PROPOSED AGENDA Bermuda Run Town Council Meeting Tuesday, May 14, 2024 6:00PM Bermuda Run Town Hall Mission: "The Town of Bermuda Run exists to provide core public services that enhance the quality of life fori its residents and an environment; fort the business  DERMUD  community to thrive".  1. Call to Order 2. Pledge of Allegiance 3. Moment of Silence  a. Recognition of Quorum  "Ttis the intent of the Town Council to. solemmize the proceedings oft this meeting and the business brought before the governing  board, to offer the opportnily) forar reflective moment ofs silence.' 1  4. Town of Bermuda Run Code of] Ethics Statement- Town. Attorney. Brian Williams  5. Adoption oft the Agenda Motion: Motion: 7. Citizen's Comments  Second: Second:  Inl Favor: Inl Favor:  Opposed: Opposed:  6. Approval ofthe April 9, 2024, Town Council Meeting Minutes  8. Proclamation Older. American's Month-Mayor Brannon 9. Davie County Sheriffs Office Update-Sheriff)DI Hartman  10. Proposed Action Item  A. Approval of Solid Waste/Recycling Services Contract-Republic Services  Staffrecommend action to allow the Town Manager and' Town Attorney to negotiate and execute  the agreement. Motion:  Second:  In Favor:  Opposed:  B. Approval ofInterlocal. Agreement with Davie County  Staff recommend action to allow the Town Manager and" Town. Attorney to negotiate and execute  the agreement. Motion:  Second:  InF Favor:  Opposed:  C. Resolution of Approval for Sewer and Stormwater Engineering Services-Hazen & Sawyer  The Town Manager is recommending approval of Resolution  Motion:  Second:  In Favor:  Opposed:    D. Resolution of Approval for' Transportation and Stormwater Engineering Services-Wetherill  Engineering, Inc.  The Town Manager is recommending approval of Resolution  Motion:  Second:  In Favor:  Opposed:  E. Resolution of Approval for Stormwater Engineering Services-LJB, Inc. The Town Manager is recommending approval of Resolution  Motion:  Second:  InF Favor:  Opposed:  F. Approval of Planning Administration Services Contract-Benchmark CMR, Inc.  Staff recommend action to allow the Town Manager and Town. Attorney to negotiate and execute  the agreement. Motion:  Second:  InF Favor:  Opposed:  11. Comprehensive Plan Progress Status 12. Town Manager Report/Comments a. Monthly. Account Detail Report b. Presentation of FY24-25 Budget  13. Mayor Comments 14. Adjourn Motion:  Second:  In Favor:  Opposed:    Town ofBermuda Run Town Council Meeting Minutes April 9, 2024 - 6:00 PM  The Town Council of] Bermuda Run held its scheduled meeting on' Tuesday, April 9, 2024 at Council Members Present: Mayor Mike Brannon, Mike Ernst, Rae Nelson, Christy Schafer,  6:00 PM. The meeting was held ati the Bermuda Run Town Hall.  Melinda Szeliga, and JeffTedder  Council Members Absent: Also Present:  Andrew Meadwell, Town Manager; Cindy Poe, Town Clerk; and Brian  Williams, Town Attorney  Call to Order Mayor Mike Brannon called the meeting to order.  Pledge of Allegiance Moment of Silence  Iti is the intent of the Town Council to solemnize the proceedings oft this meeting and the business brought before the governing board, to offer the opportunity ofai reflective moment ofs silence Town of Bermuda Run Code ofEthics Statement - Town Attorney Brian Williams  Adoption of the Agenda  Council MemberJeffTedder. made a motion to approve the agenda as presented. Council. Member Mike Ernst. seconded the motion. The motion was approved by a vote offive (5) in favor and none  opposed.  Approval ofthe March 12, 2024 Council Meeting Minutes  Council Member Melinda Szeliga made a motion to approve the March 12, 2024 Council Meeting Minutes. Council. Member Rae Nelson seconded the motion. The motion was approved by a vote offive  (5) inj favor and none opposed. Citizen Comments  Dan Bourland of346 Yadkin Valley Rd spoke regarding goals of Bermuda Run and said wanted Erin Dinero of147 Haywood Dr quoted portions ofthe DEQ audit, saying that the: findings  the town to get guidance on how the 10/70 requests are allocated.  presented were: not true. 1. Proposed Action Items  A. Public Hearing 10/70 Request Davie Construction  The applicant is petitioning the Town of] Bermuda Run for the approval ofal 10/70 provision for 0.044 acres (1.906s sq. ft.) ofproject area for a commercial project. The site currently has 0.217 acres (33%) of existing impervious area. The applicant is proposing 0.366 acres oft total impervious area on the: site. Thei total impervious area oft the site would be 55.71% percent.    Brad Chapman ofDavie Construction gave information regarding the Caribou Coffee location, saying  that this 10/70 allocation would allow: for 10j parking spots needed.  Mayor Brannon Opened the Public. Hearing There were no public comments. Mayor. Brannon Closed the. Public. Hearing  Council. Member. Rae Nelson made a motion to approve the requested 10/70 allocation. Council Member JeffTedder seconded the motion. The motion was approved by a vote offive (5) infavor and  none opposed.  B. Public Hearing 10/70 Request Hall Walker  The applicant is petitioning the Town of] Bermuda Run for the approval ofa 10/70 provision for 59.54 acres of project area: for aj multi-use development project. Thej project area currently consists of6.57 acres that is outside of the watershed. The applicant is proposing 24.44 acres ofimpervious area on the Amanda Hodieme, Attorney for the developer (Bermuda Run Investments, LLC) explained how they have used the past 8 months toj pause and reflect, adding that tonight is a threshold to set up the rest of the development sequence. She shared the vision of the Fords and showed how the property would look with the 10/70 allocation, and without the 10/70 allocation. They have changed the access point from Yadkin Valley Road to Hwy. 801 based on concerns regarding traffic flow. Environmental regulations are being followed and protections are in place as: required by the state. Council Member Melinda Szeliga asked for clarification that ift the 10/70 was not allocated, it would be all multi-family  site. The total impervious area oft the site would be 41.04 % percent.  (instead of a combination oftownhomes and apartments). Mayor. Brannon Opened the Public Hearing  Vera Williamson of229 Haywood Drive - Shared a slideshow (included in minutes) saying Carl Carney of Davie Construction - Concerned about affordable housing ini the area, giving examples of] his own kids and employees wanting them to be able to stay in the area. Feltit would be wise to approve the 10/70: request as this was a good project proposal. Dan Bourland of346 Yadkin Valley Rd - There needs to be improvements on how the town approves 10/70 requests. Be conservative and protect watershed. Beth Bourland of 346 Yadkin Valley Rd - Feels that the town is beçoming "less charming" and failing to "Just Be". Concerned about traffic and stormwater studies. Matt Belford of270 Yadkin Valley Rd. - Quoted the Comprehensive Plan and called it "ancient Elizabeth Hutcherson of] Haywood Drive - Questioned total acres and accuracy saying numbers Erin Dinero of147 Haywood Drive - Says her parcel abuts the Hall Walker property and she worries about a "bait and switch". Wanted to appeal to the common sense oft the Council, saying that it was a "no brainer" to turn down the request. However, she added that she is not Teresa Snider of Yadkin Valley Rd - Read a letter from the Yadkin River Keeper who is opposed to the request due to the negative impact on1 the streams, creeks. Monica Belford of113 Oakwind Dr (Kinderton Village) Stated that she lives in a condo, and is ini favor of affordable housing but not what is being proposed. High density affects home  10/70 was a "privilege, not a right", and asked for a deferred vote.  history", saying iti is just hollow words on paper".  were inaccurate.  "anti-development.  values.    Patricia Williams of1 124. Parkview Ln (Kinderton Village) - Applauds the town now videoing the meetings. "More doesn'ti mean better." Look at the future- - Trees gone: makes noise from I-  40 horrible.  Mayor Brannon Closed the. Public Hearing  Attorney for developer, Amanda Hodieme clarified misquotes. Development plans not about density/land use, but about the shape it takes. This is a threshold decision which allows them to decide permits for which to apply. Council Member Rae Nelson addressed the height limit of3 stories when project mentioned 4. (At the time oft the application, 4-story buildings were allowed.) Council Member Christy Schafer asked for clarification regarding buffering (greenery, fence). Council Member JeffTedder asked about timing oft the project. (Depending on outcome oft tonight's meeting, it will Council. Member. Melinda Szeliga made ai motion to approve the 10/70 request with conditions. Council. Member Christy Schafer seconded the motion. The motion was approved by a vote offive (5) in  probably be developed in 2-4 phases.)  favor and none opposed.  C.P Public Hearing Annexation Request Hall Walker  The Town has received petition(s) for a contiguous and ai noncontiguous annexation of property being described as Davie County Tax Parcels C700000115, C70000011501, C700000112 and referenced as the "Hall Walker Property". On January 9th, 2024, the Town Council adopted a Resolution directing the Town Clerk to investigate the petition. The Town Clerk has submitted a Certificate of Sufficiency  oft the petition.  Mayor. Brannon Opened the Public Hearing  Paul Dixon of 120 Kilbourne Dr - Shared concerns regarding the impact on the town. Concerned about population - schools, law enforcement, traffic. Mentioned' "Show us the Plan" Elizabeth Hutcherson of] Haywood Drive - Wanted to go oni record as questioning the zoning Jim Fulghum of357 Town Park Dr - Pointed out concerns for fire/police protection, EMS and timely medical care, street maintenance and other services - financial impacts on the town. Charlene Genaway of150 Brookstone Dr - Against high density, feels watershed is being ignored. There will be more expenses with adding residents and would love to hear the  and land use.  benefits, "when the town can'tservice what you have."  Mayor. Brannon Closed the Public Hearing  Council Member Christy Schafer made ai motion to approve the annexation request. Council. Member Mike Ernst seconded: the motion. The motion was approved by a vote offive (5) inj favor and none  opposed.    