AGENDA TOWN OF STOKESDALE REGULARTOWN COUNCILMBETING 8325 ANGEL-PARDUE: ROAD STOKESDALE, NC: 27357 JANUARY 12, 2023 AT 7:00 PM  Available Venues to Watch/Attend:  a) Attend in Person at Stokesdale Town Hall in Council Chambers at 7PM b) View Live Stream on Town of Stokesdale's YouTube Channel at 71 PM: Attps/www.youtube.com/chamnel/UCIH7T0O 56F EDH6wliA/live C) View & Participate (Citizen Comments) Virtually via Zoom at 7PM: AtpshsdhaehmmawIATARTAmeRMIPAIBAAGNswAVAGZAXAAImZ.0P  Meeting ID: 829 7491 0404 Passcode: 247041 One-Tap Mobile: 1-301-715-8592  1. Call to Order, Pledge of Allegiance, and Invocation.  2. 3. 4.  Review and Adopt the Agenda.  Review and Adopt the Minutes: November 9, 2021 Regular Town Council Meeting;  October 13, 2022 (Closed Session-continued from December).  Public Safety Reports: a) Stokesdale Fire Department b) Guilford County Sheriff's Office Administrative Reports: a) Administrative Report: b) Planning Board: c) Events Committee: d) Property Committee: Financial Reports:  5.  Town Park Improvement Committee: a) Finance/Budget Officer: Kimberly Thacker  6. 7.  Citizen's Comments from the Floor (3-Minute Limit per Speaker).  PAGE10F3    OLD BUSINESS: 8. 9.  Resolution for Guilford County to Provide Sheriff Deputy Traffic Control for First Consideration ofa Certification of Municipal Declaration to Enact Speed Limits and Request for Concurrence for a speed limit reduction from 35 mph to 25 mph on  Week of School at Stokesdale Elementary.  Adano Road and Athens Road. (Continued from November)  NEW BUSINESS:  10. Discussion and Adoption of 2023 Health Reimbursement Arrangement.  11. Discussion of Separation of Duties Policy.  12. Consideration of a Resolution Consenting to the Addition of Streets within North 13. Proposal to extend Iawn care contract with Excellence Lawn Care for 1 year at the 14. Consideration ofl Budget Amendment #2 for FY2022-2023 and to create line item for 15. Consideration of Applying for credit line increase for the Town's credit card. 16. Consideration ofai request to move: funds from 60300 Legal Professional -Attorney to  Ridge Phase 4 Subdivision. (NCDOT) same terms and conditions. Emergency Water Repairs.  60200 Audit.  17. Discussion on Town of Stokesdale's IT contract.  18. RFP/RFQ Discussion and Potential Vote on Town Park and Town Water System  Potential Capital Projects.  19. Citizen's Comments from the Floor (3-Minute Limit per Speaker) 20. Closed Session in accordance with $ 143-318.11. Closed sessions.  (a) Permitted) Purposes. Itist thep policy oft this State that closed sessions shall bel held only when required toj permit a public body to act in the public interest as permitted in this section. A public body may holda (3) To consult with: an attorney employed or retained byt thej public bodyi inc ordert toj preservet the: attorney- client privilege between the attorney andt thej public body, which privilege isl hereby acknowledged.  closed session ande exclude the public only when a closed sessioni is1 required.  21. Council Comments. 22. Adjournment.  PAGE2OF3    ANNOUNCEMENIS:  The Town of Stokesdale Town Planning Board will hold a meeting on January 26, 2023, at 7:00 PM inside the Town Hall Council Chambers, located at 8325 Angel The Town of Stokesdale Town Council will hold a regular meeting on February 09, 2023, at 7:00 PM inside the Town Hall Council Chambers, located at 8325 Angel  Pardue Road, Stokesdale, NC: 27357.  Pardue Road, Stokesdale, NC27357.  PAGE30F3    MINUTES TOWN OF STOKESDALE REGULARTOWN COUNCIL MIEETING 8325. ANGEL PARDUE ROAD STOKESDALE, NC 27357 NOVEMBER 9, 2021 AT 7:00PM  Member's present: Mayor. John Flynt, Mayor Pro-Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek Foy, Councilman Jim Rigsbee, Town Attorney Tom Medlin, Interim Town Clerk Dale Martin, Finance and Budget Officer Kim Thacker, Guilford County  Planner Oliver Bass, Deputy Clerk Robin Yount  1.  Call to Order, Pledge of Allegiance, and Invocation.  Mayor John Flynt called the meeting to order and led the Pledge of Allegiance. Randy Southard  delivered the invocation.  2.  Review and Adopt the Agenda.  Mayor John Flynt made al Motion to adopt the agenda as presented. Mayor Pro Tem Thearon  Hooks seconded the motion.  Vote: Noes: None 3.  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  Review and Approve Minutes: August 24, 2021 (Closed Session), September 9, 2021  (Closed Session), October 21,2021 Special Called Meeting.  Mayor John Flynt mad al Motion to approve the August 24, 2021 (Closed Session). minutes as  presented. Councilman Jimmy Landreth seconded the motion.  Vote: Noes: None  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, MayorJohn Flynt  Mayor John Flynt mad al Motion to approve the September 9, 2021 (Closed Session) minutes as  presented. Councilman Jimmy Landreth seconded the motion.  Vote: Noes: None  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  1    Mayor John Flynt mad a Motion to approve the October 21, 2021 Special Called Meeting minutes as presented. Councilman Jimmy Landreth seconded the motion.  Vote: Noes: None 4.  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  Public Safety Reports: Fire. Department.  