PROPOSED AGENDA Bermuda Run Town Council Meeting Tuesday, December 13, 2022 Bermuda Run Town Hall Mission: "The Town ofl Bermuda Run exists to) provide core public services that enhance the quality oflife. for its residents and an environment for the business  TEIORT  6:00PM  community to thrive".  1. Call to Order 2. Pledge of Allegiance 3. Moment of Silence  "lt is the intent oft the Town Council to: solemnize the proceedings of this meeting and the business brought before the governing board, to offer the opportuntylorareflectiwe moment of silence."  4. Town of Bermuda Run Code of Ethics Statement-Town Attorney Brian Williams  5. Adoption of the Agenda Motion:  Second:  In Favor:  Opposed:  6. Approval of the November 8, 2022, Town Council Meeting Minutes  Motion: 7. Citizens' Comments 8. Presentation  Second:  In Favor:  Opposed:  A. aDtat-Dave-Tamara Taylor, Executive Director, Habitat for Humanity-Davie County A. Budget Amendment-General Fund Acceptance from Bermuda Run Community' Vision Fund The' Town Manager recommends the 2022-2023 General Fund Budget be amended to accept $3,000 from thel Davie County Community Foundation as revenue and expend $3,000 for expenses related to  9. Proposed Action Items  the 2022 Christmas in the' Town of Bermuda Run".  Motion:  Second:  Inl Favor:  Opposed:  B. Community Project Funding Application and Resolution  The Consolidated Appropriations Act, Congress made available Community Project Funding Grants thru the Department of Housing and Urban Development (HUD) a grant award of $3,650,000 for The Town of Bermuda Run Recreational Infrastructure and Safety Improvements. Staff is requesting that action be taken on the Agreement for Execution by Town Manager and submittal of formal application to the U.S. Dept. of Housing and Community Development's  Community Funding Program.  Motion:  Second:  In Favor:  Opposed:    TA: 2022-01 Self Storage Warehousing, VM Zoning District  The purpose of this text amendment to permit with conditions the use of self-storage warehousing int the VM: zoning district. Iti is currently permitted for use within existing buildings in the VM: zoning The Planning Board recommended by a vote of 5-0 in favor to approve the proposed text  district. amendment.  Mayor Cross Opens Public Hearing Mayor Cross Closes Public Hearing  Staffi is requesting that action be taken on the proposed amendment after the close oft the public hearing: Recommendation Approval: The Board finds that the amendment is consistent with the Town of Bermuda Run Comprehensive Plan and considers the action to be reasonable andi in the public interest. Recommend. Approval with changes: The Board finds that the amendment is noti fully consistent with the Town of Bermuda Run Comprehensive Plan, but the changes agreed upon will make it fully Recommend Denial: The Board finds that the amendment is not consistent withi the Town of Bermuda Run Comprehensive Plan and does not consider the action to reasonable and in the publici interest.  consistent and considers the action to be reasonable and ini the public interest.  Defer: The amendment needs additional consideration.  Motion:  Second:  In Favor:  Opposed:  D. Review of ARPA Funding-Required Policies  Adoption of Policies for the Expenditure of American Rescue Plan Act of 2021, Coronavirus State and Local Fiscal Recovery Funds. Town Attorney, Brian Williams has reviewed thep proposed policies.  a. Conflict of Interest Policy b. Eligible Use Policy C. Allowable Cost Policy d. Records Retention Policy e. Non-discrimination Policy  Staffi is requesting that action be taken on the Policies.  Motion: 10. Information Item  Second:  In Favor:  Opposed:  A. Response addressing "FPIC" identified on. June 30, 2022, Audit  11. Town Manager Report/Comments 12. Council / Mayor Comments  13. Adjourn Motion:  Second:  In Favor:  Opposed:    (ITEM 6)  Town of Bermuda Run Town Council Meeting Minutes November 8, 2022 - 6:00 PM  The Town Council of Bermuda Run held its scheduled meeting on Tuesday, November 8, 2022 at Council Members Present: Mayor Rick Cross, Mike Brannon, Curtis Capps, Heather Coleman,  6:00 PM. The meeting was held at the Bermuda Run Town Hall.  Mike Ernst, and Melinda Szeliga  Council Members Absent: Also Present: Call to Order Pledge of Allegiance Moment of Silence  Andrew Meadwell, Town Manager; Cindy Poe, Town Clerk; and Brian  Williams, Town Attorney  Mayor Rick Cross called the meeting to order.  Iti is the intent of the Town Council to solemnize the proceedings ofthis meeting and the business brought before the governing board, to offer the opportunity. for a reflective moment ofsilence. Mayor  Cross recognized Veterans andi mentioned today being election day.  Town of Bermuda Run Code of] Ethics Statement - Town Attorney Brian Williams  Adoption of the Agenda  Council Member. Heather Coleman made a motion to approve the agenda. Council Member. Melinda Szeliga seconded the motion. The motion was approved by a vote offive (5) inj favor and none opposed. Council Member Curtis Capps made ai motion to approve the October 11, 2022 meeting minutes. Council Member Heather Coleman seconded the motion. The motion was approved by a vote offive (5)  Approval of the October 11,2022 Town Council Meeting Minutes  inj favor and none opposed. Citizens' Comments-  Christy Schafer - 132 Tifton Street - Gave update on the 2nd Annual Christmas in Bermuda Run event that will be held on Sunday, December 4. Addition oftents, Santa' 's mailboxes, and ai new "Bermuda Run. Express" " train, plus other exciting things to do for all. They have over 70 volunteers soj far, and Rosanne Peacock - 114 Sycamore Park. Lane - Gave update regarding the Davie Medical Center Tree Lighting event and ways for people to. support this year 's charity - Storehouse for. Jesus, by purchasing Bobbie Thacker - 133. Bermuda Run Drive. North - Shared her concern regarding leaves not being picked up in a timely manner in the Maisonettes. Would like to, see a more consistent schedule.  could use more. Gini Brannon is the volunteer coordinator for the event.  lights or stars.    (ITEM 6)  Presentation- Kelly Funderburk with the Davie County Register of Deeds Office- "Thank a Vet"  Program  Davie County Sheriff's Department Update - SheriffJ.D. Hartman  Proposed Action Items  A. Review of Proposed Agreement with Davie County Sheriff's Department  The agreement presented before ethe Town Council is ai five (5)year renewal extension for the Davie County Sheriff's Department to provide for one fully-equipped and fully-trained law enforcement officer for duty in the' Town of Bermuda Run for forty (40) hours per week. The assignment of duties ist tol be made under the direction and full control oft the Sheriff as to days and hours of scheduling. Council Member. Mike Ernst made a motion to approve the proposed agreement with the Davie County Sheriff's. Department. Council Member Curtis Capps seconded the motion. The motion was approved  Town Attorney Brian Williams has reviewed the proposed agreement.  byai vote offive (5) inj favor and none opposed.  B. Review of GranteelSub-Grantes Acknowledgement and Agreement  The State Legislature awarded Davie County $8 million in ARPA funding in SL 2022-74. Aj portion of the funding was intended to assist the Town ofBermuda Run ini removing its wastewater discharge from the Yadkin River and transferring it to the Eastern Davie County Regional Wastewater System. The project involves upgrading the Bermuda Run Juniper Pump Station and removing the Bermuda Run Wastewater Treatment Plant. This agreement will allow Davie County to act as a pass-thru for the Town ofBermuda Run from the State ofNorth Carolina for the above grant. Town Attorney Brian Council Member Heather Coleman made ai motion to enter into the agreement as proposed. Council Member Curtis Capps seconded the motion. The motion was approved by a vote offive (5) inj favor and  Williams has reviewed the proposed agreement.  none opposed.  C. Update 2022 Council Meeting Schedule  Staffi is requesting that Thursday, December 221 be considered for a Council Agenda Meeting - there Council Member Melinda Szeliga made a motion to approve the meeting schedule change. Council Member Heather Coleman seconded the motion. The motion was approved by a vote offive (5)infavor  was no. Agenda Meeting scheduled for December due to the Christmas Holiday.  and none opposed. Town Manager Comments  Baltimore Road project public input session well-attended. Possible construction in 2025. Blue Heron Trail bridge is set inj place and project almost complete J first phase to open  sometime in. January, 2023. Juniper Pump Station demolition E-911. Addressing - Ordinance being reviewed. place is) just a construction, fence - not permanent. Town. Audit presentation at the November, Agenda. Meeting  Ariston Place project behind Walgreens on Hwy. 801 - Hubbard. Building demolition. Fence in  Council/Town Manager/Mayor Comments    (ITEM 6)  Mike Ernst - Thanked the "Tree-O"for all oftheir) hardwork, adding that they do aj fabulous job. Thanked the Sheriff's. Department and Community Officer Mike Foster for all they do for the Town. Curtis Capps - Thanked everyone in attendance. Thanked. Kelly Funderburk, for her presentation. Added that he 's excited for another 5-year contract with the. Davie County, Sheriff's Department. Melinda Szeliga - Great night - Hopes everyone had a chance to vote ini the election, either today or by one-stop early voting. Excited that there are SO many volunteers already. signed up.for the Christmas in Bermuda Run event; adding we can always use more! Feels the Baltimore Road interchange will have apositive impact on the Hwy. 158/801 intersection and was delighted to attend the public input meeting with the DOT. Thanked. Kelly Funderburk andi the sacrifices made by all militaryfamilies. Appreciates  her passion for helping Veterans.  Mike. Brannon - Echoed all that other Council Members have said.  Heather Coleman - Loves hearing conversations and excitement around town regarding the Blue Heron Trail. Sharedconcerns regarding the. Advance Post Office and their handling of packages at the Bermuda Run. Package Room. Feels that there are some packages that will not fit in the lockers that  should be delivered to the homes as they are in other areas oft town.  Mayor. Rick Cross-  Thanked. Kelly Funderburk for her passion for her) job and tonight' 's presentation. Over 4,000 Davie County residents participated in one-stop early voting at the Bermuda Run Planning Board vacancies; more than a dozen responses SOJ far from across the community. New businesses in the town; addition ofgreenhouse at Steelman' 's Ace. Hardware. Thanked the Tree-0'"ofSharon, Christy, and Rosanne for their hard work. Presentations coming up by Habitat Davie and. Pat Ivey of the NC. DOT/Division 9. Thanked: residents who send letters to the editor - Davie Enterprise, adding that they are very  Town. Hall. Thanked all of the poll workers.  November 18- - Shop local - "Pink. Friday" thought-provoking. Thanked everyone in attendance.  Adjourn  With no. further business to discuss, Council Member Melinda Szeliga made a motion to adjourn. Council Member. Heather Coleman. seconded the motion. The motion was approved by a vote offive  (5) inj favor and none opposed.  Approved  Respectfully Submitted  Rick Cross, Mayor  Cindy Poe, Town Clerk    (ITEM 9 A)  120 Kinderton Boulevard, Suite 100. . Bermuda Run, NC 27006 (336)998-0906- Fax (336) -71-pylonalicon  DERMUDI  To: From: CC: Date: Re:  Town Council  Andrew Meadwell, Town Manager Doral Robertson, Finance Director December: 1, 2022  udgetAmendmentAeip: of $3,000.00 from DCF  Included for your review:  Letter from Davie Community Foundation Expenses for "Christmas in Bermuda Run" event  Overview:  The Town of Bermuda Run has received a grant from the Davie Community Foundation in the amount of$3,000.00. These funds were provided fromi funds within the Bermuda Run Community The Bermuda Run Community Vision Fund Committee requested the funds to offset initial costs of planning and implementing the "Christmas in the Town of Bermuda Run" event on Sunday December 4, 2022. The 2022-2023 adopted Town Budget did not include this revenue and Irecommend the Town Council take action to amendi the current 2022-2023 General Fund Budget to receive $3,000.00 from the Davie Community Foundation as revenue and subsequent $3,000.00 in expenditures for expenses related to the "Christmas in the Town of Bermuda Run"  Vision Fund.  subsequent expenditures.  event, coordinated by the Bermuda Run Community Vision Fund Committee.    Davie communuy Foundation' Investing in our future NOW!  PO. Box 546 107N N. Salisbury! Street Mocksville, North Carolina 27028  November 16, 2022  Mr. Andrew Meadwell Town of Bermuda Run 120 Kinderton Blvd Ste 100 Bermuda Run, NC 27006 Dear Andrew,  Board of] Directors Davin Brown Angela Carter tevie Dulin 'hillip E. Fuller, Jr. Grysta Gary ennifer R. Hanes Tiffany H. Lakey C Gregory Matthews, Attorney at Law, PA Mike Morton Brian P. Nicolay Candace Poplin Alice Sineath lessica Yarbrough  On the advice oft the Bermuda Run Community' Vision Fund commitee, the Davie Community Foundation has awarded the Town of Bermuda Run a $3,000.00 grant withf funds provided by the Bermuda Run Community Vision Fund, a donor advised fund of the Davie Community Foundation. Although your orgânization has exclusive legal control over its use, please note that the fund advisor's Please note: the advisor listed above, or related parties, may not receive any  preferred designation is as follows: Christmas Event.  benefit from this grant.  Your organization should not provide a tax was made from a donor-advised fund.  for this check since this grant  receipt  Ify you have any questions, please call me at 336-753-6903. Thank you for all your efforts to make communities better places in which to live.  Best regards, lelosablewr Melissa O'Connor Senior Program Officer  Enclosure  (336)753-6903- Fax 03075.690A-wwwdnetomditomag-matntogdavtboumationag    121222  TOWN OF BERMUDA: RUN DETAILACCOUNT INQUIRY BYI FUND PERIOD: 07/01/2022 TO: 12/02/2022  FY2022-2023  10-50-00-952 Davie Comm! Foundation Fund Expenses 10/13/2022 AP Sir Speedy Printing 130261 10/14/2022 FL Coins Christmas: in) BR 10/14/2022 FL Hats & Candy Christmas in] BR 10/31/2022 FL Lights forl BR Christmas Event 11/07/2022 FL Kickball Game Christmas in) BR 11/10/2022 AP Amazon Capital Services 9XXG &&9VDF 11/10/2022 AP Amazon Capital Services 9XXG &&9VDF 11/10/2022 AP Creative. Design Company 1906 11/10/2022 AP Heritage Carriage Company 11/2/22 11/10/2022 AP Keith) Newman 102122 11/10/2022 AP Truckstop and Snacke 62402022 11/21/2022 AP Amazon Capital Services 16VC-R73L-FP61 12/01/2022 AP Barry Rentz] DJ Service: 233 12/01/2022 AP Chad Cornatzer 1041 12/01/2022 AP Christy Schafer 12122 12/01/2022 AP Keithl Newman 12122 12/01/2022 AP Transou's) Rent AJ Jon 35746  BUDGET PERIODTODATE 0.00 JE#or VOUCHER# CHECK# 15548 14854 3309 3310 3335 3343 15620 14889 15620 14889 15621 14892 15619 14894 15617 14896 15618 14905 15657 14908 15683 14925 15684 14927 15688 14929 15682 14933 15686 14939  ENCAMT 0.00 CREDIT  REMBAL -12,048.79 BALANCE 0.00 482.94 617.44 912.07 1,020.89 2,633.58 3,252.68 3,441.54 3,473.10 3,504.66 3,629.66 8,879.66 9,377.16 9,477.16 9,505.91 9,971.00 10,471.00 10,971.00 11,337.29 11,834.79 12,048.79  12,048.79 DEBIT 482.94 134.50 294.63 108.82 1,612.69 619.10 188.86 31.56 31.56 125.00 5,250.00 497.50 100.00 28.75 465.09 500.00 500.00 366.29 497.50 214.00 12,048.79 12,048.79  DATE  MOD REFERENCE  BALANCEI FORWARD  11/01/2022 AP Amazon Capital Services 3YVNKJK,GQI 15596 14868 11/01/2022 AP Amazon Capital Services 3YVKNKJK,GQI 15596 14868  12/01/2022 AP Amazon Capital Services ID7X-PF3P-J4NQ 15687 14924  SUBTOTALS FORACCOUNT 10-50-00-952:  0.00 0.00  11,149.96 43.000,00 314,149.04 $1a,048. 29  B Re  Ek  Saol7  Rem-  DRobertson -DetilAcoumtinquily  12/02/2022 10:36:23AM  Page elof1    (ITEM 9B)  BERMUD,  1201 Kinderton Boulevard, Suite 100 Bermuda Run, NC 27006 (336)998-0906 Fax 030,998-7209-yww.townofbr.com  Community Project apCPMBACINCB  Int the Spring of2021 representatives with RISE and Truist Sports Park requested Senator Richard Burr's office consideration and support for funding toi improve access to Truist Sports Park to address life safety issues. With approximately 50% oft the property residing int the Yadkin River Basin flood plain, flooding has occurred more frequently throughout the last several years and renders the park useless for days until the river subsides and the roadway is cleared. Due tot the single access point this posed a significant issue fort the safety and wellbeing ofall In late. July of2022, the Town of] Bermuda Run was allocated $3,650,000.00 to address Recreational Infrastructure and Safety Improvements from the Consolidated Appropriations Act, 2022, (P.L. 117-103) (the Act). Congress made available "grants for the Economic Development Initiative for thej purposes of Community Project Funding/ Congressionally Directed Spending." These Community Project Funding (CPF) awards are administered by the The grant application shall be submitted to HUD by December 31, 2022, and include the following:  our participants and visitors to the park.  Department ofHousing and Urban Development (HUD).  Organizations Authorized Representative Detailed project narrative Line-item budget, and Required Federal forms.  This projected grant will address Truist Sports Park, RISE, and the Town of] Bermuda Run's recreational critical needs in supporting a walkable/bikeable community, enhancing health and wellness, outreach to underserved  communities, accessibility and safety and sports tourism.  Key Elements of the project include:  Widening ofTwins Way (3 lanes) toi include turning lane and speed tables Paved trail from Bert Bahnson Pedestrian Bridge to RISE Blue Heron Trailhead access at' Twins Way with paved parking  Road painting and' Traffic: markings Lighting along Twins Way Traffic and wayfinding signage Automated Gate and. Access Control Update existing playground  Schedule  231/2022-APplication Due Date  Request for) Release ofFunds (RROF) must bej prepared and then submitted to HUD. This will takea minimum of6 61 months. Until HUD: sends the Town Bermuda Run an Authorization to Use Funds no choice  limiting actions can occur. (Ie., anything that turns dirt.)    (ITEM 9B)  Itisa anticipated that construction bidding could be started in Q4 of2023, with a construction schedule of  12-24: months.  