Mayor Comments-  Mayor Mike Brannon thanked the speakers and all in attendance. He also thanked the Council and Town Staff fort their professionalism. Bermuda Run Garden Club Shredding Event Saturday, April 13.  Sheriff Hartman will be speaking at the May 14 Council Meeting.  Adjourn none opposed. Approved  With noj further business to discuss, Council. Member JeffTedder made ai motion to adjourn. Council Member Mike Ernst seconded the motion. The motion was approved by a vote offive (5)infavor and  Respectfully Submitted  Mike Brannon, Mayor  Cindy Poe, Town Clerk    BERMUD  Proclamation  Older Americans Month 2024  Whereas, the Town of Bermuda Run and Davie County includes a growing number of older Americans  who contribute their time, wisdom, and experience to our community; and  Whereas, communities benefit when people of all ages, abilities, and backgrounds have the opportunity  toj participate and live independently; and  Whereas, the Town of Bermuda Run recognizes the need to create a community that offers the services  and supports older adults may need to make choices about how they age; and  Whereas, the Town of Bermuda Run can work to build an even better community for our older residents  by:  Not limiting our thinking about aging, Exploring and combating stereotypes, Emphasizing the many positive aspects of aging, Inspiring older adults to push past traditional boundaries, and Embracing our community's diversity.  Now, therefore, we, the Bermuda Run Town Council do hereby proclaim May, 2024 to be Older Americans Month. We urge every resident to celebrate our older citizens, help to create an inclusive  society, and accept the challenge of flexible thinking around aging.  Mike Brannon, Mayor  Date    ITEMS 10 A  BERMU  TO:  Town Council  DATE: May 7,2024  RE:  Solid Waste/Recycling Services Contract  The Requests for Proposal (RFP) process was used for solicitation of solid waste and recycling collection services for the Town of Bermuda Run. Republic Services currently provides these services for the Town and their contract expires June 30, 2024. Staffrecommends remaining with  Republic Services for the annual cost of $361,216.92.00.  BID TABULATION SHEET  Town of Bermuda Run 120 Kinderton Blvd, Suite 100 Bermuda Run, NC 27006 Solid Waste Recycling Collection Services December 8, 2023 = 2:00 PM CONTRACTOR Green for Life Environmental (GFL) Meridian Waste Republic Services Wall Recycling, LLC Waste Management  Declined to Bid $453,060.00 $361,216.92 $538,148.00 $419,929.44"  Highlights of Proposal  Five (5)year contract  Participation and sponsorship of community events Expanded service routes in Kinderton Residential    Five (5) Year Term COST/FEE PROPOSALFORMA  Proposers Name:  Solid Waste Services  Proposer must filli in all proposed pricing. Prices are for all services identified within the RFP. All unit prices shall be rounded to the nearest cent. Unit numbers provided aret for evaluation purposes only; the Town makes no guarantee as tot the number of units to be serviced. Prior to contract executiona  final unit count will be established. 2024-2025 Estimated Numbers: House Count: 1,500 (Minimum)  Dumpsters at Condos (weeklybiweekly: service depending on location): (8-yard dumpster service at 2 locations totaling 60 units)  Category  Description  Cost Per Unit Per Month  Rental Fee Per Cart/Dumpster Per Month)  House Count= "1,500 minimum Residential Weekly  $15.75 $14.71* $32,250 month$29,250"  Trash Service Residential Recycling Service (EOW) Trash Service-8CY  $5.75 $4.79*  Condo Dumpsters  $_175.58 1pu/wk $351.16/ /month* $. 351.08 2pu/wk 2-8yards serviced 1xp per week  $. 526.63 3pu/wk 702.17 4pu/wk No additional charge  Kinderton Residential  Cart delivery at start of contract New Cart delivery to  residents  Totals  $32,601.16/ month $29,601.161 $1,950.00 per event,est 2 $2,100.00 pere event, est 1 $6,000.00 $9723/58121692  Bulk Items Pick-Up (Fall and Spring) Approx. 80 tons pere event E-waste (Spring) Approx.. 8.14 tons Currently provided at no cost Annual Cost "pricing with current equipment inj place Daily Reporting Requirements  Disposal Service fora all $225.00 per haul  residential units. Provided at no cost  $50.00 pert ton est: 61 hauls annual @2 ton average $1,600 per event  Totals  A route summary report shall be provided that informs the Town of any misses or areas missed. This shall be provided via email to the Town Manager in order to respond to any public inquiries. This can be submitted by summarizing the vehicle's GPS audit. The Town also requests a daily report of any cans that need servicing as noticed by route drivers or residents  contacting the contractor directly. This is further detailed in 5.21 Condo location details:  1. Kinderton Residential: Town Park Drive. --2dumpsters    AA    Frod e  - 0900  o o  o o o o o -  Groenway St o 00000 o 0, o o 000  PANTS  ) O o  o  08000000 Rosewalk Ln 00 000000 0000000 u7 auoisi o00000000 0100000000 O Brogewator DE  0000  0o 00099  o o  u7 MMOIAYIE o 00 o  000 o  Lakeside Xing  0000 00  000 0 o 10 101304 0080  &0 o 000 Conoor Ave GGGo 00 00    Frod o o e ) o o o o o Greonway St o o 00000 o o o o o o o o o oDe  000000  O  /  o o o o O o o 09000000 Rosewalk Ln o 00000 00000 u7 QUOISHIM 006  o O o  intor  000 o  0000  00000000 O Brogewater Dr 0000005 o o 0000000 ABIAMINd  o 00  Oo  u7. MOIACdO. o 0 o  000000  Lakesiae Xing  o o 000 o auso 00  o  D 00 o  o  Cocou0Onoor Ave 6o 00 80    ATTACHMENTA  North Carolina Davie County Town of Bermuda Run  SOLID WASTE. AND RECYCLABLES COLLECTION. AGREEMENT  THIS AGREEMENT (the Agreement") effective as  (the  "Starting Date") by and between the Town of Bermuda Run, North Carolina, a North Carolina municipal corporation (hereinafter referred to as the "Town"), and Republic Services ofNorth Carolina, LLC (hereinafter referred to as. Republic Waste Services or as' "Contractor"). WHEREAS, the Town desires the Contractor to provide solid waste and recyclables collection WHEREAS, the Contractor desires to provide such solid waste and recyclables collection WHEREAS, Republic's bid and submission of pricing is contingent upon the parties' good faith negotiation ofar mutually agreeable contract. Ift the parties cannot reach agreement on amutually agreeable contract, Republic reserves the right to withdraw its proposal. WHEREAS, all parties hereto desire to set forth the rights and obligations of the parties in NOW, THEREFORE, in consideration of the promises, the mutual premises and the compensation as defined below and other good and valuable consideration, the parties hereto  to its citizens; and services; and  this Agreement.  hereby agree as follows:  SECTION1-1 DEFINITIONS  For the purpose of this collection services contract, hereinafter referred to as "Contract", the definitions contained in this Section shall apply unless otherwise specifically stated. Ifar word or phrase is not defined int this Section or Agreement, the definition of such word or phrase as the definition of such word or phrase as contained in the most: recent edition of the Merriam- Webster Unabridged Dictionary shall control. When noti inconsistent with the context, words used int thej present tense: include the: future, words int the plural include the singular, and words in the singular include the plural. To the extent the definitions contained herein conflict with    similar definitions in any federal, state or local law, the definition in the law(s) shall prevail. Use of the masculine gender shall include the feminine gender. The word "shall" is always Area Miss means missed collection involving one. hundred (100) or more Residential Units and Designated Non-Residential Locations ini the Service. Area on one collection day.  mandatory and not merely discretionary.  Appliances see White Goods.  Applicable Law. Applicable Law means any applicable law (whether statutory or common), including statutes, ordinances, regulations, rules, governmental orders, governmental decrees, judicial judgments, constitutional provisions, and requirements of any kind and nature promulgated or issued by any governmental authority claiming or havingjurisdiction.  Building Material see Construction Debris.  Bulky Waste means large items of solid waste such as furniture, mattresses, white goods, scrap tires and other items too large for the Roll-Out Cart, including any oversized wastes whose large size precludes or complicates their handling by normal solid waste collection. Bulky Waste as defined here shall include property owner or tenant generated building Back/Side Door Service means rear-yard or special handling service provided to those individuals unable to place their Residential Garbage or Bulky Waste curbside for collection due to Physical Impairment and where no person(s) capable of placing the Residential Town means the Town of Bermuda Run, North Carolina, or it's authorized agent(s) as listed in  materials.  Garbage or Recycling curbside resides at the dwelling.  19.17.  Collection Schedule means the days of collection authorized by the Contract.  Collection Services means Residential Garbage, Recyclables, and Bulky Waste collection, as Computer Equipment means any desktop central processing unit, any laptop computer, the monitor or video display unit for a computer system, and the keyboard, mice, and other peripheral equipment as defined in N.C.G.S.8 130A-309.91. Computer equipment does not include a large piece of commercial or industrial equipment, such as commercial medical equipment, that contains a cathode ray tube, a cathode: ray tube device, a flat panel display, or similar video display device that is contained within, and is not separate from, the larger  described herein.  