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11-12-24 Regular
/ / ,°°,° . :-:.,- ..r,--,- ,::I,. .', ,i;,- •_.,i.... . ;„: .. ... --- ,.°, , : CITY OF DUNN AUDIT PRESENTATION FOR THE YEAR ENDED JUNE 30, 2024 , . . . . .„./.. , ..,,, .,, j',V; ° 0‘4 .'1,,,P.,. ,,=-4'°°. .14'.• ..4;°•.;• -•••••'•: ••"`••.•' . •!'..:::- •4;,.„ ' ".1, •"...'"0- .:•",..-•• "Z. *.'it"., 1 3*, .•°4.1.4; .- ..',.,44... . ..ii,... ' ,*„.-). ,:,'..,.,, , 1,,,, : ,,*:.' ° .,,,,..°.:-,. i-, . - . , . . ,....,,:,.. .4,.. ,r? - fj,' ..1;,, iy° :. :1", S, . ''',A," ".";'"I.'.. . :,1,..,'., ..,;1,'. • . . .4; t°• °:!,,,,° ::: -.- .1: ? ..-,: ,.. .,. • ., . . .. . .'. • .; .1.--. ,, c , , .7 .., ' ..,. °,-- • •,..° .1,:, ..f. . ,, - : . . . . - ., ... ., • . - • ,.. .„.° . •':- T.,.... ..: .. Thompson, PPkg; SOtt;''Ad4.4iis'& Co, PA. .. _ , . ,, ., . . . i i 1 lip 1 I o. ' ..,4,. ° effi.•• „ .• •, .. . . ° • " ° ' • ,.; . .i.-......, .•°.,• .: -••.•- . ow • Nai, .•4.-/,,,A ' 1 " ' 40 .4 Oleander Drive Suite 103 .• , ..- , . -, , . ., :--, ... ,..., -., . .... ,..., ,-.. • .,„,,,-..., ..,:,.. , :i ..;;;,,, . f.,,,,,,,,L . . r., „, , — 1 I 1 : i z ',',..„.... -,-..., . 44- „4.",.. .-3,: . -1.-f:- °4°.:° .4:1, ' -%ii.;:' • '''';""° ••••*°:• ' ''''Y'•'' °-.A''. ' ''''Tr ':Cf: 1 , , . . .r. . . . . . Wilmington, North Carolina. 28.403:- 4 . . . '''4r A', rf,--,, ..t':g. 1,,,,. 1*-. Illi' 4-11 ,:• .'1' ' ' ' ' ' ' '. - ' . : '' ' :'' '' ' - „-4 , ., -,..,,)r- i• • . , ...4 .. .. .. ..., -.-/Tat-.-(910)239-82,9,ek, . : . ,tzlzFrirrIrlp Prolz41p,A,p 0 p 1.1 TNTu ' °. .,..3 f• K. .. •'.• ° '• • 7,.. ° ° •'• °.•P •' , z••-,, 4° P';'' ':.,.. ,••'" -,V. ''.,?:, 4..i4... -,r4- .' ,:ftf .z.!",r, :P-,?: :-:-5%.,. .:-., le . ..-*.- tri +,/,• '°,4r- '144'.• '°44",,' °-1' ','" °:":".• :''."74' .;•!",,,#M . 4-ffil- ';'.1-'-%,,-,.k -.4;,. -:•:41 - -, •. • `,„. l'.. ... - - - . , •.:- ,'.. ' ' '• .. „. -• ''.•1 •• °,. ,;., , -°• . r, 1 wr e ° , -, w 4" m .. . e,,. tx, . \.:.n \ ...� .; \ \ .�.\, rd• ° = ' ° m =, moo» �mA ° m � ° r g a • _ r es �:., REQUIREDGOMMUNICATIONS „,, , Area Comments Responsibilities Under Generally Accepted Auditing Standards, Government Auditing Standards, OMB Uniform Guidance, and the State Single le Audit Implementation Act. Design the audit to provide reasonable assurance that the ° Accomplished. No material error noted. financial statements are free of material error and in compliance with government regulations. Perform all planned procedures and have complete access to Completed. Our work was not limited in both management and required information. any way. Communicate significant deficiencies in the internal control. © None. 2 3 , ... °" 3 t,. a. .. .. .,px, t'-.°d t°° .gip °.p mn �Fs..._� a:� .s;9. ..yz �,s 5..;., .�.° y� �y�.• °ds�" °Sgy. epee �, ^w, e�'. . . . .. .d' . °.+'4' �_ .aa . . ° aa, REQUIREUCOMMUNICATIQNS (CQNTI . e^ e ,+ '.., .? $°° .. ° . ra ., , gym . w £` _ ",g° e a. ° « "`,pn� '_° � ..a f ;e. ,a F& �` �°, .,� � °g� „� s ° A'F Area Comments Adoption or Change in Accounting Policies Communicate the initial adoption of or a change in GASB 96 - IT Subscription an accounting principle which had or is expected to have a significant effect on the financial statements. Management Judgment and Accounting Estimates ° Methods used and evidence considered appear to Assess methodologies used and basis of evidence have led to reasonable amounts being included in for matters requiring judgments and estimates. the financial statements. Financial statement disclosures ° The financial statement disclosures are neutral, consistent, and clear. Significant Audit Adjustments or Unrecorded o None. Differences Communicate significant recorded and unrecorded differences. 3 -.L.,,,—P. ®may... ,., ..Po° aE.« .... .,.-9.,a; 44; ."x= 75: .,.. .55. g.. ., n., „, ....,.. ,. :. , ,a.." s, V ...., .. .. ,. b � \ %, ° ° . . "" _. . '.�,t. , _ '' ,p•. ; ,,....° 4° n. ... °-r, A• ,gym >a� z� ° "!n i " ' � REQUIREDCQMMjJNI'CATJQNS ..- NI UED • ° 7A, °ems ° ''';° *,° °s l ay :; a MP. ' 7 ' „ Area Comments Disagreements with Management Communicate any disagreements on financial or reporting None. matters that, if not satisfactorily resolved, would cause a modification of our report. Management Representations ° Management provided a management representation letter. Consultation with Other Accountants Communicate consultation that took place with other n None to our knowledge. accountants. Prior to Retention Issues Communicate any major issues that management discussed ° None. with the auditor in connection with the retention of the auditor, including the application of accounting principles and auditing standards. 4 \ ..° ° J:: •�. $g'* 'r.=.° � t '3:.. "e#.: 4+,.a'... ,nr. in.., v ° $'x.,n r, .. ,.r.- ,,,,..,,1✓'• \ \\\\. xd \: \\ ,`\\ ,^ .�°• ^ fi' °fin �� . D N %, CI:Ty OF ° k . ° ^ rl+ a° ,m ° RE UIRED QOMMUNIGATIONS (CONTINUED,)�Q ° ;ems Area Comments Difficulties Encountered Performing the Audit Any serious difficulties the auditor encountered in dealing ° None noted. with management such as unreasonable delays in providing needed information, unreasonable timetable set by management, or unavailability of client personnel. Irregularities and Illegal Acts None noted. Communicate the existence of any material irregularities and/or illegal acts determined during the audit. 5 ---. m . nd`.-r; \ .'.ms.:' £.m F"\^�c mm4e'm";. '" „ ' =, ' , - y .1,. , F2.Ts._ _..e_„„,,.,. . m z p, ms n . 4- •' • � " ' , fi 'k.< ir p _ k h r �� cr. �a `. `„A� n jv W Sy ,P; �g fig tea r Yt s� „e� " . „ u6 M3 � � "° ' d S P, i� 4„,„,.‘ ..#4.444"..*,.,"?'"ko.". =44. ,,,,,,T.'.414.42tt=t*.0' *rip*"'",,."." "-'AV'fr.4+ ..-,'. ..,...r :,ems, „� g ,,;,�. eCITY £�,}; % UNN � a" NTH.-.,� '�i�s':!„'L ,„�, � rvy t== 3A ; k � x :a .x¢ <f... 'diets`" '�x o_ z'.rq . ..��. b � �-.' tea. }� rs y' k aye �-' Y"f 4F'Z-1:d � ,� �`� D Y,� b%;n�.' .:lr .A'��:3`�'� � ,-":..%' rE. a�'°' .,} i;�,. ,,�,:vr•,".�V'..A:5s.5,�rm",° ��.." n �, .ba � ,,.. "!'%` r,�"�:�r.-tt 17. 5�"^.i'€9 �i' 'i, .�/"",:.,a,,.,L�:rt b !fit' �, ^='� *Jed,'�+Y), r i; x. ;n' „fir �'- ,:t��..;•""-' r� 1. `3.er t r n.:'w."`,,,,,r�:",u.;; ,.:v : ru;,v,c•;;,; i'd s�k9, m7 ,' .h �� „A.+r ,a,?k.. % /. t FUN GENERAL, �z..fi, :,*:�. ��� f�� � r���' fit .�: � � � s�-� -� n�.�^ �$�zs. �F �rra;. s g i�,g �" "'gn4.. b ��'- .�&^,a� .; z � ,.�x4.*�=�'rn, � .i'''7°,.. ,�C�", .-E- 1� » ,P^3'v. w ..yXf�- %�& "'"�� .»`u,'§�7,rr "�s^ H�r,,,+P `�a�1;z��`-�.- ,.'h' f.r, -sic� ,.�-: ,�t.a, ',n "F'ay,F .. �';:f/ ,.,,,, #',S".` e�^ sa, r». 'n . t: �., .� ,. .v-t, F k." :,;r ,Tk f . ,'-„uy,ts �f'S. .rt u ', a- n -,r; -,1414 ; , �41 .., .,".; :k""e,, g'=3, , 1 3 g� '°ifM.av ra' L 3 6 o:ar free .b e s: ',-, ..§„ = 4, Below is a summarization of some of the key items in the audit report. 2024 Total Revenues and Other Financing Sources S 15,356,718 Total Expenditures and Other Financing Uses S 13,418,302 Net Change $ 1,938,416 Minimum Undesignated Fund Balance as Recommended by the Local 3,354,576 Government Commission - (25% of Expenditures) S Unassigned Fund Balance S 4,345,895 Fund Balance Available as a Percentage of General Fund Expenditures 33.34% Tax Collection Rate 99.10% 6 'fa- . are a .,,. \,.,"e �. -, ...-�::. , ..,., .... :° ,...�, ✓ . x,�,\, a„�,u,\„u\\��' r�.�. �.\\ \\. tea„�, \�\.,\, 'V r\ a\,.� • a " . a' ,. s a °F t ° � ".,.GENERAL ." °.;tk FUNP . .. „. m w P' e t e e .,,,, ey., as ry9 gy a -gFn .'" '.n °&^i ',.° ° ,` ,^,A.,. ^ °r° „a8 -. . `.Y m ••,` "'n n° • ^�*"a. �f A it. "5 a S. 4. t-,^ OPERATING SUMMARYs ��° 4= b d£n s „° '§• 9. as. ,° °� V.' 'R� 8;,.<" `..N:"& h'v ".y. #e a x 'S° t " �"' �q °�' °e9x.R ...°� �,'. g..F.a, 43e° ,y� ,, g °."�°, .:;:a ,a-.w, "'4.....,.m.2._.. ,`.;;9' .,,....m.b.= .a_ . ..r."a" z° -,:..., w„-_ _,.,• _., ..«..k? ...1._ 'a"., .. �x ., .....,._,... ,uw .e . ...,,F.°,.. .w, va.<„, ,2. ...a.__. .,. _ ,.... .. • .ae .__ _a_ $15,356,718 ``�F $14,506,001 $13,238,300i , 13,658,559 $13,418,302ss< $12,642,377 $12,710,490 I .,, $11,246,080 A . 1 F his s� 's j3# 7. . F ,�.,,,.,s <^,,."t, fN .,.,."mom .-,m .. ...�,7,.. ° f �,.,,..-...,�...,... '''''' ' l''' - - ''- .,...„,_.,„„.„,,.....,..... .:;.„....—`..,--2. I— — 2021 2022 2023 2024 o Revenues &Other Financing Sources ■Expenditures &Other Financing Uses 7 4. :-..''' , and ° �,. t , °°. , „. � , . � �,,,, \ �\ ,; ,,,, ��" 4 �. A.,i �� \eta: ",A`a , � � �s. I. 8.: '. §: ' 8 m # ;�t '(Br %.° Al,- 't°° ;+.".° A,'"°+° ,'ra^ s"t; :'8 4v,, p�, ., ,° °r�1°. 'k',p° ^ °,dw° °�d : TcIYP3KEvEN:UES: ad . . , . :I„„:.„; 8. , . ,. .'° sit , ° ° ° ° ._,cmALzBcrrD .. ,t ::: : ?4. 3° s° ''".'s-t1'.''; E Other Revenue $2,266,290 16% .-f.' i 3` ` °, ' , Ad Valorem Taxes Sales & Services_ ,- f °., : Rn.. . ;, , $1,539,709 Fa R' $5,826,180 -;,: m-i, '4%, :°.1:` A'' ..T.I'.- ,--,', ' '. ..,,,° -° -t-. ' .4.,, , ,,- . . , ..,,,, , !,. / zt ie y� � 4 , ^ ., yj �l Fc. r n ', Post v$¢ a °- . ° °4,11, s g v qg- x ' g a° _ 7I Unrestricted , -' Intergovernmental. -` $4,648,338 32% 8 ' ,'gr r '., • . .°; .'�...^.g"..' "4bs t.'v.., . �,�,..ra .m ..^ �w -, vn , .,n nw�, .m >w. A"" 1 F E �gFesrow„li N \� °� �� s\•an7 11� 1,1h \ 3. , ,• > .;ac a ° 2ma�' .t, ,-- , m . • ., • ,- °°c .".: m ,a ma' .. .4.;„ n „x a ,. c• >; p ' ,`; • . ,„, „,,, ,..,,. ,_:;,...„:„:„. ,„,,„ ..„2:,.„,., e,‘,,,,,,:,,,2,1„,„,,,,,,"ii, P EXPEN TURES° as "sdi �[',� ,P �°�+` a^`t O r 5 u�r�' $;�•y�,-$: x°•` 's 8 k`,p,� .�'�r°'� . .. tom'. �i ;`�.. ''y, '�� .x a� �• °7,,, gaaa°° •t �. • • 4�.. , �s GENERAL a;6 a •a'^a� .PERATING m�. 20,�' � �� ,.., ..,.,, ICI l,s §y :: , : �➢r�'s� S#.. a �: °deg �`. .. > ° ..r!sr'- s„S �z: .r".w .':•.� °.m«v� �.,«�."t Po•s P..».;r' sa.,•< >..:' ,_.+, ....,..,. ....;m:�`+�&,a:'. °3.�.a»� .r,..�s ..z ",°' +s' ;',,:, :�._' 4444:°ea°..,� �.:._ ,. ,,,> ,r n_...�,.�:s .,., .. .._,...i._.....'.w..,..,a f Other Expenditures $3,398,340 27% �. 4 Public Safety •.,,,,, „4$•.-.,..*: ,,,..,4,,- :,.....:' ....,T,. w •/0- ...k., ' � , �. . • 4 §§;, $4,784,900 s • r 4 mid,: , °yi y " �, 2 / o." %� :,:. i ",- ,_ r /y y. .", ,, ,, ?'.,, ate; q, ,, , a' aH4 ...E +m� it a Transportation .,a ' �j , °° •` >fit yL rT Yx 3 x sue/` 5'gym �, a1 "'a � $1958 896 . 15% ,6-t o>,� F ,.tom s��, F 4, . `t O ., 4 Y. ' ' '' a Te ua"S a 6®kit¢.L�,a�4 .�-�.QN,=^x!`x•'R.bt'. . • • ----General General Government $2,523,137 20% 9 ..-t° .... ,.,,. :— ..-.,. .. ,.A..y, .„ .q. ......".:-... „,a,.-. ,,,.,,.:°.:7..,,—.,r,....,,'77m.,«„- l. ....,,nm .7777 - v ..t. m ;m.. \e. ..m\ t \, \ F ° G "' °o,4° „I., °„ :0',:..:,..,-„?;. °8u` _ .4 r a�F..w :� •.' ',;., °_ a.. 'z ti ' •t. ' -�_ Sg- w" s �' ° _'�'° .' m "_ ° .;. ,a&�',, 5tl °,&° ., , ,,^ °8a ". 'S'.: d", ,. k� °; "sue" ° ''�` p "� ° "„p. pt .a�a .. ',�`..• °, �." ,: , °`;'; �°a +y,. Pt � .�' roily ., �`• o� 'YYz--- ""� °"1 FN • • Q ' A6A: TE� ° ., . , :. l^ 8 � '°.°',q e,° , d$�+n ✓� "ems" '.i .,.4 • ,i. ::" ,- $ F,is ,_,_ _ _ — ._—_ ---_ _w___.__.___ __.__� ._, . ___ �_.�_ . Total $9,352,274--_ _.__d____ milimi Total $7,437,922 m Total $7,118,2.90--.___3�__.- -m___. "----____�.m--�.�._...,-____.- ,m^.,_.____�_»_..��._.._r_. ._ litutifilln r_..�.._.__.._._.,__�,��._,_. _..-....__-_._,.. .__._,____-... . :," Total $6,590,480 y � %e - `•£ I :4 ° ?� ,,. „, ,..„.....,, l''''''''', .:-•',. ''• i:';'".'':1,:•.-::.......=4 ,.,., ., :y .!,----. ° • $4,20196, , , ._ .M.. _ _._.. �_. _ __ _. ,_ - , ,e ,,,r .. '$5,006,379 t,. $2,916,328 $3,148,740 f r , 2021 2022 2023 2024 ■Committed/Restricted/Assigned 0 Available 10 • :®'. - p.._. ... g�.. r.., e°... • .� � g . . v+y'-,g ..4'''. .r^,.. „ .::.. � +:.: R P C \P°, ,. ° � .�, � �a "." .;�.- ���.,. �', " ,. w' �y;.n n�� �+4 �-.r ,' .",�' ,,:. ., ' � "� "� '' �`^�",. @. \ e\F\\�,cc.�� v ��, l 74'`; e. i. . ° 9 ,'4" " ,- . " .. e�;: ,.;;. s a ;, "" .. ems° i• _ ;;'' ,...1 p ," ,a.; ..r•. ,2".. p«i.`• " s•tr".:. 45 x• °n dye, "; ° .>,. ".�, ., ® w'e °° =¶aa� °" � w °° G �,;. �. t ° • "'8a° ,�°;. DUNN . .5' x., ° , , ° i; a ° e° °, , . g,� ,�« !. ° .�7` q° °tea° :." aCITY O ,� ° ba ° § .g8" 5 '• I. .. . .... ., , „. a, s;n °8 tr," •,� •a. . fir`° ° € s`" .„.. ° _. ,, °. t "t.,: °° , `" r' P "„dr ,4 ° , 1 `'9;" :;;; w, a4,. s.d.,. W.,, °�.r " wa °..,e ".a:�, :,. a ,^ ,dam °"°ae ;2+'.,. r �`, "., drs •-�°° . ".," e - a r,, �.. p e •.aa,°° a.a �a� �®. ,°:�: .ems.. .tea s° gym. .. '* Fund Balance Available as a Percentage of General Fund Expenditures i _ 4778 0 , 38.74% 38 09% A , . . , 33.34% 2021 2022 2023 2024 11 .. ,... ,. ,, -- r — "„ .., - ✓., .,. _; „r .., -_...,..,..,.,..._.__..._.-,.._...,._,�„--.-.,_,�,.,,_...._., ..-._._.,«,.,..-._.,.,..,«,,,�_.__w,.,......-._.._,-._."-..«....._„-._.-..._,.._..__�,.,.,., M,rm" cr`+r• em"�„�,Tr"^^^,w,nm cm rn e��cm�"�°�^mp re^a;'m, .w„r'Cn xe „x^riFf'��^r'm�,r ,m�°r\^S';°"'ate < ,._ ,,,,,y, aka;;g"m ,,,fie\, 0 e .-'s;�.•� `.%4r.,,,„`�:'�r>�a-,.'tr.." ,,.�-. ,m-, �,,. >, � � �'', � ', ., ,�,._ ��,`�\�„ �mp� � �a��C"eV\°.,...,,�\��d,*..,e�',aW`a�� _ �`;e �, cage �,. :,,/e„g n h�, r, e /%> yr, .,.5,_ ,j,/,,,;,F,' +,. n' s<s4✓>F, � o� a ac ✓vd', ''*e 1,t,'i, ,•,, �r„ L n . x.•,�afr. 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's �"r%s - am` ' ^w �;"; fi scIF ' ,; ,.;, .rc;; - G. ems-.-: r � . 5 ' j���,'rr. 3 a„r, �cr ,.T ce,. ;f �9/. n" n, i.X"'i t„Y 'kti,! ! d ac..,, � ,, ,.x. ,, i,f„ n,-„ ,-, , 1,:'"Y,W, 'f�i!'✓%<' !;✓i'r'�"ti`5� ,., .,.... .�'K,'., ,, .��z..'... -Fsf'`�s.;, „''.��yFe', a x. >,,,,,..�+§:',^.�"n<,<.i:#;i;,rzi<�"',A �''ui';9P{�.<,.,.,r"�'y�:''%4,%>'4�;� .�/i/':i;»�;.,".,.,e,.'<"--�fs✓'nn.z< ';N'.;»;sr4Kn,i:G�>+ @...e e ._P, ,..Y ,., u „ <, ..". <a., "-$' ,+rk,„w ,e ✓ �`x'�1 1M;�✓;'t'�> 1- ',6. ..f ,.. « : . ax, '}.-" . v„ r u,/t ✓ , ;/.�.,:, .,=:`"..,.,,-:t ;'ra` m/,€ car , � fir ,n „, �,,,, ,,,,� ,•/:?< i"�, "'✓T '`s`7% „,�`,« ,S „ ,, e , . `'„ r`-„' r'm'� ,wt'' ::-," �,.,-,t.,- <.-',� ,,,;:'h • jai <;�,, . %err:,,✓,';3."' ' tier.s d,^3:1 1 , 4 e 7; D ear Board.Mx , Members.' a 4 R y: 3r - 4 xy b , (' If i 1 Below is a summarization of some of the key items in the audit report. : , 2024 Total Revenues and Other Financing Sources S 154 497 I` Total Expenditures and Other Financing Uses ;S 135 228 Net Change 19,269 Net Position at the Beginning of the Year S 13 038 Net Position at the Ending of the Year S ± 32,307. 12 --, -:. '^.:_;., " ,� :':. .^,-c; �:-:;.. .',„" , r^ ..,�.,�.-:: ,,.., .-,.___,....__.-...A...�..-...._.._.r..�,............__..-.-,......«-._.,»....,..,^......-....�_._...,...,�.._...._..,,.-'"--_.- __...._....._._...... ........_..-.,,..,.-.._... �,.�,� C'"`,?�`� gym`�'��\����c�� ,��'o;�,°�C �, �� r.. �k, � �' �� a.�,;,, �,,.���� .,ter., m ,. e. .a n a s .T Y OF DCN1 GENERAL` GOVERNMENT VEHICLE AND EQUIPMENT FUND 4 , _ . . • ,, . ,., , , , .... . ear Boa rd Members: . ( Below is a summarization of some of the key items in the audit report. ;! ',! 2024 Total Revenues and Other Financing Sources S - "i Total Expenditures and Other Financing Uses IS li, 441,298 Net Change '$ (441,298) 'Net Position at the Beginning of the Year 'S i Net Position at the Ending of the Year ;S (441,298) 13 \ r-777777 777\777' \ , ----i , , „--',,'---',71,----,1t- y , , . , ..„. ,,,T,...-- 0F,,,:::. „. .. . , „. , , ,„. .- -;.:,:,, ,,,:::;"; ,,, ,, FUNDS ..., .. .,,4 /,.1.,,t. ,-,-,--:,,,;:-:A,JoR- ' 0Nm,:,,,,, , .. , , ,, , ,,,,... ..„ , ,,, , "/ ' , , , , "','',''Y '' '''' ' ,,,,, :1,„",,'," '.;<.'?"':''', :`!':*; 2024 , i , ,, ,,,,, ,,,,,„,,,,,,,,,,,,, , ', , , -...-4:. 11 1 "i:,:,,,,,-.„--",----,,, - , Board Members the key items ear • -- -, : • of some :S l' low is a summarization Be i of in the audit report. 1,733,928 i - ;S 0, , Total Revenues - and Other Financing .Sources.. Uses 1,160,683 Financing .. _ Other • l Total andExpepolitures 1,503,437 , , - S! ', the Beginning of the Year et POsiti°n at 1,527,5°1 ,i ,, • • Restatement ••• , ,s „-- .,-- - Position, Net 24,064 , , . 954256 • ' at the Beginning 'S I' 14 Position D Net • fling as Restated Position at the Ending of the Year Net r,Mm r h„�;f'. \n e\t \\`\` r\„ NC, n6\.m^,`�'\' .Y o �F �, •<n.. :....:.<a,: �:'.,rl.:,r=i'^aw-�,`�rz'' x ,,,C,t,t \� r.�"`m ,`,�\\", t\`�"x xS, :.�, <. .. ,.r;..s,•:.x<.*. .'" �<:.,.«:, -aL=.°✓,'�� �' ��.se'" ,,,.�aR \�^, ��, .,"\�'a'�,";, ,\"��ar„ rr"" \C\e., "\,ra"�\, \,\ ...r..: ::,":�"'.,...._,__....., ,........::.... ..."....,'. ".�+^'- ., ,.1. �•s.. „ :,:' „t*" \a. .,\ \, \�'"�`;;,,a `��m.r,^\r\,"� o,r� \�`,h'ara.,,:„,\ .�., �\1"�\��,�t`t°�\,, `�\`�\��\�\a� .x\, k��to ,,rQ\.\,a n,h\, �aW, h\�\.`"a� .i.0`x t„�\a,\ t v„ \.,,,a ax\a\V �\"x�3.,8„ \.�,o,w`. r\\ \\\, ao\,a\\at x\v,\,\�\� \t`\\pa ss_�.;,...;.."4r.....'."., ,.. �"",<., ...." •,,,.��-.,s,.�.'a,.:rn,J=: .vim � �, 1 "a,i\, \r� \gym\\��\ „<,aw\ ,tpv\,. # r 'i:;L;-;` ,:, ., n r .F,.r.: ,}.*%:::�;.,�w"„^^�:¢.:,^� ^e;J S b--.* .�: >n..." ,,... .. _. ..:F,.r, ,.,, �:rv..R!, yy t " 3 ...r v ..n ,,. ..: .. ,'R' {.r2 i; .. .. ... , ""_ .., ., ..>, .. ...." .a..,s:,.�,..,,,,..., :fir .r�ro.'t'�, r ::9-�;' ;,�/ 'i ':r.;< ,.Z:.':;"j�j:,.: .. yr , � .,. N ,.--..• ,.. :,.::L,....,.,ec ",k, u.,.„ t ,s j t , x:c-- e.. , z.. �,r r r . t ,h. DUNNr , RUD i ear Board Members: i ' Below is a summarization ofsome o - the keyitems in the audit report. 2024 f p iI Total Revenues and Nonoperation Revenues S ,.___-_-____ 8,527,206 Total Expenditures and Nonoperation Expenditures IS !' 8,046,449 Capital contributions ^ _ S_ 8,048,632 Net Change 8,529,389_ -- � '^ Net Position at the Beginning of the Year S 30,272,825 Net Position at the Ending of the Year S '' 38,802,214 1.5 1777,777777 \\ �, gym \m, rr 3..,. .....:,a,;<... � a, „„c. „.�,..�,*., r ma -+,,, ... \\,,as� \,\ . \, .4 ;\\,\ .� ,,. , \a,m a��,.„4,\a`\,\4,.�°`�c .;a�\a��;` �,..- „ „..... ..........._. .,., e-.,. ..--.,, . ..,„_, .,.,.,,. �F ,.>z., . „ ,k4\\,. e�F�\u \ ,\,4e\,as .a,r\\ a�\,\a, ;,rp \„a\.,,.,\c, ,Ua„ \�„\\,\. ,\\\�4 _ ry , �'\�q\ \.., ., Ao eV „a h t. ;:r . , n. . r , ue. ..... L ! fi:, CITY y.. +a' ,,,.. ,,,, :,„, ,, _ ; : ,, , -, , , : ,, . ,,, .., . , ,,,,, „ , , .„, . , . ,, r.n .x a"r , , , .. . .,,,,, , .. _ .„ . , ,, ; .,,,.;:ram ,, R FUND - ' ' '-- .. -. ....-. .. ... ., ...., ,.,„� ,vim- :.,>.: .,+. i< - s . , . , , h ma's, +- . r. _.,.,. ,..�. ... .. ::..:.*tea.:,:'-_ r' •''z� ;.%r " �!;... � 3 v;n ..�. ,>s. ,xt, ,s J .., «b-•� ,- >, .z, s -L, � -✓ Y re ,s .. ..may „.,-- „„.;.. ......... , Y $ it.>�;n,-I...:-.�:,,»° r.-r,>.,,r,.,:,•,r<,. earr Board,- ,_ r Members:,;:., , »>M � : .� wq.w., yy s.� a-�;�� {,-�zx d � w �i✓�:�^:";';r..b;.v:<,'�:;%.�,4.Nr Below is a summarization of some of the key items.in the audit report. }' 2024 Total Revenues and Nonoperation Revenues ;S 444,063 Total Expenditures and Nonoperation Expenditures S :, 2 3 87 74 Capital contributions 'S 265,355 Transfer from to other funds ;. ', 118,800 Net Change i; 1. 540,475 i t, et Position at the"Beginning of the Year `S_ " _ __ _______324,975 Net Position at the Endin oft e Year 86 16 ..° `:�`. �° a,. ,...... , a,.. .. ... ..o. ..�..�.,�^ .. r:: w.,.*n. 1: 77,17, g��`P, .m.. ,�g '" ��'���`""m 4\\�'"e y �., � e�'�n ���m `n ��Ke,' : s: ,i, s mr ��a g , ° ° a '�� s �^ � Apr, fin. a A ,�;, :fig ,,. .,,i 4' ,-,,f, ,° ,4 .;fie 17,, i, r..° k .,,o t i ,. , , °. .; a. ^. ' , ° j a - � .�u=. 4. "7-4" Pam". � , _..i P em 9^' °"�. a4 ,9 .r8 y �,, °4 .;�. 7i;" f L s' ... 0 � i .y.v° : ,° a ;° , .. °d .e arm °_ , N „ . °�z= ' ,If.,- it , , $f ^„ r k •v. £. m � 6. ° 4 7, °� 8, Y �°s° a P n �. 4' 44 _ .vtld �d ° •^_ i a ,a�.4 ,8�9 ' ' ;12 ate.kW "4. ,. ,,,:i,, "fib, °.: •A `_ m 1-, ,f , g 2'. m+4as '. 8"4'a ° "iP " .., ,, '_#". v` .0, it, ... 3Y= ee ii: ..W 4''' ,B� - .� v a °. as° a$ Pad.° s Zi m, .^ e E {€. $�, ° " ° s`d � ,'" . .. °. ,.vat..v ° , x g °.,,° , _°.,. ° , • 9 . v , .P, ::If a. ,ate "` 'e. , • ,a .,b, •�;} e� .P,,., ° n Analysis of Cash mil General Fund $410,147 0 56 ',� .:.�,_,. i SCIF Fund $555,489 9 General Government Vehicle and Equipment Fund 1 $- I $- I I Non-Major Fund s = , $1,183,357 $429,507 Water &Sewer Fund • $131,422 t' N� , 'x �,,a- �, $4,260,942 I Stromwater Fund I $- $265,643 ti •Restricted Cash &Cash Equivalents o Unrestricted Cash & Cash Equivalents 17 , r ryrrrrylk:,,rwrwrtmisli7MIMMITVA, Thank You for the Opportunity to Work • With You ! 18 a 02024-26 ATTACH#2 11-12-24 1887. 3 S v Z. '�.:. P.z�id ,ram Capital Project Ordinance Amendment FY24 Vehicle and Equipment Purchases Project WHEREAS,the City Council for the City of Dunn,on June 13,2023,adopted the annual budget ordinance number 02023-13 for the fiscal year beginning July 1, 2023; and, WHEREAS, the City Council, on June 13, 2023, adopted the capital improvements plan for fiscal year 2023-24; and, WHEREAS, the City Council, on June 13, 2023, approved capital project ordinances for the FY24 Vehicle and Equipment Purchases Projects with appropriated funding of$1,148,861; and, WHEREAS, it is necessary and appropriate to amend this capital project ordinance to reflect the final funding sources; and, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUNN, NC, PURSUANT TO SECTION 13.2 OF CHAPTER 159 OF THE GENERAL STATUTES OF NORTH CAROLINA, THAT: Section 1: Purchases for this project are now complete and the projects are to be closed out with final appropriations of revenue sources as noted in Section 2 and are adopted as follows: Section 2. The amount of funding appropriated,and amounts budgeted for purchases and related costs are approved as follows: Previous Budget Revised Funding Appropriations Budget Amendments Budget Installment Financing $ 1,148,861.00 $ (219,861.00) $ 929,000.00 USDA Grant Funds $ 145,000.00 $ 145,000.00 Transfer from the General Fund $ 23,404.30 $ 23,404.30 Total Funding $ 1,148,861.00 $ (51,456.70) $ 1,097,404.30 Expenditures: Police Vehicles $ 304,861.00 $ (30,353.42) $ 274,507.58 Public Works Vehicles $ 162,000.00 $ 4,790.01 $ 166,790.01 Public Utility Equipment $ 195,000.00 $ (5,471.95) $ 189,528.05 WTP Vehicles $ 52,500.00 $ (7,026.41) $ 45,473.59 WWTP Vehicles $ 168,500.00 $ (12,985.93) $ 155,514.07 Stormwater Equipment $ 266,000.00 $ (409.00) $ 265,591.00 Total Expenditures $ 1,148,861.00 $ (51,456.70) $ 1,097,404.30 )'( I ere community &iiny! VI Section 3: Funds may be advanced from the General Fund for the purpose of making payments as due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 4: The Finance Director is directed to report periodically on the financial status of each project element in Section 2 and on the total revenues received or claimed. Section 5: Within five (5) days after this ordinance is adopted,the City Clerk shall file a copy of this ordinance with the Finance Director. Section 6: This capital project ordinance amendment shall be effective immediately. Duly adopted this 12th day of November 2024. 