Town of PRINCETON st1873 October 2, 2023 BOARD OF COMMISSIONERS - BOARD MEETING AGENDA 1. Callt to order 2. Invocation and Pledge of Allegiance 4. Adopt the Consent Agenda 5. Persons to be Heard 3. Adopt Agenda for the October 2, 2023 Board Meeting a. Minutes from the September 11, 2023 Board Meeting b. Minutes from the September 11, 2023 Closed Session 6. Public Hearing to Review for Adoption the Fireworks Ordinance 7. Review for Adoption the LGC/USDA Loan Closing Resolution(s) 9. Police Chief Smiley Discussion on Police Officer Title Change 10. Comments from Mayor and Commissioners 8. Review for Adoption TRC Proposal for Holt's Pond Road Sewer Line Extension Project 11. Adjourn Next board meeting is November 6, 2023 at 7:00pm 4a Town of Princeton Boar Meeting/September: 11, 20237:00PM Present: Mayor Don Rains, Mayor Pro Tem Mike Rose, Comm. Mike Holmes, Comm. Walter Martin, and Others: TA Michael King, TC April Williamson, Asst. TC Emily Caughron, PWS Michael Hardie, Chief Comm. Keith Robinson Michael Smiley, Marla Ashworth with TRC engineering, and Stacy. Johnson Mayor Rains called the meeting to order at 7:00PM Comm. Robinson gave the Invocation and Comm. Martin lead the Pledge of Allegiance. and Comm. Holmes seconded the motion. Motion passed unanimously. Mayor Rains asked if there was a motion to adopt the consent agenda. Comm. Robinson made a motion Mayor Rains asked if there is a motion to adopt the agenda for the September 11, 2023 board meeting. Comm. Holmes made a motion and Comm. Martin seconded the motion. Motion passed unanimously. Mayor Rains asked if there were any persons to be heard; Marla Ashworth with TRC presented some grant development opportunities to the board. Marla stated that she received this letter that is included in the board's packet last Thursday regarding al letter of interest fori infrastructure needs. Marla explained to the board the process of the letter of interest and let them know that she wanted to bring this to their attention before starting the process. The board thinks iti isa great idea to start the process and if the town is not chosen for the opportunity they can always back out. Comm. Martin made a motion to approve and move forward with the letter ofi interest and Comm. Holmes seconded the Mayor Rains commented that while Marla is still present in the meeting he would like to move line item 6 down and go over7A A, B and Cfi first; the board agrees. Mayor Rains reviewed the resolutions, and asked if anyone has any questions about the resolutions; no one spoke at this time. Comm. Martin commented that he has already read through them and if no one else has any questions or concerns he would like to make a motion to adopt the Princeton Sewer 1&1 Remediation, Princeton Water System Asset Inventory Assessment and the Princeton Sewer System Asset Inventory Assessment Resolutions. Mayor Rains asked if the board was okay with adopting all the resolutions in one motion, they all agreed. Comm. Martin made a motion to adopt resolutions A B and Cand Mayor Pro Tem Rose Mayor Rains reviewed the letter of intent to fund the Holts Pond Road Sewer Line Extension and Storm Water Planning Grant projects received from NC DEQ Division of Water Infrastructure. Marla Ashworth explained that the total funding awarded to install a small sewage lift station is for $224,000; split between a grant of $168,000 and al loan for $56,000. The loan will be offered at 0% interest with a term not to exceed 20 years with a 2% loan fee. The Town also was awarded $120,900 for the Stormwater Planning Grant; which is broken down as Stormwater Asset Inventory $92,300, Develop Stormwater Management plan $16,700 and Develop Stormwater Capital Improvement plan $11,900. Mayor Rains asks if anyone has any questions, no one spoke at this time. Comm. Martin made a motion to accept and move forward with the grant awards and Mayor Pro Tem Rose seconded the motion. Motion passed motion. Motion passed unanimously. seconded that motion. Motion passed unanimously. unanimously. Mayor Rains began the Public Hearing at 7:24PM for the review of the Fireworks Ordinance. TA King went over the changes in the ordinance with the board, he stated that this does not prohibit anyone from having fireworks but it does give the town something to fall back on ifsomething were to happen and they did not have the correct permits that are asked for in the ordinance. Comm. Robinson commented that he disagrees and does not understand why we are, just now doing something like this. Comm. Holmes said he does not disagree but he would like to know more of the definition ofa "firework" or were we just grouping all of them together. Mayor Pro Tem Rose also agreed with Comm. Holmes that until we have additional information on how each firework will be listed he would like to table the vote. Comm. Holmes made a motion to table the discussion until further information is given TAI King presented the updated Solid' Waste Ordinance, stating that this has been in the ordinance but has not been enforced. The Ordinance states a charge of $85 for bulk pickups and TAI King is recommending adding a fee of $25 for a single item pickup. TA King stated the procedure would be fora customer to call in and schedule the pickup. Comm. Robinson made a motion to adopt the updated Solid Waste Ordinance and Comm. Martin seconded the motion. Motion passed unanimously. TAI King reviewed for adoption the amended Water and Sewer Policy. TAI King recommended in the section for Adjusting al Leak taking the actual amount, such as $3.40/1000 gal., out; this is the amount the County charges for purchasing water, and replacing it with the statement "county bulk rate". By doing sO any future County increases would not require the policy to be amended and adopted. Comm. Martin made a motion to adopt the Water and Sewer Policy amendment and Mayor Pro Tem Rose Mayor Rains asked the board if anyone has any questions or comments, no one spoke at this time. Mayor Rains then asked if the board agrees to go into a closed session to finish discussing the offer and purchase of land for WWTP. Comm. Robinson made a motion to go into closed session and Comm. Holmes seconded the motion. Motion passed unanimously. Closed session began at 8:05PM. Comm. Martin made a motion to end the Closed, and Mayor Pro Tem Rose seconded the motion. The motion passed unanimously. Mayor Rains asked if there was any further discussion, and no one spoke at that time. Mayor Pro Tem Rose made a motion to adjourn and the motion passed unanimously. and Comm. Robinson seconded the motion. Motion passed unanimously. seconded the motion. Motion passed unanimously. Mayor, Don Rains Asst. TC, Emily Caughron 6 Town of PRINCETON DONALD B. RAINS MAYOR Est 1873 MICHAEL KING TOWN ADMINISTRATOR TOWN OF PRINCETON - FIREWORKS ORDINANCE Purpose The purpose oft this Ordinance is to protect, preserve and promote the health, safety, welfare, comfort and prosperity of the citizens and residents of the Town of Princeton through regulation of the use, discharge, and display of fireworks. Administration The Town of Princeton Police Department shall be responsible for the administration and enforcement of this Ordinance, and in some cases, include the consent and advice of the Princeton Volunteer Fire Department Fire Chief, and/or the Chief's delegate. Prohibitions The Town of Princeton chooses to abide by North Carolina General Stature (NCGS) as it relates to fireworks; specifically, the language as stated in NCGS Chapter 14, Article 54. The Town of Princeton does not recognize any permitting body or permit(s) )outside of this municipality. All fireworks displays must be approved by the Town of Princeton prior to seeking Johnston County permits and approvals. The Town of Princeton has the right to revoke any Town-issued firework(s). permit, at any time, forany cause. Reasons may include, but are not limited to: Public Safety Concerns Misrepresentation from the permit application process Misuse ofFireworks Improper notification to residents Underage Possession of Fireworks (G.S.514-410) North Carolina Forestry Service issuance of fire bans as referenced in G.S. S 106-946 Exceptions Ordinance: The following shall be considered an exception and shall be exempt from the provisions of this Professional/Commercia/Bulk Firework displays for public consumption and viewing are permissible in the Town of Princeton and it extra territorial jurisdiction (ETJ), but only aftera Firework Display Permit has been successfully obtained from the Town. The cost of this permit is The Town of Princeton does allow for discounts when multiple fireworks display permit(s) are being sought by a single entity. Permits in this category are only allowed in 4 Month Complete the Town of Princeton Fireworks Display Application ( Fillable I Print-Only) Applications must be submitted no less than 30 days prior to the date of display Applications must have property owner's signature and/or letter of support PEACEFUL, PLEASANT, PROGRESSIVE, AND PROUD" Townor Princeton isa an Exqual Opportunity Provider and Employer wmsprincctonns. com 503 Dr. Donnie H.J Jones. Jr. Blvd West. Princeton. NC:27569 Office: (9191936-8171 Fax: (919)936-2842 Office Hours: M FSAM-SPM $50 per display. increments. Permit Appicants/APPications must be demonstrate the following: Town of PRINCETON DONALD B. RAINS MAYOR Est 1873 MICHAEL KING TOWN ADMINISTRATOR Provide a Bond or Certificate of Insurance with a minimum of $500,000. Provide a Valid Copy of Operator's License issued by the North Carolina Office of the State Fire Marshal Pyrotechnic. The Office of the State Fire Marshal is a section within the For outdoor displays, applications shall include a diagram of the location at which the display will be conducted that shows the site from which fireworks will be discharged, the locations of building, highways, overhead obstructions and utilities; as well as the lines Diagrams must include distances from structures mentioned in this ordinance North Carolina Department of Insurance. behind which the audience will be restrained. List of provisions for adequate fire protection. List of names of parties responsible for crowd control. List of names and ages of operator assistants who have been fully trained in the proper Listof the names of the assistants who will be conducting inspection of the fall-out area One copy of instructions! for each type ofi fireworks displayed and approximate number The name, address, and phone number of the individual, group, or organization performance of their tasks. afterdisplay before allowing public access. discharged. sponsoring the outdoor fireworks display. Successful applicants will then need to complete the following: fireworks to the Town of Princeton Town Hall. Provide proofofs successful permitting from the. Johnston County Building Inspections for Provide a "7 day prior," Sdarpofand-dyor notification to residents/Dusinesses within a 1500ft1000ft radius of the discharge location, for each display. Information should include expected dates, times, length of display, length of noises, etc. Copies of notice(s) should be filed with the Town of Princeton Town Hall, each time. Social media may be used, but cannot be the sole mode of notification. Failure to make the aforementioned notifications may result in permits being revoked. Itshall be unlawful to utilize any fireworks within 500 feet of a esdenta/nonvesdenta structure, commercial structure, church, school or daycare during respective normal hours of Itshall be unlawful to use any level of fireworks between the hours of 10PM and 8AM aside from Individuals may put on firework display on the holidays listed below provided the following items The discharge of fireworks must cease no later than 10PM, on Independence Day, July The discharge of fireworks must cease no later than 12:30AM, on New Year's Eve, January activity. proper permitting or as stated in the following items listed below. listed below have been met. 4th, annually. 1st, annually. "PEACEFUL, PLEASANT, PROGRESSIVE, AND PROUD" Townof Princetoni is: an Equal Opportunity Provider: and Employer wwwmyprincctomne. con 503Dr. Donnic H. Jones. Jr. Blyd West. Princeton. NC27569 Office: (9191936-8171 Fax: (9191936-2842 Officel Hours: M-FSAM-SPM Town of PRINCETON DONALD B. RAINS MAYOR Est 1873 MICHAEL KING TOWN ADMINISTRATOR Shells may not exceed consumer grade standards, which is typically 1%" in diameter and The legal limit of explosive material in a consumer grade (1.4G or Class C) firework is 50 mg (about the size of half an aspirin tablet). Any item containing more than 50 mg is Persons or parties choosing to discharge fireworks shall be fully responsible for damages Persons or parties choosing to discharge fireworks shall be fully responsible for the cleanup after displays within 48hrs of completion of fireworks display. smaller, and should not exceed 200ft at height of the detonation. illegal and should be avoided. to neighboring properties, homes, structures, etc. Penalty (A) Up to, and include, civil and criminal penalties for violations. This may include G.S. S 58-82A and (B) Any person, firm or corporation violating any ofthe provisions of any section or division of this code of ordinances forwhich no other penalty is provided, or failing or neglecting or refusing to comply with same, shall, upon conviction, be guilty of a Class 3 misdemeanor and subject to a fine not to exceed $500 or imprisonment not to exceed 30 days,and each day that any of the provisions of this code ofordinances are violated shall constitute a separate offense. (G.S. 514- (C) (1) Violation of any provision ofthis code orany other town ordinance shall subject the offender toa civil penalty to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within ap period of time prescribed by the court after he or she has been (2) Any provision of this code or any other town ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. In such case, the general court of justice shall have jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the application of the town for equitable relief that there is an adequate remedy at (3) Any provision of this code or any other town ordinance that makes unlawful a condition existing upon or use made of real property may be enforced by injunction and order of abatement, and the general court of justice shall have jurisdiction to issue the orders. When a violation of such a provision occurs, the town may apply to the appropriate division of the general court ofj justice for a mandatory or prohibitory injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and Rule 65 in particular. In G.S.514-410 4(a)) cited for the violation. law. "PEACEFUL, PLEASANT, PROGRESSIVE, AND PROUD" Town of Princeton is an EqutOpportunity Prosider and Employer Mwsamgrinctonsun 5031 Dr. Donnie H. Jones. Jr. Blvd West. Princeton. NC27569. Office (9191936-8171 Fax:919,936.2812 OfficeHours: M-FSAM-SPM Town of PRINCETON DONALD MAYOR B. RAINS Est 1873 MICHAEL KING TOWN ADMINISTRATOR addition to an injunction, the court may enter an order of abatement as a part of the judgment in the cause. An order of abatement may direct that buildings or other structures on the property be closed, demolished or removed; that fixtures, furniture or other movable property be removed from buildings on the property; that grass and weeds be cut; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with this code or the ordinance. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he or she may be cited for contempt and the town may execute the order of abatement. The town shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic's and materialman's lien. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties approved by the clerk of superior court in an amount approved by the judge before whom the matter is heard and shall be conditioned on the defendant's full compliance with the terms of the order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall notsuspend or cancel an injunction issued in conjunction therewith. (4) The provisions of this code and any other town ordinance may be enforced by any one, all or (5) Except as otherwise specifically provided, each day's continuing violation of any provision of this code or any othertown ordinance shallbe a separate and distinct offense. (Prior Code, $1-6) acombination; of the remedies authorized and prescribed by this section. Statutoryreference: Enforcement of ordinances, see G.S. S 160A-175 Definitions Fireworks a device containing gunpowderand other combustible chemicals that causes a spectacular explosion when ignited, used typically for display or in celebrations: The Town of Princeton legal limitof explosive material in a consumer grade (1.4G or Class C) firework is 50 mg (about the size of halfan aspirin tablet). Any item containing more than 50 mgisi illegaland should be avoided. Fireworks explosives or aerial fireworks, cake fireworks, Roman candles, mortar blasts, bottle rockets and/or similar devicesthat detonate up high in the air typically over 20'in height. This list of fireworks does Fireworks Exempt from Permitting: Sparklers, fountains, smoke devices, M-80'sa and such, snake and glow.worms, trick noisemakers such as party poppers, string poppers or snappers, and toy pistol caps. These displays typically do not exceed 20'in height when ignited or do not leave the ground. requirea permit from the Townof Princeton and Johnston County. "PEACEFUL, PLEASANT, PROGRESSIVE, AND PROUD" Townof Princeton is an Equal Opportunity Provider and Employer mpminsctomscun, 503Dr Dunnie H.. Jones. Jr. Blvd West. Princeton. NC27569 onice: (919,936-8171 Fax: (9191936-2842 Office Hours: M-FSAM-SPM 9/25/23, 10:05AM Chapter 14- Article 54 Article 54. Sale, etc., of Pyrotechnics. $1 14-410. Manufacture, sale and use of pyrotechnics prohibited; exceptions; license individual, firm, partnership or corporation to manufacture, purchase, sell, deal in, transport, possess, receive, advertise, use, handle, exhibit, or discharge any pyrotechnics of any manufactured, or discharged within the State, provided all ofthe following apply: required; sale to persons under the age of16 prohibited. (a) Except as otherwise provided in this section, it shall be unlawful for any description whatsoever within the State ofNorth Carolina. (al) It shall be permissible for pyrotechnics to be exhibited, used, handled, (1) The exhibition, use, or discharge is at a concert or public exhibition. (2) All individuals who exhibit, use, handle, or discharge pyrotechnics in connection with a concert or public exhibition have completed the training and licensing required under Article 82A of Chapter 58 of the General Statutes. The display operator or proximate audience display operator, as required under Article 82A of Chapter 58 of the General Statutes, must be present at the concert or public exhibition and must personally direct all aspects of exhibiting, using, handling, or discharging the pyrotechnics. Notwithstanding this subdivision, the display operator for the University of North Carolina School of the Arts may appoint an on-site representative