2    piece of equipment, or other medical devices as that term is defined under the federal Food, Construction Debris means waste building materials resulting from construction, remodeling, repair, or demolition operations generated by property owner or tenant. Contract means this Agreement as executed for the provision of solid waste collection services in the Town, including all of the provisions, responsibilities, procedures, remedies, ContractAdmimistrator means the Town's Manager, or designee, assigned to administer this Contract Term means the duration of the Contract, measured from the Starting Date as set Courtesy Collections means special collection requests by the' Town that the Contractor shall bei responsible for providing within the same time period as regularly scheduled collections. Customer means the recipient of collection services within the Town, provided through this Contract, and includes Residential Units and Designated Non-Residential Locations. Damages means agreed to, actual, compensatory, consequential, continuing, direct, irreparable, punitive, presumptive, proximate and/or rescissory damages incurred by the Dead. Animals means animals or portions thereof equal to orl less than 100 pounds in weight, that have expired from any cause, except those slaughtered orl killed for human use. Designated Collection Area means the geographic area of which the Contractor will provide collection and other services pursuant toi the Contract. Collection points will be att the curb for Residential Garbage, Recycling, and Bulky Waste and in the back/side yard for Customers Designated Disposal Facility means ai facility to which Garbage and Bulky Waste collected under the Contract: must be delivered. The disposal facility for Residential Garbage and Bulky Designated Non-Residential Location means a non-residential location in the Service Area that receives collection and other solid waste services from the Contractor. An example would  Drug, and Cosmetic. Act.  and attachments without exception. Contract on behalf of the Town. forth ini this Agreement.  Town, the payment of which shall not be an exclusive remedy.  receiving Back/Side Door Service for Residential Garbage & Recycling.  Waste collected as part of this Contract shall be a properly approved site.  bej public facilities.  3    Designated Recycling Facility means a. Materials Recovery Facility selected by the Contractor for delivery of] Recyclables collected under this Contract. The facility shall be designed, operated, and legally permitted fort the purpose ofreceiving, sorting, processing, District Manager means the employee designated by the Contractor as the Contractor's Electronic Waste (E-waste) means computer equipment, televisions, and residential consumer products that contain a circuit board. This category would include any printing device such as aj printer, a scanner, a combination print-scanner-fax machine, or other device designed to produce hard paper copies from a computer; stereo equipment; telephones, cell phones, and similar recyclable products. E-waste does not include electronics from an automobile, an appliance or a large piece of commercial ori industrial equipment, such as commercial medical equipment, that contains a cathode ray tube, a cathode ray tube device, a flat panel display, or similar video display device that is contained within, and is not separate from, the larger piece of equipment, or other medical devices as that term is defined under the federal Food, Drug, and Cosmetic Act. Fiscal Year means the' Town fiscal year that runs from July 1 through June 30.  storing, or preparing Recyclables for sale.  primary representative with regard to matters involving this Contract.  Force Majeure means any event which results in thej prevention or delay of performance by aj party ofits obligations under this Agreement and which is beyond thei reasonable control of the nonperforming party. It includes, but is not limited to: fire, flood, hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions.  Town shall have obligation to pay amounts due to Contractor. Garbage, Residential See Residential Garbage  Hazardous Waste means waste, in any amount, which is defined, characterized, or designated asl hazardous by the United States Environmental ProtectionA Agency or appropriate State agency by or pursuant to federal or state law, or waste, in any amount, which is regulated under federal or state law; as well as all waste defined as "Hazardous Waste" in this Agreement. For the purposes ofthis Agreement, the term Hazardous Waste shall also include, but is not limited to, motor oil, gasoline, liquid paint, and aerosol paint cans. Hot Load means any vehicle carrying solid waste observed to be smoldering, smoking, on fire, giving off odors, or leaking a caustic or corrosive substance. Transition Plan means a document describing in detail the activities that will be undertaken and the schedule that will be followed to successfully implement the Contractor's collection services under this Contract on the Start Date. The Transition Plan shall include a description  ofhow the Contractor will evaluate routing and determine routes.  4    Littering means allowing spilled or wind-blown materials to come from the vicinity of the Contractor's truck hopper or to: fall to the ground as the Roll-Out carts are emptied. Maintenance Director means the person the Contractor has assigned to the Town, and shall be a qualified person to be in charge of maintenance associated with providing Collection Services within the Service Area. The Maintenance Director shall be physically stationed in the Service. Area and available to the Town through the use oftelecommunications equipment Material Recovery Facility or MRF means a site used for the collection, storage, and Miss means any Request for Service of ai missed collection reported to the Town.  at all times that the Contractor is providing Collection Services.  processing of] Recyclables.  Physical Impairment means a condition that renders an individual physically unable to bring a Roll-Out Cart either to the curb or for whom the undertaking of such an act would Putrescible means wastes that will decay or become rotten such as meats, dairy products, vegetables, fruits, etc. that are normally the source of odors and are attractive to insects. Producer means an occupant ofal Residential Unit or Designated Non-Residential Location Recyclables means solid waste including but not limited to newsprint and inserts; glass food and beverage containers, plastic soft drink and liquor bottles; aluminum, steel, or tin cans; plastic milkj jugs; and other items determined tol bei recyclable by the written mutual agreement Recyclables Cart means that container designated and authorized by the Town based upon the container's depth, size, and material and identified solely for Recyclables. It shall be subject to Refuse means all non-putrescible material discarded for disposal as Residential Garbage. Repeat Collection Miss means two or more collection misses at any one. Residential Unit, Designated Non-Residential Location, or other designated collection point during any one (I) Request for Service means reported customer service requests or discovered missed collection ofResidential Garbage or Recycling from any one Residential Unit, Designated  clearly and seriously threaten that person's health.  who generates solid waste.  between the Town and the Contractor.  the collection regulations pertaining to Recyclables.  calendar month.  5    Back/Side Door Locations, Designated Non-Residential Locations or Courtesy Collections on1 the form used by the Town to document customer service requests. Usually, this request Residential Garbage means residential waste including but not limited to animal and vegetable matter; non-hazardous residential waste materials; properly contained medical waste; discarded food or beverage containers; glass wrapped toj protect collectors ifit should become broken; discarded toys, clothing and other residential items; but excluding liquids of any kind. For the purpose of this Contract, Residential Garbage also includes garbage Residential Unit means any single-family dwelling, condominium, or duplex/twin home unit Roll-Off Container means the large steel bulk waste container usually 20-cubic yard capacity or larger placed at construction or clean-up sites to contain larger volumes of bulk Roll-Out Cart means the plastic Roll-Out Cart provided by the Contractor and supplied by the Town to Customers or other designated Producers for the collection of Residential Service. Area means the area(s) within the Town municipal limits served by the Contractor Solid Waste. Solid Waste is any non-hazardous solid waste generated where the services are being performed that is not excluded by the provisions of the Contract. Solid Waste shall not  is transmitted electronically to the Contractor.  generated by) Designated Non-Residential Locations.  at one location.  waste for hauling to a disposal or recycling site.  Garbage or Recyclables.  and any annexations, if granted.  include any Unacceptable Waste.  Supervisorn means the person the Contractor has assigned tot the' Town, and shalll be a qualified supervisor to be in charge of the operations within the Service Area. The supervisor shall be physically stationed in the Service Area and available to the Town through the use of telecommunications equipment at all times that the Contractor is providing Collection Television means any electronic device that contains a tuner that locks on to a selected carrier frequency and is capable ofreceiving and displaying oftelevision or video programming via broadcast, cable, or satellite, including, without limitation, any direct view or projection television with a viewable screen of9i inches or larger whose display technology is based on cathode ray tube (CRT), plasma, liquid crystal (LCD), digital light processing (OLP), liquid crystal on silicon (LCOS), silicon crystal reflective display (SXRD), light emitting diode (LED), or similar technology marketed and intended for use  Services.  6    by a consumer primarily forj personal purposes as defined in N.COS,B0A30.1-T4 Unacceptable Waste. Unacceptable Waste means: (1) Hazardous Waste; (2) radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, or toxic waste as Valid Miss means any missed Request for Service or solid waste collection determined by  term does not include computer equipment.  defined by Applicable Law; or (3) any otherwise regulated waste. the Town to result from Contractor negligence or omission.  