River Bend Town Council Regular Meeting Minutes September 21, 2023 Town Hall 7:00 p.m. Mayor John Kirkland Lisa Benton Brian Leonard Barbara Maurer Buddy Sheffield Jeff Weaver Delane Jackson Sean Joll Mandy Gilbert Kristie Nobles Trey Ferguson 30  Present Council Members:  Town Manager: Police Chief: Finance Director: Town Clerk: Town Attorney:  Members oft the Public Present: CALL TO ORDER  Mayor Kirkland called the meeting to order at 7:00 p.m. on Thursday, September 21, 2023, at the Counciwoman Benton motioned to. adopt the agenda as presented. The motion carried Terrence Lubsen - introduced himself and stated he is originally from New Jersey and interested Councilman Sheffield moved to open the Public Hearing on the proposed rezoning of the parcel described by Craven County Parcel Identification Number 8-200-029 located at 403 Old With no one stepping forward, Councilman Sheffield moved to close the Public Hearing. The The Mayor presented the Council with the Consent Agenda. Councilman Sheffield moved to approve the Consent. Agenda as presented. The motion carried unanimously. Within this motion,  River Bend Town Hall with a quorum present. VOTE - APPROVAL OF AGENDA  unanimously.  RECOGNITION OF NEW RESIDENTS in the upcoming zoning issues.  PUBLIC HEARING- = Proposed Rezoning Craven County PIN 8-200-029  Pollocksville Road. The motion carried unanimously.  motion carried unanimously. CONSENT AGENDA  the following items were approved:  A. Approve:  Minutes oft the. August 10, 2023 Work Session Meeting Minutes oft the August 17, 2023 Regular Council Meeting  TOWN MANAGER'S REPORT The Manager gave thei following updates:  The Town Clerk has received a scholarship for the Master Municipal Clerk Academy in  November.    River Bend Town Council Sept.: 21, 2023F Regulars Session  2of22  The state budget, which includes $9.3 million fori the Town, will likely be passed tomorrow and then go to Governor for review. He stated this grant will allow the Town to build a  brand-new' Water Treatment Plant for the Town.  ADMINISTRATIVE REPORTS  PLANNING BOARD - COUNCILMANS SHEFFIELD  Councilman Sheffield stated that the Planning Board had recommended to the Council the approval of rezoning a portion of the property located at 403 Old Pollocksville Road. He stated that the Town had the required Public Hearing early in the meeting with no comments from the Councilman Sheffield motioned to approve the resolution on Plan Consistency and Statement of Reasonableness: as presented. The motion carried unanimously. (see attached) Councilman Sheffield motioned to rezone a portion of the parcel located at 403 Old Pollocksville Road identified by Craven County PIN 8-200-029 with said portion being further described by metes and bounds and shown on the map labeled as Exhibit 1, containing 73.22 acres to R15. Councilman Weaver stated that Parks and Recreation is hosting the Community Yard Sale on  citizens.  VOTE- Plan Consistency  VOTE- Davis /Dow Rezoning = 403 Old Pollocksville Road  The motion carried unanimously.  PARKS & RECREATION- - COUNCILMAN WEAVER September 30, 2023, and there is also a Fall Festival being planned. CAC- COUNCILWOMAN MAURER Councilwoman Maurer presented the following report.  The CAC met on September 20, 2023. Agenda items included plans for festive home awards for fall and Christmas, a report on the Council discussion of the Plantation median project, ideas for Arbor Day celebration 2024, Christmas globe repairs and workshops, discussion about participating in National Night Out, and the start of plans for an Independence Day craft décor project. The Christmas globe workshops are scheduled for November 2nd and 4th from 9 am to noon in the Municipal Building. Pre-registration is required. More details will be published soon. The next meeting is scheduled for November 15, 2023, at 4 pm in the Municipal Building. Councilwoman Maurer stated that the Council has asked the Town Manager to get quotes for a Councilwoman Maurer motioned to approve funding up to $2,500, to hire a certified arborist to conduct an assessment of the medians on Plantation Drive and Anchor Way as described in the Financial Report - Finance Director, Mandy Gilbert, presented to the Council the financial statement for the month of August. She stated the total of the Town's Cash and Investments as of August 31, 2023, were $3,244,542 and Ad valorem tax collections for FY23-24 were $28,855 Councilman Leonard motioned to approve the NCLM Grants Memorandum of Agreement  licensed arborist to do an assessment for the CAC Median Project.  VOTE- Median Assessment Project Funding  scope of work dated September 13, 2023, The motion carried unanimously.  FINANCE- - COUNCILMAN LEONARD  and Vehicle Ad valorem tax collections were $9,368. VOTE- NCLM Grants Memorandum of Agreement Resolution Resolution as presented. The motion carried unanimously. (see attached)    RiverE Bend Town Council Sept.: 21,2 2023 Regular Session  3of22  MAYOR'S REPORT  The Mayor presented the following report.  The Towns and Cities in North Carolina are charted by Act of the General Assembly. A Google search for "municipal government in North Carolina" results in the following: "In North Carolina, cities, towns and villages are incorporated municipalities which means that the North Carolina General Assembly (or, in a few cases, a former state agency known as the Municipal Board of Control) has granted a charter authorizing the establishment of a municipal corporation (government) and outlining the powers, authority and responsibilities of the municipal government. Some of these are specified in the charter and some are authorized by state The Town Charter is printed on the Town's web page and runs for nine pages. The charter is complete with the January 14, 1981, charter and the several amendments that the General Assembly has authorized in the years since 1981. (Rather than print the document here it is The Town Council, Manager and staff must comply with the direction of the Town's Charter, the laws of the State of