Pagelof9  TUESDAY, AUGUST 16, 2011  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 P.M.  COUNCIL PRESENT Bob Gibbs Gerelene Blevins Beverly Fry Joe Norman Donnie Potter Joe Wesson  STAFF PRESENT Seth Eckard Susan Nagle Terry Taylor  CALL TO ORDER: Mayor Bob Gibbs called the meeting to order. INVOCATION: Mayor Bob Gibbs gave the invocation,  PLEDGE OF ALLEGIANCE: Mayor Gibbs led the Pledge of Allegiance. ADOPT AGENDA: Mayor Gibbs asked for a motion to adopt the agenda with the following changes: change line item 6 A-E to line item 7A-E, line item 7 A-E to line On a motion made by Joe Norman, and seconded by Joe Wesson, the agenda was adopted APPROVAL OF JULY 19th REGULAR MEETING MINUTES: Mayor Gibbs asked On a motion made by Joe Wesson, and seconded by Donnie Potter, the minutes were APPROVAL OF JULY 19th CLOSED SESSION MEETING MINUTES: Gibbs asked for a motion to approve the July 19, 2011 closed session meeting minutes. Mayor On a motion made by Gerelene Blevins, and seconded by Joe Norman, the minutes were  item 8. A-E, and line item 8 A-D to line item 6 A-D  with changes. All were in favor.  fora motion to approve the July 19,2011 regular meeting minutes.  approved. All were in favor.  approved. All were in favor.  APPROVAL OF JULY 28th SPECIAL MEETING MINUTES: Mayor Gibbs asked On a motion made by Beverly Fry, and seconded by Joe Wesson, the minutes were  for a motion to approve the July 28, 2011 special meeting minutes.  approved. All were in favor.    August 16, 2011 Page 2 of9  RECOGNITIONS:  SAWMILLS COMMUNITY OPTIMIST BABE RUTH 14 YEAR OLD ALL-STAR TEAM: Mayor Gibbs stated that the 14 year old youth all-stars are the State Champions for Western North Carolina and they had to go out and raise funds SO that the team could travel to Greenville, North Carolina and represent Sawmills in the tournament. Mayor Gibbs also stated the Town is proud of this team and would like to say "Thank you" by presenting them with a plaque and the winning banner, which will hang on the outfield fence at the Sawmills Baird Drive Park showing that they are State Champions  for Western North Carolina. No Council action is required.  RETIREMENT OF SOUTH CALDWELL CHRISTIAN MINISTRIES DIRECTOR: Mayor Gibbs stated that after thirty (30) years as the Director of South Caldwell Christian Ministries, Becky Barlow retired on Thursday, August 11, 2011. Mayor Gibbs presented Ms. Barlow with a certificate of appreciation and a gift card. Mayor Gibbs also stated that the Town of Sawmills would like to say "Thank you for all that you have done for our county and the help you have given to many people who were  ini need.  No Council action is required.  YARD OF THE MONTH WINNERS: Mayor Pro-Tem Gerelene Blevins stated that Carroll and Wilma Coffey from the 28630 zip code was the yard of the month winners and Councilwoman Beverly Fry stated Marty Greene from the 28638 zip code was the yard of the month winner for August. Mayor Bob Gibbs stated that both winners are unable to be here tonight but may pick up their picture and certificate at the Town Hall at  their convenience. No Council action is required.  RECYCLE REWARDS PROGRAM WINNER: Administrator Seth Eckard stated this is the third month for the Recycle Rewards Program and he would like to congratulate the Jason & Jennifer Lail family on winning the Recycle Rewards Program for August. Administrator Eckard stated they are unable to be here tonight but may pick up their certificate at the Town Hall at their convenience and they will receive a credit of twenty-  five dollars ($25.00) on their current sanitation bill.  No Council action is required,    August 16, 2011 Page3of9  PUBLIC HEARING: TEXT AMENDMENT CHANGE TO THE CODE OF OPEN PUBLIC HEARING: Mayor Gibbs asked for a motion to open the public On a motion made by Joe Wesson, and seconded by Donnie Potter, the public hearing STAFF RECOMMENDATION: Town Planner Emily Hines stated the Planning Commission would recommend the Council amend sections 153.005, 153.051(A) and (D), 153.052 (A) and (D), and 153.053(A) and (D) of the Town of Sawmills Code of Ordinances for the provisions on the location of accessory buildings. Planner Hines also stated the proposed amendment would allow swimming pools and accessory buildings in the side and front yard if there is over two acres of land and is at least seventy-five feet PUBLIC COMMENTS: Mayor Gibbs asked if there was anyone wishing to speak. Johnny Wilson asked how this compares to what the County does. Mike Harrison asked ifthe Board passes this and something is not exactly right, how would it affect the Town. CLOSE PUBLIC HEARING: Mayor Gibbs asked for a motion to close the public Onamotion made by Joe Norman, and seconded by Joe Wesson, the public hearing was COUNCIL ACTION: On a motion made by Joe Norman, and seconded by Joe Wesson, an ordinance to amend the text of the Sawmills Code of Ordinances sections 153.005, 153.051(A) and (D), 153.052 (A) and (D), and 153.053(A) and (D) was adopted. All PUBLIC HEARING: ADDITION TO THE CODE OF ORDINANCES:  ORDINANCES: hearing at 6:15p.m.  was opened. All were in favor.  from the road way.  hearing at 6:19 p.m. closed. All were in favor.  were in favor.  OPEN PUBLIC HEARING: Mayor Gibbs asked for a motion to open the public On a motion made by Donnie Potter, and seconded by Beverly Fry, the public hearing STAFF RECOMMENDATION: Town Planner Emily Hines stated the Planning Commission would recommend the Council amend sections 153.005, 153.051(A) and (B), 153.052 (A) and (B), and 153.053(A) and (B) of the Town of Sawmills Code of Ordinances. This allows residential dwellings with certain standards and requires a conditional use permit as well, also adding the definition of an accessory dwelling.  hearing at 6:20p.m.  was opened. All were in favor.    August 16, 2011 Page 4of9  PUBLIC COMMENTS: Mayor Gibbs asked if there was Trena Kirby asked if this just identifies what an  anyone wishing to speak.  would like to know ift this is something that is attached. accessory dwelling is. David Powell CLOSE PUBLIC HEARING: Mayor Gibbs asked for a motion to close the On a motion made by Joe Norman, and seconded by Donnie Potter, the  hearing at 6:30 p.m.  public  was closed. All were in favor.  public hearing  COUNCIL ACTION: On a motion made by Joe Norman, and seconded Donnie Potter, an ordinance to amend the Sawmills Code of Ordinances sections by 153.051(A) and (B), 153.052 (A) and (B), and 153.053(A) and (B) for an addition 153.005,  adopted. All were in favor. REQUEST FOR DONATION:  was  PROPOSED POLICY Administrator Eckard gave a brief overview for the Council on charitable donations in the budget. Administrator Eckard stated public and amount for the current fiscal year 2011-2012 budget was $5,500.00 that being set aside for the Sawmills Community Optimist Club and with $2,500.00 of received in January by Pepsi, and $1,000.00 set aside for South coming Caldwell from money Ministries for the town's financial assistance program. The town has far this year, which leaves $1,675.00 left for donations. The enclosed given $325.00 SO and W-9 forms are available at the Town Hall for anyone wishing to Administrator Eckard also stated that during the budget workshops, Council discussed placing a cap on the amount to consider giving for donation requests. Council discussed giving $150.00 and $250.00 for donation requests but nothing was voted on. After much discussion, Joe Wesson made a motion of $100.00 as the Blevins seconded. Those in favor were Joe Wesson and Gerelene cap Blevins. and Gerelene opposed were Beverly Fry, Donnie Potter, and Joe Norman for a 2-3 vote. did not carry. Joe Norman than made a motion of $150.00 as the Blevins seconded. All those in favor were Gerelene Blevins,  the original Christian funding request request a donation.  Those The motion cap and Gerelene carries by a 4-1 vote  and Joe Wesson. Those opposed were Donnie Potter. The motion Beverly Fry, Joe Norman,  to approve a cap on donations of$150.00.  DONATION TO SAWMILLS ELEMENTARY SCHOOL: The Town has request from Sawmills Elementary School for a donation. The donation received a On a motion made by Joe Norman and seconded by Joe Wesson, a donation  towards the purchase ofT-shirts for the accelerated reader  would go of $150.00  program.  was approved. All were in favor.    August 16, 2011 Page5of9  DONATION TO HELPING HANDS CLINIC, INC.: The Town has received a request from the Helping Hands Clinic, Inc. in the amount of $500.00 to help launch an Attorney Terry Taylor stated that this type of donation is not appropriate for the town. A DONATION TO FOOTHILLS SHRINERS CLUB: The Town has received a request Attorney Terry Taylor stated that this is not a Town purpose for the Town citizens and is Councilman Joe Wesson stated that the Rock Creek Coon Club has an online auction going on now and on August 27, 2011, the Foothills Shriners Club will host a BBQ 'and coonhound show/hunt at the Caldwell County fairgrounds. Council Wesson introduced Shane Snyder form the Foothills Shriners Club to speak on this matter as well. Mr. Snyder would like to see everyone come out and support the Rock Creek Coon Club and the Foothills Shriners Club in their efforts to raise money to benefit the children and also  evening clinic.  donation will not be given to the Helping Hands Clinic, Inc. for a donation of$100.00 from the Foothills Shriners Club.  not an allowable donation.  