'c G�® • •C,®RP° , .2® William P. Elmor r. Mayor Att st: .A L elissa R. Matti City Clerk Iere community 6e3ins! CITY OF DUNN BUDGET ORDINANCE AMENDMENT Department: Capital Projects Budget Amendment#: 14 FISCAL.YEAR ENDING: 6/30/2025 Date: 11/12/2024 -Appropriation Amount of Appropriation „ . ,FUND. '• •Acct# .,. LINE ITEM°`DESCRIPTION , „ „Before—:„,., Amendment- After,,x . ;.. ,, , , ,. ,,',Amendment,, ..Increas_e/ Decrease "Amendment , Capital Fund 062-0931-7401 Capital Outlay-Veh&Equip $ 266,000.00 $ (409.00) $ 265,591.00 Capital Fund 069-0930-7430 Capital Outlay-WS Veh&Equip $ 195,000.00 $ (5,471.95) $ 189,528.05 Capital Fund 069-0930-7431 Capital Outlay-WTP Veh&Equip $ 52,500.00 $ (7,026.41) $ 45,473.59 Capital Fund 069-0930-7432 Capital Outlay-WWTP Veh&Equip $ 168,500.00 $ (12,985.93) $ 155,514.07 Capital Fund 102-0910-7404 Capital Outlay-Police Veh&Equip $ 304,861.00 $ (30,353.42) $ 274,507.58 Capital Fund 102-0910-7405 Capital Outlay-PW Veh&Equip $ 162,000.00 $ 4,790.01 $ 166,790.01 General Fund 010-0500-8510 Oper Trf to Capital Projects $ 118,669.00 $ 23,404.30 $ 142,073.30 $ - [EXPENDITURE TOTAL $ 1,267,530.00 $ (28,052.40) $... 1,239,477_.60 !°gyp ,. . ., , .. .. , ,. ,;, ., , . . . ,..:. :., .-; ,, ;, . , propriat Appropriatio n FUND Acct It:' : LINE ITEM DESCRIPTION. Before Amendment ::After :` .r r v 2—Amendment:::, ,,ncrease/(Decrease " Amendment Capital Fund 062-0399-1400 Installment Financing $ 266,000.00 $ (29,587.00) $ 236,413.00 Capital Fund 062-0399-0200 USDA Grants $ - $ 29,178.00 $ 29,178.00 Capital Fund 069-0399-1400 Installment Financing $ 416,000.00 $ (72,413.00) $ 343,587.00 Capital Fund 069-0399-0200 USDA Grants $ - $ 40,822.00 $ 40,822.00 Capital Fund 069-0399-1401 Oper Trf fr General Fund $ - $ 6,106.71 $ - 6,106.71 Capital Fund 102-0399-1400 Installment Financing $ 466,861.00 $ (117,861.00) $ 349,000.00 Capital Fund 102-0399-0200 USDA Grants $ - $ 75,000.00 $ 75,000.00 Capital Fund 102-0399-1401 Oper Trf fr General Fund $ - $ 17,297.59 $ 17,297.59 General Fund 010-0368-2001 Fund Balance Appropriation $ 696,164.00 $ 23,404.30 $ 719,568.30 $ - [REVENUE TOTAL .__$.-____' 1,845,025✓.00,^$ .28,052.40) $ - 1,816 972 60rt CERTIFICATION: I certify this requested budget amendment was a r e by the City Council on: City Manager: 11/12/2024 > N 7)71/9't1(4' 0 Finance Director: 11/12/2024 s�tl �,p JUSTIFICATION: [,Close-FY24-Equipment; apital project and:allocate;general fund - i N11 =reserves a 41.-1 a .., 0 FUNDING SOURCE: ,General Fund Reserves • p c:20 acaLif, lofitipy pd A5.746 Special Event permit ATTACH#2 le,01Rellt ' 11-12-24 Event information Type of Event El Festival ElConcert U Run/Walk ,0 Parade Elpther—Type FREE EVENT at ANOTHER BARBERSHOP Name of Event and Sponsoring Organization! "Customer elC1Corilniunity Appreciation" Day.THIS IS A FREE EVENT!Pre-Thanksgiving Meal,Clothes Giveaway, etc. Point of Contactfor this Event: Name Corey Williams _ _ Telephone 910-230-0100 Email anotherbarbershop©yahoo.corn Purpose a EventAPPreciation to the community gnd customers of Another ParbershoP An act of kindness with a hot pre-thanksgiving meal before the holiday season. Event Location:614 E. Broad Street D.I4nn. Ne•28334 Event Date(s) November 23,2024(Saturday) • Setup Date(s) November 23,2024(Saturday) Actual Event Hours 11 am-4m Setup/Assembly Hours 6am(cooking)10em(food setuP)11 am(start serving)6pm-7ptri(cleanup) Dismantle Date and Time November 23,2024 Projected Attendance CH3° , Will there be the use of fireworks at this event?ElYes ,No Will alcohol be served or sold?_Oyes ElNo. CM tilt If yes,please provide required documentation. AiQ MCA 36' - Will Tent(s)be installed?,El Yes LIN° evut,. If yes,Size NIA' Number of Tents" pet If, applicable,please attach Tesitsfternporaty Membranes Perinit Application. Will Inflatables be used?El Yes IJ No If yes,please attach Tentsfrempormy Membranes Permit. Will this event require signs/banners? Elyes EINo bt dczt- 1/: 174 If yes,please attach Temporary Sign Permit Application. -- 1'2-2q, Do you need access to city electrical outlets?ElYes El No Do you need access to water for your event? ElYes 171 No Additional Fees may apply for water and electrkity. You will be contacted to discuss. . . . , Special Event Permit Application,Page 4 Applicant should include a detailed Traffic and Parking Plan. Will your event require the closing of any City streets or parking lots? 1-1 Yes LINo if yes, the application must be received 60 days in advance of the event. Request to dose any state-maintained roads must be handled through the NC Department of Transportadon List any street(s)and parking lots to be closed. Include street name with date and time to be closed and reopened.Also Include a detailed Map showing streets to be closed,, Requesting to block off the streets from the store next barbershop to the corner of 614 E. Broad Street The roads are/will ONLY be closed for the hours listed,and all streets cleaned of any trash, etc all while respecting the deliveries of ICA and business next to us. IN ADDITION,THIS IS FOR EVERYONE AND WE WELCOME EVERYONE IN THE CITY OF DUNN TO COME ENJOY THIS MEAL BEFORE THANKSGIVING. THANK YOU FOR YOUR CONTINUED SUPPORT-Another Barbershop Owners Please attach map/drawing accurately depicting proposed locations,activities,and traffic flow, with proposed parking plan. As a condition to the issuance of a temporary Special Event Permit, the permittee shall indemnify and hold the City harmless from claims,demand or cause of action which may arise from activities associated with the special event. By signing this permit, I acknowledge that I have read completely including all necessary ordinances and answered all questions truthfully and understand that the event should NOT be promoted until a Special Event Permit has been issued. Submittal of an application does NOT guarantee approval and the$25 Fee is Non-Refundable. Violations could result in forfeiting the right to apply for future Special Events for a minimum of two(2)years. /0 t i , Signature Corey Williams 0 i laid Date October 15,2024. I Please Return Completed Application with Fees to: City of Dunn Planning Department 102 N Powell Ave PO Box 1065 Dunn NC 28335 Telephone(910)230-3505 i i . 1 * . Special Event Permit Application,Page 5 Checklist for Attachments Please make sure all required permits and information with necessary permit payments are included. Check or mark n/a FIT-111. 1 WI BC Permit(if alcohoi Is to be served or sold) F9Tents/Temporary Membranes Permit Application EINIoise Permit Demporary Sign Permit U_ ...roof of insurance or Signed Waiver Please be sure to include Map(s) or Drawing(s) showing location of event, activities, requested street clesures,parking and traffic patterns. FOR liFFICE USE: ! 'Called Planning Department; ; 14e41 tth beith . . *P‘a,Antna 11A1 46' Coter430406 - Alc, f1/41.5 ‘ft-act- -5 " Tb. '13&.011 17146- '' Inspections Department: 14,0kert iv 6 -cite. i , . . , Police De artment: City Clerk,if required: City Manager,if required: ., Date Received: 15 Date Approved/Denied: i,1 /I .,1-.1 Date of Notification to Applicant: I I 3 0 Staff Narile_nleitsd rY)0, ' 'I 1 - Staff Signature ) ,,/LL t ":, . 4 --..,------ • _ - . ' ..__. _j_.„ ... ,,.. . • , , wibryithethyt ti. . . , ... 1 i ,... , , , .. , -1'...'. 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" )' �F'. ▪ i r» .F ▪ ,-fir r "{ R ." xis L3 � 34 t3 F� 'n': ry a `'j_' - ,-.' x ` '). ,'ter'�:= .� .�r,., '�-4i}' v _ '+..�" ;. 1a-- , . ▪yt^ r � ,J. _^ 'b =,✓-c,. as_,� "..:'">, ,a-r r 1 ,fix ,c - tti , ue # i 4w sg , it 'F t -i. .!' `ate `�d I 1 ' i i' 1e �, r.,ty,{y . .? '? ,4- `��fj. �'� � ',•r .. tip "!t "' .: ,{"'t� r �°t`z 7� gyp. • °� �° 'F 3 $ -»; , ,� - "`_,it 1 � 'sa �1'^ ss �S .,S F[; ` —J A7 47 Q.R"�-i.14A_ 7'�[A # dry 9 N. 3.9 yy_a r`t" . �,i: . r CITY OF DUNK BUDGET ORDINANCE AMENDMENT Department: Utility Operations Budget Amendment#: 6c I'to FISCAL YEAR ENDING: 6/30/2025 Date: �E}�? 82` Appropriation Amount of Appropriation FUND :Acct# LINE ITEM DESCRIPTION Before Amendment ;After' . ., . . , .. • t- , , .'.', 3„, n merit :, .Frd ,Amendment :, - Increase/(Decrease) Ame d Water Capacity SD 035-0929-7600 Construction - 52,490.00 $ 52,490.00 yEXPEN;DIT.URE TOTAL .._ .K._,._, 52,490.00 $ 52;490 00 mount of " Appropriation `Appropriation A pp p „', T, ,DE R PT N , , , . . ,. ,> Before . ,, ,Amendment After FUND � .: •, ,�. : . t Acct.#,;; , ,. � <, .LINE1 EM SC I 10 r i. .'.. ,`.. , r .. - � � s ) Amendment _. , . , . . .,. .-_ ,-: , .:',�;�T .,. . � i4inendriient �: Increa a/�Decrease Water Capacity SD End 035-0399-0811 Water System Development Fee $ - $ 52,490.00 $ 52,490.00 $ - LREVENUE TOTAL w .r_ ` ._.__, _ . �,$ P..- ---_.$ ___ 52;490.00 _$ 52,490.00 ,CERTIFICATION: I certify this requested budget amendment was E pp;. .d by the City Council on: City Manager '- 10/2t2024 II-IZ-2%1 Finance Director: // - 19/22/2024 JUSTIFICATION: Allocate funding for,the` truction of a water extension`across ; DJ Fairground Road.. FUNDING SOURCE: Appropriate{Hater System Development Fees' Iv 0 Iv 1 iQ, IV32. IV-I {i"'I a C) 2 4* w CITY OF DUNK BUDGET ORDINANCE AMENDMENT Department: Park&Rec Budget Amendment#: 15 FISCAL YEAR ENDING: 6/30/2025 Date: 11/12/2024 Appropriation Amount of Appropriation- . FUND.°,_ ,_ .k. Acct# ,. , . ; :-LINE ITEM DESCRIPT{ON .: , '•: =; .:;Before .. " ,,: 'Amendment ,After. , Amendment :Increase•1•Decrease Amendment General 010-0620-7400 Capital Outlay $ 86,000.00 $ 25,000.00 $ 111,000.00 $ - $ - $ - $ - $ - EXPENDITURE TOTAL _.--- ;: __., '$ _ 86,000.00 $µ 25,000.00 $_ 111,000 00_, t.� . :-, . ,� � Appropriation Amount`of ,A �o"riation ,Ac # ,.. ,_ , , LINE'ITE{VI.DESCRIPTIO�N" .�:. ��;'',.', ' � � B• efore, .�`. Amendment - .''After � Amendment . Increase/(Decrease): _Amendment . General 010-0367-0003 State Grants $ 25,000.00 $ 25,000.00 $ - $ - $ - $ - $ - $ - IREVENUE TOTAL �° u w _. .._ 25,000 00 $ .__25,000 00F CERTIFICATION: I certify this requested budget amendment was air', -d by the City Council on: City Manager: 11/12/2024 ( • Finance Director: %/ //)/1/ 11/12/2024 W m JUSTIFICATION: Grant funds received for t pu chase of ballpark fencing.at Tart;Park r4 N _r �cn FUNDING SOURCE: NC Youth Outdoor Engage- Commission grant N� 4.-1 a 0 2 4. ATTACH#5 11-12-24 ASSIGNABLE REAL ESTATE SALES CONTRACT (TO BE SUBDIVIDED LAND) CITY OF DUNN THIS ASSIGNABLE REAL ESTATE SALES CONTRACT ("Contract") is made as of the Effective Date (as hereinafter defined), by and between CITY OF DUNN, a municipal corporation organized under the laws of the state of North Carolina("Seller"), and NVR, INC., a Virginia corporation("Purchaser"). RECITALS: Recital 1. Seller is the fee simple record owner of approximately 19.68 acres of real property located in Harnett County (the "County"),North Carolina, identified as Parcel ID Number 02151720110025, as more particularly described in the legal description attached hereto as Exhibit"A" and made a part hereof(the"Property"). Recital 2. Purchaser has agreed to purchase, and Seller is willing to sell,the Property, subject to the terms and conditions set forth in this Contract. NOW, THEREFORE, in consideration of the mutual covenants of Seller and Purchaser and for other good and valuable consideration,the receipt and sufficiency of which Seller acknowledges, Seller and Purchaser agree as follows: 1. AGREEMENT OF SALE AND PURCHASE. Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase from Seller the Property, in fee simple absolute, pursuant and subject to the terms and conditions set forth below. 2. PURCHASE PRICE. The total purchase price for the Property is Two Hundred Fifty Thousand Dollars ($250,000.00) (the"Purchase Price"). 3. PAYMENT OF DEPOSIT/PURCHASE PRICE. 3(a) Purchaser has delivered, and Seller hereby acknowledges receipt of the sum of Twelve Thousand Five Hundred Dollars ($12,500.00) as a good-faith deposit(the "Deposit") for the purchase of the Property. The Deposit shall be held in accordance with this Contract and as more particularly set forth in this Subparagraph 3(a). Five Thousand Dollars ($5,000.00) of the Deposit(the "Primary Deposit") shall be non-refundable to the Purchaser upon nonappealable and final acceptance by Seller of Purchaser's bid to purchase the Property and the execution of this Contract. Seven Thousand Five Hundred Dollars ($7,500.00) of the Deposit(the "Secondary Deposit") shall be refundable to the Purchaser(i)until the expiration of the Due Diligence Period(as defined herein), and(ii) as otherwise expressly stated in this Contract. Seller shall be obligated to immediately return the Secondary Deposit to Purchaser upon the unilateral instructions of Purchaser following notice of Purchaser's termination of this Contract pursuant to Paragraph 5 below. References in the Contract to the Deposit means the amount paid to date as provided in this Contract. RLH 115845\Dunn City Property_148\Raw(CFL) 11-8-24\46700714v7 3(b) The entire Purchase Price shall be payable by Purchaser in cash or by certified or bank cashier's check or wire transfer of funds on the Closing Date (as hereinafter defined). The Deposit shall be applied against the Purchase Price at Closing. 4. SUBDIVISION OF PROPERTY. 4(a) The Property is zoned R-20. Promptly after the Effective Date,Purchaser shall submit all necessary documents to cause the Property to be rezoned to R-7 and, if applicable, annexed into the City (collectively "Rezoning")to obtain final Rezoning beyond all appeal periods ("Rezoning Approval"). Thereafter, Purchaser shall use commercially reasonable efforts to submit all necessary documents, including the necessary site plans and subdivision construction plans (collectively, "Subdivision Plans"),required to obtain final,non- appealable approval for the development of the Property ("Final Approval"). For purposes of this Contract, Final Approval means that the Subdivision Plans have been fully approved, beyond all appeal periods for the development of approved residential building lots, and any off- site improvements necessary to develop the Property ("Purchaser's Intended Use"), and the Property is Ready for Development including water and sewer approval and all necessary municipal, state and federal permits to begin construction activity. For purposes of this Contract, the Property shall be deemed to be "Ready for Development" after Final Approval has been obtained, and development of the Property can commence and be completed, subject only to the following actions: (i)posting the required bonds and escrows and paying all fees relating to the governmental approval and recordation of the subdivision final plat, (ii)preparation, governmental approval, and recordation of the subdivision final plat, and (iii) conveying to any homeowners' association, if applicable, any open space as reflected on the final approved subdivision record plat. Seller, in its capacity as the seller of real property and not in its capacity as the governing body of the City of Dunn agrees to execute any and all documents reasonably necessary to effect the subdivision approval process for Rezoning Approval and Final Approval. Purchaser acknowledges that nothing contained in this Contract shall be construed to require the Seller in its capacity as the governing body of the City of Dunn to grant the Rezoning Approval, Subdivision Plans, allocation of water and sewer or any other governmental action regarding Purchaser's Intended Use. Such applications shall be reviewed and considered by the City of Dunn in the normal course of business in the same manner as all other applications similarly situated. 4(b) If Final Approval does not allow for the development of at least ten(10) single family attached/detached dwelling units (each dwelling unit being an"Approved Residential Lot")within ninety (90) days after the expiration of the Due Diligence Period,then Purchaser may terminate this Contract by written notice to Seller, in which event the Secondary Deposit shall be returned to Purchaser and the parties shall have no further rights or obligations hereunder. 5. DUE DILIGENCE PERIOD; ENTRY ONTO PROPERTY; SELLER DELIVERIES. 5(a) Purchaser shall have a period of ninety (90) days commencing on the 2 RLH 115845\Dunn City Property_148\Raw(CFL) 11-8-24\46700714v7 Effective Date (the"Due Diligence Period")to determine whether the Property is suitable and satisfactory to Purchaser, all in the Purchaser's sole and absolute discretion. If Purchaser determines that the Property is not suitable or satisfactory to Purchaser, Purchaser may terminate this Contract by delivery of written notice thereof to Seller on or before the expiration of the Due Diligence Period,thereupon the Secondary Deposit shall be returned to Purchaser and the parties shall have no further rights or obligations hereunder. 5(b) Commencing on the Effective Date and for the entire term of this Contract, Purchaser, at its sole cost and expense, shall have complete access to the Property for the purpose of conducting such soil borings, soil analyses, engineering tests and studies, environmental tests and studies, economic and/or topographic tests, studies, and/or investigations with respect to the Property as Purchaser may deem necessary in order to determine whether the Property is suitable and satisfactory to Purchaser. Should Purchaser fail to close on the Property, and Seller provides written notice to Purchaser within thirty (30) days after this Contract is terminated,Purchaser shall repair any damage to the Property caused in connection with such tests and studies,within no more than sixty (60) days after said notification by Seller to Purchaser. Purchaser shall maintain, in full force and effect, liability insurance covering damage to property and persons resulting from or connected with Purchaser's activity on the Property as shown on the Certificate of Insurance attached hereto as Exhibit"C"hereto. 5(c) Within five (5)business days of the Effective Date, Seller agrees to deliver to Purchaser, at no cost or expense to Purchaser, copies of all title reports, environmental, soil and other tests and studies, and copies of all surveys (including, but not limited to the Survey for Town of Dunn—Shamrock Denning Tract identified in Paragraph 9 of this Contract, engineering and other plans and plats relating to the Property that are in Seller's control or possession. 6. CLOSING. 6(a) Provided that all of the conditions precedent to Purchaser's obligations to close hereunder have been satisfied, or waived by Purchaser by written notice to Seller,pursuant to Paragraph 12 of this Contract,then closing on the Property must occur within ten(10) business days after all of the conditions precedent to Purchaser's obligations to close hereunder have been satisfied(or waived by Purchaser by written notice to Seller of same)pursuant to Paragraph 12 of this Contract(the "Closing" or"Closing Date"). Closing will be conducted through the offices of NVR Settlement Services, 3701 Pender Drive, Suite 300,Fairfax, VA 22030,Attention: Dy Welch, or other closing attorney or settlement agent selected by Purchaser and may be conducted by overnight mail or electronically. 6(b) Performance of the terms of this Contract shall be considered good and sufficient upon receipt by the settlement agent conducting Closing of the cash required at Closing,the deed, and such other papers as are required to consummate Closing hereunder. 6(c) Seller agrees to execute a special warranty deed, with covenant of further assurance and right to convey, containing the covenants of title customary for the State of North Carolina, in proper form for recording in the County (the"Deed"). 3 RLH_115845\Dunn City Property_148\Raw(CFL) 11-8-24\46700714v7 6(d) At Closing, Seller shall deliver to Purchaser a"Certification of Non- Foreign Status"which meets the requirements of Section 1445 of the Internal Revenue Code and Internal Revenue Regulations for the purpose of informing the transferee that withholding of Federal taxes is not required. 6(e) Possession of the Property shall be given to Purchaser or its agents and assigns at the time of settlement, free from any parties in possession. 7. ADJUSTMENTS AT CLOSING. Real estate taxes, general and special, and usual water and sewer charges are to be adjusted to the date of settlement and thereafter assumed and paid for by Purchaser. At Closing, Purchaser shall pay,when and if due, any impact fees imposed by the governmental authorities on development of the Property. Seller shall pay, when and if due, any agricultural recapture tax or any similar tax imposed on the Property,whether imposed prior to or subsequent to Closing. S. CLOSING COSTS. Examination of title, owner's and mortgagee's title insurance, Survey (as hereinafter defined) (if Purchaser elects to have a Survey prepared),tax certificates,preparation of the deed,notary fees, and recording charges are to be at the cost of Purchaser;provided,however,that if Seller breaches its obligations under Subparagraph 9(c), Seller shall (in addition to its other default obligations under Paragraph 14)pay or reimburse Purchaser for all reasonable title and survey costs actually incurred by Purchaser. Seller shall pay the cost of obtaining releases of all monetary liens encumbering the Property. All documentary stamps and recordation and transfer taxes shall be paid by Seller. Each party shall pay for the cost of their respective legal counsel. 