North Carolina and the laws of the Federal Government. It is apparent that the day-to-day operation of municipal government in North Carolina does not operate by whim, The River Bend Town Council, Manager and Staff has done very well in complying with these mandates. Source: How NC Cities Work. How NC cities work. (n.d.). The Mayor then stated that the annual Constitution Week and Fire Prevention Week At this time the Mayor asked Janet Nawojski to come to the podium. The Town Clerk read a memorandum that the Mayor sent to Ms. Nawojski. He stated that the River Bend Garden Club has maintained the flower gardens around Town Hall, and he expressed gratitude and Councilwoman Maurer motioned to make a payment to the Memorial Garden in the amount of $600 for recently completed improvements to the Memorial Garden. The motion carried  statutes." (NCLM, How NC Cities Work)  requested that citizens read the Charter on the web page.)  but by direction from the General Assembly and the Federal Congress.  itips./www.nclm.org/acvocacynow-nc-cmes-work Proclamations were included in the agenda.  thankfulness for their work. VOTE-CACReroanlion unanimously. PUBLIC COMMENT No Public Comments. ADVOURNMENIRECESS at 7:59 p.m.  There being noi further business, Councilman Sheffield movedi to adjourn. The meeting adjourned  unob Kristie J.I Nobles, EMC, NCCMC  Town Clerk    River BendT Town Council Sept. 21, 2023F Regular Session 4of22  TOWN OF RIVER: BEND  RESOLUTION STATINGTHATPROPOSED MAP AMENDMENT TO' THE' TOWN ZONING MAP ISIN ACCORDANCE WITH ALL OFFICIALLY ADOPTED PLANS, INCLUDNG THE COMPREHENSIVE LAND USE PLAN; IS REASONABLE; AND IS  IN' THE: PUBLIC! INTEREST.  WHEREAS, the North Carolina General Assembly has given the Town of River Bend ("Town") the authority to adopt and amend zoning and development regulation ordinances and maps for the purpose of promoting health, safety, morals, or the general welfare of its citizens;  and,  WHEREAS, prior to consideration by the governing board of a proposed zoning or development ordinance amendment, N.C.G.S. $ 160D-605 requires the Town Council to state whether aj proposed zoning map amendment is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable, and N.C.G.S. S 160D-605 further provides that the Town Council shall provide a statement analyzing the reasonableness of  aproposed rezoning; and,  WHEREAS, the Town Council has met to consider and evaluate the proposed map amendment, which ist the proposal to rezone a portion of parcel # 8-200-029 from R-20A to. R-15  ("Proposed Amendment"); and  WHEREAS, the Town Council considers the Proposed Amendment to be consistent with the Town's officially adopted plans, including any comprehensive land use plan, because it isi in harmony with the above referenced land use plans and provides for the development and growth that is characteristic of Town's existing residential development, which development and growth  will provide for an increased tax base; and,  NOW1 THEREFORE, BE IT HEREBY RESOLVED, that the Town Council finds that the Proposed Amendment is in accordance with all officially adopted Town plans, including any comprehensive land use plan; that the proposed amendment is reasonable and int the publici interest; and is reasonable based on the size, physical conditions, and other attributes of the area proposed to be rezoned and will provide for more affordable housing options in the Town.    RiverE Bend Town Council Sept. 21, 2023 Regular Session  5of22  This Resolution: is effective upon its adoption this 21std day of September, 2023  TOWNG OF RIVER: BEND & uibous JohnR. Kirkland, Mayor  ATTEST:  udingkg Kristie J.Nobles, Clerk  2    River BendT Town Council Sept. 21,2 2023F Regular Session  6of22  RESOLUTION TO APPROVE. A MUNICIPAL ACCOUNTING SERVICES, CYBERSECURITY AND TECHNICAL ASSISTANCE MEMORANDUMOF  AGREEMENT WITNESSETH:  WHEREAS, the North Carolina State Budget Act of2021 (SL2021-180, as amended by SL2021-189, and SL 2022-6) provided to the NC League ofl Municipalities (League) grant funds provided tot the State ofl North Carolina by the U.S. Treasury pursuant the Coronavirus State and Local Fiscal Recovery Funds ofH.R. 1319, American Rescue Plan WHEREAS, the League received two. Award Agreements 0SBM-NCLM-63): from the Office of State Budget and Management (OSBM) and the North Carolina Pandemic WHEREAS, the first Award Agreement is identified as OSBM-NCLM-65. This grant enables the League toj provide "financial software and assistance programs for units of local government: for expenses related to the COVID-19 pandemic... "This granti is referred to as the Municipal Accounting Services and Cybersecurity Grant; and WHEREAS, the second Award Agreement isi identified as OSBM-NCLM-66. This grant enables the League "to provide guidance and technical assistance to units of local government in the administration off funds from the Local Fiscal Recovery Fund, as established in Section 2.6 ofS.L. 2021-25, and int the administration of projects funded through the State Fiscal Recovery Fund, as established in Section 2.2 of S.L. 2021-25." This grant is referred to as the Guidance and Technical Assistance Grant; and WHEREAS, thel Municipal Accounting Services and Cybersecurity Grant and the Guidance and' Technical Assistance Grant are collectively referred to herein as the WHEREAS, the League Grants are deemed part ofUS' Treasury Expenditure Category: 6, Revenue Replacement and shall only be spent on governmental services; and WHEREAS, pursuant to US Treasury Guidance, units ofl local government that receive services that are funded by one or both of the League Grants are beneficiaries of one or both ofthel League Grants, respectively, and such services are provided at no cost to these WHEREAS, the League has established al Municipal Accounting Services, Cybersecurity and' Technical Assistance Memorandum of Agreement pursuant to the terms of the League'sl Municipal Accounting Systems and Cybersecurity Grant and the Guidance and WHEREAS, this Municipal Accounting System, Cybersecurity and' Technical Assistance Memorandum of Agreement will offer local municipalities:  Act of2021 (ARP); and  Recovery Office (NCPRO); and  "League Grants".  