HomeMy WebLinkAbout06/23/2026 Regular CITY OF
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3 ATT# 1
NORTH C A R O L I N A 06-23-2026
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HONORING THE 250TH ANNIVERSARY OF THE UNITED STATE OF AMERICA
WHEREAS, the year 2026 marks the 250th anniversary of the founding of the United States of
America, commemorating the adoption of the Declaration of Independence on July 4, 1776,and the
birth of a nation dedicated to the principles of liberty, equality, self-government, and the pursuit of
opportunity; and
WHEREAS, for two and half centuries, the United States has endured and prospered through the
courage, sacrifice, innovation, and civic engagement of generations of Americans who have worked
to preserve and strengthen our democratic institution; and
WHEREAS, the Semiquincentennial provides an opportunity for Americans to reflect upon our
nation's history, honor the contributions of those who came before us, recognize the progress that
has been achieved, and renew our commitment to the ideals upon which our country was founded;
and
WHEREAS,the citizens of Dunn have contributed to the strength and vitality of our nation through
military service, public service, volunteerism, entrepreneurship, education, stewardship of our
natural resources, and active participation in civic life;and
WHEREAS, this historic milestone invites all residents to learn more about our nation's history,
celebrate our shared heritage, and inspire future generations to embrace the responsibilities and
privileges of citizenship; and
WHEREAS, throughout 2026, communities across the nation will participate in commemorative
events, educational programs, service projects, and celebrations recognizing America's 250-year
journey;
NOW, THEREFORE, I,William P. Elmore, Jr., Mayor of the City of Dunn, do hereby recognize and
commemorate the 250th Anniversary of the United States of America and encourage all residents to
observe this historic occasion by reflecting on our nation's history, honoring those who have served
and sacrificed for our freedom, and participating in activities that celebrate the enduring ideals of
liberty, democracy, and civic responsibility.
This the 23'd day of June, 2026
�t<<""'p.,', William P. Elmore,dr.
%``G'(`l OF o " Mayor
•
V a.11. ATTE
SEAL•
t t t ,.� elissa R. Matti
0 City Clerk
Rllere communi y I ejini!
CITY OF
P2026-14 ATT#2
DuNN06-23-2026
1887 NORTH CAROLINA
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HONORING SHERRILL ALLEN POPE
WHEREAS, Sherrill Allen Pope, a lifelong member of the Dunn Community, was born in 1926, the
150th anniversary of the signing of the United States of America Declaration of Independence; and
WHEREAS, Mr. Pope will celebrate his 100th birthday on July 4, 2026; and
WHEREAS, Mr. Pope began his service to our Country by serving in the North Carolina National Guard
and was drafted into the United State Army in 1944; and
WHEREAS, Mr. Pope served honorably for two years as a Combat Engineer in the European Theater
during the Second World War in General George S. Patton's Third Army; and
WHEREAS, after the War, Mr. Pope married Ms.Annie Lois Neighbors in 1947; and
WHEREAS, Mr. and Mrs. Pope were married for 58 years until Mrs. Pope's death in 2005; and
WHEREAS, Mr. Pope is the proud father of eight children, seven sons and one daughter; and
WHEREAS, in 1955, Mr. Pope was ordained as a minister with the Pentecostal Denomination,
headquartered in Falcon, North Carolina; and
WHEREAS, to provide far his young family, Mr. Pope worked at the local Coca-Cola bottling plant,
served as a minister, and worked at a local flea market; and
WHEREAS, Mr. Pope also served as Chaplin for Dunn Emergency Services where he comforted both
first responders and impacted citizens after traumatic events; and
WHEREAS, after 30 years of service, Mr. Pope retired from Coca-Cola in 1988; and
WHEREAS, the City of Dunn wishes to honor Mr. Pope on the occasion of his 100th birthday for his
service to our country and our community.
Now,THEREFORE, BE IT HEREBY PROCLAIMED that the City of Dunn hereby honors Sherrill Allen Pope as
a pillar of the Dunn community for his exemplary, devout, and patriotic life well lived and its positive
impact on others.
Proclaimed this the 23rd day of June, 2026. 444,
• G it-
William
P. Elmore, Jr., Ma r
-. " ATT ST -
aiNIL '/U
' -? �, Melissa M. Matti, City Clerk
iminii CITY OF
02002.1 A 6#3
MA
1887 D UNN
NORTH CAROLINA
Capital Project Ordinance Amendment I
2023 Paving Project
WHEREAS, the City Council for the City of Dunn, on June 14, 2022, adopted the Annual
Budget Ordinance Number 02022-08 for the fiscal year beginning July 1, 2022; and,
WHEREAS,the City Council, on March 9, 2021,approved a contract with SEPI Inc.to conduct
a City-wide Street Pavement Condition Study; and,
WHEREAS, the City Council, on November 15, 2021, approved a City-wide Pavement
Implementation Plan presented by SEPI Inc.; and,
WHEREAS, the City Council, on September 13, 2022, approved a loan with Truist Bank for
$1,000,000 to partially fund the City-wide Pavement Project; and,
WHEREAS, the City Council, on February 7, 2023, approved a Capital Project Ordinance
authorizing the above-mentioned project for a total budget amount of$2,100,000; and,
WHEREAS, it is necessary to amend this Capital Project to adjust the revenues and
expenditures to close out 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: Construction for the 2023 Paving Project is 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 construction and
related costs are approved as follows:
Previous Budget Revised
Funding Appropriations Budget Amendments Budget
Installment Financing $ 1,000,000 $ 1,000,000
Powell Bill Funds $ 545,000 $ 545,000
DMV License Fees $ 455,000 $ 455,000
Stormwater Funds $ 100,000 $ 76,929 $ 176,929
Total Funding $ 2,100,000 $ 76,929 $ 2,176,929
Expenditures:
Administration $ - $ 58 $ 58
Engineering $ 150,000 $ (92,670) $ 57,330
Construction $ 1,950,000 $ 26,625 $ 1,976,625
Transfers to Street Resurfacing Fund $ - $ 142,916 $ 142,916
Total Expenditures $2,100,000 $ 76,929 $2,176,929
1(J,e e comrnuni I eyim/
CITY OF
III DuNN
1887
NORTH CAROLINA
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 shall be effective immediately.
Duly adopted this 23rd day of June 2026.
aift,
William P. Elmore Jr.
Mayor
Attest:
.`,0 es.T Y OP 'It,,
•
lissa R. Matti :`�`~r� RPOq OG22'
City Clerk �.,.
SEAL •
` a1:
o l'„''''
Rgere eommuni y hps!
