Page lof6  TUESDAY,SEPTEMBER 18, 2018  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 PM  COUNCIL PRESENT Mayor Johnnie Greene Clay Wilson Jeff Wilson Rebecca Johnson Keith Warren COUNCIL ABSENT Joe Norman  STAFF PRESENT Christopher Todd Terry Taylor Julie. A Good  CALL TO ORDER: Mayor Johnnie Greene called the meeting to order. INVOCATION: Councilman Clay Wilson gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Johnnie Greene led the Pledge of Allegiance.  ADOPT AGENDA: Mayor Johnnie Greene asked for a motion to adopt the September 18, Keith Warren made a motion, and Clay Wilson seconded, to adopt the September 18, 2018  2018 Agenda.  Agenda. All were in favor.  APPROVE AUGUST 21, 2018 REGULAR MEETING MINUTES: Mayor Johnnie Greene asked for a motion to approve the August 21, 2018 regular meeting minutes. Rebecca Johnson made a motion, and Clay Wilson seconded, to approve the August 21,2018  regular meeting minutes. All were in favor.  PUBLIC COMMENT: Mayor Johnnie Greene asked if anyone had any questions or  comments at this time.  Fred Lanford, 3512 Moore Acres Dr, wanted to talk about a high water bill.    September 18, 2018 Page 2 of6  RECOGNITIONS:  RECYCLE REWARDS WINNER: Mayor Johnnie Greene announced Mrs. Camilla Holsclaw as thé September Recycle Rewards winner. A credit of thirty-two dollars ($32.00)  will be added to her sanitation bill. No Council action was required. FINANCIAL MATTERS:  UNIFORM GUIDANCE PURCHASING POLICY: Town Administrator Christopher Todd stated that in order to best utilize federal funds, the Town needs to adopt purchasing policies in accordance with the Federal Uniform Purchasing Policy. This policy would impact all federal funding, including, but not limited to, grants and FEMA funding. Keith Warrèn made a motion, and Clay Wilson seconded, to adopt the Uniform Guidance  Purchasing Policy. All were in favor.  DISCUSSION:  NUISANCE ORDINANCE: Town Administrator Christopher Todd stated that the Town Council received an overview of the town's nuisance ordinances during the August Council meeting. At that time, it was determined that the Town Administrator would come back with possible ordinance amendments to allow for a wider variety of complaint applications. The current ordinance reads, "The Town Manager, upon notice from any person, on a pre- printed form to be provided by the Town Clerk, of the existence of any the conditions described in 91.01, shall be cause to be made by the appropriate County Health Department Official or Town Official, such investigation as may be necessary.."(91.02 Investigation). The suggested language would read as follows: "The Town Manager, upon notice from any person, on a standardized form to be provided by the Town Clerk, of the existence ofany the conditions described in 91.01, shall be cause to be made by the appropriate County Health Department Official or Town Official, such investigation as may be necessary..." (91.02 Jeff Wilson made a motion, and Clay Wilson seconded, to amended Nuisance Ordinance to read "standardized" form instead of"Pre-printed form". Rebecca. Johnson was in favor. Keith  Investigation).  Warren opposed.  VIDEO/AUDIO SURVEILLANCE POLICY AND PROCEDURE: Town Administrator Christopher Todd stated that the Town currently uses video/audio surveillance equipment to ensure the safety and security of all those that use the Town facilities. The Town does not    September 18, 2018 Page 3 of6  currently have a policy regarding the use of this equipment or the use ofa any actions seen on The purpose of this Video/Audio Surveillance Policy and Procedure is to implement and regulate the use of video/surveillance system used to monitor. and record Town owned and maintained public and restricted areas, when utilized with other security measures, for the purpose of ensuring the security and safety of facilities operated by the Town. Clay Wilson made a motion, and Rebecca Johnson seconded, to approve the Video/Audio  these cameras.  Surveillance Policy and Procedure. All were in favor.  PUBLIC COMMENT: No one wished to speak.  SEPTEMBER CODE ENFORCEMENT REPORT: There are fifteen (15) code  enforcement cases open:  Teresa Annas Compton is the owner ofa dilapidated house located at 4476 Sawmills School Road. Town Planner Becca Bleich stated that there was a hearing held on September 6, 2018. Owner did not show. Town can proceed with abatement; Carolyn Bray/Robyn Brittan, owner ofabandoned mobile home located at 2570 Baker Circle. Town Planner Becca Bleich stated that an Attorney has been appointed to the John "Jody" McRary, owner of 1956 Jody Drive. Freight container as storage structure. Town Planner Becca Bleich stated that Town Administrator and ownerl have agreed on a place for relocating the shipping container. The Town has determined which transport service will be utilized. Town Administrator can give ai timeframe for Jose Montes, owner 4321 Cherokee Court. High grass/junk vehicles. Town Planner Becca Bleich stated that she spot checked property on June 14, 2018. Still no proper driveway has ever been installed. Town Planner Becca Bleich stated that a letter was sent giving the owner thirty (30) days to install a driveway. The thirty (30) days are up onJuly 14, 2018, and homeowner will start to accrue fines if not compliant from that date. Town Planner Becca Bleich stated that another letter was sent on August 28, 2018, giving the home owner ten (10) more days. Town Planner Becca Bleich stated that she spot checked the property on September 11 and the homeowner was not in compliance. A letter outlining fees was sent. to homeowner on September 11, Janice Griffin, Trustee ofIona Griffin, 2148 OaktreeL Ln. Abandoned, partially burned apartment building. Town Planner Becca Bleich stated that the former Town Planner Leslie M. Meadows spoke with lead contractor Lewis