local governments; and  Technical Assistance Grant; and    RiverE Bend" Town Council Sept. 21, 2023 Regular Session  7of22  (1) Services rendered by the League (League Services) including but not limited to capital expenditures for special purpose software and computer equipment as (2) Services rendered by one or more service providers (Contractor Services), retained by the League on behalf of the Municipality, who are members ofa particular profession or possess a special skill as set forth in $2C.F.R. 200.459; (3) Equipment, including information technology systems, and supplies, including computing devises, as set forth in $2 C.F.R. 200.439. and $2 C.F.R. 200.453; and WHEREAS, the Municipal Accounting Services, Cybersecurity and Technical Assistance Memorandum of Agreement, is attached hereto as Exhibit A; and NOW,THEREFORE BEI ITI RESOLVED BY THE CITY/TOWN COUNCIL/BOARD OFTHE TOWN OFI RIVER: BEND:  set forth in $2 C.F.R. 200.439; and  and  1. That, the Municipal Accounting Services, Cybersecurity and Technical Assistance 2. That thel Manager/Clerk: is authorized to execute the attached Memorandum of Agreement (or one substantially equivalent thereto) and such other agreements as necessary in accordance with thel League'sN Municipal Accounting Services and Cybersecurity Grant and the Guidance and' Technical Assistance Grant.  Memorandum of Agreement is hereby approved.  Adopted, this the 21st day of September,2023 TOWN/CITY OFI RIVER BEND Jahn R. Kirkland EEA Mayor ATTEST: Kristie. Town Clerk  Taugnob  2    River Bend Town Council Sept.: 21,2 2023 Regular Session  80f22  Exhibit A  MUNICIPALACCOUNTING SERVICES, CYBERSECURITY AND TECHNICAL/ ASSISTANCEN MEMORANDUM OF AGREEMENT (MOA).  3    RiverE Bend" Town Council Sept 21, 2023F Regular Session  9of22  MUNICIPAL ACCOUNTINGS SERVICES, CYBERSECURITY AND TECHNICAL ASSISTANCE MEMORANDUM OF AGREEMENT  This Municipal Accounting Services, Cybersecurity and Technical Assistance Memorandum of Agreement (hereinafter the "Agreement") is entered into as ofthel Effective! Date set out below, by and between the Town of River Bend (hereinafter the "Municipality") and the NC League of Municipalities (hereinafter the League), each additionally: referred to asa' "Party""; and collectively as the "Parties." This Agreement and the obligations hereunder shall be effective upon execution For good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties  ofthis Agreement by all Parties ("Effective Date").  agree as follows:  Article! I. Overview.  1. Enabling Law and Regulation.  The North Carolina State Budget Act of2021 (SL 2021-180, as amended by SL 2021-189, and SL 2022-6) provided to the League grant funds provided to the State ofNorth Carolina by the U.S. Treasury pursuant the Coronavirus State and) Locall Fiscal Recovery Fundso ofH.R. 1319, American Rescue Plan Act of 2021 (hereinafter ARP/CSLFRF). Pursuant to this legislation, the League received two Award Agreements from the Office of State Budget and Management (hereinafter OSBM) and the North Carolina Pandemic Recovery Office (hereinafter NCPRO). The funds are deemed part ofUS Treasury Expenditure Category: 6, Revenue Replacement and  shall only be spent on governmental services.  2. Grants Awarded to thel NCI League of Municipalities.  The first Award Agreement is identified as OSBM-NCLM-6. This grant enables the League to provide "financial software and assistance programs for units of local government for expenses related to the COVID-19 pandemic... " This grant is referred to as the Municipal Accounting The second Award Agreement is identified as OSBM-NCLM-66. This grant enables the League "toj provide guidance and technical assistance to units oflocal government! in the administration of funds from the Local Fiscal Recovery Fund, as established in Section 2.6 ofS.L. 2021-25, and in the administration of projects funded through the State Fiscal Recovery Fund, as established in Section 2.2 ofS.L. 2021-25."This grant is referred to as the Guidance and Technical Assistance The Municipal Accounting Services and Cybersecurity Grant and the Guidance and Technical  Services and Cybersecurity Grant.  Grant.  Assistance Grant are collectively referred tol herein as the "League Grants".  One or both of the League Grants fund this Agreement.  1    RiverE BendT Town Council Sept. 21,2 2023F Regular Session 10of22  3. Status of the Parties. ("*Contractors"). 4. Services Offered.  Thel undersigned: Municipalityi is al beneficiary oft thel League Grants. Thes service providersi retained by the League and funded by the League Grants for the benefit oft thel Municipality are contractors  Pursuant to this Agreement, the League hereby offers the following to thel Municipality: Services rendered by the League ("League Services"). See ExhibitA.  Services rendered by one or more: service providers ("Contractor Services")retained by the League on behalf of the Municipality, who are members of a particular profession or possess a special skill as set forth in $2 C.F.R. 200.459. See Exhibit B, as applicable (and Equipment, including information technology systems, and supplies, including computing devises, as set forth in $2 C.F.R. 200.439 and $2 C.F.R. 200.453. The League shall fund The League shall fund League Services and Contractor Services pursuant to this Agreement. The  subsequent Exhibits, as applicable).  League Services and Contractor Services pursuant to this Agreement.  Municipality accepts the League Grant(s) pursuant to this Agreement.  5. Additional Services.  Additional Services (hereinafter "Additional Services") may be offered to the Municipality by the League during thel League'sGrant period pursuant to this Agreement. The Municipality'soficia, who is designated in the Municipality's adopting Resolution, may execute further agreements, modifications of this Agreement, and agree to Additional Services to be provided to the Municipality. These Additional Services shall be described in additional Exhibits to this Agreement (Exhibit C,D, E, etc.) that, when executed by the Parties, shall become part of this  Agreement.  