930/25-Allocation of] Funds Due Date 9302030-Expendinture of Funds Due Date  The Piedmont Triad Regional Council (PTRC) was identified by Staff as the agency most suited to prepare and administer this grant award for the Town of Bermuda Run. The PTRC: is one of 161 regional councils in North Carolina. They are designated by the State ofNC to serve as the lead regional organization for the Piedmont Triad region. They have the staff and experience inj project management, planning and technical services to successfully  fulfill the requirements of this Federal HUD program.  The PTRC Role:  Council staff will not require a designated office space in the Town during the start-up and construction phase oft the project. Staff may require space from time to time for public hearings, bid opening, or other activities related to this grant program. Staff will make arrangements with the Town Manager for any Council will provide the Town with the information and records and will establish and maintain the filing system for the project during the term oft this Agreement. Once the project is completed, the Town will Any supplies purchased for the administration oft the grant will be charged to the grant portion reserved for administration. The invoices submitted for reimbursement will itemize all purchases. The Council will assist the Town in establishing and maintaining a CFP Compliant financial management system for this project. Town will provide forms for requisitions, disbursement documentation and approval of disbursements. The Town will approve and sign all requisitions and disburse checks. The Council will assist the Town inj preparing any general policy documents to be adopted by the Town as The Council will perform all tasks necessary to procure professional services, as needed to carry out the Grant Program. This includes but is not limited to developing advertisements, RFPS and contract documents to meet federal requirements and overseeing the performance of all third-party professional The Council will be: responsible for allj program functions, including but not limited to preparation of program forms, letters and contract documents, inspections, publication ofa all required notices, preparation oft thel Environmental Review Record, bid notices, bid analysis, coordination of contract award by the Town, contract execution, conduct of pre-construction conferences, working on public access easement language with private landowners, work inspections, approving requisitions for partial payments based on work performed, change orders, final inspections, handling any citizen complaints, the filing ofa all reports and the completion of all activities to ensure compliance with Equal Opportunity, Section 504, Section 3, and any other action necessary to ensure. HUD, program compliance and the completion ofall activities outlined in) Bermuda Run's FY22 CFP grant. The Council will also prepare and submit all reports required  events requiring designated space.  maintain files and records pertaining to thej project for three (3)years.  they apply to the administration of this project.  contracts.  by the Grant.        RESOLUTION FOR THE TOWN OF BERMUDA RUNI FOR COMMUNITY PROJECTI FUNDING FOR  RECREATIONALINFRASTRUCTURE: AND: SAFETY IMPROVEMENTS  WHEREAS, the TOWN's Council acknowledges thel Letter ofl Invitation from the U.S. Department of Housing and Urban Development (HUD) seekinga$ $3,650,000: application to the agencysCommunity Project Funding WHEREAS, the Council wishes to engage with the Piedmont Triad Regional Council, and community stakeholders, tos submita af full application and required forms to HUD1 to provide recreational infrastructure WHEREAS, the Council certifies it will meet all federal regulatory and statutory requirements of] HUD's Community Project Funding program and any applicable State ofl North Carolina statutes ini managinga NOW,THEREFORE: BEI ITI RESOLVED, byt the" Town's Council to: submita a formal application to thel U.S. Department of Housing and Urban! Development's Community. Project Funding program tol benefit local  (CPF) award; and,  and: safetyi improvements inj publicly accessible areas of Truist Sports Park; and,  Federal award.  recreational infrastructure: and safety improvements.  Adopted this the: 13th day of December, 2022 inl Bermuda Run, North Carolina.  Mayor  ATTEST:  Clerkt toi the Board    Page 1 of13  AGREEMENT Between  the Town of] Bermuda Run  and  Piedmont Triad Regional Council  THIS AGREEMENT entered into this hereinafter referred to as the "Council."  day of  2022 by and between the Town of  Bermuda Run, hereinafter: referred to as the "Town", and the Piedmont Triad Regional Council,  WITNESSETH:  WHEREAS, the Town has received a Community Project Funding grant (CFP) for Recreation and Public Safety improvements, hereinafter referred to as the "Grant"; and WHEREAS, the Council has actively and successfully participated in HUD funded community development programs for the improvement of conditions in North Carolina; and WHEREAS, the Town desires to engage the Council to render certain technical and professional services as described in Attachment A ofthis documént in connection with the Grant. NOW, THEREFORE, for and in consideration, of the covenants and forbearances herein  contained, the Town and the Council'agree to the following:  1.  Scope of Services.  The Council shall do, perform and carry out in a satisfactory and proper manner, as determined by the Town, the items listed in the Scope of Services, marked as Attachment A ofthis document, and in accordance with the objectives oft the Grant, marked as Attachment B. Both attachments are incorporated herein as part ofthis Agreement. The Council will hold the Town harmless for any errors, omissions, or action(s) taken by the agency that may result in any unresolved questioned financial  expenditure or programmatic activity.  2.  Fees for Services.  The fee for all services performed by the Council under this Agreement is equal to the costs incurred by the Council in the administration of the Grant. Payments shall be made from the Grant funds as allocated and appropriated to the Town by the Department of Housing and Urban Development. Funds will be drawn downa monthly basis. The fees will be requisitioned as reimbursement for actual costs incurred. Ini the event that all Grant Administrative funds are expended prior to Grant Close-Out, the Council shall inform the Town and receive authorization prior to  incurring additional expenses.    Page 2 of13  The: maximum amount the' Town shall pay the Council for performance of this agreement shall not exceed $365,000. Compensation will bel based and documented in  amanner acceptable by the Town. Termination of Agreement.  3.  This Agreement may be terminated either by the mutual consent oft the Town and the Council or by either party giving thirty-days written notice to the other party. In the event ofa any termination, the Council shall be entitled toj payment for all services rendered to the date oftermination. All finished or unfinished work completed pursuant to this Agreement becomes the property ofti the Town upon termination. The Council will not discriminate against any employee or applicant for employment because of race, color, age, sex, national origin or disability. The Council and the Town mutually agree to comply with the civil rights requirements.  4.  Civil Rights Assurances.  5.  Amendments to Agreement.  Any amendment to this Agreement shall be approved in advance in writing by the Town and the Council, and shall be attached to this Agreement and incorporated  herein.  6.  General Compliance Assurances.  The Town and the Council mutually agree to comply with all procedures and  regulations prescribed in the Grant, as amended.  7.  Conflict of Interest.  The Council covenants that it has no interest and shall not acquire any interest, direct orindirect, in any area included in the Grant Project, or any parcels therein, or any other interest which would conflict in any manner or degree with the performance of the services to bej provided under the provisions ofthis Agreement. The Council further covenants that ini the performance oft this contract, noj person having such Interest ofMembers, Officers, or Employees ofthe Recipient, Members ofLocal Governing Body, or Other Public Officials. No member, officer, or employee oft the recipient ori its agents, no member oft the governing body ofthe locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any financial interest, direct ori indirect, in any contract or subcontract, or the proceeds thereof, for work tol be performed in connection with the program assisted under this Agreement. Immediate family members of said members, officers, employees and officials are similarly barred from having any financial interest in the program. The recipient shall incorporate, or cause to be incorporated in all such contracts or subcontracts, aj provision prohibiting such  interest is or shall be employed.  interest pursuant to the purpose of this section.    Page 3 of13  8.  Legal Remedies.  The United States shall be deemed to be al beneficiary ofthese provisions both for and ini its own right, and also for the purpose of protecting the interests oft the community and other parties, public or private, in whose favor or for whose benefit this CFP program is being conducted, and shall have the right in the event ofany breach of these provisions to maintain any actions or suits at law or in equity to cure any breach  ofthis Agreement. Access to Records.  9.  The Council shall maintain all official program records and documents pertaining to this Agreement during the operation oft this Agreement. The Town, the US Department ofHousing and Urban Development, the Comptroller General oft the United States, or any oft their duly authorized representatives shall have access to any books, documents, papers, and records ofthe Council which are pertinent to the execution of this Agreement, for the purpose of making audits, examinations, excerpts, and transcriptions. Said books, documents, papers and records shall be retained for three (3) years after the expiration ofthis Agreement.  10. Lobbying Clauses  Required by Section 1352, Title 31,U.S.Code  A. No Federal appropriated funds have been paid or will bej paid, by or on behalfof the undersigned, to any person fori influencing or attempting to influence an officer or employee ofany agency, a MemberofCongress, an officer or employee of Congress, or an employee of al Member of Congress in connection with the awarding ofany Federal contract, the making ofany Federal grant, the making of any Federal loan, the entering into ofany cooperative, agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative B. Ifany funds other than Federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, al Member of Congress, an officer or employee of Congress, or an employee ofal Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with This is ai material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission ofthis certification isa prerequisite for making or entering into this transaction imposed by section 1352, Title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty ofr not less than $10,000 and not more than $100,000 for  agreement.  its instructions.  each failure.    Page 4 of13  11. Non-discrimination.  The Council assures that, ini the administration oft this project, noj person shall, on the grounds ofi race, color, age, sex, religion, national origin, or disability, be excluded from participation in, be denied the benefit or, or be subjected to discrimination under  any activity of this Grant project.  12. "Section 3" Clause.  A. The work to be performed under this contract is subject to the requirements of section 3 oft the Housing and Urban Development Act of1968, as amended, 12 U.S.C. 1701u (section 3). Thej purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of B. The parties tot this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution oft this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, ifa any, a notice advising the labor organization or workers' representative oft the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set: forth minimum number and job titles subject tol hire, availability ofa apprenticeship and training positions, the qualifications for each; and the name and location oft the person(s) taking applications for each oft the positions; and the anticipated date the work D.The contractor agrees toinclude this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided lin an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part. 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the: regulations of24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F.I Noncompliance with HUD's regulations in 24 CFR part 135: may result in sanctions, termination of this contract for default, and debarment or suspension  HUD assistance for housing.  regulations.  shall begin.  violation ofthe regulations in 24 CFR part 135.  from future HUD assisted contracts.    Page 50 of13  G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) ofthe Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to bej performed under this contract. Section 7(b): requires that to the greatest extent feasible (i): preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions ofs section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with  section 7(b).  13. Equal Employment Opportunity.  During the performance of this contract, the Council agrees as follows: A. The Council will not discriminate against any employee or applicant for employment because ofi race, creed, color, religion, sex, national origin or disability status. The Council will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, çolor, religion, sex, national origin or disability status. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprènticeship. The Council agrees toj post in conspicuous places, available to the employees and applicants for employment, notices to be provided by the Council setting forth the provisions of this non-discrimination B. The Council shall state in advertisements for employees, that all qualified applicants will receive consideration for employment without regard to race creed, color, religion, sex, national origin or disability status. C. The Council will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract of understanding, ifany, ai notice tol be provided advising the labor union or workers' representative oft the Council' commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies ofthe notice in conspicuous places D. The Council will comply with all provisions of Executive Order 11246 of September 24, 1965 and by the rules, regulations and relevant orders ofthe E. The Council will furnish all information and reports required by Executive Order 11246 of September 24, 1965 and by the rules, regulations and orders oft the Secretary ofLabor, or pursuant thereto, and will permit access toi its books, records and accounts by the' Town and the Secretary ofLabor for the purpose of investigation to ascertain compliance with such rules, regulations and orders. F. In the event of the Council's non-compliance with the non-discrimination clauses ofthis contract or with any such rules, regulations or orders, this Agreement may be canceled, terminated or suspended in whole or inj part and the Council may be declared ineligible for further Government contracts of federally assisted  clause.  available to employees and applicants for employment.  Secretary ofLabor.    Page 6of13  construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order oft the Secretary ofLabor or as otherwise G. The Council will include the provisions of paragraphs A through G in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary ofLabor issued pursuant to Section 204 of] Executive Order 11246 of September 24, 1965, sO that such provisions will be binding upon each subcontractor or vendor. The Council will take, such action with respect to any subcontract or purchase order as the action with respect to any subcontract or purchase order as the Town and the NC Department of] Environmental Quality may direct as a means of enforcing such provisions, including sanctions for non- compliance. Provided, however, that in the event that the Council becomes involved in, or ist threatened with, litigation with a subcontractor or vendor as a result ofs such direction by the Town and the NC Department of] Environmental Quality, the Council may request the United States to enter into such litigation to  provided by law.  protect the interests oft the United States.  14. Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide  for such sanctions and penalties as appropriate.  15. All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be  effected and the basis for settlement.  16. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 mustinclude the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity" (301 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, " and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,  Department ofLabor."  17. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 401 U.S.C. 3702 and 3704, as supplemented by Department ofI Labor regulations (29 CFR Part 5). Under 401 U.S.C. 3702 ofthe Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis ofa    Page 7d of13  standard workweek of 40 hours. Work in excess oft the standard workweek is permissible provided that the worker is compensated at ai rate ofi not less than one and al halftimes the basic rate of! pay for all hours worked in excess of401 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions, which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on1 the open market, or contracts for transportation or  transmission ofintelligence.  18. Rights to Inventions Made Under a Contract or Agreement. Ifthe Federal award meets the definition of"funding agreement" under 37 CFR $401.2 (a) and the recipient or subi recipient wishes to enter into a contract with a small business firm or nonprofit organization: regarding the substitution ofj parties, assignment or performance of experimental, developmental, or research work under that "funding agreement, - the recipient or sub: recipient must comply with the requirements of37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.  19. Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act (331 U.S.C. 1251-1387), as amended Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C,1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency  (EPA).  