to supervise any performances that include a proximate audience display subsequent to the opening performance, provided that the representative (i) is a minimum of 21 years of age and (i) is properly trained in the safe (3) The display operator has secured written authority under G.S. 14-413 from the board of county commissioners of the county, or the city if authorized under G.S. 14-413(a1), in which the pyrotechnics are to be exhibited, used or discharged. Written authority from the board of commissioners or city is not required under this subdivision for a concert or public exhibition provided the display operator has secured written authority from (i) The University of North Carolina or the University of North Carolina at Chapel Hill under G.S. 14-413, and pyrotechnics are exhibited on lands or buildings in Orange County owned by The University ofNorth Carolina or the University of North Carolina at Chapel Hill, (i) the University ofNorth Carolina School of the Arts and pyrotechnics are exhibited on lands or in buildings owned by the State and used by the University of North Carolina School of the Arts, or (iii) The University of North Carolina or North Carolina State University under G.S. 14-413, and pyrotechnics are exhibited on lands or buildings in Wake County owned by The University Notwithstanding any provision of this section, it shall not be unlawful for a discharge of proximate audience displays. ofNorth Carolina or North Carolina State University. (a2) business. (a4) common carrier to receive, transport, and deliver pyrotechnics in the regular course of its (a3) The requirements of this section apply to G.S. 14-413(b) and G.S. 14-413(c). manufactured, or discharged within the State as a special effect by a production company, as It shall be permissible for pyrotechnics to be exhibited, used, handled, htps/www.ncleg.negnelenacledlegisiatiosiatuteshtmlbyarlde/chaple.144larticle.54.htmt 1/5 9/25/23, 10:05AM Chapter 14- Article 54 defined in G.S. 105-164.30(185), for a motion picture production, if the motion picture set is closed to the public or is separated from the public by a minimum distance of 500 feet. manufactured, or discharged within the State for pyrotechnic or proximate audience display instruction consisting of classroom and practical skills training approved by the Office of State individual, firm, partnership, or corporation to sell pyrotechnics as defined in G.S. 14-414(2), (a5) Fire Marshal. (b) It shall be permissible for pyrotechnics to be exhibited, used, handled, Notwithstanding the provisions of G.S. 14-414, it shall be unlawful for any (3),(4)c.,(5), or (6) to persons under the age of16. (c) The following definitions apply in this Article: (1) (2) (3) Concert or public exhibition. A fair, carnival, show of any description, or Display operator. - An individual issued a display operator license under State Fire Marshal. - Defined in G.S. 58-80-1. (1947, C. 210, S. 1;1 1993 (Reg. Sess., 1994), C. 660, S. 3; 1995, C. 475, S. 1;2003-298, S. 2;2 2007-38, s.1;2009-507, S. 1;2010-22, S. 8;2013-275,s.1 1;2015-124,s.1) public celebration. G.S.: 58-82A-3. $14-411. Sale deemed made at site of delivery. Inc case of sale or purchase of pyrotechnics, where the delivery thereof was made by a common or other carrier, the sale shall be deemed to be made in the county wherein the delivery was made by such carrier to the consignee. (1947,c.210,s.2.) $14-412. Possession prima facie evidence of violation. Possession of pyrotechnics by any person, for any purpose other than those permitted under this article, shall be prima facie evidence that such pyrotechnics are kept for the purpose of being manufactured, sold, bartered, exchanged, given away, received, furnished, otherwise disposed of, or used in violation ofthe provisions ofthis article. (1947, c.2 210,s.3.) $14-413. Permits for use at public exhibitions. (a) For the purpose of enforcing the provisions of this Article, the board of county commissioners of any county, or the governing board of a city authorized pursuant to subsection (al) of this section, may issue permits for use in connection with the conduct of conçerts or public exhibitions, such as fairs, carnivals, shows of all descriptions and public celebrations, but only after satisfactory evidence is produced to the effect that said pyrotechnics will be used for the aforementioned purposes and none other. Provided that no such permit shall be required for aj public exhibition under any oft the following circumstances: (1) The exhibition is authorized by The University of North Carolina or the University of North Carolina at Chapel Hill and conducted on lands or in buildings in Orange County owned by The University ofl North Carolina or (2) The exhibition is authorized by the University ofNorth Carolina School of the Arts and conducted on lands or in buildings owned by the State and used by the University ofNorth Carolina School of the. Arts. (3) The exhibition is authorized by The University ofl North Carolina or North Carolina State University and conducted on lands or in buildings in Wake County owned by' The University ofl North Carolina or North Carolina State the University ofl North Carolina at Chapel Hill. University. apshwwandegnalenaleomacalagsaboatamamshmbyerdachpwter_14anrice.SAhim 2/5 9/25/23, 10:05AM Chapter 14- Article 54 (al) For the purpose of enforcing the provisions of this Article, a board of county commissioners may authorize the governing body of any city in the county to issue permits pursuant to the provisions of this Article for pyrotechnics to be exhibited, used, or discharged within the corporate limits of the city for use in connection with the conduct of concerts or public exhibitions. The board of county commissioners shall adopt a resolution granting the authority to the city, and it shall remain in effect until withdrawn by the board of county commissioners adopting a subsequent resolution withdrawing the authority. If a city lies in more than one county, the board of county commissioners of each county in which the city lies must adopt an authorizing resolution. If any county in which the city lies withdraws the authority of the city to issue permits for the use of pyrotechnics, the authority of the city to issue permits for the use of pyrotechnics will end, and all counties within which the city lies commissioners or the governing body of an authorized city may not issue any permit unless the local fire marshal or the State Fire Marshal (or in the case of The University of North Carolina, the University ofNorth Carolina at Chapel Hill, or North Carolina State Universityi it may not authorize such concert or public exhibition unless the State Fire Marshal) has certified must resume their authority to issue the permits. (b) For any indoor use ofpyrotechnics at a concert or public exhibition, the board of that: (1) Adequate fire suppression will be used at the site. (2) (3) The structure is safe for the use of such pyrotechnics with the type of fire Adequate egress from the building is available based on the size of the suppression to be used. expected crowd. (c) The requirements of subsection (b) of this section also apply to any city authorized to grant pyrotechnic permits by local act and to the officer delegated the power to grant such (d) A1 board of county commissioners or the governing board ofa a city shall not issue a permit under this section unless the display operator provides proof fofinsurance in the amount of at least five hundred thousand dollars ($500,000) or the minimum amount required under the North Carolina State Building Code pursuant to G.S. 143-138(e), whichever is greater. A board of county commissioners or the governing board of a city may require proof of insurance that exceeds these minimum requirements. (1947, C. 210, S. 4; 1993 (Reg. Sess., 1994), C. 660, S. 3.1; 1995, C. 509, S. 11; 2003-298, s. 1;2 2007-38, S. 2; 2009-507, S. 2; 2013- permits by local act. 275,.2,2015-24,s2) $14-414. Pyrotechnics defined; exceptions. For the proper construction of the provisions of this Article, pyrotechnics," as is herein used, shall be deemed to be and include any and all kinds of fireworks and explosives, which are used for exhibitions or amusement purposes: provided, however, that nothing herein contained shall prevent the manufacture, purchase, sale, transportation, and use of explosives or signaling flares used in the course of ordinary business or industry, or shells or cartridges used as ammunition in firearms. This Article shall not apply to the sale, use, or possession of the following: (1) (2) Explosive caps designed to be fired in toy pistols, provided that the explosive mixture of the explosive caps shall not exceed twenty-five Snake and glow worms composed of pressed pellets of a pyrotechnic hundredths (,25)ofa gram for each cap. mixture that produce al large, snake-like ash when burning. nttps/www.ncleg.nelenactediegisiation/statuteshitmlyarticle/chapter_14aartcle_54.htm 3/5 9/25/23, 10:05AM Chapter 14- Article 54 (3) (4) Smoke devices consisting of a tube or sphere containing a pyrotechnic Trick noisemakers which produce a small report designed to surprise the Aparty popper, which is a small plastic or paper item containing not in excess of16 milligrams of explosive mixture. Astring protruding from the device is pulled to ignite the device, expelling paper A string popper, which is a small tube containing not in excess of1 16 milligrams of explosive mixture with string protruding from both ends. The strings are pulled to ignite the friction-sensitive mixture, A snapper or drop pop, which is a small, paper-wrapped item containing no more than 16 milligrams of explosive mixture coated on small bits of sand. When dropped, the device produces a small Wire sparklers consisting of wire or stick coated with nonexplosive pyrotechnic mixture that produces a shower of sparks upon ignition. These Other sparkling devices which emit showers of sparks and sometimes a whistling or crackling effect when burning, do not detonate or explode, do not spin, are hand-held or ground-based, cannot propel themselves through the air, and contain not more than 75 grams of chemical compound per tube, or not more than a total of 200 grams if multiple tubes are used. mixture that produces white or colored smoke. user and which include: a. streamers and producing a small report. b. producing a small report. C. report. (5) (6) items must not exceed 100 grams ofmixture per item. (947,c210,s5,195, C.6 674,s. 1;1993, C.4 437.) $14-415. Violation made misdemeanor. Any person violating any of the provisions of this Article, except as otherwise specified in said Article, shall be guilty of a Class 2 misdemeanor, except that it is a Class 1 misdemeanor if the exhibition is indoors. (1947, C. 210, S. 6; 1969, C. 1224, S. 3; 1993, C. 539, S. 288; 1994, Ex. Sess., C. 24, S. 14(c); 2003-298,s.3.) htps.www.ncleg.negnelenacledlegisiatonstatuteshimlbyarica/chaple.144larticle_54.htmt 4/5 STATE OF NORTH CAROLINA DEPARTMENT OF STATE TREASURER RALEIGH, NORTH CAROLINA STATE' TREASURER'S: STATEMENT AS TO INTENDED APPLICATION OF PROCEEDS OF BOND Theundersigned, Treasurerofthe: StateofNorth Carolina( (Re-Trasuer,HEREBY STATES that iti is thei intention ofthe' Treasurer, for the proceeds ofa$310,000 Water and Sewer System Revenue Bond, Series 2023, No. R-1 ofti the Town of Princeton, North Carolina (the "Town"), dated October 17, 2023, be applied as follows: (a) Remit, or cause to be remitted, said bond proceeds of $310,000 to KS Bank, Inc. in Goldsboro, NorthCarolina, fort thes solea ande exclusive purpose ofpaymento on October 20, 2023 ofthe maturing principal ofa $310,000 Water and Sewer Revenue Bond Anticipation Note, Series 2022, dated October 20, 2022, bearing interest at ther rate of3.50% per annum (b) Remit, or cause to be remitted, the sum of $10,850 received from the Town of Princeton, North Carolina to KS Bank, Inc. in Goldsboro, North Carolina, for the sole and exclusive purpose of payment on October 20, 2023, of the accrued interest on the WITNESS my hand at Raleigh, North Carolina this 17h day ofOctober, 2023. andi maturing on October 20, 2023 (the "Note"). maturing Note. DALEI R. FOLWELL, CPA, STATE TREASURER By: Sharon G. Edmundson, Deputy State Treasurer STATE OFI NORTH CAROLINA LOCAL GOVERNMENT COMMISSION RALEIGH, NORTH CAROLINA CERTIFICATE CONCERNING BOND I, Sharon G. Edmundson, Secretary oft the Local Government Commission of North Carolina (the 1. That the application requesting approval of the issuance of bonds of the Town of Princeton, North Carolina (the "Town"), in the aggregate principal amount of $310,000 and authorized by a bond order adopted by the Town Council of the Town on January 16, 2012, entitled "BOND ORDER OF THE TOWN OF PRINCETON, NORTH CAROLINA AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS TO PROVIDE FUNDS TO CONSTRUCT IMPROVEMENTS TOITS WATER AND SEWER SYSTEM, INCLUDING EXTENSIONS TO EXISTING WATER AND SEWER LINES; PROVIDING FOR THE ISSUANCE OF ADDITIONAL REVENUE BONDS FOR VARIOUS PURPOSES; PROVIDING FOR THE ISSUANCE OF REVENUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF REVENUE BONDS; PROVIDING FOR THE CREATIONOFCERTAIN SPECIAL FUNDS; PLEDGING TO THE PAYMENT OF THE PRINCIPAL OF ANDTHEI INTEREST ON THE REVENUE BONDS AND NOTES CERTAINI REVENUES OFT THE WATER AND: SEWER SYSTEM; SETTING FORTH" THE RIGHTS AND REMEDIES OF HOLDERS; AND SETTING FORTH THE DETAILS OF CERTAIN RELATED MATTERS," was duly filed on 2. That Ihave signed a $310,000 Water and Sewer System Revenue Bond, Series 2023, No. R-1 of the Town (the "Bond"), on a certificate stating that issuance of the Bond has been approved under provisions ofThe State and Local Government Revenue Bond Act, as amended, the Bond being more fully $310,000 Water and Sewer System Revenue Bond, Series 2023, No. R-1, dated October 17,2023, bearing interest at the rate of2.375% per annum, payable on June 1, 2024, and "Commission"), DO HEREBY CERTIFY: September 21, 2022. described as follows: annually thereafter on June 1, and maturing annually June 1: Year of Maturity 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Principal Amount $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $6,000 $6,000 $6,000 $6,000 $6,000 $6,000 Year of Maturity 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 Principal Amount $8,000 $8,000 $8,000 $8,000 $8,000 $9,000 $9,000 $9,000 $9,000 $9,000 $10,000 $10,000 $10,000 Year of Maturity 2037 2038 2039 2040 2041 2042 2043 Principal Amount $6,000 $7,000 $7,000 $7,000 $7,000 $7,000 $7,000 Year of Maturity 2057 2058 2059 2060 2061 2062 2063 Principal Amount $10,000 $11,000 $11,000 $11,000 $11,000 $11,000 $11,000 registered as to both principal and interest to the United States of America, United States Department of Agriculture, Rural Development, payable in legal tender to the registered 3. That approval of the Bond was given by a resolution adopted by the Commission on October 4. That, pursuant to authority conferred by resolution of the Commission, I have awarded the Bond to the United States of America, United States Department of Agriculture, Rural Development at a private, negotiated sale and at the purchase price of $310,000, the bid oft the United States of America, United States Department of Agriculture, Rural Development, at true copy of which is attached hereto and 5. That the capital projects for which the Bonds are authorized are of the class set forth in the North Carolina Administrative Code, Title 20, Department of State Treasurer, Chapter 3, Local Government Commission, Section .0305, as amended, paragraph (a)5(A) and have a maximum 6. That no request or application for the review of any orders or resolutions adopted or other proceedings taken by the Commission or the Executive Committee thereof with respect to the Bonds has been filed with the Commission or the Executive Committee, and no objection to the award of the Bonds owner to its designated fiscal agent. 4, 2022, at true copy ofwhichi is attached hereto and marked' "EXHIBIT. A." marked' "EXHIBIT B,"beingi in the best interest oft the Town. period of usefulness of 40 years from October 17, 2023. has been made to the Commission or the Executive Committee. 7. That no litigation concerning the action of the Commission, or the Executive Committee 8. That thei facts stated in this Certificate are: set forth in the official records of the Commission. WITNESS my hand at Raleigh, North Carolina this 17th day ofOctober, 2023. thereof, in approving or selling the Bonds is pending or threatened sO far as we are aware. Sharon G. Edmundson, Secretary Local Government Commission Town of PRINCETON 7 Donald B. Rains Mayor Est 1873 Michael King Town Administrator October 2, 2023 Memo Reference: Bond Resolution Adoption Subject: RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A WATER AND SEWER SYSTEM REVENUE BOND, SERIES 2023, OF THE TOWN OF PRINCETON, NORTH CAROLINA IN THE PRINCIPAL AMOUNT OF $310,000 Board, This should be adopted sO that we may receive funding from reimbursement from USDA in the amount of $310,000. This is part of the closing process with USDA to pay off the July 30, 2022 loan from KS Bank. Thank You, Michael King Town Administrator "Peaceful, Pleasant, Progressive, and Proud" Town of Princetoni is an Equal Opportunity Provider andEmployer wwaerrsctonscon 503 Dr. Donrie H. lones, Jr. Blvd West, Princeton, NC27569 Officer (919/936-8171 Fax: (9191936-2842 Office Hours: M-FSAM-SPM BOARD OF COMMISSIONERS TOWN OF PRINCETON, NORTH CAROLINA OF' THE Extracts from Minutes of Meeting on October 2, 2023 Present: Commissioners: Absent: Mayor Donald B. Rains presiding, and The following resolution was discussed and its title was read: RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A WATER AND SEWER SYSTEM REVENUE BOND, SERIES 2023, OF THE TOWN OF PRINCETON, NORTH CAROLINA IN' THE PRINCIPAL. AMOUNT OF $310,000 WHEREAS, the Town of Princeton, North Carolina (the "Town") acting by and through its Board of Commissioner (the "Board"), is authorized by The State and Local Government Revenue Bond Act of North Carolina, NCGS $ 159-80 to issue revenue bonds and notes (the "Act"); and WHEREAS the Board adopted on January 16, 2012, a bond order entitled "BOND ORDER OF THE TOWN OF PRINCETON, NORTH CAROLINA AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS TO PROVIDE FUNDS TOCONSTRUCT IMPROVEMENTS TO ITS WATER AND SEWER SYSTEM INCLUDING EXTENSIONS TO EXISTING WATER AND SEWER LINES; PROVIDING FOR THE ISSUANCE OF ADDITIONAL REVENUE BONDS FOR VARIOUS PURPOSES; PROVIDING FOR THE ISSUANCE OF REVENUE BOND ANTICIPATION NOTES IN ANTICIPATE OF THE ISSUANCE OF REVENUE BONDS; PROVIDING FOR THE CREATION OF CERTAIN SPECIAL FUNDS; PLEDGING TO THE PAYMENT OF THE PRINCIPAL OF AND' THE INTEREST ON THE REVENUE BONDS AND NOTES CERTAIN REVENUES OF THE WATER AND SEWER SYSTEM; SETTING FORTH THE RIGHTS AND REMEDIES OF HOLDERS; AND SETTING FORTH THE DETAILS OF CERTAIN RELATED MATTERS (the "Bond Order"); and WHEREAS, the Board desires to provide for the issuance of $310,000 Water and Sewer System Revenue Bond, Series 2023 (the "2023 Bond") and to refund $310,000 Water and Sewer Revenue Bond Anticipation Notes previously issued pursuant to such Bond Order; NOW,THEREFORE, the Board of Commissioners for the Town of Princeton, meeting ins session in Princeton, North Carolina, on October 2, 2023, does the following: BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR THE TOWN OF PRINCETON: 1. The Board has determined and does hereby find and declare as follows: (a) The Bond Order authorizes the issuance from time to time of water and sewer system revenue bonds of the Town. (b) Pursuant to the terms of the Bond Order, the Board adopted on October 3, 2022, a Series Resolution pursuant to which there is currently outstanding a $310,000 Water and Sewer System Revenue Bond Anticipation Notes, Series 2022 dated October 20, 2022, maturing October 20, 2023, and bearing interest at the rate of 3.50% per annum, which note was issued in anticipation of the receipt of the proceeds of the sale of a like amount of bonds. (c) Iti is necessary to issue at this time as an additional bond under the terms of the Bond Order the 2023 Bond and apply the proceeds thereof, together with other moneys of the' Town, to the payment of the outstanding note at its maturity. 