6. Term of Agreement.  This Agreement shall begin on1 thel Effective Date ofthis agreement and shall end when terminated at the discretion either party. All expenditures by the League under this Agreement must be obligated on or before December: 31,2024, and expended on or before December: 31,2026. Unless otherwise terminated, this Agreement shall expire on December, 31, 2026. Agreements executed by the Municipality and the Contractor, as may be reflected in Exhibit B, (and subsequent Exhibits attached hereto, as applicable) will survive termination ofthis Agreement, unless terminated early  by the Municipality and the Contractor. 7. Termination of Agreement.  Thel League may terminate this Agreement, in whole or inj part, at any time upon written notice to the Municipality and the Contractor. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to thel League to bej paid. Ift the Contractor has any property  2    RiverE Bend Town Council Sept. 21,2 2023F Regular Session 11of22  ini its possession belonging to thel League, the Contractor will account for the same, and dispose of  iti int the manner the League directs. 8. Duties of the Municipality.  The Municipality will utilize League Services and Contractor Services in accordance with this Agreement. It agrees to submit quarterly performance reports for the League Services and Contractor Services received pursuant to this Agreement and to cooperate with the League in appropriate review oft these League Services and Contractor Services. The nature and scope oft the reports will depend on the project. Any deficiencies or other performance concerns will be The Municipality shall obtain and provide to the League a unique entity identifier assigned by the System for Award Management (SAM), which is accessible at www.sam.gov. The Municipality shall provide the League with all relevant information requested by the League to enable the League to comply with the reporting requirements of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) or other federal or state requirements or audits, unless such information is otherwise confidential under applicable federal  addressed with thel Municipality and the Contractor.  or state laws.  Article I. Scope of Funded Activities.  1. Scope of Services (and subsequent Exhibits as applicable). 2. Approved Budget.  Services provided pursuant to this Agreement are set forth in the Exhibit A & B attached hereto  The League, in consultation with the Municipality and the Contractor, shall establish applicable rates and fees to align with the scope of services describedi in] Exhibit B (and subsequent Exhibits as applicable) or amendments thereto as approved in writing by the League. Such charges and rates under this Agreement, once: finalized and accepted by thel League, are hereinafter referred to as the "Approved Budget". The League shall furnish the Municipality with a copy of the Approved Budget, which willi include a detailed summary of charges andi rates that thel League will be obligated to expend for the benefit oft the Municipality using applicable grant funding. The Municipality shall not make any changes, directly ori indirectly, to the Contractor Services, or  3. Prior Approval for Changes.  the Approved Budget, without the prior written approval oft the League.  4. Allowable Costs for Services Rendered. and not be otherwise prohibited under State or Federal law.  All services provided pursuant to this Agreement must fall with the definitions of allowable cost Title 2U U.S. Code ofFederal Regulations Part 200, Uniform Administrative Requirements, Cost  3    River BendT Town Council Sept. 21, 2023 Regulars Session 12of22  Principles, and Audit Requirements for Federal Awards, commonly called Uniform Guidance, Subpart E, defines those items of cost that are allowable, and which are unallowable. These  allowable cost requirements are:  1. The costs must be reasonable;  2. The costs must be allocable to eligible projects under the Coronavirus State and Local Fiscal Recovery Funds ofH.R. 1319. American Rescue Plan Actof2021 (ARP); 3. The costs must be given consistent treatment through application oft those generally accepted accounting principles appropriate to the circumstances; 4. The costs must conform to any limitations or exclusions set forth ini these principles or in the ARP/CSLFRF grant award as to types or amounts of cost items.  5. Prohibited Uses of Funding.  The US Treasury's Final Rule prohibits certain uses of ARP/CSLFRF funds. Specifically, ARP/ CSLFRF funds may not be used for projects within the following categories of expenditures: 1.Ton make a deposit into aj pension fund that constitutes an extraordinary payment ofa an accrued, unfunded liability (Routirie contributions which are part of a payroll obligation  for an eligible project are allowed); 2. To borrow money or make debt service payments; 3. To replenish rainy day funds or to fund other financial reserves;  4. To satisfy an obligation arising from a settlement agreement, judgment, consent decree, or judicially confirmed debt restricting in a judicial, administrative, or regulatory 5.E Foraproject that includes ai term or condition that undermines efforts to stop the spread ofCOVID-19 or discourages compliance with recommendations and guidelines in CDC 6. In violation of the conflict-of-interest requirements imposed by the award terms and 2 7. For any expenditure that would violate other applicable federal, state, and local laws  proceeding;  guidance for stopping the spread ofCOVID-19;  CFR 200.318(c). and regulations.  Article! II. Compensation.  1. Payment of Funds.  