Vehicle Leaks and Spills means leaks consisting of a constant drip of fluids or fluid spills that leave visible puddles or "staining" upon the pavement. These fluids can be any of the Waste Material. Waste Material is all Solid Waste and Recyclable Material that are: not excluded White Goods means all discarded refrigerators, ranges, water heaters, freezers, unit air conditioners, washing machines, dishwashers, clothes dryers, and other similar domestic large appliances. Commercial large appliances are not included in this definition.  motor: fluids, hydraulic fluids, or waste liquids from the compactor unit. by the Contract. Waste Material does not include any Unacceptable Waste.  7    SECTION2-C CONTRACTTERM AND COMMENCEMENT  2.1 Performance Commencement  The term of this Agreement shall commence on July 1, 2024 and terminate on June 30, 2029 (the "Initial Term") unless this Agreement is terminated earlier by Town Council as herein provided. This Agreement may be renewed for two (2) or more successive two (2) year terms (the "Renewal Terms") upon mutual agreement of the parties at the rates contained herein (as may be adjusted as provided herein) no less than sixty (60) days prior tot the expiration oft the Initial Term ort thet then current Renewal Term. Terms and conditions ofthis agreement may be modified upon: mutual consent in writing ofboth the Contractor and the  Town.  2.2  Transition prior to Commencement Date of this Contract.  Contractor understands and agrees that the time between the formal Contract signing and July 1, 2024 is intended to provide the Contractor with sufficient time to, among other things, order equipment and prepare necessary routing changes. Contractor shall be responsible for the provision of all collection services beginning July 1, 2024 Accordingly, Contractor shall provide collection services as set forth in this Contract no later than July 1,2024.  2.3  Contractor to provide the following public outreach.  a. To provide Community Service, public outreach and education through participation in and support of two (2) local community events with exhibits, educational materials, staffparticipation: and/or: financial support as appropriate to enhance these events and to promote environmental stewardship, waste reduction and recycling in partnership with the Town of Bermuda Run. The Contractor shall also submit a sponsorship of Town events with a check of  $5,000onJuly 1 ofeach year.  2.4 Transition upon Expiration oft this Contract  a. Continuation of Contractor's Service: Ift the' Town does not exercise its  right to renew this Contract ori ifthere are no renewal options remaining, the Town will attempt to award ai new agreement at least six (6) months prior to  8    the expiration of this Contract. In the event a new agreement has not been awarded within such time frame, Contractor shall provide Collection  Services to1 the' Town on ai month-to-month basis foru upt to: fifteen (15)months after the expiration oft this Contract, at the then established rates, ift the' Town requests this service with at least thirty (30) days notice to the Contractor. b. Schedule for Termination of Contractor's Service: Prior to the termination oft this Contract, Contractor shall work with the Town to ensure that there is no interruption or reduction of service when the Contractor ends its services to the Town. If a new contract is awarded to a hauler other than the Contractor, the Contractor shall coordinate and cooperate with the newly selected hauler, as well ast the Town, to: minimize any disruptions in the service provided to the public.  SECTION3- GENERALCOLLECTION REQUIREMENIS  3.1 Scope of Service  Commencing on the Starting Date, the Contractor shall collect and transfer, in a workmanlike manner, once per week Residential Garbage and once every  other-week Recyclables as described in the attached RFP.  SECTION4-DISPOSALANDI PROCESSING SITES  4.1 Ownership of Solid Waste Materials  The Contractor shall not assert or claim any property rights to Residential Garbage and Bulky Waste placed for collection under this Agreement. a. All Recyclables shall be delivered to the approved recycling facility. The Contractor may deliver recyclables to a Material Recovery Facility of the Contractor's choosing only after receiving prior written approval from the Town. The Contractor shall become responsible for Recyclables once collected from Residential Units. The Town shall not bel liable for any charges or penalties associated with the delivery of materials to the Materials  Recovely Facility.  9    b. The Contractor shall be responsible for abiding by all rules and policies pertaining to the delivery of Garbage and Bulky Waste as directed by the Designated Disposal Facility, and delivery of Recyclables as directed by the Designated Recycling Facility. A copy oft the current policies and procedures for the Designated Disposal Facility will be provided to the Contractor by the Title to and liability for any azardou/unacepiable waste must not pass to d. Republic reserves the right to reject any Unaccepabe/azardous waste  Town, and are subject to modification from time to time.  Republic at any time.  provided by any residential or commercial unit.  SECTIONS-FINANCIALREPORTING  5.1 Record Keeping, Accounting, and Auditing  The Contractor shall keep and maintain complete and detailed records including, but not limited to, (i) records that provide the basis for the reports required under 5.2118 including all matters affecting amounts payable by or to the Town or the Contractor, (ii) policies for required insurance, policy amendments, and all other related insurance documents, and (ii) accounting records and vouchers evidencing all costs, receipts, payments, and any other matter of accounting associated with the Contractor's performance in accordance with generally accepted accounting The Contractor's books, records, and accounts shall accurately, fairly, and in reasonable detail reflect all Contractor's dealings and transactions, and shall contain sufficient data to enable those dealings and transactions to be audited in accordance with generally accepted governmental accounting and auditing standards. The Town, or its audit representative, shall have the right with reasonable notice and at any reasonable time to inspect, copy, and audit records relating to the services accounting records, vouchers, and their source documents which serve as the basis for costs, receipts, and payments. The said records shall be available for the Town's inspection and audit for a period of three (3): years following the termination of this Agreement, and any extension ofthis. Agreement and for such further periods as may be necessary to: resolve any matters which may be pending at that time or any longer period required by applicable law. The Contractor shall make available at Contractor's The Contractor shall immediately notify the Town should it become apparent that the Contractor is unable to pay its debts as they become due and payable or ift there is an  principles.  local offices any such records to the' Town upon request. adverse change in the Contractor's financial condition.  10    The Contractor shall, upon the Town's request, provide to the Town the Contractor's most recent audited financial statements or un-audited statements if the audited  statements are: not then available.  5.2 Reliability of Reports;  The Contractor represents that all information the Contractor has provided or will provide tot the' Town ist true and correct and can bei relied upon by the Town. Any material false or misleading information or omission is just cause for the Town to terminate this. Agreement and/or pursue any other appropriate remedy.  5.3 Observation and Inspection  The Town, its representatives, and invitees shall have the right to observe and inspect operations at all times, provided it is conducted in such a manner sO as to minimize interference with the Contractor's performance and operations. The inspection mayinspection may review operating records for the current andj previous contract years, and may consist of an inspection of the physical areas of operations and equipment with The Town, ati its own expense, may at any commercially reasonable time inspect any and all records relating to the services performed to verify that the services are being The Town's inspections shall not relieve the Contractor of any ofits obligations herein or  emphasis on safety and hazard mitigation.  performed in accordance with this Agreement. impose any liability upon the Town. SECTION 6- COMPENSATION 6.1 Basis and Method of] Payment  The Contractor shall offer the services described herein at the following rates  beginning at the commencement oft the Contract Term  Category  Description  Cost Per Unit Per Month  Rental Fee Per Cart/Dumpster Per Month) $.  House Count= "1,500 minimum  Residential Weekly $ Trash Service  /month  11    Residential Recycling $ Service (EOW) Trash Service - 8CY  Condo Dumpsters  $. 1pu/wk $. 2pu/wk $ 3pu/wk $. 4pu/wk  $.  /month  Cart delivery at start of contract Bulk Items Pick-Up (Fall and Spring) Approx. 801 tons per event E-waste (Spring) Approx.. 8.141 tons Currently provided at no cost Annual Cost  New Cart delivery to residents  Totals  Disposal Service forall $ residential units. Provided at no cost  SPrevided-atne cost  Totals  6.2 Number of Collection Points/ House Count  The parties agree that the number of customers as of July 1, 2024 is 1,500  residential units.  