2 (d) The maximum period of usefulness of the water and sewer system improvements to be provided with the proceeds of the 2023 Bond is estimated as a period of forty (40) years from October 17, 2023, the anticipated date of issuance of such Bond, and such period expires on October 17,2063. 2. Pursuant to the Bond Order, there shall be issued as an additional bond the 2023 Bond in aj principal amount equal to $310,000. The 2023 Bond shall be issued as a single registered bond of the Town in the denomination of $310,000, numbered R-1, designated "Water and Sewer System Revenue Bond, Series 2023," dated as of the date of delivery thereof, and maturing in annual installments on the first day of June in the following years and in the following amounts: Year of Maturity 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 Principal Amount $5,000 5,000 5,000 5,000 5,000 5,000 5,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 7,000 7,000 7,000 7,000 7,000 7,000 Year of Maturity 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 Principal Amount $8,000 8,000 8,000 8,000 8,000 9,000 9,000 9,000 9,000 9,000 10,000 10,000 10,000 10,000 11,000 11,000 11,000 11,000 11,000 11,000 3 and bearing interest on the unpaid part of such principal at a rate of 2.375% per annum until payment thereof, such interest to be payable on June 1, 2024, and annually thereafter on the first day of June of each year until paid. 3. The 2023 Bond shall be sold to the United States of America, United States Department of Agriculture Rural Development ("USDA"), by private sale in accordance with Sections 8 and 9 hereof. The 2023 Bond shall not be defeased without written consent of USDA during such time as USDA shall remain the registered owner of the 2023 Bond. The 2023 Bond shall bear interest from the interest payment date next preceding the date on which the 2023 Bond is authenticated unless it is (a) authenticated upon an interest payment date in which event it shall bear interest from such interest payment date or (b) authenticated prior to the first interest payment date in which event it shall bear interest from its date; provided, however, that if at the time of authentication interest is in default, the 2023 Bond shall beari interest from the date to which interest has been paid. The principal of and the interest and any redemption premium on the 2023 Bond shall be payable in any coin or currency of the United States of America which is legal tender for the payment of public and private debts on the respective dates of payment thereof. Payment of interest on the 2023 Bond shall be made by the Bond Registrar (hereinafter defined) on each interest payment date to the person appearing on the registration books of the Town hereinafter provided for as the registered owner of such Bond (or the previous bond or bonds evidencing the same debt as that evidenced by such bond) at the close of business on the record date for such interest, which shall be the 15th day (whether or not a business day) of the calendar month next preceding such interest payment date. During the time that USDA is the registered owner of the 2023 Bond, payment of the installments of principal and interest when due and 4 payable on such Bond shall be made at the office of such fiscal agent as USDA shall designate without presentation or surrender thereof and, during any such time an assignee thereof is the registered owner ofs such Bond, payment oft the installments of principal when due and payable on such Bond shall be made at the corporate trust office of the Trustee (as defined in the Bond Order or a series resolution), upon the presentation and surrender thereof, and payment of the interest when due and payable on such Bond shall be made by check mailed to: such assignee at his address as it appears on the bond registration books of the Town hereinafter mentioned without the presentation or surrender thereof 4. As long as USDA is the registered owner of the 2023 Bond, the 2023 Bond may be redeemed, at the option of the Town, at any time prior to the maturity of any installment of the principal thereof, either in whole or in part in the inverse order of the maturity dates of the installments of principal, from any moneys that may be made available for such purpose, at the aggregate principal amount of the installments of principal to be redeemed, together with the interest accrued thereon to the date fixed for redemption, but without any premium. During any time an assignee of USDA is the owner of the 2023 Bond, the principal installments of such Bond payable on and after June 1,2 2034, may be redeemed in whole or in part on or after June 1,2 2033, from any moneys that may be made available for such purpose, at the aggregate principal amount of the installments of principal to be redeemed, together with the interest accrued thereon to the date fixed for redemption, but without any premium. Inc case ofar redemption of all or any part oft the 2023 Bond, a notice of redemption shall be sent by registered mail, mailed at least forty (40) days prior to the date fixed for redemption, addressed (a) during the time that USDA is the owner of such Bond, to the Finance Office, Rural Development, United States Department of Agriculture, 1530 Market Street, St. Louis, Missouri, 5 63103, or to such other address as USDA may designate by registered or certified mail forwarded to the Town at least fifty (50) days prior to any redemption date, and (b) during any time an assignee of USDA is the owner of the 2023 Bond, to the address as it appears on the registration book of the Town hereinafter mentioned. On the date fixed for redemption, notice having been given in the manner and under the conditions hereinabove provided, the 2023 Bond or part thereof called for redemption shall be due and payable at the redemption price provided therefor, plus accruedi interest to such date. Ifmoneys sufficient to payt the redemption price oft the 2023 Bond or part thereof to be redeemed plus accrued interest thereon to the date fixed for redemption are held at such place as USDA may designate (or, if such Bond shall have been assigned by USDA, at the corporate trust office of the Trustee pursuant to Section 2 hereof) in trust for such purpose, interest on the 2023 Bond or part thereof called for redemption shall cease to accrue, such Bond or part thereof shall cease to be entitled to any benefits or security under this resolution or to be deemed outstanding, and the registered owners of such Bond or part thereof shall have no rights in respect thereof except to receive payment of the redemption price thereof, plus accrued interest to the date of redemption. In the event that an installment of principal of the 2023 Bond shall be redeemed, the Bond Registrar shall direct the registered owner thereof to evidence such redemption by appropriate notation on the schedule attached to such Bond for such purpose. 5. The 2023 Bond, upon surrender thereof at the principal office or corporate trust office of the Bond Registrar, together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for a bond or bonds, having maturities corresponding to the maturities oft the installments of principal of such bond then unpaid, 6 issuable ini fullyregistered form in the denomination ofs1,00oranyimtegal multiple thereofand bearing interest at the same rate. The transfer of the 2023 Bond may be registered by the registered owner thereofonlyupon an execution of an assignment thereof duly executed by such registered owner or his attorney or legal representative. Notice ofs such assignment shall be given promptlybyt the assignor to the Bond Registrar by registered mail, such notice to be in such form as shall be satisfactory to the Bond Registrar, and upon receipt of such notice, such Bond shall be registered as to both principal and interest on such registration books in the name of the assignee named in such notice. The transfer of any bond issued in exchange for the 2023 Bond as provided above may be registered only upon the registration books of the Town upon the surrender thereof to the Bond Registrar together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar. Upon any such registration oftransfer, the Bond Registrar shall authenticate and deliver in exchange for such bond anew bond or bonds, registered in the name of the transferee, of any denomination or denominations authorized by this resolution, in an aggregate principal amount equal to the unredeemed principal amount of such bond SO surrendered, of the same maturity and bearing interest at the same rate. In all cases in which the 2023 Bond shall be exchanged or the transfer of such Bond shall be registered hereunder and a new bond or bonds are to be delivered in exchange therefor, the Bond Registrar shall authenticate and deliver at the earliest practicable time bonds in accordance with the provisions of this Resolution. All bonds surrendered in any such exchange or registration of transfer shall forthwith be canceled by the Bond Registrar. The Bond Registrar shall not be required to make any such exchange or registration of transfer of (a) any bond during a period 7 beginning at the opening of business fifteen (15) days before the day of the mailing of a notice of redemption of bonds or any portion thereof and ending at the close of business on the day of such mailing or (b) any bond called for redemption in whole or in part pursuant to Section 3 of this resolution. As to any bond, the person in whose name the same shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal or redemption price of any such bond and the interest on any such bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such bond, including the redemption premium, if any, and interest thereon, to the extent of the sum or sums sO paid. The Town shall appoint suchi registrars, transfer agents, depositaries or other agents as may ber necessary for the registration, registration oft transfer and exchange oft bonds within a reasonable time according to then current commercial standards and for the timely payment of installments of principal and interest with respect to the 2023 Bond. The Finance Officer of the Town is hereby appointed the registrar, transfer agent and paying agent (the "Bond Registrar") for the 2023 Bond, subject to the right of the governing body of the Town to appoint another Bond Registrar, and as such shall keep at his office the books of the Town for the registration, registration of transfer, exchange and payment of the 2023 Bond as provided in this resolution; provided, however, that, in the event that the bond registered in the name of USDA is assigned, the paying agent with respect to such bond shall be the' Trustee. 8 6. The 2023 Bond shall bear the manual or facsimile signatures of the Mayor and the Town Clerk of the Town, and the official seal or a facsimile of the official seal of the Town shall bei impressed or imprinted, as the case may be, on the 2023 Bond. The certificate of the Local Government Commission of North Carolina to be endorsed on the 2023. Bond shall bear the manual or facsimile signature of the Secretary of the Commission (or designated assistant), and the certificate of authentication of the Bond Registrar tol be endorsed on the bonds shall be executed as provided hereinafter. In case any officer of the Town or the Local Government Commission of North Carolina whose manual or facsimile signature shall appear on the 2023 Bond shall cease to be such officer before the delivery of such Bond, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if! hel had remained in office until such delivery, and the 2023 Bond may bear the manual or facsimile signatures of such persons as at the actual time of the execution of such Bond shall be the proper officers to sign such Bond although at the date of such bond such persons may not have been such officers. No bond shall be valid or become obligatory for any purpose or be entitled to any benefit or security under this resolution until it shall have been manually authenticated by the execution by the Bond Registrar of the certificate of authentication endorsed thereon. The 2023 Bond and the endorsements thereon shall be in the forms attached hereto as Exhibit A. 7. The Town covenants that, to the extent permitted by the Constitution and laws of the State of North Carolina, it will comply with the requirements of the Internal Revenue Code of 1986, as amended or as may be amended from time to time (the "Code"), and any Treasury regulations now orl hereafter promulgated thereunder, to the extent necessary sO that interest on the 9 2023 Bond will not be included in gross income of the owners of the 2023 Bond for purposes of federal income tax. 8. The Town hereby represents that it reasonably expects that it, all subordinate entities thereof and all entities issuing obligations on behalf of the Town will not issue in the aggregate more than $10,000,000 of tax-exempt obligations (not counting private-activity bonds except for qualified5 501(c)(3)bonds: as defined in the Code)during calendar year 2023. In addition, the Town hereby designates the 2023 Bond to be a "qualified tax-exempt obligation" for the purposes of the Code. 9. The Local Government Commission of North Carolina is hereby requested to sell the 2023 Bond at private sale pursuant to. G.S. 159-123 to USDA, subject to the approval of the Mayor of the Town; provided, however, that the purchase price of the 2023 Bond is at least $310,000 plus 100% of accrued interest, ifany, and that the maximum interest rate does not exceed 2.375% per annum. The Mayor of the Town is hereby authorized to approve the purchase price of the 2023 Bond and the rate of interest on the 2023 Bond in connection with the private sale of the 2023 Bond, subject to the provisions of Section 8 oft this resolution. 10. This resolution shall take effect upon its passage. 10 Upon motion of Commissioner seconded by Commissioner the forgaingreolutomemilea" "RESOLUTION AUTHORIZINGTHE: ISSUANCE/ ANDSALEOF A WATER AND SEWER SYSTEM REVENUE BOND, SERIES 2023, OF THE TOWN OF PRINCETON, NORTH CAROLINA IN THE AGGREGATE PRINCIPAL AMOUNT OF $310,000" was passed by the following vote: Ayes: Nays: I, April Williamson, Clerk to the Town of Princeton, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and complete copy of sO much of the proceedings of the Board of Commissioners for the Town at a meeting duly called and held October 2, 2023, as it relates in any way to the bond order and resolution hereinabove set forth, and that the proceedings are recorded in Minute Book No. of the minutes of the Board. IDOHEREBY FURTHER CERTIFY that due notice ofs such meeting, stating its time and place and the subjects to be considered, was (1) given to the Mayor and each other member of the Board of Commissioners and posted on the door of the Town Hall at least 48 hours prior to the meeting, and (2) mailed or delivered as required by G.S. $ 143-318.12 WITNESS my hand and the common seal of the Town, this, day of October, 2023. Clerk, Town of Princeton (SEAL) 11 EXHIBIT A FORMOF SERIES 2023 Bond No. R-1 $310,000 REGISTERED BOND WITHOUT COUPONS (Registered as to both principal and interest) United States of America State of North Carolina Town of Princeton WATER AND SEWER SYSTEM REVENUE BOND, SERIES 2023 The Town of Princeton, North Carolina. a municipal corporation duly organized and validly existing under the laws of the State of North Carolina, is justly indebted and for value received hereby promises to pay to the UNITED STATES OF AMERICA RURAL DEVELOPMENT UNITED STATES DEPARTMENT OF AGRICULTURE orr registered assigns or legal representative the principal sum of THREE HUNDRED TEN THOUSAND DOLLARS in annual installments on the 1st day of June in the following years and amounts: A-1 Year of Maturity 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 Principal Amount $5,000 5,000 5,000 5,000 5,000 5,000 5,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 7,000 7,000 7,000 7,000 7,000 7,000 Year of Maturity 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 Principal Amount $8,000 8,000 8,000 8,000 8,000 9,000 9,000 9,000 9,000 9,000 10,000 10,000 10,000 10,000 11,000 11,000 11,000 11,000 11,000 11,000 and to pay interest from the date hereof on the unpaid part of such principal sum at the rate of 2.375% annum until payment thereof, such interest to be payable on June 1, 2024, and annually thereafter on the first day of June of each year until paid. The interest SO payable on any such interest payment date will be paid to the person in whose name this Bond is registered at the close of business on the record date for such interest, which shall be the 15th day (whether or not a business day) of the calendar month next preceding such interest payment date. Both the principal ofand the interest on this Bond are payable in any coin or currency oft the United States of America which, at the respective date of payment thereof, is legal tender for the payment of public and private debts. A-2 During the time that the United States of America is the registered owner of this Bond, payment of the installments of principal and interest when due and payable on this Bond shall be made at the office of such fiscal agent as the United States of America shall designate without presentation or surrender hereof and, during any such time an assignee hereof is the registered owner of this Bond, payment of the installments of principal when due and payable on this Bond shall be made at the corporate trust office of the Trustee (as defined in the Bond Order or a series resolution), upon the presentation and surrender hereof, and payment of the interest when due and payable on this Bond shall be made by check mailed to such assignee at his address as it appears on the bond registration books of the Town hereinafter mentioned without the presentation or surrenderhereof. Upon receipt of the payments of