20. Debarment and Suspension (Executive Orders 12549 and 12689)- -A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189)and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM: Exclusions contains the names of parties debarred, suspended, or otherwise excluded byagencies, as well as parties declared ineligible under statutory  or regulatory authority other than Executive Order 12549.  Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)- Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds toj pay any person or organization for influencing or attempting to influence an officer or employee of any agency, aj member of Congress, officer or employee of Congress, or an employee ofa member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also    Page 8 of13  disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to (J) See $200.322 Procurement of recovered materials. [781 FR 78608, Dec. 26, 2013, as amended at 791 FR75888, Dec. 19, 2014]  the non-Federal award.  21. Entire Agreement.  This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporancous agreements or understandings, inducements or conditions, express or implied, written or oral,  between the parties with respect hereto.  22. Execution in Counterparts.  This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all ofwhich, taken together, shall constitute one and the same  Agreement.  IN WITNESS WHEREOF, the Town and the Council have executed this Agreement as oft the year and  day first written above. Attest to:  TOWNOFBERMUDA RUN  By: Rick Cross, Mayor Bermuda Run Town Council  Cindy Poe, Town Clerk (Corporate Seal) Attest to:  PIEDMONTTRIAD REGIONALCOUNCIL  By:  Katie Mitchell Program Assistant  Matthew L. Dolge, Executive Director Piedmont Triad Regional Council  STATE OF NORTH CAROLINA TOWN OF BERMUDA RUN  I,  Notary Public for the said Town and State, certify that  ANDREW MEADWELL, MANAGER to thel BERMUDA RUNTOWN COUNCIL, personally appeared before me and certified that the foregoing instrument was executed in the name OfBERMUDA! RUN TOWN by RICK CROSS, Mayor oft the Bermuda Run Town Council, and that she, CINDY POE, TOWN CLERK, did attest to said execution and did affix the BERMUDA RUN' TOWN Seal to said instrument.  WITNESS my hand and official seal, this the  day of  2019.    Page 9 of13 Notary Public  My commission expires STATE OFI NORTH CAROLINA TOWN OF I,.  Notary Public for said Town and State certify that Matthew L.  Dolge personally appeared before mei this day and acknowledged that hei is the Executive Director of the Piedmont Triad Regional Council, and that by authority duly given, acknowledged due execution ofthe  foregoing instrument.  Witness my hand and official seal this  day of  2019.  Notary Public  My commission Expires    Page 10 of13  Attachment A  SCOPE OF SERVICES  1.  Council staff will not require a designated office space in the Town during the start- up and construction phase ofthe project. Staffmay require space from time to time forj public hearings, application intake, bid opening, grievance hearings or other activities related to this grant program. Staff will make arrangements with the Town Council will provide the Town with the information and records and will establish and maintain the filing system for the project during the term oft this Agreement. Once the project is completed, the Town will maintain files and records pertaining to Any supplies purchased for the administration of the grant will be charged to the grant portion reserved for administration in accordance with Paragraph 2 oft the Agreement. The invoices submitted for reimbursement will itemize all purchases. The Council will assist the Town in establishing and maintaining a CFP Compliant financial management system for this project. Town willj provide forms for requisitions, disbursement documentation and approval of disbursements. The Town will approve and sign all requisitions and disburse checks. Posting of checks will be The Council will assist the Town in preparing general policy documents to be adopted by the Town as they apply to the administration ofthis project. The Council will perform all tasks necessary to procure professional services, as needed to carry out the Grant Program. This includes but is not limited to developing advertisements, RFPS and contract documents to meet federal requirements and overseeing the performance ofall third-party professional contracts. The Council will be responsible for all program functions, including but not limited a. Council staff will not require a designated office space in the Town during the start-up and construction phase oft the project. Staffi may require space from time to time for public hearings, bid opening, or other activities related to this grant program. Staffwill make arrangements with the Town Manager for any events b. Council will provide the Town with the information and records and will establish and maintain the filing system for the project during the term of this Agreement. Once the project is completed, the Town will maintain files and records pertaining  Manager for any events requiring designated space.  the project for three (3)years.  2.  3.  performed by the Town.  4. 5.  6.  to:  requiring designated space.  to the project for three (3)years.    Page 11 of13  C. Any supplies purchased for the administration of the grant will be charged to the grant portion reserved for administration. The invoices submitted for d. The Council will assist the Town in establishing and maintaining a CFP Compliant financial management system for this project. Town will provide forms for requisitions, disbursement documentation and approval of disbursements. The Town will approve and sign all requisitions and disburse e. The Council will assist the Town in preparing any general policy documents to be adopted by the Town as they apply to the administration ofthis project. f. The Council will perform all tasks necessary to procure professional services, as needed to carry out the Grant Program. This includes but is not limited to developing advertisements, RFPS and contract documents to: meet federal requirements and overseeing the performance ofa all third-party professional - The Council will be responsible for all program functions, including but not limited to preparation of program forms, letters and contract documents, inspections, publication ofall required notices, preparation ofthe Environmental Review Record, bid notices, bid analysis, coordination of contract award by the Town, contract execution, conduct of pre-construction conferences, working on public access easement language with private landowners, work inspections, approving requisitions forj partial payments based on work performed, change orders, final inspections, handling any citizen complaints, the filing ofall reports and the completion of all activities to ensure compliance with Equal Opportunity, Section 504, Section 3, and any other action necessary to ensure HUD, program compliance and the completion of all activities outlined in Bermuda Run's] FY22 CFP grant. The Council will also prepare and submit all reports required by the  reimbursement will itemize all purchases.  checks.  contracts.  Grant.  7. The Council will be present and will represent the Town at all monitoring visits by HUD and others and prepare all responses toi monitoring letters. The Council will also provide necessary assistance during formal audits oft the Grant Program. The Council will complete all aspects of Grant Program closeout, including hearing The Council will implement and carry out all: requirements oft the Grant, including the  8. 9.  notices.  Environmental Review records in connection with this project.  10. The Council will provide the Town with quarterly reports on the progress oft the Grant Program and will assist the Town in the event a complaint is filed against the Town in  the course of this Grant. necessary and requested.  11. The Council will provide representation to attend Town Commissioner meetings if    Page 12of13  12. In addition, the Council agrees to comply with all applicable State and Federal laws, rules, regulations and ordinances governing the Grant Program; to the terms, conditions, assurances, covenants, stipulations, and understandings contained in the  Grant.    Page 13 of13  Attachment B.  COPY OF GRANT  Copy of Grant referred to ini this document are on file with the Town Clerk.    (ITEM 9 C)  1201 Kinderton Boulevard, Suite 100-) Bermuda! Run, NC 27006 (336)998-0906- Fax Co-P-lkeN  BERMU  TO: Town Council FROM: Staff DATE: November 17,2022  RE: ZTA 2022-01 Self-Storage Warehousing  Proposed Text Amendments  The purpose oft this text amendment is to permit with conditions the use of self-storage warehousing in the VM zoning district. It is currently a permitted use within existing buildings ini the VM zoning district. The use is permitted within the GB zoning district and with conditions within the CM zoning district. The conditions to require the units to be accessed only internally with no visible units from the exterior and  prohibiting outdoor storage ofa any kind would also apply to the VM zoning districts.  Applicable Section(s): Sections 3.5 and 9.59 ofZoning Ordinance Town Council approved a similar amendment ZTA 2019-01  Background Information  3.5. Table of Uses Remmittyomz SUPnom Bonrd of7 Adjustment Permitf fiom Zoning use must mcete additional ditions S/C SUfom! Bourd of Adjustment; usc musty mcot additi ionnl conditions 3 Notpermitted Uscs detormined by underlying distict USDS INDUSTRIALI USES Warchousing, self-storage 9.59 Warehousing, Self-Storage  Additionnl Conditions BUS. E 8 e P/G PIG  TIAL 8 8 2 0 -  U  9.59  (A) Sclf-storage warchousing uses within thc VM zoning districts shall only be permitted within buildings constructed prior to the adoption of the Town's Zoning Ordinance in 2005. The conversion ofany existing building in one ofthese districts to a self-storage warehousing use shall not include the expansion of the building footprint, and any changes to the exterior oft the building shall conform to the design requirements of Chapter 4. No outdoor storage associated with a sclf-storage use (B) Self-storage warehouse spaces shall be used for storage only. No space shall be (D) All driveways and parking areas between and around buildings shall be paved with asphalt or concretc imoluding-parking-areas-for-te--storge-oF-boateyeoreational (E) All storage shall be located within the buildingand. outside storage ofany type, including the outside storage ofmoving vans, vehicles and boats shall not be (F) Storage units shall not be visibleoffsieand. access to individual storage units  shall be permitted in these districts. leased for any other purpose.  -OutdeerstemgeshallmestthereguirementofSeetie9.42.  Ma-alaNa  permitted.  shall be firom corridors internal to the building.    (ITEM 9 C)  Bermuda. Run Comprehensive Plan Town's updated Comprehensive Plan:  This proposed amendment is related to the following goals, objectives, and/or strategies in the  Character & Identity Goal: Cultivate the identity of the Town of] Bermuda Run as a charming, walkable small town with a healthy balance ofboth nature and an attractive built Economic Development & Land Use Goal: Promote a healthy and diverse economic base within a sustainable land development pattern that complements the character oft the Town, while preserving environmentally sensitive areas, adequate open space, and recreational Strategy 3.1 Utilize the Future Land Use Map to encourage managed growth and development that is compatible with the town'so character, surrounding land uses, and Strategy 3.3 Continue to work with Davie County Economic Development Commission (EDC) to facilitate business retention and the development, redevelopment, or reuse of vacant properties, including participation ini road infrastructure improvements. Strategy 4.1 Continue to work with property owners of existing developments to update and retrofit outdated buildings and sites with improved facades and landscaping  environment, offering amenities for both residents and visitors.  opportunities.  available infrastructure and services.  Zoning Text.Amendment.  Proposed text amendment for Warehousing, Self Storage in sections S 3.5 and 9.59 of the Zoning Ordinance. New text will be bold, underlined and italicized. Deleted text will have a strikethrough.  3.5.Table ofUses  emtn/aAtTtEw S.UP-fromBoardoardatAdusment  DISTRICTS  Additional Conditions  P/CEI Permit fromZonmg Administratort usemustmeet additional conditions S/C S.UPfrom! BoardoAdusiment: usemust xgtadltomlconditons Notpermitted,  U"E Res.dctermnedbyr underlying disttict  RESIDENTIAL OVERLAY MIXED: BUS.  USE  USBSI  INDUSTRIALUSES Warehousing, self-storage  VM CM GB P/C PIC P  U  9.59    (ITEM 9 C)  Additional Conditions 9.59 Warehousing, Self-Storage  (WFgeasouiewAEee,lw permiewhirbwia.mrcominetadpriereh-alepomefOwS-OMing OPrdnamee-m2005-PhecomersiorefnyestatnghaangenemeeFhese-dstres oasefFsferegewereherehsusgieshIormehd-eepamsienefhebuilding eofprimk-eméenyehengeelheetererefHehalagahalenmferelhedeg" repuirememsefCheper: No outdoor storage associated with a self-storage use (B) Self-storage warehouse spaces shall be used for storage only. No space shall be (C)AIl driveways and parking areas between and around buildings shall be paved with asphalt or concrete including parking areas for the storage ofboats, recreational (D). All storage shall be located within the building and outside storage ofa any type, including the outside storage of moving vans, vehicles and boats shall not be (E) Storage units shall not be visible off site and access to individual storage units  shall be permitted int these districts. leased for any other purpose. vehicles and similar vehicles.  permitted.  shall be from corridors internal to the building. Planning Board Recommendation  The Planning Board voted to approve the amendment unanimously by a vote of5i in favor and none  opposed.  Town Council Action  Following review ofthe] proposed text amendments, the Board isi requested tot take action following amotion Recommend Approval: The Board finds that the amendment is consistent with the Town ofBermuda Run Comprehensive Plan and considers the action to be reasonable and int the public interest. Recommend Approval with changes: The Board: finds that the amendment isi not: fully consistent with the Town of Bermuda Run Comprehensive Plan, but the changes agreed upon will make it fully Recommend Denial: The Board finds that the amendment is not consistent with the Town ofBermuda Run Comprehensive Plan and does not consider the action to reasonable and in the public interest.  and a second for one oft the items below:  consistent and considers the action to be reasonable and in the public interest.  Defer: The amendment needs additional consideration.    NOTICE OF PUBLIC HEARING BERMUDA RUN' TOWN COUNCIL  NOTICE: IS HEREBY GIVEN, pursuant to G.S. 160D-602, that the Town Council ofl Bermuda Run will meet at 6:00 P.M. on Tuesday, December 13, 2022 at the Town Hall, located at 120 Kinderton Blvd., Suite 100, Bermuda Run, NC 27006, to hold a public hearing and to receive public comment on the  following items:  Zoning Text Amendment 2022-01. The Board will review text amendments of the Zoning Ordinance in sections 3.5 and 9.59of the Zoning Ordinance regarding Self  Storage, Warehousing  All interested parties are invited to attend the public hearing and present their comments to the Bermuda Run Town Council. Please call the Bermuda Run' Town Hall at (336)998-0906 ifyoul have questions or if you need special accommodations. for the meeting. Hearing impaired persons desiring additional information or having questions regarding this subject should call thel North Carolina Relay Number for the  Deafa at 1-800-735-8262 or 711 for mobile phones.  PUBLICATION DIRECTIONS  Publish in the Notices section oft the Newspaper Publish on the following Dates: Send bill and affidavit of publication to:  December Ist, 20228 & December 8,2022 Bermuda Run Town Clerk Town of] Bermuda Run 1201 Kinderton Boulevard, Suite 100 Bermuda Run, NC27006    DAVIE CONSIRULTION GO. October 13, 2022 Mr.. Johnny Easter, Director 298 East Depot Street Mocksville, NC 27028  Davie County - Planning and Development Services  RE: Town of Bermuda Run Text Amendment Request  Johnny,  Please let this letter: serve as an official request for a Text Amendment discussion at the upcoming planning board meeting on October 19, 2022. After several conversations about being on the agenda for the meeting, lam still uncertain as to the process to ensure we are on said agenda. As for the request, we are concerned with the allowed using table and the additional conditions. Specifically, we would like to discuss the warehousing, self-storage usei int the Village Mixed Use (VM) district which falls under the Industrial Uses category. The special conditions for this item is noted as Section 9.59 which contains five (A-E) specific conditions. Our conçern is regarding item A which basically limitsas self-storage facility to be located inside an existing building, no new construction is allowed. Over the pastt twenty years the construction industry's approach to climate controlled facilities has drastically altered the buildings' physical appearance and should yield consideration for the special conditions to be review and potentially changed to allow for new construction. The request is not to alteri items B-Ei in: section 9.59 as those are viable concerns to the overall appearance within the VM Again, please accept this letter as a request to have this discussion at the upcoming planning board  zoning district.  meeting andi feeli free to contact me ify youl have any questions.  Regards, Bllhy Brad Chapman  Davie Construction, Vice-President of Pre-Construction CC: Andrew Meadwell, Bermuda Run Town Manager  P.O. Box: 1724 I Clemmons, NC 27012 It:336.940.6600 If: 336.940.6699 I www.davieconstruction.com    Bermuda Run Planning Board/Board of Adjustment  Regular Meeting Minutes 3:00F PM  Wednesday, November 16, 2022  Bermuda Run Town Hall  I.  Call to Order  Attendee Name Tom Brady Bryan Thompson Lynn Senger Rod Guthrie David Strand Erin Shea Tony Krasienko  Title  Status Present Absent Present Present Present Present Absent  Board Member Alternate Member Vice Chairman Chairman Board Member Regular Member Alternate Member  II. Recognition of Quorum  The Chairman recognized that a quorum was met with four members present.  