6.3 Withholding of] Payment  All monthly reports listed in Section 5.19 ofRFP must be submitted byt the 14th ofthe following month. If the Town is not notified of such delay, it may orup to 25 percent (25%) of the current pay request will be withheld until these  reports are: received. without  SECTION7 7-INSURANCE. AND PERFORMANCE SURETY  12    7.1 Coverages  APerformance) Bond: is required from the Proposer receiving the Contract award ini the amount of one hundred (100 %) oft the first year's estimated contract price and shall remain in effect for the duration oft the contract period to guarantee the faithful performance oft the Contract by the Proposer. The bond will be required at the time ofthe Contract signing (and not as a submittal with the proposal at the proposal opening). The surety on the bond shall be a duly authorized corporate Surety Company authorized to do business in the State of North Carolina. Bonds shall bei int thei form provided inl N.C.G.S. $44A-33(a). Any other bond form must be approved in advance of Contract signing by' Town's legal counsel. Attorneys- in-fact who sign performance bonds must file with each bond a certified and effectively dated As series ofannual performance bonds willl be acceptable as long as they are delivered to Town at least three weeks before the previous bond expires. Failure oft the Proposer receiving the Contract award tol keep an acceptable performance in effect at any time during thet term ofthe Ini its sole discretion, in lieu ofa! performance bond, the Town may accept an irrevocable letter ofcredit in the amount of one hundred (100%) oft the first year's estimated contract price to remain in effect throughout the contract term. Ifthel Proposer would like consideration ofan irrevocable letter of credit inl lieu ofaj performance bond, he should notify the' Town Manager as soon as practical after notice of preliminary selection as the contractor. The terms of any  copy oft their power of attorney.  contract is ai material breach oft the contract.  irrevocable letter of credit must be approved by the Town's. Attorney.  SECTION REPRESENTATIONS AND WARRANTIES  The Contractor represents and warranties satisfactory performance in accordance with  this Contract.  SECTION9-INDEMNITY  Either party The Contractor shall indemnify and save. harmless the other party Town, its officers, its employees, from and against any and all claims, demands, actions, suits and proceedings by others, and against all liability to others, resulting from the negligence or willful misconduct of the party Centractor in the performance of this Agreement, including attorneys' fees reasonably incurred, except that the Contractor shall not indemnify the Town for any ofthe foregoing which arise out of or result from the negligence or willful misconduct oft the Town or its employees or agents..  13    SECTION 10-I DEFAULT AND TERMINATION  In the event there should occur any material breach or material default in the performance of any covenant or obligation of the Town or Contractor which has not been remedied within thirty (30) days after receipt of written notice from the nonbreaching party specifying such breach or default (or such longer period of time as isre reasonably necessary to cure any such breach or default which: is not capable ofbeing cured within thirty (30) days provided thel breaching party has undertaken to cure within such thirty (30) days and proceeds diligently thereafter to cure in an expeditious manner), thei non-breaching party: may, ifs such breach or default is continuing, terminate this Agreement upon written notice to the other party. In the event ofa a breach, event of default, or termination of this Agreement, each party shall have available all: remedies in equity or at law, unless otherwise provided elsewhere in this Agreement.  SECTION 11 -AFFIRMATIVEACTION  The Contractor shall not discriminate against any person because of race, sex, age, creed, color, disability, religion, or national origin. See also 1.11 oft the RFP.  SECTION12-1 FORCE MAJEURE  The Contractor will: not bei responsible for delays ori increased volume caused by storms, hurricanes, or other natural disasters or events beyond its control, and the Town will grant such variances in routes and schedules as are reasonably required, and shall negotiate with the Contractor fees for any additional work which the Contractor may Except for Town's obligation to pay amounts due to Republic, any failure or delay in performance under this Contract due to contingencies beyond a party's reasonable control, including, but not limited to, strikes, riots, terrorist acts, compliance with Applicable Laws or governmental orders, fires, bad weather and acts of God, shall not constitute a breach of this Agreement, but shall entitle the affected party tol bei relieved ofperformance at the current pricing levels under this Contract during the term of such event and for a reasonable time thereafter. The collection or disposal of any increased volume resulting from a flood, hurricane or similar or different Act of God over which Republic has no control, shall not be included as part of] Republic's service under this Contract. In the event ofi increased volume due to al Force Majeure event, Republic and the Town shall negotiate the additional payment to be made to Republic. Further, the Town shall grant Republic variances in routes and schedules as deemed necessary by Republic to accommodate collection of the increased  agree toj perform in the event ofa a disaster.  volume of Waste Materials.  14    SECTION B-GENERALPROVYISIONS  13.1 Taxes  The Contractor shall promptly pay all taxes and license fees required by the  Town and by the State ofl North Carolina.  13.2 Permits  The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Agreement) required by the Town, Davie County, the  State ofNorth Carolina, or by the federal government.  13.3 Non-Assignment; Subcontracting  The Contractor may not assign or subcontract its duties or responsibilities under this Agreement without the written consent oft the Town, which shall not The consent of the Town should not be unreasonably delayed or conditioned by the' Town and no consent is required for transfers to affiliates and/ori in connection  be unreasonably withheld.  with the sale or purchase ofal business.  13.4Laws and Regulations  The Contractor shall conduct operations under this Agreement in compliance with all applicable laws, provided that the Town shall take no action to enact any laws that have the effect of adversely affecting the Contractor's rights and  obligations hereunder.  13.5 Governing Law; Forum; Venue  The terms, conditions and provisions in the RFP: may supplement the Contract between the Town and the Contractor. The order of precedence will be the Contract, the RFP, the winning proposer's response and general law. This Agreement shall be governed under thel laws oft the State ofNorth Carolina. The appropriate forum for judicial interpretation of this Agreement and the sole venue for legal actions concerning this Contract shall be the Courts of Davie  County, North Carolina.  15    13.61 No Other Parties tol Benefit  This Agreement: is for the benefit oft the parties hereto and does not enlarge any party's liability to any third palty. Thej provisions oft this Agreement shall not be construed to create a higher standard of safety or care: in any evidentiary sense  with respect to third party claims.  13.7Appropriation of] Funds  This Agreement shall be subject tot the annual appropriation and budget process Republic shall be compensated for services actually provided in accordance with the payment terms as adjusted from time to time. Republic shall be compensated for its services based on the Town's collections, (which are in arrears on ai monthly cycle at the end of each month). Town shall pay Republic within fifteen (15) days following the end of the month in which the Town receives payment. The Town shall ensure that at all times during the term of this Contract that the Town will charge, pursuant to an ordinance duly passed by the Town's governing body, a sufficient: rate: from the Town's: solid waste Town to pay the amounts due under this Contract and to otherwise operate the Town's solid waste collection system, including all applicable sales taxes and billing and collection costs and procedures for Towns services hereunder. The Town shall provide to Republic a copy ofall ordinances referenced by this paragraph within thirty (30) days of passing each such ordinance. It is expressly understood by the parties that all payments due by the Town hereunder are to be made from revenues received by the Town from the operation of its solid waste collection system and that all payments to be made hereunder shall constitute operating expenses of such waste collection system. Republic shall not have any right to demand payment ofany obligation ofthe' Town under this Contract from funds raised or to bei raised by taxation. No obligations of the Town under this Contract shall be construed to be a debt of the Town of such kind as to require under the laws of this State the levy and collection of a tax to  oft the Town as required by state statute.  discharge such obligation.  13.8 Headings  The headings oft the paragraphs and subparagraphs shall not be interpreted as a  limitation upon the language contained therein.  13.9 Severability  Ifany provision herein shall be found to be unenforceable or of no effect, the remaining provisions shall continue to bei in full force and effect.  16    13.10 Indulgences Not Waivers  A waiver of any breach of any provision of the Agreement shall not constitute or operate as a waiver of any breach of such provision or any other provision, nor shall any failure to enforce any provision hereof operate as a waiver ofs such  provision.  13.11 Modifications and Waiver  The parties must mutually agree upon any changes ini the Agreement and must be incorporated by written amendments toi the Agreement. The Town Manager shall have the authority to amend the Agreement on behalf ofthe This Agreement constitutes the entire agreement of the parties regarding the subject matter hereof and may be amended or modified only by a written agreement signed by both parties. The Town and the Contractor may amend this Agreement at any time during the term to add additional Residential Units or Designated Non-Residential Locations within the Town, or additional  Town.  services (i.e., Yard Waste collection, etc.).  13.12 Independent Contractor  The Contractor and the Town agree that the Contractor is an independent contractor and not an employee nor agent of the Town, The Contractor shall have exclusive control of and the exclusive right to control the details of the services and work performed, and such action does not create a partnership, agency, joint venture or other similar relationship between the Town and the The Contractor agrees that it will not represent to anyone that its relationship with the Town is other than that of an independent contractor, and the Town and the Contractor may SO inform any patties with whom they deal and may take any other responsible steps to carry out thei intent oft this section. The Contractor shall be fully and solely responsible for its own acts and omissions and those of  Contractor.  