9. TITLE 9(a) At Closing, Seller will convey to Purchaser good and marketable and insurable fee simple title to the Property. For the purposes of this Contract, "good and marketable and insurable fee simple title"shall mean fee simple ownership, free of all liens, encumbrances, judgments, covenants, restrictions, easements and rights of way,recorded or unrecorded; subject, however,to those matters (if any) affecting title to the Property which are set forth in the Title Commitment referred to below and accepted by Purchaser in accordance with Subparagraph 9(b) (the"Permitted Exceptions"). Such title shall also be insurable by a recognized and reputable title insurance company selected by Purchaser which is licensed to do business in the State of North Carolina, at then-current standard rates under the standard faun of ALTA owner's policy of title insurance in effect on the Closing Date, and without exception other than for the Permitted Exceptions. Notwithstanding anything herein to the contrary, if the Seller, in its capacity as the governing body of the City of Dunn has utility easements (water, sewer, stormwater or otherwise) located on the Property for which there is not a recorded easement, Seller may retain such easements in conveyance of the Property to the Purchaser and they shall be deemed to constitute Permitted Exceptions For purposes of this Contract,the Sanitary Sewer Easement shown on that plat entitled, "Survey for Town of Dunn—Shamrock Denning Tract" dated December 2, 2004 by Joyner Piedmont Surveying,recorded in Map Book 2004,Page 1244, Harnett County Registry (the "Sanitary Sewer Easement"), shall constitute a Permitted 4 RLH_115845\Dunn City Property_148\Raw(CFL) 11-8-24\46700714v7 Exception. If an existing recorded easement for the Sanitary Sewer Easement is not of record with the Harnett County Registry,Purchaser shall cause the same to be surveyed and Seller shall use such legal description for retaining the Sanitary Sewer Easement in the Deed. If Purchaser or Seller identifies any other utility easements on the Property, Seller shall be responsible for surveying the same, at Seller's expense, and such easements shall be retained by Seller in the Deed. 9(b) Purchaser shall, at its own expense, order a report of title or a standard ALTA form B commitment for owner's title insurance for the Property (either being referred to herein as the "Title Commitment"). If Purchaser, in its sole discretion, finds that any of the exceptions to title set forth in the Title Commitment would interfere with its contemplated development of the Property ("Objectionable Exceptions"), Purchaser shall, no later than ten (10)business days prior to expiration of the Due Diligence Period, give written notice to Seller setting forth the Objectionable Exceptions. If Purchaser fails to give notice of Objectionable Exceptions,Purchaser shall be deemed to have accepted all title exceptions which are reported in the Title Commitment; if Purchaser does give such notice, Purchaser shall be deemed to have accepted all title exceptions reported in the Title Commitment other than the Objectionable Exceptions expressly set forth in the notice. After receipt of notice of Objectionable Exceptions, Seller, in its sole discretion, shall have the option to cure or not to cure any of the Objectionable Exceptions. Within ten(10)business days after receipt of notice of Objectionable Exceptions, Seller shall give Purchaser written notice whether it will or will not cure the Objectionable Exceptions. If Seller does not give Purchaser such notice within the ten(10)business day period,then Seller shall be deemed to have elected to cure the Objectionable Exceptions. If Seller elects to cure or is deemed to have elected to cure the Objectionable Exceptions,then Seller must promptly commence and diligently pursue good faith and reasonable efforts to cure the Objectionable Exceptions and the Closing date, if necessary, shall be extended for the period of time required to allow Seller to cure the Objectionable Exceptions. 9(c) Purchaser, at its sole option,may procure a Survey (as defined below),to reexamine title to the Property and give Seller written notice of any additional Objectionable Exceptions disclosed by such Survey and reexamination of title for matters appearing of record after the Purchaser's title objection letter sent to Seller pursuant to Section 9(b) above (the "Additional Objectionable Exceptions"). Any such notice shall be given to Seller in good faith and sufficiently prior to Closing to provide Seller a reasonable opportunity prior to Closing to satisfy all Additional Objectionable Exceptions. 9(d) If Seller does not succeed in curing the Objectionable Exceptions, despite its good faith and reasonable efforts, within one hundred eighty (180) days from receipt of the notice of the Objectionable Exceptions or by date of Closing with regard to Additional Objectionable Exceptions, or if Seller elects in the first instance not to cure any Objectionable Exceptions or any Additional Objectionable Exceptions, Purchaser shall have the option(i)to extend Closing to allow Seller to cure same, (ii)to purchase the Property subject to the Objectionable Exceptions and Additional Objectionable Exceptions not cured by Seller, or (iii) to teuiiinate this Contract. In the event of termination pursuant to this Subparagraph 9(d), the Secondary Deposit shall be promptly returned to Purchaser and thereafter the parties shall be relieved of further liability to one another. Notwithstanding the foregoing, (i) due and unpaid 5 RLH_115845\Dunn City Property_148\Raw(CFL) 11-8-24\46700714v7 taxes, any deeds of trust, mortgages,judgment liens, and other monetary liens against the Property shall be deemed Objectionable Exceptions,whether Purchaser gives written notice of such or not, and shall be removed by Seller at or before the time of Closing, and(ii) Purchaser shall have the right to terminate this Contract and receive a complete refund of the Secondary Deposit if any Survey discloses any matter which, in Purchaser's reasonable opinion, would interfere with Purchaser's Intended Use. The term"Survey" shall mean an ALTA/NSPS Land Title Survey of the Property prepared, at Purchaser's expense, by a registered State land surveyor designated by Purchaser. 9(e) Upon request by Purchaser, Seller shall, at no cost to Seller, execute such affidavits, certifications, and other instruments as are reasonably required by Purchaser's title insurance company for the elimination of any standard or printed exceptions in Purchaser's final policy of title insurance or to comply with tax reporting or disclosure requirements. 10. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and warrants to Purchaser as follows: 10(a) Seller is a North Carolina municipal corporation, duly organized and validly existing,under the laws of the State of North Carolina, and qualified to do business in the State of North Carolina, in good standing. 10(b) Seller has the full right,power and authority to enter into and carry out and perform this Contract,without obtaining any further approvals or consents. Seller is the owner of the Property in fee simple absolute, and has all right,power and authority to enter into this Contract. The entering into this Contract and consummation of this transaction by Seller will not violate any law or governmental regulation, order or decree to which Seller is subject or any agreement or other instrument to which Seller is a party or by which it is bound. 10(c) Seller has not made any commitments or representations to the applicable governmental authorities, any adjoining or surrounding property owners, any civic association, any utility, or any other person or entity which would in any manner be binding upon Purchaser, except as provided for in this Contract. 10(d) There are no leases,tenancies, licenses, or other rights of occupancy or use for any portion of the Property. 10(e) There is no threatened or pending annexation, condemnation or other judicial or administrative proceedings against or affecting any part of the Property. 10(f) Seller has no actual knowledge (i) of any "Hazardous Materials" (defined below) located on or within the Property; (ii)that the natural topography of the Property has been excavated or filled with rubble or otherwise; (iii)that the Property has previously been used for the storage, use, generation,treatment or disposal of Hazardous Materials; or (iv)that there are any underground fuel tanks located upon the Property. The term"Hazardous Materials"means any substance, material or waste that is defined or regulated as hazardous or toxic, or is a pollutant or contaminant,by or that gives rise to liability under, any Law, regulation,permit or 6 RLH 115845\Dunn City Property_148\Raw(CFL) 11-8-24\46700714v7 judicial, administrative or governmental order, including without limitation(A) asbestos, (B) oil petroleum products and their byproducts, (C)polychlorinated biphenyls ("PCBs"), and(D)urea formaldehyde. 10(g) There exists no violation of any law or governmental order or regulation or of any easement,restriction, condition or covenant of record affecting the Property. 10(h) Seller has no actual knowledge of a cemetery site on the Property. All of Seller's representations and warranties shall be repeated and true at and as of the Closing Date. Notwithstanding that certain Seller's representations and warranties contained in this Paragraph 10 may be limited to the extent of Seller's knowledge of the facts stated therein, a condition precedent to Purchaser's obligation to close hereunder shall not be so limited, and the satisfaction of said condition shall depend upon the actual correctness as of the time of closing and post-closing of the facts stated in all such representations and warranties. 11. COVENANTS OF SELLER. Seller covenants with Purchaser that from the Effective Date through the Closing Date: 11(a) Seller shall keep the Property in its present physical condition and shall not excavate the Property, except as may be required by governmental authorities or to deal with a bona fide emergency. Seller shall not commit any waste upon the Property or bring or allow to be brought onto the Property any Hazardous Materials. 11(b) Seller shall promptly advise Purchaser in writing of any matters coming to Seller's attention indicating the inaccuracy of any of Seller's representations or warranties set forth in this Contract and give to Purchaser copies of any notices which Seller receives from governmental authorities relating to the Property. 11(c) Seller, in its capacity as the seller of real property shall cooperate with Purchaser in obtaining any governmental approvals or permits necessary for the subdivision, development, sitework or other construction of the Property, including executing any and all documentation reasonably required to obtain such approvals or permits. This covenant shall be limited as set forth in Section 4(a). 11(d) After the Effective Date, Seller shall not voluntarily alter title to the Property or voluntarily seek any zoning changes or other governmental approvals with respect to the Property, except for the zoning changes and government approvals provided for in this Contract, without Purchaser's prior written approval. 11(e) Seller will, during the term of this Contract, keep any mortgage(s) against the Property current and not in default, and pay taxes, other public charges and/or assessments against the Property. Further, Seller shall at all times keep the Property free and clear of all liens, including, but not limited to mechanics' liens. 12. CONDITIONS TO PURCHASER'S OBLIGATION TO CLOSE: 7 RLH 115845\Dunn City Property_148\Raw(CFL) 11-8-24\46700714v7 12(a) The obligation of the Purchaser to purchase the Property and to perform under this Contract shall be subject to satisfaction of the following conditions: • 12(a)(i) The Property is Ready for Development(as more specifically defined in Paragraph 4 above). 12(a)(ii) Title to the Property shall be good of record and marketable and fully insurable by a title company at regular rates pursuant to Paragraph 9 above. 12(a)(iii) There is no evidence of hazardous or toxic waste on the Property at the time of Closing, and the Purchaser shall be able to obtain the issuance of a Phase I Environmental Report with regard to the Property acceptable to Purchaser in Purchaser's sole discretion. 12(a)(iv) The representations and warranties made by Seller in this Contract shall be true in all respects as of the Effective Date and as of the Closing Date, and Seller shall have performed all covenants and obligations and complied with all conditions required of Seller under this Contract. 12(b) In the event any of the conditions set forth in Subparagraph 12(a) are not satisfied as of the date of Closing, Purchaser shall have the right, in its sole discretion,to hold Seller in default(if any such failure is the result of Seller's breach) or, in all events,terminate this Contract by giving written notice to Seller. In the event Purchaser elects termination,the Secondary Deposit shall be promptly returned to Purchaser and thereupon the parties shall have no further rights or obligations hereunder. 13. PURCHASER'S DEFAULT. If Purchaser fails to tender Closing on the Property due to events within its control and Seller is ready,willing and able to perfotnit, or if Purchaser shall otherwise breach or default under any of the provisions of this Contract,then, provided Purchaser has received written notice from Seller specifying the nature of the breach or default and Purchaser fails to cure the specified breach or default within ten(10) days after receipt of the notice, Seller shall retain the Secondary Deposit paid to date to Seller as complete and liquidated damages and as Seller's sole remedy. Thereafter,this Contract shall automatically terminate and Purchaser and Seller shall be relieved of further liability hereunder, at law or equity. Seller expressly waives all rights of action against Purchaser for specific performance and any other equitable remedies or damages for any matter arising out of or relating to this Contract. Any attendance at Closing by either party shall not nullify this provision for payment of liquidated damages as Seller's sole remedy. 14. SELLER'S DEFAULT. In the event Seller shall fail to tender and complete Closing or otherwise fail to perfotiii any of its obligations hereunder, then, provided Seller has received written notice from Purchaser specifying the nature of the breach or default and Seller fails to cure the specified breach or default within ten(10) days after receipt of the notice, Purchaser shall have the right to seek specific performance of this Contract(including ancillary equitable relief) or may, in the alternative, elect to terminate this Contract, whereupon the Seller 8 RLH 115845\Dunn City Property_148\Raw(CFL) 11-8-24\46700714v7 shall immediately deliver to Purchaser a complete refund of the Secondary Deposit and thereupon the parties shall have no further rights or obligations hereunder. In the event that specific performance is not available to Purchaser as a remedy, Purchaser shall be entitled to any .and all remedies at law or in equity. 15. NOTICES OF VIOLATIONS. All notices of violations of laws,regulations, or requirements issued by legal authority affecting the Property shall be complied with(and applicable fines, if any,paid)by Seller, at its own expense,prior to Closing. All judicial or administrative proceedings brought on account of such violations shall be defended by Seller, and Purchaser indemnified and held harmless by Seller in regard to same. The Property shall be conveyed free of any such violations. 16. RISK OF LOSS. Until execution and delivery of the deed at Closing,the risk of loss or damage to the Property by fire or other casualty is assumed by Seller. 17. CONDEMNATION. If, at or prior to the time of Closing, any portion of the Property shall be condemned or taken pursuant to any governmental or other power of eminent domain, any written notice of taking or condemnation is issued, or any proceedings are instituted by any governmental authority having the power of eminent domain, and any such condemnation or taking has an adverse effect upon Purchaser's intended development of the Property, as reasonably determined by Purchaser,the Purchaser shall have the right to terminate this Contract by giving Seller written notice to that effect within fifteen(15) days after receiving written notice from Seller advising of the condemnation or taking. In that event,the Secondary Deposit shall be promptly returned to Purchaser and thereafter both Seller and Purchaser shall be relieved of further liability under this Contract, at law or in equity. In the event of condemnation, if Purchaser is entitled to terminate this Contract but elects not to do so or if Purchaser is not entitled to terminate this Contract, Purchaser shall proceed to settlement with an equitable reduction in the Purchase Price equal to the condemnation award paid to Seller. If Purchaser shall proceed to Closing and the portion of the Property to be condemned has not yet been taken and paid for by the condemning authority by the time of Closing then there shall be no abatement in the Purchase Price and Seller shall assign to Purchaser at the time of settlement of all Seller's right to any unpaid condemnation awards, and Seller shall convey the entire Property to Purchaser. Purchaser shall be entitled to participate jointly with Seller in all negotiations with the concerning authority and any settlement of any pending or threatened condemnation proceedings shall be subject to Purchaser's approval, such approval not to be unreasonably withheld, conditioned, or delayed. If Seller has knowledge of any pending or threatened condemnation proceedings or actions, Seller will promptly advise Purchaser in writing. 18. BROKERAGE. Seller and Purchaser warrant to each other that they have not dealt with any real estate broker, agent or finder in connection with this transaction and that no right to or claim for commission or other compensation has been created by their actions with respect to this Contract. Seller and Purchaser agree to indemnify and hold each other harmless from any and all liability, loss or damage, including reasonable attorneys' fees and related costs arising out of, or resulting from, any and all brokerage claims arising from this Contract. 19. ASSIGNMENT. Purchaser shall have the right to assign this Contract without 9 RLH 115845\Dunn City Property_148\Raw(CFL) 11-8-24\46700714v7 Seller's consent and/or at its election to designate an alternative grantee to take title from Seller at Closing. 20. MISCELLANEOUS. 20(a) Purchaser reserves the right to waive any of the terms and conditions of this Contract for its benefit, including,without limitation, conditions precedent to Closing, title, and warranty provisions, and to purchase the Property in accordance with the terms and conditions of this Contract which have not been so waived. Any and all such waiver(s)must be in writing signed by Purchaser. 20(b) All notices and other communications hereunder shall be in writing,and be deemed to have been received(i)immediately upon personal delivery, (ii) electronic mail at the electronic mail address listed below;provided however, any notice by electronic mail shall require an active confirmed"receipt"by the recipient(i.e. a person must respond that they received the notice),however, an active confirmed receipt will not be required for notice by Purchaser to terminate this Contract prior to the expiration of the Due Diligence Period, (iii) one(1)business day after being sent by confirmed overnight mail, or(iv)three (3) days after mailing,if mailed by certified mail,return receipt requested,postage prepaid: If to Purchaser: If to Seller: NVR,INC. City of Dunn 10720 Sikes Place, Suite 300 401 W. Broad Street Charlotte,NC 28277 Dunn,NC 28334 Attn.: David Greminger Attn: Steven Neuschafer Email: DGreming@nvrinc.com Email: sneuschafer@dunn-nc.org NVR,INC. 5734 Trinity Road, Suite 200 City of Dunn Raleigh,NC 27607 401 W. Broad Street Attn: Brad Messenger, G. Louis Baker, III, and Dunn,NC 28334 Joe Schmidtke Attn: Billy Godwin Email: Bmessenger@nvrinc.com; Email: bgodwin@dunn-nc.org gbaker@nvrinc.com; JSchmidt@nvrinc.com with a copy,by email only,to: with a copy,by email only,to: Pope Law Group,P.A. SHULMAN ROGERS,P.A. 403 W.Broad Street 12505 Park Potomac, Sixth Floor Dunn,NC 28334 Potomac,MD 20854 Attn: P. Tilghman Pope Attn: Lawrence M. Kramer and Sean P. Sherman Email: tilghman@plgpa.com Email:NVR@shulmanrogers.com The parties shall be responsible for notifying each other of any change of address, email 10 RLH 115845\Dunn City Property_148\Raw(CFL) 11-8-24\46700714v7 or facsimile number. 20(c) This Contract contains the entire agreement between the parties regarding the subject matter of this Contract. There are no promises, agreements, conditions, undertakings, warranties or representations, oral or written, express or implied, between them,relating to this subject matter, other than as herein set forth. This Contract may not be modified orally or in any other manner than by an agreement in writing signed by all the parties or their respective successors in interest. This Contract may be executed in several counterparts, each of which shall be an original,but all of which shall constitute one and the same instrument. The Recitals set forth on page one are incorporated in and made a part of this Contract. Titles to Paragraphs and Subparagraphs are for convenience only, and are not intended to limit or expand the covenants and obligations expressed thereunder. The temis of this Contract are mutually agreed to be clear and unambiguous, shall be considered the workmanship of all the parties and shall not be construed against the drafting party. 