enjoy a dog show. FINANCIAL MATTERS:  CLOSED ACCOUNTS WITH PAST DUE BALANCES OPENED BY LANDLORDS: Administrator Eckard stated that a landlord may open up a new utility account in their name without a deposit even if there is an outstanding balance way overdue. Staff would recommend that landlords with an outstanding balance of over 90 This matter was tabled until the next regular Council meeting sO that Attorney Taylor and staff can do more research on what the Town may legally do in this situation. APPROVE CONTRACT WITH NCDOT: Administrator Eckard stated that upon approval ofa contract between the Town of Sawmills and the North Carolina Department of Transportation (NCDOT), re-imbursement from NCDOT to the Town would be made for the actual cost of labor and equipment used to mow the right of ways. Once the NCDOT Division of Engineer and the NCDOT Financial Management Division receives an itemized invoice within sixty (60) days of completing, the yearly mowing cycles and approved said invoice re-imbursement shall be made to the Town in an amount not to On a motion made by Joe Norman, and seconded by Donnie Potter, Council approved a contract between Town of Sawmills and NCDOT for a period of three (3) years effective  days be charged a deposit.  exceed $525.60 per re-imbursement cycle.  July1,2011. All were in favor.    August 16, 2011 Page 6of9  APPROVE CONTRACT WITH DISTINCTIVE HUMAN RESOURCES, INC.: Administrator Eckard stated upon approval of a contract with Distinctive Human Resources, Inc. in the amount of $500.00 and effective July 22, 2011, the Town will update the personnel policy handbook as this has not been done in several years. Administrator Eckard also stated all references have been verified and Distinctive Human Resources, Inc. has worked with other municipalities in North Carolina. On a motion made by Joe Norman, and seconded by Donnie Potter, a contract in the amount of $500.00 with Distinctive Human Resources, Inc. was approved. AlI were in BID AWARD FOR WATER DEPARIMENT SERVICE TRUCK: The town has received the following four (4) bids for a service truck for use by the Water Department.  favor.  Everett Chevrolet Buick GMC First Place Ford Paramount Ford Rooster Bush Chevrolet  $15,622.34 $14,042.01 $16,215.79 $16,405.41  Town Administrator Seth Eckard stated that First Place Ford was the low bidder on this project and there are sufficient funds in the budget, to cover this expenditure. On a motion made by Donnie Potter, and seconded by Gerelene Blevins, Council awarded the bid to First Place Ford in the amount ofs $14,042.01. All were in favor. APPROVE GATEWAY SIGNS: Mayor Gibbs stated that during the last meeting Council discussed the proposed gateway signs, and reviewed an invoice from Assurance Signs in the amount of$5,680.66 for the design and installation of the gateway signs. Administrator Eckard stated that during the budget workshops the Town was given a cost estimate for the signs and posts in the amount of about $6,000.00. After discussion, it was decided through committee meetings, that the rockwork would be done first and the sign put in there instead of having the posts come with the signs. The estimated cost associated with the rockwork was in the amount of $1,700.00 and could be cheaper due toa donation of some rock. It will cost the Town an amount of $2,000.00 to have the After much discussion, Council awarded the bid to Assurance Sign in the amount of $5,680.66 on a motion made by Donnie Potter, and seconded by Joe Wesson. All were in  current signs safely removed and relocate one to each town park  favor.    August 16, 2011 Page 7of9  DISCUSSION:  ADOPT AMENDED SAWMILLS COMMUNITY OPTIMIST CLUB CONTRACT: Administrator Eckard stated the Sawmills Community Optimist Club has approved an amended contract and will take over the parks advertisement program. Administrator Eckard also stated, that due to a lease agreement the Town has with Duke Power, some of the money raised at the Veterans Memorial Park must be given back to the Town to cover overhead. The amended contract states the Optimist Club will remit five percent (5%) of the advertising revenue and a monthly report fifteen (15) days within the end of each month for all signage placed at the Veterans Memorial Park. Ona a motion made by Donnie Potter, and seconded by Joe Norman, Council adopted the amended contract with the Sawmills Community Optimist Club. All were in favor. ADOPT CALDWELL COUNTY FLOOD PLAIN DAMAGE ORDINANCE: Mr. Terry Foxx, with the National Flood Insurance Program, recently contacted the Town and stated that the number two (2) provision of the original Caldwell County Flood Plain Damage Resolution/Agreement that the Town adopted On February 16, 2010, would need changed then re-adopted. Mr. Foxx stated that the Attorney General determined sometime ago that the words "any amendments thereto" connote "automatic adoption" and is not allowed in NC, thus requiring a change to state "is hereby adopted" and then On a motion made by Donnie Potter, and seconded by Beverly Fry, the Resolution/agreement for Caldwell County to administer the Town of Sawmills Flood RESIGNATION OF PLANNING COMMISSION MEMBER: Administrator Eckard stated that Planning Commission member Wesley Trivette has resigned leaving a vacant seat open. The two (2) members who serve as alternates have both given there consent to On a motion made by Gerelene Blevins, and seconded by Joe Norman, Council will appoint David Powell as the Planning Commission member. All were in favor. CODE ENFORCEMENT MONTHLY REPORT: The enclosed report shows the updated progress continuously made throughout the Town by Code Enforcement Officer  re-adoption oft the Kesolutionagreement.  Plain Damage Prevention Ordinance. All were in favor.  serve on the Planning Commission.  Tony Cline.  No Council action is required.    August 16, 2011 Page 8 of9  TOWN HALL RENOVATIONS: Administrator Eckard stated that an amount of $5,000.00 was included in this year's budget for renovations to the front office. The renovations would include raising and moving back the front counter allowing for more Councilman Joe Norman would like to get cost estimates on what it would cost to make the Town Hall more handicap accessible and to propose more renovations to include but After discussion Council will continue with the renovations to the front office included in the budget but will table any further discussion on any other renovations until the budget PARKS AND RECREATION DIRECTOR UPDATE: Parks and Recreation Director Benny Townsend updated Council on the attached report showing the ball programs at both the Baird Drive Park and the Veterans Memorial Park that took place this summer. ADMINISTRATORS REPORT: Administrator Eckard would like to announce the Third Annual Fall Festival will take place Saturday, September 24, 2011 from 10:00 a.m. to4:00 p.m. at the Baird Drive Park. Administrator Eckard stated there would be many new things there this year including food and craft vendors, and the addition of the Sawmills Community Optimist Club who will be holding a BBQ cook-off, and speaking Councilman Donnie Potter stated the contest cooker would sign up to cook and the culinary class from Caldwell Community College & Technical Institute will participate in the judging. Councilman Potter also stated all the proceeds rose in the event either would be given back to the Town monetarily for the Parks or would be used to upgrade the Mayor Gibbs stated that the Farmers Market is averaging five hundred (500) people a week. Mayor Gibbs has approached four (4) local churches, and they have stated the food banks are dwindling. Mayor Gibbs also stated that starting the second week in September the Farmers Market would hold a food drive every Tuesday with one church a week being there to collect non-perishables and any over abundance would go to South PUBLIC COMMENT: Mayor Gibbs asked if anyone signed up to speak during the David Powell stated that a previous Town employee was back in the hospital.  space in the lobby and safer money handling.  not limited to a drive-thru window.  workshop sessions for the fiscal year 2012-2013 budget year  on this will be Councilman Donnie Potter.  parks.  Caldwell Christian Ministries. public comment period.    August 16, 2011 Page 9of9  ADJOURN: Mayor Gibbs asked for a motion to adjourn.  On a motion made by Joe Wesson, and seconded by Gerelene Blevins, the meeting was  adjourned. All were in favor.  Smor Susan Nagle, Town ae  186 Bob Gibbs, Mayor    TOWN OF SAWMILLS  Bob Gibbs, Mayor  Seth Eckard, Town Administrator  Funding Request  NamepfOrganiration: Permanent Address: City: Contact Name:  Phone:  State:  Zip Code:  Amount Requested: Date Funds Needed:  Amount Needed for the Project:  Date Project Begins:  Completion Date:  Complete Description of Project:  How will the funds be used?  How will this project benefit the community!  Official Town Use Only  Date application received Date Approved  Date presented to Town Council  Denied  Amount Approved  Available Balance in Governing Body Donations Expense Acct:  Date Check Wricten  Check No.  Amount    Form W-9 (Rav. November 2005) Department ofl tne Treasury Inramal Revenue Servica  Request for Taxpayer  Give form to the requester. Do not send to the IRS.  Identification Number and Certification  ai Name (as shown on your income tax return) Business name, ifc differant fram above Check appropriate box: Sole proprietor Address (number, street, and apt. or suite no.) City. state, and ZIP cade List account numper(s) here (optlanal)  Individual/  Corporation  Partnership Other >  Exempt from backup withholding  Requester's name and address (optional)  8  Part! Taxpayer Identification Number (TIN)  Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1to avoid Social security number  backup withholding. For individuals, this is your soclal security number (SSN). However, for a resldent allen, sole proprietor, or disregarded entity, see the Part instructions on page 3. For other entities, itis your employer identification number (EIN). Ify you do not have a number, see How to get a TIN on page 3. Note. If the account is in mgre than one name, see the chart on page 4 for guidelines on whose  ###-##-### or Emplayer identification number  number to enter. Partll Certification Under penalties of perjury, certify that:  1. The number shown on this form is my correct taxpayer identification number (orl am waiting for a number to be issued to me), and 2. lam not subject to backup withholding because: (a) lam exempt from backup withholding, or (b)! have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withnolding as a result of a lailure to report all interest or dividends, or (c) thel IAS! has Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withhalding because you! nave failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (RA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must  notified me that lam no longer subject to backup withholding, and 3. lam a U.S. person (including a U.S. resident alien).  