its employees, officers, agents, and subcontractors.  17    13.13 Notices Town at: Town Manager 120 Kinderton Blvd, Suite 100 Bermuda Run, NC27006 Town. Attorney 120 Kinderton! Blvd, Suite 100 Bermuda Run, NC: 27006 For the Contractor:  Any notice required herein shall be given by certified mail to the  13.14 Non-Exclusive. Agreement  The Contractor is granted a non-exclusive Agreement to provide Garbage, Recyclables and Bulk Waste collection services, as described herein, within the Service. Area. Town intends to Contract ONLY with the Contractor for routine collection services as described herein. In the event of an emergency declared by the appropriate governmental authorities, an event of Force Majeure or breach ofthis Agreement by the Contractor, allowing the Town to  provide alternative collection services.  13.15 Dispute Settlement  See Section Five oft the RFP. Ifmediation is not successful, either party may bring an action in a court of appropriate venue. The prevailing party shall be entitled to reimbursement of reasonable attorney's fees not to exceed a maximum oft the amount of attorney's fees actually expended in litigation.  13.16Town. Authorized Agents 13.17' Town Not Liable for Delays  Town Manager and his Designee(s)  It is further expressly agreed that in no event shall the Town be liable for or responsible to the Contractor for or because of any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or due to any delay for any cause over which the Town has insufficient control  to cause a different result.  18    13.18 E-Verify  Vendor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, if the Contractor utilizes a subcontractor, the Contractor shall require the subcontractor to comply with the requirement of Article 2 of Chapter 64 oft the North Carolina General Statutes. Vendorh hereby certifies that iti is not on thel North Carolina State Treasurer's list of persons engaging in business activities in Iran, prepared pursuant to NCGS $G.S. 147-86.55-69, nor will contractor utilize on this agreement any subcontractor on such list. This list, along with additional information about the Iran Divestment Act, is available on the Treasurer's Office site: lepartment/OpenGovermentPagelranDvestment-Act-Resoures.AsD*  13.19 Iran Divestment Act  tps/ww.nctreasurercom/mside-tie.  13.20 Divestment From Companies That Boycott Israel  Contractor hereby certifies that it is not on the North Carolina State Treasure's list of companies engaged in a boycott of Israel in violation of NCGS $14786.80, et._seq., and that it will not utilize on this agreement any  subcontractor on said list.  19    ITEMS 101 B  TO:  Town Council  BERMUD  DATE: May 7,2024  RE:  Renewal of] Interlocal Agreement with Davie County  The included Interlocal Agreement with Davie County for Shared Services is an effort to reduce redundancy, create efficiencies and save money for the Town of] Bermuda Run. The Town has a longstanding relationship with the County toj provide shared services fori its residents. The current agreement expires June 30, 2024. This renewal excludes Planning and Zoning Services but  includes the following services: Tax Collections Sewer Billing and Collections Building Inspections    INTERLOCAL AGREEMENT BETWEEN  THE TOWN OF BERMUDA RUN AND DAVIE COUNTY  This Interlocal Agreement made and entered into this the_ day of  2024, by and between  the Town of Bermuda Run, hereinafter referred to as the "Town" and Davie County, hereinafter  referred to as the' "County".  Witnessed:  Whereas, the Town has a desire and a need to: share certain services with the County; and, Whereas, iti isi int the best interest of the citizens of the Town that certain services be shared with the Whereas, the County is willing and agreeable to sharing certain services it currently utilizes with the NOW THEREFORE, as consideration of the promises and covenants contained herein in this  County;a and,  Town as outlined below.  Agreement, the parties hereto agree as follows:  I.S SHARED SERVICES: The parties agree that the shared services shall be thei following:  County services to Town a. Tax Collections b. Sewer Billing & Collections Building Inspections  2. The County shall provide the above services to the Town fort thei fees as hereinafter set forth in  each subparagraph as follows:  A. Tax Collection.  The County shall provide tax collection and taxl billing services for the Town of Bermuda Run listed int the Detailed Services and Annual Payments as stated below: 1. County Billing and Collection of Town Taxes. The COUNTY will bill and collect TOWN ad valorem taxes (not including motor vehicle taxes collected by the State of North Carolina under N.C.G.S Chapter 105, article 22A) and related charges, including current or delinquent taxes due to the Town, beginning July I, 2024 for the 2024-2025 fiscal year (July-March    collections and a second billing for April-June collections by. July 31), as set forth below in 2. Compliance. The COUNTY will comply with all applicable tax collection laws of North Carolina, including those contained in Subchapter II of Chapter 105 of the General Statutes of North Carolina, and all the administrative mandates issued byt the State of North Carolina. 3. Records and Accounts. The COUNTYshall. maintain, ina an on-line environment, alla ad-valorem tax records and other related charges, including amounts paid and unpaid, in the same The COUNTY shall provide the TOWN with all the necessary reports required to enable the TOWN to prepare and record the necessary1 financial transactions. The COUNTY: shall provide the TOWN'S auditors during regular business hours with the information needed to perform 4. Delinquent Taxes, Foreclosure. The COUNTY: shall advertise for the TOWN all delinquent ad- valorem taxes that constitute a lien on real property int the same advertisement in which the COUNTY advertises it delinquencies. The COUNTY shall perform all foreclosure proceedings when applicable to TOWN tax liens to the extent permitted by law. In the discretion of the County's Tax Collector, any tax foreclosure proceeding mayi include other liens held by either Party which are proper for inclusion in the taxi foreclosure proceeding. The Town retains the right to initiate foreclosure actions on other Town liens and to include Town tax liens in: such foreclosure actions. Ifthe TOWN intends to bringa at foreclosure action on a property on which the COUNTY has al lien which is proper fori inclusion in the action, the COUNTY Tax Collector or COUNTY Attorney may authorize the TOWN attorney bringing such an action to include any COUNTY liens which are proper for inclusion in the action, including COUNTY Tax liens, 5. Refunds and Rebates. Applications from the TOWN taxpayers for refunds and releases for TOWN taxes shall be considered by COUNTY and determined in the same manner as applications forr refunds and releases on COUNTYtaxes. TOWN refunds willl be deducted from 6. Adoption of Tax Rates. The TOWN will make every effort to adopt its tax rate not later than. Julyl lofa any fiscal year. However, ini the event it is necessary to adopt an interim budget, the TOWN will adopt its taxi rate not latert than August lofthat fiscaly year pursuant to N.C.G.S. 7. Cost for Billing and Collection. The COUNTY shall incur all costs for preparing, printing, 8. Annexations. The TOWN agrees to make every effort concerning involuntary annexations, to make such annexations effective. June 30th prior to the ensuing fiscal year. With respect  subparagraph number (11) below.  manner as COUNTY records are maintained.  their duties.  and to represent the COUNTY in: such action with respect to such lien(s).  monthly transfer amounts due to the TOWN.  105-347  billing, and collecting the Town tax bills, including follow-up notices.    tov voluntary annexations, the TOWN will provide the COUNTY information on the date of annexation of each such boundary annexation, and COUNTY shall prorate taxes due to the 9. Acquisition upon Foreclosure. Ini the event a tax foreclosure results in a tax foreclosure sale of property located int the TOWN, the TOWN: agrees to bid on the property in the amount sufficient to cover all TOWN and COUNTY ad valorem taxes, along with fees associated with 10. Bankruptcy Proceedings. The COUNTY shall file the Town's claim for ad. valorem taxes due in all proceedings under the Bankruptcy Act, to which it has actual knowledge. 11. Annual Payment to COUNTY. The annual fee for collection services for each fiscal year shall be payable on or before April 15th of that fiscal year and shall be 1.95% of all non-motor vehicle collections (also to include Gate Fees) for the fiscal year ending June 30 of the prior year. The second billing will be due August 31st.F For motor vehicle tax bills, the TOWN shall  TOWN and collect them accordingly.  the foreclosure procedure.  pay the sum of1.5% of all collections fori that fiscal year.  B. Sewer Billing and Collections.  The County shall provide sewer billing and collection services for the Town, in the same mannerasi is now provided. The Town shall payt the County the sum of 53642.00(FY2024- 2025) payable on or before April 15 of each year. During the term of this Agreement, the above fee shall be adjusted annually under this agreement at the rate of three (3%)  percent per year.  C.B Building Inspections.  The County shall enforce the State building codes for the Town. The County shall receive all fees collected in said enforcement as payment for same.  3. Terms of Agreement. The term of this agreement shall be to and including the 30-th day ofJ June 2027, unless terminated earlier pursuant to thel below provisions. Either party may terminate all or some portion oft this Agreement by giving the other party ninety (90) days' notice of theiri intent to terminate prior to the endo of the then current fiscal year. Both parties agree that their fiscal planning and budgetary processes require notice as early as possible and agree to cooperate and acti ing good faith in any termination notice. 