CITY OF DUNN BUDGET ORDINANCE AMENDMENT Department: Various
Budget Amendment#: 36
FISCAL YEAR ENDING: 6/30/2026 Date: 6/23/2026
Appropriation. Amountot Appropriation
.FUND I Acct# LINE'ITEM�DESCRIPTION,- .. Before Amendment After
Amendment - Increase/(Decrease) ' Amendment
2023 Paving Proj 100-0910-0001 Administration - 58.00 $ 58.00
2023 Paving Proj 100-0910-4000 Engineering 150,000.00 (92,670.00) 57,330.00
2023 Paving Proj 100-0910-7600 Construction 1,950,000.00 26,624.72 1,976,624.72
2023 Paving Proj 100-0910-8541 Oper Transfers to Street Resurfacing Fund - 142,916.28 142,916.28
Street Resurfacing 041-0841-7300 Paving and Resurfacing 1,270,000.00 142,916.28 1,412,916.28
• Stormwater 031-0831-8510 Oper Trfs to Capital Projects - 76,929.00 76,929.00
Stormwater 031-0831-5800 Reserve for Contingency 162,388.00. (76,929.00) 85,459.00
[EXPENDITURE TOTAL: - '$ :3,532,388.00 $ 219,845.28. '$ ,3,752,233.28
Appropfiation. : Amount of -Appropriation,
FUND .Acct# j i ..,—LINE ITEM DESCRIPTION' •Before .. Amendment After
Amendment Increased(Decrease) Amendment
Street Resurfacing 041-0369-0100 Oper Transfers from Fund 100 - $ 142,916.28 $ 142,916.28
$ -
2023 Paving Proj 100-0399-1431 Oper Transfers from Stormwater Fund $ 100,000.00 $ 76,929.00 $ 176,929.00
$ -
'REVENUE TOTAL: -- - $
_ 100000!00 '$' '219,845.28, $ - -'319;845.28
CERTIFICATION: I certify this requested budget amendment w s proved by the City Council on:
City Manager: 6/23/2026
Finance Director: C 6/23/2026
JUSTIFICATION: Close out the 2023 Paving _ jectand°;return funds to'the;Street
Resurfacing Fund.
FUNDING SOURCE: Operating transfer from the,capitalproject to the Street Resurfacing
Fund and iaddtl6funding'from the Stormwater Fund.
CITY OF 02026-11 ATT#3
06-23-2026
i., D UNN
NORTH CAROLINA
Capital Project Ordinance Amendment I
Convert Champion Pump Station to Gravity Flow
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, on September 12, 2023, the City Council approved a Capital Project Ordinance
authorizing the above-mentioned project for a total budget amount of$452,100; and,
WHEREAS, it is necessary to amend this Capital Project to adjust the Final Budget amounts
needed to complete and close 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: Engineering and construction services for the conversion of the Champion Pump
Station to Gravity Flow Project is 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 engineering are
approved as follows:
Previous Budget Revised
Funding Appropriations Budget Amendments Budget
Sewer Funds $ 52,100 $ 52,100
Installment Financing $ 400,000 $ 400,000
Total Funding $ 452,100 $ - $ 452,100
Expenditures:
Engineering $ 67,200 $ (5,344) $ 61,856
Construction $ 334,500 $ 52,655 $ 387,155
Contingency $ 50,400 $ (50,400) $ -
Transfers to Sewer Fund $ - $ 3,089 $ 3,089
Total Expenditures $ 452,100 $ - $ 452,100
Section 3: Funds may be advanced from the Water and Sewer Fund for the purpose of making
payments as due.
'Mere cammuni &Dins!
CITY OF
11M DuNN
1887 NORTH CAROLINA
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 shall be effective immediately.
Duly adopted this 23rd day of June 2026.
VOW //
William P. Elmo .
Mayor
Attest:
/ G1TY ,
ORPOR
Melissa R. Matti = •- •' G AT =
City Clerk S
• y'. EAL
ARO
'Mere cammunift IreJc ins!
CITY OF DUNN BUDGET ORDINANCE AMENDMENT Department: Various
Budget Amendment#: 35
FISCAL YEAR ENDING: 6/30/2026 Date: 6/23/2026
1 ';a`Appropriation. Amount of Appropriation
FUND Acct:#' LINE ITEM DESCRIPTION Before Amendment After '
I _ - Amendment _... Increase/(Decrease) Amendment:
Champion PS Proj 083-0930-4000 Engineering 67,200.00 (5,344.00) $ 61,856.00
Champion PS Proj 083-0930-7600 Construction 334,500.00 52,654.62 387,154.62
Champion PS Proj 083-0930-0002 Contingency 50,400.00 (50,400.00) -
Champion PS Proj 083-0930-8530 Oper Transfers to Sewer Fund - 3,089.38 3,089.38
'EXPENDITURE TOTAL: - _ $,` 452,100.00 -$ $ 452;100.00
- - a _ - . Appropriations Arnount.of Appropriation
FUND �Acct.-# LINE ITEM DESCRIPTION Before Amendment After i
_ _ : _._.__ ._ Amendment Increase.Y,(Decrease) -_ Amendments
Sewer 030-0369-0083 Oper Trfs fr Fund 83 - $ 3,089.38 $ 3,089.38
Sewer 030-0390-4000 Fund Balance Appropriation $ 489,098.00 $ (3,089.38) $ 486,008.62
$ - .
$ -
[REVENUE TOTAL: '$ � 489,098.00 $ $ - 489,098100
CERTIFICATION: I certify this requested budget amendment : s approved by the City Council on:
City Manager: ,e,� / 6/23/2026
Finance Director: r - ��C�,,c / 6/23/2026
JUSTIFICATION: Close oupthe Champion Pump Station.Project and return funds:tothe
Sewer Fund reserves.
FUNDING SOURCE: Operating transfer from the capital,project;to the Sewer Fund't
City of Dunn, NC
Request for Qualifications (RFQ)
2026
APPENDIX A •
Arf#a
06-23-2026
CITY OF DUNN, NORTH
CAROLINA MASTER SERVICE
AGREEMENT FOR
ON-CALL PROFESSIONAL GENERAL ENGINEERING SERVICES
THIS AGREEMENT ("Master Service Agreement" or "MSA") is made and entered into
as of the 23'd day of June , 2026, by the City of Dunn ("City") and
("Consultant"), organized and existing under the laws of the State of North Carolina.
WHEREAS, the City desires to engage the Consultant to provide On-Call
Environmental, Transportation, Utility, and General Engineering Professional Services
related to municipal general engineering, construction, and inspections as set forth in
and in accordance with Supplemental Service Agreements ("SSA"); and
WHEREAS, the City issued a Request for Qualifications for On-Call General
Engineering Services dated Monday,April 20th, 2026; and
WHEREAS, Consultant provides professional consulting services and has expertise,
staff, and resources to perform such services;
NOW, THEREFORE, City and Consultant, in consideration of mutual covenants,
herein agree as follows:
SECTION I. BACKGROUND&PURPOSE
The purpose of the City's on-call process is to secure more than one general
engineering professional to provide professional on-call engineering services. The
purpose of this Agreement is to provide the basic terms and conditions by which
Consultant will provide its services to the City, as the need for services may arise, and
in accordance with the standards and requirements as described herein, and in each
SSA.
SECTION II. SERVICES & SCOPE TO BE PERFORMED
The Consultant shall perform on-call services as set forth in this MSA and future
SSA(s) and the sufficiency of funding. No services shall commence on a particular
project until an SSA has been executed by both parties, and the City has issued a
Notice-to-Proceed to Consultant. Any amendments, corrections, or change orders by
either party must be made in writing and signed in the same matter as the original. The
City reserves the right to refuse payment for any work outside that authorized herein or
pursuant to a duly approved amendment or change order.
Services to be provided shall be set forth in an SSA and amendments to that
Page 1 of 11
City of Dunn, NC
Request for Qualifications (RFQ)
2026
agreement. The SSA may also include additional terms and conditions regarding
payment and other matters necessary for the execution of projects. SSAs shall not
vary the terms of this Agreement, except where this Agreement authorizes such
variance, and shall be interpreted consistently with this Agreement. If there is a conflict
between this Agreement and SSAs, this Agreement shall control.
The City has no obligation to provide services with any work hereunder and does not
guarantee the issuance of any minimum number of SSAs under this Agreement.