principal and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar hereinafter mentioned, and the Town shall be fully discharged of its obligation on this Bond to the extent of the payment sO made. Upon final payment this Bond shall be surrendered to the Bond Registrar for cancellation. This Bond is issued pursuant to and in accordance with Article 5 of Chapter 159 of the General Statutes of North Carolina, as amended, a bond order adopted by the Board of Commissioner (the "Board") for the Town of Princeton, North Carolina (the "Town") on January 26, 2012 (the "Bond Order"), and a series resolution adopted by the Board on October 2, 2023 (the "Series Resolution"). The proceeds of this Bond shall be used to pay a portion of the principal amount oft the' Town's$ $310,000 Water and Sewer System Revenue Bond Anticipation Note, Series 2022, dated October 20, 2022, maturing October 20, 2023. This Bond is a special obligation of the Town payable solely from the Net Revenues (as defined in the Bond Order). Neither the credit nor the taxing power of the Town is pledged for the payment of this Bond and no holder of this Bond has the right to compel the exercise of the taxing A-3 power by the Town or the forfeiture of any of the Town's property in connection with any default thereon, and the Town is not obligated to pay the principal of or interest on this Bond except from Net Revenues. Reference is hereby made to the Bond Order and the Series Resolution and to all amendments and supplements thereto for a description of the provisions, among others, respecting the nature and extent of the security, the rights, duties and obligations of the Town, the rights of the holder of this Bond and the terms upon which this Bond is issued and secured. At the office of the Bond Registrar, in the manner and subject to the conditions provided in the Series Resolution, this Bond may be exchanged for an equal aggregate principal amount of bonds having maturities corresponding to the maturities of the installments of principal of this Bond then unpaid, issuable in fully registered form in the denomination of $1,000 or any integral multiple thereof and bearing interest at the same rate. This Bond is registered as to both principal and interest in the name of the United States of America on registration books of the Town kept by the Finance Officer of the Town, as Bond Registrar, and the transfer hereof may hereafter be registered by the registered owner hereof only upon an execution of an assignment hereon duly executed by such registered owner or his attorney or legal representative. Notice of such assignment shall be given promptly by the assignor to the Bond Registrar by registered mail, such notice to be in such form as shall be satisfactory to the Bond Registrar, and upon receipt of such notice this Bond shall be registered as to both principal and interest on such registration books in the name of the assignee named in such notice. As long as USDA is the registered owner of the Bond, this Bond may be redeemed, at the option of the Town, at any time prior to the maturity of any installment of the principal thereof, either in whole or in part in the inverse order of the maturity dates of the installments of principal, from any moneys that may be made available for such purpose, at the aggregate principal amount A-4 of the installments of principal to be redeemed, together with the interest accrued thereon to the date fixed for redemption, but without any premium. During any time an owner other than USDA ist the ownerofthis! Bond, the principalinstallments: oft the Bond payable on and after. June 1,2034, may be redeemed in whole ori inj part on or after. June 1, 2033, from any moneys that may be made available for such purpose, at the aggregate principal amount oft the installments of principal to be redeemed, together with the interest accrued thereon to the date fixed for redemption, but without any premium. On the date designated for redemption, notice having been given and moneys for payment of the redemption price being held in trust for such purpose, all as provided in the Series Resolution, this Bond or part hereof shall become and be due and payable, and the interest on this Bond or part hereof sO redeemed shall cease to accrue. The Bond Registrar shall not be required to exchange or register any transfer of (a) any bond during a period beginning at the opening of business fifteen (15) days before the day of the mailing of a notice of redemption of such bond or any portion thereof and ending at the close of business on the day of such mailing or (b) any bond called for redemption in whole or in part pursuant to the Series Resolution. Itis is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of North Carolina to happen, exist and be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in regular and due form and time as sO required. IN WITNESS WHEREOF, the Town of Princeton, North Carolina, by resolution duly passed by its Board of Commissioner, has caused this Bond to be manually signed by the Mayor A-5 and the Clerk to the Board of Commissioner and its official seal to be impressed hereon, all as of the 17th day of October, 2023. Mayor Clerk [SEAL] A-6 CERTIFICATE OFI LOCAL GOVERNMENT COMMISSION The issuance of the within Bond has been approved under the provisions of The Local Government Finance Act of North Carolina. Sharon Edmondson, Secretary of the Local Government Commission By: Designated Assistant A-7 CERTIFICATE OF AUTHENTICATION This Bond is issued under the provisions of the within-mentioned Series Resolution. Finance Officer of the Town of Princeton, North Carolina, as Bond Registrar Bond Registrar Date of Authentication: October 17, 2023 A-8 ASSIGNMENT FOR VALUE RECEIVED the undersigned registered owner thereof hereby sells, assigns and transfers unto the within Bond and all rights thereunder and hereby irrevocably constitutes and appoints attorney to register the transfer of the Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: In the presence of: NOTICE: The signature must be guaranteed The signature to this assignment must by an institution which is a participant in the correspond with the name as it appears on the Securities Transfer Agent Medallion Program face of the within Bond in every particular, (STAMP) or similar program. without alteration of enlargement or any change whatever. A-9 8 Town of PRINCETON Donald B. Rains Mayor October 2, 2023 To: Town of Princeton Board From: TAI King Est 1873 Michael King Town Administrator Holt's Pond Rd. Sewer Ext. Project Proposal from TRC TRC has submitted to the Town of Princeton a proposal for professional services for the Holt's Pond Iwould recommend the board approve the town administrator to sign the proposal on behalf of the Town of Princeton, but not until we receive the contract for funding from DEQ, that is signed and Rd. sewer line extension. The board needs to approve this proposal. returned. (Which has already been approved) This project cost on behalf of TRC breaks down as follows: Engineering Report $10,000 Surveying and Easement $15,000 Engineering Design $18,000 Permitting $5,000 Grant Administration $6,000 Construction Services (T&M)$6,000 TOTALE $60,000 REMINDER: This is funding from DEQ that was approved at the September 11, 2023 meeting. Thank You, L Michael King, Town Administrator "Peaceful, Pleasant, Progressive, and Proud" Town of Princeton is ant Equal Opporturity Provicer and Employer wApPIrSoIse 503 Dr. Donnie H. Jones, Jr. Blvd West, Princeton, NC27569 Office: (919/936-8171 Fax: (9191936-2842 Office Hours: M- -F8AM-5PM TRC September 22, 2023 Mr. Don Rains, Mayor Town of Princeton 503 Dr. Donnie H. Jones Blvd W Princeton, NC 27569 114 Edinburgh 5. Drive, Ste. 200 T919.827.0864 Cary. NC: 27511 TRCcompanies.com RE: Proposal for Professional Services Holts Pond Road Sewer Extension Princeton, NC Dear Mayor Rains: On behalf of TRC, thank you for the opportunity to present our proposal to the Town of Princeton for professional engineering services for the Town'sHolts Pond Road Sewer Extension Project. I. PROJECT DESCRIPTION The Town of Princeton currently has two specific residences that are experiencing failed septic systems for their sewer services. This project would extend service to these two users, along with at third in the direct vicinity. The sewage would be collected into a small grinder pump station to be located behind the potential customer's properties and transferred via force main to the Town's existing gravity sewer system approximately 750 LF from the proposed pump station site. This project would provide much needed sewer service to disadvantaged customers with failing septic systems. A gravity sewer extension to these customers would not be possible given the existing gravity sewer depth and minimum slope requirements. The Town will own and operate the proposed pump station and force main once installed. II. SCOPE OF SERVICES Services to be provided by TRC under this task order will include the following: Task A. Engineering Report This task will include the development of an engineering report per NC DEQ SRF requirements. These will generally include background information for the project, an analysis of alternatives, and a recommendation on how to proceed with design and construction. Mayor Don Rains Holts Pond Road Lift Station September 22, 2023, Page 20 of5 Task B. Surveying and Easement This task will include the site boundary and topographic survey for the proposed pump station site, along with any survey needed for the proposed force main. The survey will include the drafting of a Minor Subdivision Plat of the subject parcel, including the proposed force main utility easement, for use by the Town Attorney in recording the appropriate deeds. Task C. Engineering Design Subtask CIPansandadfication: This subtask includes the development of engineering plans and specifications to submit to NC Department of Environmental Quality (DEQ) and other applicable agencies for review and approval. Plans will include drawings of all required plans, profles, sections, and details. Planswill be developedi inaccordancewitha applicable local, State, and Federal standards. Temporary sediment and erosion control measures willl be designed, and appropriate details will be provided. Traffic Control plans will be designed for work within the public rights of way. The final design package will include bid-ready documents formatted in a manner that will allow general contractors to price thework.Acomplete projectmanual will be generated toi include the appropriate technical specifications and contract documents. The contract documents will be assembled using standard EJCDC Funding Agency edition secitions and any additional contract special conditions required by the NCDEQ- SRF section (funding agency). TRC will assist in the development of an advertisement for bids, as well as communication with NC DEQ and NCDOT on behalf of the Town. Following regulatory approvals, the plans and project manual will be finalized and compiled into a construction documents package. Subtask C2BidServices TRC will submit the construction documents to the appropriate online plan rooms and oversee a prebid meeting with potential bidders, respond to contractorsubcontactor questions and requests for information as it relates to the design in the form of Addenda. Upon request, TRC will receive the bids and conduct a bid opening. After bid openings, TRC will review the bids received for conformance with the contract documents, provide a certified bid tabulation, verify references, and make recommendation of award to the Town's Board. Following approval by the Town, TRCwill notifythep prospective Mmerofnetidofheintent to award and theni issue a Notice to Proceed (NTP). Mayor Don Rains Holts Pond Road Lift Station September 22, 2023, Page: 3 of5 Task D. Permitting submittals will include: This task will include permitting necessary to conduct the scope of the project. Permit Encroachment Agreements- - NCI Department of Transportation (DOT) E&S Control Plan Approval -i NCDEQ LQS (ifr required) oradditional environmental permitting requested by the: state of North Carolina. Task E. Grant Administration This task will include contract and grant administration as required by ARPA funding. Direction will bet taken from the NC DEQregarding any forms, documents, etc. which need tol be completed! ina additiontowhatv would bet typical in design, i.e., typical bid documents. Task F. Construction Services Subtask F.1 ConsinctionAdminstation This task will include dunngpos-construction work, including coordination with the selected contractor, administering monthly progress meetings, reviewing payment applications and shop drawings, change orders, field orders, attendinga project close-out meeting, and providing record drawings based on redline markups provided by the contractor once construction is completed. Near completion of the project, TRC will conduct a walkthrough in the presence of the Townand contractor for the purposes ofcompiling: jap punch list detailing remaining work to be completed prior to project closeout. Once punch list items have been addressed by the contractor, TRC will conduct a final site visit and conduct final project closeout meeting with the Town and the contractor. Fees associated with this item assumes a construction contract timeline of 6 months. Subtask F.2 Construction Observation General construction observation will be provided during construction. A representative from TRC will observe periodiçally and document the construction progress as needed while the work is completed by the selected contractor. The construction observer will relayanyi issues that arise during the construction period ton mitigate problems should they occur. Fees for this task assumes a construction contract timeline of 3 months and at total of! 50 observation hours for the project. Mayor Don Rains Holts Pond Road Lift Station September 22, 2023, Page 4 of5 III. SCHEDULE TRC is prepared to commence with the above-described services immediately upon receipt of Authorization to Proceed (ATP). A detailed schedule of milestones and deliverables will be developed in conjunction with the Town of Princeton upon receipt of the ATP. IV. DELIVERABLES TRC will provide the following deliverables, all in electronic format: Engineering Plans and Project Manual including Bid, Contract and Technical Permits required to proceed with construction listed above Certified Bid Tabulation and Recommendation of Award Record Drawings following completion of construction Specifications (Construction Documents) V. FEES The proposed fees for the above-described services are on a Lump Sum basis with the exception ofTask F- Construction Services, which will be on a Time and Materials (T&M) basis. If 70% of budgetary estimate below is reached, the Town will be notified of project progress to evaluate remaining fee. Fees will be billed monthly based on our efforts completed at the close of the respective billing period. We will provide a monthly written progress report outlining the status of the project, outstanding issues, items needed, further coordination, or other items of interest to keep the project team informed of progress toward completion. Task. A - Engineering Report Task B - Surveying and Easement. Task C- Engineering Design. Task D- Permitting Task E - Grant Administration Task F- - Construction Services (T&M) TOTAL. VI. CONTRACT TERMS AND PROVISIONS $10,000.00 $15,000.00 $18,000.00 $5,000.00 $6,000.00 $6,000.00 $60.000.00 All authorized services will be provided in accordance with our current Standard Terms and Conditions attached. VII. ASSUMPTIONS, /LIMITATIONS This proposal is based on the following assumptions: Services not included within this fee proposal but that can be provided as an additional service upon written authorization, include the following: Structural Engineering, Phasel Mayor Don Rains Holts Pond Road Lift Station September 22, 2023, Page! 5 of5 or Phase II Environmental Assessments, Wetland Deineations/Permiting and Design for this project is intended to include the scope which was approved in the DEQ funding application. If additional design is requested to upsize the pump station or for other considerations, an additional change order or fee proposal may be required. Geotechnical Engineering. Fees are not stand-alone fees. Fees are contingent on no exhaustive efforts beyond whati is assumed as normal reviewing agencies sewer rehabilitation requirements. Railroad Occupancy or Encroachment Agreements are not included. Our fees do notinclude payment of any applicable review fees by permitting agencies having. jurisdiction. Our fees also do not include payment of any stream or wetland disturbance credits, nutrient offsets, or other fees not explicitlystated Additional services, if required, will be provided by TRC on an hourly basis ora negotiated lump sum fee. Awritten scope of services and fee proposal will be submitted to the Town of Princeton for review and consideration prior to commencement of any The parties agree that the proposed scope of services may change based on meetings and consultation with the Town of Princeton or others. The parties agree that should the scope of services change, TRC will provide the Town of Princeton with a revised proposal or an addendum to this agreement for any such changes and associated costs to be paid Reimbursable/direct expenses such as copying, printing, mileage, and mailing are herein. requested additional services. by the Town of Princeton included in the above fees. Hard copies of deliverables can be provided upon request. On behalf of TRC, thank you for giving us the opportunity to provide our proposal for professional engineering services. Ifthis proposal meets with your approval, please sign the Authorization to Proceed and return it to us. Please keep a copy of the proposal fory your records. We look forward to working with you on this project. Please do not hesitate to contact us if you have any questions or require any additional information. Sincerely, TRC Engineering, Inc. a bre Ethan Gartin, PE Project Manager Attachments: CAf Regional Growth Leader TRC Professional Services Agreement for a Single Project PROFESSIONAL SERVIÇES AGREEMENT for a SINGLE PROJEÇT This Professional Services Agreement for a Single Project ("Agreement") is made as of September 20, 2023 ("Effective Date") by and between the Town ofPrinceton, a mucipal goverment formed under the laws oft the State ofNorth Carolina and having offices at 503 Dr Donnie H. Jones Jrl Blvd W, Princeton, NÇ 27569 ("Client"), and' TRC Engineers, Inc., a company formed under the laws oft the State ofNew. Jersey and having offices at 114 Edinburgh South Drive, Suite 200, Cary, North Carolina 27511 ("TRC"). Sometimes herein Client and TRC are referred to individually as a "Party" and collectively as the Whereas, Client desires to contract with TRC to provide professional services on ai nonexclusive basis; and Whereas, TRCi is willing to provide professional services on a nonexclusive basis; and Now' Therefore, thel Parties