Fire ChiefTodd Gauldin reported for the month of October ai total of73 calls. There were 37 fire related calls and 361 rescue calls. Cold weather tips are to make sure your chimneys are clean and check your wood stoves. Be sure to use the correct fuel for kerosine heaters. Be sure to vent  release and make sure there are: no combustibles nearby.  5.  Administrative Reports:  Administrative Report from Interim Town Clerk:  Town Clerk Dale Martin reported 8 meters were sold and installed this month, 27 applications for transfer of water service and 441 meters have been put on hold: for builders. We had 97 (811) calls and 659 water bills mailed out. There arei issues with the unit in the heating and air int the  lobby and Stokesdale Heating and Air have been contacted.  a) Planning Board: None presented  b) Events Committee:  Councilman Derek foy announced the Christmas parade will be on December 11tha and the parade committee will continue to work on coordinating the event. There will be some food trucks,  vendors, and live music. We currently have three sponsors so: far.  c) Property Committee:  Councilman Jim Rigsbee reported that the mulch has been spread at Town hall and that some  trees have been trimmed along thej path toi thej park. Financials: Finance/Budget Officer:  6.  Kim Thacker  Finance and Budget Officer Kim Thacker presented the October financial report for both the General Fund and Water Enterprise fund. Mrs. Thacker noted that the audit is almost complete. Mrs. Thacker has received thej preliminary report to review from Mr. Rouse and everything 7. Citizen's Comments from the Floor (3-minute Limit per Speaker)  should be completed by the end of the week.  None presented.  2    PUBLICI HEARINGS:  8.  PUBLIC HEARING AND CONSIDERATION OF. Al RESOLUTION CREATING Jim Albright, Guildford County Fire Marshal stated that hel briefed the Council in September on the County's request to consider approval ofa as service district overlay ofthe existing Stokesdale Fire Protection District. in Guilford County. Itis the intent oft the County to levy at tax on the Rural Fire Protection Service Districts beginning in FY 2023 and to zero out thel Fire Protection Districts; however, they will remain. In FY 2022 they began the process with Colfax and Deep River Service Districts that are only taxed into those service districts and no longer taxed ini the Mayor Pro Tem Thearon Hooks asked what the negatives were. Mr. Albright stated that you will lose the capi in the service district however the approval process remains the same. Mr. Albright also stated they have service districts in all districts ini the County except Stokesdale and one other. All funds generated out oft the service district will be used int the service district just as it's done now. Out of19 County Fire Departments and 21 Municipal Fire Departments that serve the County they have at total of25 contracts and 23 of those contracts have service districts. Mayor John Flynt noted an item int the resolution and asked if anyone has opted out oft the this agreement. Mr. Albright noted that no one. has opted out of the agreement. Councilman Jim Rigsbee asked ifthe fire department could: initiate an increase or would the County initiate thei increase. Mr. Albright stated that any increase would go through the fire  A TOWN OF STOKESDALE FIRE SERVICE DISTRICT.  Rural Fire Protection Districts.  districts then go through an approval process with the County.  Mr. Albright stated that as ofnow those people whol have a fire protection layer and as service system layer, iti is duel listed on their tax statement. Each oft these layers are charged  individually.  Councilman Derek Foy ask Mr. Albright to confirm that the funds being collected in the: fire district needed to be spent in the fire district. Het then asked how do we tract and segregate the Mr. Albright stated that we collect from Guilford County from the Guilford County Tax Department, and we collect from Rockingham County from the' Tax Department for those in that county. Nothing that we are doing tonight has any impact on what is happening inl Rockingham Councilman Jimmy Landreth asked ift the tax rate is the same in Rockingham County as  funds with both Guilford County and Rockingham County customers.  County.  Guildford County.  3    A citizen (name unknown) asked ift the taxes are based on thej property and ift the property taxes are going up then why do we: need more taxes. Mr. Albright stated it was the same in both counties. Mr. Albright explained this was not an approval toi increase taxes in a district, Itisa Councilman Derek Foy stated he still does not understand how funding is going to be tracked and collected. Mr. Albright explained that the dollars that are generated are specific to the district and the Stokesdale Fire District. Those dollars are then budgeted to the Stokesdale Fire Department and those budgeted dollars are then distributed to the Stokesdale Fire Department on are regular monthly basis as they are collected. At the end oft the year when excess dollars are collected then they will remain inl Fund Balance and those Fund Balances aret then given to the Councilman Derek Foy asked if with this new layer would be required by the auditors to be separated and tracked because you have a Guilford County layer and a Stokesdale layer which Mr. Albright explained that there is an independent audit every year and the auditors have never found an issue. Stokesdale will be getting the same funds but just under a different name. Councilman Jimmy Landreth noted that al lot of citizens will question the fairness issue with no cap in Stokesdale and Rockingham County has a cap. Councilman Landreth stated this will bea a vote for the County Commissioners and they will have to send notices to the property owners to have a hearing and thinks ai notice should have gone out for the meeting tonight. Once this is  mechanism in which the taxes are collected.  