The League will pay the Contractor identified in Exhibit B (and other Contractors/Consutants identified in subsequent Exhibits as applicable) for services rendered in accordance with the Approved Budget and for the performance of the Contractor Services. No Contractor Services shall be funded by the League outside the parameters of the League Grants. Fees and costs must The Municipality has no obligation toj pay for any services identified in the Approved Budget that are the League's responsibility. Services not expressly agreed to by the League shall be the  bes supported by evidence of bona fide services rendered.  responsibility oft thel Municipality.  4    RiverE Bend Town Council Sept 21, 2023F Regular Session 13of22  2. Invoices.  Email invoices to Accountspayablearp@nc'm.ory. Expenses must be reasonable and necessary, documented, itemized, andi incurred in accordance with this Agreement. AIILeague expenditures under this Agreement must be obligated on or before December 31, 2024 and expended on or  before December 31,2026.  Articlel IV. Compliance with Grant Agreement and Applicable Laws.  1. Expenditure. Authority.  This Agreement is subject to the laws, regulations, and guidance documents authorizing and implementing the ARP/CSLFRF grant, including, but not limited to, the following:  Authorizing Statute. Section 603 of the Social Security Act (42 U.S.C. 803), as added by section 9901(a) ofthe American Rescue Plan Act of2021 (Pub. L. No. 117-2). Implementing Regulations. Subpart A of31 CFR Part 35 (Coronavirus State and Local Fiscal Recovery Funds), as adopted in the Coronavirus State and Local Fiscal Recovery Funds interim final rule (86 FR 26786, applicable May 17,2021 through March 31,2022) and final rule (87 FR 4338, applicable January 27, 2022 through the end of the ARP/CSLFRF award term), and other subsequent regulations implementing Section 603 Guidance Documents. Applicable guidance documentsi: issued from time-to-time byt the US Department of Treasury, including the currently applicable version oft the Compliance and  oftl the Social Security Act (42 U.S.C. 803).  Reporting Guidance: State and Local Fiscal Recovery Funds.  This Agreement is also subject to all applicable laws ofthe State ofNorth Carolina.  2. Conflicts ofInterest; Gifts & Favors.  The Municipality understands that (I)itw will use Fiscal Recovery Funds toj pay for the cost ofthis Agreement, and (2) the expenditure ofFiscall Recovery Funds is governed by thel League's Conflict ofInterest Policy and thel Federal and State regulatory requirements (including, without limitation, The Municipality certifies that, as ofthe date hereof, to the best ofi its knowledge after reasonable inquiry, no employee, officer, or agent of the Municipality involved in the selection, award, or administration ofthis Agreement (each, a "Covered Individual"), nor any member of a Covered Individual's immediate family, nor a Covered Individual's partner, nor an organization which employs or is about to employ a Covered Individual, has a financial or other interest in or has received a tangible personal benefit from Fiscal Recovery Funds, except as to the funds legally expended in this Agreement. Should the Municipality obtain knowledge of any such interest, or any tangible personal benefit described in the preceding sentence after the date hereof, the  N.C. Gen. Stat. $ 14- 234(a)(1) and N.C. Gen. Stat. 8 14-234.3(a).  Municipality shall promptly disclose the same to thel League in writing.  5    River Bend Town Council Sept.: 21,2 2023 Regulars Session 14of22  The Municipality certifies to the League that it has not provided, nor offered to provide, any gratuities, favors, or anything ofv value to an officer, employee, or agent oft the League. Should the Municipality obtain knowledge oft thej provision, or offer ofa provision, of any gratuity, favor, or anything of value to an officer, employee, or agent described in the preceding sentence after the date hereof, the Municipality shall promptly disclose the same to thel League in writing.  3. Records Retention and Access.  The Municipality shall maintain all records, books, papers and other documents related to its performance of Approved Activities under this Agreement (including without limitation personnel, property, financial and medical records) through at least December 31, 2031, or such longer period as is necessary for the resolution ofany litigation, claim, negotiation, audit, or other inquiry involving this Agreement. The Municipality shall make all records, books, papers and other documents that relate to this Agreement, unless otherwise privileged, available at all reasonable times for inspection, review or audit by the authorized representatives ofthe League, the North Carolina State Auditor, the US Department of Treasury, the US Government Accountability Office, and any other authorized state or federal oversight office.  4. Suspension and Debarment.  The Municipality shall comply with the Office of Management and Budget (OMB) Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR Part 180, as adopted by the U.S. Department of Treasury at 31 CFR Part 19. The Municipality represents that neither it, nor any of its principals has been debarred, suspended, or otherwise determined ineligible to participate in federal assistance awards or contracts. Thel Municipality further agrees that it will notify the League immediately ifit it, or any of its principals, is placed on the list of parties excluded from federal procurement or nonprocurement programs available at  www.sam.gov.  5. Byrd. Anti-Lobbying Amendment.  Thel Municipality certifies to thel League thati itl has not used and will not use Federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee ofany agency, al Member ofCongress, officer ore employee ofCongress, or an employee ofa Member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. $ 1352. The Municipality shall disclose any lobbying with non- Federally appropriated funds that takes placei in connection with obtaining any Federal award. This certification is a material representation of fact upon which the League has relied when entering this Agreement and all liability arising from an erroneous representation shall be borne solely by  thel Municipality. 