provide your correct TIN. (See the instructions on page 4.)  Sign Signature ot Here U.S. person > Purpose of Form  Date A  An individual who is a citizen or resident of the United AF partnership, corporation, company, or association created or organized in the United States or under the laws . Any estate (other than a foreign estate) or trust. See Regulations sections 301,7701-6(a) and 7(a) for additional Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withhoiding tax on any foreign partners' share of income from such business. Further, in certain cases where a presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding partnership conducting a trade or business in the United The U.S. owner of a disregarded entity and not the entity,  A person who is required to file an information return with the States, IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, inçome paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting It (the requester) and, when appliçable, to: 1, Certify that the TIN you are giving is correct (or you are 3. Claim exemption from backup withholding if you are a In3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively request your TIN, you must use the requester's form ifitis substantially similar to this Form W-9. For federal tax purposes, you are considered a person if you  of the United States, or information.  waiting for a number to be issued), U.S. exempt payee.  2. Certify that you are not subject to backup withholding, or Form W-9 has not been receivéd, a partnership is required to  share of partnership income.  connected income.  Note. If a requester gives you a form other than Form W-9 to withholding on its allocable share of net income from the  States is in the following cases:  are:  Cat. No. 10231X  Form W-9 (Rev. 11-2005)    Landlords with Outstanding Balances  *Benfield Park LLC (formerly Meadows Park LLC)-has outstanding balances from September 16, 2009 through the present-still owes $1,694.25 (instead of paying outstanding balances, Benfield Park LLC disconnected all of their open accounts on July25, 2011, with their tenants still living there)  *Steven Hamby d/b/a Spring Lake LLC-had 3 outstanding accounts from January 21, 2010 until. June 15, 2010 in the amount of $108.00--Mr. Hamby made all his accounts current when he called to the Town Hall and asked that Town Staff connect water in his name and was informed by Town Staff that until all  past due balances were paid no more water would be connected in his name  *Tim Hart (owns mobile homes on Leah Drive)-had 1 outstanding account from June 15, 2010 until June 28, 2011 in the amount of $16.00-Mr. Hart paid his past due balance when Town Staff added amount to  acurrent bill    Executive Summary  The Executive Summary is a summation of this agreement and is not intended to be used as the agreement between the Department (North Carolina Department of Transportation)  and the Party (Entity). Entity: Town of Sawmills County: Caldwell TIP/WBS Element:  WBS Element: 11.101415  Agreement ID # 2497    NORTH CAROLINA CALDWELL COUNTY NORTH CAROLINA DEPARTMENT OF TRANSPORTATION  MOWING AGREEMENT  DATE:7/1/2011  AND  WBS Elements: 11.101415  TOWN OF SAWMILLS  THIS AGREEMENT is made and entered into on the last date executed below, by and between the North Carolina Department of Transportation, an agency of the State of North Carolina, hereinafter referred to as the Department" and the Town of Sawmills, hereinafter referred to as the  "Municipality".  WITNESSETH:  WHEREAS, the Department has requested the Municipality to perform "routine" and/or "clean-up" mowing of vegetation with the State Highway System right of ways of WHEREAS, the Municipality has agreed to perform said mowing subject to the NOW THEREFORE, the parties hereto, each in consideration of the promises and the undertaking of the other as herein provided do hereby covenant and agree, each with 1. The Municipality, and or its contractor, shall provide the equipment, labor, materials, and traffic controls to perform said mowing services for locations shown on Exhibit "B". All work shall be performed in accordance with generally accepted horticultural practices, Departmental standards and specifications and the attached Exhibit "A". the requirements of this Agreement shall contain appropriate provisions regarding the utilization of Minority Businesses, Women Businesses, or Small Professional Services Firms(SPSF) as required by GS 136-28.4 and the North Carolina Administrative Code. The Department will provide the appropriate provisions to be contained in those contracts.  secondary and some primary roads. conditions hereinafter set forth.  the other as follows:  2.  Any contract entered into with another party to perform work associated with  Those provisions are available on the Department's website at: aaaGtaushihmpabtas  (A) No advertisement shall be made nor any contract be entered into for services  to be performed as part of this Agreement without prior written approval of the advertisement or contents of the contract by the Department. until such time as these requirements are met.  (B) Failure to comply with these requirements will result in funding being withheld  Agreement ID #2497  1    3. Itis the policy of the Department not to enter into any agreement with another that has been debarred by any government agency (Federal or State). The Municipality party certifies, by signature of this agreement, that neither it nor its agents or contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal or State Department or 4. This Agreement shall remain in effect for a three-year period, beginning July 1,2011 5. The Municipality shall complete the minimum number of mowing cycles consistent with the number of cycles mowed by the Department with the maximum per year reimbursement based on the number of cycles that the Department has mowed. 6. The Department shall reimburse the Municipality for the actual cost for labor and equipment not to exceed $525.60 per reimbursable cycle. Reimbursement shall be made in one final payment upon completion oft the yearly mowing cycles. The Municipality shall submit an itemized involce to the Department no later than sixty (60) days after completion oft the yearly mowing cycles. Failure to submit an invoice within sixty (60) days after completion of the final yearly mowing cycle will be a bar from reimbursement of that yearly mowing. Reimbursement shall be made upon approval of said invoice by the 7. The Municipality, and or its agent, shall maintain adequate records and documentation to support the work performed under this agreement and shall access to Its records by official representatives of the State of North Carolina. permit Furthermore, the Municipality, or its agent, shall maintain all pertinent records and documentation fora period of not less than five (5) years following the final audit by the Department. 8. At the end of the one year period, upon written mutual consent, this continue as written, with the understanding that the Department or the Municipality Agreement reserves shall the right to cancel this Agreement with a one hundred twenty (120) day written notice to the opposite party (see attached addendum). If the Municipality desires to continue service described in this agreement, the Municipality and the Department shall the mowing unlawful for any vendor or contractor (i.e. architect, bidder, contractor, G.S.S construction 133-32, it is manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the Governor's Cabinet Agencies (.e., Administration, Commerce, Correction, Crime Control and Public Cultural Resources, Environment and Natural Resources, Health and Human Safety, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the Services, Office  Agency.  through June 30, 2014.  Division Engineer and Financial Management Division.  Department's  free  the fee, if applicable.  re-negotiate  9. By Executive Order 24, issued by Governor Perdue, and N.C.  the Governor).  of  Agreement ID #2497  2    INV WITNESS WHEREOF, this Agreement has been executed, in duplicate, the day and year heretofore set out, on the part of the Department and the Municipality by authority  duly given. L.S. ATTEST: BYSak,  AOF  SEAL JULY1,1980  TOWN OF SAWMILLS BY: 84 TITLE: - MAROR DATE: sfah  TITLE. TOWNCAERK DATE; 8-17-11  "N.C.G.S. S 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered,  accepted, or promised by any employees ofy your organization."  SEAL  Federal Tax Identification Number: 56 1409679 Town of Sawmills Remittance Address; Town of Sawmills 4076 US Hwy 321-A Granite Falls, NC 28630  DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ADMINISTRATOR  BY: DATE:  Presented to Board of Transportation Item O:  (Date)  Agreement ID #2497  3    ADDENDUM  RE: Provision 8  The cancellation notice for THIS AGREEMENT has been amended and is not intended and should not be interpreted as new standard language for the cancellation notice of any other  Agreement with the Department.  