Consultant represents and agrees that now and continuing for the term of this
Agreement,
Consultant:
• Is experienced, qualified, skilled, and fully capable of performing services in a
competent and professional manner; and
• Shall exercise reasonable care and diligence, and shall act in the best interest
of City; and
• Shall act in accordance with general accepted standards of Consultant's practice
applicable to the locality; and
• Shall comply with this Agreement, applicable SSAs, and with all applicable
federal, state, and Local laws, ordinances, codes, rules, and regulations
(collectively "Laws and Regulations"); and
• Possesses all necessary qualifications, licenses, and certifications; and
• Shall perform in a timely manner and in accordance with scheduled required
under this Agreement or an applicable SSA,time being of the essence; and
• Shall work in good faith with City to meet requirements imposed by the federal
or state government or other funding agencies if grants are used to fund any
portion of projects; and
• The individual(s) signing Agreement has the right and power to do so and bind
Consultant to the obligations set forth herein and such individual(s) does so
personally warrant that they have such authority.
SECTION III.AGREEMENT DURATION
The agreement shall authorize SSAs to be executed for a three year period from the
date of execution of this Agreement. Any SSA executed within period of execution of
this Agreement shall be binding for period set forth therein, and this Agreement and
such SSAs, and amendments to such agreements, shall be binding for the time period
set forth in the SSA. Any SSA executed within this three-year period may be amended
for additional scope, fee, or time. This Agreement may be extended by three (3) one (1)
year periods upon written agreement from both parties. Each one-year extension
period must be agreed upon separately and cannot be combined in the same
extension agreement.
Page 2 of 11
City of Dunn, NC
Request for Qualifications(RFQ)
2026
Services shall commence upon execution of SSAs describing the specific project and
services to be performed. A written Notice-to-Proceed following execution of such
SSA(s) will be issued to the Consultant. Consultant will not commence services until
such notice is received.
SECTION IV. COMPLETE WORK WITHOUT EXTRA COST
Unless otherwise provided, the Consultant shall obtain and provide, without
additional cost to the City, all labor, materials, equipment, transportation, facilities,
services, permits, and licenses necessary to perform the services.
SECTION V. COMPENSATION
The terms of payment for services provided by Consultant shall be set forth in each
SSA. Such agreement may provide for compensation in accordance with an hourly rate
schedule, or set fee for services, paid one time or in periodic payments, or a
combination of these methods of compensation.
Unless otherwise provided in the SSA, Consultant shall obtain and provide, without
additional cost to the City, all labor, materials, equipment, transportation, facilities,
services, permits, and licenses necessary to perform services under this Agreement.
In addition to hourly rates or the set fee payment set forth in the SSA, City shall pay
Consultant for expenses and costs only when reimbursement for such items is
specifically provided for in an SSA. The City shall not be obligated to pay any expenses
and costs not specifically identified in an SSA.
SECTION VI. CONSULTANT BILLING TO CITY
The Consultant shall submit an invoice once service is complete or at designated
times during the course of completing service. Once the invoice is submitted and
approved by the appropriate City department the terms will be net 30 days. The terms
may only be changed by written consent of the City's Finance Director.
SECTION VII. INSURANCE
Consultant shall maintain insurance policies at all times with limits as follows:
Coverage Minimum Limits
Workers'Compensation Statutory Limits Employers'
Liability $1,000,000 Each Accident
General Liability $2,000,000 Each Occurrence
Automobile Liability $1,000,000 Combined Single Limit—Any Auto
Professional Liability (E&O) $2,000,000 Each Occurrence
Page 3 of 11
City of Dunn, NC
Request for Qualifications (RFQ)
2026
Consultant shall provide the City with certificates of insurance for review prior to the
issuance of any contract or purchase order. All certificates of insurance will require
thirty days written notice by the insurer or consultant's agent in the event of
cancellation, reduction or other modifications of coverage. In addition to this notice
requirement, Consultant shall provide the City with immediate written notice of
cancellation, reduction, or other modification of insurance coverage. Upon failure of
the Consultant to provide such notice, Consultant assumes sole responsibility for all
losses incurred by the City for which insurance would have provided coverage.
Insurance certificates shall be for the initial contract period of one year and shall be
renewed by the Consultant for each subsequent renewal period of the contract. The
City of Dunn shall be listed as certificate holder and named as an additional insured
under General Liability Policy. It is required that coverage be placed with "A" rated
insurance companies acceptable to the City. Consultant's insurance shall be
primary of any self-funding and/or insurance otherwise carried by the City for all loss
and damages arising from the Consultant's operations under this agreement. The
Consultant and each of its subconsultants/subcontractors shall and does waive all
rights of subrogation against the City and each of the indemnitees. Failure to maintain
the required insurance in force may be cause for contract termination. In the event ,
that the Consultant fails to maintain and keep in force the insurance herein required,
the City has the right to cancel and terminate this Agreement without notice.
SECTION VIII. PERFORMANCE OF WORK BY CITY
If the Consultant fails to perform the services in accordance to Section II above, the
City may, at its discretion, in order to bring the project closer to schedule, perform or
cause to be performed some or all of the services, and doing so shall not waive any of
the City's rights and remedies. Before doing so, the City shall give the Consultant
reasonable notice of its intention. The Consultant shall reimburse the City for all costs
incurred by the City in exercising its right to perform or cause to be performed some or
all of the services pursuant to this section.
SECTION IX. ATTACHMENTS
The following attachments are made a part of this Agreement and incorporated herein
by reference:
Attachment A: Scope of Work
Attachment B: Hourly Rate
Attachment C:Title VI Appendment
SECTION X. NOTICE
All notices and other communications required or permitted by this contract shall be
in writing and shall be given either by personal delivery, email, or certified United States
mail, return receipt requested, addressed as follows:
Page 4 of 11
City of Dunn, NC
Request for Qualifications (RFQ)
2026
To the City: To the Consultant:
City of Dunn Firm Name
Alexander Abling, Special Projects Contact Person, Title
Manager
PO Box 1065 Mailing Address
Dunn, NC 28335 City, State, Zip Code
910-230-3500 Telephone Number
aabling@dunn-nc.org Email Address
Page 5 of 11
City of Dunn, NC
Request for Qualifications (RFQ)
2026
•
A change of address, phone number, email address, or person to receive notice may
be made by either party by notice given to the other party. Any notice or other
communication under this contract shall be deemed given at the time of actual
delivery, if it is personally delivered or sent by email. If the notice or other
communication is sent by United States mail, it shall be deemed given upon the tenth
calendar day following the day on which such notice or other communication is
deposited with the United States Postal Service or upon actual delivery, whichever
occurs first.
SECTION Xl. INDEMNIFICATION
To the extent permitted by law, the Consultant agrees to pay on behalf of, indemnify,
and hold-harmless the City of Dunn, its elected and appointed officials, employees,
agents, and volunteers against any and all claims, demands, fault, actual liabilities,
assertions of liability, expenses, suits, or losses, including all costs connected
therewith, which may be asserted, claimed, or recovered against or from the City of
Dunn, its elected or appointed officials, employees, agents, and volunteers by
reason of personal injury, including bodily injury or death and/or property damage,
including loss of use thereof resulting from the negligence of the Consultant.
SECTION XII.ADDITIONAL PROVISIONS
(a) Choice of Law and Forum: This Agreement shall be deemed made in Harnett
County, North Carolina. This Agreement shall be governed by and construed in
accordance with the law of North Carolina. The exclusive forum and venue for
all actions arising out of this contract shall be the appropriate division of the
North Carolina General Court of Justice, in Harnett County. Such actions shall
neither be commenced in nor removed to federal court. This section shall not
apply to subsequent actions to enforce a judgment entered in actions heard
pursuant to this section.