understand, acknowledge, and agreet thatt this Agreement will establish thet terms and conditions for certain Work specifically identified herein to be performed by' TRC. "Parties." CONSPICUOUS, AND FAIR: NOTICE EACH PARTY REPRESENTS TO THE OTHER THAT (I) IT HAS CONSULTED AN ATTORNEY CONCERNING THIS AGREEMENT OR, IF IT HAS NOT CONSULTED AN ATTORNEY, IT WAS PROVIDED THE OPPORTUNITY AND HAD THE ABILITY TODOSO, BUT MADE ANI INFORMED DECISIONI NOTTODOSO, AND (2) ITFULLY UNDERSTANDS ARTICLE1. WORK, AGREEMENT DOCUMENTS AND PROJECT INFORMATION I.1 Work. TRC will perform the consulting, engineering, and/or other professional services, as set 1.2 Agreement Documents. TRC will perform the Work in accordance with the terms, provisions, conditions, and specifications set forth in the following documents, all ofwhich are incorporated herein by this referençe, and which together form the. Agreement Documents: (a) This Agreement, any purchase order issued by Client incorporating this Agreement, any (b) ExhibitA-Projert: Information, Scope of Work, Contract Price, and Contract Time; and 1.3 Interpretation. In the event of any conflict or inconsistency between or among any of the Agreement Documents, the order of precedence is as stated above unless expressly stated otherwise herein. In the event of any conflict or inconsistency between or among the terms or conditions established in a Change Order or amendment and the Agreement, terms ofs such Change Order or 1.4 Defined Terms. Some capitalized terms usedi in the Agreement are defined in Exhibit A. Anyt term defined in Exhibit A will have thes same meaning throughout the Agreement, and any term defined ITS RIGHTS. AND OBLIGATIONS UNDER THIS. AGREEMENT. forth in detail inj Exhibit A (the "Work"). fully executed amendments, and/or Change Orders; (c) Exhibit B- - Rates and Billing Terms. amendment will take precedence over those of the Agreement. int the Agreement will have the same meaning in any exhibit. ARTICLE2. COMPENSATION Page 1of13 C-01 ver. 2019.10.29 2.1 Pricing. TRCwill bill fori its Work on either al lumps sum or time and expensel basis, as set forthi in 2.2 Invoicing. TRC will submit monthly invoices for Workr rendered and expenses incurredi int the prior Exhibit A. month. (a) Time and Expense. Any Work performed on a1 time and expense basis will bei invoicedi in accordance with the Rates and Billing Terms set forth in Exhibit B. Use ofTRC-owned equipment will be billed in accordance with TRC's standard fee schedule. TRC's Work may include reimburseable expenses, including charges incurred for travel, transportation, temporary lodging, meals, telephone calls, fax, postage, courier service, photographic, photocopying, and other fees and costs reasonably incurred in connection with the Work. Unless otherwise stated, the Contract Price does not include any present or future federal, state, or local property, license, privilege, sales, use, excise, gross receipts or other like taxes or assessments which may bes applicable to, measured by, imposed upon, or resulting (b) Lump Sum. IfWork is performed on a lump sum basis, TRC willi invoice on the schedule provided fori in Exhibit B or, ifnoinvoicing: schedule isi included in ExhibitB, on the basis (c) Disputed Invoices. IfClient objects to all or any portion ofs ani invoice, it must notify TRC in writing detailing the: nature oft theo objection within seven (7)days from thec date ofreceipt of thei invoice, and must pay any undisputed portion oft the invoice as provided in Section 2.3 below. The Parties will confer immediately after Client advises ofa dispute and the Parties will make every effort to immediately resolve the disputed portion ofthe invoice. Ifthe Parties fail to reach agreement at the project level on a disputed invoice within thirty (30)days' ofthec dateofthei invoice, either Party has the option ofproceeding in accordance from the performance oft the Work. of percentage of completion of Work. with Article 15, Dispute Resolution. 2.3 Payment Terms. Except as provided in Section 2.2(c) above, Client must pay all invoices via wire 2.4 Failure tol Pay. Interest will accrue on all deliquent payments at the rate of 1.5% per month, or the highest rate permissible under applicable law, whichever is less, starting on the 3!" day after the date ofani invoice. Additionally, ifClient does not pay TRC within forty-five (45) days ofthe date of an invoice, then, upon seven (7) days'. written notice to Client, TRC may suspend performance of the Work and any Deliverables until it receives payment of the amount owing. Additionally, Client will reimburse TRC for all reasonable costs incurred by TRC in collecting any overdue payments and related interest, including, without limitation, reasonable attorneys' fees, other legal 2.5 Records/Audit. TRC will keep complete and accurate records in accordance with generally accepted accounting practices with respect to all amountsi invoiced by TRC under this Agreement. TRCwillk keepsuch records pertaining to eachi invoice fortwo (2)years after the date ofthei invoice. Ifan audit is commenced within such two (2); year period, Client must provide TRC with advance written notice oft the audit, such audit may only be performed during normal business hours, and such audit shall not extend to TRC's overhead, markups, profit/loss information, fixed rates, unit transfer no later than thirty (30) days after the date of thei invoice. costs, court costs, and collection agency fees. prices, prices expressed as percentages, or any trade secrets. ARTICLE3. TIME FORI PERFORMANCE, DELAYS 3.1 Time for Performance. TRC will use commercially reasonable efforts to perform the Work within the Contract Time to the extent consistent with the terms of this Agreement, the Standard of Care defined below, and the orderly progress oft the Work. Page 2of13 C-01 ver. 2019.10.29 3.2 Completion. TRC's Work will be considered complete at the earlier of: () the date when TRC's Deliverables are reasonably accepted by Client; or (ii) thirty (30) days after the date when the last ofTRC's Deliverables are submitted for final acceptance if Client does not notify TRC in writing within such 30-day period that the Deliverables fail to conform to the requirements of the Agreement. ARTICLE4. ADDITIONAL, AND CHANGED WORK, DELAYS 4.1 Work Added or Changed by Client. No changes or additions shall be made to work descriptions ors specifications of Client unless ordered and acknowledged in writing by a properly authorized representative ofClient in writing ("Change Order"). Client shall provide TRC with an equitable adjustment in compensation and time for performance to the extent they are impacted by the additional or changed Work. TRC has no obligation to proceed with changed or additional work until the Parties agree to the time and compensation adjustments associated with that work and a 4.2 Force Majeure Events. No Party will be liable or responsible to the other Party, nor be deemed to have defaulted under this Agreement, for any failure or delay in fulfilling or performing any term ofthis Agreement (except for any obligations to make payments to the other Party hereunder), to the extent such failure or delay is caused by a Force Majeure Event. The term "Force Majeure Event" means any event which: (a) is not within the reasonable çcontrol of the affected Party; and (b) causes the affected Party to be delayed in performance of, or unable to perform, its obligations under this Agreement. Subject to the foregoing, Force Majeure Events include, but are not limited to: drought; fire; flood; extreme weather conditions; earthquake; lightning; epidemic; war (whether declared or undeclared); acts ofterrorism, or damage resulting therefrom; acts ofGod ort thej public enemy; explosion; rebellion; riot; civil disturbance; sabotage; vandalism; actions of third parties; actions ofacourt or other governmental entity; actions of, or failure to act by, regulatory agencies; any change in law applicable to this Agreement; strikes or other concerted acts of workers; accidents in shipping or transportation; and the closing or congestion (beyond reasonably foreseeable levels) in any harbor, dock, port, canal, or other adjunct ofthe shipping or navigation oforw within any place. The Party affected by al Force Majeure Event: (i) must promptly notify the other Party by email; (ii) is relieved from fulfilling its contractual obligations during the continuance oft the Force Majeure Event to the extent the inability to perform is caused by the Force Majeure Event; (iri) as soon as reasonably possible after the Force Majeure, must fulfill or resume fulfilling its obligations hereunder; (iv) must promptly notify the other Party by email of the cessation or partial cessation oft the Force Majeure Event; and (v) will be entitled to equitable compensation and an equitable adjustment of the Contract Time to neutralize the effect of the Force Majeure Event. Within a reasonable time after cessation of the Force Majeure Event, any Party claiming additional time and/or compensation must provide the other Party with supporting information to substantiate its position. Ifthe Parties fail to reach agreement at the project level on an amendment or a Change Order within thirty (30) days' of the submission of supporting information, either Party has the option of proceeding in accordance with Article 15, Dispute 4.3 Impacts to the Work. TRC will be entitled to equitable compensation for, and an equitable adjustment of the Contract Time to the extent impacted by, any additional or changed Work as a result of any actions or circumstances not the fault ofTRC which impact the Work, including, but not limited to: at failure ofClient to perform or cause performance ofits obligations in accordance with the Agreement, including, but not limited to, failure to provide necessary access or Information; failure to provide necessary comments in connection with the development of any Deliverables; interference with or delay of any Work caused by Client, or other party for whom Client is responsible; any error, omission, or ambiguity in Information; changes in site conditions; written Change Order is executed by both Parties. Resolution. Page3of13 C-01 ver. 2019.10.29 and delays in obtaining, or the absence, suspension, termination, or failure of renewal of, any 4.4 TRC Change Order Requests. Whenever TRC discovers an event or a condition has impacted its Work so as to constitute al basis for a change in compensation or schedule, TRC will notify Client by email promptly after discovery of the event or condition, advising Client of the nature of the impact and requesting a Change Order. Within a reasonable time thereafter, TRC will provide Client supporting information to substantiate TRC'sposition. Ifthel Parties fail to reach agreement at the project level on a Change Order request within thirty (30) days' of TRC's submission of supporting information, either Party has the option of proceeding in accordance with Article 15, 4.5 Delays by TRC. If the Work is not progressing in accordance with the project schedule due to TRC's fault, TRC will take appropriate corrective measures at' TRC'se expense, which may include working overtime or adding staff, to the extent the delays are caused by TRC's fault. permit, license, or governmental authorization. Dispute Resolution. ARTICLE5. CLIENT'S RESPONSIBILITIES 5.1 Client Information. Client will fumish to TRC all existing studies, reports, surveys, inspections, Project Site evaluations, data, and other information available or that becomes available to Client and pertinent to TRC's performance of the Work ("Information"), authorize TRC to obtain additional Information as required; and furnish the services of others where necessary for the performance oft the Work. TRC will be entitled to use and rely on the completeness and accuracy 5.2 Access. Where necessary for performance ofthe Work, Client will arrange for TRC access to any 5.3 Subsurface Investigations. Ifthe Work involves subsurface investigation, excavation, or drilling, Client must provide TRC with assistance in locating underground structures or utilities in the vicinity ofany suchactivities. Ifdespite commercially appropriate practices neither Client nor' TRC can confirm the location, Client agrees that TRC is not responsible for any costs associated with, and accepts all liability and costs associated with, the repair, replacement, or restoration of any 5.4 Communication- Client will designate an authorized representative to be responsible for communications and consultation with TRC, and who will have the authority to make decisions ofall such Information. site or property. damage caused by the performance ofthe Work. necessary for TRC to perform its Work. ARTICLE6. TRC'SOBLIGATIONS AND WARRANTY 6.1 Standard of Care. TRC will perform the Work consistent with the professional skill and care ordinarily provided by the same type of professional, for a project of similar size, scope, and complexity during the time which the Work is provided, and in a similar locality, under similar circumstances ("Standard of Care"). Reasonable people may disagree on matters involving professional judgment and, accordingly, a difference of opinion on a question of professional judgment will not excuse Client from paying for Work rendered, or result in liability to TRC. 6.2 Warranty for Materials. In the event TRC procures Materials pursuant to this Agreement, TRC warrants to Client that thel Materials will bei new and fiveofde-fetisinvotmanshipc-Warranty), 6.3 Remedies. IfTRC's Work fails to meet the Standard ofCare ("Nonconforming Work"), orit ifany Materials fail to meet the Warranty ("Defectivel Materials"), and ifClient provides written notice to TRC of such failure no later than one (1) year after completion of the Work ("Correction Page 4of13 C-01 ver. 2019.10.29 Period"), at' TRC'soption TRC will withina a reasonablet time after receipt of written notice: (a)re- perform thel Non-conforming Work; (b) repair or replace the Defective Materials; or (c) refund the amount of compensation paid to TRC fors suchl Non-conforming Work and/or Defective Materials. In no event will TRÇ be required to bear the cost of gaining access in order to perform its 6.4 WarantyLimitation- THESTANDARDOFCARE IS NOT A WARRANTYOR GUARANTEE, AND TRC HAS NO SUCH OBLIGATION, EXPRESS OR IMPLIED, WITH RESPECT TO PROFESSIONAL SERVICES. NOTHING IN THIS AGREEMENT WILL BE INTERPRETED TO REQUIRE TRC TO PERFORM PROFESSIONAL SERVIÇES TO ANY HIGHER STANDARD OR HAVE. ANY OBLIGATION IN" THE PERFORMANCE OF PROFESSIONAL SERVICES IN EXCESS OF WHAT IS REQUIRED BY THE STANDARD OF CARE, AND THIS SECTION WILL CONTROL OVER ANY CONTRARY PROVISION. OTHER THAN THE EXPRESS WARRANTIES CONTAINED HEREIN, TRC DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY ANDI FITNESS FOR APARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN" TRADE. SUBJECTTOTRC'SLIABILITYUNDER: SECTION9.2, CLIENT'S! EXCLUSIVEREMEDES AND' TRÇ'SONLY OBLIGATIONS ARISING OUT OF A CLAIM FOR NONCONFORMING WORK OR DEFECTIVE MATERIALS FOLLOWING SUBSTANTIAL COMPLETION OF 6.5 Licenses. TRC will obtain in TRC's name the known licenses, permits, or other approvals from any governmental agency or regulatory body that are necessary for TRÇ to perfrom the Work. 6.6 Resources. TRC will obtain all tools, equipment, materials, software, and licenses that are 6.7 Employees. TRC will employ, discharge, pay, control, and direct its employees. TRC will employ 6.8 Inspections. If the Work includes inspections during or after construction based upon TRC- prepared drawings or specifications, TRC will, consistent with the Standard of Care, inspect to determine in general ift the construction work conforms to the requirements of the drawings or specifications, but the sole responsibility for compliance with drawings and specifications will be 6.9 Communication. TRC will designate an authorized representative to be responsible for communications and consultation with Client, and who willl have the authority to make decisions necessary for" TRC to perform its Work. TRC will advise Client at regular intervals oft the status of obligations under this Section 6.3. THE WORK WILLI BE THOSE STATED INTHIS ARTICLE6. necessary for TRC to perform the' Work. only skilled professionals for Work requiring special qualifications. with the entity performing the construction. the Work. ARTICLE7. CONFIDENTIALITY 7.1 Confidentiality Agreement. Each Party agrees it will treat as confidential and not disclose Confidential Information to any third parties. The term "Confidential Information" includes: (i) alli information, materials, or products developed pursuant to this Agreement; and (ii) information about al Party's business affairs, employees, finances, services, intellectual property, trade secrets, and other sensitive, marketing or proprietary information, whether orally orin written, electronic, or other form or media. The Party receiving Confidential Information is not permitted to reveal such Confidential Information to any third party without written consent from an authorized representative oft the Party disclosing the Confidential Information. Page 5of13 C-01 ver. 2019.10.29 7.2 Remedy. The Parties agree that the actual or threatened disclosure or use ofany Confidential Information will cause irreparable harm to the disclosing Party, and that the disclosing Party will be entitled, without prejudice or limit to any other remedy, to obtain injunctive reliefto prevent 7.3 Communications with Third Parties. To the extent the Work requires TRC to communicate with any third party including, but not limited to, owners of the Project Site or other locations, former employees, current employees, or government authorities, TRC shall so inform Client. Forall such communications, Client releases TRC from claims ofbreach ofconfidentiality, waiver of such unauthorized use or disclosure. privilege, or otherwise associated with any such communications. ARTICLE8. INSURANCE 8.1 Required Insurance Coverage. TRC will obtain and maintain insurance of the types and amounts set forth herein. The insurance will bei ine effect before Work commences, and will remain in effect until completion of the Work. TRC will require any subcontractors to obtain and maintain coverages appropriate to theirs scope ofwork. TRC will have the following insurance coverage: (a) Worker's Compensation Insurance and Emplover'sLiability Insurance as required by the law oft the state in which the Project is located, but Employer's! Liability coverage will be (c) Automobile Liability Insurance in the amount of $1,000,000 combined single limit per (d) Commercial General Liability Insurance in the amount of $1,000,000 each occurrence, $2,000,000 general aggregate, and $2,000,000 products-completed operations aggregate; (e) Professional Liability Insurance in the amount of $1,000,000 each claim and $2,000,000 8.2 Certificates of Insurance. Prior to commencing Work, TRC will furnish Client with certificate(s) of insurance evidencing compliance with the insurance requirements herein. Renewal certificates will bej provided to Client upon the expiration ofany required insurance policies. No policy will be cancelled or not renewed without thirty (30) days' prior written notice to Client. in the amount of$1,000,000 each accident; accident; and, annual aggregate. ARTICLE9. INDEMNITY 9.1 Definitions. (a) "TRC Group" means TRC and its subcontractors of all tiers, and each of their parent, subsidiary, and affilaiated companies, and all oftheir officers, directors, and employees. (b) "Client Group" means Client andi its parent, subsidiary and affiliated companies, and all (c) "Losses" means any and all damages, costs, or expenses, including, but not limited to, reasonable attorneys' fees, expert fees, and expenses and costs ofl litigation. (d) "Claims" means all third party claims, lawsuits, demands, or actions. oftheir officers, directors, and employees. 