Agreement ID #2497  4    EXHIBIT "A" DEFINITIONS:  "Routine Mowing" = The area to be mowed along each roadway shall be in conformance with previously established mowing patterns. Typical mowing patterns are attached. Generally, the area to be mowed is from the travelway to the shoulder point and one "swath" beyond in fill sections and from the travelway to the ditch line and one "swath" beyond in cut sections. A' "swath" is the width of cut for the mower being used and shall be a minimum of 5feet. Routine mowing also includes the mowing of sight distance areas at intersections,  interchanges, along curves, and sight distance at signs on freeways.  On divided highways, mowing in the median shall be performed in accordance with the  established mowing patterns.  "Clean-Up" Mowing - Mowing within the right of way which includes the area established for "routine" mowing extends beyond these limits generally to the right of way line ort to established mowing patterns. The areas included are shown on the typical mowing patterns included elsewhere in this proposal. Clean-up mowing includes the mowing of sight distance areas at intersections, interchanges, and along curves. On divided highways, mowing in the median shall be performed in accordance with established mowing patterns. "Additional" Mowing - Any mowing required to be done which is not part of routine or clean- up mowing. Additional mowing wl!l be performed only when and as directed by the  Engineer.  PROJECT SPECIAL PROVISIONS Mowing Height for this contract shall be six (6) inches. GENERAL INFORMATION:  Policy - It is the policy of the North Carolina Department of Transportation to maintain State Highway system roadsides in a pleasing and safe condition commensurate with the function and service rendered by individual highway segments. It is intended that grass height within established mowing zones will be maintained between the height shown in the Project Special Provisions and eighteen (18) inches along interstate, primary, major paved secondary, and urban routes, Along minor paved and unpaved secondary routes, grass  Agreement ID #2497  5    heights may exceed eighteen (18) inches for varying periods of time; however, safe sight  distances will be maintained.  Growth RegualorsyRelardants - The City's attention is direct to the fact that the Department may elect to use growth regulators/retardants on some sections of roadway. These sections will be identified to the prospective bidders at the Pre-Bid Conference. Generally, the need for mowing of these sections will be reduced during the mowing season. No payment will be made for mowing these sections unless mowing is specifically authorized by the Engineer. "Routine" Mowing - The mowing pattern along each roadway shall be determined by the  Engineer. Typical mowing patterns are attached.  "Clean-Up" Mowing - Mowing within the right of way which includes the area established for "routine" mowing and extends beyond these limits generally to the right of way line or to established mowing patterns. The areas Included are shown on the typical mowing patterns  that are attached.  Clean-up mowing includes the mowing of sight distance areas at intersections, interchanges, and along curves. On divided highways, mowing in the median shall be  performed in accordance with established mowing patterns,  Equipment - The City must demonstrate to the satisfaction of the Engineer that the mowing equipment to be used in the work is in good working condition and suitable for performing the work required. Mowers shall consist of a tractor equipped with rear mounted rotary or flail mower and a side mounted rotary, flail, or sickle mower. When used in combination, the mowers shall overlap. Rear mounted mowers shall be a minimum of 60" wide.  Mowers are to be equipped with shields which preclude foreign objects from being thrown out from the cutting unit enclosures. Tractors shall be equipped so as to conform to the prevailing Occupational Safety Health Act Standards. Tractors shall also be equipped with a minimum of two outside blinking amber lights, visible from both directions and one top of cab mounted amber rotating light, visible from both directions. The City must furnish, mount, and maintain a' "Caution Mower" sign or a "caution" sign on the rear of each mower. In  addition, the City shall display his company name or each tractor.  Agreement ID; #2497  6    Signing - The City will furnish and erect "Mowing. Ahead" signs which are to be kept appropriately spaced. The Engineer will determine the specific requirements for signing. A  detail for the "Grass Mowing Ahead" sign is attached.  Hours of Work- - The City's operations will be restricted to daylight hours and no work may be performed on Sundays and legal State holidays unless otherwise approved by the Engineer. Work shall only be performed when visibility conditions allow safe operations.  ENGINEER:  Engineer- - The Engineer for this project shall be the Division Engineer, Division of Highways, North Carolina Department of Transportation, for the Division in which the project is located, acting directly or through his duly authorized representatives.  Authority - The Engineer will decide all questions which may arise as to the quality and acceptability of work performed and as to the rate of progress oft the work; all questions which may arise as to the interpretation of the contract; and all questions as to the acceptable fulfillment of the contract on the part oft the City. He shall have the authority to alter mowing priorities in order to address special needs of the Department. His decision shall be final and he shall have executive authority to enforce and make effective such  decisions and orders if the City fails to carry out promptly.  Public Liability and Property Damage - The City shall take out and maintain during the life of this contract such public Liability and Property Damage Insurance as shall protect him and subcontractors performing work covered by this contract from claims for damage for property damages which may arise from operations under this contract. Whether such operations are done by himself or by a subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: Public Liability Insurance in an amount not less than $150,000 for injuries, including accidental death to any one person, and subject to the same limit for each person, in an amount not less than $300,000 on account of one accident, and Property Damage  Insurance in an amount not less than $150,000.  Agreement ID: #2497  7    Proof of insurance, as described above, shall be furnished to the Engineer prior to beginning  work.  Supervision - At all times that work is actually being performed, the City shall have available on the project one competent individual who has been authorized to act in a supervisory capacity over all work. The individual who has been so authorized shall be experienced In the type of work being performed and is to be fully capable of managing, directing, and coordinating the work; of reading and thoroughly understanding the contract; and of receiving and carrying out directions from the Engineer or his authorized representative. Prosecution of Work- The City will be notified by the Engineer as to when to begin operations for each cycle or portion thereof and for any additional mowing, the City shall begin work within five (5) working days after being notified. Any work performed prior to the time of notification by the engineer will not be included in any payment to the City. The City will be required to prosecute the work in a continuous and uninterrupted manner.  Operation of Equipment- - The City shall operate the equipment in a safe manner sO as not too create al hazard to the traveling public. Insofar as possible, the tractor wheels are to remain off the travelway during mowing operations. The equipment shall not be parked within the State Highway System right of way overnight or at other times when work has  been suspended, unless approved by the Engineer.  Responsibility for Damage Claims - The City shall indemnify and save harmless the Department of Transportation and its officers, agents, and employees from all suits, actions or claims by any character brought for any Injury or damages received or sustained by any person, persons, or property by reason of any act of the City, its agents or employees, in the  performing of the contract.  Protection and Restoration of Property - The City shall be responsible for the protection from his activities of all public and private property on and adjacent to the work and shall use everyreasonable precaution necessary to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits, and other underground structures, and to poles, wires, cables, and other overhead structures.  Agreement ID #2497  8    The City shall conduct his operations sO as to prevent damage to roadway delineators and signs. Should any essential sign (YIELD, ONE WAY, etc.) suffer more than minor damage, the Engineer, or his representative, shall be notified no later than the end of that working day. Damage to STOP signs shall be reported immediately. Such signs will be repaired or replaced by the Department at the City's expense. Damage to other signs, delineators, etc. may be repaired or replaced by the City subject to approval by the Engineer or they may be  repaired or replaced by the Department at the City's expense.  The City shall protect carefully from disturbance or damage all land monuments and  property markers.  The City shall be responsible for the removal, preservation, and resetting of all mail boxes disturbed by the mowing operations. The mail boxes and their supports, when reset, shall be left in as good a condition as they were prior to the mowing operation.  