6. Publications.  Any publications produced with funds from this Agreement shall display the following language: "This project is supported, in whole or in part, by federal award number SLFRP0129 awarded to NC League of Municipalities through the State ofl North Carolina by the U.S. Department of the  Treasury."  6    RiverE BendT Town Council Sept. 21, 2023 Regular Session 15of22  7. Equal Opportunity and Other Relevant Federal Laws Thel Municipality agrees during the performance ofthis Agreement the following:  Civill Rights Laws.  The Municipality shall comply with Title VIofthe Civil Rights Act tof1964 (42U.S.C.S $8 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or The Municipality shall comply with the Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. SS 3601 et seq.), which prohibits discrimination in housing on the basis ofrace, color, religion, national origin, sex, familial status, or disability.  activities receiving federal financial assistance.  Fair Housing Laws.  Disability Protections.  The Municipality shall comply with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination on the basis of disability under any program  ora activity receiving federal financial assistance.  Age Discrimination,  The Municipality shall comply with the Age Discrimination Act of 1975 (42 U.S.C. SS 6101 et seq.), and Treasury'si implementing regulations at 31 CFR Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial  assistance.  Americans with Disabilities Act.  Thel Municipality shall comply with' Title II ofthe Americans with) Disabilities Acto of1 1990 (42U.S.C. SS 12101 etseq.), which prohibits discrimination on the basis ofo disability under programs, activities, and services provided or made available by state and local  governments ori instrumentalities or agencies thereto.  Clean Air Act.  The Municipality agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. $ 7401 et seq. The Municipality agrees to report each violation to Unit and understands and agrees that Unit will, in turn, report each violation as required to the U.S. Department oft the Treasury, and  the appropriate Environmental Protection Agency Regional Office.  Federal Water Pollution Control Act.  The Municipality agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 331 U.S.C. $ 1251 etseq. The Municipality agrees toi report each violation to Unit and understands and agrees that Unit will, in turn, report each violation as required to assure notification to the U.S. Department of the Treasury, and the appropriate Environmental Protection Agency  Regional Office.  7    RiverE BendT Town Council Sept.: 21,2 2023 Regular Session 16of22  Hatch Act.  The Municipality agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. $S 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity  financed in whole or inj part by this federal assistance.  Protections for Whistleblowers.  In accordance with 41 U.S.C. S 4712, the Municipality may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement ofai federal contract or grant, a gross waste of federal funds, an abuse ofa authority: relating to ai federal contract or grant, a substantial ands specific danger toj public health or safety, orav violation oflaw, rule, or regulation related tos a federal contract (including the competition for or negotiation ofa contract) or grant. Uniform Relocation Assistance and Real] Property Acquisitions Act of 1970. (42U.S.C. $8 4601-4655) The Municipality will implement standards for predictable real property acquisition and relocation expenses for homeowners and tenants ofl land acquired  through eminent domain.  Governmentwide Requirements for Drug-Free Workplace.  31 C.F.R. Part 20. The Municipality will implement required statements, policies and  procedures.  Increasing Seat Belt Usei in the United States.  Pursuant tol Executive Order 13043, 621 Fed. Reg. 19216(Apr. 18, 1997), Thel Municipality encourages its employees to adopt and enforce on-the-job seat belt policies and programs fori its employees when operating company-owned, rented or personally owned vehicles. Pursuant to Executive Order 13513, 74 Fed. Reg. 51225 (Oct. 6, 2009), The Municipality encourages its employees to adopt and enforce policies that ban text messaging while  Reducing Text Messaging While Driving.  driving.  Article V. Limitations ofLiability  1. Limitations of Liability.  In no event shall the League have any liability to the Municipality or any third party for damages resulting from Municipality's use ofs services provided through this Agreement or any separate agreement between the Municipality and the Contractor identified in Exhibit B (and other Contractors identified ins subsequent Exhibits as applicable) In no event shall the League be liable for any loss of profit or revenue, including but not limited to loss revenue caused by a cyber security breach, by the Municipality or any consequential, indirect, incidental, special, punitive, or exemplary damages incurred or suffered by the Municipality, eveni ifthel League has been advised ofthe possibility ofsuch  8    RiverE Bend Town Council Sept. 21,2 2023F Regular Session 17of22  loss or damage. Further, except for claims based on U.S. Patent or U.S. Copyright infringement or for personal injury or physical loss or damage to real or tangible personal property caused by the negligence of the League, Municipality agrees that the League's total liability for all claims ofany kinds arising as ai result of, or related to, this Agreement, whether based on contract, tort, (including but not limited to strict liability andr negligence) warranty, or on otherl legal or equitable grounds, shall bel limited to general money damages and shall not exceed the amounts actually received by Municipality under this Agreement. THE REMEDIES PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES, EXCEPT FOR THE WARRANTIES SET FORTH IN THIS AGREEMENT. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHETHER ORAL OR WRITTEN, WITH RESPECT TO THE GOODS AND SERVICES COVERED BY OR FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES (I) OF MERCHANTABLIY, (II) OF FITNESS FOR A PRACTICAL PURPOSE, OR (III) ARISING FROM COURSE OF PERFORMANCE OR DEALING, OR FROM USAGE  OFTRADE.  Article VI. General Conditions.  2. Venue and. Jurisdiction.  This Agreement will be governed by and construed in accordance with the laws ofNorth Carolina. The exclusive forum and venue for all actions arising out of this Agreement is the appropriate division oft the North Carolina General Court of] Justice in Wake County. Such actions may not be  commenced in, nor removed to, federal court unless required by law.  3. Nonwaiver.  No action or failure to act by the League constitutes a waiver of any of its rights or remedies that arise out of this Agreement, nor shall such action or failure to act constitute approval of or acquiescence in a breach ofthis Agreement, except as specifically agreed in writing.  4. Limitation of Authority.  Nothing contained in this Agreement may be deemed or construed to in any way stop, limit, or impair the Municipality from exercising or performing any regulatory, policing, legislative,  governmental, or other powers or functions.  5. Assignment.  The Municipality may not assign or delegate any of their rights or duties that arise out of this  Agreement without thel League's written consent.  6. Integration.  This Agreement contains the entire agreement between the parties pertaining to the subject matter of this Agreement. With respect to that subject matter, there are no promises, agreements, conditions, inducements, warranties, or understandings, written or oral, expressed, or implied,  between the parties, other than as set forth or referenced in this Agreement.  9    RiverE BendT Town Council Sept. 21, 2023 Regular Session 18of22  7. North Carolina Public Records Law  Notwithstanding any other provisions of this Agreement, this Agreement and all materials submitted to the Municipality by thel League are subject to the public records laws ofthe State of North Carolina and it is the responsibility oft the League to properly designate materials that may be protected from disclosure as trade secrets under North Carolina law as such and in the form required by lawj prior to the submission ofs such materials to thel Municipality. League understands and agrees that the Municipality may take any and all actions necessary to comply with federal, state, and local laws and/orj judicial orders and such actions will not constitute al breach ofthet terms oft this Agreement. To the extent that any other provisions of this Agreement conflict with this  paragraph, the provisions ofthis section shall control.  8. E-Verify  League shall comply with E-Verify, the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law and as in accordance with N.C.G.S. $64-25 et seq. In addition, to the best ofLeague's! knowledge, any subcontractor employed by League as a part of this contract shall be in compliance with the League certifies that, as oft the date listed below, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. $ 147-86.55, et seq. In compliance with the requirements ofthe Iran Divestment Act and N.C.G.S. $ 147-86.59,1 League shall not utilize int the performance ofthe contract any subcontractor that is identified on the Final Divestment List. League certifies thati itl has notl been designated by thel North Carolina State Treasurer as a company  requirements ofE-Verify and N.C.G.S. $64-25 et seq.  9. Iran Divestment Act  10. Companies Boycotting Israel Divestment Act engaged in the boycott ofl Israel pursuant to N.C.G.S. 147-86.81.  [Remainder of page left blank intentionally. Signatures are onj following page.)  10    River BendT Town Council Sept. 21,2 2023F Regular 19of22 Session  IN WITNESS WHEREOF, the parties hereto have executed this Agreement by digital signature on the respective dates below, and this Agreement shall be effective upon the date of the  Municipality'ssignature.  NCLEAGUE OF MUNICIPALITIES:  MUNICIPALITY: TOWN OF RIVER BEND  aNorth Carolina municipal corporation B - lbud  By: Signature  Signature Name AycK Title 9-23-23 Date of Signature ATTEST:  hoRkkland  Rose Vaughn Williams Executive Director Date of Signature  Adugnols. City/Town/Village Clerk (or designee)  11    River BendT Town Council Sept. 21, 2023 Regular Session 20of22  Exhibit A League Services  In addition to the Contractor Services set out in Exhibit B, the League may provide some  or all of thes services described below. 1. Cyber Security Assessment  The League's Cyber Security Advisor, or Cyber FieldTechnician ("Security Team"), will conduct a comprehensive assessment of the Municipality's overall cyber security posture ("Security Assessment") against the current standardized framework established by the Center for Internet Security ("CIS"). The Security Team will review approximately 155 security controls in coordination with the Municipality's management, and will provide IT support to establish a baseline security posture matrix. The Security Team will review the results and make appropriate hardware, software, policy, and procedure recommendations in accordance with industry best  practices and the baseline standards set by the CIS assessment framework.  