20(d) The terms and provisions of this Contract shall survive Closing and execution and delivery of the Deed for a period of six (6)months. 20(e) If any terms, covenants or condition of this Contract or its application to any person or circumstances shall be invalid or unenforceable,the remainder of this Contract, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected, unless the result would frustrate the purpose of this Contract. 20(f) All questions with respect to the construction of this Contract, shall be determined in accordance with the laws of the jurisdiction in which the Property is located, without regard to conflict of law rules. Time is hereby declared to be of the essence in the performance of each of Seller's obligations hereunder. 20(g) If any date upon which action is required under this Contract shall be a • Saturday, Sunday or legal holiday,the date for such action shall be extended to the first regular business day after such date which is not a Saturday, Sunday or legal holiday. 20(h) In the event of any dispute or controversy arising out of or relating to this Contract or the parties' compliance therewith, it is agreed that the exclusive forum for determination of any and all such disputes or controversies shall be the appropriate trial court for the jurisdiction in which the Property is located. 20(i) Intentionally Omitted. 20(j) All of the covenants, conditions and obligations contained in this Contract shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors and assigns of Seller and Purchaser. Upon any assignment of this Contract by Purchaser, and that assignee's express assumption of Purchaser's obligations under this Contract the term"Purchaser" shall mean and refer to the assignee only and the assignor Purchaser shall be released from any further obligation under this Contract,unless and until (i) Purchaser resumes its status as contract purchaser under the tettus of such assignment, or(ii)the 11 RLH_115845\Dunn City Property_148\Raw(CFL) 11-8-24\46700714v7 assignment otherwise becomes null and void pursuant to its terms; in either such event Purchaser shall resume its status as the sole Purchaser, assignment notwithstanding. During the pendency of any such assignment,this Contract may only be permissibly and enforceably amended with the written consent of NVR,Inc. (as Purchaser), including, but not limited to, any terms regarding required notice. Any such attempted amendments without NVR,Inc.'s written consent shall be null and void. 20(k) The relationship of Seller and Purchaser hereunder is and will be that of seller and buyer, and none of the provisions of this Contract are intended to create any relationship other than seller and buyer. No agency,partnership,joint venture or other relationship is intended hereby, and neither party shall be deemed the agent, servant, employee, partner or joint venturer of the other party. Seller and Purchaser shall not, in any way or for any reason be deemed to have become a partner of the other in the conduct of its business or otherwise, or a joint venturer. In addition,by virtue of this Contract,there shall not be deemed to have occurred a merger or any joint enterprise between Seller and Purchaser. 21. RULE AGAINST PERPETUITIES. Solely for purposes of avoiding the rule against perpetuities, and not to modify any provision of this Contract, Closing shall take place no later than twenty one (21)years from the Effective Date. 22. FORCE MAJEURE. 22(a) If either party hereto shall be delayed, hindered, adversely affected or prevented from the performance of any act required hereunder by reason of labor disputes of any kind, inability to procure materials or unusual delay in deliveries, delays or actions caused by government moratoriums, war, acts of terrorism, civil commotion or other casualty, damage caused by fire, earthquake, flood,hurricane or severe weather, disruptions resulting from a health crisis, such as an epidemic or pandemic, any folin of act of God, or any other events of a similar nature not the fault of the party delayed in performing work or doing acts required under the terms of this Contract,whether or not the underlying event is foreseeable at the time of execution of this Contract,then performance of such act shall be excused for the period of the delay, and thereafter the period for the performance of any such act shall be extended for the a period equivalent to the period of such delay. 22(b) The parties agree that Purchaser's essential purpose in entering this Contract is to acquire the Property Ready for Development and entitled to be sold with improvements to third party buyers. In the event Purchaser's ability to assign the Contract to a third party developer or pursue entitlements (if Purchaser's obligation hereunder) is delayed, hindered or prevented due to the events specified in subsection(a) above,whether or not the underlying event is foreseeable at the time of execution of this Contract, all Purchaser obligations under the terms of this Contract shall be excused for the period of the delay, and • thereafter the period for the performance of any such act shall be extended a period equivalent to the period of such delay. Beginning with the expiration of the extension period in either subsection(a) or(b) above, if the required performance remains unperformed or assignment remains unavailable, 12 RLH 115845\Diinn City Property_148\Raw(CFL) 11-8-24\46700714v7 Purchaser may either waive the foregoing in writing, or Purchaser may at its option either continue to wait for the perfoitnance or declare this Contract null and void and in such event the Secondary Deposit shall be returned to Purchaser within ten(10) days and there shall be no further liability on the part of either party to the other. 23. EFFECTIVE DATE. This Contract shall become effective on the date last signed("Effective Date"). In addition, this Contract and any waivers or modifications hereto will only be effective if signed by the Vice President of Operations of Purchaser or its designee, and at least two (2) other officers of Purchaser. [SIGNATURES BEGIN ON FOLLOWING PAGE] 13 RLH 115845\Dunn City Property_148\Raw(CFL) 11-8-24\46700714v7 The parties have signed, sealed and delivered this Contract as of the dates written below each signature. SELLER: THE CITY Oi ►. B 4I y• Name: OrO 'a= Title: , . ' Date: 13 V Z 2_4 PURCHASER: NVR, INC., a Virginia corporation By: Name: David Greminger Title: Vice President of Operations Date: By: Name: Brad Messenger Title: Vice President/Regional Manager Date: By: Name: G. Louis Baker, III Title: Vice President of Regional Land Operations Date: By: Name: Joe Schmidtke Title: Vice President/Division Manager Date: 14 RLH_115845\Dunn City Property_148\Raw(CFL) 11-8-24\46700714v7 EXHIBIT"A" PROPERTY DESCRIPTION 15 RLH_115845\Dunn City Property_148\Raw(CFL) 11-8-24\46700714v7 EXHIBIT"B" PURCHASER'S CERTIFICATE OF INSURANCE s , ACCPRI, . • CERTIFICATE OF LIABILITY INSURANCE th-t-Egitittf,tetyy- . 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I2-ftil THE *F174A71ON PATE T-kIMECiF,," NOME'rAIM,_ ME peu4rroa, in FirLitm,VA 4IN AcOSAAANCEIVINI'ME POLCYFIIOVIStONS, ALifiliktiEbtr.. .'4114111V9. 1 •We a MD4848 Aqt44.1)ChaliPORMION,An!rights ra4stved. Atbatl,25.(2,6146tan TanACOND name and la•go arp raillatiiiad niarkiat Alt01110 • • 16 RLH_115845\Dunn City Property_148\Raw(CFL) 11-8-24\46700714v7 ATTACH#6 12 4 yy NORTH CAROLINA BUILDING INSPECTION SERVICES AGREEMENT AMENDMENT#1 COUNTY OF HARNETT THIS BUILDING INSPECTION SERVICES AGREEMENT AMENDMENT #1 ("Amendment#1") is made and entered into with an effective date of November 1, 2024 by and between the COUNTY OF HARNETT,a body politic and corporate of the State of North Carolina (hereinafter referred to as "Harnett"), and CITY OF DUNN, a municipal corporation, organized and existing under the laws of the State of North Carolina., (hereinafter referred to as"City"). WHEREAS, Harnett and City entered into an Agreement on June 1, 2022 (hereinafter referred to as the "Agreement")where HARNETT is to provide Building Inspection Services for the City; and WHEREAS, the City desires to take over building inspection services within its jurisdiction; and 99 i1 WHEREAS, the Parties desire to terminate the Agreement to effectuate an orderly transition of services from Harnett to the City. NOW, THEREFORE, in consideration of the mutual benefits, representations, and agreements contained herein and for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Section 3. Services Provided by Inspections Department. The following paragraph shall be added to the end of the Section: Harnett shall cease reviewing plans for all new building projects and performing building inspections for building projects within the City's jurisdiction. as of the start of business on November 18, 2024. The City shall be responsible for reviewing all plans and conducting code enforcement inspections on all new building projects and existing building projects as of November 18,2024. Notwithstanding the forgoing, Harnett shall continue to conduct inspections for building projects that require Building Level II or Building Level III Code Enforcement inspections where Harnett has started the inspection process as of the close of business on November 15, 2024. Harnett will complete all inspections through the issuance of a Certificate of Occupancy on all such identified building projects. 1 2. Section 6. Term of the Agreement, Amendment and Termination. The following paragraph shall be added to the end of the Section: Notwithstanding the foregoing, the Term of the Agreement shall be extended until Harnett has completed all outstanding inspections on building projects that require Building Level II or Building Level III Code Enforcement inspections that have been commenced by Harnett. The Agreement shall terminate upon completion of all outstanding inspections,unless terminated earlier in writing. 3. All other terms of the Agreement not expressly amended by this Amendment#1 will remain unchanged and in effect. IN WITNESS WHEREOF,the parties hereto,through their duly authorized representatives or officers have executed this Amendment#1 as to the date and year first above written. CITY O DUNN B /'' - William P. Elmore Jr.,May v1 Date: I 12. 2®Z COUNTY OF HARNETT: By: William Morris, Chairman Date: This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Z/ Cary allan, Dunn Finance Director Kimberly Honeycutt,Harnett County Finance Officer 2 - f a i STATE OF NORTH CAROLINA • BUILDING INSPECTION SERVICES AGREEMENT COUNTY OF HARNETT This Agreement is made and entered into as of this the 1st day of June 2022 by and between the County of Harnett,a body politic, organized and existing under the laws of the State of North Carolina (hereinafter referred to as "Harnett") and the City of Dunn, a,municipal corporation, • organized and existing under the laws of the State of North Carolina (hereinafter referred to as "City"). WITNESSETH: WHEREAS,the Governing Bodies hereby find and declare that interlocal cooperation for building inspection services is a necessity in that such cooperation allows for increased uniformity in the enforcement of the North Carolina State Building Code, development of consistent goals 1 and objectives,more efficient coordination,.administration and delivery of inspection services;and that as a result the public health, safety, and welfare will be better served by the implementation of this Agreement. NOW THEREFORE, for and in consideration of sums to be paid as provided herein and the performance of the terms and conditions contained in this Agreement,the sufficiency of which is hereby acknowledged by both parties,said parties hereto agree as follows: Section 1. Purpose. The purpose of this Agreement is to provide cooperation for building inspection services and to provide for the administration necessary to effectuate that endeavor. Section 2. Definitions. The words defined in this section shall have the following meanings when used in this Agreement,unless otherwise defined or explained hereafter: A. "Applicable Codes" means the following portions of the N.C. State Building Code: Building,Accessibility,Plumbing,Mechanical,Electrical,Fuel Gas,Energy,Existing Buildings, and Residential Codes, and the North Carolina Administration and Enforcement Requirements Code. "Applicable Codes" do not include the Fire Prevention Code; local residential housing codes; and/or minimum housing codes; or general periodic inspections for purposes of condemnation of residential and non- residential structures. B. "County"shall mean the County of Harnett. C. "Inspections Department" means Harnett County Inspections Department. The Inspections Department shall employ or contract with building inspectors certified by • • j the State of North Carolina in the trades of Plumbing, Mechanical, Electrical, and General Building. D. "Building Inspection Services" includes review of building plans, issuing or denying permits, making necessary inspections including issuing or denying certificates of compliance, issuing orders to correct violations, and ensuring that inspection results records are kept, all according to the Applicable Codes and North Carolina General Statutes. E. "North Carolina State Building Code"means the current edition of the North Carolina the North Carolina Building Codes, as adopted by Code Council (which includes, by reference, the North Carolina Building, Accessibility, Plumbing, Mechanical,Electrical,Fuel Gas,Energy,Existing Buildings, and Residential Codes, and the North Carolina Administration and Enforcement Requirements Code). F. "City"shall mean the City of Dunn. Section 3. Services Provided by Inspections Department. The Inspections Department shall provide to City, Building Inspection Services for Applicable Codes in the territorial boundaries of the City. The Inspections Department shall provide such management, planning, regulatory, and administrative and support services as are reasonably necessary to provide Building Inspection Services. Section 4. p Payment. P Compensation and Compensation for Building Inspections Services as provided pursuant to this Agreement shall be Seven Thousand Five Hundred Dollars ($7,500.00)per month,paid by City to County no later than the fifth day of the month in which inspection services are to be provided. All documentation and fees for Building Inspection P Services shall be collected by City. Section 5. Legal Representation and Liability. The City Attorney shall provide legal support and representation for City for all enforcement actions taken by the Inspections Department on behalf of City on issues arising from enforcement actions taken within and on behalf of City's jurisdiction by the Inspections Department. To the fullest extent allowable by North Carolina law, County shall have no liability regarding such enforcement actions and City shall hold County harmless for any and all claims, liabilities, losses, damages, costs, or expenses arising out of,or relating to the provision of services provided by County to City hereunder,except for those acts caused by the sole negligence of County. City and County waive special,incidental, indirect, or consequential damages, including lost profits, good will, revenues or savings, for claims, disputes or other matters in question arising out of or relating to this Agreement. This limitation of liability will survive the expiration or termination of this Agreement. Section 6. Term of Agreement, Amendment and Termination. The term of this Agreement shall commence on June 1,2022 and shall run month to month. This Agreement may be amended from time to time upon the mutual,consent of City and County expressed in writing. Either party may terminate this Agreement for any reason upon thirty(30) days written notice to 2 the other party. Termination shall not relieve City of financial obligations incurred prior to termination. Section 7. Documents and Records. City is the owner and custodian of all records pertaining to City inspections. City shall furnish or cause to be furnished to Inspections Department all such reports, data, studies,plans, specifications, documents, or other information deemed necessary by Inspections Department for proper performance of County's services. County may rely upon the documents so provided in performing the services required under this. Agreement;provided however,County assumes no responsibility or liability for their accuracy. Section 8. No Third-Party Beneficiary. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either Party. Section 9. Severance Clause. In the event any provision of this Agreement is adjudged to be not enforceable or found invalid, such provision shall be stricken and the remaining provisions shall be valid and enforceable. Section 10. Entire Agreement. This Agreement represents the entire agreement between County and City and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument signed by County and City. Section 11. Notices. All notices or other communications,which shall be made pursuant hereto shall be in writing and shall be deemed to be given and received (a)when hand delivered to the address stated below, (b) three (3) days after being mailed to the address stated below, postage prepaid by certified or registered mail of the United States,return receipt requested to the address set forth below: TO: City of Dunn 401 E.Broad St. Dunn,NC 28334 Attn:City Manager With a Copy to: P.Tilghman Pope Pope Law Group,P.A. 403 W.Broad Street Dunn,North Carolina 28334 TO: County of Harnett 420 McKinney Parkway(physical) PO Box 65 (mail) • Lillington,North Carolina 27546 Attn:Development Services Director 3 With Copy to: County Staff Attorney 455 McKinney Parkway(physical) PO Box 238 (mailing) Lillington,North Carolina 27546 Either party to this Agreement may change its designated person or designated address at any time and from time to time by giving notice of such change to the other party in the manner set forth above. Section 12. Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of North Carolina. The North Carolina State Courts located in Harnett County,North Carolina shall have jurisdiction to hear any dispute under this Agreement and legal or equitable proceedings by either party must be filed in Harnett County,North Carolina. IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives or officers have executed this Agreement as to the date and year first above written. (The remainder of this page left blank intentionally) 4 , ~ COUNTY OF HARNETT By: Lf, ewis W.Weathe on, Chairman ATTEST: I Opp)) „,,,...3),..-„,..0,,,,. •...&,,,,,,_,,_ Meli sa Capps, Clerk i f q{ ,e.:;,N , —,:_,_:_424,,, 1 \ ‘..,,,,,?i, t„ f,,,,,v7,0,,, \: T.-- r-i y.,,,-4,--,,,,,q, / -. .7_------,--,,;,-.:ef:rt/c„.„.,A CITY OF DUNN gi,/ % ++{1111+ ,,, �,..+ ` DUn/,''/�By: , s. y .,. " i/ William P.Elmore,Jr.,M& :•Gam:• " o,TE�' 1. •• n O ATTEST: o t-- I • 1:',. %.. .•••4),= .) ,., . ••,,, A,•_......• ,...v,„, Tammy` illiams,C k This instrument has been pre-audited in the manner required by the Local Government Budget&Fiscal Control Act. 440.04,D-Ri 1, i ( Jill Ro efts, -unn Fin nce irector r I Kimber y Honeyc amett Co fi CFO • L 5 • i STATE OF NORTH CAROLINA COUNTY OF HARNETT I, Ja.trn C ,a Notary Public,of the County and State aforesaid,certify that Lewis W.Weatherspoon,Who being by me duly sworn,says that he is Chairman of the Board of Commissioners of Harnett County,and that Melissa Capps is Clerk of said Board,that the seal affixed to the foregoing and attested instrument is the seal of Harnett County,North Carolina,and that said instrument was signed by him as Chairman of the Board of Commissioners of said County and by the Clerk of said Board,who affixed the official seal of Harnett County to said instrument; and that the said Lewis W. Weatherspoon, Chairman of the Board of Commissioners, acknowledged said instrument to be the act and deed of Harnett County,North Carolina. Witness my hand and.Notarial Seal,this the• 1,944` day of JtAtne_, ,2022. GBEL ...... �t i1' -: N•4 ‘1 .-(2..e Pak. Ti Q'• • •. G 'v otary Public . .. \\a onric,C .. C0v `.•• Notary Public Printed Name My Commission Expires: a.at• aD ale 17 t1 l j{ 6 3 3#f NORTH CAROLINA • COUNTY OF HARNETT I, Lome , Ornja , a Notary Public of the County and State aforesaid, certify William P. Elmore, Jr. isonall came before me this day and acknowledged that he is Mayor of l� Y the City of Dunn, a municipal corporation, and that by authority duly given and as the act of the corporation,the foregoing instrument was signed in its name by its Mayor,sealed with its corporate 4, seal and attested by Tammy Williams as its City Clerk. 29, Witness myhand and official stamp or seal,this a I day of Tune ,2019 V.tOp‘ Notary Public-Ann('e - --einioah =' Notary Public Printed Name n Expires: O /o(pMy Commrssro p C i % 4A4 I sP Vs. a v � , p £1 �` PUB \0 %441%tr C70-0.t\S 7 ATTACH#7 11-12-24 PROJECT: EMA-2022-BR-001-0045 CFDA: 97.047 NORTH CAROLINA BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES GRANT AGREEMENT 4 M THIS BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES (BRIC) PLANNING AGREEMENT (the Agreement) is entered into by and between the State of North Carolina,Department of Public Safety referred to as the"AGENCY/,GRANTEE"), and the City of Dunn,North Carolina(hereinafter referred to as the "RECIPIENT! SUBGRANTEE"). 4 WHEREAS, Congress authorized financial assistance to,,States and communities for pre- disaster mitigation activities; and > , WHEREAS,the Federal Emergency Manageme, ency recognizes a need to provide States and communities with much needed source of pr ' n funding for cost- effective hazard mitigation activities that are part of a c' �� and that reduce injuries, loss of life, and damageland Best" _. 