Fire Districts they were collected from.  will also pull from Rockingham County.  voted on then iti is done and can't be changed.  Mr. Albright stated that he does not have the legal expertise to address this, but it is correct that under the General Statue an action by the Board of Commissioners is required. Tom Medlin, Town. Attorney stated he willl have to research and report back to the Board. Mayor Pro Tem Thearon Hooks stated that hel believes we are getting Rockingham County and Guilford County funds now and asked Mr. Gauldin oft the Fire Department to confirm if we can Mr. Gauldin confirmed that we do have al Mutual Aid agreement ift they need help then  go anywhere in Rockingham County as needed.  Stokesdale Fire Department can go anywhere in the County.  Mayor Pro' Tem Thearon Hooks asked what the downside would be. Mr. Albright stated that the town has a statutory ceiling on taxation for fire protection and with this particular action then this  ceiling goes away.  4    Councilman Derek Foy noted that all the rural fire districts receive a cut oft the sales tax distribution from Guilford County and asked ift that is a statutory requirement that Guilford County do this and will they continue to dot this? Mr. Albright stated that the: sales tax distribution choice from Guilford County is to distribute in such a way that all taxation districts Councilman Derek Foy asked it the districts are guaranteed to continue to receive taxes. Mr. Albright stated that they cannot unless they change the distribution method or ift the distribution Mark Richardson, Rockingham County Commissioner asked ift there will be different levels ofs service for Rockingham County and Stokesdale. Mr. Albright stated no and that it's looked at as one district for both. There are equal levels of protection regardless oft the address of the A citizen (name unknown) stated that Oakridge and Summerfield do not have a water system and asked ift they receive water from Stokesdale. Fire Chief Gaulden said that in an emergency we have always helped our neighbors. The Fire Department does not own the water system, it belongs to the town and the town has always been gracious to make sure we. help them ifneeded. Commissioner Richardson asked ift the Fire District is short of money. Fire ChiefGaulden states that they have historically been fiscally conservative and maintain ai responsible fund balance. Mayor. John Flynt stated in aj previous conversation Rockingham County Commissioner Mark Richardson projected a growth of2800 new. homes within the Roy Carroll Property. Mr.  receive ap portion.  method was changed by the General Assembly.  residence.  Richardson stated he was not atl liberty to comment.  Mayor Flynt stated there is going to be significant growth in both counties including industrial space and Rockingham County is bringing in water and sewer int this area and over the next few Councilman Jim Rigsbee stated that we are: not doubling out taxes but are getting rid ofone and replacing it with another one without the cap. The question is do we want to get rid oft the cap and do we trust our. Fire Department to spend the money wisely. Do wel have any oversight in the Mayor John Flynt noted this does have to be approved by the commissioners and they have been good stewards oft the money. All 191 Fire Departments will be operating the same way and Councilman Derek Foy asked ifGuilford College Fire Department still existed. Mr. Albright stated that the Fire Department is now contracted with the City of Greensboro.  years you will need additional fire protection.  spending?  everyone will be equal.  5    A citizen (name unknown) asked about the 1.51 million set aside which includes funding for a new truck. Mayor. John Flynt explained they have a "New Truck Fund" set asidei in a separate Another citizen (no name) commented that Chief Gauldin and the Fire Department have done an excellent job and hei is proud of all that they have accomplished but he believes they need tol keep Randy Braswell stated that a lot of people here tonight were: not here the first time the Overlay District was presented to the Town Council. The efforts ofs several people allowed the General Statue to change sO the citizens could vote on this. Mr. Braswell said that according to the General Statue you must let the citizens vote to increase the CAP. Mr. Braswell stated that when he was on Council he could not vote for the overlay because the General Statue says that the citizens must vote. Mr. Braswell asked the Mayor and Council to do the: right thing and let the Councilman Jimmy Landreth would like to confirm that all the taxpayers received aj