(b) Waiver: No action or failure to act by the City shall constitute a waiver of any of
its rights or remedies that arise out of this Agreement, nor shall such action or
failure to act constitute approval of or acquiescence in a breach thereunder,
except as may be specifically agreed in writing.
(c) Performance of Government Functions: Nothing contained in this contract
shall be deemed or construed so as to in any way stop, limit, or impair the City
from exercising or performing any regulatory, policing, legislative,
governmental, or other powers or functions.
Page 6 of 11
City of Dunn, NC
Request for Qualifications (RFQ)
2026
(d) Severability: If any provision of this contract shall be unenforceable, the
remainder of this contract shall be enforceable to the extent permitted by law.
(e) Assignment, Successors and Assigns: Without the City's written consent, the
Consultant shall not assign (which includes to delegate) any of its rights
(including the right to payment) or duties that arise out this Agreement. Unless
the City otherwise agrees in writing, the Consultant and all assigns shall be
subject to all of the City's defenses and shall be liable for all of the Consultant's
duties that arise out of this contract and all of the City's claims that arise out of
this contract. Without granting the Consultant the right to assign, it is agreed
that the duties of the Consultant that arise out of this contract shall be binding
upon it and its heirs, personal representatives, successors, and assigns.
(f) Compliance with Law: In performing all of the Work, the Consultant shall
comply with all applicable law.
(g) City Policy: The City opposes discrimination on the basis of race and sex and
urges all of its contractors to provide fair opportunity for minorities and
women to participate in their workforce and as subconsultants and vendors
under City contracts.
(h) EEO Provisions: During the performance of this Agreement the Consultant
agrees as
follows:
(1) The Consultant shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex,
national origin, political affiliation or belief, age, or handicap. The
Consultant shall take affirmative action to ensure that applicants
are employed and that employees are treated equally during
employment, without regard to race, color, religion, sex, national
origin, political affiliation or belief, age, or handicap. The
Consultant shall post in conspicuous places available to
employees and applicants for employment, notices setting forth
these EEO provisions.
(2) The Consultant in all solicitations or advertisements for
employees placed by or on behalf of the Consultant, state all
qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, national origin, political
affiliation or belief, age, or handicap.
Page 7 of 11
City of Dunn, NC
Request for Qualifications (RFQ)
2026
(i) No Third Party Right Created: This contract is intended for the benefit of the City
and the Consultant and not any other person.
0) Principles of Interpretation: In this contract, unless the context requires
otherwise: The singular includes the plural and the plural the singular. The
pronouns "it" and "its" include the masculine and feminine. Reference to
statutes or regulations include all statutory or regulatory provisions
consolidating, amending, or replacing the statute or regulation. References to
contracts and agreements shall be deemed to include all amendments to
them. The word "person" includes natural persons, firms, companies,
associations, partnerships, trusts, corporations, governmental agencies and
units, and any other legal entities.
(k) Modifications, Entire Agreement: A modification of this contract is not valid
unless signed by both parties and otherwise in accordance with requirements
of law. Further, a modification is not enforceable against the City unless the
City Manager or other duly authorized official signs it for the City. This contract
contains the entire agreement between the parties pertaining to the subject
matter of this contract. With respect to that subject matter, there are no
promises, agreements, conditions, inducements, warranties, or
understandings, written or oral, expressed or implied, between the parties,
other than as set forth or referenced in this contract.
(I) E-Verify: Consultant shall comply with the requirements of Article 2 of Chapter
64 of the NC General Statutes. Further, if Consultant utilizes a subconsultant,
Consultant shall require the Subconsultant to comply with the requirements of
Article 2 of Chapter 64 of the NC General Statutes.
(m) Iran Divestment Act: Consultant certifies that; (i) it is not identified on the Final
Divestment List or any other list of prohibited investments created by the NC
State Treasurer pursuant to N.C.G.S. 143-6A-4; (ii) it will not take any action
causing it to appear on any such list during the term of this Contract, and (iii) it
will not utilize any subcontractor to provide goods or services hereunder that is
identified on any list.
(n) Divestment from Companies that Boycott Israel: Consultant represents,
covenants, and certifies that it is not listed on the list of restricted companies
developed and published by the North Carolina State Treasurer as required by
N.C.G.S. 147-86.81.
(o) Quality and Workmanship: All work performed and/or services rendered shall be
performed to the satisfaction of the City of Dunn. The work performed and/or
services rendered shall not be considered complete, nor applicable payments
Page 8 of 11
City of Dunn, NC
Request for Qualifications(RFQ)
2026
rendered, until the City is satisfied with the work performed and/or services
rendered.
(p) Standard Terms and Conditions: The City of Dunn's Standard Terms and
Conditions will govern all matters related to the goods and/or services provided
by you or your company (the "Vendor") to the City of Dunn (the "City").
Additional terms and conditions stated on the face of a City purchase order shall
take precedence over any conflicting standard terms and conditions stated. Any terms
and conditions not stated, but incorporated by reference therein, shall be binding only
if provided or signed by the City and attached hereto. In the event that a binding written
contract signed by both the Consultant and the City exists, the Terms and Conditions
of that contract shall supersede any conflicting standard terms and conditions.
(q) Non-appropriation clause: Consultant acknowledges that the City of Dunn is a
governmental entity, and the contract validity is based upon the availability of
public funding under the authority of its statutory mandate. In the event that
public funds are unavailable and not appropriated for the performance of the
City of Dunn's obligations under this contract, then this contract shall
automatically expire without penalty to the City of Dunn thirty (30) days after
written notice to Consultant of the unavailability and non-appropriation of
public funds. It is expressly agreed that the City of Dunn shall not activate this
non-appropriation provision for its convenience or to circumvent the
requirements of this contract, but only as an emergency fiscal measure during
a substantial fiscal crisis, which affects generally its governmental operations.
In the event of a change in the City of Dunn's statutory authority, mandate and
mandated functions, by state and federal legislative or regulatory action, which
adversely affects the City of Dunn's authority to continue its obligations under
this contract, then this contract shall automatically terminate without penalty
to the City of Dunn Forest upon written notice to Consultant of such limitation or
change in the City of Dunn's legal authority.
(r) No pledge of taxing authority:The taxing power of the City of Dunn is not pledged
directly or indirectly to secure any monies due under this contract.
(s) No waiver of governmental immunity; violation of law: Except for waiver of
governmental immunity resulting from the execution of a valid contract, the City
of Dunn makes no other waiver of governmental immunity. If any provision of
this Agreement is in violation of any legal, statutory or state constitutional
prohibition, then such provision(s) shall be unenforceable against the City of
Dunn.
(t) Conflict of Interest: If this is a contract for design, engineering, contract
administration or similar services, the Consultant will not enter into contracts
or agreements with third parties that may present a potential for conflict of
interest between the City of Dunn and the third parties regarding the subject
Page 9 of 11
City of Dunn, NC
Request for Qualifications (RFQ)
2026
matter of this Agreement.
(u) Public Record: This Contract or Agreement is subject to disclosure under the
public records laws of the State of North Carolina.
(v) Contractor shall provide proof that a Drug-Free Workplace Program is in place
and that drivers meet DOT/CDL licensing requirements, if requested.