Miller, of Lewis Miller Construction on March 8, 2018. Mr. Miller stated that he is still waiting for the report from the structural engineer to determine what's salvageable of what remains of the  estate and Terry Taylor with work with attorney;  relocation;  2018;    September 18, 2018 Page 40 of6  burnt structure. Once cleared to begin reconstruction, Mr. Miller anticipates six (6)t to eight (8) months for completion. Town Planner Becca Bleich stated that she sopt checked the buildings on August 21, 2018 and no progress seems to have been made. Town Planner Becca Bleich stated that she has called and left a message for Caldwell County Building Inspections to see ifa permit has been administered; Midland IRA, owner of57111 Dream View) Point. Nonconformingasessoy: structure. Town Planner Becca Bleich stated that she spot checked property in April. An accessory structure has been placed on the property before the principal structure has been constructed. Letter was: sent on May 23,2018 with a deadline to remove structure Chun Walker, owner of4125 Shoun Dr. Overgrown vegetation. Town Planner Becca Bleich stated that she spot checked property on August 9,2018. Town Planner Becca Bleich stated that the property is a little overgrown but not terrible. Town Planner Sandra Parlier, daughter of the owner of 4380 Sawmills School Rd. Overgrown vegetation. Sandra contacted Town Planner Becca Bleich requesting extension on foreclosure process. Town Planner Becca Bleich stated that a letter was sent on August 7, 2018, explaining the foreclosure process was initiated by Caldwell County but the nuisance violations would need to be abated within fifteen (15) days. Deadline is August 22, 2018. The owner did not comply and another letter outlining fees was Chaney Carter, owner of 4361 Sawmills School Rd. Overgrown vegetation. Town Planner Becca Bleich stated that a letter was sent on July 19, 2018, with a deadline of August 3, 2018. Town Planner stated that the nuisance was abated by the Town on August 10, 2018. Town Planner Becca Bleich stated that a lien will be placed on the property for the cost oft the mowing. Town Planner Becca Bleich stated that a hearing was held on September 6, 2018. The homeowner did not show sO the Town can Timberline Lumber Company, Inc., owner of 4219 US Highway 321A. Overgrown vegetation. Town Planner Becca Bleich stated that a NOV letter was sent on. July 19, 2018, with a deadline of August 3, 2018. Town Planner Becca Bleich also stated that an additional letter was sent by Town Attorney Terry Taylor on August 2, 2018 with ad deadline of August 17, 2018. The owner did not comply. Town Planner Becca Bleich stated that she is working with Town Attorney Terry Taylor to determine what Andrew and Bridget Dehart, owners of 4036 US Highway 321A. Rubbish. Town Planner Becca Bleich stated that a letter was sent on July 24, 2018, with a deadline of August 8, 2018. Town. Planner stated that the property has been cleaned. Case closed; Robert Hollar, owner of 2615 Mission Rd. Overgrown vegetation. Town Planner Becca Bleich stated that there was vegetation on the fence encroaching onto the neighbor's property. Town Planner Becca Bleich stated that a letter was sent on July 24, 2018, with a deadline of August 8, 2018. Town Planner Becca Bleich stated that she missed a call from the property owner requesting clarification and she called back and left a voicemail explaining the issue. Town Planner Becca Bleich stated that she  by June 7,2018;  Becca Bleich stated that she will continue to monitor the property;  sent with a deadline of September 21,2018;  proceed to demolish house;  steps to take next;    September 18, 2018 Page 5of6  has spoken with a business representative and a contractor has been hired to abate the issue. Town Planner Becca Bleich stated that she will continue to monitor; Gladys Green, registered owner of2624 Mission Rd, Overgrown vegetation. Town Planner Becca Bleich stated that a letter was sent on July 24, 218, with a deadline of August 8, 2018. Town Planner Becca Bleich stated that the letter was returned as undeliverable. Town Planner Becca Bleich stated that the property owneri is deceased and that Town Attorney Terry Taylor performed a title search and found address of Ms. Green's children. Town Planner Becca Bleich stated that she sent letters out to Ms. Green's children on September 6, 2018 with a deadline of September 16, 2018. Town Planner Becca Bleich stated that she spoke with Ms. Green's daughter and she was informed that the daughter stated she has no control over the property and doesn't know who does, but assumes it is her brother. Town Planner Becca Bleich was informed that Ms. Green's son recently had heart surgery and isn't sure how quickly Donald Street, owner of1747 Cajah Mountain Road. Rubbish and high grass. Town Planner Becca Bleich stated that a letter was sent on August 28, 2018 with a deadline of September 6, 2018. Town Planner Becca Bleich stated that the property has been Buck Poe, 4042 Clyde Drive. High Grass. Town Planner Becca Bleich stated that a letter was sent on September 6, 2018 with a deadline of September 16, 2018.  he will be able to attend to the issue;  cleaned and the grass has been mowed. Case closed;  No Council action was required.  COUNCIL COMMENT: Mayor Johnnie Greene asked if anyone on the Council had any Mayor Johnnie Greene wanted to thank everyone for coming out and hoped everyorie would come back. Mayor Johnnie Greene stated he hoped everyone was careful going home. Clay Wilson wanted to thank everyone for coming out. Clay Wilson also stated that he had  questions or comments at this time.  went by Oaktree Lane and the burned apartments have been tore down. Jeff Wilson wanted to thank everyone for coming out. Keith Warren wanted to thank everyone for coming out.  