public notice and would like to ensure everyone is aware. and can speak. Councilman Landreth noted that we have one oft the best Fire Departments and he does not see aj problem ift they need funding but he would still like to see. limits and CAPs and to see the notices go out to the taxpayers. Dalel Martin, Town Clerk read a statement from Mr. Tim Jones stating that he supports adequate funding for the Stokesdale Fire Department and expressed his appreciation for the professional job they do. He noted the proposal is for an uncapped second fire tax at at time when the current fire district tax has 50%: remaining on it before the legislative limit of1 15 cents per $100i is reached. He noted that the resolution before Council does not include Rockingham County. He questioned the timing ofthis request and that citizens have not had ample time to study the issue and requested that Council delay this agenda item until such time that all questions and concerns Mayor John Flynt closed the public hearing and read thel Resolution of Agreement Regarding  fund.  the CAP.  people vote.  havel been answered.  Stokesdale Fire Service District Resolution.  No. R-2021- DISTRICT  RESOLUTION OF AGREEMENT REGARDING STOKESDALE FIRE SERVICE  WHEREAS, the Stokesdale Fire Protection District ("the Stokesdale FPD") is a special tax district established November 9, 1954 pursuant to N.C.G.S. Chapter 69, Article 3a, to WHEREAS, the Stokesdale FPD is comprised only and entirely ofproperties now within  fund the provision offire protection to properties within the RFPD; the municipal limits of the Town of Stokesdale ("Town");  6    WHEREAS, N.C.G.S. Chapter 153A, Article 16, Part 1 (County Service Districts), authorizes counties to define service districts to finance, provide, or maintain certain services, facilities, and functions, including fire protection," for the service district in addition to or to a greater extent than provided for the county as a whole; WHEREAS, pursuant to that authority, Guilford County ("County") has established fire service districts, typically overlaying existing rural fire protection districts, for all portions of Guilford County for which County, rather than a municipality, provides fire protection, except for the Kimesville and the Town of Stokesdale, to create a more modern, flexible, and efficient method to fund and provide fire protection in Guilford WHEREAS, County proposes to create a Stokesdale Fire Service District ("Stokesdale FSD") overlaying the Stokesdale FPD and matching the boundaries oft the Town, WHEREAS, creating a Stokesdale FSD requires following the process set out in N.C.G.S. $153A-302, including aj public hearing before County's Board of  County;  pursuant tol N.C.G.S. Chapter 153A, Article 16, Part 1;  Commissioners;  WHEREAS, under N.C.G.S. $153A-302(a), "territory lying within the corporate limits of acity : may not be included unless the city : agrees by resolution to such inclusion;" WHEREAS, the Stokesdale Town Council finds that the creation of the Stokesdale FSD isi in the best interest oft the Town and its citizens and therefore supports the creation of the Stokesdale FSD and including within it territory lying within the Town's corporate NOW, THEREFORE, THE STOKESDALE TOWN COUNCIL RESOLVES that: 1. Pursuant to N.C.G.S. $153A-302(a), the Town Council agrees to the inclusion of the territory lying within and constituting the Town of Stokesdale (as it may be comprised at the time ofthe creation oft the Stokesdale Fire Service District) in the 2. This agreement shall remain in effect unless modified or terminated by further  and  limits;  Stokesdale Fire Service District. action of the Town Council.  ADOPTED the day ofNovember, 2021.  Mayor John Flynt made a Motion to adopt a. Resolution of Agreement regarding the Town of Stokesdale Fire Service District as presented. Mayor Pro Tem Hooks seconded the motion.  As used herein, fire protection also includes emergency medical and rescue services.  7    Councilman Derek Foy asked why they think it would make it ai more modern, flexible, and Mayor. John Flynt stated that because any request for a change in rate will go to the County Commissioners. The board does an annual detailed budget and looks at the expenditures from the previous year. Mayor Flynt noted that it took 60 years to get to 10 cents and he trusts the Fire Department. The Commissioners will require every Fire Department to show ai need and have the financial resources to pay fori it, Stokesdale Fire Department has a tremendous reputation of looking after the citizens and we need to make sure they have the proper equipment and Councilman Jimmy Landreth stated that we should have sent out a notice to all the property owners that will be affected sO they can speak. These people do not have a clue what is going on. This is not against the Fire Department. Councilman Landreth noted he is just uncomfortable to Rockingham County Commissioner Mark Richardson asked for a point of order regarding Mayor John Flynt's eligibility to vote. Mr. Richardson note that Mayor Flynt sits on the Board oft the Fire Department and is now voting for funds for the Fire Department and asked if this creates a Tom Medlin, Town Attorney stated this is not ai resolution for funds or a tax. Iti is also not a gain for anything or anyone who sits on the board. The resolution is ai mechanism of on how this  efficient method to providing fire protection.  