SECTION XIII. TERMINATION
Either party may terminate this Agreement upon 60 day written notice; provided,
however, no such termination shall discharge Consultant's obligations to complete
and furnish services as previously agreed to by the parties pursuant to this Agreement
or any Supplemental Service Agreement, nor shall termination discharge the City's
obligations to pay for such services as provided for in this Agreement or any
Supplemental Service Agreement.
[SIGNATURE PAGE FOLLOWS]
Page 10 of 11
City of Dunn, NC
Request for Qualifications (RFQ)
2026
IN WITNESS WHEREOF, the City of Dunn and FIRM NAME have caused this
Agreement to be executed under seal by their respective duly authorized agents or
officers.
CITY OF DUNN:
Justin B. Hembree, City Manager
Attest:
Melissa R. Matti, City Clerk
FIRM NAME:
Name, Title
Attest:
Name, Title
Page 11 of 11
ATT# 5
06-23-2026
Governing Body Resolution
of the
City of Dunn
WHEREAS, certain municipalities and other units of local government of the State of
North Carolina, as defined in G.S. 160A-460(2), have agreed to create the NORTH
CAROLINA INTERLOCAL RISK MANAGEMENT AGENCY and have agreed to pool the risks of
their workers' compensation liabilities and payment of claims for employers' liability
coverage pursuant to, and to be governed by, the provisions of North Carolina General
Statutes 160A-460 et seq. (Part 1 of Article 20 of Chapter 160A);
NOW, THEREFORE, BE IT RESOLVED that the above named unit of local
government elects to become a member of the NORTH CAROLINA INTERLOCAL RISK
MANAGEMENT AGENCY upon the terms and conditions stated in the"Interlocal Agreement
for a Group Self-Insurance Pool For Workers' Compensation Risk Sharing," with such
future policy renewals constituting a continuing ratification of this decision to be a member
of the Agency and to abide by the terms and conditions of the Interlocal Agreement.
NOW,THEREFORE,BE IT FURTHER RESOLVED that the duly authorized officials
of the above named unit of local government are directed to execute in the name of said
unit the"Interlocal Agreement for a Group Self-Insurance Pool for Workers'Compensation
Risk Sharing,"a copy of which is attached to and made a part of this Resolution.
I certify that this is a true and correct copy of this Resolution,duly adopted by the governing
body on the 23`1 day of June, 2026, as it appears of record in its official minutes.
City of Dunn
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By: .'••Gg1Y OF���'.
William P. 1 ore, Jr., Mayor ,4Z%:`-• • 22,
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Melissa R. lotatti, City Clerk (SEAL)
INTERLOCAL AGREEMENT FORA GROUP
SELF-INSURANCE POOL
FOR WORKERS'COMPENSATION RISK SHARING
This Agreement, made and entered into in duplicate originals this 23rd day of June, 2026, by and
between all the parties who are now, or may hereafter become, members of the North Carolina
Interlocal Risk Management Agency (hereinafter"Agency"):
WITNESSETH:
WHEREAS, certain municipalities and other units of local government of the State of North
Carolina have agreed to create the Agency and have agreed to pool the risk of their workers'
compensation liabilities and payment of claims for employers' liability coverage pursuant to, and
to be governed by, the provisions of North Carolina General Statutes 160A-460 et seq. (Part 1 of
Article 20 of Chapter 160A); and
WHEREAS, the members of the Agency have agreed upon designation of a Board of Trustees to
direct the affairs of the Agency,to adopt rules,regulations,policies, and bylaws for implementing
and administering the Agency,and to pass upon the admissibility of future members of the Agency;
and
WHEREAS, the members have designated the North Carolina League of Municipalities as
Administrator of the Agency, subject to the provisions of this Agreement and the policies adopted
by the Trustees, and;
WHEREAS,by this Agreement the Agency will undertake to discharge, solely from the assets of
this Agency, by payment, any lawful workers' compensation and employers' liability claims
against any member of the Agency, which awards shall have been sustained by final judgment
where suit shall have been filed, or by the rules of the Agency if settlement is made before suit is
filed; and
WHEREAS,the members of the Agency agree to pay premiums and/or contributions based upon
appropriate classifications, rates, and experience modifications, and other criteria established by
the Trustees, out of a portion of which the Agency will establish and maintain a fund for the
payment of workers'compensation and employers'liability claims and awards and further,that the
members covenant and agree that there will be no disbursements out of this fund by way of
dividends or distribution of accumulated reserves to the respective members, except at the
discretion of the Trustees; and
'WHEREAS, the members of the Agency, through the action of their respective governing bodies
have elected to comply with the conditions of this Agreement; NOW, THEREFORE, for and in
consideration of the mutual covenants,promises,and obligations herein contained,which are given
to and accepted by each member hereof to the other,the parties hereto agree as follows:
SECTION I. PURPOSE OF AGREEMENT; COMPOSITION OF BOARD OF
TRUSTEES
NCIRMA 2026 1
The purpose of the Agency established by the signatories hereto is to allow members to pool the
risk of their workers' compensation liabilities and payment of claims for employers' liability
coverage. To this end, the Agency shall be governed by a Board of Trustees made up of eleven
(11) officials or employees of units of local government. Trustees shall be appointed for three (3)
year overlapping terms by the Board of Directors of the North Carolina League of Municipalities
and shall serve no more than two consecutive terms. No individual shall serve concurrently on the
Board of Trustees and the League's Board of Directors. In addition,the Executive Director of the
North Carolina League of Municipalities shall serve as an ex-officio, nonvoting member of the
Board of Trustees: the ex-officio position shall not have a committee assignment, nor shall the
position serve as an officer of the Board of Trustees.
II. TRUSTEES'POWERS, DUTIES,LIABILITY,AND INDEMNITY
The Trustees shall have the following powers and duties, in addition to those set forth elsewhere
in this Agreement:
1. To establish guidelines for membership in the Agency;
2. To establish the terms and conditions of coverage, including underwriting criteria
and exclusions from coverage;
3. To ensure that all valid claims are promptly paid;
4. To establish, operate, and enforce rules, regulations, policies, and bylaws as
between the individual members of the Agency and the Agency;
5. To enter into agreements with such persons, firms, or corporations as it deems
appropriate to adjust claims;promote membership in the Agency; provide actuarial
and underwriting services; defend against claims and lawsuits; provide accounting
services; obtain excess insurance or reinsurance coverage, if available, designed to
protect the Agency against excess losses; invest the assets of the Agency; provide
loss control and other risk management services for the Agency and member units;
maintain records and accounts;and provide any other service necessary or desirable
for the sound operation of the Agency;
6. To lease or rent real and personal property it deems to be necessary;
7. To borrow or raise monies for the purpose of the Agency to the extent that the
Trustees shall deem desirable upon such terms and conditions as the Trustees in
their absolute discretion may deem desirable or proper, and for any sum so
borrowed to issue their promissory note as Trustees and to secure the repayment
thereof by pledging all or any part of the pool; and no person or entity lending
money to the Trustees shall be bound to see to the application of the money lent or
to inquire into the validity, expediency, or propriety of any such borrowing;
8. To rate individually any member unit with rates different from the group rates when
the loss experience of the unit warrants such individual rating, in the discretion of
the Trustees;
NCIRMA 2026 2
9. To take measures to maintain claim reserves equal to known incurred losses and
loss adjustment expenses and to maintain an estimate of incurred but not reported
losses; and
10. To take all necessary precautions to safeguard the assets of the Agency.
The Trustees shall use ordinary care and reasonable diligence in the exercise of their powers and
in the performance of their duties hereunder. The members agree that the Trustees shall not be
liable for any mistake of judgment or other action made,taken, or omitted by any employee, agent,
contractor, subcontractor, or independent contractor selected with ordinary care and reasonable
diligence; nor for loss incurred through investment of Agency money or failure to invest. No
Trustee shall be liable for any action taken or omitted by any other Trustee. The Trustees shall not
be required to give a bond or other security to guarantee the faithful performance of their duties
hereunder.