4. This document constitutes the entire agreement between the parties hereto as to the provisions ofs services set forthl hereinand. shall only be modified or amended: ats such times and consent oft the parties by an expressed written and signed Modification Agreement. Itis understood between the parties that should the scope of any of the above services  materially change, the price oft those services shall be renegotiated.    IN WITNESS WHEREOF, THE COUNTY AND THE TOWN have each caused this instrument to be signed in the corporate name by its duly authorized officers by authority of their  respective governing bodies the day and year first above written.  Town of Bermuda Run Mike Brannon, Mayor Town of Bermuda Run Davie County  Attested to: Cindy Poe, Town Clerk  Attested to:  Mark. Jones, Chairman of Davie County Board of Commissioners  Karen Logan, Clerk to the Board  This instrument has been pre audited in the form required by the Local Government Budget and  Fiscal Control Act:  Finance Officer-Town of Bermuda Run  This instrument has been pre audited in thei form required by the Local Government Budget and  Fiscal Control Act:  Finance Officer--Davie County  Approved as to form: County Attorney  Approved as to form: Town Attorney    ITEMS 10C,D,E  TO:  Town Council  ERMUI  DATE: May 7, 2024  RE:  On-Call Engineering Services  As standard practice, many municipalities maintain on-call agreements with multiple consulting firms for engineering, surveying, and various other professional services. These consultants are available to provide much-needed and timely support to town staff on an on-call and as-needed The selection is not a contract for a specific project or service. Rather, specific projects or services would bej procured through Task Orders, which are abbreviated contracts. When thet town requires services for which the on-call consultant is qualified to provide, the town may negotiate a Task Order with the on-call consultant, which would set forth a detailed scope ofwork, fee, and: schedule Aj purchase order would then be issued based on the Task Order. The agreement does not oblige the town to select the on-call consultant for any future work, nor does it restrict the town from The following are recommended for On-Call Engineering Services for the Town ofBermuda Run:  basis Pursuant to N.C.G.S. 143-64.31 and N.C.G.S. 143-64.32  for the project or service.  hiring other firms for like services.  Hazen & Sawer Wetherhill Engineering, Inc LJB, Inc    DERMUD  R2024-03  RESOLUTION OF ADOPTION  RESOLUTION TO EXEMPT THE PROCESS OF SELECTING AN ENGINEER FOR SEWER AND STORM WATER PROJECTS INF FSCALYEAR2022-2023 PURSUANTTO N.C.G.S. $143-64.31 AND N.C.G.S. 5143-64.32 WHEREAS, the Town of Bermuda Run has certain ongoing projects regarding repair, maintenance and upgrading of the Town's Sewer and Storm Water System during Fiscal Year 2023-2024 and Fiscal Year WHEREAS, Hazen & Sawyer Engineering, Inc., is knowledgeable about the ongoing plans and projects for WHEREAS, Hazen & Sawyer Engineering, Inc.is duly licensed by the State of North Carolina and is qualified and competent to offer and provide engineering services for the ongoing projects described WHEREAS, the Town of Bermuda Run desires to retain Hazen & Sawyer Engineering, Inc., to perform engineering services related to sewer and storm water system repair, maintenance and upgrading in WHEREAS, the Town of Bermuda Run desires to exempt pursuant to N.C.G.S. $143-64.32, and to retain Hazen & Sawyer, Inc., to perform engineering services related to sewer and storm water system repair, NOW, THEREFORE, BE IT RESOLVED that the Town of Bermuda Run Town Council approves the exemption pursuant to N.C.G.S. $143-64.32, and authorizes the retention of Hazen & Sawyer, Inc., to perform engineering services related to sewer and storm water system repair, maintenance and upgrading in Fiscal Year 2023-2024a and Fiscal Year 2024-2025 pursuant to N.C.G.S. $143-64.32. BEI ITF FURTHER RESOLVED that the Town of Bermuda Run Town Council authorizes the Town Manager to execute such contracts as necessary to implement the provisions of this resolution, and authorizes the  2024-2025; and  sewer and stormwater system repair, maintenance and upgrading; and  herein; and  Fiscal Year 2023-2024 and Fiscal Year 2024-2025; and  maintenance and upgrading in Fiscal Year 2023-2024 and Fiscal Year 2024-2025.  Town Manager to execute the same.  Adopted this Attest:  day of  2024  Cindy Poe, Town Clerk Town of Bermuda Run  Mike Brannon, Mayor Town of Bermuda Run    BERM  R2024-04  RESOLUTION OF ADOPTION  RESOLUTION TO EXEMPT THE PROCESS OF SELECTING AN ENGINEER FOR TRANSPORTATION AND STORM WATER PROJECTS IN FISCAL YEAR2 2022-2023 PURSUANT TO N.C.G.S. $143-64.31 AND N.C.G.S. WHEREAS, the Town of Bermuda Run has certain ongoing projects regarding repair, maintenance and upgrading of the Town's Transportation and Storm Water System during Fiscal Year 2023-2024 and WHEREAS, Wetherill Engineering, Inc., is knowledgeable about the ongoing plans and projects for WHEREAS, Wetherill Engineering, Inc.is duly licensed by the State of North Carolina and is qualified and competent to offer and provide engineering services for1 the ongoing projects described herein; and WHEREAS, the Town of Bermuda Run desires to retain Wetherill Engineering, Inc., to perform engineering services related to transportation and storm water system repair, maintenance and WHEREAS, the Town of Bermuda Run desires to exempt pursuant to N.C.G.S. $143-64.32, and to retain Wetherill Engineering, Inc., to perform engineering services related to transportation and storm water system repair, maintenance and upgrading in Fiscal Year 2023-2024 and Fiscal Year 2024-2025. NOW, THEREFORE, BE IT RESOLVED that the Town of Bermuda Run Town Council approves the exemption pursuant to N.C.G.S. $143-64.32, and authorizes the retention of Wetherill Engineering, Inc., to perform engineering services related to transportation and storm water system repair, maintenance and upgrading in Fiscal Year 2023-2024 and Fiscal Year 2024-2025 pursuant to N.C.G.S. $143-64.32. BE IT FURTHER RESOLVED that the Town of Bermuda Run Town Council authorizes the Town Manager to execute such contracts as necessary to implement the provisions of this resolution, and authorizes the  $143-64.32  Fiscal Year 2024-2025; and  transportation and stormwater system repair, maintenance and upgrading; and  upgrading in Fiscal Year 2023-2024 and Fiscal Year 2024-2025; and  Town Manager to execute the same.  Adopted this Attest:  day of  2024  Cindy Poe, Town Clerk Town of Bermuda Run  Mike Brannon, Mayor Town of Bermuda Run    BERMUD  R2024-05  RESOLUTION OF ADOPTION  RESOLUTION TO EXEMPT THE PROCESS OF SELECTING AN ENGINEER FOR STORM WATER PROJECTS IN WHEREAS, the Town of Bermuda Run' has certain ongoing projects regarding repair, maintenance and upgrading of the Town's Storm Water System during Fiscal Year 2023-2024 and Fiscal Year 2024-2025; WHEREAS, UJB, Inc., is knowledgeable about the ongoing plans and projects for stormwater system WHEREAS, LGB, Inc. is duly licensed by the State of North Carolina and is qualified and competent to offer and provide engineering services for the ongoing projects described herein; and WHEREAS, the Town of Bermuda Run desires to retain LJB, Inc., to perform engineering services related to storm water system repair, maintenance and upgrading in Fiscal Year 2023-2024 and Fiscal Year WHEREAS, the Town of Bermuda Run desires to exempt pursuant to N.C.G.S. $143-64.32, and to retain UJB, Inc., to perform engineering services related to storm water system repair, maintenance and NOW, THEREFORE, BE IT RESOLVED that the Town of Bermuda Run Town Council approves the exemption pursuant to N.C.G.S. 9143-64.32, and authorizes the retention of LJB, Inc., to perform engineering services related to storm water system repair, maintenance and upgrading in Fiscal Year BE ITI FURTHER RESOLVED that the Town of Bermuda Run Town Council authorizes the Town Manager to execute such contracts as necessary to implement the provisions of this resolution, and authorizes the  FSCALYEAR2022-2023 PURSUANTTO N.C.G.S. $143-64.31 ANDI N.C.G.S. $143-64.32  and  repair, maintenance and upgrading;a and  2024-2025; and  upgrading in Fiscal Year 2023-2024 and Fiscal Year 2024-2025.  2023-2024 and Fiscal Year 2024-2025 pursuant to N.C.G.S. $143-64.32.  Town Manager to execute the same.  Adopted this Attest:  day of  2024  Cindy Poe, Town Clerk Town of Bermuda Run  Mike Brannon, Mayor Town of Bermuda Run    ITEMS 10 F  TO:  Town Council  DERMUD  DATE: May 7,2024  RE:  Planning Services Contract-Benchmark, CMR, Inc.  The included Agreement with Benchmark, CMR, Inc is an effort to provide the highest level of professional Planning and Land Use services to the residents of Bermuda Run. The Town has regularly utilized the services ofBenchmark Planning for short- and long-range Planning activities  including the most recent update to the Comprehensive Plan. The. Agreement proposes the following services:  Provide al Planner to the Town on ai monthly basis for upi to twenty-five hours per month. Thel Planner will travel tol Bermuda Run for office. hours and/or meetings with thel Planning Board, developers, or other agreed upon meetings up to two days per month. The Planner will be available other days of the month to provide remote planning The Planner will prepare Planning Board case: reviews and presentations as necessary. The Planner will provide necessary staff reports and supporting documentation for Town  administration services on an as: needed, on-call basis. The Planner will assist with major development review.  Council meetings as it relates to planning administration functions.    STATE OF NORTH CAROLINA COUNTY OF DAVIE  AGREEMENT FOR SERVICES WITH: ILOCAL GOVERNMENT  THIS AGREEMENT, made and entered into this  day of_  2024  by and between the Town ofl Bermuda Run, herein and after referred to as the Local Government and Benchmark CMR, Inc., al North Carolina Company located in Charlotte, North Carolina.  