Rebecca Johnson wanted to thank everyone for coming out and hoped everyone would come  back.    September 18, 2018 Page 6of6  COUNCIL ADJOURN: Mayor Johnnie Greene asked for a motion to adjourn.  Keith Warren made a motion, and Clay Wilson seconded, to adjourn the meeting. All were  in favor.  SEAL LI COL acies  Good, Town Clok JULY.1,1936  -hun  Aiall    Town of Sawmills  Federal Uniform Guidance Procurement Policy  I Purpose  The purpose of this policy is to establish guidelines for when federal funds are being used, that meet or exceed the procurement requirements for purchases of goods (apparatus, supplies, materials, and equipment), services, and construction or repair projects when federal funds are being used in whole or in part to pay for the cost of the contract. To the extent that other sections of procurement policies and procedures adopted by Town of Sawmills are more restrictive that those contained in this policy, local policies and procedures shall be followed.  II. Policy  A. Application of Policy. This policy applies to contracts for purchases, services, and construction or repair work funded with federal financial assistance (direct or reimbursed). The requirements of this Policy also apply to any subrecipient of the funds. All federally funded projects, loans, grants, and sub-grants, whether funded in part or wholly, are subject to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for federal awards (Uniform Guidance) codified at 2 C.F.R. Part 200 unless otherwise directed in writing by the federal agency or state pass-through agency B. - Compliance with Federal Law. All procurement activities involving the expenditure of federal funds must be conducted in compliance with the Procurement Standards codified in2C.F.R. $200.317through 5200-326 unless otherwise directed in writing by the federal agency or state pass-through agency that awarded the funds. The Town of Sawmills will follow all applicable local, state, and federal procurement requirements when expending federal funds. Should the Town of Sawmills have more stringent requirements, the most restrictive requirement shall apply sO long as it is consistent with state and federal law. Contract Award. All contracts shall be awarded only to the lowest responsive responsible bidder possessing the ability to perform successfully under the terms and conditions of D. No Evasion. No contract may be divided to bring the cost under bid thresholds or to E. Contract Requirements. All contracts paid for in whole or in part with federal funds shall be in writing. The written contract must include or incorporate by reference the provisions required under 2 C.F.R S 200.326 and as provided for under 2 C.F.R. Part 200,  that awarded the funds.  the contract.  evade any requirements under this Policy or state and federal law.  Appendix!l.  Uniform Guidance Procurement Policy  Page 1    F. Contractors' Conflict of Interest. Designers, suppliers, and contractors that assist in the development or drafting of specifications, requirements, statements of work, invitation for bids or requests for proposals shall be excluded from competing for such requirements, in accordance with the Town's Conflict of Interest Policy G. Approval and Modification. The administrative procedures contained in this Policy are administrative and may be amended as necessary at with approval of the Town Administrator and Town Attorney to comply with state and federal law.  III. General Procurement Standards and Procedures:  Either the Purchasing Department or the Requesting Department shall procure all contracts A. Necessity. Purchases must be necessary to perform the scope of work and must avoid acquisition of unnecessary or duplicative items. The Purchasing Department and/or the Requesting Department should check with the federal surplus property agency prior to buying new items when feasible and less expensive. Strategic sourcing should be considered with other departments and/or agencies who have similar needs to B. Clear Specifications. Allsolicitations must incorporate a clear and accurate description of the technical requirements for the materials, products, or services to be procured, and shall include all other requirements which bidders must fulfill and all other factors to be used in evaluating bids or proposals. Technical requirements must not contain features Notice of Federal Funding. All bid solicitations must acknowledge the use of federal funding fori the contract. In addition, all prospective biddersorofferorsr mustacknowledge that funding is contingent upon compliance with all terms and conditions of the funding D. Compliance by Contractors. All solicitations shall inform prospective contractors that they must comply with all applicable federal laws, regulations, executive orders, and E. Fixed Price. Solicitations must state that bidders shall submit bids on a fixed price basis and that the contract shall be awarded on this basis unless otherwise provided for in this Policy. Cost plus percentage of cost contracts are prohibited. Time and materials contracts are prohibited in most circumstances. Time and materials contracts will not be used unless no other form of contract is suitable and the contract includes a "Not to Exceed" amount. A time and materials contract shall not be awarded without express written permission of the federal agency or state pass-througnagency that awarded the  ina accordance with the requirements of this Section oft the Policy.  consolidate procurements and services to obtain better pricing.  that restrict competition.  award.  terms and conditions of the funding award.  funds.  