III. Approval of] Planning Board Agenda  RESULT: MOVER: AYES: ABSENT:  APPROVED UNANIMOUS  Tom Brady  SECONDER: Lynn Senger  Brady, Guthrie, Strand, Shea, Senger Krasienko, Thompson,  IV. Approval of] Planning Board Minutes- -February 16, 2022  RESULT: MOVER: AYES: ABSENT:  APPROVED (UNANIMOUS)  Lynn Senger  SECONDER: Tom Brady  Senger, Brady, Guthrie, Strand, Shea Krasienko, Thompson  V. Citizen Comments There were none.  VI. Permit Reports & Zoning Administrator's Update  Permit reports & zoning update were included ini the agenda packet for reference and discussion. Andrew Meadwell updated the Board on the Blue Heron Trail project and. Juniper Wastewater  VII. Town Manager's Update Treatment Facility.  Bermuda. Run Planning Board/Board of Adjustment  Page 1    Regular Meeting VIII. Planning Board Cases  Minutes  November 16, 2022  Zoning Text Amendment 2022-01. The purpose of this text amendment is to permit with conditions the use of self-storage warehousing in the VM zoning district. It is currently a permitted use within existing buildings in the VM zoning district. The use is permitted within the GB zoning district and with conditions within the CM zoning district. The conditions to require the units to be accessed only internally with no visible units from the exterior and prohibiting  outdoor storage of any kind would also apply to the VM zoning districts. 1.1 Brad Chapman, Davie Construction, spoke in favor of the amendment.  Chairman Guthrie opened the public comment period. Chairman Guthrie closed the public comment period. The Board held discussion on the request  Erin Shea made aj motion to approve with the following statement, the Planning Board finds that the proposed text amendment is consistent with the Town of Bermuda Run Comprehensive Plan and considers the action to be reasonable and in the public interest.  RESULT: MOVER: AYES: ABSENT:  APPROVED UNANIMOUS)  Erin Shea  SECONDER: Tom Brady  Brady, Senger, Guthrie, Strand, Shea Krasienko, Thompson  IX. Comprehensive Plan  Jason Epley presented an update on the Comprehensive Plan; the Board was pleased with the proposed changes and future land use map. The Board agreed that an additional meeting was not necessary and that they would review ai final draft for formatting and layout and recommend  approval for Town Council: review.  RESULT: MOVER: AYES: ABSENT:  APPROVED [UNANIMOUS)  Lynn Senger  SECONDER: Rod Guthrie  Brady, Senger, Guthrie, Strand, Shea Krasienko, Thompson  X. Board Member Comments There was none. Adjournment  RESULT: MOVER: AYES: ABSENT:  APPROVED UNANIMOUS)  Lynn Senger  SECONDER: Tom Brady  Brady, Senger, Guthrie, Strand, Shea Krasienko, Thompson  Bermuda Runl Planning Board/Board: of Adjustment  Page 2    (ITEM 91 D)  BERML  1201 Kinderton Boulevard, Suite 100. Bermuda Run, NC 27006  (336) 998-0906*1 Fax (336)  To: Town Council From: Andrew Meadwell, Town Manager Date: December 6, 2022  CC: Brian Williams, Town Attorney, Dora Robertson, Finance Director  Re: Adoption ARPA/CSLFRF Policies Included for your review:  Conflict ofl Interest Policy Eligible Use Policy Allowable Cost Policy Records Retention Policy Non-discrimination Policy  Overview:  The purpose of this agenda item is to request that the Town Council adopt policies required for the expenditure of American Rescue Plan Act of 2021, Coronavirus State and Local Fiscal Recovery Funds (ARP/CSLFRF). These are the five policies that all ARP recipients must adopt. These policies were developed and written by the UNC School of Government for use by units of Local Governments receiving ARP funds. Town Attorney, Brian Williams has reviewed the documents for content,  consistency, and applicability for the Town of Bermuda Run.  Town Council Action  Town Manager recommends Town Council take action to adopt required policies for the expenditure of American Rescue Plan Act of2021, Coronavirus State and Local Fiscal Recovery Funds (ARP/CSLFRF).    BERMU  1201 Kinderton Boulevard, Suite 100 . Bermuda Run, NC 27006  (336) 998-0906-) Fax (336)  Resolution  Approving a Conflict ofInterest Policy Regarding the Expenditure of ARP/CSLFRF Funds  WHEREAS, the Town of Bermuda Run should prevent the personal interest of staff members, elected officials and board and committee members from interfering with the performance oft their duties; and, WHEREAS, the Town of] Bermuda Run should prevent the personal interest of staffi members and elected officials from resulting in personal financial, professional and/or political gain to such persons at the NOW, THEREFORE BE IT RESOLVED THAT THE TOWN COUNCIL OF THE TOWN OF BERMUDA RUN adopts and enacts the attached Conflict ofInterest Policy regarding the expenditure of  expense of the Town.  ARP/CSLFRF funds.  Cindy Poe, Town Clerk  Rick Cross, Mayor Town of] Bermuda Run    CONFLICT OF INTEREST: POLICY  APPLICABLETO CONTRACTS. AND SUBAWARDS OF' THE' TOWN OF BERMUDA RUN  SUPPORTED BY FEDERAL FINANCIAL ASSISTANCE  . Scope ofl Policy  II. Purpose of Policy. This Conflict of Interest Policy ("Policy") establishes conflict of interest standards that (1) apply when the" Town of] Bermuda Run ("Unit") enters into a Contract (as defined in Section II hereof) or makes a Subaward (as defined in Section II hereof), and (2) meet or exceed the requirements of North Carolina law and 2 C.F.R. $ 2003180.Application of Policy. This Policy shall apply when the Unit (1) enters into a Contract to be funded, inj part or in whole, by Federal Financial Assistance to which 2 C.F.R. $ 200.318(c) applies, or (2) makes any Subaward to be funded by Federal Financial Assistance to which 2 C.F.R. $ 200.318(c) applies. Ifa federal statute, regulation, or the terms ofa financial assistance agreement applicable to a particular form of] Federal Financial Assistance conflicts with any provision of this Policy, such federal statute,  regulation, or terms of the financial assistance agreement shall govern.  III. Definitions in2C.F.R. $2 200.1.  Capitalized terms used in this Policy shall have the meanings ascribed thereto in this Section I: Any capitalized term used in this Policy but not defined in this Section II shall have the meaning set forth  a. "COIPoint ofContac!" means the individual identified in Section III(a) of this Policy. b. "Contrac!" means, for the purpose of Federal Financial Assistance, a legal instrument by which the Unit purchases property or services needed to carry out a program or project  under al Federal award.  "Contractor" means an entity or individual that receives a Contract. d. "Covered. Individua!" means a Public Officer, employee, or agent oft the Unit.  "Covered Nonprofit Organization" means a nonprofit corporation, organization, or association, incorporated or otherwise, that is organized or operating in the State ofNorth Carolina primarily for religious, charitable, scientific, literary, public health and safety, or educational purposes, excluding any board, entity, or other organization created by the State ofl North Carolina or any political subdivision oft the State (including the Unit). f. "Direct Benefil" means, with respect to a Public Officer or employee of the Unit, or the spouse of any such Public Officer or employee, (i) having at ten percent (10%) ownership interest or other interest in a Contract or Subaward; (i) deriving any income or commission directly from a Contract or Subaward; or (iii) acquiring property under a Contract or  Subaward.    g. "Federal Financial. Assistance" means Federal financial assistance that the Unit receives or administers in the form of grants, cooperative agreements, non-cash contributions or donations of property (including donated surplus property), direct appropriations, food commodities, and other Federal financial assistance (except that thet term does not include  loans, loan guarantees, interest subsidies, or insurance). h. "Governing Board": means the Town Council oft thel Unit.  Immediate Family. Member" means, with respect to any Covered Individual, (i) a spouse, and parents thereof, (ii) a child, and parent thereof, (iii) aj parent, and spouse thereof, (iv)a sibling, and spouse thereof, (v) a grandparent and grandchild, and spouses thereof, (vi) domestic partners and parents thereof, including domestic partners ofany individual in (ii) through (v) of this definition; and (vii) any individual related by blood or affinity whose close association with the Covered Individual is the equivalent ofai family relationship. "Involved in Making or Administering" means (i) with respect to a Public Official or employee, (a) overseeing the performance ofa a Contract or Subaward or having authority toI make decisions regardinga Contract or Subaward or to: interpret a Contract or Subaward, or (b) participating in the development of specifications or terms or in the preparation or award ofa Contract or Subaward, (i)only with respect to al Public Official, being ai member ofal board, commission, or other body of which the Public Official is a member, taking action on the Contract or Subaward, whether or not the Public Official actually participates k. "Pass-Through Entity" means a non-Federal entity that provides a Subaward to a "Public Officer" means an individual who is elected or appointed to serve or represent the Unit (including, without limitation, any member of the Governing Board), other than an m. "Recipien!" means an entity, usually but not limited to a non-Federal entity, that receives aF Federal award directly from a Federal awarding agency. The term does not include n. "Related Party" means (i) an Immediate Family Member of a Covered Individual, (ii) a partner ofa Covered) Individual, or (ii) a current or potential employer (other thant the Unit) ofa Covered Individual, ofa partner ofa Covered Individual, or of an Immediate Family O. "Subaward" means an award provided by a Pass-Through Entity to carry out part of a Federal award received by the Pass-Through Entity. It does not include payments to a contractor or payments to a contractor or payments to an individual that is al beneficiary of  int that action.  Subrecipient to carry out part ofal Federal program.  employee or independent contractor oft the Unit.  Subrecipients or individuals that are beneficiaries of the award.  Member ofa Covered Individual.  al Federal program.  2    p. "Subcontrac!" means mean any agreement entered into by a Subcontractor to furnish supplies or services for thej performance ofa Contract or a Subcontract. Iti includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.  q. "Subcontractor" means an entity that receives a Subcontract.  "Subrecipien!" means an entity, usually but not limited to a non-Federal entity, that receives a subaward from a Pass-Through Entity to carry out part ofa Federal award; but does not include ani individual thati is al beneficiary of such award. A subrecipient may also be ai recipient of other Federal awards directly from al Federal awarding agency.  Unil" has the meaning specified in Section IH hereof.  IV. COI Point of Contact.  a. Appointment ofCOI Point of Contact. The Town Manager oft the Unit shall have primary responsibility for managing the disclosure and resolution of potential or actual conflicts of interest arising under this Policy. Int the event that the Town Manager oft the Unit is unable tos servei in such capacity, the' Town Finance. Director ofthel Unit shall assume responsibility fori managing the disclosure and resolution ofc conflicts ofi interest arising under this Policy. The individual with responsibility for managing the disclosure and resolution of potential or actual conflicts of interest under this Section III(a) shall bel known as the "COI Point of b. Distribution of Policy. The COI Point of Contact shall ensuret that each Covered Individual  Contac!".  receives a copy oft this Policy.  V. Conflict of] Interest Standards in Contracts and Subawards  a. North Carolina Law. North Carolina law restricts the behavior of Public Officials and employees ofthel Unit involved in contracting on behalfofthel Unit. Thel Units shall conduct the selection, award, and administration of Contracts and Subawards in accordance with thej prohibitions imposed by thel North Carolina General Statutes andi restated ini this Section . - GS.914-2340)0D. A Public Officer or employee oft the Unit] Involved in Making or Administering a Contract or Subaward on behalf of the Unit shall not derive a ii. G.S.81 14-234(a)(3). No Public Officer or employee of the Unit may solicit or receive any gift, favor, reward, service, or promise of reward, including but not limited to a promise of future employment, in exchange for recommending, influencing, or attempting toi influence the award ofa Contract or Subaward by the iii. G.S.614-2343. Ifa member of the Governing Board of the Unit serves as a director, officer, or governing board memberofa Covered Nomproftrganization,  III.  Direct Benefit from such a Contract or Subaward.  Unit.  3    such member shall not (1) deliberate or vote on a Contract or Subaward between the Unit and the Covered Nonprofit Corporation, (2) attempt toi influence any other person who deliberates or votes on a Contract or Subaward between the Unit and the Covered! Nonprofit Corporation, or (3)solicit or receive any gift, favor, reward, service, or promise of future employment, in exchange for recommending or attempting to influence the award of a Contract or Subaward to the Covered iv. G.S. S 14-234.1. A Public Officer or employee of the Unit shall not, in contemplation of official action by the Public Officer or employee, or in reliance on information which was made known to the public official or employee and which has not been made public, (1) acquire aj pecuniary interest in any property, transaction, or enterprise or gain any pecuniary benefit which: may be affected by such information or other information, or (2)intentionally aid another in violating  Nonprofit Organization.  the provisions oft this section.  b. Federal Standards.  Prohibited Conflicts of Interest in Contracting. Without limiting any specific prohibition set forth in Section IV(a), a Covered Individual may not participate in the selection, award, or administration ofa Contract or Subaward if such Covered 1. Real Conflict of Interest. A real conflict of interest shall exist when the Covered Individual or any Related Party has a financial or other interest in or a tangible personal benefit from a firm considered for a Contract or Subaward. Exhibit A attached hereto provides a non-exhaustive list of examples of (i) financial or other interests in a firm considered for a Contract or Subaward, and (ii) tangible personal benefits from a firm 2. Apparent Conflict ofl Interest. An apparent conflict ofi interest shall exist where a real conflict ofi interest may not exist under Section IV(b)()(1), but where ai reasonable person with knowledge oft the relevant facts would find that an existing situation or relationship creates the appearance that a Covered Individual or any Related Party has a financial or other interest in or a tangible personal benefit from ai firm considered for a Contract or  Individual has aj real or apparent conflict ofi interest.  considered for a Contract or Subaward.  Subaward.  ii. Identification and Management of Conflicts ofInterest. 1. Duty to) Disclose and Disclosure Forms  a. Each Covered Individual expected to be or actually involved in thes selection, award, or administration ofa Contract or Subaward has an ongoing duty to disclose to the COI Point of Contact  4    potential real or apparent conflicts of interest arising under this b. Priort toi thel Unit'saward ofa Contract or Subaward, the COII Point of Contact shall advise Covered Individuals expected to be involved in the selection, award, or administration oft the Contract If the value of a proposed Contract or Subaward exceeds $250,000.00, the COI Point of Contact shall collect a Conflict of Interest Disclosure Form contained in Exhibit C (for Contracts) and Exhibit E( (for Subawards) from each Covered Individual and file such Conflict of Interest Disclosure Form in records of the  Policy.  or Subaward of such duty.  Unit.  2. Identification Prior to Award of Contract or Subaward.  a. Prior to1 thel Unit's award ofa Contract or Subaward, the COII Point of Contact shall complete the appropriate Compliance Checklist contained in Exhibit B (for Contracts) and Exhibit D (for Subawards): attached hereto and files such Compliance Checklist in  the records oft thel Unit.  3. Management Prior to Award of Contract or Subaward  a. If, after completing the Compliance Checklist, the COI Point of Contact identifies a potential real or apparent conflict of interest relating to a proposed Contract or Subaward, the COI Point of Contact shall disclose such finding in writing to the Governing Board of the Unit. If the Governing Board of the Unit desires to enter into the proposed Contract or Subaward despite the identification by the COI Point of Contact of a potential real or  apparent conflict ofinterest, it may either:  accept the finding of the COI Point of Contact and direct the COI Point of Contact to obtain authorization to enter into the Contract or Subaward from (a) if Unit is a Recipient of Federal Financial Assistance, the Federal awarding agency with appropriate mitigation measures, or (b) if Unit is a Subrecipient of Federal Financial Assistance, from the Pass-Through Entity that provideda ii. reject the finding of the COI Point of Contact and enter into the Contract or Subaward. In rejecting any finding oft the COI Point of Contact, the Governing Board of the  Subaward to Unit; or  5    Unit shall in writing document a justification supporting  such rejection.  b. Ift the COI Point of Contact does not identify a potential real or apparent conflict of interest relating to a proposed Contract or Subaward, the Unit may enter into the Contract or Subaward in accordance with the Unit's purchasing or subaward policy.  4. Identification After Award of Contract or Subaward.  a. If the COI Point of Contact discovers that a real or apparent conflict of interest has arisen after the Unit has entered into a Contract or Subaward, the COI Point of Contact shall, as soon as possible, disclose suchi finding tot the Governing Board ofthel Unit. Upon discovery ofs such ai real or apparent conflict ofi interest, the Unit shall cease all payments under the relevant Contract or Subaward until the conflict of interest has been resolved.  5. Management After Award of Contract or Subaward.  