9.2 TRC's INDEMNITY OBLIGATIONS. (a) TRC WILLINDEMNIFY AND HOLD HARMLESS CLIENT GROUPFROM, ANYANDALLLOSSES ARISING OUT OF CLAIMS TO THE EXTENT SUCH CLAIMS ARE CAUSED BV TRC'S NEGLIGENT ACTS, ERRORS, OR OMISSIONS IN THE PERFORMANCE OF ITS PROFESSIONAL (b) WITH" THE EXCEPTION OF CLAIMS ARISING UNDER SECTION 9.2(a), TRCWILLI INDEMNIFY AND HOLD HARMLESS CLIENT GROUP FROM LOSSES, AND WILL DEFEND CLIENT GROUP SERVICES UNDER THIS. AGREEMENT. Page6of13 C-01 ver. 2019.10.29 FROM CLAIMS, DUE TOI BODILY INJURY, DISEASE, DEATH, OR PROPERTY DAMAGE TO1 THE EXTENT! SUCHI BODILY INJURY, DSEASE,DEATKL,ORPROPERIYDAMAGEISA CAUSED! BYTHE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF TRC IN THE PERFORMANCE OF ITS 9.3 CLIENT'S INDEMNITY OBLIGATIONS. CLIENT WILL INDEMNIFY AND HOLD HARMLESS TRC GROUP FROM. LOSSES ARISING OUT OF CLAIMS DUE TO BODILY INJURY, DISEASE, DEATH, OR PROPERTY DAMAGE TO THE EXTENT SUCH BODILY INJURY, DISEASE, DEATH, OR PROPERTY DAMAGE IS CAUSED BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF CLIENT IN THE PERPORMANCEOFTHSAGREMENT.ADOITONALIYANOTWITHSTANDING. ANYTHINGTOTHE CONTRARY HEREIN, IN THE EVENT TRCPERFORMS INTRUSIVE GROUND EXPLORATIONS OR INVESTIGATIONS, INCLUDING BUT NOT LIMITED TO, EXCAVATION, DRILLING, BORING, OR PROBING ("SUBSURFACEINVESTIGATION")ASPARTOFT THE WORK, CLIENT WILLI INDEMNIFY TRCGROUPI ROMANDACANSTLOSES RESULTINGFROM, ORA AESINCOTOR,CLANSPON DAMAGES TO SUBSURFACE OR UNDERGROUND UTILITIES OR STRUCTURES, INCLUDING BUT NOT LIMITED TO, GAS, TELEPHONE, ELECTRIC, WATER, OR SEWER UTILITIES, WHOSE LOCATIONS WERE NOTI DESIGNATED OR IDENTIFIEDTOTRCPRIORTOTHE COMMENCEMENT 9.4 RISK OF Loss TO THE WORK. ADDITIONALLY, NOTWITESTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IT IS UNDERSTOOD AND AGREED THAT CLIENT BEARS ALL RISK OF LOSS OF OR DAMAGE TO' THE WORK AND THE FACILITIES WHICH ARE THE SUBJECT OFTHE WORKI INÇLUDING. ALLMATERIALS. ANDI EQUIPMENTTOBE INCORPORATEDTHEREN, AND CLIENT HEREBY RELEASES AND SHALL DEFEND, INDEMNIFY, AND HOLD TRÇ INDEMNITEES HARMLESS FROM ANY SUCH LOSS OR DAMAGE, HOWEVER SUCH LOSS OR 9.5 CONDITIONS PRECEDENT. EACH PARTY AGREES THAT AS A CONDITION PRECEDENT TO ITS OBLIGATIONS TO INDEMNIFY AND HOLD HARMLESS, THE INDEMNIFIED PARTY MUST GIVE PROMPT WRITTEN NOTICE TO THE INDEMNIFYING PARTY OF ANY CLAIM COVERED BY ARTICLES 9 OR 10, OR ANY OTHER INDEMNIFICATION CLAUSE IN THIS AGREEMENT. AS AN ADDITIONAL CONDITION! PRECEDENT,FOR, ANYCLAIMOTHER THANAC CLAIM. ARISING OUT OF TRC'S ALLEGED PROFESSIONAL NEGLIGENCE, THE INDEMNIFIED PARTY MUST ALLOW THE INDEMNIFVING PARTY TO REPRESENT THE INTERESTS OF EVERY INDEMNITEE INI DEFENDING AND SETTLING SUCH CLAIM. IN' THE EVENT ANY INDEMNITEE FAILS OR REFUSES TO' TENDER THE DEFENSE OF ANY SUCH CLAIM TO THE INDEMNIFVING PARTY, SUCH PARTY's DEFENSE, HOLDHARMLESS, ANDI INDEMNTYOBLICATIONS RELATEDTOTHATHATCLAIMWILLBENULLAND 9.6 APPORTIONMENT OF ATTORNEYS' FEES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN,AFTERI RESOLUTION OF A CLAIMI UNDER. ARTICLES9OR 10,ORANY OTHERI PROVISION HEREIN PROVIDING FOR ONE PARTYTO PROVIDE A DEFENSE, IF THE NEGLIGENCE OR OTHER LEGAL FAULT OF ANY INDEMNITEE IS DETERMINED EITHERI BY MUTUAL: AGREEMENT OF THE PARTIES, ORI BYFINAL ADJUDIÇATION,TON,TOHAVEBEEN. A CONTRIBUTING CAUSE OFTHE LOSSES RELATED: TOSUCH CLAIM,THEN: THEI INDEMNIFIED. PARTYA MUST REIMBURSETHE! DEFENDING PARTY FOR THE COSTS, ATTORNEYS FEES, OTHER LEGAL EXPENSES, AND EXPERT FEES EXPENDED FOR DEFENSE IN THE SAME PROPORTION AS THE INDEMNITEES' PROPORTION OF WORK. OFA ANYSUBSURFACE INVESTIGATION. DAMACESHALLOCCUR. VOID. NEGLIGENCE OROTHER LEGALI FAULT. ARTICLE10. HAZARDOUS SUBSTANCES AND POLLUTION 10.1 Pre-existing Conditions. Client and' TRC acknowledge that, prior to the start oft this Agreement, TRC has not generated, handled, stored, treated, transported, disposed of, or in any way taken responsibility for any toxic or hazardous substance, including any contaminated. soils, wastes, or Page 7of13 C-01 ver. 2019.10.29 substances, as defined by law ("Hazardous Substances") at the Project Site. Any Hazardous Substances originating with or generated by Client, or any pre-existing Hazardous Substances which are in, on, under, ormigrating from thel Project Site, orany Hazardous Substances introduced to the Project Site by any party other than TRC Group (collectively, "Non-TRC Hazardous Substances"), shall, as between TRC and Client, remain the sole and exclusive property ofClient, itbeing the intention of the Parties that Client be solely responsible for such Non-TRC Hazardous Substances and shall be regarded as the owner and generator of all such Non-TRC Hazardous 10.2 Hazardous Substances Encountered During the Work: Disposition ofs Samples. Client recognizes that, when it is known, assumed, or suspected that Hazardous Substances exist on or beneath the surface oft the site oft the Work, or within any structure thereon, certain sampling materials such as drill cuttings and drill fluids or asbestos removed for sampling, should bel handled as ifhazardous or contaminated. Accordingly, when TRC encounters Hazardous Substances during performance of the Work, such as when sampling is included in the scope of Work, and when determined by TRC ini its sole and exclusivej judgment to be necessary based on TRC's assessment of the degree of contamination, hazard, and risk, TRC will: promptly inform Client that containerization and labeling will be performed; will appropriately contain and label such materials; and will leave the containers on the Project Site for proper, lawful removal, transport, and disposal by Client. All samples ofsoil, groundwater, waste, rock, or other materials collected from thes site will remain the property of Client and will be returned to Client by TRC within thirty (30) days after submission ofTRC's report, unless applicable law requires the retention or other disposition ofsuch samples. All costs associated with the disposition or retuming ofs samples will be charged to Client. TRC will not sign any hazardous waste manifests orb bills oflading, and all such manifests and generator numbers will bei in the name of, and signed by, Client. Nothing contained in this Agreement will be construed or interpreted as requiring TRC, its officers, agents, servants, or employees to assume the status ofag generator, storer, treater, transporter, disposer ofh hazardous substances, arranger for disposal of hazardous substances, or disposal facility as those terms appear within the Resource Conservation Recovery Act, 42 USCA, Section 6901, et seq. (RCRA), or within any state statute ofsimilar effect governing thet treatment, storage, transportation or disposal ofv waste. 10.3 TRCINDEMNITY FOR HAZARDOUS SUBSTANCES. AND POLLUTION. To THE FULLEST EXTENT PERMITTED BY LAW, TRC SHALL ASSUME ALL RESPONSIBILITY FOR, INCLUDING CONTROL AND REMOVAL OF, AND SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS, ALL MEMBERS OF CLIENT GROUP FROM AND AGAINST ANYI LOSSES ARISING OUTOFORI RELATING TOANYE HAZARDOUS SUBSTANCES BROUGHTTOORI RELEASED. ATTHEI PROECTSITEBYTRC 10.4 CLIENT INDEMNITY FOR HAZARDOUS SUBSTANCES AND POLLUTION. To THE FULLEST EXTENT PERMITTED BY LAW, CLIENT SHALLI RELEASE, DEFEND, INDEMNIFY, AND HOLDTRC GROUP HARMLESS FROM AND AGAINST ANY LOSSES ARISING OUT OF OR RELATING TO THE PRESENCE AT THE PROJECT SITE OF NON-TRC HAZARDOUS SUBSTANCES. CLIENT SHALL ASSUME ALL RESPONSIBILITY FOR, INCLUDING CONTROL AND REMOVAL OF, AND SHALL RELEASE, DEFEND, PROTECT, INDEMNIFY AND HOLD HARMLESS ALL MEMBERS OF TRC GROUP FROM AND AGAINST ANY LOSSES ARISING. OUT OF OR RELATING TO ANY NON-TRC HAZARDOUS SUBSTANCES DISCOVERED AT, BROUGHT TO, OR RELEASED AT THE PROJECT SITE,ORLEFT ONTHE PROJECT SITE AFTER CONTAINERIZATION: BYTRC. Substances for all purposes. GROUP. ARTICLE 11. ALLOCATION OF RISK 11.1 Client's Separate Contractors. The Parties expressly acknowledge and agree that unless otherwise expressly provided for in Exhibit A, during the performance of the Work TRC shall not (a) supervise, direct or control Client's other contractors or subcontractors at any tier; (b) have authority over ori responsibility for the means, methods, techniques or sequences ofwork performed Page 8 of13 C-01 ver. 2019.10.29 bys such other contractors ors subcontractors;(C) be responsible for job site safety or enforcement of federal, state, local or other safety requirements in connection with the work performed by such other contractors or subcontractors; (d) be responsible for inspecting equipment or tools used by such other contractors or subcontractors; (e) be liable for any failure of such other contractors or subcontractors to comply with applicable laws, rules, regulations, ordinances, codes, permit stipulations, or orders; or (f) be liable for the acts or omissions of such other contractors or subcontractors including their failure to perform in accordance with their contractual 11.2 Mutual Waiver of Consequential Damages. Notwithstanding anything to the contrary in this Agreement, TRC and Client waive any and all claims against each other, and under no circumstances shall either Party be liable to the other, for incidental, consequential, special, multiple, and punitive damages arising out of or relating to this Agreement, regardless of whether such damages were foreseeable and whether or not the culpable Party was advised ofthe possibility ofs such damages, and regardless of whether a Party's claim against the other Party is based in contract (including contract termination), indemnity, warranty, tort (including negligence), strict liability or otherwise. This mutual waiver includes, but is not limited to, rental expenses, loss of use, loss of production, loss of income, loss of profit (except profit arising directly from the 11.3 LimitofLiability. To the fullest extent permitted by law, the total liability in the aggregate OfTRC andi its employees, subcontractors, or suppliers to Client and anyone claiming by, through or under Client, on all claims ofany kind arising out of or in any way related to TRC's Work, from any cause or causes whatsoever, including, but not limited to, negligence, errors, omissions, strict liability, indemnity, or breach ofcontract, will not exceed 100 percent(100%) ofthe compensation received by TRCunder this Agreement. All such liability will terminate upon the expiration ofthe Correction Period specified in Section 6.3. THIS SECTION SETS FORTH TRC'S SOLE LIABILITY AND ENTREOBLIGATIONANDCLIENTSEXCLUSIVEREMEDYFOR. ANY responsibilities. Services), loss offinancing, loss ofbusiness, and loss of reputation. ACTION BROUGHT AGAINST TRC. ARTICLE12. DELIVERABLES 12.1 OmmenhipafD-lvenlis All Deliverables are instruments of service in respect of the Project, and, if delivered to Client during the term oft this Agreement, will become the property of Client upon payment therefor. Notwithstanding thet foregoing, Client'sownership: ofthe Deliverables will not include any ownership interest in' TRC's preexisting information including, but not limited to, computer programs, software, patents, patents pending, standard details, templates, figures or specifications, or' TRC'sseal, stamp, or certification. Furthermore, Client understands and agrees that TRCis a developer of computer software and that TRC may use its own proprietary software, as well as others properly licensed to' TRC, int the performance oft the Work, and may develop other proprietary software during the course of performing the Work, which may include preliminary database formats and spreadsheets as well as progammingproedures: and code. Client understands and agrees that all such programs, efforts, and materials are and will be the exclusive property of TRC (and/or third parties). Additionally, except for the Deliverables, all field data and notes, laboratory test data, calculations, estimates, and other documents prepared by TRC will remain the 12.2 UseofDeliverables. Any Deliverable will be prepared solely for use ofClient for this Project. The Deliverables are noti intended or represented tol be suitable to be reused by Client, or used or relied upon by others outside of Client or or on extensions oft the Project or on any other project. In the event Client, its employees, permitted assigns, successors, consultants, or contractors, subsequently reproduces or otherwise uses the Deliverables, or creates a derivative work based upon the Deliverables, unless prohibited by law, Client must remove or completely obliterate the original professional seals, trademarks, logos, and other indications on said Deliverables oft the identity of property ofTRC. Page 9of13 C-01 ver. 2019.10.29 TRC, its employees, and sub-consultants. TRC will be entitled to equitable compensation in connection with documenting any consent for Client ort third parties to rely on thel Deliverables for 12.3 Unauthorized Use of Deliverables. Client is prohibited from providing examples ofTRC's Work to any individual or entity known by, or that reasonably should be known by Client, to bea competitor of TRC for the purpose of reducing or eliminating the Work associated with this Agreement. Furthermore, Client is prohibited from providing any statistical sampling information on assessment issues, including but not limited to statistical sampling information on production rates, remedy rates, numbers ofpole change outs, types of violations, etc., thati is provided to Client by TRC, all of which must be treated by Client as Confidential Information. In the event any Deliverables are utilized or disclosed by Client in any manner outside the scope of, or prohibited by,t this Agreement, TRC reserves the right to notify directly any third party ofthel limitations ofits unauthorized use oft thel Deliverables. Client expressly acknowledges that this reservation by" TRC isn necessary to protect and preserve TRC'sprofessional reputation with respect to its work] product. any purpose other than the purpose for which TRC prepared them. ARTICLE13. SAFETY 13.1 Client's Safety Requirements. Client must inform TRÇ of any written safety procedures and regulations applicable to the Project Site known to Client, as well as any special safety concerns or dangerous conditions at the Project Site. TRC and its employees will adhere to the written safety 13.2 Project Site Safety. TRC commits to providing a safe and healthy work environment for its personnel, and will require the same ofitss subcontractors. TRC shall be responsible for the health and safety ofi its employees and be responsible for its activities, and shall at all times conduct its operations under this Agreement in a manner to avoid risk ofendangerment to1 thel health and safety of persons and property. Unless expressly included in the scope of Work, TRC will not have any responsibility for overall, job safety fort the Project or at thel Project Site. IfTRC determines thati its field personnel are unable to access required locations or perform required Work in conformance with applicable safety standards, TRC may suspend performance until its personnel can safely perform theirwork. TRC will promptly provide Client with written notice ofthel location andi nature oft the unsafe conditions. IfClient fails to provide safe access within a reasonable time, TRC may 13.3 Reporting of Incidents. In the event TRC is involved in any loss, injury, or damage on Client's premises, ori ifsuchi injury, loss or damage involves property, equipment, or personnel ofClient, or ifsuch accident involves any third party in any manner whatsoever while TRC is performing any duties within the scope oft this Agreement, TRC will promptly report such injury, loss, or damage to the attention of Client's designated representative. Ift the matter involves loss of life, serious injury, or substantial property loss or damage, this report will ber made by telephone call, followed immediatelyl bya areporti inv writing sent viae email. Ifthe matteri is ofalesss serious nature, notification may be made bye email or byl letter posted ini regularUnited: States mail. Alli injuries, loss or damage must ber reported. The reporting ofa any such matter will not imply any admission ofl liability on the procedures and regulations provided by Client. terminate or suspend its performance in accordance with Article 14. part ofTRC. ARTICLE14. TERMINATION AND SUSPENSION 14.1 Termination for Default. In the event ofar material breach oft this Agreement by either Party, the nonbreaching Party may give written notice to the breaching Party ofthe nature of the default and demand for cure. Ifthel breaching Party fails to cure or materially commence to cure within ten (10) calendar days from receipt of the default notice, the non-breaching Party may provide a written notice oftermination ofthe Agreement to the breaching Party. Page 10of13 C-01 ver. 2019.10.29 14.2 Termination or Suspension for Convenience. Either Party may terminate or suspend this Agreement, in whole or in part by providing written notice to the other Party at least thirty (30) 14.3 Termination for Insolvency. Either Party has the right to immediately terminate the Agreement, by providing written notice to the other Party, in the event that (a) the other Party becomes insolvent, enters into receivership, is the subject of a voluntary or involuntary bankruptcy proceeding, or makes an assignment fort thel benefit ofcreditors; or(b)asubstantial, part oft the other Party's property becomes subject to any levy, seizure, assignment or sale for or by any creditor or 14.4 Payments Due Post-Termination. TRC will bee entitled to receive payment for all Work performed prior to the effective date ofthes suspension or termination, plus all reasonable costs associated with the suspension or termination, including, but not limited to, demobilization costs, re-stocking fees, cancellation fees, and costs incurred with respect to non-cancellable commitments. If the suspension or termination' is the result ofTRC's breach, priort to paying" TRC Client will be entitled to offset its reasonable, direct, documented losses to the extent caused by TRC's breach. If the suspension or termination is the result of Client's breach, in addition to all other compensation to which TRC is entitled, TRC will be entitled to receive payment for its reasonable, direct, days prior to the effective date of termination. government