The City will be held responsible for all damage or injury to property of any character resulting from any act, omission, negligence, or misconduct in the prosecution of the work. When any direct ori indirect damage or injury is done to public or private property by oron account of any act, omission, negligence, or misconduct in the execution of the work, he shall either restore at his own expense such property to a condition similar or equal to that existing before such damage or injury was done, or shall make good such damage or injury in a manner acceptable to the owner of the damaged property and to the Department. In case of failure on the part of the City to restore such property or make good such damage or injury the Department may at the City's expense repair, rebuild, or otherwise restore such  property in such manner as the Engineer may consider necessary,  DEFAULT TO CONTRACT:  Declaration of Default - The Department shall have the right to declare a default of contract for breach by the City of any material term or condition of the contract. Material breach by the City shail include, but specifically shall not be limited to, failure to begin work under the contract within the time specified; failure to provide workmen or equipment adequate to  Agreement ID #2497  9    perform the work; unsatisfactory performance of the work, or failure to maintain satisfactory  work progress.  Sanctions - In the event of a breach of the contract by the City, the Department shall have the right, power and authority, in its sole discretion, without violating the contract or releasing the surety; to perform the work or any part thereof with Department personnel and equipment; to re-let the work upon such terms and conditions as the Department shall deem appropriate; to employ any other methods that it may determine are required for completion of the contract in an acceptable manner; and to withhold any sums due the City under the  contract without penalty or interest until the work is completed.  Notice- Before invoking any of the sanctions provided for herein, the Department, acting through the Engineer, will give the City at least seven (7) days written notice with a copy to the surety, which will set forth the breach of contract involved and the sanctions to be imposed. The Department, in its discretion, may grant the City time in excess of seven (7) days within which to comply with the contract terms and the time allowed will be set forth in writing. If the Department determines during such perlod that the City is not proceeding satisfactorily to compliance, it may impose the sanction after twenty-four (24) hours notice to the City. Ift the Department determines that the City is not in compliance at the end of the time allowed, it may Immediately impose any oft the sanctions set forth herein and will advise  the City, in Writing, with a copy to the surety of the sanctions imposed.  Payment - After declaration of default, the City will be entitled to receive payment for work satisfactorily completed, less any sums that may be due the Department from the City. The Department, at its election, may retain the sum due the City, or any portion thereof, without Interest or penalty, until the contract work is completed; or it may make payment to the City upon declaration. of default for work satisfactorily completed to the date that notice of default Isr received by the City. Determination of the method of payment shall be in the sole discretion of the Engineer, and he will advise the City, in writing, of his determination with  reference to the specific type of work or service to be performed.  Ifall costs or expenses incurred by the Department arising out of the breach and imposition ofs sanctions, together with the total cost to the Department of securing the performance of the work set forth in the contract, exceed the sum that would have been payable under the  Agreement ID # 2497  10    contract, the City and the Surety shall be liable to the Department for such excess and shall  pay such amount to the Department.  Authority of Engineer- The Engineer will exercise the powers and discretion vested in him by the contract conditions in carrying out the term of this article. He will have full power and authority to carry out any orders, directives, or resolutions issued by the Department in connection with a declaration of default. In the event that the Department fails to specify the sanctions to bei imposed, the notice to be given, or the method of completing the work, the Engineer may, in his discretion, impose such sanctions, give such notice, and select such methods of completing the work, as are authorized by this article, and: such actions shall have the same effect and validity as if taken pursuant to an express order, directive, or  resolution of the Department.  Obligations of City and Surety - No term or terms of this article and no action taken pursuant hereto by the Department of Transportation, its agent, or employees, will be construed to release or discharge the City or the Surety upon the obligation set forth in the contract bonds, and the City and the Surety shall remain bound thereon unto the Department until the work set forth in the contract has been completed and accepted by the Department and all obligations of the City and the Surety arising under the contract and contract bond have  been discharged.  INSPECTION, ACCEPTANCE, MEASUREMENT, AND PAYMENT  Inspection - All work shall be subject to inspection by the Engineer at any time. Routinely, the Engineer wllIl make periodic inspections of the completed work. Itwill be the responsibillty oft the City to keep the Engineer informed of his proposed work plan and to submit written reports of work accomplished on a frequency to be determined by the  Engineer.  Basis of Acceptance - Iti is intended that the work will be completed in a neat, workmanlike manner. Gapped or rolled down, uncut areas will not be considered acceptable. around structures, delineators, mail boxes, guardrail and sign posts shall be mowed to provide a neat appearance; however, the City will not be required to perform hand trimming.  Vegetation  Agreement ID# #2497  11    EXHIBIT" "B"  Roads to be mowed by Town of Sawmills  Road Number US321A SR1108 SR1108 SR1115 SR1122 SR1123 SR1127 SR1130 SR1205 SR1284  Road Name US 321A Lower Cedar Valley Mission Road Dry Ponds Sawmills School May Road Horseshoe Bend Cajah Mountain Road Cannon Road Spartan Drive  Mileage (Road Miles) 2.50 miles 1.10 miles 1.20 miles 2.10 miles 2.10 miles 1.20 miles 1.40 miles 1.80 miles 0.10 miles 1.10 miles  Total  14.60 miles  Agreement ID #2497  12    STATEOF NORTH CAROLINA  DEPARTMENTOT TRANSTORTATION  DBEMBE WBE REPLACEMENT REQUEST FORM  The North Carolina Department of Transportation (NCDOT) is committed to the participation of Disadvantaged, Minority and Woman Business Enterprises (DBE/MBE/WBE), in accordance with 49 Code ofFederal Regulations (CFR). Itis the policy ofNCDOT contructing to ensure nondiscrimination opportunities in on the basis of race, color, sex or national origin in the awarda and administration of the contacts. In accordance with the Special Provisions the Contractor shall not terminate a committed DBE/MBE/WBE subcontractor for convenience or perform the work with its own forces or those of an affiliate. Reasonable methods to resolve performance disputes must be applied. The contractor must demonstrate reasonable efforts to replace a committed DBE/MBE/WBE firm that does not perform as intended with another committed MBE/WBE firm. Replacement of a DBE without written approval from NCDOT is a violation contract DBE/ provisions and may result in thc Contractor being disqualified from bidding for a period of up to 6 months. of  Contract Number: DBE/MBE/WBE beingt replaced: Explanation for Replacement: Subcontract Amount: Amount of Subcontract Remaining: Line Items:  Ifal DBE/MBE/WBE subcontractor is terminated, or fails to complete its work on the contract for the prime contractor will make good faith efforts to find another DBE/MBE/WBE subcontractor to any reason, for the original DBE/MBE/WBE. These good faith efforts shall be directed at finding another DBE substitute at least the same amount of work under the contract as DBE/MBE/WBE that was terminated, to to the perform extent  needed to meet the contract goal established for the project Isthisa al NCDOT Certified DBE/MBE/WBE contractor? Yos  Replacement Contractor:  No  By signing this document, the Contractors and Resident Engineer who is the designated representative NCDOT, concurs with the process of replacing ther named DBE/MBE/WBE subcontractor.  of  DBE Contractor Signature Prime Contractor Signaturo Resident Engineer Signature Upon Completion Send to: Division Engineer State Construction Engineer State Contractor Utilization Engineer Business Opportunity and Workforce Development  Date Date Date  Cc:    INSTRUCTIONI FOR SUBMITTALOF DBEMBE/WBE REPLACEMENT REOUEST FORM  (IN ADDITION TO SUBMITTING THIS FORM, THE COMTRACTADMNSTRATOR MUST MAKE SURE THE FOLLOWING ADDITIONAL STEPS ARE SATISFIED.) 1. Prior to starting the replacement process, the prime contractor is responsible for coordinating with the DBE/MBE/WBE subcontractor to see If they are wifling and 2. Ifthe DBE/MBEAWBE subcontractor cannot perform the work, the Contract Administratorwi! coordinate with the State Contractor Utilization Engineer to begin the DBE/MBEWWBE replacement process. The State Contractor Utilization Engineer will work with the Business Opportunity and Workforce Development 3. The Contract Administrator will make. sure the Prime Contractor. has submitted all supporting documentation for DBE/MBE/WBE replacement. Letters, emalls or any other correspondence between the Prime Contractor, the DBE/MBEWBE subcontractor, and the Contract Administratorwi! be considered. supporting documentation. This documentation must provide valld reason(s) for replacement (i.e. performance Issues, no longer In business). Prime Contractors cannot replace for convenience or perform the work with Its own forces or those of an afflliate. 