manpower toj provide the town the best service possible.  vote on this with only a weeks' notice to the citizens.  conflict ofinterest.  could be generated and he does not see this as a conflict ofinterest.  Mayor Flynt then called: for a vote.  Vote:  Ayes: Mayor Pro Tem Thearon Hooks, Mayor John Flint.  Noes: Councilman Jim Rigsbee, Councilman Derek Foy, Councilman Jimmy Landreth,  MOTIONFALLED  Mayor Flynt called ai recess at 8:36 pm. The meeting reconvened at 8:44 pm  9.  REZONING CASE: NUMBER: 21-09-STPL-08259: 8370 PRINCE EDWARD ROAD: This is a request to rezone property from AG, Agricultural to RS-40, Single- family Residential. Located on a portion of property at 8370 Prince Edward Road, Guilford County Tax Parcel 221900 (part), Stokesdalel NC. Portion tol be rezoned is adjacent to Northridge Subdivision near Backridge Drive, approximately 12.77 acres. Mayor John Flynt introduced the rezoning case and deferred to Mr. Oliver Bass, Guilford County Planner for the Staff Report. Mr. Bass stated that this is a request to: rezone the property at 8370 Prince Edward Road. The subdivision is approximately 12.7 acres owned by Richard Carraway. The request is to rezone from AG Agricultural tol RS-40, Single Family Residential. This case  Applicant: Richard S. Carraway.  8    was submitted at thel November Planning Board meeting. A minimal lot size of40,000 square feet is desired. Iti is consistent with the Stokesdale Land Use Plan for residential uses and therefore staffrecommends approval along with a recommendation for approval by thel Planning  Board. Inl Favor:  Mayor Flynt declared the Public Hearing open.  Steve Carraway, 8380 Prince Edward Rd., Stokesdale, NC petitioner for this request. He Brent Sievers, Fleming Engineering, Triad Drive, Colfax, NC Engineer for the project and  requested approval oft the project and madel himselfavailable for questions. asked for support of thej project. He made himselfavailable for questions.  Opposed: None presented.  Be no additional speakers, Mayor Flynt closed thej public hearing,  Councilman Derek Foy made a Motion to approval the rezoning for Case 21-09-STPL-08259, 8370 Prince Edward Road from AG, Agricultural to RS -40, Single-family residential. The request is consistent with the Stokesdale Land Use Plan, Staffrecommends approval, and the  Planning Board recommends approval. Mayor Pro Tem Hooks seconded the motion.  Vote: Noes: None Motion carried. OLD) BUSINESS  Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  10. Consideration ofa Proposal from Stokesdale Heating & Air Conditioning to replace Councilman Derek Foy made al Motion to continue this matter until the December meeting. Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  HVAC units at' Town Hall.  Councilman Landreth seconded the motion  Vote: Noes: None  Foy, Councilman Jim Rigsbee, Mayor John Flynt  11. Consideration ofal Proposal to Clean Up front ofTown Hall and install netting to prevent birds from nesting along the ceiling. (Tabled from August 12, September 9,  October 14)  9    Council expressed concerns about the nets, how they would look andl how long they would last.  It was suggested that Council and staff continue tol look for alternatives.  NEW] BUSINESS  12. Consideration of an Interlocal Agreement between the' Town of Stokesdale and the County of Guilford for the Provision of Animal Shelter and Control Services. Mayor Flynt introduced thel Interlocal Agreement and added that this is ai renewal of the agreement we have for animal control services by Guilford County in the amount of$16,000. Mrs. Kim Thacker stated that the Town budgeted $15,500, however, the invoice: is for $16,772 Councilman Foy made al Motion to renew agreement as presented. Councilman Landreth  and noted that al budget amendment would be needed.  seconded the motion Vote: Noes: None  Ayes: Mayor Pro' Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  Town Attorney Tom Medlin reminded Council that thel budget amendment and pre-auditing the Mrs. Thacker stated that al budget amendment is needed ini the amount of$1,272.00. Mayor Flynt made al Motion to amend the budget in the amount of $1,272.00. Councilman  expenses would be needed prior to signing the agreement.  Rigsbee seconded the motion.  Vote: Noes: None  Ayes: Mayor Pro' Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Foy, Councilman Jim Rigsbee, Mayor John Flynt  13. Discussion on removing water meters on abandoned property.  Mayor Flynt read a statement he prepared after reçeiving ai request to: remove an abandoned meter thati is currently being billed the $25 customer service fee even though the water has been turned off. He noted that the water was last used in 2017 and the customer continued toj pay the customer service: fee until July 2020 and is now asking that the meter be removed, and the fee be waived. Mayor Flynt stated that the' Town has no policy in place for the removal ofa water meter. He asked if Council wanted to consider such aj policy whereby the property owner would bare the expense ofremoving the abandoned meter and further sign a statement that ifai meter were ever installed on the property in the future, the cost would be the current rates inj place at  the time the meter is installed.  