1 �� �k \ , $ 7 1\ a le. WHEREAS,the Department of Homeland Se' - Management Agency issued the Notice of Funding C Building Resilient Infrastructure and;Communities t t t ill, US territories, eligible Indian Tribal governments,{i' di-1 ,I mitigation activities; and i >ft- WHEREAS,the North Carolina Emergen( j j ot. se . N.0 G.S. 166A-l9 41 b 2 a 3..N.C.G.S. f0,4" �� and 5165,. respectively, of the Robert Stafford , , 42 U.S.C. §5121 et seq.,as amended,and the D' 1 Igftl."74-) et. seq.,the Disaster Recovery Reform Act of �j Insurance Progra,,,42 U.S.C. 4011 et. seq. aut�i�.,�__ i 1 l g, V 1 WHEREAS,`the RECIPIENT/SUBGRANTEE represents that it is lu,. possesses the requisite skills,knowledge, qualifications and experience to provide the sery i.,;,s identified herein, and does agree to perform as described herein; NOW, THEREFORE,the AGENCY/GRANTEE and the RECIPIENT/ SUBGRANTEE do mutually agree as follows: Building Resilient Infrastructure and - Page 1 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement (1) SCOPE OF WORK The RECIPIENT/SUBGRANTEE shall fully perform the approved Fiscal Year 2022 Building Resilient Infrastructure and Communities Project, as described in the approved FEMA application as described in Attachment A, in accordance with the scope of work in the approved FEMA application,the estimate of costs indicated in the approved FEMA application,the applicable BRIC Notice of Funding Opportunity (NOFO), attached and incorporated'by reference herein, and the terms and conditions of this Agreement. RECIPIENT/SUBGRANTEE shall not deviate from the approved scope of work andtlie terms and conditions of this Agreement. RECIPIENT/SUBGRANTEE shall (imply With any and all applicable codes and standards in performing work funded under this Agreement and shall provide any appropriate maintenance and security for the project. The project costs were estimated by the RECIPIENT/SUBGRANTEE:in the approved FEMA application. The final project costs will be determined according to the policies and procedures in the applicable Notice,of Funding Opportunity (NOFO) for the Building Resilient Infrastructure and:Communities program and the North Carolina Division of Emergency Management Standard Operating Procedure. If final Phase 1 project costs exceed the Total Estimated Phase 1 Project Cost, these additional costs will be the responsibility of the RECIPIENT/ SUBGRANTEE and will only increase the Non-Federal Share. (2) FUNDING AND INSURANCE The AGENCY/GRANTEE shall provide Fiscal Year 2022 Building Resilient Infrastructure and Communities Program Funds for costs incurred in performing the Planning Project identified in the approved FEMA application as identified in Attachment A as``follows.:_. A. "Building Resilient Infrastructure and Communities Grant 'Program Total Costs Total Estimated Phase 1 Project Cost: $1,099,800.00 • B: ''Funding Sources 1:' Approved Federal Share for EMA-2022-BR-001-0045 $769,860.00 2. Estimated Non-Federal Share for EMA-2022-BR-001-0045 $329,940.00 3. Subrecipient Management Costs (Federal) $54,990.00 TOTAL FOR: EMA-2022-BR-001-0045 Phase 1 S1,154,790.00 Y Y Federal project funds not used in Phase 1 are eligible to be rolled over and used in Phase 2. Building Resilient Infrastructure and Page 2 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement Allowable costs shall be determined in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §5121 et seq.,as amended, and the Disaster Mitigation Act of 2000,42 U.S.C. 5131 et. seq.; the Disaster Recovery Reform Act of 2018 (DRAA), et. seq; the National Flood Insurance Program, 42 U.S.C. 4011 et. seq.; 2 C.F.R. Part 200; OMB Circular A- 87 if applicable,N.C.G.S. §166A-41(b)(2)b., and other applicable Building Resilient Infrastructure and Communities Program(BRIO) guidance. If funding for the BRIC program project is used for an"infrastructure"project, all iron, steel,manufactured products, and construction materials used in the project must be produced in the United States. The RECIPIENT/SUBGRANTEE must also ensure that all contracts (including purchase orders) subject to the Build America Buy America Act(BABAA) include a required contract clause and self- certification of compliance pursuant to HMA Guidance,2 C.F.R. 200.322, 2 C.F.R. Part 184, and OMB Memorandum M-24-02,Implementation Guidance on Application of Buy America Preference in.Fedei al Financial Assistance Programs for Infrastructure. If funding for the BRIC program project does not involve actual construction but instead involves onlylannin engineerin or design work,the Build America p ,g�,t b g� g Buy America Act(BABAA) does not apply as the project does not involve construction. However, if the project is part of an awarded phased.BRIC project that later involves infrastructure construction or if the planning, engineering, or design work contemplates application for a future BRIC program project,the Build America Buy America Act(BABAA)will apply to any subsequent construction of a phased project or Will be a requirement for any future BRIC program construction infrastructure project. All planning, engineering, and design work should account for=the'subsequent BABAA requirement in any planning, engineering, or design work as it applies to the particular project. The RECIPIENT/SUBG=RANTEE shall utilize the designated submission ,,platform to obstain reimbursement funds under this Agreement. RECIPIENT/ SUBGRANTEEshall not receive funds under this Agreement if it does not `submit the appropriate documentation. To receive funds under this Agreement, RECIPIENT/SUBGRANTEE shall complete the Designated Agent Form and forward it to the appropriate Division of Emergency Management BRIC Program Project Manager. As per Paragraph 12(c) of this Agreement, if RECIPIENT/ SUBGRANTEE designates different representatives or designated agents, RECIPIENT/SUBGRANTEE shall notify AGENCY/GRANTEE immediately and update the Designated Agent Form to continue receiving reimbursements. To receive reimbursement funding under this Agreement,the Designated Agent shall sign and submit the appropriate documentation and forms in the designated submission platform. RECIPIENT/SUBGRANTEE shall complete Building Resilient Infrastructure and Page 3 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement the appropriate required fields in the designated submission platform's Request for Reimbursement and submit supporting documentation and forward it to the appropriate Division of Emergency Management Hazard Mitigation Project Manager or Hazard Mitigation Specialist. AGENCY/GRANTEE will reimburse RECIPIENT/SUBGRANTEE for eligible costs in increments of Five Hundred Dollars ($500.00) or greater. The final payment of funds will be made only after the project created pursuant hereto has been completed by the RECIPIENT/SUBGRANTEE and approved by the AGENCY/GRANTEE, submission of all required documentation and a request for final reimbursement. (3) DUPLICATION OF BENEFITS PROHIBITION In accordance with the provisions of 42.U.S.C. §5155 (Section 312 of the Stafford Act) duplication of benefits is prohibited. ,The RECIPIENT/SUBGRANTEE shall notify the AGENCY/GRANTEE, as soon as practicable, of the existence of any insurance coverage for the costs identified in the application, and of any entitlement to or recovery of-funds from any other source for the Project costs, including, as applicable, Federal;-State, local, and private funding. Allowable costs shall be reduced by the amount of duplicate sources available. The RECIPIENT/SUBGRANTEE shall be liable to the AGENCY/GRANTEE to the extent that the RECIPIENT/SUBGRANTEE receives duplicate benefits from any other source for the same purposes for which the RECIPIENT/SUBGRANTEE has received payment from the AGENCY/GRANTEE. The RECIPIENT/SUBGRANTEE shall immediately remit to the AGENCY/ GRANTEE any duplication of benefits payment received by the RECIPIENT/ SUBGRANTEE. In the event the AGENCY/GRANTEE determines a duplication of benefits has occurred RECIPIENT/SUBGRANTEE hereby authorizes the Controller of the Department of Public Safety to take offset action against any other available funding due the RECIPIENT/SUBGRANTEE. In addition, RECIPIENT/SUBGRANTEE shall ensure, as a condition of funding under this Agreement,that all required Privacy Act releases and Duplication of Benefit paperwork is completed. (4) INCORPORATION OF LAWS,RULES,REGULATIONS AND POLICIES Both the RECIPIENT/SUBGRANTEE and the AGENCY/GRANTEE shall be governed by applicable State and Federal laws, rules regulations, executive orders,policies,procedures, and directives, including but not limited to, those identified in Attachments B, C, and D. Building Resilient Infrastructure and Page 4 EMA-2022-BR-001-0045 City of Dunn Communities(BR1C)Grant Agreement (5) PERIOD OF AGREEMENT/PERIOD OF PERFORMANCE This Agreement becomes effective upon execution of the signatures of all parties. The date of execution shall be the date of the last signature. This Agreement shall terminate 120 days after the expiration of the Period of Performance or unless terminated earlier in accordance with the provisions of paragraphs (6), (8), (11), (13) or(17) of this Agreement. The Period of Performance (POP) expires on January 31,2027. The POP may be extended beyond the original date by extensions that the State may request, and FEMA may grant If the City believes it will require a POP extension,the City is required to submit a POP-extension request to the State at least 120 days before the expiration of the POP. All work must be completed by the POP date. 'Project costs and management costs incurred after the Period of Performance are not eligible for reimbursement. If the initial POP:is extended, the State will notify the City of such an extension prior to the expiration of the POP,and will seek a Modification per Section 6 of this Agreement. If the original POP'is not extended,the State will notify the City of the expiration of the POP T In the event the POP is not extended, the City will be required to submit all documents necessary for closeout contemplated under this Agreement within 30 days of the>expiration of the POP. A (6) MODIFICATION OF CONTRACT Either party mayrequest modification of the provisions of this Agreement. Changes,which are mutually agreed upon, shall be valid only when reduced in writing, duly signed by each of the parties hereto, and attached in the original of this Agreement. (7) RECORD.KEEPING,PROCUREMENT AND PROPERTY MANAGEMENT x.(a) If applicable,RECIPIENT/SUBGRANTEE's performance under this Agreement shall be subject to 2 C.F.R. Part 200 "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal ryAwards", Subpart B "General Provisions." (b) If applicable, all financial and programmatic records, supporting 'documents statistical records and other records of RECIPIENT/ SUBGRANTEE shall be retained pursuant to 2 C.F.R. Part 200 and 9 NCAC Part 3M. All original records pertinent to this Agreement shall be retained by the RECIPIENT/SUBGRANTEE for five years following the date of termination of this Agreement or of submission of the final closeout report,whichever is later,with the following exception: Building Resilient Infrastructure and Page 5 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement • If any litigation, claim, or audit is started before the expiration of the five-year period and extends beyond the five-year period,the records will be maintained until all litigation, claims, or audit findings involving the records have been resolved. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and other applicable laws and regulations. (d) The RECIPIENT/SUBGRANTEE, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its-records at reasonable times to the AGENCY/GRANTEE, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00`a m ,to 5:00'pin., local time, on Monday through Friday. "Agents" shall inch de;bit not be limited-CO, auditors retained by the AGENCY/GRANTEE. (8) REPORTS (a) The RECIPIENT/SUBGRANTEE shall provide monthly progress reports through the designated submission platform to the AGENCY/GRANTEE, using the Progress Report Form. Progress Reports are due by the tenth of the following month. The approved FEMA application as described in Attachment-A incorporated by reference, includes the timeline and tasks for-the work schedule. -- - In'order to complete the project before the end of the period of performance;established by FEMA in the FEMA award letter, RECIPIENT/SUBGRANTEE shall provide its Project Management Schedule to the AGENCY/GRANTEE that outlines RECIPIENT/SUBGRANTEE's plan for completion and that track and demonstrate completion of each task listed in the approved FEMA application by the timeframe listed in the approved FEMA application. The Scope of Work and Budget are listed in the FEMA GO application and Attachment A. RECIPIENT/SUBGRANTEE shall provide its Budget and any budget revisions for the project and for managing the project to AGENCY/SUBGRANTEE. As noted in Section 2(B) above,there will not be an increase in the awarded Approved Federal Share amount.If final project costs exceed the Total Estimated Project Cost,these additional costs will be the responsibility of the RECIPIENT/SUBGRANTEE and will only increase the Estimated Building Resilient Infrastructure and Page 6 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement Non-Federal Share. RECIPIENT/SUBGRANTEE shall provide a business plan to AGENCY/SUBGRANTEE regarding the method of procurement of contractors and subcontractors to implement the project in the approved application in accordance with 2 C.F.R. Part 200 and other applicable federal, state, and local requirements. RECIPIENT/SUBGRANTEE shall submit a copy of its Procurement Letter to AGENCY/GRANTEE that identifies the method of procurement and procurement policies and procedures for the procurement of its contractors. RECIPIENT/SUBGRANTEE shall provide AGENCY/GRANTEE copies of RECIPIENT's procurement document,(Invitation For Bids,Request For Proposal, etc.), advertisement of the procurement, responses received, selected or awarded bid or contractor, and contracts. RECIPIENT/SUBGRANTEE's Project Management Schedule and its Budget are due to AGENCY/GRANTEE forty-five(45) days from the date of execution of the grant agreement. The Project Management Schedule, Budget, Progress Reports, and other reports shall indicate the status and completion date for each project funded, any problems or circumstances affecting completion dates, or the scope of work, or the project costs, and any other factors reasonably anticipated to result in noncompliance with the terms of the grant award. Interim inspections shall be scheduled by the RECIPIENT/SUBGRANTEE prior to the final inspection and may be requested by the AGENCY/GRANTEE based on information supplied in the progress reports. The AGENCY/GRANTEE may require additional reports as needed. The RECIPIENT/SUBGRANTEE shall, as soon as possible,provide any additional reports or documentation requested by the AGENCY/GRANTEE. The AGENCY/GRANTEE contact will be the Division of Emergency Management Hazard Mitigation Grant Program Project Manager or Hazard Mitigation Specialist for all reports and requests for reimbursement. (b) :'RECIPIENT/SUBGRANTEE shall provide the AGENCY/GRANTEE with a closeout report on forms provided by the AGENCY/GRANTEE. The closeout report, all outstanding reimbursements requests, and all other financial,performance, and other reports as required by the terms and conditions of the Federal award and this Agreement are due no later thirty (30) days after termination of this Agreement or upon completion of the activities contained in this Agreement or upon the expiration of the Period of Performance,whichever is earlier. Building Resilient Infrastructure and Page 7 EMA-2022-BR-001-0045 City of Dunn Communities(BR1C)Grant Agreement (c) If all required reports or documentation and copies are not sent to the AGENCY/GRANTEE or are not completed in a manner acceptable to the AGENCY/GRANTEE,the AGENCY/GRANTEE may withhold further payments until they are completed or may take such other action as set forth in paragraph(11). The AGENCY/GRANTEE may terminate the Agreement with a RECIPIENT/SUBGRANTEE if reports are not received within thirty (30) days after written notice by the AGENCY/ GRANTEE. "Acceptable to the AGENCY/GRANTEE" means that the work product was completed in accordance with'generally accepted principles and is consistent with the Budget and Scope of Work contained in the FEMA GO Subapplication and Attachment A. (d) Upon request by the AGENCY/GRANTEE,the RECIPIENT/ SUBGRANTEE shall provide such additional program updates, documentation or information as may be required by the AGENCY/GRANTEE. (9) MONITORING The RECIPIENT/SUBGRANTEE shall constantly monitor its performance under this Agreement to ensure that time.schedules are being met,the Budget and Scope of Work is being accomplished specified time periods, and other performance goals are being achieved. Such review shall be made for each function, or activity set forth in the F'EMA GO Subapplication and Attachment A to this Agreement and incorporated by reference herein. (10) LIABILITY;' -(a) Nothing in this Agreement, express or implied, is intended to confer on any other person;any,rights or remedies in or by reason of this Agreement. This Agreement does not give any person or entity other than the parties hereto any legal or equitable claim, right or remedy. This Agreement is intended for the sole and exclusive benefit of the parties hereto. This Agreement is not made for the benefit of any third person or persons. No third.party may enforce any part of this Agreement or shall have any rights `-.hereunder. This Agreement does not create, and shall not be construed as creating, any rights enforceable by any person not a party to this `Agreement. (b) Except as otherwise provided in subparagraph(c)below,the RECIPIENT/ SUBGRANTEE shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall save the AGENCY/GRANTEE harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. Building Resilient Infrastructure and Page 8 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement For purposes of this agreement,RECIPIENT/SUBGRANTEE agrees that it is not an employee or agent of the AGENCY/GRANTEE, but is an independent contractor. (c) RECIPIENT/SUBGRANTEE who is a state agency or subdivision, agrees to be fully responsible for its own negligent acts or omissions or tortious acts. Nothing herein is intended to serve as a waiver'°of sovereign immunity by any RECIPIENT/SUBGRANTEE to which sovereign immunity applies. Nothing herein shall-be construed as consent by a state agency or subdivision of the State of North Carolina to be sued by third parties in any matter arising out of any,contract. ``„ (11) DEFAULT: REMEDIES: TERMINATION a) If any of the following events occur("Events of Default"), all obligations on the part of the AGENCY/GRANTEE to make any further payment of funds hereunder shall,if the AGENCY/GRANTEE so elects,terminate, and the AGENCY/GRANTEE may at its option exercise any of its remedies set forth herein,but the.AGENCY/GRANTEE may make any payments or parts of paymentssafter the_happening of any Events of Default without thereby::waiving the right to exercise such remedies, and without becoming liable tomake any further payment: 1 If any warranty or representation made by the RECIPIENT/ SUBGRANTEE in this Agreement or any previous Agreement ti. , r,, with the AGENCY/GRANTEE shall at any time be false or misleading in any respect, or if the RECIPIENT/SUBGRANTEE �' =A,� shall fail mto keep, observe or perform any of the terms or covenants iz 'contained in this Agreement or any previous agreement with the AGENCY/GRANTEE and has not cured such in timely fashion, or , isj unable or unwilling to meet its obligations thereunder; 2. -lf any material adverse change shall occur in the financial condition of the RECIPIENT/SUBGRANTEE at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the AGENCY/GRANTEE, and the RECIPIENT/SUBGRANTEE fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the AGENCY/GRANTEE; 3. If any reports required by this Agreement have not been submitted to the AGENCY/GRANTEE or have been submitted with Building Resilient Infrastructure and Page 9 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement incorrect, incomplete or insufficient information; 4. If the RECIPIENT/SU.BGRANTEE has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work found in the FEMA GO Subapplication and Attachment A. 5. If the necessary funds are not available to fund this agreement as a result of action by the United States Congress,the N.C. General Assembly, or the Office of State Budget and Management. (b) Upon the happening of an Event of Default,then the AGENCY/ GRANTEE may, at its option, upon written notice to the RECIPIENT/ SUBGRANTEE and upon the RECIPIENT/ SUBGRANTEE's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the AGENCY/GRANTEE from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement,provided that the RECIPIENT/ SUBGRANTEE is given afleast fifteen (15) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail,postage prepaid, by registered or certified mail return receipt requested,to the address set forth in paragraph(12)herein; 2. Commence an appropriate legal or equitable action to enforce - performance of this Agreement; 3. ` Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any other rights or remedies which may otherwise be available under law. (c) The AGENCY/GRANTEE may terminate this Agreement for cause upon such written notice to RECIPIENT/SUBGRANTEE of such termination and specifying the effective date thereof, at least one (1) day before the effective date of termination. Cause shall include,but not be limited to, misrepresentation in the grant application, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner, and refusal by the RECIPIENT/SUBGRANTEE to permit public access to any document,paper, letter, or other material Building Resilient Infrastructure and Page 10 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement subject to disclosure under N.C. General Statutes. (d) Termination for Convenience: If this contract contemplates deliveries or performance over a period of time,the AGENCY/GRANTEE may terminate this Agreement at any time by providing fifteen(15) days' notice in writing from the AGENCY/GRANTEE to the RECIPIENT/SUBGRANTEE. In that event, any or all finished or unfinished deliverables prepared by the RECIPIENT/SUBGRANTEE or its contractors or subcontractors under this Agreement shall, at the option of the AGENCY/GRANTEE, become its property. If the Agreement is terminated by the AGENCY/GRANTEE as provided in this section,the AGENCY/GRANTEE shall reimburse for those eligible items for which such option is exercised, less any payment or compensation previously made. (e) Suspension or termination constitutes final AGENCY/GRANTEE action. Notification of suspension or termination Shall°include notice of administrative hearing rights and time frames. (f) The RECIPIENT/SUBGRANTEE shall return funds to the AGENCY/ GRANTEE if found in non compliance with laws, rules,regulations governing the use of the funds or this Agreement. (g) Notwithstanding the above,the RECIPIENT/SUBGRANTEE shall not be relieved of liability to the AGENCY/GRANTEE by virtue of any breach -"of Agreementby the RECIPIENT/SUBGRANTEE. The AGENCY/ GRANTEE may,to the extent authorized by law, withhold any payments to the RECIPIENT/SUBGRANTEE for purpose of set-off until such time as-the exact`amount of`danages due the AGENCY/GRANTEE from the 'RECIPIENT/ SUBGRANTEE is determined. • (12),*" .NOTICE AND,CONTACT '(a)''`; All notices provided under or pursuant to this Agreement shall be in writing,'first class, certified mail, return receipt requested,to the representative or designated agent(s) identified below and said notification attached to the original of this Agreement. If the 'RECIPIENT/SUBGRANTEE designates different representatives or designated agents,RECIPIENT/SUBGRANTEE shall notify AGENCY/GRANTEE immediately and update the Designated Agent Form to continue receiving reimbursements. (b) The name and address of the AGENCY/GRANTEE contract manager for this Agreement is: Building Resilient Infrastructure and Page 11 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement NCEM Hazard Mitigation Section Department of Public Safety Division of Emergency Management 4238 MSC Raleigh,NC 27699-4238 (c) The name and address of the Representative of the RECIPIENT/ SUBGRANTEE (Designated Agent)responsible for the administration of this Agreement is: Bing Address: Billy R. Godwin City of Dunn 401 East Broad St. Dunn,NC 28334 Overnight Address: Billy R. Godwin City of Dunn 401 East Broad St. Dunn,NC 28334 If the RECIPIENT/SUBGRANTEE designates different representatives or designated agents, RECIPIENT/SUBGRANTEE shall notify AGENCY/GRANTEE within 30 days and update the Designated Agent Form to continue receiving reimbursements. (13) OTHER PROVISIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the RECIPIENT/SUBGRANTEE, in the Application, in any subsequent submission or response to the AGENCY/GRANTEE request, or any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the AGENCY/GRANTEE and with thirty (30) days written notice to the RECIPIENT/SUBGRANTEE, cause the termination of this Agreement and the release of the AGENCY/GRANTEE from all its obligations to the RECIPIENT/ SUBGRANTEE. (b) This Agreement shall be construed under the laws of the State of North Carolina and venue for any actions arising out of this Agreement shall be Building Resilient Infrastructure and Page 12 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement filed in State Court in Wake County,North Carolina. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable,then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable,but shall not invalidate any other provision of this Agreement. (c) No waiver by the AGENCY/GRANTEE of any right or remedy granted hereunder or failure to insist on strict performance:by the RECIPIENT/ SUBGRANTEE shall affect or extend or act as:-:a'waiver of any other right or remedy of the AGENCY/GRANTEE hereunder, or affect the subsequent exercise of the same right or remedy by the AGENCY/ GRANTEE for any further or subsequent,defaultby the RECIPIENT/ SUBGRANTEE. Any power of approval'or disapproval granted to the AGENCY/GRANTEE under the terms t'of this Agreement shall survive the terms and life of this Agreement as awhole. EF4 y (d) All National Flood Insurance Program documentation and repetitive loss information will bear the notice: rr "The information contained in this document is legally privileged and confidential.Its use is protected under the Privacy Act of 1974,5 U.S.C. § 552(a).Use of,this information should be restricted to applicable routine use cited'in the systems notice published in 56 FR 26415." ' (14) AUDIT REQUIREMENTS (a) c ,_ If applicable.RECIPIENT/SUBGRANTEE shall provide the following - completed documentation to the AGENCY/GRANTEE: • sSul recipient Authorized Representative; • State-Applicant Disaster Assistance Agreement; • Private Non-Profit Organization Certification(if required); • Summary of Documentation Form itemizing actual costs expended for large project payment requests; • Monthly Progress Reports; • Hard copies of Single Audit Reports within 60 days of close of fiscal year. If the RECIPIENT/SUBGRANTEE fails to provide any of the documentation discussed or requested in this Agreement,the AGENCY/GRANTEE will be under no obligation to reimburse the RECIPIENT/SUBGRANTEE for eligible expenses. Building Resilient Infrastructure and Page 13 EMA-2022-BR-001-0045 City of Dunn Communities(BR1C)Grant Agreement (b) The RECIPIENT/SUBGRANTEE agrees to maintain financial procedures and support documents and to establish and maintain a proper accounting system to record expenditures of disaster assistance funds in accordance with generally accepted accounting principles or as directed by the Governor's Authorized Representative,to account for the receipt and expenditure of funds under this Agreement. If applicable, RECIPIENT/SUBGRANTEE shall conduct audit(s)pursuant to the Single Audit Act of 1984, 31 U.S.C. §7501 et. seq., 44 C.F.R.Part 14, 2 C.F.R. Part 200, and applicable North Carolina laws,rules,and regulations. Further, RECIPIENT/SUBGRANTEE must provide a hard copy of the Single Audit Report within sixty (60) days of the close of its fiscal year. Otherwise,pursuant to 2 C.F.R. §200.339 the AGENCY/GRANTEE may withhold or suspend payments under any grant award. (c) These records shall be available at all reasonable times for inspection, review, or audit by the N.C. State Auditor and other personnel duly authorized by the AGENCY/GRANTEE. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m.,Eastern Standard Time, Monday through Friday. (d) The RECIPIENT/SUBGRANTEE shall also provide the AGENCY/ GRANTEE with the records, reports; or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (e) The RECIPIENT/SUBGRANTEE shall provide the AGENCY/ GRANTEE and the Office of the State Auditor with an annual financial audit report. The annual financial audit report shall include all management letters and the RECIPIENT/SUBGRANTEE's response to all findings, including corrective actions to be taken. {fJ In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof,were not spent in accordance with the conditions of this Agreement,the RECIPIENT/ SUBGRANTEE shall be held liable for reimbursement to the AGENCY/GRANTEE of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the AGENCY/GRANTEE has notified the RECIPIENT/SUBGRANTEE of such non-compliance. (g) The RECIPIENT/SUBGRANTEE shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report or as indicated in the Building Resilient Infrastructure and Page 14 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement applicable FEMA BRIC Notice of Funding Opportunity (NOFO), whichever is longer. However, if litigation or an audit has been initiated prior to the expiration of the five-year period,the records shall be retained until the litigation or audit findings have been resolved. (15) SUBCONTRACTS (a) If the RECIPIENT/SUBGRANTEE subcontracts any or all of the work required under this Agreement,the RECIPIENT/SUBGRANTEE agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the AGENCY/GRANTEE. (b) The RECIPIENT/SUBGRANTEE-agreess to include in the subcontract that the subcontractor shall hold the AGENCY/GRANTEE and RECIPIENT/ SUBGRANTEE harmless against all claims of whatever nature-arising out of the subcontractor's performanceof worktiunder this Agreement, to the extent allowed and required by law (c) If the RECIPIENT/SUBGRANTEE subcontracts, a copy of the executed .0 subcontract must be forwarded to the AGENCY/GRANTEE within ten (10) days of execution of said subcontract. (d) If subcontracts are to be-let,the prime contractor is required to take all necessary steps identified in 2 CFR 200321(b)(1)-(5)to ensure that small and minority businesses,women's business enterprises, and labor surplus `area firms are used when possible. (e) Contractual arrangement shall in no way relieve the RECIPIENT/ :-SUBGRANTEE of its responsibilities to ensure that all funds issued pursuant to this~grant be administered in accordance with all state and federal.yrequirements. (16) TERMS AND CONDITIONS This Agreement and any exhibits and amendments annexed hereto, and any documents incorporated specifically by reference represents the entire Agreement between the parties and supersedes all prior oral and written statements or agreements. (17) STANDARD CONDITIONS The RECIPIENT/SUBGRANTEE agrees to be bound by the following standard conditions: Building Resilient Infrastructure and Page 15 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement (a) The State of North Carolina's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the N.C. General Assembly and is contingent upon U.S. Congress providing Building Resilient Infrastructure and Communities (BRIO)funds for projects. (b) If otherwise allowed under this Agreement, extension of an agreement for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial agreement. (c) If RECIPIENT/SUBGRANTEE requires an extension of the current Period of Performance (POP) for this project,then RECIPIENT/SUBGRANTEE must prepare and submit a Request For Extension to the State Hazard Mitigation Officer no later than ninety(90) days prior to the expiration of the POP for this award. The Request for Extension must be on letterhead,provide all the required information outlined in the applicable FEMA Notice of Funding Opportunity (NOFO) and signed by the Designated Agent. (d) The AGENCY/GRANTEE reserves the right to unilaterally cancel this Agreement for refusal by the RECIPIENT/SUBGRANTEE to allow public access to all documents,papers, letters, or other material subject to the provisions of the N.C. General Statutes and made or received by the Contractor/RECIPIENT/SUBGRANTEE in conjunction with the Agreement. (18) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. -(b) In the event of any inconsistency or conflict between the language of this Agreement and the attachments hereto,the language of such attachments shall be controlling;but only to the extent of such conflict or inconsistency. (c) This Agreement includes the following attachments or documents incorporated by reference as if fully set out herein: 1. Attachment A Approved Project Budget& Scope of Work 2. Attachment B Program Statutes and Regulations 3. Attachment C Lobbying Prohibition/Self Certification/BABAA Certification 4. Attachment D Statement of Assurances 5. Attachment E Special Conditions Building Resilient Infrastructure and Page 16 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement (19) FUNDING/CONSIDERATION All funds shall be requested through the appropriate forms and designated submission platform that are provided by the AGENCY/GRANTEE. (20) LOBBYING PROHIBITION No funds or other resources received from the State in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the N.C. General Assembly or any state department. The RECIPIENT/SUBGRANTEE shall comply with the Byrd-Anti-Lobbying Amendment, 31 U.S.C. 1352 (as amended). If applicable;the RECIPIENT/SUBGRANTEE must sign and submit to the State.the Certification Regarding Lobbying, attached as Attach'went C, and incorporated by reference herein.Refer to Attachment C for additional terms and provisions;-relating to lobbying. (21) LEGAL AUTHORIZATION The RECIPIENT/SUBGRANTEE certifies with respect to this Agreement that it possesses the legal authority to receive the funds to`be;provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise,the execution andacceptance of this Agreement with all covenants and assurances contained herein. The RECIPIENT/SUBGRANTEE also certifies that the undersigned possesses the authority to legally execute and bind RECIPIENT/SUBGRANTEE'to the terms of this Agreement. Pursuant to the North Carolina;Emergency Management Act,N.C.G.S. §166A-19.41(b)(2)a.3.; §203 and §322,42 U.S.C._5133 and 5165,respectively, of the Robert T. Stafford -Disaster Relief and Emergency Assistance Act, 42 U.S.C. §5121 et seq., as amended,theRDisaster:'Miti_gseq.;ation Act of 2000 42 U.S.C. 5131 et. The Disaster Recovery Reform Act of 2018, et seq.;the National Flood Insurance Program, 42 4011 et. seq.; 44 C.F.R. Parts 201 and 206; communities are eligible to apply Tor Building Resilient Infrastructure and Communities Grant Program(BRI.C). Communities on probation or suspended under 44 C.F.R. Part 60 of the NFIP are not eligible. (22) ASSURANCES The RECIPIENT/SUBGRANTEE shall execute and comply with the Statement of Assurances incorporated as Attachment D and any additional assurances included as part of the FEMA GO Subapplication which is incorporated into this Agreement by reference. Building Resilient Infrastructure and Page 17 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement (23) SPECIAL CONDITIONS (a) The RECIPIENT/SUBGRANTEE shall comply with the special conditions set forth in Attachment E, attached hereto and incorporated by this reference. (b) Failure of the RECIPIENT/SUBGRANTEE to comply with the special conditions listed in Attachment E or the program statutes and regulations in Attachments B and D of this Agreement shall be cause for the immediate suspension of payments or the immediate termination of this Agreement. (24) HAZARD MITIGATION PLAN : = If RECIPIENT/SUBGRANTEE is a local governmental entity,RECIPIENT/ SUBGRANTEE shall complete, adopt, and update an all-hazards mitigation plan in a manner satisfactory to the State Hazard Mitigation Officer and in accordance with FEMA and State requirements including but not be limited to,44 C.F.R. 201.6,44 C.F.R. 201.3, and NCGS 166A-19.41. The all-hazards mitigation plan shall be developed in accordance with the minimum criteria for local hazard mitigation plans as determined by the-AGENCY/GRANTEE. The minimum criteria are incorporated by reference:into this Agreement as if fully set out herein. (25) PROCUREMENTS AND CONTRACTS • RECIPIENT/SUBGRANTEE shall follow all federal, state,and local procurement laws including but not limited to those provisions found in 2 C.F.R. §200.318-327. RECIPIENT/SUBGRANTEE shall include the required contract provisions referenced in 2 C.F.R. §200.327 and found in Appendix II to Part 200 in all procurements and,.contracts. (26) ` ,FEMA GO SUBAPPLICATION INCORPORATED BY REFERENCE All``terms, provisions, and agreements set forth in the FEMA GO Subapplication (except to the extent explicitly modified herein) are incorporated herein by reference‘*ith the same force and effect as though fully set forth herein. Building Resilient Infrastructure and Page 18 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement IN WITNESS WHEREOF,the AGENCY/GRANTEE and the RECIPIENT/SUBGRANTEE have each executed this Agreement,this the CONTRACTING AGENCY DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF PUBLIC SAFETY WITNESS: BY: WILLIAM C.RAY DIRECTOR&DEPUTY HOMELAND SECURITY ADVISOR r. DIVISION OF EMERGENCY MANAGEMENT DATE WITNESS: BY: .CASANDRA S.HOEKSTRA CHIEF DEPUTY SECRETARY ADMINISTRATION DEPARTMENT OF PUBLIC SAFETY DATE.. WITNESS: BY: BILLY R.GODWIN ASSISTANT CITY MANAGER CITY OF DUNN FEDERAL EMPLOYER I.D.#56-6001214 DATE APPROVED AS TO PROCEDURES: BY SHARON MARSALIS Ph.D.,BUDGET DIRECTOR - DEPARTMENT OF PUBLIC SAFETY • DATE APPROVED AS TO FORM SUBJECT TO EXECUTION BY CASANDRA S.HOEKSTRA,CHIEF DEPUTY SECRETARY ADMINISTRATION OF THE DEPARTMENT OF PUBLIC SAFETY. • DEPARTMENT OF PUBLIC SAFETY BY: DEPUTY GENERAL COUNSEL Building Resilient Infrastructure and Page 19 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement A-1 ATTACHMENT A BUDGET AND SCOPE OF WORK RECIPIENT/SUBGRANTEE shall implement the FY 2022 Building Resilient Infrastructure and Communities Grant Program Plan activity summarized below and as described in the approved Subapplication(EMA-2022-BR-001-0045) in FEMA GO. That Subapplication is incorporated by reference into this Agreement. The AGENCY/GRANTEE shall reimburse`eligible costs according to the following expenditures: A. Building Resilient Infrastructure and Communities Grant Program Total Costs Total Estimated Phase 1 Project Cost: $1,099,800.00 The Total Estimated Project°Cost-is an estimate only:. The final project costs will be determined according to the'policies aridprocedures in the applicable Notice of Funding Opportunity (NOFO) for the Building Re"silient Infrastructure and Communities program and the North Carolina Division of Emergency Management Standard Operating Procedure. The Phase 1 Total Estimated Project Cost reflects the number provided to NCEM by FEMA in the FEMA award letter. If final Phase 1 project costs exceed the Total Estimated Phase 1 Project Cost,_these additional costs will be the responsibility of the RECIPIENT/ SUBGRANTEE and will only increase the Estimated Non-Federal Share. B. 'Funding Sources 1. Approved Federal Share for EMA-2022-BR-001-0045 $769,860.00 2. Estimated Non-Federal Share for EMA-2022-BR-001-0045 $329,940.00 3. Subrecipient Management Costs (Federal) $54,990.00 .TOTAL FOR: EMA-2022-BR-001-0045 Phase 1 $1,154,790.00 *** Federal project funds not used in Phase 1 are eligible to be rolled over and used in Phase 2. Building Resilient Infrastructure and Page 20 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement A-2 Scope of Work Summary The City of Dunn will utilize project funds to complete the design and engineering required to move forward to Phase 2. No construction activities have been approved for this project. This project will be delivered in accordance with the Scope of Work,Budget, and Schedule outlined in the BRIC2022 Subapplication(EMA-2022-BR-0001-0045)titled"City of Dunn Raw Water Electrical Relocation&24" Line Replacement" in FEMA GO. This Subapplication is incorporated into this Agreement by reference. Approved Phase 1 Budget Item Amount Construction Admin& Closeout $211,500.00 Engineering $888,300.00 Sub-Recipient Management Cost ‘$54,990 00 Total $1154,79000 The City of Dunn will utilize Phase 1 funds to complete the design and engineering required to move forward with Phase 2. The approved,vscope,of work is for Phase 1 only,which includes surveying,engineering,design,plans preparation,permitting and bidding:-for the proposed project, for Phase 2 approval.No construction activities*for this project have been approved. Phase Federal Share SRMC Total Fed `.Non-federal Total Project Status (Project Costs) (Fede4Share) Share Share Cost (Project and SRMC) (Project+SRMC) 1 $769,860.00 ' r$54,99000 $824,85000 $329,940.00 $1,154,790.00 Approved 2 $5,239,850.00 x$374,275 00 $5,614,125.00 $2,245,650.00 $7,859,775.00 Pending Approval The sub'applicant must submit the Phase l deliverables below for FEMA's review and approval. Once all Phase 1 deliverables are received,reviewed,and approved by FEMA,eligible Phase 2 costs will be amended onto the subgrant. Starting any Phase 2 work, or any other ground disturbing activities or construction,without FEMA's written approval could jeopardize the project funding: Phase 1 Deliverables: In addition to a complete, detailed scope of work, updated budget, and updated milestones,Phase 1 deliverables should include the below: • Engineering calculation, drawings/design, design reports to include at a minimum: • Confirm that the technical solution solves the problem to the level of protection. • A narrative clearly identifying the proposed mitigation action and structures to be mitigated, describing the proposed activities, and a clear explanation of how the project will mitigate risk. Building Resilient Infrastructure and Page 21 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement • Complete design drawings and details. • Technical information(engineering design plans, feasibility studies, engineering reports, etc.)demonstrating that the project is feasible to the project design standards (level of protection. • H&H Study for the project including potential upstream and/or downstream effects from the proposed project. • Design plan, specifications, engineering analysis confirm that the project will be designed to meet ASCE 24 (current edition). • Updated cost estimate consistent with design including costs for Phase 1 and Phase 2. • Updated BCA consistent with design documents. • Provide an updated, detailed Scope of Work, including ground disturbance information to detail area and max depth of proposed ground disturbance'for each new construction item,methods of construction, staging areas, along with all updated maps of proposed ground disturbance as a Phase 1 deliverable. If fill is being used,provide fill source information if available. • If known, provide fmal disposal location(s) such as a landfill for unsuitable soils and any demolished items. • Provide any new documents such as surveys, site plans, drawings, specifications, studies, and/or site assessment photos with descriptions associated with the project. • Any applicable USACE 404, State 401, and 402 North Carolina Department of Environmental Quality (NCDEQ)permitting, authorization, or exemptions documented should be included as a Phase I.deliverable. Provide any USACE point of contact information so that FEMA EHP can establish lead agency and share compliance review documents. • Local floodplain administrator approval will be required and any supporting documentation such any required approvals,-studies, permits, certificates (elevation, no-rise,.etc.), and/or any amendments from the appropriate agencies. • Other items FEMA determines necessary, as a result of the design process identifying any unforeseen requirements. • Optional_; utilize the public notice template to draft and post for community comment. • Documentation of any public meetings and notifications related to this proposed project. NOTE: FEMA EHP is available to provide technical assistance throughout the Phase I designing process. Requests for EHP assistance should be sent to your designated point of contact. Building Resilient Infrastructure and Page 22 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement B-1 ATTACHMENT B PROGRAM STATUTES AND REGULATIONS The North Carolina Division of Emergency Management as administrators of this Building Resilient Infrastructure and Communities Grant are governed by the following statutes, regulations,procedures, and policies: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act,42 U.S.C. §5121 et. seq.; T .4 (2) 44 C.F.R. Parts 7, 9, 18,25, 60,201,206, 44 C.F.R.Part 209, 2 CFR-Part 180, 2 C.F.R.Part 200, and any other applicable yFEMA policy memoranda and guidance documents; (3) Chapter 166A of the N.C.,'General Statutes,N.C.G.S. § 166A-19 et. seq., "The N.C. Emergency Management Act"; (4) State of North Carolina Administrative Plan and policies and procedures of the N.C. Division of Emergency Management; (5) The applicable Department of Homeland Security, Federal Emergency Management Agency Notice of Funding Opportunity(NOFO) for BRIC; (6) All applicable laws and regulations delineated in Attachments D&E of this Agreement; (7) All applicable laws, ordinances, codes,rules,regulations, licensing requirements, and other regulatory matters that are applicable to the work performance under this Agreement,including those of federal, state and local agencies having appropriate jurisdiction. 