4. The Contract. Administrator will make sure the DBEMBE/WBE subcontractorhas 5, Ifthe Prime Contractor Is glven approval by the Contract. Administrator to replace a DBE/MBEMWBE subcontractor, the Contract Administrator will submit all documentation of Good Falth required of the Prime Contractor (Phone logs, emalls, any other documentation to support a Good Faith Effort) to the State Contractor Utilization Engineer, The Prime Contractor. shall be made aware that he/she needs to make a Good Falth Effort to replace a DBE with a DBE on federal contracts, On state funded contracts Good Falth Efforts shall be made to replacea 6. Signature lines on form: Ideally, the form should contain the signature of the original DBEMBEWWBE subcontractor, However, Ifthis Is not possible (l.e. the DBEMBEMBE will not sign), then documentation supporting the decision and acknowledgement of the reasons for replacement by the DBE/MBEAWBE 7: - A copy of the replacement documentation and the form should be sent to the State Contractor utilization Engineer In the Contractual Services Unit,  able to perform the work as Indicated in their contract.  Unit.  been notified and Is aware of the replacement requests.  MBE with al MBE, and a WBE with a WBE.  subcontractor: should be attached.    FORM! RS-1-A REV.2-28-97  DBE MB_ WB NONE_ SPECIALINSURANCE YS__NO  REQUESTFORSURCOMTRACTNIMBER  PROJECT NO.: CONTRACTI NO.:  F.A.NO.: T.I.P.NO,:  COUNTY:  APPROVAL IS REQUISTIDTOSURLETTNE: FOLLOWINGITEMS OF WORK ON THIS PROJECTTO:  (Subconraclor, Name ad Address)  LINE CODENO,  ITEM DESCRIPTION  QUANTITY UNIT UNIT  AMOUNT  PRICE  Total:  Indicates al Portion of the Item e) This Portion tol be completed by the Resident Enghneer: (I)Total Original Contract Amount (2) Total Specialty Items Subict (3)! Non-Spec, Items Sublet to DBE/MB/WB (4)Total Sublet (Grand Total) SUBMITTED BY: CONTRACTOR: BY: TITLE:  Indicates al Partial Item () (5) Difference (1-(2+3)) (6)! Percent by Prime ((I-4)5) (7) Threshold Check ((1-4)/(1-2))  APPROVED:  Resident Engineer  Date  Approved with the understanding that the Contractor will be responsible for the satisfactory performance and in compliance with the terms ofthe contract and that all payments will be madedirectlyt to the Contractor. completion ofthe work  INSTRUCTIONS ON BACK R-191    INSTRUCTIONS) FORCOMPLETING "REQUEST BICEXCChNENsN  1. Fill out the blank portions oft the "Request for Subcontract" (Form RS-1-A), except for those items 2. When the proposed Subcontractor isa certified DBE, MB, or WB Subcontractor, an' "X" shall be marked in thes space to the right of the appropriate designation. When the proposed Subcontractoris neither a certified DBE, MB, or WB Subcontractor, an' "X" shall be marked in the space to the right of 3. When railroad insurance is required for the performance oft the subcoutracted work, an' "X" shall be marked in the space marked "YES" to the right of "Special Insurance." When railroad insurance is not required, an' "X" shall be marked "NO" to thet right of "Special. Insurance." 4. Units ofmeasure. shown on the "Request for Subcontract" (Form RS-1-A) shall be the same as those shown in the Department's contract, Any conversions that are necessary to satisfy this requirement 5. When only a portion of the quantity ofan item is to be sublet, the physical limits of the sublet quantity shall be identified andi indicated by the symbol 0. The unit price for each item of work shall be the When a Subcontractor is toj perform all tha work involved in tho contract item, then the unit for sublet, the unit price may be less than the contract price, However, the part of the contract item to be performed by the Subcontractor shall be identified and indicated by the symbol Q. 7. When any items requested to be sublet have been previously included in an approved subcontract, the following statement shall be included above the listing of these items: "The following items are The' "Subcontract Certification" (Form RS-1-C), must be completed and attached for all projects. 9. Complete and attach DBE/MB/WB Subcontract Certification" (Form RS-1-D) when the proposed Subcontractor is either a certified DBE, MB, or WB: Subcontractor. In lieu of submitting the completed "DBE/MB/WB Subcontract Certification" (Form. RS-1-D), a copy ofthe actual subcontract agreement between the Contractor and the Subcontractor can be submitted, 10. The prime Contractor shall sign the agreement and submit the original "Request. for Subcontract" (Form RS-1-A), along with the required' "Subcontract Certification" (Form RS-1-C), and when required, the' "DBE/MB/WB Subcontract Certification" (Form) RS-1-D), to the Resident Engineer.  noted to be completed by Resident Engineer.  "NONE." One ofthe fours spaces shall be marked with an' "X."  shall be the responsibility oft the Contractor, same as the Department's contract unit price.  subcontracted thes  item must be the same as the contract price. When only a part the work: is price to be  deleted from Subcontract Request No. "  being  R-192    FORM RS-1-8 REV, 2-28-97  DBE_ MB_ WB NONE SPECIAL INSURANCE: YES__NO  REQVESTFORSUECONNTRACTNIMBER  PROJECTNO.: CONTRACTN NO.:  F.A.NO.: T.I.P.NO.:  COUNTY:  APPROVALISI REQUESTED TO SUBLET THE FOLLOWINGI ITEMS OF WORK ON THIS PROJECT: TO:  (Secoud Tier Subcontractor, Naue ad, Address)  LINE CODE! NO.  ITEM. DESCRIPTION  QUANTITY UNIT UNIT  AMOUNT  PRICE  Total:  Indicates a) Portion of the Item () SUBMITTED BY: SUBCONTRACTOR: BY: TITLE: APPROVAL RECOMMENDED BY: CONTRACTOR: BY: TITLE:  Indicates al Partial Item () APPROVED:  Resident Engineer  Date  Approved with the understanding that the Contractor willl be responsible for the satislactonyperiormance. and completion of the worki in compliance with the terms of the contract and that all payments willl be made directly to the Contractor.  INSTRUCTIONS ON BACK R-195    INSTRUCTIONS FOR COMPLETING  "REOUESTE FOR SECOND TIER SUBCONTRACT" (FORMS RS-1-B)  1. Fill out the blank portions of the "Request for Second Tier Subcontract" (Form RS-1-B), except for 2. When the proposed Subcontractor. is a certified DBE, MB, or WB Subcontractor, an' "X" shallbe marked int the space to the right oft the appropriate designation. When the proposed Subcontractor is neither a certified DBE, MB, or WB Subcontractor, an' "X" shall be marked in the space to the of 3. When railroad insurance is required for the performance oft the subcontracted work, an' "X" shall be marked in the space marked "YES" to the right of "Special Insurançe." When railroad insurance is not required, an *X" shall be marked "NO" to the right of"Special Insurance." 4. Units of measure shown on the "Request for Second Tier Subcontract" (Form RS-1-B) shall be the same as those shown in the Department's contract. Any conversions that are: necessary to satisfy this 5. When only a portion of the quantity of an item is to be sublet, the physical limits of the sublet shall be identified and indicated by the symbol 0. The unit price for each item of work shall be quantity the When a Subcontractor is to perform all the work involved in the contract item, then the unit price for the subcontracted item must be the same as the contract price. When only a part the work ist tobe sublet, the unit price may be less than the contract price. However, the part oft the contract item tol be performed by the Subcontractor shal! be identified andi indicated by the symbol(). 7. More than one sheet may be used to list the items to be sublet but cach sheet used must be The' "Subcontract Certification" (Form RS-1-C), must be completed and: attached for all projects. 9. Complete and attach DBE/MB/WB Subcontract Certification" (Form RS-1-D) when the proposed Subcontractor is either a certified DBE, MB, or WB Subcontractor, Inl lieu ofs submitting the completed "DBE/MB/WB Subcontract Certification" (Form RS-1-D), a copy of the actual subcontract agreement between the Contractor and the Subcontractor can be submitted. 10. The prime Contractor shall: sign the agreement and submit the original "Request for Subcontrac!" (Form RS-1-A), along with the required "Subcontract Certification" (Form RS-1-C), and when required, the "DBE/MB/WB Subcontract Certification" (Form RS-1-D), to the Resident Engineer.  those items noted to be completed by Resident Engineer,  "NONE." One ofthe four spaçes shall be marked with an' "X."  right  requirement shall be the responsibility of the Contractor, same as the Department's contract unit] price.  consecutively numbered.  R-196    Form RS-1-C REV.2-28-97  SUBCONTRACT CERTIFICATION  Complete for All Projects: Project Number: 3. Contractor: 5. Date ofSubcontract:  2. County: 4. Subcontractor:  Complete for Non-Federal-Aid Projects Only:  6,  certify that:  (a) The Subcontract Agreement is in writing. (b) Thave made contact with potential Minority Business and Women Business Subcontractors and aflrmativelysolicited their interest, capability, and prices in conjunction with this Subcontract and have documented the results ofs such  contracts.  Complete for Federal-Aid Projects Only:  7. Federal-Aid Number: 8. I  certify that:  (a) Tho Subcontract Agreement is in writing. (b) Ihave made contact with potential Disadvantaged Business Enterprise Subcontractors and affirmatively solicited their interest, capability, and prices inc conjunction with this Subcontract and have documented the results ofs such contacts. (a) Notice conceming certification ofr non-segregated facilities. (b) Form FHWA (c) "Specific Equal Opportunity (d) "Training Special Provisions." Responsibllties." (e) All other required Federal-Aid regulations contained in the contract.  9, The following items are applicable tos subcontracts of $10,000.00 or more on projects that contain Federal- Aid Regulations andl have been attached to and made  "Required Contractor Provisions."  