10    After a lengthy discussion siting various scenarios with rental property and other situations, the Council decided to take no action on thisi item at the time and revisit the issue in the near future. 14. Discussion and Consideration on Low Income Household Water Assistance Program Town Clerk Dale Martin referenced information received from Guilford County inj regard to a new program that provides assistance tol low income families with paying utility bills. Mayor Pro Tem Hooks made al Motion to approve an agreement with Guilford County Department ofHealth and Human Services, Low Income Household Water Assistance Program (LIHWAP) Water and Wastewater Vendor Agreement. Mayor Flynt seconded the motion Ayes: Mayor Pro Tem' Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  administered by Guilford County DSS.  Vote: Noes: None  Foy, Councilman Jim Rigsbee, Mayor. John Flynt  15. Review and Adoption of the 2022 Town of Stokesdale Meeting Schedule. Mayor Flynt made al Motion to approve the 2022 Town Council meeting schedule as presented. Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek  Councilman Foy seconded the motion  Vote: Noes: None  Foy, Councilman Jim Rigsbee, Mayor John Flynt  16. Comments from Council.  Councilman Rigsbee referenced the earlier discussion regarding the Fire Service District and stated that he was concerned that the public has notl had sufficient time to study it. He pledged his support of the Fire Department and for more public involvement in this matter.  Councilman Foy thanked all the Veterans in attendance tonight. their last regular meeting before the new Council is sworn in.  Councilman Landreth thanked Mayor Flynt and Mayor Pro Tem Hooks for their service as this is Mayor Pro Tem Hooks stated that it has been a good experience, and not always easy when you are dealing with people. He enjoyed his time and watching the town grow. He also thanked Mayor Flynt stated that it has been aj privilege to serve. He challenged the Council to continue to advocate for our citizens and to not back down from doing the right thing. He thanked all the  everyone in attendance.  staffand Mr. Medlin for their efforts and hard work.  17. Announcements:  a) Planning Board Meeting Thursday, December 18th at 7pm at Town Hall  11    b) Town Council Meeting Thursday, December gth; at' 7 pm at' Town Hall  18. Adjournment. motion. Vote: Noes: None  Mayor Flynt made a Motion to adjourn the meeting. Mayor Pro Tem Hooks seconded the Ayes: Mayor Pro Tem Thearon Hooks, Councilman Jimmy Landreth, Councilman Derek Being no further business to come before the Council, the meeting adjourned at 9:37) PM.  Foy, Councilman Jim Rigsbee, Mayor John Flynt  Approved:  Michael E. Crawford, Mayor (at time ofs signing)  ATTEST:  Dale Martin, Town Clerk  12    GFE Balance Sheet December  Town of Stokesdale Balance Sheet Dec-22  Total  Interest % Mature Date  ASSETS Current Assets Bank Accounts  American Rescue Plan Act (ARPA)- Fidellty Bank- -7869 Bank of Oak Ridge Checking (Money Market) Bank of Oakl Ridge-CDARS CDAR- Acct #1 1025707377 CDAR- Acct#1026227972 CDAR- Acct#1028317432 CDAR- Acct #1026317459 CDAR- Acct# 1025607275 CDAR- Acct# 1025707369 CDAR- Acct# 1026156862 CDAR- Acct# 1026249895 CDAR- Acct#1026529812 CDAR. Acct#1026529839 CDAR -Acct# 1026456246 Totall Bank of Oak Ridge-CDARS Fldelity Bank- 002762 Petty Cash Total Bank Accounts Accounts Receivable Salary & F.I.C.A. Duei from! Water Enterprise Salos Tax 2022-2023 Water Enterprise Reimbursement Total Accounts Receivable Total Current Assets TOTALASSETS  723,965.00  0.00%  23,366.22 1.4900% As of 12/01/2022 270,276.90 0.16986% 279,639.54 0.29954% 631,659.78 1.24226% 53,509.44 1.24226% 313,965.84 0.16986% 171,573.03 0.16986% 139,664.47 0.24968% 431,472.95 0.29954% 45,304.09 2.95601% 49,633.11 2.95601% 178,924.92 2.71296% 2,565,624.07 288,311.78 150.00 3,601,417.07 830.11 426.55 13,253.94 14,510.60 3,615,927.67 3,615,927.67  3/2/2023 3/2/2023 3/30/2023 3/30/2023 1/26/2023 3/2/2023 2/9/2023 3/9/2023 11/30/2023 11/30/2023 11/9/2023  0.05% 0.00%  Page 1of1            80  8:e     R R a & & R & &  R  X  R    3   3 a 8  -  :  a  R a M  R  &  a  @)  8    2  0  8 de 5 & a  0 8 a K  o R d0 0o 8 4 $ 8 0 8  00  of 8  a &  a  A   a  3 8    WE Balance Sheet Dec 22  Water Enterprise Account Balance Sheet As of December: 31, 2022  Total  Interest % Mature Date  ASSETS Current Assets Bank. Accounts Bank Of Oak Ridge CDARS CDAR- Acct# 1026529731 CDAR Acct# 1026480864 CDAR- -Acct# 1026433319 CDAR- Acct# 1026529847 Total Bank Of Oak Ridge CDARS Capital Reserve Fund- CRF (0345) Fidelity-Water Enterprise (0504) NCCMT Regular Savings (0403) Total Bank. Accounts Accounts Receivable AR- Water Sales Active- 90+Days Past Due Inactive- 90+Days Past Due Sales Tax Refund 2022-2023 Total Accounts Receivable TOTAL. ASSETS LIABILITIES Liabilities Accounts Payable  249,550.78 74,652.28 116,524.26 60,779.52 501,506.84 190,256.03 637,261.86 530,590.31 45,057.06 1,904,672.10 31,045.26 Includes December billing 0.00 0 Account 6,089.13 24 Accounts 270.00 37,404.39 1,942,076.49  2.95601% 11/30/2023 2.71296% 11/6/2023 1.24226% 