The members of the Agency agree that, for the payment of any claim against the Agency or the
performance of any obligation of the pool hereunder, resort shall be had solely to the assets of the
Agency,and neither the Trustee nor the Administrator shall be liable therefore. Further,the Agency
shall indemnify and hold harmless the Trustees against any and all claims, suits, actions, debts,
damages,costs, charges, and expenses (including but not limited to court costs and attorneys'fees)
and against all liability, losses, and damages of any nature whatever,that the Trustees shall or may
at any time sustain, or be put to, by reason of the exercise of their power and in the performance
of their duties hereunder, or by reason of any mistake of judgment or other action made, taken, or
omitted by any employee, agent, contractor, subcontractor, or independent contractor, or for loss
incurred through investment of Agency money or failure to invest.
SECTION III. PAYMENT OF CLAIMS
The members of the Agency agree that, for the payment of any workers' compensation or
employers' liability claim against the Agency or the performance of any obligation arising
hereunder, resort shall be had solely to the assets of the Agency, and neither the Trustees nor the
Administrator shall be liable therefore. Accordingly, lawful claims will be paid from the assets of
the Agency pursuant to the types and levels of coverage established by the Board of Trustees.
The Board of Trustees shall establish a schedule of types and monetary levels of coverages for
which the Agency shall be responsible on behalf of its members, including provisions for levels of
coverage for which the members shall be individually responsible. Such types and levels of
coverage may vary according to population classifications of members, mutual agreement of the
Agency and a member, or such other criteria as may be established by the Board of Trustees. The
types and level of coverage for each member shall be shown on a Coverage Document provided to
each member. The Agency shall pay all claims (less the applicable deductible) for which each
member incurs liability during each member's period of membership except where a member has
individually retained the risk,where the risk is not covered, and except for amount of claims above
the coverage provided by the Agency. The schedule so established may, from time to time, be
amended by the Board of Trustees (but not during any coverage period) to sustain the financial
NCIRMA 2026 3
integrity of the Agency or to reflect the desires of the members as determined by the Board of
Trustees.
SECTION IV. MUTUAL COVENANT OF RISK SHARING
The members intend this Agreement as a mutual covenant of risk sharing and not as a partnership.
No member by reason of being a member of the Agency and contributing to the pool shall be liable
to the Agency, to any other member, or to any claimant, except for the payment of the premiums
and/or contributions provided for in its application for membership and joinder in this Agency, and
for any necessary additional assessments levied by the Trustees to offset a claims fund deficiency.
SECTION V. ADMINISTRATOR'
The North Carolina League of Municipalities, an unincorporated association with offices at 434
Fayetteville Street, Suite 1900,Raleigh,North Carolina,27601, is designated as the Administrator
of the Agency. Subject to the services and sponsorship agreement between the Administrator and
the Agency, the Administrator shall provide day-to-day management of the Agency and shall have
the authority to contract with third parties for provision of services. The Administrator may
establish offices where necessary within the State of North Carolina and employ staff to carry out
the Agency's purpose. The Administrator shall deposit to the account of the Agency at any
financial institution or financial institutions designated by the Trustees all premiums and/or
contributions as collected and such monies shall be disbursed and/or invested only as provided by
the rules, regulations, policies, and bylaws of the Trustees. The Administrator may enter into
financial services agreements with financial institutions and issue checks in the name of the
Agency. The Administrator shall receive such compensation as shall be determined from time to
time by written agreement with the Trustees.
SECTION VI. ADMISSION TO MEMBERSHIP; SUSPENSION & EXPULSION
All members of the Agency hereby agree that the Trustees may admit as members of this Agency
only the units of local government set forth in North Carolina General Statutes 160A460 et seq.
(Part 1 of Article 20 of Chapter 160A). The Trustees shall be sole judge of whether or not an
applicant shall be admitted to membership. Except as otherwise provided in Section VII (i) of this
Agreement, a member may be suspended or expelled by the Trustees from the Agency only after
forty-five (45) days' notice has been delivered to the member in accordance with Section XV of
this Agreement. No payment shall be required by the Agency as a result of any workers'
compensation or employers' liability claim of the suspended or expelled member occurring after
forty-five (45) days' notice has been delivered to the member in accordance with Section XV of
this Agreement. _
SECTION VII. RULES, REGULATIONS,POLICIES,AND BYLAWS;
MEMBERS'RESPONSIBILITIES
The rules, regulations,policies, and bylaws for the administering of the Agency and the admission
and expulsion or suspension of members shall be promulgated by the Trustees. In addition, each
member of the Agency agrees as follows:
NCIRMA 2026 4
(a) To make prompt payment of all premiums and/or contributions as required by the
Trustees;
(b) To (and they do hereby) appoint the Trustees and Administrator as its agent and
attorney-in-fact, to act on its behalf and to execute all contracts, reports, waivers,
agreements, excess insurance or reinsurance contracts, and service contracts; and
to make or arrange for payment of claims, medical expenses, and all other things
required or necessary;
(c) In the event of an accident or a claim reported by a member, to make immediate
provision for remedial care for its employee, and to give immediate notification of
the claim to the Administrator on the prescribed forms;
(d) To permit the Agency to defend in the name of and on the behalf of the members
any suits or other proceedings which may at any time be instituted against them on
account of injuries or death within the purview of the North Carolina Workers'
Compensation Act or employers' liability coverage, including suits or other
proceedings alleging such injuries and demanding damages or compensation
therefore (although such suits, other proceedings, allegations, or demands are
considered to be wholly groundless, false, or fraudulent) and to pay all judgments
or costs taxed against members in any legal proceeding which is so defended at the
direction of the Agency, all interest accruing after entry of judgment and all
expenses which are incurred pursuant to the direction of the Agency for
investigation, negotiation, or defense. It is agreed that the Agency shall make all
final decisions regarding the legal defense of claims, and shall have absolute and
conclusive authority with regard to defense, settlement, and payment of claims. It
is agreed that the independent settlement or payment of any claim by or on behalf
of a member without approval of the Agency shall be at the sole cost of the settling
member without any reimbursement or other resources from the Agency and may
be grounds for expulsion of the member from the Agency;
(e) To cooperate in all respects with the Agency, the Trustees, the Administrator, and
any contractors of the Agency in carrying out the purposes of this Agreement;
(f) In the event of the payment of any loss by the Agency under this Agreement, the
Agency shall be subrogated to the extent of such payment to all the rights of the
member against any person or other entity legally responsible for damages for such
loss, and in such event, the member agrees to render all reasonable assistance to
affect recovery;
(g) To follow the reasonable safety, loss prevention,loss control, and risk management
recommendations of the Trustees, the Administrator, or contractors of the Agency
in order to minimize claims against the Agency;
(h) The Trustees, the Administrator, and any contractors of the Agency shall be
permitted at all reasonable times to inspect the work places, plants, works,
machinery, and appliances of each member covered by this Agreement, and shall
be permitted at all reasonable times and within two years after the final termination
of a member's membership to examine the member's books, vouchers, contracts,
NCIRMA 2026 5
documents, and records of any and every kind which show or tend to show or verify
the premiums and/or contributions that are payable under the terms hereof;
(i) Risk sharing by the Agency under the terms of this Agreement shall begin upon
payment of the premium and/or contribution by the member to the Agency. Risk
sharing by this Agency under the terms of this Agreement shall expire and be
cancelled automatically for nonpayment of premiums and/or contributions, and a
member may be expelled from the Agency upon thirty (30) days' notice by the
Trustees, the Administrator, or their designee delivered to the member in
accordance with Section XV of this Agreement specifying the date that cancellation
shall be effective. No payment shall be required of the Agency as a result of any
workers' compensation or employers' liability claim of the expelled member
occurring after 30 days' notice has been delivered to the expelled member in
accordance with Section XV of this Agreement;
(j) To pay any assessment duly levied by the Trustees under the terms of this
Agreement. If a member cancels or withdraws from the Agency, the member shall
pay its pro rata share of any assessment relating to the member's period of
enrollment; and
(k) In order that an adequate reserve may be maintained, the members further
agree that the Trustees shall have the right to assess the members pro-rata in such
amounts as will be sufficient to maintain at all times a minimum reserve, equal to
at least the annual premium and/or contributions for the coverage provided by the
Agency. Should a member fail to pay any assessment as provided for in this Section
within thirty (30) days of the assessment date, all interest and claim of such
defaulting member in and to the Agency shall automatically cease.