agency. documented losses to the extent caused by Client's breach. ARTICLE: 15. DISPUTERESOLUTION 15.1 Negotiation by Executives. Thel Parties will attempt in good faith to resolve any dispute, controversy, or claim arising out of or relating to the project or the Agreement or the breach thereof( ("Dispute") promptly by negotiation. When either Party determines it has exhausted its efforts to resolve al Dispute at thel Project level, that Party may provide written notice to the other Party ofthel Dispute. Within 15 days after the date of such notice, executives ofboth Parties who have authority to agree to as settlement of thel Dispute and who are at al higher level of management than the persons with direct responsibility for administration ofthis Agreement will meet at a mutually acceptable time and place (or, otherwise, at the Project Site), and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. All negotiations pursuant to this subsection are confidential and will be treated as compromise. and settlement negotiations for purposes of applicable rules ofe evidence. Ifthe Parties do not resolve the Dispute within sixty (60) days ofal Party notifying the other ofthe Dispute, unless extended by mutual 15.2 Goveming) Law.Jurisdiction. Venue. Unless otherwise required by law, this Agreement, and any act or transactions to which they will apply, or which are contemplated hereby or hereunder, will be governed by, and construed andi interpreted in accordance with, the laws of the State of Connecticut without regard to choice ofl law or conflicts oflaw principles. This choice oflaw expressly includes the applicable statutes ofl limitation. Venue for all actions under the Agreement 15.3 Prevailing Party. In the event of any binding dispute resolution proceeding, declaratory or otherwise, brought by al Party arising out of or relating to this Agreement, including but not limited to any breach or default ofthe Agreement, the prevailing Party will be entitled to recover from the other Party any and all expenses oflitigation, court costs, expert and consultant fees, employee time and expenses, and reasonable attorneys' and other legal fees associated with such proceedings (collectively, "Litigation Expenses"), accruing as of commencement oft the proceeding and including execution and collection of any award orj judgment. Notwithstanding thet foregoing, ifa written offer of compromise! ist made by either Party that is not accepted by the other! Party within thirty (30) days after receipt and the Party not accepting such offer fails to obtain ar more favorablej judgment or award, the non-accepting Party will not be entitled to agreement, either Party may commence litigation. willl bei in Hartford, Connecticut. Page 11 of13 C-01 ver. 2019.10.29 recover its Litigation Expenses (even ifit is the prevailing Party) and will be obligated to pay the Litigation Expenses oft the offering Party. ARTICLE16. MISCELLANEOUS 16.1 Independent Contractor and Waiver of Benefits. TRCis an independent contractor and will not be regarded as an employee or agent of Client. TRC agrees that it will not receive, and is not eligible to participate in, any employee benefit plan, insurance program, disability plan, medical benefits plan, or any other fringe benefit program sponsored. and maintained by Client fori its regular active employees and Client hereby waives any rights or claims related thereto. 16.2 Compliance with Laws. TRC will observe all applicable provisions of the federal, state, and local laws and regulations, including those relating to equal opportunity employment. 16.3 Severability. Ifany term, covenant, condition, or provision ofthis Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement will remain in full force and effect, and willinr no way beaffected, impaired, ori invalidated thereby. 16.4 Waiver. Any waiver by either Party or any provision or condition of this Agreement will not be construed or deemed to be a waiver of a subsequent breach of the same provision or condition, unless such waiver is so expressed in writing and signed by the waiving Party. 16.5 Assignment. Neither Party will assign or transfer this Agreement without the prior written consent of the other Party. Moreover, as a condition of any such written consent, such assignment will be subject to thet terms and conditions herein and no greater rights or remedies will be available to the assignee. In the event of an assignment by Client, Client will provide TRC with the information necessary for notices and invoicing (as applicable) prior to the effective date of the assignment. Client hereby agrees that TRC may subcontract and/or assign some or all of the Work to one or moreofits corporate affiliates to theextent necessary to! provides Mifcstsfigmderpmyy 16.6 Captions. The captions of the articles and sections in this Agreement are intended solely for the convenience of reference and will not define, limit, or affect in any way the provisions, terms, and 16.7 Integration. This Agreement represents the entire understanding and agreement between the Parties and supersedes any and all prior or contemporaneous agreements, whether written or oral, and may bea amended or modified only by a written amendment signed by both Parties. 16.8 Amendments. This Agreement may be modified only by a Change Order or an amendment executed in writing by a duly authorized representative for each Party. 16.9 NoThird Party Beneficiaries. Except as otherwise specifically provided for herein, this Agreement shall not be construed to confer any benefit on any third party not al Party to this Agreement, nor shali it provide any rights to such third party to enforce its provisions. Notwithstanding the foregoing, all liability-limiting provisions of this Agreement shall extend and inure to the benefit 16.10 Signatures. This Agreement, any amendment, and any Change Order may be executed in counterparts, each of which will be deemed an original, and all of which together will be deemed to be one and the same instrument. A copy of this Agreement and any subsequent modifications signed electronically and/or delivered by e-mail or other means ofe electronic transmission will be deemed to have the same legal effect as delivery of an original manually signed copy. Each person with applicable insurance or professional licensing requirements. conditions hereof or their interpretation. ofall members ofTRC. Page 12of13 C-01 ver. 2019.10.29 executing this Agreement warrants that he/she is authorized to do sO on behalf of the Party for 16.11 Notices. Any notice permitted to be given by email shall bes sent to the below representative. Any other notice required to be given pursuant to this Agreement must be in writing and sent by overnight delivery via USPS or a nationally recognized courier and delivered to the address set whom he/she signs this Agreement. forth in the first paragraph above to the attention oft the representative below: Ifto" TRC, send to the attention of: Ethan Gartin parin@recompans.com mknggmypinecbome-con Ifto Client, send to the attention of: Michael King Any notice so given will be deemed effective upon receipt. Either Party may change its representative or address effective ten (10) days after written notice thereofto the other Party. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as oft the day and year set forthi in this Agreement. ÇLIENT: Town of Princeton TRC: TRCI Engineers, Inc. By:. Printed name:. Title: By:_ C4l Printed Name: C-TymsClyon..PE Title: Regional Growth Leader Page 13of13 C-01 ver.2019.10.29 EXHIBIT. A PROJECT INFORMATION, SCOPE OF WORK, CONTRACTPRICE, CONTRACTTIME 1. Refer to TRC Proposal for Professional Services - TRC Proposal for the Holts Pond Road Sewer Extension project, dated September 20, 2023, and attached herein. EXHIBITB Ratesand Billing Terms In the event any Worki is performed on a time and expense or time and materials basis, TRC will invoice in accordance with the below. A. RECORDS TRC will keep accurate and daily records ofall labor, equipment, and materials furnished pursuant to any Task Order. TRC will summarize daily records on a weekly and/or monthly basis and will submit for review upon Client's written request. B. WAGE RATES See attached rates. REIMBURSABLE EXPENSES C. Project Expenses. Expenses will be invoiced at 6% ofLabor Oraisinhousmpoasion office materials, telecommunications, standard software, postage, computerexpenses, and field Customer Requested Expenses. Outside services such as, but not limited to, outside reprographic services, materials, and equipment, will be invoiced at cost plus 10%. Mileage. Personal automobile travel from portal to portal or between locations will be charged Travel Expenses. Airfare, car rental, taxi, parking, tolls, and incidental expenses will be invoiced at cost plus 10%, with receipts provided for any expense over $25.00. Lodging and Meals. Lodging and meals will be charged at cost plus 10%, with receipts expendables). at current IRS mileage rates per mile. provided for any expense over $25.00. D. INSURANCE EXPENSE E. SUBCONTRACIS A charge of2% will be applied to all invoiced amounts for the cost ofTRC'si insurance coverage. A fee of 10% will be added to the invoice cost ofsubcontracts managed by TRC. F. ADJUSTMENT TRC's rates are subject toi increase on an annual basis. DocuSign Envelope ID: 29AAF13E-B793-BEB-8537-EE22CCE4DC6A ROY COOPER Governor ELIZABETH S. BISER Secretary SHADI ESKAF Director NORTH CAROLINA Environmental Quality August 18, 2023 CCP Mr. Michael King, Town Administrator Princeton, North Carolina 27569 Town of Princeton PO Box 67 Subject: Letter of Intent to Fund Town of Princeton Holts Pond Road Sewer Extension April 2023 Application Cycle Project No(s).: CS370585-03 Dear Mr. King: The Division of Water Infrastructure (Division) has reviewed your application, and the State Water Infrastructure Authority (SWIA) has approved your project as eligible to receive a total funding amount of up to $224,000 from the following funding source(s): Clean Water State Revolving Fund (SRF) loan of up to $224.000. Seventy-five percent of the loan (up to a maximum of$168,000) will be forgiven, and the remainder will be repayable at 0.00% interest. A loan fee of2% will be invoiced after bids have been recived. Please note that this intent to fund is contingent on approval oft the loan through the Local Government Commission and on meeting all ofthe following milestones: Milestone* Date December 1, 2023 May 1,2024 November 1, 2024 March 3, 2025 July 1, 2025 August 1,2025 Engineering Report Submittal Engineering Report Approval Bid and Design Package Submittal Bid and Design Package Approval Advertise Project, Receive Bids, Submit Bid Information, and Receive Authority To Award Execute Construction Contract(s) *Failure to meet any milestone may result in the forfeiture of funding for the proposed project. The first milestone is the submittal ofan Engineering Report on December 1, 2023. The Engineering Report must be developed using the guidance found on our website ntps/AsaneovAboudivisomhacainfasncurhme.undingensineerine- eportenvironmenta-niormation. Failure to meet any milestone may result in the forfeiture of funding for the proposed project. NorthCarolinal Department ofEnvironmental Quality Division ofV Water Infrastructure DEQS 512N. SalisburyStreet I 1633Mail Service Center I Raleigh. NorthCarolina: 27699-1633 919.707.9160 DocuSign Envelope ID: 29AAF13E-B793-4BEB-8537-EE22CCE4DC6A Mr. Michael King, Town Administrator August 18, 2023 Page 2of3 Upon detailed review oft the project during the funding process, it may be determined that portions ofy your project are not eligible for funding and the total funding amount may be reduced. Additionally, changes in the scope or priority points awarded - based on additional information that becomes apparent during project review - may also result in changes to the total funding amount and loan terms. Engineering Services Procurement All projects must comply with North Carolina General Statute 143-64.31, Article 3D Procurement of Architectural, Engineering. and Surveying Services. Projects cannot be exempted from qualification-based selection of these services under N.C.G.S. 143-64.32. Any services provided that were not selected in compliance with federal requirements will be ineligible for reimbursement. Requirements ofLocal Government Units Designated as Distressed Additional information is required to be submitted in the Engineering Report forall distressed systems, regardless of funding source, to demonstrate how the project moves the local government unit towards viability. Guidance on these requirements can be found on the Division's s website on the I Have Funding" page under the Engineering Report section. For questions about these additional requirements, please contact Syon Chand at (919)707-9010or Local government units designated as "distressed" under $159G-45(b) must complete associated at yon.chandgucqmego, requirements ofthe statute by: 1. Conducting an asset assessment and rate study. 2. Participating in a training and educational program. 3. Developing a short-term and long-term action plan considering all oft the following: b. Continuing education of the governing board and system operating staff; and a. Infrastructure repair, maintenance, and management; L Long-term financial management plan. Davis-Bacon Requirements and American Iron and Steel Provisions specifications covering these requirements on our website. Build America. Buy America Act (BABA) Projects funded through the State Revolving Fund (SRF) programs must comply with Davis- Bacon wage requirements and American Iron and Steel provisions. You can find standard SRF-funded projects may be required to comply with the Federal Build America, Buy America Act (BABA). The Build America, Buy America Act (BABA) requires that iron, steel, manufactured products, and construction materials used in infrastructure projects are produced in the United States. You can find additional information at the following link: hups/www.epa.rovcwsrfbuild-amerign-buy-america-baba DocuSign Envelope ID: 29AAF13E-B793-BE8-8537-EE22CCE4DC6A Mr. Michael King. Town Administrator August 18, 2023 Page3of3 CO Approval ofDebt by Local Government Commission Projects funded with a Division of Water Infrastructure (Division) loan component must receive approval from the Local Government Commission (LGC). Final approval of debt must be coordinated directly with the LGC after construction bids are received. Materials must be Joint Legislative Committee on Local Government Notification Requirements emailed to sri@nctrensurer.com In accordance with G.S. 120-157.2, local government units with projects that require debt to be issued greater than $1,000,000 must submit a letter to Committee Chairs, Committee Assistant, and the Fiscal Research Division of the General Assembly at least 45 days prior to presentation before the Local Government Commission. You are responsible for submitting that letter and providing a copy to the Division. Extended Term Loan Projects that qualify fora targeted interest rate and demonstrate in the Engineering Report a weighted average design life for the major components of the project greater than 20 years are eligible for an extended loan term up to the calculated weighted average design life, but not to exceed 30 years. Request an extended term by contacting your project manager and provide the necessary calculation (see design life workbook here hups/Aeanegovhbouldivisionshvaere infrastructure/-have-funding/enenginering-reporteportenyironmental-ntal-information). Upon receipt of your letter ofintent to fund, please fill out the attached Federal ID & Unique Entity ID (UEI) form and email it to Pam Whitley at amashileydasusso Ifyou choose to decline this funding, the Authorized Representative as declared in the application must directly contact the Division project manager via email or letter on the applicant's letterhead. Ifyou have any questions, please contact Jason Robinson at monurpbinomgoenege" or by phone at (919),707-3887. Sincerely, Docusignediy GwEy Shadi Eskaf, Director Division of Water Infrastructure, NCDEQ EC: Ethan Gartin, TRC Companies (via email) Steve Gandy, PE, TRC Companies (via email) Jason Robinson (via email) Syon Chand (via email) SRF COMCLOIP)Agmememt ID 2000069515) 9 Town of PRINCETON DONALD B. RAINS MAYOR MICHAEL KING TOWN ADMINISTRATOR CLASS CODE: 300-04 CLASSTITLE: Police Major SALARY GRADE: 19 REPORTS TO: Chief of Police MICHAEL: SMILEY CHIEF OF POLICE DANIELTOOLE LIEUTENANT Est 1873 PURPOSE OF CLASS: Under general supervision, performs highly skilled law enforcement leadership duties fully qualified with several years of experience; performs high level administrative work, focusing on interoffice needs or concerns as well as supervises lower ranking supervisors and police officers in the PRIMARYTASKS: (Any one position may not include all of the tasks listed, nor do the examples Assumes and performs supervisory duties when the Police Chiefi is not on duty or when he is involved ins such matters which require the Police Major to assume supervisory responsibilities. Responsible for ensuring that subordinate officers follow all rules and regulations. Supervise specific work shifts, give directives to subordinate officers about new or revised policies, perform uniform, equipment and vehicle inspections, and review case histories. Prepare reports so higher-ranking officials are kept aware of interoffice needs or concerns. Work with their subordinate officers and supervisors to prevent crime and enforce laws, and partner Plan work schedules, oversee department cases, arrest and process criminals, assist with detective work, conduct internal investigations, and help officers with situations that require seniority or Correct subordinate officers for conduct that doesn'tcomply with regulations or suggest revised or Assume important roles in the department and in the community by staying up-to-date on crime trends Effectively deploy officers to areas that need police most, and create zones that don' t leave citizens in Quickly respond to serious criminal offenses, such as shootings, stabbings, homicides, larcenies, motor Effectively document and report those situations to their superiors and special law enforcements units, absence of a superior officer. necessarily include all of the tasks performed.) with police departments out in the field. expertise in the field. improved methods for handling particular cases. and specific geographic demands. particular areas unprotected and exposed to criminal activity. vehicle theft, large drug busts and officer-down scenarios. such as the FBI and crime scene divisions. "PEACEFUL, PLEASANT, PROGRESSIVE, AND PROUD" Townof Princeton is: anl Equal Opportunity Provider and Employer ssamppinstamnsam 503 Dr. Donnic H. Jones. Jr. Blvd West. Princeton. NC: 27569 ofice: (919,936-8171 Fx919,936-2842 Office Hours: M-FRAM-SPM Town of PRINCETON DONALD B. RAINS MAYOR Est 1873 MICHAEL KING TOwN ADMINISTRATOR PROGRAM ADMINISTRATOR: Organizes and trains personnel on crime software but