5/4/2023 2.95601% 11/30/2023 0.05% 0.05% 0.02%  Water Reimbursement duet to General Fund Payroll due to General Fund Account Total Accounts Payable Total Liabilities TOTAL LIABILITIES  13,253.94 830.11 14,084.05 14,084.05 14,084.05  Page 1 of1    d0 &        K R R EEEEEKEEEEEEEREER    8  0 - /   8 8  Aaaaa  aa EEEEEEEEER    EEEEE00000E  EE    RESOLUTION NO. R-2023-  RESOLUTION ADOPTED BY TOWN COUNCIL REQUESTING FUNDING FOR TRAFFIC CONTROL AT STOKESDALE ELEMENTARY SCHOOL  WHEREAS, the Town of Stokesdale is located in the northwest corner of Guilford County and has a 2021 US Census population of5,995 citizens within the corporate limits. The Town operates undera Mayor-Council form of government and offers limited services which includes providing water, a Town Park and limited Planning and Zoning services funded with a $953,427 total budget and which levies no ad valorem property taxes. Stokesdale stopped receivinga a portion of the sales taxes collected by Guilford County in 2003 after the Guilford County Commissioners changed their method of calculating distributions to municipalities to an ad WHEREAS, Stokesdale Elementary School is located within the Town of Stokesdale, Guilford County, North Carolina and plays a vital role in shaping the lives ofc our children by providing a WHEREAS, the Guilford County School system is one of the largest school systems in North Carolina, and operates with a budget of $999,705,745 dollars that is allocated to all schools within the district. Guilford County Schools serves 67,949 students and has a total of68 elementary schools within the County. In 2018-2019 school year, an average of$11,778 was WHEREAS, safety within all schools is a rising concern with unprecedented violence and many schools are overcrowded. In addition, the motoring public traveling to and from school each day causes safety concerns within the school campus as well as the roads leading to and from the WHEREAS, the Guilford County Sheriff'sl Department is charged with maintaining a safe environment for all citizens of Guilford County, including our school, Stokesdale Elementary School. The Guilford County Sheriff's Department operates with a $ budget ??2?2 WHEREAS, the Town Council is very sympathetic to the dangerous situation caused by the volume oft traffic traveling through the intersection ofUS Highway 158 and NC Highway 68, the location of the school. A traffic count from 2021 estimates 7,600 vehicles travels through this area per day. The Town further shared their concerns with staff from NCDOT on February 10, 2022, when officials were invited to a Council meeting to discuss safety concerns of roads within WHEREAS, the Town expresses their concern with the lack of funding by both the Guilford County School System and the Guilford County Sheriff's Department to provide such traffic control. The safety of students at Stokesdale Elementary should not be ignored and be taken seriously enough toj provide traffic control at our school and at every school where traffic isa a  valorem method thereby eliminating Stokesdale's s portion; and,  quality education; and  spent per student; and  school; and,  the Town of Stokesdale; and  hazard; and    WHEREAS, the Town of Stokesdale has al history oflending al helping hand by providing computer equipment and other necessary supplies to enhance the ability oft the school to: meet the needs of each student and has recently been approached by Stokesdale Elementary School Administration and Stafft to fund ai method for traffic control during the first week of school to help alleviate the confusion and hazardous condition that is caused by the large volume oftraffic at the school. To fund traffic control at Stokesdale Elementary would: result in double taxation for our citizens as this service would come: from the Town's budget in addition to money already allocated to Stokesdale Elementary School by both Guilford County School System and Guilford NOW,THEREFORL, THE TOWN COUNCIL OF THE TOWN OF STOKESDALE wholeheartedly supports the School Administration'si request that traffic control be provided and respectfully requests that the Guilford County School System and the Guilford County Sheriff's Department allocate funds to cover the cost of providing traffic control services at Stokesdale Elementary School the first week of school each year going forward. Providing this essential service will greatly enhance the safety and wellbeing of all the students and: staffo of Stokesdale Elementary School as well as the all citizens traveling on these roads during school hours.  County Sheriff's Department.  Adopted the 12th day of. January, 2023.  