a. Following the receipt of such disclosure of a potential real or apparent conflict of interest pursuant to Section IV(b)(11)(4), the Governing Board of the Unit may reject the finding of the COI Point of Contact by documenting in writing a justification supporting such rejection. Ifthe Governing Board ofthel Unit fails to reject the finding oft the COI Point of Contact within 15 days of i. if Unit is a Recipient of Federal Financial Assistance funding the Contract or Subaward, disclose the conflicti to the Federal awarding agency providing such Federal Financial Assistance in accordance with 2 C.F.R. $ 200.112 and/or applicable regulations oft the agency, or ii. ifUniti is a Subrecipient of Federal Financial Assistance, disclose the conflict to thel Pass-Through Entity providing a Subaward tol Unit in accordance with2C.FR.9200.112 and applicable regulations of the Federal awarding  receipt, the COI Point of Contact shall:  agency and the Pass-Through Entity.  VI. Oversight of Subrecipient's Conflict ofl Interest Standards  a. Subrecipients ofUnit Must Adopt Conflict of Interest Policy. Prior toi the Unit'sexecution of any Subaward for which the Unit serves as a Pass-Through Entity, the COI Point of Contact shall ensure that the proposed Subrecipient of Federal Financial Assistance has adopted a conflict-of-interest policy that satisfies the requirements of 2 C.F.R. $ 2003186XU,2CFR-$200318eX2, and all other applicable federal regulations.    b. Obligation to] Disclose Subrecipient Conflicts of] Interest. The COI Point of Contact shall ensure that the legal agreement under which the Unit makes a Subaward to a Subrecipient shall require such Subrecipient to disclose to the COI Point of Contact any potential real or apparent conflicts of interest that the Subrecipient identifies. Upon receipt of such disclosure, the COI Point of Contact shall disclose such information to the Federal awarding agency that funded the Subaward in accordance with that agency's disclosure  policy.  VII. Gift Standards  a. Federal Standard. Subject tot the exceptions set forthi in Section VI(b), a Covered Individual may nots solicit or accept gratuities, favors, or anything gofmonetary value from a Contractor b. Exception. Notwithstanding Section VI(a), a Covered Individual: may accept an unsolicited gift from a Contractor or Subcontractor of one or more types specified below ifthe gift has an aggregate market value of $20 or less per source per occasion, provided that the aggregate market value of all gifts received by the Covered Individual pursuant to this  or a Subcontractor.  Section VI(b) does not exceed $50 in a calendar year: i. honorariums for participating in meetings; ii. advertising items or souvenirs ofi nominal value; or  iii. meals furnished at banquets.  C. Internal Reporting. A Covered Individual shall report any gift accepted under Section VI(b) toi the COI Point ofContact. Ifrequired by regulation ofal Federal awarding agency, the COI Point of Contact shall report such gifts to thel Federal awarding agency or a Pass-  Through Entity for which the Unit is a Subrecipient.  VIII. Violations ofPolicy  a. Disciplinary Actions for Covered Individuals. Any Covered Individual that fails to discloseard real, apparent, or potential real or apparent conflict ofinterest arising with respect tot the Covered Individual or Related Party mayl be subject to disciplinary action, including, but not limited to, an employee'st termination or suspension ofe employment with or without pay, the consideration or adoption of a resolution of censure of a Public Official by the b. Disciplinary Actions for Contractors and Subcontractors. The Unit shall terminate any Contract with a Contractor or Subcontractor that violates any provision oft this Policy. Protections for Whistleblowers. In accordance with 41 U.S.C. $ 4712, the Unit shall not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee  Governing Board, or termination of an agent's contract with the Unit.  7    reasonably believes is evidence of gross mismanagement ofai federal contract or grant, a gross waste of federal funds, an abuse ofa authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation ofa contract) or grant: OamemberofCongres: or ai pesatativeofacomite. ofCongress; (ii) an Inspector General; (iii) the Government Accountability Office; (iv) a Treasury or other federal agency employee responsible for grant oversight or management; (v) an authorized official of the Department of Justice or other law enforcement agency; (vi) a court or grand jury; of (vii) a management official or other employee of the Unit, a Contractor, or Subcontractor whol has thei responsibility to: investigate, discover, or address  misconduct.  Adopted this the day of  2022.  Cindy Poe, Town Clerk  Rick Cross, Mayor oft the Town of Bermuda Run  8    EXHIBIT. A Examples  Potential Examples ofa "Financial or Other Interes!" in a Firm or Organization Considered for a Contract or Subaward  Potential, Examples ofa "Tangible. Personal Benefit" From a Firm or Organization Considered, for a Contract or Subaward firm with a relationship with the firm considered A position as a director or officer of the firm or  Direct or indirect equity interest in a firm or Opportunity tol be employed by the firm considered organization considered for a Contract or for a contract, an affiliate of that firm, or any other  Subaward, which may include: Stock in a corporation. company. partnership.  fora a Contract.  Membership interest in a limited liability  Partnership interest in a general or limited organization, even if uncompensated.  Any right to control the firm or organization's affairs. For example, a controlling equity interest in an entity that controls or has the right to control a firm considered for a contract. Option toj purchase any equity interest in a firm or organization.  Holder of any debt owed by a firm considered for AI referral of business from a firm considered fora  a Contract or Subaward, which may include: Secured debt (e.g., debt backed by an asset of the firm (like a firm's building or Unsecured debt (e.g., a promissory note evidencing aj promise to repay a loan). o Holder of a judgment against the  Contract or Subaward.  equipment))  firm.  Supplier or contractor to a firm or organization Political or social influence (e.g., a promise of  considered for a Contract or Subaward.  appointment to an local office or position on a  public board or private board).  A-1        BA  2        EXHIBITC  CONTRACT CONFLICT OF INTEREST DISCLOSURE FORM FOR OFFICIALS, EMPLOYEES, AND AGENTS  The Town of Bermuda Run ("Unit") has adopted a Conflict of Interest Policy ("Policy") that governs the Unit'se expenditure of Federal Financial Assistance (as defined in Section II ofthel Policy). The Policy designates the Town Manager oft the Town of Bermuda Run as the "COI Point of Contact." The COII Point of Contact has identified you as an official, employee, or agent oft thel Unit that may be involved in the selection, award, or administration of the following contract: Financial. Assistance, the COII Point ofContact! has requested that you identify any potential real or apparent conflicts ofinterest in thel Firm considered for the award ofa Contract. Using the Exhibit A to the Policy  (the "Contrac"). To safeguard the Unit's expenditure of Federal  asa guide, please answer the following questions:  1. Doy you have ai financial or other interest in ai firm considered: fort this Contract?  Yes  No  Unsure:  Ift the answer is Yes or Unsure, please explain:  2. Will you receive any tangible personal benefit from ai firm considered for this Contract?  Yes  No  Unsure:  Ifthe answer is Yes or Unsure, please explain:  3. For purposes of Question 3(a) and 3(b), your Immediate Family Members" include: (i): your spouse and their parents, (ii) your child, (ii): your parent and any spouse ofy your parent, (iv): your sibling and any spouse of your sibling, (v) your grandparents or grandchildren, and the spouses of each, (vi) any domestic partner of any individual in (ii) through (v) ofthis definition; and (vi) any individual related by blood or affinity whose close association with you is the equivalent ofai family relationship.  a. Do you have an Immediate Family Member with a financial or other interest in a  firm considered for this Contract?  Yes  No  Unsure:  Ifthe answer is Yes or Unsure, please explain:  C-1    b. Do you have an Immediate Family Member that will receive a tangible personal  benefit from a firm considered for this Contract?  Yes  No  Unsure:  4. Do you have any other partner with a financial or other interest in a firm considered for this  Contract?  Yes  No  Unsure:  Ift the answer is Yes or Unsure, please explain:  5. Will any other partner of yours receive any tangible personal benefit from a firm considered for  this Contract?  Yes  No  Unsure:  Ifthe answer is Yes or Unsure, please explain:  6. Does your current or potential employer (other than the Unit) have a financial or other interest ina firm considered for this Contract or will such current or potential employer receive a tangible  personal benefit from this Contract?  Yes  No  Unsure:  Ift the answer is Yes or Unsure, please explain:  7. Benefits to Employers  a. Does a current orj potential employer (other than the Unit) of any ofyour Immediate Family Members have ai financial or other interest in ai firm considered for this Contract?  Yes  No  Unsure:  Ift the answer is Yes or Unsure, please explain:  b. Will a current or potential employer (other than the Unit) ofa any ofyour Immediate Family  Members receive at tangible personal benefit from this Contract?  Yes  No  Unsure:  Ifthe answer is Yes or Unsure, please explain:  C-2    C. Does a current or potential employer (other than the Unit) ofa any partner of yours have a  financial or other interest in a firm considered for this Contract?  Yes  No.  Unsure:  Ift the answer is Yes or Unsure, please explain:  d. Will a current or potential employer (other than the Unit) ofa any partner of yours receive a  tangible personal benefit from this Contract?  Yes  No  Unsure:  Ift the answer is Yes or Unsure, please explain:  8. Does any existing situation or relationship create the appearance that you have ai financial or other interest in a firm considered for this Contract or will receive a tangible personal benefit from ai firm  considered for this Contract?  Yes  No  Unsure:  Ifthe answer is Yes or Unsure, please explain:  9. Does any existing situation or relationship create the appearance that any Immediate Family Member of yours has a financial or other interest in a firm considered for this Contract or will  receive at tangible personal benefit from ai firm considered for this Contract?  Yes  No  Unsure:  Ifthe answer is Yes or Unsure, please explain:  10. Does any existing situation or relationship create the appearance that your current or potential employer (other than the Unit) has a financial or otheri interest in ai firm considered for this Contract or will: receive a tangible personal benefit from a firm considered for this Contract?  Yes  No.  Unsure:  Ift the answer is Yes or Unsure, please explain:  11. Does any existing situation or relationship create the appearance that any current or potential employer (other than the Unit) ofany ofyour Immediate Family Members has a financial or other  C-3    interest in a firm considered fort this Contract or will receive a tangible personal benefit from ai firm  considered for this Contract?  Yes  No  Unsure:  Ifthe answer is Yes or Unsure, please explain:  12. Does any existing situation or relationship create the appearance that any current or potential employer (other than the Unit) of any other partner has a financial or other interest in a firm considered for this Contract or will receive a tangible personal benefit from a firm considered for  this Contract? Yes  No  Unsure:  Ifthe answer is Yes or Unsure, please explain:  Sign Name: Print Name: Name of] Employer Job Title: Date of Completion:  C-4        2        EXHIBITE  SUBAWARD CONFLICT OF. INTEREST DISCLOSURE FORM FOR OFFICIALS, EMPLOYEES, AND AGENTS  The Town of Bermuda Run ("Unit") has adopted a Conflict of Interest Policy ("Policy") that governs the Unit's expenditure of] Federal Financial Assistance (as defined in Section II ofthe Policy). The Policy designates the Town Manager oft the Town of] Bermuda Run as the COI Point of Contact. The COI Point ofContact has identified you as an official, employee, or agent oft the Unit that may be involved in the selection, award, or administration of the following subaward: Federal Financial Assistance, the COI Point ofContact has requestedi that you identify any potential real or apparent conflicts ofinterest in thel Firm considered for the award ofa Subaward. Using the Exhibit A to  (the "Subaward"). To safeguard the Unit's expenditure of  thel Policy as a guide, please answer the following questions:  1. Doy you have ai financial or other interest in ai firm considered for this Subaward?  Yes  No  Unsure:  Ift the answer is Yes or Unsure, please explain:  2. Will you receive any tangible personal benefit from a firm considered for this Subaward?  Yes  No  Unsure:  Ifthe answer is Yes or Unsure, please explain:  3. For purposes of Question 3(a) and 3(b), your Immediate Family Members" include: (): your spouse and their parents, (ii): your child, (ii) your parent and any spouse of your parent, (iv): your sibling and any spouse of your sibling, (v): your grandparents or grandchildren, and the spouses of each, (vi) any domestic partner of any individual in (ii) through (v) ofthis definition; and (vii) any individual related by blood or affinity whose close association with you is the equivalent ofai family relationship.  a. Do you have an Immediate Family Member with a financial or other interest in a  firm considered for this Subaward?  Yes  No  Unsure:  Ifthe answer is Yes or Unsure, please explain:  E-8    b. Do you have an Immediate Family Member that will receive a tangible personal  benefit from ai firm considered for this Subaward?  Yes  No  Unsure:  4. Do you have any other partner with a financial or other interest in a firm considered for this  Subaward?  Yes  No  Unsure:  Ift the answer is Yes or Unsure, please explain:  5. Will any other partner of yours receive any tangible personal benefit from a firm considered for  this Subaward?  Yes  No  Unsure:  Ift the answeri is Yes or Unsure, please explain:  6. Does your current or potential employer (other than the Unit) have a: financial or other interest ina firm considered for this Subaward or will such current or potential employer receive a tangible  personal benefit from this Subaward?  Yes  No  Unsure:  Ift the answer is Yes or Unsure, please explain:  7. Benefits to Employers  a. Does a current or potential employer (other than the Unit) ofa any ofyour) Immediate Family Members have ai financial or other interest in a firm considered for this Subaward?  Yes  No  Unsure:  Ift the answer is Yes or Unsure, please explain:  b. Will a current or potential employer (other than the Unit) ofany ofyour Immediate Family  Members receive ai tangible personal benefit from this Subaward?  Yes  No.  Unsure:  Ifthe answer is Yes or Unsure, please explain:  E-9    C. Does a current or potential employer (other than the Unit) of any partner of yours have a  financial or other interest in ai firm considered fort this Subaward?  Yes  No  Unsure:  Ift the answer is Yes or Unsure, please explain:  d. Will a current or potential employer (other than the Unit) of any partner ofy yours receive a  tangible personal benefit from this Subaward?  Yes  No  Unsure:  Ift the answeri is Yes or Unsure, please explain:  8. Does any existing situation or relationship create the appearance that you have ai financial or other interest in a firm considered for this Subaward or will receive a tangible personal benefit from a  firm considered for this Subaward?  Yes  No  Unsure:  Ift the answer is Yes or Unsure, please explain:  9. Does any existing situation or relationship create the appearance that any Immediate Family Member of yours has a financial or other interest in a firm considered for this Subaward or will  receive a tangible personal benefit from ai firm considered fort this Subaward?  Yes  No  Unsure:  Ifthe answer is Yes or Unsure, please explain:  10. Does any existing situation or relationship create the appearance that your current or potential employer (other than the Unit) has a financial or other interest in a firm considered for this Subaward or will receive at tangible personal benefit from ai firm considered for this Subaward?  Yes  No  Unsure:  Ifthe answer is Yes or Unsure, please explain:  11. Does any existing situation or relationship create the appearance that any current or potential employer (other than the Unit) ofany ofyour Immediate Family Members has ai financial or other  E-10    interest in a firm considered for this Subaward or will receive a tangible personal benefit from a  firm considered for this Subaward?  Yes  No  Unsure:  Ifthe answer is Yes or Unsure, please explain:  12. Does any existing situation or relationship create the appearance that any current or potential employer (other than the Unit) of any other partner has a financial or other interest in a firm considered for this Subaward or will receive ai tangible personal benefit from ai firm considered for  this Subaward? Yes_  No  Unsure:  Ifthe answer is Yes or Unsure, please explain:  Sign Name: Print Name: Name of] Employer Job Title: Date of Completion:  E-11    BERMUL  1201 Kinderton Boulevard, Suite 100. . Bermuda Run, NC 27006 (336)998-0906-1 Fax (336)998-7209.  www.townofbr.com  Resolution  Eligibility Determination Policy for ARP/CSLFRF funds.  WHEREAS the Town of Bermuda Run, has received an allocation of funds from the Coronavirus State and Local Fiscal Recovery Funds ofH.R. 1319 American Rescue Plan Act of2021 (ARP/CSLFRF); and WHEREAS US Treasury is responsible for implementing ARP/CSLFRF and has enacted a Final Rule WHEREAS the funds may be used for projects within these categories, to the extent authorized by state 1. Support COVID-19 public health expenditures, by funding COVID-19 mitigation and prevention efforts, medical expenses, behavioral healthcare, preventing and responding to violence, and 2. Address negative economic impacts caused by the public health emergency, including economic harms tol households, small businesses, non-profits, impacted industries, and the public sector; 3. Replace lost public sector revenue, using this funding toj provide government services to the extent 4. Provide premium pay for essential workers, offering additional support to those who have borne and will bear the greatest health risks because of their service in critical infrastructure sectors; 5. Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to  outlining eligible projects; and  law.  certain public health and safety staff,  oft the reduction in revenue experienced due to the pandemic;  and,  expand access tol broadband internet; and  WHEREAS the ARP/CSLFRF are subject to the provisions of the federal Uniform Grant Guidance, 2 WHEREAS US Treasury has issued a Compliance and Reporting Guidance v.3.00 (February 28, 2022) dictating implementation oft the. ARP/CSLFRF award terms and compliance requirements; and  CFR Part 200 (UG), as provided in the Assistance Listing; and  WHEREAS the Compliance and Reporting Guidance states on page 61 that  Per 2 CFR Part 200.303, your organization must develop and implement effective internal controls to ensure that funding decisions under the SLFRF award constitute eligible uses off funds,  and document determinations.  BE: IT RESOLVED that the Town Council oft the Town of] Bermuda Run hereby adopts and enacts the  following Eligibility Determination Policy for ARP/CSLFRF funds.  Cindy Poe, Town Clerk  Rick Cross, Mayor Town of Bermuda Run    Eligibility Determination Policy for American Rescue Plan Actof2021 Coronavirus State and This policy defines the permissible and prohibited uses of the Coronavirus State and Local Fiscal Recovery Funds ofH.R. 1319 American Rescue Plan Act of2021 (ARP/CSLFRF) funds. It also outlines the procedures for determining how the Town of Bermuda Run will spend its ARP/CSLFRF funds. US Treasury issued its Final Rule regarding use of ARP funds on January 6, 2022. (The Final Rule is effective as of April 1,2022. Until that date, a local government may proceed under the regulation promulgated by US Department oft the Treasury ini its Interim Final Rule or the Final Rule.)The Final Rule (and the Interim Final Rule) identify permissible uses of ARP/CSLFRF funds and certain limitations and process requirements. Local governments must allocate ARP/CSLFRF funds no later than December 31,2024 and disburse all funding no later than December 31, 2026. Failure ofa an entity to expend all ARP/CSLFRF funds may be used for projects within the following categories of expenditures: 1. Support COVID-19 public health expenditures, by funding COVID-19 mitigation and prevention efforts, medical expenses, behavioral healthcare, preventing and responding to violence, and 2. Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, non-profits, impacted industries, and the public 3. Replace lost public sector revenue, using this funding to provide government services to the extent 4. Provide premium pay for essential workers, offering additional support to those who have borne and will bear the greatest health risks because oft their service in critical infrastructure sectors; and 5. Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to  Local Fiscal Recovery Funds  I.  PERMISSIBLE USES OF ARP/CSLFRF FUNDING  funds by December 31, 2026 will result in forfeiture of ARP funds.  certain public health and safety staff;  sector;  oft the reduction ini revenue experienced due tot the pandemic;  expand access to broadband internet; and PROHIBITED USES OF. ARPA FUNDING  II.  The. ARP/CSLFRF and US Treasury's Final Rule prohibit certain uses of ARP/CSLFRF funds. Specifically, ARP/CSLFRF funds may not be used for projects within the following categories of 1. To make a deposit into a pension fund that constitutes an extraordinary payment of an accrued, unfunded liability (Note that routine contributions as part of a payroll obligation for  expenditures:  an eligible project are allowed.);  2. Tol borrow money or make debt service payments; 3. To replenish rainy day funds or fund other financial reserves;  4. To: satisfy an obligation arising from a settlement agreement, judgment, consent decree, or judicially confirmed debt restricting in aj judicial, administrative, or regulatory proceeding (There is an exception to this prohibition if the settlement orj judgment requires the Town of Bermuda Run to provide services to respond to the COVID-19 public health emergency or its negative economic impacts or to provide government services, then the costs of those 5. For a project that includes at term or condition that undermines efforts to stop the spread of COVID-19 or discourages compliance with recommendations and guidelines in CDC guidance  otherwise ARP/CSLFRF-eligible projects are allowed.);  for stopping the spread of COVID-19;    6. In violation of the confict-of-interest requirements imposed by the award terms and 2 CFR 7. For any expenditure that would violate other applicable federal, state, and local laws and  200.318(c). regulations.  The Town of] Bermuda Run, and any ofits contractors or subrecipients, may not expend any  ARP/CSLFRF funds for these purposes.  III. PROCEDURES FOR PROJECT APPROVAL and officials must comply with these requirements.  The following are procedures for ARP/CSLFRF project approvals. All Town of] Bermuda Run employees 1. Requests for ARP/CSLFRF funding, must be made in writing and include all the following: b. Identification of ARP/CSLFRF Expenditure Category (EC) (A list ofECs in in the Appendix to the USTreasury Compliance and Reporting Guidance.) Required justifications for applicable projects, according to the requirements in the Final Rule. Employees or any applicant seeking ARP funding should review the Final Rule and Proposed budget, broken down by cost item, in accordance with the Town of  a. Briefd description of the project  Final Rule Overview prior to submitting aj proposal. Bermuda Run's. Allowable Cost Policy.  d.  e. Ap project implementation plan and estimated implementation timeline (All ARP/CSLFRF funds must be fully obligated by December 31, 2024, and fully expended by December 31,  2026.)  2. Requests for funding must be submitted to the Town Manager oft the Town ofBermuda Run for approval. All requests will be reviewed by the Town Manager oft the Town of Bermuda Run for ARP/CSLFRF compliance and by the Town Finance Director oft the Town of Bermuda Run for 3. No ARP/CSLFRF may be obligated or expended before final written approval by the Town Manager oft the Town of Bermuda Run, which approval shall not be given until the Bermuda Run Town Council's approval of the obligation or expenditure and adoption ofa any necessary budget 4. Ifaj proposal does not meet the required criteria, it will be returned to the requesting party for 5. Following approval, employees responsible for implementing the project must conform actual obligations and expenditures to the pre-approved project budget. Changes in project budgets must be approved by the Town Manager of the Town of Bermuda Run and may require a budget amendment before proceeding. Any delay in the projected project completion date shall be communicated to the Town Manager oft the Town of Bermuda Run immediately. 6. The Town Manager of the Town of Bermuda Run must collect and document required information fore each EC, for purposes of completing the required Project and Expenditure reports. 7. The Town Manager oft the Town of Bermuda Run must maintain written project requests and approvals, all supporting documentation, and financial information at least until December 31,  allowable costs and other financial review.  amendments. revision and resubmittal.  2031.    BERMUD  1201 Kinderton Boulevard, Suite 100 . Bermuda! Run, NC 27006 (336)998-0906- Fax (336)998-7209- . www.townofbr.com  Resolution  Allowable Costs and Costs Principles Policy For the Expenditure of ARP/CSLFRF Funds  WHEREAS the Town of Bermuda Run has received an allocation of funds from the Coronavirus State and Local Fiscal Recovery Funds ofH.R. 1319. American Rescue Plan. Act of2021 (ARP/CSLFRF); and WHEREAS the funds may be used for projects within these categories, to the extent authorized by state 1. Support COVID-19 public health expenditures, by funding COVID-19 mitigation and prevention efforts, medical expenses, behavioral healthcare, preventing and responding to violence, and 2. Address negative economic impacts caused by the public health emergency, including economic harms tol households, small businesses, non-profits, impacted industries, and the public sector; 3. Replace lost public sector revenue, using this funding to provide government services to the extent 4. Provide premium pay for essential workers, offering additional support to those who have borne and will bear the greatest health risks because of their service in critical infrastructure sectors; 5. Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to  law.  certain public health and safety staff;  oft the: reduction ini revenue experienced due to the pandemic;  and,  expand access to broadband internet.  WHEREAS the ARP/CSLFRF are subject to the provisions of the federal Uniform Grant Guidance, 2 WHEREAS the Compliance and Reporting Guidance for the State and Local Fiscal Recovery Funds  CFR Sect. 200 (UG), as provided in the. Assistance Listing; and  provides, in relevant part:  Allowable Costs/Cost Principles. As outlined in the Uniform Guidance at 2 CFR Part 200, Subpart Ei regarding Cost Principles, allowable costs are based on the premise that a recipient is responsible for the effective administration ofl Federal awards, application ofs sound management practices, and administration of] Federal funds in a manner consistent with the program objectives and terms and conditions of the award. Recipients must implement robust internal controls and effective monitoring to ensure compliance with the Cost Principles, which are important for ARP/CSLFRF Funds may be, but are not required to be, used along with other funding sources for a given project. Note that ARP/CSLFRF Funds may not be used for a non-Federal cost share or match where prohibited by other Federal programs, e.g., funds may not be used for the State share Treasury' s Interim Final Rule and guidance and the Uniform Guidance outline the types of costs that are allowable, including certain audit costs. For example, per 2 CFR 200.425, ai reasonably proportionate share oft the costs of audits required by the Single. Audit Act Amendments of 1996  building trust and accountability.  for Medicaid.    are allowable; however, costs for audits that were not performed in accordance with 2 CFR Part 200, Subpart F arei not allowable. Please see 2 CFR Part 200, Subpart Ei regarding the Cost  Principles for more: information.  a. Administrative costs: Recipients may use funds for administering the SLFRF program, including costs of consultants to support effective management and oversight, including consultation for ensuring compliance with legal, regulatory, and other requirements. Further, costs must be reasonable and allocable as outlined in 2 CFR 200.404 and 2 CFR 200.405. Pursuant to the ARP/CSLFRF Award Terms and Conditions, recipients are permitted to charge both direct and indirect costs to their SLFRF award as administrative costs. Direct costs are those that are identified specifically as costs of implementing the ARP/CSLFRF program objectives, such as contract support, materials, and supplies for a project. Indirect costs are general overhead costs of an organization where a portion of such costs are allocable to the ARP/CSLFRF award such as the cost of facilities or administrative functions like a director's office. Each category of cost should be treated consistently in like circumstances as direct or indirect, and recipients may not charge the same administrative costs to both direct and indirect cost categories, or to other programs. If a recipient has a current Negotiated Indirect Costs Rate Agreement (NICRA) established with a Federal cognizant agency responsible for reviewing, negotiating, and approving cost allocation plans ori indirect cost proposals, then the recipient may use its current NICRA. Alternatively, if the recipient does not have a NICRA, the recipient may elect to use the de minimis rate of 10 percent of the modified total direct costs b. Salaries and Expenses: In general, certain employees' wages, salaries, and covered  pursuant to 2 CFR 200.414(f).  benefits are an eligible use OfARP/CSLFRF award funds; and  WHEREAS Subpart E ofthe UG dictates allowable costs and cost principles for expenditure of  ARP/CSLFRF funds; and  WHEREAS Subpart E oft the UG (specifically, 200.400) states that:  The application oft these cost principles is based on the: fundamental premises that:  (a) The non-Federal entity is responsible for the efficient and effective administration oft the Federal award through the application ofs sound management practices. (b) The non-Federal entity assumes responsibility for administering Federal funds in a manner consistent with underlying agreements, program objectives, and the terms (c) The non-Federal entity, in recognition of its own unique combination of staff, facilities, and experience, has the primary responsibility for employing whatever form of sound organization and management techniques may be necessary in order to assure proper and efficient administration ofthe. Federal award. (d) The application of these cost principles should require no significant changes in the internal accounting policies and practices of the non-Federal entity. However, the accounting practices of the non-Federal entity must be consistent with these cost principles and support the accumulation of costs as required by the principles, and must provide for adequate documentation to support costs charged to the Federal (e) In reviewing, negotiating and approving cost allocation plans or indirect cost proposals, the cognizant agency for indirect costs should generally assure that the  and conditions oft the Federal award.  award.    non-Federal entity is applying these cost accounting principles on a consistent basis during their review and negotiation of indirect cost proposals. Where wide variations exist in the treatment of a given cost item by the non-Federal entity, the reasonableness: and equity of such treatments should be: fully considered. For non-Federal entities that educate and engage students in research, the dual role of students as both trainees and employees (including pre- and post-doctoral staff) contributing to the completion ofl Federal awards for research must be recognized in (g) The non-Federal entity may not earn or keep any profit resulting from Federal financial assistance, unless explicitly authorized by the terms and conditions oft the  the application oft these principles.  Federal award;  BE: IT RESOLVED that the Town Council ofthe Town of Bermuda Run hereby adopts and enacts the following Allowable Costs and Cost Principles Policy for the expenditure of ARP/CSLFRF funds.  Cindy Poe, Town Clerk  Rick Cross, Mayor Town of Bermuda Run    Town ofBermuda Run Allowable Costs and Costs Principles Policy  I.  ALLOWABLE COSTS AND COSTS PRINCIPLES POLICY OVERVIEW  Title 2U.S. Code of] Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, commonly called Uniform Guidance (UG), specifically Subpart E, defines those items of cost that are allowable, and which are unallowable. The tests ofa allowability under these principles are: (a) the costs must be reasonable; (b) they must be allocable to eligible projects under the Coronavirus State and Local Fiscal Recovery Funds ofH.R. 1319. American Rescue. Plan Act of2021 (ARP/CSLFRF); (c) they must be given consistent treatment through application ofthose generally accepted accounting principles appropriate to the circumstances; and (d) they must conform to any limitations or exclusions set forth in these principles ori ini the. ARP/CSLFRF grant award as to types or amounts of cost items. Unallowable items fall into two categories: expenses which are by their nature unallowable (e.g., alcohol), and unallowable activities (e.g., fund raising). Town of] Bermuda Run shall adhere to all applicable cost principles governing the use of federal grants. This policy addresses the proper classification of both direct and indirect charges to. ARP/CSLFRF funded projects and enacts procedures to ensure that proposed and actual expenditures are consistent with the Responsibility for following these guidelines lies with the Town Manager and the Town Finance Director of the Town of Bermuda Run, who are charged with the administration and financial oversight ofthe ARP/CSLFRF. Further, all local government employees and officials who are involved in obligating, administering, expending, or monitoring ARP/CSLFRF grant funded projects should be well versed with the categories of costs that are generally allowable and unallowable. Questions on the allowability ofcosts should be directed to the Town Manager ofthe Town of Bermuda Run. As questions on the allowability ofcertain costs may require interpretation and judgment, local government personnel are encouraged to  ARP/CSLFRF grant award terms and all applicable federal regulations in the UG.  ask for assistance ini making those determinations.  II. GENERAL COST ALLOWABILITY CRITERIA All costs expended using ARP/CSLFRF funds must meet the following general criteria:  1. Bei necessary and reasonable for the proper and efficient performance and administration of A cost must be necessary to achieve a project object. When determining whether a cost is  the grant program.  necessary, consideration may be given to:  Whether the cost is needed for the proper and efficient performance of the grant project. Whether the cost is identified in the approved project budget or application. Whether the cost aligns with identified needs based on results and findings from ai needs Whether the cost addresses project goals and objectives and is based on program data. A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by aj prudent person under the circumstances prevailing at the time the decision to incur the cost wasi made. For example, reasonable means that sound business practices were: followed, and purchases were comparable to market prices. When determining reasonableness of a cost,  assessment.  consideration must be given to:  Whether the cost is a type generally recognized as ordinary and necessary for the operation ofthe Town of Bermuda Run or the proper and efficient performance ofthe federal award.    The restraints or requirements imposed by factors, such as: sound business practices; arm's-length bargaining; federal, state, and other laws and regulations; and terms and Market prices for comparable goods or services for the geographic area.  conditions oft the ARP/CSLFRF award.  