1y .. Building Resilient Infrastructure and Page 23 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement C-1 ATTACHMENT C LOBBYING PROHIBITION The undersigned certifies,to the best of his or her knowledge and belief,that: (a) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence either directly or indirectly an officer or employee of any state or federal agency, a member of the N.C. Legislature, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment,or modification of any Federal contract,grant,loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL. "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers'(including subcontracts, subgrants,and contracts under grants, loans, and cooperative agreements)and that all SUB- RECIPIENT/SUBGRANTEES shall certify and disclose accordingly. This certification is.a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this fransaction imposed by 31 U.S.C.1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The.RECIPIENT/SUBGRANTEE certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,the RECIPIENT/SUBGRANTEE understands and agrees that the provisions of 31 U.S.C. Chap. 38,Administrative Remedies for False Claims and Statements,-apply to this certification and disclosure,if any. RECIPIENT/SUBGRANTEE BY: Billy R. Godwin City of Dunn Building Resilient Infrastructure and Page 24 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement C-2 Build America,Buy America Act Self-Certification for Contracts and Subcontracts For FEMA financial assistance programs subject to Build America,Buy America Act(BABAA), contractors and subcontractors must sign and submit the following certification to the next tier(e.g., subcontractors submit to the contractor; contractors submit to the non-federal entity)each bid or offer for an infrastructure project that has not been waived by a BABAA waiver: The undersigned certifies,to the best of their knowledge and belief,that: BABAA requires that no federal financial assistance for"infrastructure"projects is provided"unless all of the iron,steel,manufactured products,and construction materials used in the project are produced in the United States." Section 70914 of Public Law No. 117-58, §§70901-52. The undersigned certifies that for the (Project Name and'Location)that the iron,steel,manufactured products, and construction materials used in this contract are in full compliance with the BABAA requirements including: ' 1.All iron and steel used in the project are produced in the United States. This means all manufacturing processes,from the initial melting stage through the application of coatings, occurred in the United States. 2.All manufactured products purchased with FEMATmancial assistance must be produced in the United States.For a manufactured product to be considered produced ih the United States,the cost of the components of the manufactured product that are mined,produced,or manufactured in the United States is greater than 55%of the total cost of all components`of-the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable_law or regulation. 3.All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. "The [Contractor or Subcontractor] Name/Title certifies or affirms the truthfulness,and accuracy of each statement of its certification and disclosure,if any. In addition,the [Contractor,oi<Subcontractor]understands,and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False3Claims and Statements,apply to this certification and disclosure,if any. Signature of[Contractor's or Subcontractor's]Authorized Official Name and Title of[Contractor's or Subcontractor's]Authorized Official Date Building Resilient Infrastructure and Page 25 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement D-1 ATTACHMENT D STATEMENT OF ASSURANCES The RECIPIENT/SUBGRANTEE hereby assures and certifies that: (a) It possesses legal authority to enter into this agreement and to execute the proposed program. (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the BRIC application to FEMA, including all understandings and assurances contained therein,..and directing and authorizing the RECIPIENT/SUBGRANTEE's chief executive officer to act in connection with the application and to provide such additional information as may be required. (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the RECIPIENT/SUBGRANTEE, or its designees or agents,no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or program assisted under this agreement. The RECIPIENT/SUBGRANTEE shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes stated above. (d) " It will comply with and conduct audit(s)pursuant to the Single Audit Act of 1984, 31 U.S.C. §7501 et. seq.,2 C.F.R. Part 200, and applicable North Carolina laws, rules, and regulations. Additionally,the RECIPIENT/ SUBGRANTEE shall comply with the requirements related to audits and financial management pursuant to the Single Audit Act of 1984, 31 U.S.C. §7501 et. seq. and shall provide the documentation discussed below and requested under this Agreement. RECIPIENT/ SUBGRANTEE must provide a hard copy of the Single Audit Act Report within sixty (60) days of the close of its fiscal year. Otherwise, 2 C.F.R. 200.339,the AGENCY/SUBGRANTEE may withhold or suspend payments under any grant award. Failure to provide such documentation or to comply with said requirements shall terminate any obligation on behalf of the AGENCY/ GRANTEE to reimburse the RECIPIENT/SUBGRANTEE for eligible expenses. Building Resilient Infrastructure and Page 26 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement D-2 (e) Where applicable, it will comply with: (1) Contract Work Hours and Safety Standards Act of 1962,40 U.S.C. 3701 et seq.—In accordance with 29 CFR 5.5(b)(1)-(4): (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek sn which he or she is employed on such work to work in excess of forty hours'in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages;'liquidated damages. In the event of any violation of the-clause set forth in paragraph(b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in:the case of work done under contract for the District of-Columbia or a territory,to such District or to such territory), for liquidated damages. Suchjliquidated damages shall:be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(l) of this section, in the-sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City shall Upon;its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. Building Resilient Infrastructure and Page 27 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement (4)Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1)through(4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1)through(4) of this section; and (2) Federal Fair Labor Standards Act,29 U.S.C.Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed. wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. (3) Davis Bacon Act. The Davis-Bacon and Related Acts (Davis-Bacon Act) require the payment of prevailing wages on,certain federally funded or funded construction activities. The Davis-Bacon Act does not apply to HMA programs, including BRIC, as it is not required by the programs' authorizing statutes.However, Davis-Bacon Act compliance may be required if HMA funds are used in conjunction with another federal agency's grant, such as Community Development Block Grant Disaster Recovery funding from the Department of Housing and Urban Development or if required by local,tribal,and territorial government laws. (4) National Environmental Policy Act of 1969,42 U.S.C. §4321; et. seq.; E011991;EO12148; Coastal Zone Management Act of 1972, 16 U.S.C. §1451 et. seq. Section 176(c)of the Clean Air Act of 1955, 42 U.S.C. §7401 et. seq.; Safe Drinking Water Act of 1974, 42 U.S.C. §300f et. seq.; Endangered Species Act of 1973, 16 U.S.C. §1532 et. seq.; Wild and Scenic Rivers Act of 1968, 16 U.S.C. §1271 et. seq. (5) Section 106 of the National Historic Preservation Act of 1966, 54 U.S.C. 306108 (former 16 U.S.C. §470 et. seq.); E011593; Archaeological and Historic Preservation Act of 1974, 54 U.S.C. 312501 et. seq. (16 U.S.C. §469a-1 et. seq.). (6) Clean Air Act, 42 U.S.C. 7401 et. Seq. The RECIPIENT/SUBGRANTEE agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. The contractor agrees to report each violation to the RECIPIENT/SUBGRANTEE and understands and agrees that the RECIPIENT/SUBGRANTEE will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each Building Resilient Infrastructure and Page 28 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA. Federal Water Pollution Control Act. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. The contractor agrees to report each violation to the RECIPIENT/SUBGRANTEE and understands and agrees that the RECIPIENT/SUBGRANTEE will, in turn, report each violation as required to assure notification to the AGENCY/GRANTEE,Federal Emergency Management Agency(FEMA), and'the appropriate Environmental Protection Agency Regional Office.The contractor agrees to include these requirements in each subcontract`exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA. ay (7) Suspension and Debarment.. This contract is a covered transaction for purposes of 2 C.F.R.Part 180 and 2\C C.F.R. Part 3000. As such,the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R.._§ 180.995)or its'a.ffiliates (defined at 2 C.F.R. § 180.905)are excluded(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R.`§ 180 935) The contractor must comply with 2 C.F.R. Part 180, subpart C and Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into:This certification is a material representation of fact reliedK:upon by RECIPIENT/SUBGRAN'1'EE. If it is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R.,,Part 3000, subpart C,in addition: to remedies available to RECIPIENT/SUBGRANTEE;the federal government may pursue 1 available remedies,including but not limited to suspension and/or debarment. The,bidder or proposer agrees to comply with the requirements of'2 C.T.R.Part 180,,subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this`.offer.The bidder or proposer further agrees to include a provision `,4. requiring'such compliance in its lower tier covered transactions. (f) Duf ing'the performance of this contract, the RECIPIENT/SUBGRANTEE agrees'itAwill comply with: (1)The RECIPIENT/SUBGRANTEE will not discriminate against any employee or applicant for employment because of race, color,religion, sex, sexual orientation, gender identity, or national origin. The RECIPIENT/SUBGRANTEE will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color,religion, sex, sexual 7 See 2 C.F.R. Part 200, Appendix II, § C. Contract Provisions Guide 11 Building Resilient Infrastructure and Page 29 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer;recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The RECIPIENT/SUBGRANTEE agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The RECIPIENT/SUBGRANTEE will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion; sex, sexual orientation, gender identity, or national origin. (3)The RECIPIENT/SUBGRANTEE will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant This provision shall not apply to instances in which an employee who has access-to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such-disclosure is in response to a formal complaint or charge, in furtherance"ofan investigation,proceeding,hearing, or action, including an investigation conducted by the employer, or is consistent with the RECIPIENT/SUBGRANTEE's legal duty to furnish information. (4)The RECIPIENT/SUBGRANTEE will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5).The RECIPIENT/SUBGRANTEE will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6)The RECIPIENT/SUBGRANTEE will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records, and accounts by the administering agency and the Secretary of Labor for purposes of Building Resilient Infrastructure and Page 30 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders,this contract may be canceled,terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other Contract Provisions Guide 12 sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, orb);rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law { (8)The RECIPIENT/SUBGRANTEE will include the portion of the sentence immediately preceding paragraph(1)and the provisions of paragraphs (1)through (8) in every subcontract or purchase order unless exempted by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204- of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upone.each subcontractor or vendor. The RECIPIENT/SUBGRANTEE will take such action with respect to any subcontract or purchase,order as the administering agency may direct as a means of enforcing such'provisiors, including sanctions for noncom liance: p Provvided,however,that in the event a contractor becomes involved in, or is threatened with, litigation with a''subcontractor or vendor as a result of such direction by the administering'agency,the contractor may request the United\States to enter into such litigation to protect the interests of the -United States The RECIPIENT/SUBGRANTEE further agrees that it will be bound by the above;equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided,that if the RECIPIENT/SUBGRANTEE so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The RECIPIENT/SUBGRANTEE agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules,regulations, and relevant orders of the Secretary of Labor,that it will furnish the administering agency and the Building Resilient Infrastructure and Page 31 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The RECIPIENT/SUBGRANTEE further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government.contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. Ir"i addition,the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel,terminate, or suspend in whole or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (2) If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the RECIPIENT/ SUBGRANTEE,this assurance shall obligate the RECIPIENT/ SUBGRANTEE, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (3) Titles VI and VII of the Civil Rights Act of 1964 (PL 88-352), and the regulations issued pursuant thereto (prohibiting discrimination on the basis of race,color,national origin and ensuring that individuals are employed, and that employees are treated during employment,without regard to their race, color, creed,national origin, sex or age);Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et. seq.) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973 (codified as amended at 29 U.S.C. 794 (prohibiting discrimination on the basis of handicap); Executive Order 11063 as amended by Executive Order 2259; and Section 109 of the Housing and Community Development Act of 1974, as amended; Building Resilient Infrastructure and Page 32 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement (4) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto,which provide that no person shall be discriminated against on the basis of race, color,religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment,upgrading, demotion, or transfer; recruitment advertising; layoff or termination,rates of pay or other forms of compensation; and election for training and apprenticeship. (g) The RECIPIENT/SUBGRANTEE agrees to comply with Titles I,II,III,IV and V of the Americans With Disabilities Act of 1990 (prohibiting discrimination on the basis of disability). (h) The Copeland "Anti-Kickback"Act. Contractor. RECIPIENT/SUBGRANTEE shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R.Part 3 as may be applicable,which.,are incorporated by reference into this Agreement. `. Subcontracts. The RECIPIENT/SUBGRANTEE or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require,"and also a clause requiring the subcontractors to include these clauses in any l`wer tier subcontracts. The prime contractor shall be responsible for the compliance by any'subcontractor or lower tier subcontractor with all of these contract clauses::', Breach..A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12 (i) It will comply with the.provision of the Hatch Act, as amended, 5 U.S.C. 1501 et. ;:. seq• and 7324 et. seq wzhichiimits the political activityof employees. (j) It will comply with the°'flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973,Pub.L. 93-156, 87 Section 975, approved December 31, 1973, as amended, 42 U.S.C. 40001 et. seq. Further, Section'`102 arid 103 (42 U.S.C. 4012a and 4015) required, on and after March 2, 1974,the purchase of flood insurance in communities where such insurance is available`as a condition for the receipt of any Federal financial assistance for constriction or acquisition purposes for use in any area,that has been identified by the Secretary of the Department.of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. Building Resilient Infrastructure and Page 33 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement (k) It will require every building or facility(other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Part to comply with the "uniform Federal Accessibility Standards," (UFAS)24 C.F.R. Part 40 for residential structures,https://www.access-board.gov/guidelines-and- standards/buildings-and-sites/about-the-aba-standards/ufas. The RECIPIENT/ SUBGRANTEE will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. (1) The RECIPIENT/SUBGRANTEE will comply with applicable N.C. General Statutes when negotiating contracts for services. (m) It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations, and has adopted and is enforcing a policy of enforcing applicable State and federal laws against physically barring entrance or exit from a facility or location which is the subject of such nonviolent'=civil rights demonstration within its jurisdiction in°accordance with section 519of Public Law 101-144 of the 1990 HUD Appropriations Act.:. (n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-1683 and 1685-1686).which prohibits-discrimination on the basis of sex; r-(o) It will comply with the Drug Abuse Office and Treatment Act of 1972 (P.L. 91- 616) as amended,21'U.S.C. 1101'et. seq.)relating to nondiscrimination on the basis of drug abuse; (p) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. 