SECTION VIII. ALLOCATION OF MONIES
The Trustees are authorized to set aside from the premiums and/or contributions collected from
members a reasonable sum for the operating and administrative expenses of the Agency. All
remaining monies coming into their hands during any fiscal year of the Agency shall be set aside
and shall be used only for the following purposes:
(a) Disbursement to establish a reserve for payments of required medical,
surgical, hospital, rehabilitation, nursing expenses, payments of workers'
compensation to employees of members covered by this Agreement, and
employers' liability claims including settlements, awards, judgments, legal
fees, and costs in all contested cases to the extent provided herein;
(b) Payment of such compensation to the Administrator as shall be determined
from time to time by written agreement between the Administrator and the
Trustees;
(c) Payment of all costs of all bonds and auditing expenses required of the Agency,
the Administrator, or its agents or employees; and
NCIRMA 2026 6
(d) Distribution to members in such manner as the Trustees shall deem to be
equitable of any excess monies remaining after payment of claims and claims
expenses and after provision has been made for open claims and outstanding
reserves; provided, however, that no such distributions shall be made earlier
than twelve(12)months after the end of an Agency Year.Undistributed excess
funds from previous Agency Years may be distributed at any time if they are
not required as reserves and if approved for distribution by the Trustees.
Monies in excess of those required to fulfill the purposes,costs,and other obligations of the Agency
as set out hereinabove will be accumulated in the Agency or distributed to the member units at the
discretion of and in the manner provided by the Trustees.
SECTION IX. FISCAL YEAR; CONTINUING CONTRACT; WITHDRAWAL OF
MEMBERS SUBJECT TO PROVISION OF 30 DAYS'WRITTEN
NOTICE TO ADMINISTRATOR; FEE IMPOSED FOR FAILURE TO
PROVIDE 30 DAYS'WRITTEN NOTICE OF WITH DRAWAL
The Agency shall operate on a fiscal year from 12:01 a.m. July 1st to midnight on June 30 of the
succeeding year(the "Agency Year"). Application for membership, when approved in writing by
the Trustees or their designee, shall constitute a continuing contract for each succeeding Agency
Year unless cancelled by the Trustees,or unless the member shall have resigned or withdrawn from
the Agency by having written notice delivered to the Administrator on or before May 30 (i.e., the
written notice must be delivered to the Administrator in accordance with Section XV of this
Agreement thirty (30) days prior to the last day, June 30, of the Agency Year). Failure to provide
thirty (30) days' written notice shall subject the member to an exiting fee constituting two percent
(2%) of the premium for that Agency Year.
SECTION X. MEMBERS BOUND BY AGREEMENT; TERMINATION
PERMITTED ONLY AT END OF FISCAL YEAR; FINAL
ACCOUNTING
Any member who formally applies for membership in the Agency and is accepted by the Trustees
shall thereupon become a party to this Agreement and be bound by all of the terms and conditions
hereof, and such application shall constitute a counterpart of this Agreement. Cancellation of this
Agreement or of any plan, coverage,product or service provided by the Agency on the part of any
member, or withdrawal from membership, shall be permitted only at the end of a fiscal year. A
terminating member is entitled to a final accounting when all incurred claims are concluded,
settled, or paid.
SECTION XI. INTENTION OF INDEFINITE OPERATION; RESERVATION
OF RIGHT TO TERMINATE AGENCY; REVERSION OF MONIES OR
OTHER ASSETS UPON TERMINATION
This Agency has been established with the bona fide intention that it shall be continued in operation
indefinitely and that the premiums and/or contributions to the Agency shall continue for an
indefinite period. However,the Trustees reserve the right at any time to terminate the Agency by a
NCIRMA 2026 7
written instrument to that effect executed by the Trustees.In the event of such termination,member
premiums and/or contributions (other than duly authorized assessments) shall cease as of the date
of termination and the assets then remaining in the Agency shall continue to be used and applied,
to the extent available, for the
(a) payment of claims arising prior to such termination and administrative and other
expenses and obligations arising prior to such termination; and
(b) payment of reasonable and necessary expenses incurred in such termination.
Any monies or other assets thereafter remaining in the Agency shall revert to the members
of the Agency as of the date of termination pro-rata to the annual premiums and/or contributions
of said members paid in the year of termination. In no event shall any such assets be returned or
distributed to any individual. Upon such termination, the Trustees shall continue to serve for such
period of time and to the extent necessary to effectuate termination of the Agency.
(SECTION XII. AMENDMENT OF AGREEMENT
This Agreement may be amended by an agreement executed by those members constituting
a majority in paid-in dollar volume of contributions to the Agency during the current Agency Year.
In lieu of this amendment procedure, the members hereby appoint the Board of Directors of the
North Carolina League of Municipalities as their agents to make any amendments to this
Agreement which would not fundamentally alter the contemplated arrangement. For purposes of
illustration, and not limitation, an amendment to increase or decrease the number of members of
the Board of Trustees or their terms shall not be construed as a fundamental alteration of the
arrangement, provided that the current term of a member may not be terminated by any such
amendment. Written notice of any amendment proposed for adoption by the Board of Directors of
the North Carolina League of Municipalities shall be delivered to each member in accordance with
Section XV of this Agreement not less than 30 days in advance. Written notice of amendments
finally adopted by the Board of Directors of the North Carolina League of Municipalities shall be
delivered to each member in accordance with Section XV of this Agreement not more than 30 days
after adoption.
SECTION XIII. HEADINGS
Headings of various sections and subsections of this Agreement have been inserted for the
convenience of reference only and shall not be construed as modifying, amending, or affecting in
any way the express terms and provisions of this Agreement.
SECTION XIV. INTERPRETATION(
This Agreement shall be governed and interpreted under the laws of the State of North
Carolina. This Agreement is intended to serve as an interlocal agreement,for purposes of executing
the undertaking described in the preceding sections and paragraphs,under North Carolina General
Statutes 160A-460 et seq. (Part 1 of Article 20 of Chapter 160A). The terms of this Agreement do
not constitute a coverage document or form applicable to any specific claim.