a part oft this Subcontract:  Çomplete for All Projects:  Contractor's Representative Kepresentatiye'sTitle  Date  INSTRUCTIONS ON BACK R-197    INSTRUCTIONS FORCOMPLETING SUBCONTRACTCERTIEICATION" (FORM RS-1-C)  1. The Project Number as shown on the contract. 2. The County as shown on the contract.  3. The name of the Contractor or Subcontractor subletting the work. 4. The name of the Subcontractor to whom the work is being sublet. 5. The date the subcontract is executed by the Contractor. 6. The name of the Contractor subletting the work. 7. Thel Federai-Aid) Number shown on the contract. 8. The name of the Contractor sublelting the work.  9. Self-explanatory.  R-198    DISTINCTIVE HUMAN RESOURCES, INC. 130 North Steele Street, Suite E Sanford, NC 27330 919-774-7433 919-774-7703 (fax)  7/15/2011  VIA Email: kribst-dtomaawmil.sem  Ms. Kim Trivette Office Manager Town of Sawmills Dear Kim,  We are pleased toj provide the enclosed Agreement for Services and our participation in assisting you and the Town of Sawmills to: Ifyou find this agreement acceptable, please return one (1) mail, email or fax (to9 919-774-7703). We will return files, We feel very comfortable in our ability to  look forward to increasing strengthen your Human copy us for our signature via an original executed copy to you for your provide a level of service that will exceed your  Resources program.  to  expectations.  We appreciate the opportunity to d provide you with this forward to a continued and mutually rewarding meantime, feel free to call me ifyou have  proposal for services. We look experience with the Town of Sawmills. In the  any questions.  Regards,  David D. Siler, SPHR, GPHR Managing Partner Enc.    DISTINCTIVE HUMAN RESOURCES, INC. 130 North Steele Street, Suite E Sanford, NC 27330 919-774-7433 919-774-7703 (fax)  Date: 07/14/2011  AGREEMENT FOR SERVICES  This Agreement made by and between Distinctive Human Resources, Inc. hereinafter referred to as DHR, Inc. with offices at 130 North Steele Street, Suite E, Sanford, NC: 27330 During the term of this Agreement, DHR, Inc. will furnish consulting services and advice as agreed upon by the client. The services and advice will relate to work being done or planned by the client in the field ofHuman Resources, willl be within the scope of DHR, Inc.'s area of DHR, Inc. will provide you- with a revised and updated draft and up to two revisions ofan Our proposal is Sudi Sakurada, SPHR, GPHR will coordinate the accomplishment of these Our fees for providing these services are as follows. These fees are all-inclusive.  and the Town of Sawmills with an effective date ofJuly 22, 2011.  competence and will specifically include the following:  Personnel Policy Manual.  services.  Personnel Policy Manual Update  $500  Reimbursement for expenses or compensation for services not covered by this proposal will be mutually agreed upon in advance by both parties. Iti is not anticipated that any additional funds Information and advice given to the Town of Sawmills by DHR, Inc. is to be considered information only and should not be considered as legal advice. Principals ofDHR, Inc. are not The Town of Sawmills will reimburse DHR, Inc. for all authorized expenses incurred in connection with the furnishing of services under this Agreement. This excludes normal day-to- day business expenses incurred in the performance of DHR, Inc.'s duties. Compensation for services not covered by this Agreement will be mutually agreed upon in advance by an  be required for the above projects.  attorneys and should not be viewed as such.  authorized officer of the Town of Sawmills and DHR, Inc.    Either party may terminate this Agreement immediately upon written notice. Ifthis agreement is terminated by either party, the Town of Sawmills shall only be liable for payment of fees This Agreement is subject to and shall be interpreted in accordance with the laws of the State of  and expenses incurred prior to the effective date oft the termination.  North Carolina. RA By:  Title  sfa!i Date/  By: David Siler of DHR, Ine., President and Managing Partner  Date    Attachment:  Distinctive Human Resources, Inc. is a full-service HR Consulting firm that specializes in providing support and service to small-to-mid-sized organizations. DHR was incorporated in January, 1997 by David D. Siler, SPHR, GPHR. The vision was to provide part-time HR services to small businesses that did not need or could not afford a full-time HR professional DHR is an independent consulting firm that provides only human resources related services to its clients. DHR does not sell any products or receive any compensation from any sources Each ofDHR's staff of professionals average 20 years of experience. All members of DHR's staff are certified professionals by the Society ofHuman Resource Managers (SHRM). All members ofDHR's team are HR Generalists with specialty components ofs skill and  on-staff.  other than the clients who engage its services.  knowledge.  Based in Sanford, DHR has been serving clients throughout the Carolinas. The company has developed a diverse base of employers including; professional firms, manufacturers, municipalities, automobile dealerships, country clubs, membership organizations, financial Information and advice given to the Town of Sawmilis by DHR, Inc. is to be considered information only and should not be considered as legal advice. Principals of DHR, ,Inc. are not DHR is a financially solvent organization. It has never had to use a loan or line of credit to meet operating expenses. DHR uses the Accounting firm ofTodd, Rivenbark & Puryear, PLLC to perform its accounting functions. Nolan Williams is a Manager of their Sanford, NC Office with that firm and can account for DHR's financial and tax stability.  institutions, etc.  attorneys and should not be viewed as such.  Nolan Williams Todd, Rivenbark & Puryear, PLLC 1622 South Third Street Sanford, NC27330 Phone: (919)718-5007 Fax: (919)718-5008  DHR maintains a banking relationships with Capital Bank. Listed below is the contact who can  confirm the company's financial stability.  Mr. Andy Shene, Regional President  Capital Bank 130N. Steele St. Sanford, NC 27330 919-775-4000  email: Asrenegrepualban-necom  DHR is not currently or has never been involved in any litigation ofany kind concerning the  performance of any project or consulting advice provided to a client.    Ins summary, when DHR is engaged, the client gets not just one HR professional but access to  many with a complete and deep understanding ofHR practices.    DHR PERSONNEL  Primary contact: Sudi Sakurada, SPHR & GPHR is a Partner with the firm. She bachelors degree in Sociology from Oklahoma State University and an MBA from Western holdsa State College. She is certified as a "Senior Professional in Human Resources" "Global Professional in Human Resources" by the Society of Human Resource (SPHR) Managers and (SHRM). She has over 20+ years ofHR experience and has been with DHR since 1998. Secondarycontact: David D, Siler, SPHR, GPHR is the Managing Partner of DHR, Inc. He will oversee the execution ofthe terms of this agreement. David has 25+ years ofs senior level HR experience. He is a degreed CounselorPsychologist (Masters). He is certified as a Professional in Human Resources" (SPHR) and "Global Professional in Human Resources" "Senior the Society of Human Resource Managers (SHRM). He is a former state board SHRM and has held several chairmanships of different county and regional Personnel member of Associations. He is an award winning lecturer and speaker on various HR-related currently holds positions as a speaker for such prestigious organizations as: UNC-Charlotte, topics Capital Associated Industries (CAI), and the North Carolina CPA Association.  by and  Supportstaff:  Lynn Salazar, SPHR & GPHR is a partner with the firm. She has ten years ofHR generalist experience, She holds both the Senior Professional in Human Resources Global Professional in Human Resources (GPHR) from HRCI and SHRM. She has (SPHR) a degree in HR Development from Webster University and a Bachelor'sin  and Master's  Iowa State. She has been with DHR since 2005.  Psychology from    SSURANCE GNI  REMIT TO Assurance Sign and Display  P.O. Box 826 Granite Falls NC 28630 GBPPOTOPAXEE3ISOANA  Sales Order #3003 Bill To: TOWN OF SAWMILLS gbls@owposawmiliscon 4076 USHWY321-A SAWMILLS NC 28630 PHONE: Description 0  05/16/11  Prepared By: TOWN OF SAWMILLS gtbs@pmposawmiliscon 4076USHWY321-A SAWMILLS NC 28630  CUSTOMER SERVICE  FAX:  PO#: WELCOME SIGNS  Production time for the for the following item(s) will be  approximately Quantity Art Due Date  5 working days upon approval of artwork  U/M Description  Each 05/20/11 1,936.25  Amount 3,872.50  05/20/11  Prod. Due Date  2.00 EA WELCOME SIGN SINGLE SIDE  HDU BOARD WITH SIGN RATED MDO BOARD. BLASTED, PRIMED, AND PAINTED WITH SIGN RATED PAINT. ALSO WILL HAVE HP DIGITAL GRAPHICS FOR SEAL, HANDS. AND TREES.  1.00 EA 6X6POST PRIMED,PAINTED, 1.00 EA INSTALLATION INCLUDES  225.00 1,265.00  225.00 1,265.00  CUT & BEVELED FOR EACH SIDE OF DIGGING HOLES, CONCRETE, ASSEMBLY. AND CLEANUP ** PER CUSTOMER APPROVED LOCATION ON HWY 321-A** CUSTOMER WILL BE RESPONSIBLE FOR REMOVAL OF EXISTING SIGNS AND BRICK BASE.  SIGN  SubTotal:  5,362.50  (Continued on Page  2 )    ASSURANCE SiGn  REMIT TO Assurance Sign and Display  P.O. Box 826 Granite Falls NC 28630 (828)396-6700 FAX(828)313-0612  Sales Order # 3003 Bill To: TOWN OF SAWMILLS gboomnosawmiscon 4076 USH HWY321-A SAWMILLS NC 28630 PHONE: Description 0  05/16/11  Prepared By: TOWN OF SAWMILLS gtb@ouposamliscon 4076 US HWY321-A SAWMILLSNC 28630  CUSTOMER SERVICE  FAX:  PO#: WELCOME SIGNS  Production time for the fort the following item(s) willl be  approximately Quantity  5 working days upon approval of artwork  U/M Description  Each Sales Tax Total:  Amount 276.58 5,639.08  (Page 2 )  Terms:  THANK YOU FOR YOUR BUSINESS. 