Whether individuals concerned acted with prudence ini the circumstances considering their responsibilities to the Town ofBermuda Run, its employees, the public at large, and the Whether the Town of] Bermuda Run significantly deviates from its established practices and policies regarding the incurrence ofcosts, which may unjustifiably increase the  federal government.  ARP/CSLFRF award's cost.  2. Be allocable to the. ARP/CSLFRF federal award. A cost is allocable to the. ARP/CSLFRF award if the goods or services involved are chargeable or assignable to the ARP/CSLFRF award in accordance with the relative benefit received. This means that the ARP/CSLFRF grant program derived a benefit in proportion to the funds charged to the program. For example, if50 percent of alocal government, program officer' 's salary is paid with grant funds, then the local government must document that the program officer spent at least 50 percent ofhis/her time on the grant Ifa cost benefits two or more projects or activities inj proportions that can be determined without undue effort or cost, the cost must be allocated to the projects based on the proportional benefit. If acost benefits two or more projects or activities in proportions that cannot be determined because of the interrelationship oft the work involved, then the costs may be allocated or transferred to benefitted projects on any reasonable documented basis. Where the purchase of equipment or other capital asset is specifically authorized by the. ARP/CSLFRF, the costs are assignable to the Federal award regardless of the use that may be made oft the equipment or other capital asset involved when no longer needed for the purpose for which it was originally required. 3. Be authorized and not prohibited under state or local laws or regulations. 4. Conform to any limitations or exclusions set forth in the principles, federal laws, ARP/CSLFRE award terms, and other governing regulations as to types or amounts of cost 5. Be consistent with policies, regulations, and procedures that apply uniformly to both the ARP/CSLFRF federal award and other activities oft the' Town of Bermuda Run. 6. Be: accorded consistent treatment. A cost MAY NOT be assigned to a: federal award as a direct cost and also be charged to a federal award as an indirect cost. And a cost must be treated consistently for both federal award and non-federal award expenditures. 7. Be determined in accordance with generally accepted accounting principles (GAAP), unless 8. Bei net of all applicable credits. The term "applicable credits" refers to those receipts or reduction of expenditures that operate to offset or reduce expense items allocable to the federal award. Typical examples of such transactions are purchase discounts; rebates or allowances; recoveries or indemnities on losses; and adjustments of overpayments or erroneous charges. To the extent that such credits accruing to and received by the local government related to the: federal award, they  program.  items.  provided otherwise in the UGG.    shall be credited to the. ARP/CSLFRF award, either as a cost reduction or a cash refund, as  appropriate and consistent with the award terms.  9. Bea adequately documented.  III. SELECTED ITEMS OF COST The UGG examines the allowability of fifty-five (55) specific cost items (commonly referred to as Selected Items of Cost) at 2 CFR $ 200.420-.475. The Town Manager and the Town Finance Director of the Town of Bermuda Run are responsible for determining cost allowability must be familiar with the Selected Items of Cost. The Town of Bermuda Run must follow the applicable regulations when charging these specific expenditures to the ARP/CSLFRF grant and the Town Manager and the Town Finance Director oft the Town of] Bermuda Run will check costs against the selected items of cost requirements to ensure the cost is allowable and that all process and documentation requirements are followed. In addition, State laws, Town of Bermuda Run regulations, and program-specific rules may deem a cost as unallowable, and the Town Manager and the Town Finance Director oft the Town of Bermuda Run must follow those non-federal rules as well.  Exhibit Ai identifies and summarizes the Selected Items of Cost. IV. DIRECT AND INDIRECT COSTS  Allowable and allocable costs must be appropriately classified as direct or indirect charges. Iti is essential that each item of cost be treated consistently in like circumstances either as a direct or an indirect cost. Direct costs are expenses that are specifically associated with a particular ARP/CSLFRP-eligible project and that can be directly assigned to such activities relatively easily with a high degree of accuracy. Common examples of direct costs include salary and fringe benefits of personnel directly involved in undertaking an eligible project, equipment and supplies for the project, subcontracted service provider, or Indirect costs are (1) costs incurred for a common or joint purpose benefitting more than one ARP/CSLFRP-eligible project, and (2) not readily assignable to the project specifically benefited, without effort disproportionate to the results achieved. They are expenses that benefit more than one project or even more than one federal grant. Common examples ofi indirect costs include utilities, local telephone For indirect costs, the Town of Bermuda Run may charge a 10 percent de minimis rate of modified total direct costs (MTDC). According to UGG Section 200.68 MTDC means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance the subawards under the award). MTDC EXCLUDES equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. V. SPECIAL PROVISIONS FOR STATE AND LOCAL GOVERNMENTS There are some special provisions oft the UG that apply only to states, local governments, and Indian  other materials consumed or expended ini the performance ofa grant-eligible project.  charges, shared office supplies, administrative or secretarial salaries.  Tribes.  $200.444 General costs of government.  (a) For states, local governments, and Indian Tribes, the general costs of government are (1)Salaries and expenses of the Office of the Governor of a state or the chief executive of  unallowable (except as provided in $ 200.475). Unallowable costs include: al local government or the chiefexecutive of an Indian tribe;    (2) Salaries and other expenses of as state legislature, tribal council, or similar local governmental body, such as a county supervisor, city council, school board, etc., whether  incurred for purposes oflegislation or executive direction; (3) Costs of the judicial branch of a government;  (4) Costs of prosecutorial activities unless treated as a direct cost to a specific program if authorized by statute or regulation (however, this does not preclude the allowability of other (5) Costs of other general types of government services normally provided to the general public, such as fire and police, unless provided for as a direct cost under a program statute or (b) For Indian tribes and Councils of Governments (COGs) (see definition for Local government: in S 200.1 of this part), up to 50% of salaries and expenses directly attributable to managing and operating Federal programs by the chief executive and his or her staff can be  legal activities oft the. Attorney General as described in $ 200.435); and  regulation.  included in the indirect cost calculation without documentation. S 200.416 Cost allocation plans and indirect cost proposals.  (a) For states, local governments and Indian tribes, certain services, such as: motor pools, computer centers, purchasing, accounting, etc., are provided to operating agencies on a centralized basis. Since Federal awards are performed within the individual operating agencies, there needs to be a process whereby these central service costs can be identified and assigned to benefitted activities on a reasonable and consistent basis. The central service cost allocation plan provides that (b), Individual operating agencies (governmental department or agency), normally charge Federal awards for indirect costs through an indirect cost rate. A separate indirect cost rate(s) proposal for each operating agency is usually necessary to claim indirect costs under Federal awards. Indirect (1)The indirect costs originating in each department or agency of the governmental unit (2)The costs of central governmental services distributed through the central service cost (c) The requirements for development and submission of cost allocation plans (for central service costs and public assistance programs) and indirect cost rate proposals are contained in appendices  process.  costs include:  carrying out Federal awards and  allocation plan and not otherwise treated as direct costs.  V,VI and VII tot this part. $ 200.417 Interagency service.  The cost of services provided by one agency to another within the governmental unit may include allowable direct costs of the service plus aj pro-rated share ofindirect costs. A standard indirect cost allowance equal to ten percent ofthe direct salary and wage cost of providing the service (excluding overtime, shift premiums, and fringe benefits) may be used in lieu of determining the actual indirect costs oft the service. These services do not include centralized services included in  central service cost allocation plans as described in Appendix Vi tol Part 200.    VI.  COST. ALLOWABILITY REVIEW PROCESS  Preapproval Cost Allowability Review  Before an ARP/CSLFRI-funded project is authorized, the Town Manager and the Town Finance Director oft the Town of Bermuda Run must review the proposed cost items within an estimated project budget to determine whether they are allowable and allocable and whether cost items will be charged as direct or indirect expenses. This review will occur concurrently with the review ofj project eligibility and before  obligating or expending any ARP/CSLFRF funds.  Local government personnel must submit proposed. ARP/CSLFRF projects to the Town Manager and the Town Finance Director ofthe Town of Bermuda Run for review. In addition to other required information, all proposed project submissions must delineate estimated costs by cost item Along with a general review of project eligibility and conformance with other governing board management directives, the Town Manager and the Town Finance Director ofthe Town of Bermuda Run must review estimated costs for specific allowable cost requirements, budget parameters, indirect rates, fringe benefit rates, and those activities/costs that require pre-approval by the US Treasury. See the Town ofl Bermuda Run Eligibility Determination Policy. Ifaproposed project includes ai request for an unallowable cost, the Town Manager and the Town Finance Director oft the Town of Bermuda Run will return the proposal to the requesting party for Once a proposed project budget is pre-approved by the Town Manager and the Town Finance Director oft the Town of Bermuda Run, the local government personnel responsible for implementing the project must conform actual obligations and expenditures to the pre-approved  review and, if practicable, resubmission with corrected cost items.  project budget.  Post-expenditure CostAllowability Review  Once an expenditure is incurred related to an eligible project, and an invoice or other demand for payment iss submitted to the local government, the Town Manager and the Town Finance Director oft the Town of Bermuda Run: must perform a second review to ensure that actual expenditures comprise allowable costs. All invoices or other demands for payment must include a breakdown by cost item. The cost items should mirror those presented in the proposed budget for the project. If an invoice or other demand for payment does not include a breakdown by cost item, the Finance Director ofthe Town of Bermuda Run will return the invoice to the project manager and/or vendor, contractor, or  subrecipient for correction.  The Finance Director oft the Town ofBermuda Run: must review the individual cost items listed on the invoice or other demand for payment to determine their allowability and allocability. Ifall cost items are deemed allowable and properly allocable, funds must proceed through the Ifany cost item is deemed unallowable, the Finance Director oft the Town of] Bermuda Run will notify the project management and/or vendor, contractor, or subrecipient that aj portion of the invoice or other demand for payment will not be paid with ARP/CSLFRF funds. The Town Manager and the Town Finance Director of the Town of] Bermuda Run may in their discretion, and consistent with this policy, allow an invoice or other demand for payment tol be resubmitted with a  local government's normal disbursement process.    revised cost allocation. Ifthe local government remains legally obligated by contract or otherwise toj pay the disallowed cost item, it must: identify other local government funds to cover the disbursement. The Town of] Bermuda Run's governing board must approve any allocation ofother  funds for this purpose.  The Finance Director oft the Town of Bermuda Run must retain appropriate documentation ofbudgeted cost items per project and actual obligations and expenditures of cost items per project.  VII.  COSTTRANSFERS  Any costs charged to the ARP/CSLFRF federal award that do: not meet the allowable cost criteria must be removed from the award account and charged to an account that does not require adherence to federal Failure to adequately follow this policy and related procedures could result in questioned costs, audit  UGG or other applicable guidelines.  findings, potential repayment of disallowed costs and discontinuance of funding.  EXHIBIT, A Uniform Guidance General Reference 2CFRS 200.421 2CFRS 200.422 2CFRS 200.423 2CFRS 200.424 2CFRS 200.425 2CFRS 200.426 2CFRS 200.427 200.428  Selected Items of Cost  Allowability  Advertising and public relations  Allowable with restrictions Allowable with restrictions  costs Advisory councils Alcoholic beverages Alumni/aea activities Audit services Bad debts Bonding costs  Unallowable  Not specifically addressed Allowable with restrictions  Unallowable  Allowable with restrictions  Collection ofimproper payments 2CFRS Commencement and convocation 2CFRS  Allowable  Not specificallya addressed    costs  200.429 200.430 2CFRS 200.431 2CFRS 200.432 2CFRS 200.433 2CFRS 200.434  Compensation - personal services 2CFRS  Allowable with restrictions; Special conditions apply (e.g, 200.43000(5)) Allowable with restrictions Allowable with restrictions Unallowable with exceptions Unallowable (made by non-federal entity); not reimbursable but value may be used as cost sharing or matching (made to non-federal Allowable with restrictions  Compensation - fringe benefits  Conferences  Contingency provisions Contributions and donations  entity)  Defense and prosecution of criminal and civil proceedings, claims, appeals and patent infringements Depreciation  2CFRS 200.435 2CFRS 200.436 200.437 2CFRS 200.438 2CFRS 200.439 2CFRS 200.440 2CFRS 200.441 2CFRS 200.442 200.443 2CFRS 200.444  Allowable with qualifications Allowable with restrictions Unallowable with exceptions Allowability based on specific requirement Allowable with restrictions Unallowable with exceptions Unallowable with exceptions Allowable with restrictions Unallowable with exceptions  Employee health and welfare costs 2CFRS  Entertainment costs  Equipment and other capital expenditures Exchange rates  Fines, penalties, damages and other settlements Fund raising and investment management costs depreciable assets General costs of government  Gains and losses on disposition of 2CFRS    Goods and services for personal  2CFRS 200.445 2CFRS 200.446 2CFRS 200.447 2CFRS 200.448 2CFRS 200.449 2CFRS 200.450 2CFRS 200.451  Unallowable (goods/services); allowable (housing) with restrictions Idle facilities unallowable with exceptions; Idle capacity-a allowable with restrictions Allowable with restrictions Allowable with restrictions Allowable with restrictions  use  Idle facilities and idle capacity  Insurance and indemnification Intellectual property Interest Lobbying  Unallowable  Losses on other awards or contracts  Unallowable (however, they are required tol be included in the indirect cost rate base for allocation ofindirect costs) Allowable with restrictions Allowable with restrictions  Maintenance and repair costs Materials and supplies costs, including costs of computing  2CFRS 200.452 2CFRS 200.453  devices  Memberships, subscriptions, and 2CFRS  Allowable with restrictions; unallowable for lobbying organizations approval  professional activity costs Organization costs Participant support costs Plant and security costs Pre-award costs  200.454 2CFRS 200.455 2CFRS 200.456 2CFRS 200.457 2CFRS 200.458  Unallowable except federal prior Allowable with prior approval of the federal awarding gagency Allowable; capital expendituresare subject to S 200.439 Allowable if consistent with other allowabilities and with prior approval oft the federal awarding Allowable with restrictions  agency  Professional services costs  2CFRS    200.459 2CFRS 200.460 2CFRS 200.461 200.462 2CFRS 200.463 2CFRS 200.464 2CFRS 200.465 200.466 2CFRS 200.467 2CFRS 200.468 2CFRS 200.469 200.470 2CFRS 200.471 2CFRS 200.472 2CFRS 200.473 2CFRS 200.474 2CFRS 200.475  Proposal costs  Allowable with restrictions Allowable with restrictions Allowable (ordinary and normal) Allowable with restrictions Allowable with restrictions Allowable with restrictions Not: spedficalyaddressed Unallowable with exceptions Allowable with restrictions Unallowable unless specifically provided for in the federal award Allowable with restrictions Allowable with restrictions Allowable for employee development Allowable with restrictions Allowable with restrictions Not specifically addressed  Publication and printing costs  Rearrangement and reconversion 2CFRS  costs Recruiting costs  Relocation costs of employees Rental costs oft real property and  equipment  Scholarships and student aid costs 2CFRS  Selling and marketing costs Specialized service facilities Student activity costs  Taxes (including Value Added Tax) 2CFRS  Termination costs  Training and education costs Transportation costs Travel costs Trustees    DERMU  1201 Kinderton Boulevard, Suite 100 . Bermuda Run, NC 27006  (336)9 998-0906-1 Fax (336)  Resolution  Record Retention Policy: Documents Created or Maintained  Pursuant to the. ARP/CSLFRF Award  WHEREAS, the Town of] Bermuda Run is receiving American Rescue Plan Acto of2021 Coronavirus State WHEREAS, all financial and programmatic records related to ARP/CSLFRF must be retained for aj period of five years after all CSLFRF funds have been expended or returned to the US Department ofTreasury,  and Local Fiscal Recovery Funds; and,  whichever: is later; and,  WHEREAS, all records must be retained pursuant to the attached policy.  