not limited to OFFICER VIDEO EQUIPMENT: Maintains and safeguards Body -worn cams, In-Car Cameras and Gang Net, CJLEADS, DCI, TRACS, Police PAK, LINX, TASER and CAD support. undercover surveillance equipment. QUALIFICATION OF CLASS: REPORTING RELATIONSHIP: This position reports to the Chief of Police. Education: Graduation from an accredited high school supplemented with additional courses and seminars in various phases of police work, executive training and leadership training. Associates degree Experience: Vetted considerably as a Police Supervisor, acquired knowledge, skills and ability including and/or equivalent to 81 to 10 years' experience in law enforcement. but not limited to Executive Management and expertise. Knowledge, Skills and Abilities: Thorough knowledge of laws and ordinances relating to arrest, search and seizure and traffic Thorough knowledge of the layout of Town streets, location and geographical layout of various Thorough knowledge of law enforcement practices and principles, including crime detection and Skill in the application of other means of approved self-defense by Criminal Training and control. neighborhoods and of the business district. routine investigation, radio communications and apprehension of offenders. Skill in the use of firearms Standards Division. Skill in the use of assigned equipment. Ability to supervise, train and direct lower level personnel as well as oversee the daily operations and logistics of the police department in the absence of superiors. Ability to apply good judgement during emergency situations. Prepare pre and post incident reports for Executive Management review. Ability to maintain effective working relationships with other employees and local and federal law enforcement agencies. SPECIAL REQUIREMENIS: Possession of an appropriate valid North Carolina driver's license; possession of the General Law Enforcement Certificate awarded by the North Carolina Criminal Justice Education and Standards Commission. "PEACEFUL, PLEASANT, PROGRESSIVE, AND PROUD" Townof MnshagPP.ng Provider. and Employer www myprincstunnecon 503Dr. Dunnic H. Jones. Jr. Blvd West. Princeton. NC27569 Office: (91915 936-8171 Fax: (919)936-2842 Oficel Hours: M- FSAM-SPM 2 Town of PRINCETON DONALD B. RAINS MAYOR MICHAEL KING TOWN ADMINISTRATOR CLASS CODE: 300-05 CLASS TITLE: Sergeant SALARY GRADE: 18 REPORTS TO: Major MICHAEL SMILEY CHIEF OF POLICE DANIEL TOOLE LIEUTENANT Est 1873 PURPOSE OF CLASS: Under general supervision of Major, performs complex law enforcement duties inj providing security, protection and enforcing all laws and city ordinances, performs complex work in PRIMARY TASKS: (Any one position may not include all of the tasks listed, nor do the examples Responds to life and property threatening calls, such as robbery, burglary, family disturbances, theft, Conducts investigation and follow-up investigation on scene and suspect; makes arrests of offenders. Writes and files crime case reports, arrest reports, complaint reports, traffic accident reports for each case handled during the shift; issues citations to traffic violators and testifies in court. Performs traffic enforcement and routine patrol; operates the Intoximeter and radar equipment; monitors traffic movement; reports hazards, such as blockages of street view, holes, etc. Conducts security checks of business and residential establishments; issues citations to traffic investigating crimes. necessarily include all of the tasks performed.) vandalism, arson, riot, fire, etc. violators. Utilizes problem solving techniques to address community problems. Provides both written and verbal information to the public upon request. May function as the officer in charge, in the absence of the Major. Participates in and initiates directed patrols. Investigates criminal cases ranging from crimes against persons and property to crimes against murder orindecency; carries out evidence, custody, crime scene control, interviewing of witnesses and Effectively document and report those situations to their superiors and special law enforcements units, suspects in preparations of written formal case files. such as the FBI and crime scene divisions. PROGRAM OPERATOR: Uses crime software but not limited to Gang Net, CJLEADS, DCI, OFFICER VIDEO EQUIPMENT: Maintains and uses Body-worn cams, In-Car Cameras and TRACS, Police PAK, LINX, TASER and CAD support. undercover surveillance equipment. REPORTING RELATIONSHIP: This position reports to the Major. PEACEFUL, PLEASANT, PROGRESSIVE, AND PROUD" Townof Princetoni is: an! Equal Opportunity Provider and Employer wwwmyprincgtonne. com 503 Dr. Donnicl H. Joncs. Jr. Blvd West. Princeton. NC27569 onice: (919)936-8171 Fas: (919)936-2842 Office Hours: M-F8AM SPM Town of PRINCETON DONALD B. RAINS MAYOR Est 1873 MICHAEL KING TOWN ADMINISTRATOR QUALIFICATION OF CLASS: years' experience in law enforcement. Education: Graduation from an accredited high school. Associates degree and/or equivalent to 5to7 Experience: Vetted considerably as al Police Officer, Fulfilling all requirements necessary for position Master Police Officer. Graduation from First Line Supervision School and Field Training Officer School Knowledge, Skills and Abilities: Thorough knowledge of laws and ordinances relating to arrest, search and seizure and traffic Thorough knowledge of the layout of Town streets, location and geographical layout of various Thorough knowledge of law enforcement practices and principles, including crime detection and Skill in the application of other means of approved self-defense by Criminal Training and control. neighborhoods and of the business district. routine investigation, radio communications and apprehension of offenders. Skill in the use of firearms Standards Division. Skill in the use of assigned equipment. Ability to supervise, train and direct lower level personnel Ability to apply good. judgement during emergency situations. Prepare pre and post incident reports for supervisors Ability to maintain effective working relationships with other employees and local and federal law enforcement agencies. SPECIAL REQUIREMENTS: Possession of an appropriate valid North Carolina driver's license; possession of the General Law Enforcement Certificate awarded by the North Carolina Criminal Justice Education and Standards Commission. "PEACEFUL, PLEASANT, PROGRESSIVE, AND PROUD" Town ofl Princetoni isa an Equal Opportunity Provider and Employer www. mypringctone.con 503Dr. Donnie H. Jones. Jr. BlvdWest. Princeton. NC 27569 Office: (919)936-8171 Fax: (919)936-2842 Ofice BPsNI-PSANI-SNL 2 Town of PRINCETON DONALD B. RAINS MAYOR MICHAEL KING TOWN ADMINISTRATOR CLASS CODE: 300-06 CLASS TITLE: Police Master Officer SALARY GRADE: 17 REPORTS TO: Sergeant MICHAEL SMILEY CHIEF OF POLICE DANIELTOOLE LIEUTENANT Est 1873 PURPOSE OF CLASS: Under general supervision of Sergeant, performs law enforcement duties in providing security, protection and enforcing all laws and city ordinances, performs complex work in PRIMARY TASKS: (Any one position may not include all of the tasks listed, nor do the examples Responds to life and property threatening calls, such as robbery, burglary, family disturbances, theft, Conducts investigation and follow-up investigation on scene and suspect; makes arrests of offenders. Writes and files crime case reports, arrest reports, complaint reports, traffic accident reports for each case handled during the shift; issues citations to traffic violators and testifies in court. Performs traffic enforcement and routine patrol; operates the Intoximeter and radar equipment; monitors traffic movement; reports hazards, such as blockages of street view, holes, etc. Conducts security checks of business and residential establishments; issues citations to traffic investigating crimes. necessarily include all of the tasks performed.) vandalism, arson, riot, fire, etc. violators. Utilizes problem solving techniques to address community problems. Provides both written and verbal information to the public upon request. May function as the officer in charge, in the absence of the Sergeant. Participates in and initiates directed patrols. Investigates criminal cases ranging from crimes against persons and property to crimes against murder ori indecency; carries out evidence, custody, crime scene control, interviewing of witnesses and Effectively document and report those situations to their superiors and special law enforcements units, suspects in preparations of written formal case files. such as the FBI and crime scene divisions. PROGRAM OPERATOR: Uses crime software but not limited to Gang Net, CJLEADS, DCI, OFFICER VIDEO EQUIPMENT: Maintains and uses Body -worn cams, In-Car Cameras and TRACS, Police PAK, LINX, TASER and CAD support. undercover surveillance equipment. REPORTING RELATIONSHIP: This position reports to the Sergeant. "PEACEFUL, PLEASANT, PROGRESSIVE, AND PROUD" Town of Princetoni is an Equal Opportunity Provider and Employer MosamgpiRstamasu 503Dr. Donnic H.. Jones.. Jr. Blvd West, Princeton. NC:27569 Office: (919)936-8171 Fax: (919,936-2842 Onice Hours: M-FXAMI-SPM Town of PRINCETON DONALD B. RAINS MAYOR Est 1873 MICHAEL KING TOWN ADMINISTRATOR QUALIFICATION OF CLASS: years' experience in law enforcement. extended knowledge in Police Master Officer. Knowledge, Skills and Abilities: Education: Graduation from an accredited high school. Associates degree and/or equivalent to 2to 4 Experience: Vetted considerably as a Police Officer, fulfilling all requirements necessary for position Thorough knowledge of laws and ordinances relating to arrest, search and seizure and traffic Thorough knowledge of the layout of Town streets, location and geographical layout of various Thorough knowledge of law enforcement practices and principles, including crime detection and Skill in the application of other means of approved self-defense by Criminal Training and control. neighborhoods and of the business district. routine investigation, radio communications and apprehension of offenders. Skill in the use of firearms Standards Division. Skill: in the use of assigned equipment. Ability to supervise, train and direct lower level personnel Ability to apply good. judgement during emergency situations. Prepare pre and post incident reports for supervisors Ability to maintain effective working relationships with other employees and local and federal law enforcement agencies. SPECIAL REQUIREMENIS: Possession of an appropriate valid North Carolina driver's license; possession of the General Law Enforcement Certificate awarded by the North Carolina Criminal Justice Education and Standards Commission. "PEACEFUL, PLEASANT, PROGRESSIVE, AND PROUD" Town ofl Princeton is an EqualOpportunity Provider and Employer MASmDPIStCnINaNN 503Dr. Donnic H. Jones. Jr. BIvd West. Princeton, NC 27569 Office: (919)5 936-8171 Fax: 9191936-2842 omice Hours:M- -FSAM SPM 2 Town of PRINCETON DONALD B. RAINS MAYOR MICHAEL KING TOWN ADMINISTRATOR CLASS CODE: 300-06 CLASS TITLE: Police Master Officer SALARY GRADE: 17 REPORTS TO: Sergeant MICHAEL SMILEY CHIEF OF POLICE DANIELTOOLE LIEUTENANT Est 1873 PURPOSE OF CLASS: Under general supervision of Sergeant, performs law enforcement duties in providing security, protection and enforcing all laws and city ordinances, performs complex work in PRIMARY TASKS: (Any one position may not include all of the tasks listed, nor do the examples Responds to life and property threatening calls, such as robbery, burglary, family disturbances, theft, Conducts investigation and follow-up investigation on scene and suspect; makes arrests of offenders. Writes and files crime case reports, arrest reports, complaint reports, traffic accident reports for each case handled during the shift; issues citations to traffic violators and testifies in court. Performs traffic enforcement and routine patrol; operates the Intoximeter and radar equipment; monitors traffic movement; reports hazards, such as blockages of street view, holes, etc. Conducts security checks of business and residential establishments; issues citations to traffic investigating crimes. necessarily include all of the tasks performed.) vandalism, arson, riot, fire, etc. violators. Utilizes problem solving techniques to address community problems. Provides both written and verbal information to the public upon request. May function as the officer in charge, in the absence of the Sergeant. Participates in and initiates directed patrols. Investigates criminal cases ranging from crimes against persons and property to crimes against murder orindecency; carries out evidence, custody, crime scene control, interviewing of witnesses and Effectively document and report those situations to their superiors and special law enforcements units, suspects in preparations of written formal case files. such as the FBI and crime scene divisions. PROGRAM OPERATOR: Uses crime software but not limited to Gang Net, CJLEADS, DCI, OFFICER VIDEO EQUIPMENT: Maintains and uses Body -worn cams, In-Car Cameras and TRACS, Police PAK, LINX, TASER and CAD support. undercover surveillance equipment. REPORTING RELATIONSHIP: This position reports to the Sergeant. "PEACEFUL, PLEASANT, PROGRESSIVE, AND PROUD" Townol Princeton is an Equal Opportunity Provider and Employer www. myprinccronng. com 503.Dr. DonnieH. Jones. Jr. Blvd West. Princeton. NC27569 Ofice: (919,936-8171 F1919,936.2842 Office Hours: M-FSAM-SPM Town of PRINCETON DONALD B. RAINS MAYOR Est 1873 MICHAEL KING TOWN ADMINISTRATOR QUALIFICATION OF CLASS: years" experience in law enforcement. extended knowledge in Police Master Officer. Knowledge, Skills and Abilities: Education: Graduation from an accredited high school. Associates degree and/or equivalent to 2 to 4 Experience: Vetted considerably as a Police Officer, fulfilling all requirements necessary for position Thorough knowledge of laws and ordinances relating to arrest, search and seizure and traffic Thorough knowledge of the layout of Town streets, location and geographical layout of various Thorough knowledge of law enforcement practices and principles, including crime detection and Skill in the application of other means of approved self-defense by Criminal Training and control. neighborhoods and of the business district. routine investigation, radio communications and apprehension of offenders. Skill in the use of firearms Standards Division. Skill in the use of assigned equipment. Ability to supervise, train and direct lower level personnel Ability to apply good judgement during emergency situations. Prepare pre and post incident reports for supervisors Ability to maintain effective working relationships with other employees and local and federal law enforcement agencies. SPECIAL REQUIREMENIS: Possession of an appropriate valid North Carolina driver's license; possession of the General Law Enforcement Certificate awarded by the North Carolina Criminal Justice Education and Standards Commission. PEACEFUL, PLEASANT, PROGRESSIVE, AND PROUD" Townofl Princetoni is: an Equal Opportunity Provider and Employer www. myprincctomg.sum 503Dr. Donnic H. Jones. Jr. Blvd West. Princeton, NC27569 Onice: (9191936-8171 Fax.19,936.2842 onicel Hours: M-FSAM-SPM 2 Town of PRINCETON DONALD B. RAINS MAYOR MICHAEL KING TOWN ADMINISTRATOR CLASS CODE: 300-06 CLASS TITLE: Police Officer SALARY GRADE: 16 REPORTS TO: Sergeant MICHAEL SMILEY CHIEF OF POLICE DANIELTOOLE LIEUTENANT Est 1873 PURPOSE OF CLASS: Under general supervision of Sergeant, performs law enforcement duties in providing security, protection and enforcing all laws and city ordinances, performs complex work in PRIMARYTASKS: (Any one position may not include all of the tasks listed, nor do the examples Responds to life and property threatening calls, such as robbery, burglary, family disturbances, theft, Conducts investigation and follow-up investigation on scene and suspect; makes arrests of offenders. Writes and files crime case reports, arrest reports, complaint reports, traffic accident reports for each case handled during the shift; issues citations to traffic violators and testifies in court. Performs traffic enforcement and routine patrol; operates the Intoximeter and radar equipment; monitors traffic movement; reports hazards, such as blockages of street view, holes, etc. Conducts security checks of business and residential establishments; issues citations to traffic investigating crimes. necessarily include all of the tasks performed.) vandalism, arson, riot, fire, etc. violators. Utilizes problem solving techniques to address community problems. Provides both written and verbal information to the public upon request. May function as the officer in charge, in the absence of the Lieutenant. Participates in and initiates directed patrols. Investigates criminal cases ranging from crimes against persons and property to crimes against murder ori indecency; carries out evidence, custody, crime scene control, interviewing of witnesses and Effectively document and report those situations to their superiors and special law enforcements units, suspects in preparations of written formal case files. such as the FBI and crime scene divisions. PROGRAM OPERATOR: Uses crime software but not limited to Gang Net, CJLEADS, DCI, OFFICER VIDEO EQUIPMENT: Maintains and uses Body -worn cams, In-Car Cameras and TRACS, Police PAK,LINX, TASER and CAD support. undercover surveillance equipment. REPORTING RELATIONSHIP: This position reports to the Sergeant. "PEACEFUL, PLEASANT, PROGRESSIVE, AND PROUD" Townof Princetoni is an EqunlOpportunity Provider and Employer wwwmyprincetonne. com 503Dr. Donnie H. Jones.. Jr. Blvd West. Princeton. NC:27569 Onice: (919) 936-8171 Fax: (9191936-2842 Office Hours: M-F8AM-SPM Town of PRINCETON DONALD MAYOR B. RAINS Est 1873 MICHAEL KING TOWN. ADMINISTRATOR QUALIFICATION OF CLASS: Knowledge, Skills and Abilities: Thorough knowledge of laws and ordinances relating to arrest, search and seizure and traffic Thorough knowledge of the layout of Town streets, location and geographical layout of various Thorough knowledge of law enforcement practices and principles, including crime detection and Skill in the application of other means of approved self-defense by Criminal Training and control. neighborhoods and of the business district. routine investigation, radio communications and apprehension of offenders. Skill in the use of firearms Standards Division. Skill in the use of assigned equipment. Ability to apply good judgement during emergency situations. Prepare pre and post incident reports for supervisors Ability to maintain effective working relationships with other employees and local and federal law enforcement agencies. SPECIAL REQUIREMENIS: Possession of an appropriate valid North Carolina driver's license; possession of the General Law Enforcement Certificate awarded by the North Carolina Criminal Justice Education and Standards Commission. "PEACEFUL, PLEASANT, PROGRESSIVE, AND PROUD" Tonmnoflinectonis: an FqualOpportunity Provider: and Employer www. mspincciemnsxom 503Dr. Donnie H. Jones. Jr. Bivdwest, Princeton. NC27569 Oflice. 9191936-8171 Fas: (919)936-2842 Officel Hours: M-FSAM-SPN 2