2. IT Evaluation  Prior to thei installation of accounting software, including Black Mountain software, the League's IT technicians ("Technical Team") will review and evaluate the IT System's environment ("TT Evaluation") of the Municipality to verify the system is adequate to operate the software. The Technical Team will review the computer system for minimum security controls such as password protection, firewall installation and operation, and up to date antivirus programs. The Technical Team will act as a liaison to assist with communications between the software Contractor, which may include Black Mountain Software, and the Municipality. The Technical Team will make appropriate hardware and software recommendations if any deficiencies are found during the IT Int the event that hardware or software deficiencies are: found during thel ITI Evaluation, thel League, utilizing funds from thel Municipal Accounting Services and Cybersecurity Grant, will acquire and transfer title to the Municipality sufficient hardware and software to meet the "Minimum Requirements" as determined by the accounting software Contractor, which may include Black Mountain Software. Asc determinedl by thel League'sITD Director, Cyber Security Advisor, or Cyber Field' Technician, computer hardware may be provided under this Agreement, which mayi include thei following: 2 Computers, 1Laser Printer, 1 Scanner, 21 Monitors, 21 Keyboards, 21 mouse devices, 21 UPS devices. Computer software to be provided under this Agreement may include al Microsoft Int the event specific security hardware or software gaps are found during the Security. Assessment, the League, utilizing funds from the Cybersecurity Grant, will acquire and transfer title to the Municipality sufficient hardware and software to meet the "Baseline Requirements". as determined by the Security Assessment. As determined by the League's Cyber Advisor, security hardware may be provided under this Agreement, which may include the following: ("NGFW") Next Generation Firewall, Layer 3 Network Switch. Security software may be provided under this agreement, which may include the following: Endpointl Detection & Response ("EDR"), Endpoint  Evaluation.  3. Hardware and Software. Acquisition  Office license (if organization has no license).  12    RiverE BendT Town Council Sept. 21, 2023 Regular 21of22 Session  Protection Platform ("EPP"), Extended Detection and Response ("XDR"), or Multi-Factor AII) hardware and software shalll be used only for governmental purposes and primarily used for MAS purposes. Thel Municipality is responsible for the security, operation, support and  Authentication ("MFA").  maintenance of the provided assets. 4. Hardware and Software! Installation  Hardware and software provided by the League will be installed by the Municipality's IT professionals. Ifthel Municipality has no IT service provider, the League, utilizing funds from the Municipal Accounting Services and Cybersecurity Grant, will contract for a third-party IT professional installer to set up and load the hardware and software provided pursuant to this  Agreement.  5. Finance Evaluation and Assistance During Implementation  Prior tot the installation oft the accounting software, which may include Black Mountain software, the League's Finance Team ("Finance Team"), in consultation with the Municipality and the software Contractor, which may include Black Mountain Software, will determine the appropriate accounting software to be installed. League MAS representatives will further work with accounting software Contractor during the pre-implementation period to prepare the Municipality for conversion actions and assist the Municipality in adopting best practice options for the new  system.  6. Ongoing Cyber Security Consulting  Following the initial Security Assessment described in Section 1, the Security Team will consult with thel Municipality on an ongoing basis to assist with meeting the recommendations set forth in the assessment and municipal-related cyber security concerns that would typically be addressed  bya ChiefInformation Security Officer ("CISO"). 7. Accounting Assistance Efforts  During the term of this Agreement (as described in Article I, Paragraph 6 above), League Accounting Assistance personnel will provide the Municipality with ongoing assistance with accounting issues, review and assist with best practice accounting and finance processes, and generally assist the Municipality to be current with its bookkeeping and accounting. An emphasis will be placed on ensuring participating Municipalities are prepared for their annual audit. The implementation of best practices and timely preparation should improve the audit experience for  both the Municipality and the firm performing the audit.  8.  Communication Services  The League's ARP Communications Specialist will provide the Municipality with communications services to help document and describe how the Municipality utilized ARP/CSLFRF grant funding and the impact of those efforts on the community. Communication activities include, but are not limited to, conducting interviews of fmunicipal staff and officials, researching plans and investment strategies, verifying details of grant investments to deliver community outreach strategies and aj press conference.  13    River BendT Town Council Sept. 21, 2023F Regulars Session 22of22  6. Duties of thel Municipality  Thel Municipality: further agrees to: (1)givet thel League access to data managed by thel Municipality in order to, facilitate implementation of the Municipal Accounting Services and Cybersecurity Grant; (2) provide on-line "read only" access into the Municipal Accounting System by the League's Accounting Assistance personnel; (3) permit the League to contact applicable Contractor, including but not limited to Black Mountain Software, on behalf of the Municipality as needed to facilitate implementation of the League's Grants; (4) make reasonable efforts to maintain industry standards for cybersecurity, which may include allowing the League to perform security audits in the League's sole discretion; (5) if applicable, use the Standardized Chart of Accounts as provided in the accounting software installation; and (6) respond to all: requests from the League or Contractor, as applicable, to verify accuracy oft monthly invoices submitted to the League by Contractor for grant-funded services provided by Contractor on behalf of the  Municipality.  7. Duties of thel League Related to. Data Security  The League agrees to: (1) access only the Municipality's data that is necessary to implement the software; (2) restrict access tot thel Municipality's datat to designated League employees and agents;  and (3) take reasonable measures to safeguard the Municipality's data.  14