BE IT RESOLVED THAT THE TOWN COUNCIL OF THE TOWN OF BERMUDA RUN adopts and enacts the attached Record Retention Policy: Documents Created or Maintained Pursuant to the  ARP/CSLFRF Award.  Cindy Poe, Town Clerk  Rick Cross, Mayor of the Town of Bermuda  Run    BERMU  1201 Kinderton Boulevard, Suite 100 . Bermuda Run, NC 27006 (336)998-0906- Fax (336)998-7209- . www.townofbr.com  Record Retention Policy: Documents Created or Maintained Pursuant to the ARP/CSLFRE Award Retention of Records: The Coronavirus Local Fiscal Recovery Funds ("CSLFRF"). AwardTerms and Conditions and the Compliance and Reporting Guidance set forth the U.S. Department ofTreasury's It is the policy oft the Town of] Bermuda Run to: follow Treasury's record retention requirements as it expends CSLFRF pursuant to the APR/CSLFRF award. Accordingly, the Town of] Bermuda Run agrees Retain all financial and programmatic records related to the use and expenditure of CSLFRF pursuant to the ARP/CSLFRF award for a period of five (5) years after all CLFRF: funds have Retain records for real property and equipment acquired with CSLFRF for five years after final Ensure that the financial and programmatic records retained sufficiently evidence compliance with section 603(c) ofthe Social Security. Act "ARPA," Treasury's: regulations implementing that Allow the Treasury Office of] Inspector General and the Government Accountability Office, or their authorized representatives, the right oft timely and unrestricted access to any records for the Ifany litigation, claim, or audit is started before the expiration ofthe 5-year period, the records will bei retained until all litigation, claims, or audit findings involving the records have been  ("Treasury") record retention requirements for the ARP/CSLFRF award.  tot the following:  been expended or returned to Treasury, whichever is later.  disposition.  section, and guidance issued by Treasury regarding the foregoing.  purpose of audits or other investigations.  resolved.  Covered Records: For purposes oft this policy, records are information, regardless ofj physical form or characteristics, that are created, received, or retained that evidence the Town of] Bermuda Run's expenditure of CSLFRF funds on eligible projects, programs, or activities pursuant to the ARP/CSLFRF Records that shall be retained pursuant to this policy include, but are: not limited to, the following: Financial statements and accounting records evidencing expenditures of CSLFRF for eligible Documentation of rational to support a particular expenditure OfCSLFRF (e.g., expenditure Documentation of administrative costs charged to the. ARP/CSLFRF award; Procurement documents evidencing the significant history ofa a procurement, including, at a minimum, the: rationale for the method of procurement, selection of contract type, contractor  award.  projects, programs, or activities. constitutes a general government service);  selection or rejection, and the basis for contract cost or price; Subaward agreements and documentation of subrecipient monitoring;    Documentation evidencing compliance with the Uniform Guidance property management Personnel and payroll records for full-time and part-time employees compensated with CSLFRF,  standards set forth in 2C.F.R. $8 200.310-316 and 200.329;  including time and effort reports; and Indirect cost rate proposals  Storage: Town of] Bermuda Run' si records must be stored in a safe, secure, and accessible manner. Wherever practicable, such records should be collected, transmitted, and stored in open and machine- Departmental Responsibilities: Any department or unit oft the Town of] Bermuda Run, and its employees, who are responsible for creating or maintaining the covered documents in this policy shall comply with the terms oft this policy. Failure to do sO may subject the Town of] Bermuda Run to civil and/or criminal liability. Any employee who fails to comply with the record retention requirements set forth herein may be subject to disciplinary sanctions, including suspension or termination. The Finance Director of the Town of Bermuda Run is responsible fori identifying the documents that the Town of] Bermuda Run must or should retain and arrange for the proper storage and retrieval of records. The Town Manager ofthe Town of Bermuda Run shall also ensure that all personnel subject to the terms Reporting Policy Violations: The Town of] Bermuda Run is committed to enforcing this policy asi it applies to all forms ofr records. Any employee that suspects the terms oft this policy have been violated shall: report the incident immediately to that employee's supervisor. Ifan employee is not comfortable bringing the matter up with the supervisor, the employee may bring the matter to the attention oft the Mayor oft the Town of] Bermuda Run. The Town of Bermuda Run prohibits, any form of discipline, reprisal, intimidation, or retaliation for reporting incidents ofi inappropriate conduct of any kind, pursuing Ouestions About the Policy: Any questions about this policy should bei referred to Andrew Meadwell, Town Manager ameasvelqoumolr.com. 336-998-0906) who isi in charge ofa administering, enforcing,  readable formats.  ofthis] policy are aware oft the record retention requirements set forth herein.  any record destruction claim, or cooperating in related investigations.  and updating this policy.    RM  1201 Kinderton Boulevard, Suite 100.) Bermuda Run, NC 27006 (336) 998-0906- - Fax (336)998-7209 www.townofbr.com  Resolution  Nondiscrimination Policy for CSLFRF funds  WHEREAS, the Town of Bermuda Run has received an allocation of funds from the "Coronavirus State Fiscal Recovery Fund" or "Coronavirus Local Fiscal Recovery Fund" (together "CSLFRF funds"), established pursuant to Sections 602 and 603 oft the Social Security Act, as added by Section 9901 ofthe American Rescue Plan Act of2021, Pub. L.1 No. 117-2 (the ARP/CSLFRF award"). WHEREAS, CSLFRF funds are subject to the U.S. Department ofTreasury ("Treasury"): regulations, including the Final Rule, the. Award Terms and Conditions, and the Title VII implementing regulations at WHEREAS, pursuant to the. ARP/CSLFRF Award Terms and Conditions, and as a condition of receiving CSLFRF funds, the Town of] Bermuda Run agrees to follow all federal statutes and: regulations prohibiting discrimination in its administration of CSLFRF under the terms and conditions oft the  31 C.F.R. Part 22.  ARP/CSLFRF award, including, without limitation, the following:  Title VI oft the Civil Rights Act of 1964 (42 U.S.C. $8 2000d et seq.) and Treasury'si implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin within programs or activities receiving federal financial assistance; ii. The Fair Housing Act, Title VIII oft the Civil Rights Act of1 1968 (42 U.S.C. S8 3601 et seq.), which prohibits discrimination inl housing on the basis ofrace, color, religion, national origin, sex, iii. Section 504 oft the Rehabilitation Act of1 1973, as amended (291 U.S.C. S 794), which prohibits discrimination on the basis of disability under any program or activity receiving Federal financial iv. The Age Discrimination Act of1975, as amended (42 U.S.C. SS 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis ofa age in V. Title II oft the. Americans with Disabilities Act of 1990, as amended (42 U.S.C. SS 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities: or agencies thereto.  familial status, or disability;  assistance;  programs or activities receiving federal financial assistance; and  RESOLVED, That the Town Council oft the Town of Bermuda Run hereby adopts and enacts the following nondiscrimination policy, which shall apply to the operations of any program, activity, or facility that is supported in whole, or in part, by expenditures CSLFRF pursuant to the ARP/CSLFRF  award.  Cindy Poe, Town Clerk  Rick Cross, Mayor Town of] Bermuda Run    Nondiscrimination Policy Statement  Iti is thej policy ofi the' Town of] Bermuda Run to ensure that no person shall, on the ground of race, color, national origin (including limited English Proficiency), familial status, sex, age, or disability, be excluded from participation in, be denied the befits of, or be otherwise subject to discrimination under any program or activity administered by the Town of Bermuda Run, including programs or activities that are: funded in whole or part, with Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF"), which the Town of Bermuda Run received from the U.S. Department ofTreasury ("Treasury"): pursuant to Sections 602 and 603 of the Social Security Act, as added by Section 9901 oft the American Rescue Plan Act of2021, Pub. L.J No. 117-2 (herein the "ARP/CSLFRF  award"). I.  Governing Statutory & Regulatory Authorities  As required by the CSLFRF Award Terms and Conditions, the Town of Bermuda Run shall ensure that each "activity," "facility," or "program" thati isi funded in whole, or inj part, with CSLFRF and administered under the ARP/CSLFRF award, will be facilitated, operated, or conducted in compliance with the following federal statutes and federal regulations prohibiting discrimination. These include, but are not limited to, the following:  Title VI oft the Civil Rights Act of 1964 (42 U.S.C. SS 2000d et seq.) and' Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis ofrace, color, or national origin ii. Thel Fair Housing Act, Title VIII oft the Civil Rights Act of 1968 (42 U.S.C. $S 3601 et seq.), which prohibits discrimination in housing on the basis ofr race, color, religion, national origin, sex, familial status, iii. Section 504 ofthe Rehabilitation Act of 1973, as amended (291 U.S.C. $ 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial iv. The. Age Discrimination Act of 1975, as amended (42 U.S.C. SS 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age within V. Title II ofthe Americans with Disabilities Act of 1990, as amended (42 U.S.C. $8 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made  under programs or activities receiving federal financial assistance;  ord disability; assistance;  programs or activities receiving federal financial assistance; and  available by state and local governments or instrumentalities or agencies thereto.  II. Discriminatory Practices Prohibited in the Administration of the ARP/CSLFRF Award To ensure compliance with Title VII oft the Civil Rights Act of 1964, and' Title 31 Code of] Federal Regulations, Part 22, the Civil Rights Restoration Act of 1987, and other pertinent nondiscrimination authorities, the Town of Bermuda. Run shall prohibit, at ai minimum, the following practices in its administration of CSLFRF pursuant to the 1. Denying to aj person any service, financial aid, or other program benefit without good cause; 2. Providing to a person any service, financial aid, or another benefit which is different in quantity or quality, ori is provided in a different manner, from that provided to others under the program. 3. Subjecting aj person to segregation or separate treatment in any matter related to the receipt of any service, 4. Restricting aj person in the enjoyment of any advantages, privileges, or other benefits enjoyed by others 5. Treating aj person differently from others in determining whether that person satisfies any admission, enrollment, quota, eligibility, membership, or other requirement or condition which persons must meet to be provided any service, financial aid, or other benefit provided under the program; 6. Implementing different standards, criteria, or other requirements for admission, enrollment, or participation inj planning, advisory, contractual, or other integral activities to thej program;  ARP/CSLFRF award:  financial aid, or other benefit under the program;  receiving any service, financial aid, or other benefit under thej program;    7. Adopting methods of administration which, directly or through contractual relationships, would defeat or 8. Selecting a site or location of facilities with the purpose or effect ofe excluding persons from, denying them the benefits of, subjecting them to discrimination, or with thej purpose or effect of defeating or substantially impairing the accomplishment oft the objectives ofTitle VI or related acts and regulations; 9. Discriminating against any person, either directly or through a contractual agreement, in any employment resulting from the program, aj primary objective of which ist to provide employment; 10. Committing acts ofintimidation or retaliation, including threatening, coercing, or discriminating against any individual for the purpose ofinterfering with any right or privilege secured by any pertinent nondiscrimination law, or because an individual made a complaint, testified, assisted, or participated in an  substantially impair the accomplishment of effective nondiscrimination;  investigation, proceeding, or hearing. II. Reporting & Enforcement  1. The' Town ofl Bermuda Run shall cooperate in any enforcement or compliance review activities by the Department oft the Treasury. Enforcement may include investigation, arbitration, mediation, litigation, andi monitoring ofa any settlement agreements that may result from these actions. The Town of Bermuda Run shall comply with information requests, on-site compliance reviews, and reporting requirements. 2. The Town of Bermuda Run shall maintain a complaint log and inform the Treasury of any complaints ofdiscrimination on the grounds ofrace, color, or national origin (including limited English proficiency covered by Title VI oft the Civil Rights Act of 1964 and implementing regulations and provide, upon request, al list ofall such reviews or proceedings based on the complaint, whether pending or completed, including the outcome. The Town of Bermuda Run shall inform the Treasury if 3. Any person who believes they have been aggrieved by a discriminatory practice under Title VI has a right to file a formal complaint with the Treasury. Any such complaint must be in writing and filed with the Treasury'sTitle VI Coordinator within one. hundred eighty (180) days following the date of 4. Any person who believes that because of that person's race, color, national origin, limited English proficiency, familial status, sex, age, religion, or disability that he/she/they have been discriminated against or unfairly treated by the Town of] Bermuda Run in violation oft this policy should contact the following office within 180 days from the date oft the alleged discriminatory occurrence:  it has received no complaints under Title VI.  the alleged discriminatory occurrence.  Andrew Meadwell, Town Manager 1201 Kinderton Blvd, Suite 100 Bermuda Run, NC: 27006 336-998-0906    (ITEM 10A A)  BERMUD,  1201 Kinderton Boulevard, Suite 100 . Bermuda Run, NC 27006 (336)998-0906-1 Fax (36)998-7209-ywyww.lownofbr.com  To: From: CC: Date: Re:  Town Council  Andrew Meadwell, Town Manager Dora Robertson, Finance Director December: 1, 2022  FPIC's Response letter to NC Dept. of State Treasurer  The financial performance indicator for fund balance available does not set a minimum requirement fori fund balance available. Thisi indicator is used toi identify units whose fund balance available falls below other units with similar General Fund expenditures. An FPIC in fund balance available doesn't necessarily indicate financial or fiscal management weaknesses but is used to provide the local government and the staffofthe LGCwith: a means ofi identifying potentiali issues or concerns in the general fund. If the government habitually uses fund balance to balance the General Fund operating budget over several years, then this FPIC may indicate that the local government is facing fiscali issues. Fund balance should not be used toi finance recurring operating Response to FPIC's must be signed by the majority of the governing board and by both the manager and finance director. The response must be submitted within 60 days of the auditor's  expenditures, such as salaries and benefits or utilities.  presentation to the governing board.    BERMU  1201 Kinderton Boulevard, Suite 100.) Bermuda Run, NC 27006 (336)998-0906- . Fax (336) 998-7209. www.townofbr.com  December 13, 2022 Mr. H.. Jones Norris, Jr.  Senior Accounting & Financial. Management. Advisor State and Local Government. Finance Division North Carolina Department of State Treasurer  Re: Response Addressing "FPICs" Identified on June 30, 2022, Audit  Dear Mr. Norris: the following:  Mr. Tony Brewer, with Eddie Carrick, CPA, presented the. June 30, 2022, audit toi thel Bermuda Run Town Council. Mr. Brewer shared the newly established Performance Indicator Worksheet that triggered a need for response on For the year ending June 30, 2022, the percentage of fund balance available for appropriation in the General Fund declined to 32.36% of current year's expenditures due to a one-time expenditure in the amount of $809,811 for the General Fund's US Hwy 158 Capital Project. For the four years prior to 2022, Bermuda Run's percentage ofi fund balance available for appropriation averaged 118%. The Town is confident that this particular indicator of concern for 2022 is an anomaly and we: feel the Town will show great improvement with this indicator going forward. The audit presentation also spoke to inherent limitations to segregation of duties among the Town of Bermuda Run's s personnel. Although this does not require ai response, this is to inform that alternate controls have been put in The Finance Director will prepare checks, which will be reviewed and signed off by the Town Manager. Ar reconciliation ofr monthly bank statements will bej prepared by the Finance Director. This will then be The Finance Director will maintain the general ledger, willl be reviewed, and signed off monthly by the  place to compensate for any lack of segregation of duties.  Dual signatures for checks are: required, one ofwhich includes thei mayor. reviewed and signed off by the Town Manager: for file.  Town Manager.  We thank you for the opportunity to respond with the steps taken and plan to address thel FPICS identified.  Andrew Meadwell -Town Manager Rick Cross - Mayor  Mike Brannon Council Member  Curtis Capps - Council Member Heather Coleman - Council Member Mike Ernst - Council Member  Melinda Szeliga - Council Member Dora Robertson, Finance Director