4541 et. seq.) relating to nondiscrimination on the basis of alcohol abuse or alcoholism. (q) = 'It will comply with 523 and 527 of the Public Health Service Act of 1912 "(42 U.S.C. 290 dd-3 and 290 ee-3)", as amended, relating to confidentiality of alcohol and drug abuse patient records; (r) It will comply with Chapter 63 of Title 42,Lead-Based Paint Poisoning Act"(42 U.S.C. 4821 et seq.)"which prohibits the use of lead-based paint in construction of rehabilitation or residential structures; (s) It will comply with the Energy Policy and Conservation Act, 42 U.S.C. §6291 et. seic.. (t) In the performance of this Agreement,the RECIPIENT/SUBGRANTEE shall make maximum use of products containing recovered materials that are EPA- Building Resilient Infrastructure and Page 34 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract performance schedule, meeting contract performance requirements, or at a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. See also 2 C.F.R. 200.323. (u) Prohibition on Contracting for Covered Telecommunications Equipment or Services. (a)Definitions.As used in this clause,the terms backhaul; cover-ed'foreign country; covered telecommunications_equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1,Prohibitions on Expending°FEMA Award Funds for Covered Telecommunications Equipmentzor Services (Interim), as used in this clause— , :4 (b)Prohibitions. (1) Section 889(b)of the John'S McCain National Defense Authorization Act.for Fiscal Year 2019;Pub.L.No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug. 13, 2020, from obligating or expending grant cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national securit y reasons. (2)Unless an exceptionUin paragraph (c) of this clause applies,the -,contractor`an&its subcontractors may not use grant, cooperative agreement, loan,or loan guarantee funds from the Federal Emergency Management Agency to: (i)Procure or obtain any equipment, system, or service that uses }covered telecommunications equipment or services as a substantial > "or essential component of any system, or as critical technology of -;, any system; (ii)Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii)Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or Building Resilient Infrastructure and Page 35 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement (iv)Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c)Exceptions. (1) This clause does not prohibit contractors from providing— (i)A service that connects to the facilities of a third-party, such as backhaul,roaming, or interconnection arrangements; or (ii)Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2)By necessary implication and regulation,the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not usedas critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1)In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source,the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2)The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number;the order number(s), if applicable; supplier name; supplier unique entity identifier(if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number(original equipment manufacturer number,manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information Building Resilient Infrastructure and Page 36 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. (v) Domestic Preference for Procurements. As appropriate, and to the extent consistent with law,the contractor should,to the greatest extent practicable, provide a preference for the purchase, acquisition,,or use of goods,products, or materials produced in the United States. This includes, but is notlimited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause:Produced in the,United-States means, for iron and steel products,that all manufacturing processes,ffiom the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and constructionzmaterials composed in whole or in part of non-ferrous metals,such as aluminum;plastics and polymer-based products such as polyvinyl chloride r � aggregates such as concrete; glass, including opticarfiber; and lumber. (w) The RECIPIENT/SUBGRANTEE shall not use the DHS seal(s), logos, crests, or reproductions,of flags'yor likenesses of DHS agency officials without specific FEMA The RECIPIENT/SUBGRANTEE shall include this pre-approval. provision{in any subcontracts (x) RECIPIENT/SUBGRANTEE certifies that it: `(1) Is not presently debarred, suspended,proposed for debarment, declared , ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from participating in Federal or State grants or awards by any Federal or State department or agency; and (2) Has not within a three-year period preceding this contract been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records,making false statements, or receiving stolen property; Building Resilient Infrastructure and Page 37 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement (3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph(2) above; and, (4) Has not within a three-year period preceding this application had one or more public transactions(Federal, State, or local)terminated for cause or default. (y) RECIPIENT/SUBGRANTEE further agrees that it will include the above certifications, without modification, in all lower tier-contracts and in all solicitations for lower tier contracts. (z) No Governmental Non-Competes. RECIPIENT/SUBGRANTEE shall not impose or enforce any non-competition agreement upon the employees included in RECIPIENT/SUBGRANTEE's proposal that would prevent those employees from accepting any offer of employment from tle.,State ofNorth Carolina outside of the first Term of the Contract. By executing this-Agreement the RECIPIENT/SUBGRANTEE affirms this condition. This affirmation is a material condition for the State's award of any work under this Agreement. (aa) Program Monitoring.RECIPIENT/SUBGRANTEE agrees to assist and cooperate with the Federal grantor agency-and State or their duly designated representatives-in the monitoring of the project or projects to which this contract relates, and to provide in form and manner approved by the State such monitoring reports;progress reports, and the like as may be required and to provide such reports at the times specified. (bb).: Funding.Contingency. The awarded Contract may be suspended and/or terminated without liability to the State if any grant is suspended or terminated, and unless,and.until the State receives funds in an amount that is deemed sufficient to enable it to fund the Contract awarded,the State is under no obligation to make any payments to the RECIPIENT/SUBGRANTEE. (cc) Women and Minority Owned Businesses. 2 C.F.R. § 200.321 requires that all necessary affirmative steps are taken by the State and RECIPIENT/SUBGRANTEE to assure that minority and women's businesses are used when possible, and N.C. Gen. Stat. 143-128.2 establishes a ten percent(10%) goal for participation by minority and women owned businesses in total value of work performed for the State. (dd) Personnel.RECIPIENT/SUBGRANTEE represents that it has, or will secure at its own expense, all personnel required in performing the work under this Contract. Such personnel shall not be employees of or have any contractual relationship with State. All of the work required hereunder will be performed by Building Resilient Infrastructure and Page 38 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement RECIPIENT/SUBGRANTEE or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and State law to perform such work.No person who is serving a sentence in penal or correctional institution shall be employed to work under this Contract. (ee) Program Fraud and False or Fraudulent Statements or Related Acts. RECIPIENT/SUBGRANTEE acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the Contract. (ff) System for Awards Management. Vendor shall be-responsible to ensure that it has checked the federal System for Awards Mariageinent'(SAM) 1lttps://www.sam.gov/SAM/ and the State Debarred Vendors.Listing, https://ncadmin.nc.gov/documents/nc-debarred vendors to verify that Contractors or sub-Recipientshave not been suspended or debarred from doing business with federal or State government. • \ \ Building Resilient Infrastructure and Page 39 EMA-2022-BR-001-0045 City of Dunn Communities(BRIC)Grant Agreement E-1 ATTACHMENT E SPECIAL CONDITIONS This agreement shall be executed by the RECIPIENT/SUBGRANTEE, and returned to the AGENCY/GRANTEE at the following address: NCEM Hazard Mitigation Section Department of Public Safety Division of Emergency Management 4238 MSC Raleigh,NC 27699-4238, a This agreement will be executed within thirty(30)days after receipt. All;time_periods in this Agreement refer to calendar days. After receipt by the AGENCY/GRANTEE of the signed Agreement,the AGENCY/GRANTEE will execute this Agreement and return an original to the RECIPIENT/SUBGRANTEE. • Mailing Address Billy R. Godwin _City of Dunn 401 East Broad St Dunn;_NC 28334 \Overnight:.Address Billy,R. Godwin City of Dunn '401 East.Broad St. Dunn,NC 28334 Building Resilient Infrastructure and Page 40 EMA-2022-BR-001-0045 City of Dunn Communities(BRIO)Grant Agreement 0'2024-27 ATTACH#8 11-12-24 mut iurl �� _ ens I N Capital Project Ordinance Amendment Black River Wastewater Treatment Plant Effluent Project WHEREAS,the City Council for the City of Dunn, on June 8, 2021, adopted the annual budget ordinance number 02021-11 for the fiscal year beginning July 1, 2021; and, WHEREAS, the City Council, on June 8, 2021, adopted the capital improvements plan for fiscal year 2021-22; and, WHEREAS, on March 8, 2022, the City Council amended the capital improvements plan by approving a capital project ordinance number 02022-04 approving the Black River Wastewater Treatment Plant (WWTP) Effluent Project with a budget of$16,100,000; and, WHEREAS, it is necessary and appropriate to amend this capital project ordinance to increase the project's budget by $1,564,715 to provide adequate funding to complete the project; and, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUNN, NC, PURSUANT TO SECTION 13.2 OF CHAPTER 159 OF THE GENERAL STATUTES OF NORTH CAROLINA,THAT: Section 1: Expenditures necessary for the Black River WWTP Effluent Project are authorized to be undertaken until all project activity is completed, and is adopted as follows: Section 2. The amount of funding appropriated, and amounts budgeted for all project expenditures shall be amended and approved as follows: Previous Budget Revised Funding Appropriations Budget Amendments Budget SRFR-ARPA Grant Funds $ 15,350,000 $ 15,350,000 State Appropriations Funding $ 1,564,715 $ 1,564,715 Sewer Fund Reserves $ 750,000 $ (750,000) $ - ARPA Program Income $ 750,000 $ 750,000 Total Funding $ 16,100,000 $ 1,564,715 $ 17,664,715 Expenditures: Administration $ 65,000 $ (64,000). $ 1,000 Easements $ 251,000 $ 251,000 Engineering $ 1,515,000 $ 170,000 $ 1,685,000 Construction-Piping $ 12,520,000 $ 175,775 $ 12,695,775 Construction -Pump Station $ 2,000,000 $ 283,000 $ 2,283,000 Contigency $ 748,940 $ 748,940 Total Expenditures $ 16,100,000 $ 1,564,715 $ 17,664,715 R er'e camnvnuni y I e irons I i� t 1 9 rx � e 1887 Section 3: The Finance Director is directed to report periodically on the financial status of each project element in Section 2 and on the total revenues received or claimed. Section 4: Funds may be advanced from the General Fund and/or Water and Sewer Fund for the purpose of making payments as due. Reimbursement requests should be made to the Federal or State grantor agency in an orderly and timely manner. Compliance with all federal and state procurement regulations is required. Section 5: Within five (5) days after this ordinance is adopted,the City Clerk shall file a copy of this ordinance with the Finance Director. Section 6: This capital project ordinance shall be effective immediately. Duly adopted this 12th day of November 2024. ®woalgae,®® ® °boR �,q PO � Mel.' P. Elmore, ® . ®,� Moor Attest: ®�� SEAL j I i, " � a®� o+ad,, '1 CAR®®o®" BA5e99A0®_•••i c ; .i\N„.._., ® elissa R. Matti City Clerk 14gere communi y i,inn! R2024-45 ATTACH#8 11-12-24 RESOLUTION OF TENTATIVE AWARD � t Y ! � ���4,0 ;I cZrp WHEREAS,the City of Dunn,North Carolina has received bids,pursuant to duly ad notice therefore, for construction of the Effluent Conveyance Improvements for Cc l Contract 2 American Rescue Plan-Earmark Project No. SRP-W-ARP-0288, and WHEREAS Davis-Martin-Powell & Associates (Consulting Engineers) have review( and WHEREAS, Park Construction of N.C. was the lowest bidder for the Effluent Conveyance Contract 1 — Effluent Forcemain (SRP-W-ARP-0288), in the total bid amount of$12,695,775, and WHEREAS, J. Cumby Construction was the lowest bidder for the Effluent Conveyance Contract 2 — Effluent Pump Station (SRP-W-ARP-0288), in the total bid amount of$2,283,000 and WHEREAS, the Consulting Engineers recommend TENTATIVE AWARDS to the lowest bidders. NOW, THEREFORE, BE IT RESOLVED that TENTATIVE AWARDS are made to the lowest bidders in the Total Bid Amount of$14,978,775 BE IT FURTHER RESOLVED that such TENTATIVE AWARDS be contingent upon the approval of the North Carolina Department of Environmental Quality. Upon motion of Council Member 'Dv L • BJ'cLOIhOJY? , seconded by Council Member Prirtt fict-u.Ackek, , the above RESOLUTION was unanimously adopted. This the 12th day of November, 2024. c,®�P c William P. Elmore C. Mayor SEPX K;t)icti,.47 ,•°,;„0,9°°•• ••ci,„>%,:. elissa R. Matti City Clerk :' i OR;BIDS_ _q. - � �RECUE$TFF. � - -_ ` -..: GiITY�Q���DUNN ' BLACK RiVER WWTP EFFLUENT -- -, - _ AFI CONVEYANCE IMPROVEMENTS x A1N 11VIE?ROVEMEfVTS wR_ t?£;_=°.''�''��;y°z`4��<r: CONTRACT 1 EFFLUENT-FORCEMs._� BLACK RIVER WWTP/CONTRACT 1 - - - :Council-�Harnett.Coun. --North Carolina;until-.--;._,nt Sealed proposals will be received by thev:Dunn City ,a_ . << fY ; j�;. at 1: 0.pm:then ublicly<read-aloud-for:the.<construction of"Cit.':of=:Of,:::, Thursday:September 19, p .. ; P __ � • � Dunn,Black Diver WWTP Effluent Conveyance Improvements,Contract,l Effluent,F'orcemam Affidavit of Publication Dunn, ImproyeMents". . =1-73S:14:—3C1: Forcemain.;2 835-�' The construction work will consist of the following`inajo`r:quarFtities�}1 , �,j�., � ,i; j,__ ,x> ,_ °� all related a urtenanc`es..`° - - - L.F.HDD 30 Forcemain;and pp STATE OF NC -- } SS _ - COUNTY OF HARNETT Marked `. :`onr e`'artc,,„,,, } sealed and marked Ci of<Dunn,Black,RivervWWTPf•Efflue�t.C,_ ey. Proposals must be �......,,>,:. .,.< 3. . ,�. N ,�,,, ,>.�-�, _.u...,.,,".�_�.�2..,,=:._. .t.4z,; tract 1 Effluent°Forcemain.:Improvements":on the'outsideof�tl e envelope.:7-7, Improvements,-Con_ _ . �,4.__. All proposals must be submitted upon the'blank forms:provided'in the copies of the,Proposal, do ns. rnd S Co ntract to ct a Speci fications. The Undersigned, ned, bei ng duly sworn, says: vY-p ri io �f�`r�a'a ac[ =Bids o }me for receitaf P._�,,._._..,�,.v,._.. withdrawn?�af#er tale scheduled cto�rng,t ..., „___.._ p . No bid�may ba _ ��$ � ` � Idst�rll�be ctosin"�ti»e`far�recer�t�af�`B;r r aftervtkhe°.sctedu_led.c g.,. v..:10... a ..p.,._,f s _,:ill 4 ,r ninety(90)days:Airy Bida receiyadl,,__, -;.�._.,z_ �.:.�.,a��..�..,,. =: That she is Representative of the The Daily; - � . .. -_ eirF�ci.=of�g0-�u. . reserves the ri __ to retaiC Bids,f tr a>p>-,ri .:- .• =, • "rued gins Bidder.uno enutl Tl a ,KY-0-. ,. ,..,.0 ,,... : .ri:;. ...,,3,„t_::#•'-' _ ..,:.,s� .. :;. *_ dail newspaper of general circulation rtnte. =_- :}£. ., Y i t�re ce d a s fro ni P Y NC; that . published Y in Dunn Harnett Count i unt•of not�:less-th n.five�ercent of th_. publication, a copy of which is attached heret Each bid-must be accompanied byBid security`ini;anamo,,, �_ _Et3. ublished in the said newspaper on the follov amount of the Bid.Security may be in:the form of.cash,a certified check made,payable to;the City:'= , P P of Dunn,North Carolina and drawn on,a bank or trust company insured urlder the:.FederalrDeposit y 4V 2 2 24 tton or a Btdde rsB August 3 0 ora ranc e Co r Ins u , g P obtained in printed or'diital'forrt fromDuncaI ;Parnells_bid:room_at,...-,., .. Bidding-Documents may be ,, 9 . ., . ..;._:, ,. . : _..;__ ::..,<:..- F uncap- arnell,com/for;the,non-=refundable.price as listed.ori their--Website AIF: : - ; https://bidroom d p � ._..:. ..... ..,.;y to Duncan Parnell;:via their bidrroom P,rospectivee-=prime`.Ibidders:Gmust: ,{: payments are to he made ����,_ �; ,_ _�. . -. purchase Bidding Documents directly�through Duncan Darnell to be`'considered a bonafide bidder will be'res onsible for frill-zor�'partial sets of Bidding;Docunr ernts tincluding x This newspaper is qualified for legal advertisii Neither Owner nor Engineer �.�;p accordance with N.C.G.S. 1-597 AND 1-598 Addenda,obtained from any other source.:Alipayments Meld bp made to Duncan Parnell,via their bid room at https://bidroom.duncan=parnell.com/.If you need any assistancelordering or getting:.: ,-,.r y ,re isteredp email constech @ Duncan-Parnell.com:, - - 9 please That said newspaper was regularly issued an! _ documents maybe viewed at Construct Connect and Dodge°,Construction Network:_ ° ` ;„4° ; .. on thos dates. Bid (SA : ,' . , . , . A MandatoryPre-Bid Conference.will be heldThursde , . - —_ - -• ay.-September:5;=202,4 at-1,3O.pm City-,, =f-;` Hall 401 E.Broad Street,Minn,NC followed�by:-a'plant site.,visit .- 41 Representative . given onlyto Bids' Contractors who are;abletoz°submit:evidenceshoWing;ti at; Consideration��rill be � ..-- �� . _,.. , licensed under_"An Act to_Re.ulate-the.Practice;of:General Contracting";;--rat fiedw�by Subscribed to and sworn to me this 23rd day they are properly 9 2024. . :the General Assembly of_North Carolina on March 10,1925,`and so subsequently amended 'S. usur plus area-firms.are�encouraged to submit.bids' .Small;minority,and women s businesses-and labor_; p. _ and a Pa Ment'Bond�is re uired in an amountequ'al.t011oo:p�ercent;of the`. . , Both Performance Bond y ,9 Contract price,conditioned upon the faithful performance of the Contract-and upon the payment in full; ‘7,41re.-ciaos___IA_L/IN to all.persons supplying labor and,furnishing materials andAin connection with the construction of Harnett County, NC the proj ect;''ect: - �._ a =Resc `rrercan_ . 34rInfrastructure A 0 rt=b =tFte�D€Q=Division`°af�Vllate,. :.This project is being.funded in pa _y _ - ,.�_ My commission expires:July 23,2027 � P 1 > _=��°�� rt _� =:-t� _ � ,4{- ® =ARP-0288f`State:MB01100-::DBE Compliance=,Requrrements-, m Plan—Earmark Project No.S=:-{N ids:<�°' . o a -'n �rrrtafi"�tir�fo�re'ec t riY _ the ri�his to waive all t fo _1_.r>,.�., Y.,._. �:y The.Owner-reserves g Y- .tY . . Each Contractorsubmittin a:Propo-.sal.forthis_w, orkshal produce evtderce`of P erie. nce = cep ` ce`.tfis evden. 00032194 oc r attire...Coptgotot tfla re r�naf 1pTo°{prod,.. ,_,,._ i,T,. ,. 00080363 © y , constructing a projecfof•similar siie a ,_,. �r '� - de tf�e `Bid de�e ri if rile :are w. 9 to v =e re•e c rroa =b 1 Y. y 9 ' Clsifi sL as ed / e Is 9 a I NAy = t�'CAR _NO R H N ££� CITY OF DUNN , CTY 0 F�DU N ,Y 4vv Fes.=.... ;t�.vlul ana�ryCi�fe�iscfia nNe ve�e N1r:'St ,. g. y BOXT��4� PO 1065 r r:.fetl a r== .William-P:E o „ i hir. Y. DUNN N 28335 z�i Au .t '2a2 4 g tis - - i A 3 �/202 8/2 3 REQUEST FOR BIDS � CITY OF DUNN BLACK RIVER WWTP EFFLUENT / ConVEYANCE IMPROVEMENTS CONTRACT 2-E��L���T�����nA�OwR�������NQ / ��p . , . - _ACK R|VERW�[�ONT��2 �����/�����D City Council, ��� ' until Thursday.September "=,202°mu2'30 p `mmuux/mvvuwpuwicly,eao aI61Ad for the construction of"City~" Dunn,Black River W°"", =Effluent Conveyance Oo Contract 2—Effluent Pump Station Renovations". ,��"w�����"� ^�� Publication ' '''---- - - The construction work will indude'Ounm�uoUonnfanew���hca|bui . mmu new w oa/gear, ' rebuild of3 vertical turbine pump§,�and all related Civil, Mechanical,&Electrical VV061 rk . -ATE OFNC) 88 TP lack River W JUNTYOF HARNETT} | . 0mpmmrmmewtm Contract n-'EffluentDunn,Pump Station Renovation —Effluent- the i outside of the envelope.All proposals must be submitted upon the blank forms pro VAded in the ' copies of the Proposal, Contract and Specifications. ^ � m*Undersigned, being duly sworn, says: . No bid may bm withdrawn after the scheduled closing Uwe for receipt of Bidmfora period ( of ninety(90)days.Any Bids received after the scheduled closing time for receipt ofBids /ad she ioRepresentative of the The Daily Record, / will be rmtw''`ed»o the Bidder unopened.The City reserves the right koretaNvi Bids for a ]|y newspaper of general circulation, printed and / period of 90 days from receipt. b|iahedinOunn Harnett NC;' that ' Each bid must b accompanied security amount | �h b|�a�on' a copy ofwh�hiaa�achedh rabn '— ---- ''---- '-' ---than five |111- amount of the Bid.Security ' ' , --- ' --- - -' �Uahed in the said newspaper on the following ua�' OdynfDmm,North�m�o�and drawn ona �m���m��i�un� the Federal ^ �. Deposit Insurance Oorpnmbnn'oraEVddehoBond. ' \ /gust23,2O24 / ' BiddingDn�me�om bonb����phn�d digital from ` , ' - -. ___. . ~.. room at hft �"d on their . . -_-- -price-___ website.All be ir payments a -- ---- - ----`' —'-' '--- ---^'^�^�~`~~--r~~ / bidders must purchase Bidding Documents directly through Duncan Parnell considered responsiblebonaf ide bidder.Neither Owner nor Engineer will be /�nowopepar�qued�adfor�go odverUoinQin Documomo.indudingAddanda.ob�i.enfnnnany�hoacucs.�/payments ~ ,to bemade rdanoe withmouau l-,u/AND 1-5»9m oo Duncan Parnell,via their bid room othupa://bidmom any assistance ordering or getting registered,pleeoeemo|oonauach@Ounoon'PomE-/|�»m' -'said newspaper was regularly issued and circulp'. i those dates. Bid documents may be viewed euConstruct Connect and Dodge.Construction N(a5mvork. A Mandatory Pre-Bid Conference will be held Thursday,September m,2024'pg2:30pm City Hmff°401 E,Broad Strext,Dunn.NCfollowed by ap8ant site v|m!t. � )presentative Consideration will bo given only tn Bids of Contractors who are able tn submit evidonceshowing ibocdbedto and sworn tome this 23rd day oyA that they are properly licensed under"An-Act to Regulate the Practice of General Contracting", )24. ratified by the General Assembly of North Carolina on March 10, 1925,and 'so sUbsequently amended. ' ) Small, minority, vw ondomen'sbunnneueoondlaborouqduoeraafi �firms are submit bids. ^ , 8o� Pe�onnence8ondand Paym��Bond� i�di 100percent oo" 1arnott County, NC o'the Contract price,conditioned upon the faithful padonnonnenythe-Cmmnac and upon the | y commission expires: July 23.2027 payment in full to all persons supplying labor and furnishing materials for and iqi connection with the construction oY the project. »n ' ~ � ' This n being funded in part by the OEC-Oiviaionuf Water Infrastructure-American Pu Rescue Plan-Earmark.Project No.SRP-W-ARP-0288 State MBEMBE DBE Compliance Requirements. ' )032194 00080364 , The,Owner reserves the rights to waive any informality orto reject any oroUj]i�ds' oaoifieda/Lega|o |TY[)FDUNN Each Contractor submitting a Proposalfor this work shall produce evidence c4 experience hn ' D BOX 1O85 constructing a project of similar size and nature.Contractors that are unable to produce this UNN' NC28336 evidence may be rejected even if they are the low Bidder. ' CITY OF DUNN,NORTH CAROLINA Mr.Steven Neuonhafer,City ManagerGIN 6 Mr.William P Elmore,Jr.,Mayor August 2024 HE � m23/2u2* ° '