Uniform Guidance Procurement Policy  Page 2    F. Use of Brand Names. When possible, performance or functional specifications are preferred to allow for more competition leaving the determination of how the reach the required result to the contractor. Brand names may be used only when it isi impracticalor uneconomical to write a clear and accurate description of the requirement(s). When a brand name is listed, it is used as reference only and "or equal" must be included in the G. Lease versus Purchase. Under certain circumstances, it may be necessary to perform an analysis of lease versus purchase alternatives to determine the most economical H. Dividing Contract for M/WBE Participation. Ifeconomicallyf feasible, procurements may be divided into smaller components toallow/maximum participation of smalla and minority businesses and women business enterprises. The procurement cannot be divided to bring the cost under bid thresholds or to evade any requirements under this Policy. Documentation. Documentation must be maintained by the Finance Officer detailing the history of all procurements. The documentation should include the procurement method used, contracttype, basis for contractor selection, price, sources solicited, public notices, cost analysis, bid documents, addenda, amendments, contractor'sr responsiveness, notice of award, copies of notices to unsuccessful bidders or offerors, record of protests or disputes, bond documents, notice to proceed, purchase order, and contract. All documentation relating to the award of any contract must be made available to the Cost Estimate. For all procurements costing $250,000 or more, the Purchasing Department and/or Requesting Department shall develop an estimate of the cost of the procurement prior to soliciting bids and submit to the Town Administrator. Cost estimates may be developed by reviewing prior contract costs, online review of similar products or services, or otherr means by which agood faith cost estimate may be obtained. Cost estimates for construction and repair contracts may be developed by the project K. Contract Requirements. The Town Administrator will request the Town Attorney to prepare a written contract incorporating the provisions referenced in Section II.C oft this L. - Debarment. No contract shall be awarded to a contractor included on the federally M. Contractor Oversight. The Town Administrator or his designee will maintain oversight of the contract to ensure that contractor is performing in accordance with the contract  description.  approach.  granting agency uponrequest.  designer.  Policy.  debarred bidder's list.  terms, conditions, and specifications.  Uniform Guidance Procurement Policy  Page 3    N. Open Competition. Solicitations shall be prepared in a way to be fair and provide open competition. The procurement process shall not restrict competition by imposing unreasonaberegurements on bidders, including but not limited to unnecessary supplier experience, excessive or unnecessary bonding, specifying al brand name without allowing for "or equal" products, or other unnecessary requirements that have the effect of 0. Geographic Preference. No contract shall be awarded on the basis of a geographic  restricting competition. preference.  IV. Specific Procurement Procedures  Either the Finance Oficerand/orTown. Administrator will solicit bids in accordance with the requirements under this Section of the Policy based on the type and cost of the contract. A. Service Contracts (except for A/E professional services) and Purchase Contracts costing less than $10,000 shall be procured using the Uniform Guidance "micro-purchase" 1. The contract may be awarded without soliciting pricing or bids if the price of the 2. To the extent practicable, purchases must be distributed among qualified B. Service Contracts (except for A/E professional services) and Purchase Contracts costing $10,000 up to $90,000 shall be procured using the Uniform Guidance "small purchase" 1. Obtain price or rate quotes from an "adequate number" of qualified sources (a federal grantor agency might issue guidance interpreting "adequate number,"so the Requesting Department should review the terms and conditions of the grant award documents to confirm whether specific guidance has been issued). 2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers 3. Cost or price analysis is not required prior to soliciting bids. 4. Award the contract on ai fixed-price basis (a not-to-exceed basis is permissible for service contracts where obtaining a fixed price is not feasible). 5. Award the contract to the lowest responsive, responsible bidder.  procedure (2C.F.R. S 200.320(a)) as follows:  goods or services is considered to be fair and reasonable.  suppliers.  procedure (2 C.F.R. .5200.320(b)) as follows:  as required under 2 C.F.R. 52 200.321.  - Service Contracts (except for A/E professional services) and Purchase Contracts costing $90,000 and above shall be procured using a combination of the most restrictive requirements of the Uniform Guidance "sealed bid" procedure 2CHR.5200320land 2. Complete specifications or purchase description must be made available to all  state formal bidding procedures (G.S. 143-129) as follows: 1. Cost or price analysis is required prior to soliciting bids.  bidders.  Uniform Guidance Procurement Policy  Page 4    3. The bid must be formally advertised in a newspaper of general circulation for at least seven full days between the date of the advertisement and the date of the public bid opening. Electronic-only advertising must be authorized by the governing board. The advertisement must state the date, time, and location of the public bid opening, indicate where specifications may. be obtained, and reserve to the governing board the right to reject any or all bids only for "sound 4. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers 5. Open bids at the public bid opening on the date, time, and at the location noticed in the public advertisement. All bids must be submitted sealed. A minimum of2 6. Award the contract to the lowest responsive, responsible bidder on a fixed-price basis. Governing board approval is required for purchase contracts unless the governing board has delegated award authority to an individual official or employee. Any and all bids may be rejected only for "sound documented  documented reasons."  as required under 2 C.F.R. $200.321.  bids must be received in order to open all bids.  reasons."  D. Service Contracts (except for A/E professional services). costing $250,000 and above may be procured using the Uniform Guidance "competitive proposal" procedure (2 C.F.R. S 200.320(d)) when the "sealed bid" procedure is not appropriate for the particular type of 1. A Request for Proposals (RFP) must be publicly advertised. Formal advertisement ina a newspaper is not required 50 long as the method of advertisement will solicit 2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers 3. Identify evaluation criteria and relative importance of each criteria (criteria 4. Consider all responses to the publicized RFP to the maximum extent practical. 5. Must have a written method for conducting technical evaluations of proposals and 6. Award the contract to the responsible firm with most advantageous proposal taking into account price and other factors identified in the RFP. Governingb board  service being sought. The procedures are as follows:  proposals from an "adequate number" of qualified firms.  as provided under 2 C.F.R. S 200.321.  weight) in the RFP.  selecting the winning firm. approval is not required.  7. Award the contract on a fixed-price or cost-reimbursement basis.  E. Construction and repair contracts costing less than$10,000 shall be procured using the Uniform Guidance micro-purchase" procedure (2 C.F.R. $200.320(a)). as follows: 1. The contract may be awarded without soliciting pricing or bids if the price of the 2. To the extent practicable, contracts must be distributed among qualified  goods or services is considered to be fair and reasonable.  suppliers.  Uniform Guidance Procurement Policy  Page 5    F. Construction and repair contracts costing $10,000 up to $250,000 shall be procured using the Uniform Guidance "small purchase" procedure (2 C.F.R. S 200.320(b)) as 1. Obtain price or rate quotes from an "adequate number" of qualified sources (a federal grantor agency might issue guidance interpreting "adequate number," SO the requesting department should review the terms and conditions of the grant award documents to confirm whether specific guidance has been issued). 2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers 3. Cost or price analysis is not required prior to soliciting bids, although price  follows:  as required under 2 C.F.R. $200.321.  estimates may be provided by the. project designer. 4. Award the contract on a fixed-price or not-to-exceed basis. 5. Award the contract to the lowest responsive, responsible bidder.  G. Construction and repair contracts costing $250,000 up to $500,000 shall be procured using the Uniform Guidance "sealed bid" procedure (2C.F.R. $200.320(c)) as follows: 1. Cost or price analysis is required prior to soliciting bids (this cost estimate may be 3. Publically advertise the bid solicitation for a period of time sufficient to give bidders notice of opportunity to submit bids (formal advertisement in a newspaper is not required SO long as other means of advertising will provide sufficient notice of the opportunity to bid). The advertisement must state the date, time, and location of the public bid opening, and indicate where 4. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers 5. Open the bids at the public bid opening on the date, time, and at the location noticed in the public advertisement. All bids must be submitted sealed. A 6. A5%bid! bond is required of alll bidders. Performance: and payment bonds of 100% 8. Award the contract to the lowest responsive, responsible bidder. Any and all bids  provided by the project designer).  2. Complete specifications must be made available to all bidders.  specifications may be obtained. as provided under 2 C.F.R. $ 200.321.  minimum of2 bids must be received in order to open all bids. of the contract price is required of the winning bidder. 7. Award the contract on a firm fixed-price basis. may be rejected only for "sound documented reasons."  H. Construction and repair contracts costing $500,000 and above shall be procured using a combination of the most restrictive requirements of the Uniform Guidance "sealed bid" procedure (2 C.F.R. 5 200.320(c)) and state formal bidding procedures (G.S. 143-129) as 1. Cost or price analysis is required prior to soliciting bids (this cost estimate should 3. Formally advertise the bid in a newspaper of general circulation for at least seven full days between the date of the advertisement and the date of the public bid  follows:  be provided by the project designer).  2. Complete specifications must be made available to all bidders.  Uniform Guidance Procurement Policy  Page 6    opening. lectronlconyadvertsng must be authorized by the governing board. The advertisement must state the date, time, and location of the public bid opening, indicate where specifications may be obtained, and reserve to the governing board the right to reject any or all bids only for "sound documented 4. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers 5. Open the bids at the public bid opening on the date, time, and at the location noticed in the public advertisement. All bids must be submitted sealed and in paper form. A minimum of 3 bids must be received in order to open all bids. 6. A! 5% bid bond is required of all bidders (a bid that does not include a bid bond cannot be counted toward the 3-bid minimum requirement). Performance and payment bonds of 100% of the contract price is required of the winning bidder. 