50% deposit due upon signing, 50% due Assurance Sign & Display, LLC's/("ASD") Standard Terms and Conditions of Sale are incorporated herein by reference and apply to all sales. The Terms and Conditions can bet found on ASD's website @ ntpww.assurancesyn.onm/ande.mim or can be provided on written request.  upon delveryinstalation. Visa/MC/Amex accepted.    l    NORTH ICAROLINA CALDWELL COUNTY  TOWN OF SAWMILLS TOWNPARK LICENISING AGREEMENT AMENDMENT  THAT WHEREAS, the TOWN OF SAWMILLS, a municipal corporation ("Town") and SAWMILLS COMMUNITY OPTIMIST CLUB, INC., a North Carolina nonprofit corporation ("Licensee") did enter into a License Agreement ("License") according to that Park  License Agreement that was dated the 4day yof APRIL ,2011.  THAT WHEREAS, the original Agreement provided that the License Agreement did not permit the purpose or purposes of the Veteran's Park and Baird Park to be used,for any other purpose other than operations ofa concession stand and the running ofrecreational programs. THAT WHEREAS, the Optimist Club has requested to an amendment to. the Agreement to allow for a Park Advertisement Program to include allowable fencing and advertisement at both the Veteran's Park and Baird Park to allow the Optimist Club to generate income to offset  the cost oft the recreational programs that it is sponsoring, under the terms and conditions as follows:  THAT WHEREAS, the parties do now agree to the amendment to the License Agreement 1. The Licensee will be in charge of the Parks Advertisement Program and will not contract out any oft the selling of any advertisement to any other party. 2. The Optimist Club will be allowed to place signs on outfield fencing only and no other signs will be allowed on any other areas of the fencing unless such signage is temporary and pertains to a tournament or special event that the Optimist Club is sponsoring and any such signage must then be approved by the Town Administrator in writing in advance of the special event. After the special event, all such signage 3. Any damage from any signage that is applied to the fencing or to other areas at the Park must be repaired by the Optimist Club and the property returned to its original 4. The Optimist Club will establish rules and regulations for the ponsomihpatverisememt program and will submit a copy of the Rules and Regulations to the' Town Administrator in writing for his approval. 5. The Optimist Club must keep accurate records showing a copy of all advertisements to be placed, how much the signage and/or ads are costing, the materials for the signs that are being used and the length of sign that each advertiser's sign will be up on the fencing area. This information should be submitted on a monthly basis to the Town Administrator and the Optimist Club agrees to be responsible for any questions that  must be removed.  condition as soon as possible.  177999.1    are asked concerning such either by the Town Administrator or the Finance Director 6. The Optimist Club agrees to remit five percent (5%) of the advertising revenue to the Town for the signage that is placed at Veteran's Park. The revenue should be submitted on a monthly basis within fifteen (15) days of the end of each calendar month that advertising was placed and monies received by the Optimist Club at the Veteran's Park. The Town and the Optimist Club agree to meet and discuss and attach an amendment to this Contract as it would pertain to the placement and advertising on any Scoreboards that are plaçed at either park with the future amendment to be effective prior to the initiation of construction of these scoreboards. Attached is a copy of the Advertising Policy that the Optimist Club agrees to abide by 7. The Optimist Club agrees that it will indemnify and hold harmless the Town, its Board Members, agents and employees from all suits, claims, actions or damagès of any nature whatsoever arising from the negligence or nonperformance of the Optimist Club and the performance of work under this Agreement and also agrees that this indemnity covers and advertising material that is deemed to violate any patents, copyrights or trademarks and statutory or otherwise as it pertains to any claim against any items or materials that are advertised under the term of this Agreement. There being no further amendment to the existing Park License Agreement, the original Agreement and its remaining terms are hereby incorporated by reference and affirmed.  as applicable.  concerning advertising at' Town facilities.  This the Ilday of AIGLIST  2011.  #  SEAL LY1,1888  TOWN OF SAWMILLS By: 14P9 Bob Gibbs, Mayor  ATTEST: Clerk  Sa  SAWMILLS COMMUNITY OPTIMIST By AE  President  177999.1    EXHIBIT A ADVERTISING POLICY  Town has sole and unquestioned authority to determine what constitutes appropriate advertisements. The following standards for advertising have been adopted and advertising may  notl be displayed which is:  1. False, misleading, or deceptive advertising; 2. Promotes unlawful ori illegal goods, services, or activities;  3. Implies or declares an endorsement by the Town ofany goods, services or activities; 4. Contains any lewd or obscene matter as the Town Council defines those terms; 5. Contains any imagé or description, which, if furnished, exhibited, or sent to a minor would give rise to a violation of a Town Policy, Ordinance, State Law or Federal  Law; 6. Is libelous;  7. Promotes the sale of tobacco or tobacco-related products; 8. Promotes the sale of liquor, wine, beer, or distilled spirits; other matter which is the subject of an election;  9. Supports or opposes a political, moral, or social issue or any ballot measure, or any 10. Supports or opposes ai religious denomination, creed, doctrine, or belief; 11.Displays any word, phrase, character or symbol likely to interfere with, mislead or distract traffic, or conflict with any traffic control devise; 12. Incorporates any rotating or flashing devises or any other moving parts; and 13. Which is in opposition to, in support of, or otherwise addresses an idea, concept, theory, 'belief, issue, position, or the like from the standpoint of morality, politics, theology, or an expression as a belief, opinion, or declaration that such idea, concept,  belief, issue, position, or the like is right or wrong.  The Optimist Club shall use discretion which accepting materials for display or soliciting potential advertisers to ensure that no materials are displayed which are restricted. Complaints received by the Town Administrator about any advertisement will be directed to the Optimist Club for immediate response. The Optimist Club shall copy the Town on all response to objections about materials and keep the Town informed about its resolution. The Town reserves the right to pull any advertisement from Town Property. If requested by the Town, an advertiser's poster shall be removed within 48 hours of receipt ofwritten request. The Optimist Club must remove advertisements within fifteen (15) calendar days after expiration. Failure to remove advertisements within fifteen (15) calendar days after expiration may result in the Town moving the advertisements and assessing the cost for removal to the  Optimist Club.  177999.1    Interlocal Agreement Between Caldwell County  And  The Town of Sawmills  This Resolution/Agreement, made and entered into this the 16th day of August, 2011, by and between the Town ofSawmills, ai municipal corporation organized and existing pursuant to the laws oft the State ofNorth Carolina, Party oft the First Part and hereinafter referred to as the TOWN and Caldwell County, a political subdivision of the State ofNorth Carolina established and operating pursuant to the laws of the State ofNorth Carolina, Party ofthe Second Part and  hereinafter referred to as the COUNTY;  WITNESSETH:  WHEREAS, the TOWN and the COUNTY, pursuant to the authority granted by the North Carolina General Statutes 160A-461, hereby covenant and agree as follows:  1. That the TOWN hereby contracts with the COUNTY to use the services of the Caldwell County Planning Department ofthe COUNTY to administer the TOWN'S Flood Damage Prevention Ordinance within the corporate limits and extra-territorial jurisdiction of the 2. That the COUNTY'S Flood Damage Prevention Ordinance is hereby adopted by the TOWN, through execution of this Interlocal Agreement, as well as by Resolution of the Town Board, and the same shall apply within the corporate limits and extra-territorial  TOWN,  jurisdiction oft the TOWN.  3. That the services of the Caldwell County Planning Department shall be performed at no cost to the TOWN. However, should any claims arise out of the services provided by the COUNTY under this agreement, the TOWN agrees to indemnify and hold the COUNTY, its employees, agents and contractors harmless from any and all claims for liability, loss, injury, damages to persons or property, costs or attorney's fees resulting from any action brought against Caldwell County, its employees, agents, contractors and Commissioners arising as a result of these services performed on behalfo the TOWN that are the subject 4, That all fees and charges associated with administering the Flood Damage Prevention Ordinance as adopted by the Board of County Commissioners, shall be collected by the COUNTY, shall be the sole property of the COUNTY, and no part thereof shall be  matter of this Agreement.  payable to the TOWN.  5, That all development to take place within the TOWN's corporate limits or extra- territorial jurisdiction shall be subject to the rules and regulations set forth in the aforementioned Flood Damage Prevention Ordinance. No building permits shall be issued for any property until the flood: zone is determined and the necessary building                9  a  a    - - - E  8