NORMA 2026 8
Should any clause, sentence,provision,paragraph, or other part of this Agreement be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder of this Agreement. Each of the parties declares that it would have entered
into this Agreement irrespective of the fact that any one or more of this Agreement's clauses,
sentences,provisions,paragraphs, or other parts have been so declared invalid. Accordingly, it is
the intention of the parties that the remaining portions of this Agreement shall remain in full force
and effect without regard to the clause(s), sentence(s), provision(s), paragraph(s), or other part(s)
invalidated.
Failure of the Trustees,the Administrator, or their designees to insist in any one or more instances
upon the performance of any of the covenants, agreements, and/or conditions of this Agreement,
or to exercise any right or privilege herein conferred, shall not be construed as a waiver of any such
covenant or condition.
This Agreement contains the entire agreement between the parties, whom shall not be bound by
any verbal statement or agreement made heretofore.
SECTION XV. MEMBER REPRESENTATIVES; NOTICES
There shall be a Member Representative for each member of the Agency who shall be the agent of
the member for purposes of giving and receiving notices required or permitted pursuant to this
Agreement. Each member shall designate a Member Representative and provide the member's
postal mailing address and, if applicable, a facsimile number and electronic mail address to which
the Administrator may provide notices hereunder. The Administrator shall provide forms, as
needed,for use by the member in designating its Member Representative and providing its address
information. Such information may be updated at any time there is a change in the information
provided thereon. Until such time as different information is provided,the Member Representative
shall be the member's chief administrative official as shown on the records of the Administrator
and the member's postal mailing address, facsimile number and electronic mail address shall be
that as provided by the member on its most recent application. For purposes of illustration and not
limitation, a chief administrative official shall be considered to be a manager, administrator, clerk
or executive director as may apply with respect to a particular member.
Any notices required or permitted by this Agreement shall be in writing and may be given: in
person, by United States Postal Service, by facsimile, or by electronic mail. Notices shall be
deemed delivered: (a) when received if delivered in person, (b) three business days after being
deposited with the United States Postal Service, postage prepaid, properly addressed to the party
to whom such notice is intended to be given at the address established under this section, (c) on
the date sent if given by facsimile, provided that an electronic confirmation of delivery has been
received by the sender and that a copy of such notice was also sent on such date by mailing, or(d)
on the date sent if given by electronic mail, provided a copy of such notice was also sent on such
date by mailing and receipt of the electronic mail is acknowledged by the receiving party by return
electronic mail. Notices provided to the Administrator shall be delivered, addressed or directed as
follows,or to such other address as designated by the Administrator in written notice to the member
provided in accordance with this paragraph:
NCIRMA 2026 9
Executive Director
North Carolina League of Municipalities
434 Fayetteville Street,Suite 1900 Raleigh,
North Carolina 27601
Facsimile number: 919-301-1053
Electronic address: RMSnotifications@nclm.org
IN WITNESS WHEREOF, the participating entity listed below acknowledges its membership in
the Agency and acceptance of obligations hereunder, by the due execution hereof, following
appropriate governing body approval, by its duly authorized official. Further,the members of the
North Carolina Interlocal Risk Management Agency have caused these presents to be signed by
their duly authorized Chair of the Board of Trustees and have had this Agreement attested by its
duly authorized Administrator.
WITNESS:
NORTH CAROLINA INTERLOCAL RISK
MANAGEMENT AGENCY
BY:
Chair
Board of Trustees
NORTH CAROLINA LEAGUE OF
MUNICIPALITIES
BY:
Executive Director
Administrator
CITY OF DUNN
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Melissa R. Ma Cler) .. pORAT •: William P. mor , Mayor
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NCIRMA 2026 � 9.���
THIRD AMENDMENT TO AGREEMENT FOR
COLLECTION AND DISPOSAL FOR RESIDENTIAL
SOLID WASTE,RECYCLABLES,YARD WASTE,.&
CERTAIN COMMERCIAL SOLID WASTE
THIS THIRD AMENDMENT TO AGREEMENT FOR COLLECTION AND DISPOSAL FOR
RESIDENTIAL SOLID WASTE, RECYCLABLES,YARD WASTE,&CERTAIN COMMERCIAL SOLID
WASTE("Amendment")is entered into effective as of July 1,2026("Effective Date")by and between City of
Dunn("City")and Republic Services of North Carolina,LLC dba Republic Waste Services("Contractor").
A. The parties entered into that certain Agreement for Collection and Disposal for Residential
Solid Waste, Recyclables, Yard Waste, & Certain Commercial Solid Waste 1" day of July 2016 which is
amended via First Amendment to Agreement for Collection and Disposal for Residential Solid Waste,
Recyclables,Yard Waste,&Certain Commercial Solid Waste dated I"day ofJuly2021 and Second Amendment
to Agreement for Collection and Disposal for Residential Solid Waste, Recyclables, Yard Waste, & Certain
Commercial Solid Waste dated 1"day of July 2025 (hereinafter collectively referred to as the"Agreement"-),
pursuant to which Contractor provides waste services to City.
B. The parties desire to amend the Agreement as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants contained in the Agreement, and for
good and valuable consideration,the receipt and sufficiency of which the parties acknowledge,the parties agree
that the Agreement is amended as follows:
1. Section 3,Service, Sub-Section titled "Residential & Certain..Hand Commercial Curbside Collection
Service,Point(iii), Page 5: The Parties agree that these new terms are hereby added as follows to the existing
section: /
• In order to mitigate yard waste contamination, a second crew member will screen yard waste
cans and document by submitting contamination message and photos on the company tablet.
• Any contamination that is not identified during the manual scieening'process but is subsequently
detected shall be documented through photographic evidence obtained via the hopper camera
installed on the collection vehicle,clearly showing the contaminated yard waste container.
• Containers determined to be contaminated shall be tagged with an"Oops"notification to mark
the contamination issue.
• Contractor shall provide the City with a weekly report, in the form of a spreadsheet detailing
instances of contaminated yard waste containers no later than 12:00 PM each Wednesday.
• Upon confirmation by the City that appropriate resident education has been completed,
Contractor shall thereafter service previously contaminated yard waste containers as municipal
solid waste.Repeated contamination events shall result in the revocation of yard waste container
privileges,and such containers may be removed by Contractor.
• Contractor shall maintain and update a record of all service addresses for which yard waste
container privileges have been revoked.
• Contractor reserves the right to exercise reasonable discretion in instances of minor
contamination that can be readily removed without significant effort. In such cases, the minor
Classified as Confidentiat'Externat
contamination shall be removed and placed adjacent to the container, following which the
container shall be serviced and tagged. Such instances shall not be recorded as formal
contamination events.
• Contractor shall deploy a two-person crew to remove minimal contamination froth yard waste
loads delivered to the Harnett County LCID site that may not have been identified during the
enhanced screening process.
2. Section 7, Sub Section(a), Service Fees. Page 6: The parties hereby agree that an additional fee is
reflected at$1.86 per yard waste,effective July 1,2026.
3. Capitalized Terms. Capitalized terms used but not otherwise defined in this Amendment shall have the
meanings assigned to them in the Agreement. In the case of a conflict in meaning between the Agreement and
this Amendment,this Amendment shall prevail.
4. Continuing Effect. Except as expressly modified or amended by this Amendment, all terms and
provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF,the parties have executed this Third Amendment as of the second date set
forth below.
CITY CONTRACTOR
City of Dunn Republic Services of North Carolina, LLC dba
Republic Waste Services
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Name: Name;/r /mom
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Classified es Confidential-External