8. Award the contract to the lowest responsive, responsible bidder. Governing board approval is required and cannot be delegated. The governing board may  reasons."  as provided under 2 C.F.R. S 200.321.  7. Award the contract on a firm fixed-price basis.  reject and all bids only for "sound documented reasons."  Construction or repair contracts involving a building costing $300,000 and above must 1. Formal HUB (historically underutilized business) participation required under G.S. 143-128.2, including local government outreach efforts and bidder good faith 2. Separate specifications shall be drawn for the HVAC, electrical, plumbing, and general construction work as required under G.S. 143-128(a). 3. The project shall be bid using a statutorily authorized bidding method (separate- prime, single-prime, or dual bidding) as required under G.S. 143-129(a1). Contracts for Architectural and Engineering Services costing under $250,000 shall be procured using the state "Mini-Brooks Act" requirements (G.S. 143-64.31) as follows: 1. Issue a Request for Qualifications (RFQ) to solicit qualifications from qualified firms (formal advertisement in a newspaper is not required). Price (other than 2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers 3. Evaluate the qualifications of respondents based on the evaluation criteria 4. Rank respondents based on qualifications and select the best qualified firm. Price cannot be a factor in the evaluation. Preference may be given to in-state (but not 5. Negotiate fair and reasonable compensation with the best qualified firm. If negotiations are not successfully, repeat negotiations with the second-best  comply with the following additional requirements under state law:  efforts, shall apply.  unit cost) shall not be solicited in the RFQ. as provided for under 2C.F.R. $200.321. developed by the Town Administrator.  local) firms. qualified firm.  Uniform Guidance Procurement Policy  Page7    6. - Award the contract to best qualified firm with whom fair and reasonable compensation has been successfully negotiated. Governing board approval lisr not  required.  K. Contracts for Architectural and Engineering Services costing $250,000 or more shall be procured using the Uniform Guidance "competitive proposal" procedure (2 C.F.R. S 1. Publically advertise al Request for Qualifications (RFQ) to solicit qualifications from qualified firms formaladvertisementinanewspaper: risr not required). Price (other 2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers 3. Identify the evaluation criteria and relative importance of each criteria (the 4. Proposals must be solicited from an "adequate number of qualified sources" (an individual federal grantor agency may issue guidance interpreting "adequate 5. Must have a written method for conducting technical evaluations of proposalsand 6. Consider all responses to the publicized RFQ to the maximum extent practical. 7. Evaluate qualifications of respondents to rank respondents and select the most qualified firm. Preference may be given to in-state (but not local) firms provided that granting the preference leaves an appropriate number of qualified firms to compete for the contract given the nature and size of the project. 8. Price cannot be a factor in the initial selection of the most qualified firm. 9. Once the most qualified firm is selected, negotiate fair and reasonable compensation. If negotiations are not successfully, repeat negotiations with the 10. Award the contract to best qualified firm with whom fair and reasonable  200.320(d)5) as follows:  than unit cost) shall not be solicited ini the RFQ. as provided under 2 C.F.R. $2 200.321. criteria weight) in the RFQ.  number").  selecting the best qualified firm.  second-Dest qualified firm.  compensation has been successfully negotiated.  V. Exceptions  Non-competitive contracts are allowed only under the following conditions and with the written approval of the federal agency ors state pass-through agency that awarded the federal A. Sole Source. A contract may be awarded without competitive bidding when the item is available from only one source. The Purchasing Department and/or Requesting Department shall document the justification for and lack of available competition for the item. Asole source contract must be approved by the governing board. B. Public Exigency. A contract may be awarded without competitive bidding when there is ap public exigency. A public exigency exists when there is an imminent or actual threat to  funds:  Uniform Guidance Procurement Policy  Page 8    public health, safety, and welfare, and the need for the item will not permit the delay Inadequate Competition. A contract may be awarded without competitive bidding when competition is determined to be inadequate after attempts to solicit bids from a number ofs sources as required under this Policy does not result in a qualified winning bidder. D. Federal Contract. A contract may be awarded without competitive bidding when the purchase is made from a federal contract available on the U.S. General Services E. Awarding Agency Approval. A contract may be awarded without competitive bidding with the epreswitenautiontaston of the federal agency or state pass-through agency that awarded the federal funds sO long as awarding the contract without competition is  resulting from a competitive bidding.  Administration schedules of contracts.  consistent with state law.  Uniform Guidance Procurement Policy  Page 9    Prepared by: Terry M. Taylor, Attorney atI Law  NORTH CAROLINA CALDWELL COUNTY  TOWN OF SAWMILLS  VIDEO/AUDIO SURVEILLANCE POLICY AND PROCEDURE  1. Background  The Town of Sawmills ("Town") has established a priority to place video/audio surveillance equipment at Town facilities and on Town property (collectively, The Town has allocated funds to purchase surveillance equipment and has installed such  "Facilities").  