WITNESSETH:  WHEREAS, the Local Government has requested Benchmark CMR, Inc. to provide WHEREAS, Benchmark CMR, Inc. has expertise in response to the request pertaining to WHEREAS, the Local Government and Benchmark CMR, Inc. desire to memorialize NOWTHEREFORL, the Local Government and Benchmark CMR, Inc. agree as follows: SCOPE OF SERVICES: Benchmark CMR, Inc. agrees to provide and perform for the Local Government all of those services stipulated in the Scope of Services attached to this contract and which is hereby incorporated as aj part oft this contract as if fully set forth herein.  planning administration services; and  same; and  Benchmark CMR, Inc.'s proposal and award oft the contract,  1.  2.  COMPENSATION FOR SERVICES: In the provision of the aforementioned services, Benchmark CMR, Inc. shall receive compensation for the services detailed in Attachment A. Scope of Services, attached to this contract at the annual rate of $28,500.00 for the period ofJuly 1,2024 to June 30, 2025. This fee shall be paid to Benchmark CMR, Inc. and in accordance with Section 3 below. Any different or additional Scope of Services approved and authorized by the Local Government in advance shall be compensated when authorized in accordance with the terms agreed  to by both parties in ai formally executed Contract Addendum.  3.  METHOD OF PAYMENT: Benchmark CMR, Inc. will invoice the Local Government in twelve equal monthly payments ini the amount of $2,375.00 with the first payment being invoiced on August 1, 2024. The Local Government shall compensate Benchmark CMR, Inc. for services  performed within thirty (30) days of the date of said invoice statement.  4.  TERMINATION OF CONTRACT FOR CAUSE: If Benchmark CMR, Inc. shall fail to fulfill in a timely, professional and proper manner all obligations under this contract, or should Benchmark CMR, Inc. violate any of the covenants, agreements, or stipulations of this contract, the Local Government shall have the right to terminate this contract immediately by giving written notice to Benchmark CMR, Inc. of such termination and specifying the effective date thereof. In a like manner, Benchmark CMR, Inc. shall have the right to terminate this contract immediately by giving written notice to thereof. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by Benchmark CMR, Inc. under this contract shall, at the option of the Local Government, become the property of the Local Government, and Benchmark CMR, Inc. shall be entitled to receive just and equitable compensation Page 1- Benchmark CMR, Inc. /Town of Bermuda Run. Planning Administration Services Agreement    for any work satisfactorily completed pursuant to this contract. However, the Local Government shall not be obligated to pay any remaining charges for work satisfactorily completed where there exists a right in favor of the Local Government for refund, reimbursement or offset in connection with any 5. NO HIRING: Throughout the term of this Agreement and for a period of one year after the termination or expiration of this Agreement, Local Government and Benchmark CMR, Inc. agree not to employ, solicit or offer employment, either directly or indirectly (including without limitation, through the use ofa any third party) to any employee of the other, without the prior written consent of  obligations arising from Benchmark CMR, Inc. to the Local Government.  the other. 6.  LEGAL REMEDIES: Benchmark CMR, Inc. shall not be relieved of any liability to the Local Government for damages sustained by the Local Government by virtue of any breach of this contract by Benchmark CMR, Inc. It is specifically understood that the Local Government may withhold any payments to Benchmark CMR, Inc. for the purpose of offset until such time as the exact amount of damages due the Local Government from Benchmark CMR, Inc. is determined. The Local Government otherwise reserves all legal remedies as may be provided by law.  7.  CHANGES: The Local Government may, from time to time, request changes ini the Scope of Services of Benchmark CMR, Inc. to be performed hereunder. Such changes, including any increase or decrease in the amount of Benchmark CMR, Inc.'s compensation which may be mutually agreed upon between the Local Government and Benchmark CMR, Inc. shall be incorporated in written amendments tot this contract after appropriate authorization as called for in Section 2 ofthis contract. EQUAL EMPLOYMENT OPPORTUNITY: Benchmark CMR, Inc. shall not discriminate against any employee or applicant for employment on account of race, color, religion, sex, national origin, age, because of handicapping condition, or qualified special disabled veterans, veterans oft the Vietnam era and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. Benchmark CMR, Inc. shall take affirmative action to ensure equal employment opportunity with respect to all of its employment  8.  practices. 9.  FEDERAL AND STATE COMPLIANCE: Benchmark CMR, Inc. acknowledges responsibility for compliance with any and all applicable corporate, partnership or individual taxation laws. Benchmark CMR, Inc. shall pay all applicable taxes and insurance premiums stipulated by applicable law and shall hold harmless the Local Government for the payment thereof. Benchmark CMR, Inc. acknowledges exemption from withholding of applicable taxes or other deductions from compensation agreed to in Section 2 ofthis contract. Benchmark CMR, Inc. agrees to furnish Federal Form W-9, upon execution oft this contract and prior to issuance of any compensation from the Local 10. INSURANCE: Benchmark CMR, Inc. shall maintain general liability insurance with policy limits of at least $1,000,000.00 per incidemt132,000,000.00 aggregate and shall maintain Worker's Compensation Insurance as required under North Carolina law. Insurance certificates will be provided to the Local Government before any work under this contract commences.  Government.  Page 2- Benchmark CMR, Inc. /Town of Bermuda Run Planning Administration Services. Agreement    11. ENTIRE AGREEMENT: This is the entire agreement between the parties and there are no terms, conditions, representations or warranties relating to the work to be performed hereunder which  are not specifically set forth herein.  IN WITNESS WHEREOF, the parties have executed this agreement as oft the day and year  first above written.  ATTEST  TOWN OF BERMUDA RUN  BY:  Signature  Signature  Print or Type name  Title  This instrument has been pre-audited in ai manner required by applicable law.  Finance Officer ATTEST  BENCHMARK CMR, INC.  BY:  Signature  Date Vagn K. Hansen II Name Planning Director Title  Date Jason M. Epley Name President Title  Page. 3- Benchmark CMR, Inc. /Town of Bermuda. Run. Planning Administration Services. Agreement    ATTACHMENT SCOPE OF SERVICES  PLANNING ADMINISTRATION SERVICES  Benchmark will provide a Planner to the Town on a monthly basis for up to twenty-five The Planner will travel to Bermuda Run for office hours and/or meetings with the Planning Board, developers, or other agreed upon meetings up to two days per month. The Planner will be available other days of the month to provide remote planning The Planner will prepare Planning Board case reviews and presentations as necessary. The planner will provide necessary staff reports and supporting documentation for Town  hours per month.  administration services on an as needed, on-call basis. The Planner will assist with major development review.  Council meetings as it relates to planning administration functions.  Page 4- Benchmark CMR, Inc. /Town of Bermuda Run Planning Administration Services Agreement    N  a y        5    N N  A    N  3            e co    TOWN OF BERMUDA RUN DETAILACCOUNT INQUIRY BY FUND PERIOD: 04/01/2024 TO 04/30/2024  FY2023-2024 DATE  10-10-00-005 BOTO- Checking  BALFORWARD PERIODTODATE -410,631.37  ACCTBAL -250,497.10 BALANCE -249,433.41 -448,440.73 -448,492.73 -448,440.73 -448,165.73 441,232.40 -396,272.64 -435,547.65 -436,279.05 -410,478.11 -396,203.41 -396,281.84 -398,988.04 -405,761.41 -406,840.83 -373,066.03 -277,237.76 -254,683.95 253,110.95 -253,490.95 -206,942.95 426,675.22 -471,256.22 470,906.22 470,350.68 470,150.68 470,225.68 468,243.68 -461,207.99 -461,242.99 464,960.97 -462,240.88 -461,815.88 446,188.82 -387,522.60 -395,858.95 -398,793.51 -398,876.62 -398,972.97 -400,027.14 -277,969.94 -278,021.94 -250,549.10 -250,497.10  160,134.27 CREDIT 199,007.32 52.00  MOD REFERENCE  JE#or VOUCHER# CHECK#  DEBIT 52.00 275.00 6,933.33 44,959.76 25,800.94 14,274.70  BALANCE. FORWARD  04/01/2024 AP DETAIL/SUMMARY CHECK POSTING  04/02/2024 FL Constant Contact 04/02/2024 FL Sweep 04/04/2024 CA DEP44241 RFIDs 04/05/2024 FL Sweep 04/08/2024 CA DEP 40823) Property Tax and Sew 04/09/2024 FL Sweep 04/09/2024 AP DETAIL/SUMMARY CHECK. POSTING 04/10/2024 FL Sweep 04/11/2024 FL Sweep 04/11/2024 FL Flex Pay 04/11/2024 FL Payroll) Liabilities 04/17/2024 FL Empower 04/17/2024 FL Sales &1 Use' Tax 04/17/2024 FL Sweep 04/17/2024 FL Sweep 04/17/2024 FL Sweep 04/17/2024 FL UNCS SOGI Dora Class 04/17/2024 CA DEP 41724 Triad ABC 04/17/2024 AP DETAIL/SUMMARY CHECK POSTING 04/18/2024 FL Sweeep 04/18/2024 CA DEP4 41824) RFIDs 04/19/2024 FL Sweep 04/22/2024 FL Sweep 04/23/2024 FL Ethics Training. JeffTedder 04/23/2024 FL Sweep 04/23/2024 CA DEP 42324 Vehicle" Tax 04/24/2024 FL 04/24/2024 FL Orbit] Retirement 04/24/2024 FL Sweep 04/25/2024 CA DEP 425241 RFIDs 04/25/2024 FL Sweep 04/26/2024 FL Sweep 04/26/2024 FL Payroll 4/26/24 04/26/2024 FL Office Supplies 04/29/2024 FL Flex) Pay 04/29/2024 FL 04/29/2024 FL Sweep 04/29/2024 FL 04/30/2024 FL Sweep 04/30/2024 FL Sweep.  4052 4055 4053 4054 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4072 4073 4074 4078 4079 4081 4082 4076 4077 4080 4083 4084 4085  39,275.01 731.40 78.43 2,706.20 6,773.37 1,079.42  04/12/2024 AP DETAIL/SUMMARY CHECK POSTING  33,774.80 95,828.27 22,553.81 1,573.00 46,548.00 350.00 555.54 200.00 1,982.00 7,035.69 2,720.09 425.00 15,627.06 58,666.22  380.00 219,732.27 44,581.00 75.00 35.00 3,717.98  Women's. Lunch-Melinda  04/26/2024 AP DETAISUMMARY CHECK POSTING  8,336.35 2,934.56 83.11 96.35 1,054.17 52.00 530,780.94 530,780.94  Empower Retirement Constant Contact  122,057.20 27,472.84 52.00 529,717.25 529,717.25  SUBTOTALS. FORACCOUNT: 10-10-00-005:  0-00. 1>000-00+ 250-000-0- T>497-10- 2501497405  DRobe fl-Detail  05/01/2024 9:03:26AM  Page 1 of1