equipment at its Facilities. 2. Purpose  The purpose of this Video/Audio Surveillance Policy and Procedure ("Policy") is to implement and regulate the use of Video/Audio Surveillance System used to monitor and record Town owned and maintained public and restricted areas, when utilized with other security measures, for the purpose of ensuring the security and safety of Facilities The need to ensure security and safety must be balanced with an individual's right to privacy. The purpose of this Policy is to establish procedures which are intended to achieve this balance. Specifically, this Policy addresses requirements and responsibilities  operated by the Town.  with respect to:  The installation and operation of Video/Audio Surveillance Systems at Town The use of the information obtained through Video/Audio Surveillance Systems on Custody, control, access to and retention of records created through Video/Audio  Facilities; Town Facilitates; and Surveillance Systems.  1  TOWN OF SAWMILLS-VIDEO SURVEILLENCE POLICY ANDI PROCEDURE  238152.3    3. Scope  This Policy governs the used of the Video/Audio Surveillance System equipment when utilized for the purpose of ensuring the safety of persons and property within Town Facilities, including such equipment when used for the deterrence and the investigation and  potential prosecution of criminal behavior. 4. Definitions/Terms  "Town Administrator" means the primary official with overall responsibilities for the Video/Audio Surveillance System, "Video/Audio Surveillance Systems," or "System" refers to any system or device that enables continuous or periodic video/audio recordings, observing or monitoring the interior or exterior of Town Facilities. This may include individuals entering or exiting Town Facilities, and includes the storage device used to  management and operations oft the Town programs, orl his designee.  store the recorded video/audio data. 5. General Principals  5.1. Management and Operations of Video/Audio Surveillance System  a. This Video Surveillance Policy will be administered and monitored by the Town Administrator or his designee. The use of a video/audio surveillance system to enhance security, including specific camera positions, is determined on the basis oft reasonable and justifiable grounds for the provision of employee and public b. The Town Administrator or his designee shall be responsible for  safety, as well as security the following:  Maintaining and annually reviewing the protocols for the installation, operation, and use of the Video/Audio Surveillance System used by the Town, and for the custody, control, access to and retention ofr records created; Ensuring that all proposed changés to the existing system or any newly proposed systems meet the requirements of this Maintaining the custody of all system records created. All records will be maintained for aj period of sixty (60) calendar days. Any records saved for specific purposes such  Policy prior to implementation;  2  TOWN OF SAWMILIS-VIDEOSURVEILLENCE POLICY ANDI PROCEDURE  238152.3    personnel action, incident/accident investigation, or litigation will be retained for as long as necessary; Ensuring the security of any records, from creation through Ensuring compliance with this Policy; Designating persons to operate the System and maintain a list of all persons designated to operate the System, and only those who have been designated may be permitted to operate Establishing an appropriate training program for the operation of the equipment, including responsibilities with respect toj protection of privacy and confidentiality.  final disposal;  the System; and  C. Designated staff are responsible for the following:  Ensuring, at the time of Facility inspections, that the camera LED light is lit solid and not flashing to insure that system is Refraining from loud playing of radios, or other devices that would interfere with the recording of audio data; Taking no action or allow others to take actions that would interfere with the proper functioning of the system; and Noting specifically the time and location of the occurrence, ifincidents do occur during the normal course of providing  operating;  service that is part of an investigation.  d. Access is limited to the following:  Individuals responsible for the operation or administration Individuals who have a legitimate need to access the information for one oft the purposes listed in the "Use of Information Collected" section of this Policy; Access means the Town staff may provide a summary of Ifrequired by North Carolina or Federal law, a copy ofthe  ofthe system;  the information collected. record may bej provided.  5.2. Appropriate and Prohibited Use  a. Itis the intention that information on the operation and use of Video/Audio surveillance systems at Town Facilities, as well as  3  TOWN OF SAWMILLS -VIDEOS SURVEILLENCE POLICY AND PROCEDURE  238152.3    the actual records created, will not be considered public record, as defined in N.C.G.S. $132-1 as the recordings are made for the  following purposes:  To document, monitor, and evaluate the actions of Town employees for use in performance evaluations; and suspension, disciplinary actions and terminations. Such recordings become part of confidential personnel files and are thereby protected as confidential information under Article 7,N.C.G.S. 126 and N.C.G.S. 160A-168; To deter criminal activity and assist public law enforcement agencies in apprehending wrongdoers. Such recordings become criminal investigation or intelligence records and are thereby protected as confidential information underN.C.G.S. 132-14; To assist public law enforcement agencies in criminal investigations; intelligence records; Innocence Inquiry Commission records, N.C.G.S.132-1.4; Toi investigate a critical bodily injury or injuries; To aid in the investigation of an insurance claim filed For security purposes and monitoring of Licensee and/or vendor activities for compliance with Town of Sawmills For security purposes or other reasons as allowed by North  against Town;  policies and procedures; and/or Carolina or Federal law.  b. Video/Audio Surveillance System shall not be used for:  Monitoring individuals based on characteristics of race, gender, ethnicity, national origin, sexual orientation, or Duplicating images or permitting access to others to surveillance images except as specifically permitted by this Using the equipment addressed in this Policy for viewing, recording, accessing or otherwise using the Video/Audio Surveillance System or images in any manner that is inconsistent with this Policy and/or outside the scope.  disability;  Monitoring intimate behavior;  Policy; or  4  TOWN OF SAWMILLS -VIDEOSURVEILLENCEPOLICY AND! PROCEDURE  238152.3    5.3. Procedures  a. Camera Placement  The Town will take all reasonable steps to mitigate any adverse effects on personal privacy. Camera placement has been assessed by law enforcement personnel. This process has developed a standardized placement and number of cameras to be used. b. Storage and Retention of Recorded Material  Video and audio obtained pursuant to this Policy must be stored in a secure location and configured to prevent their unauthorized access, modification, duplication, or destruction. Video and audio obtained pursuant to this Policy will normally be kept for no longer than sixty (60) days, unless a specifiç extension is requested in writing and approved, generally in pursuance of a criminal Chain of Custody: a chain of custody request form containing the following mandatory information must be completed and signed by an outside party requesting access to a record (See Attachment A  investigation.  incorporated herein by reference).  ****Records will only be given to parties who are granted access under North Carolina and Federal law.  As far as Town Facilities are concerned, recorded video/audio data is stored on the Town's hard drive. When the hard drive reaches capacity, the system will begin recording over the oldest recordings, thus destroying those records. The Town will save relevant recordings to a computer or server with sufficient capacity to manage the data. Consideration should be given to servers that can be backed-up daily or to external hard drives that can be removed and stored offsite, The' Town Administrator will use their best efforts to routinely monitor the system's health to insure that the system is properly functioning. This may include periodic The Town will use best efforts to monitor the volume of records downloaded daily to insure that the designated computer or server has ample record storage capacity. Records that have no value will be deleted by those personnel authorized to do SO. Records of value  rotation and reviewing of all hard drives.  will be stored in the system for future retrieval.  5  TOWNOF SAWMILLS-VIDEOSIDEOSURVEILLENCE: POLICY AND PROCEDURE  238152.3    Unauthorized Disclosure  Any employee of Town having knowledge of unauthorized access to or disclosure of a record must immediately inform the Town Failure to comply with this Policy, including any unauthorized access to or disclosure of information is cause for disciplinary action up to and including termination of employment. Records will be released only when requested by appropriate law enforcement personnel or for other reasons as authorized by law.  Administrator or his designee.  d. Signage  Appropriate signage will be placed in a visible conspicuous location in the interior and exterior of the Facilities that provides notification of the collection of personal information. The signage will advise all persons entering the Facilities that the interior and exterior of the Facilities are under video/audio surveillance. (See Attachment B incorporated herein by reference).  6. Duration and Effective Date  6.1. This Policy is revocable by the Town at any time and without notice.  6.2. This Policyi is effective upon issuance.  6  TOWNOF SAWMILLS VIDEOSURVELIENCE POLICY ANDI PROCEDURE  238152.3    Attachment A Chain of Custody  Date ofRecording Requested Name of Person Making Request  Time ofRequested Recording  Authorized Official Granting Permission for Record Access  Reason for. Allowing Access: (check) 126 and N.C.G.S. 160A-168.  J To perform performance evaluations; and suspension, disciplinary actions and terminations that are protected as confidential information under Article 7, N.C.G.S. L To assist public law enforcement agencies in criminal investigations; intelligence records; Innocence Inquiry Commission records, N.C.G.S.132-1.4. As required by North Carolina or Federal law. For security purposes as authorized by the Town Administrator,  Date/Time Access is granted  Content ofinformation for which access is given:  By signing below, I agree to only use the information contained in records released for the specific purposes stated above, and will not release the information to other parties without prior approval. I also agree to destroy the records when the records have met their useful purpose. Information from video/audio records received is not considered  public record under NC law and should be treated as such.  Signed Authorized Official  Date Date  7  TOWNO OF SAWMILLS-VIDEOSIDEOSURVEILLENCE POLICY ANDI PROCEDURE  238152.3    Attachment B Signage  NOTICE & ForY Your Salelyy youw wilb Ibersandedbyavideo suveilance systemy whichw wila alsol indudea audio NOTA Paras SuSeguridadu usteds seràg grabadolap poruns sistema dev vglancia quet tambiénir induye gabacônd dea audio.  recording.  8  TOWN OF SAWMILLS-VIDEO: SURVEILLENCE POLICY ANDI PROCEDURE  238152.3