Michael E. Crawford, Mayor  ATTEST:  Dale F. Martin, Town Clerk    Deputy Clerk From: Sent: To: Cc: Subject: Dale & Robbie:  Wilson, Patrick D Pwison@ncdotgov> Wednesday, January 4, 20234 4:20PM Scarlett, Isaac; Mcpherson, Dawn M Speed Limit Recommendations Stokesdale  Deputy Clerk  Thanks for your patience as Ih have wrapped my head around the Town's requests but Ih have spoken with Isaac and Dawn and now have a better understanding on the Department's position  which is detailed below:  Angel-Pardue Road - The Department recommends a speed limit of 25-mph and is awaiting the signed paperwork from the Town. This paperwork should be sent to Isaac for Adano Road - It was my understanding that Adano Road was unpaved but Isaac has advised that a portion of the street is paved. Therefore, the Department recommends a speed limit of 25-mph and has sent the paperwork to the Town for further action. The Athens Road - It is requested that clarification be sent to our office concerning the Town's request for a lower speed limit since we are unclear if the intent is for a section of Athens Road or the entire street. Presently, a speed limit of 35-mph is posted on Athens Road. If you could provide us with the Town's intention for the speed limit along Athens Road, Isaac will review and advise you of his findings. Ihope that this email provides some clarity but feel free to contact me should you need additional information or want to discuss further.  further handling.  signed paperwork should be sent to Isaac for further handling.  Pat P.D. Wilson, PE Division Project Delivery Engineer Division of Highways- Division7 3364870000 office pwison@ncdot.gov 1584 Yanceyville Street PO Box 14996 Greensboro, NC27415-4996  Email correspondence to and from this sender iss subject tot the N.C. Public Records Law and may be disclosed tot third parties.  1    Certification of Municipal Declaration To Enact Speed Limits and Request for Concurrence  Concurring State Ordinance Number: 1083153 Division: 7 County: GUILFORD Type: Municipal Speed Zones Road: SR2199  Municipality: STOKESDALE  Car: 25 MPH  Truck: 25 MPH  Description: (Adano Road) between SR: 2102 (Angle-Pardue Road) and a point 0.243 miles South and East of SR 5045 (Barbelo  Dr)  Municipal Certification  Clerk of  do hereby certify thatt the municipal  governing body, pursuant tot the authority granted by G.S. 20-141(), determined upon the basis of ane engineering and above ont the designated portion of the State Highway System, which shall become effective whent the Department of Transportation has passed a concurring ordinance ands signs are erected glvingr notice oft the authorized speed limit.  traffic investigation and duly declared, oni the  day of  20  the speed limits as set forth  The said municipal declaration is recorded as follows:  Minute Book:  Page:  Ordinance Number:  Inv witness whereof, Ihavel hereunto: set my handa andi the municipal seal this  day  of  20  (signature)  (municipal seal)  Department of Transportation Approval  Division: Region:  Title: Title:  Date: Date:  Page 1of1    North Carolina Department of Transportation Traffic Engineering Accident. Analysis System  Features Report End 0.287  Inventoried 40002199  Begin 0.0  County GUILFORD  Route ID Milepost Milepost  Beyond Route Loop Limits  Feature 0.000 40002102 SR 2102 0.142 40005045 SR 5045  Distance to Next  Direction to Next  MPI No ID Feature Name/Type Special" Type  At grade intersection, 3 legs 0.142 North and East At grade intersection, 3 legs 0.000 North and East  01/04/2023  Page 1of1    ORDINANCE NO. 0-2023- ON ADANO ROAD  AN ORDINANCETO REGULATE THE SPEED LIMIT WITHIN THE' TOWN OF STOKESDALE  WHEREAS, thei municipality oft the' Town of Stokesdale became al body corporate and politic effective November 9, 1989 as provided by Chapter 488 Senate Bill 663 and as amended by Chapter 956 Senate Bill 1384 Session Laws of1 1989 ofthe General Assembly of WHEREAS, by General Statute (G.S. 20-141 (b)(1) the statutory speed limit within the incorporated areas ofai municipality: is 351 miles per hour until and/or unless changed and/or modified by duly enacted ordinances ofs said: municipality and after adoption by the State ofl North Carolina Department ofTransportation of concurring ordinances and upon the erection ofs signs giving notice oft the established and authorized speed limits. NOW,THEREPORE, BE IT ORDAINED by the' Town Council oft the' Town of Stokesdale as Section 1. The posted speed limit on. Adano Road (SR 2199) in Angels Glen Subdivision in Section 2. This ordinance: is adopted on the basis of engineering and traffici investigations  North Carolina; and  follows:  Stokesdale is therewith set and established as 25 miles per hour.  that iti is unsafe and therefore it shall be unlawful to exceed the speed limits established in this ordinance on the designated roads and/or highway as set forth  in Section 1 preceding.  Section 3. This ordinance is adopted pursuant tot the authority granted by G.S. 20-141 (f). Section 4. This ordinance becomes effective upon the adoption by the State ofNorth  Carolina Department ofTransportation of Concurring State Ordinance Number 1083153 and the erection ofs signs giving proper notice of the said established and  authorized speed limit.  Section 5. The enforcement oft this ordinance shall bei in accordance with the provisions of Section 6. This ordinance shall remain in effect until modified, amended and/or rescinded in  G.S. 20-169, G.S. 20-176, and G.S. 20-183.  due lawful course by the Town Council oft the Town of Stokesdale.  The 12th day of. January, 2023.  Mayor  Michael E. Crawford  ATTEST:  Town Clerk  Dale F. Martin    Agenda Item #10:  Discussion and Adoption of 2023 Health Reimbursement  Arrangement  Packet item will be forthcoming    Agenda Item #11:  A revised Separation ofDuties Policy will be distributed when  completed.    R-2023-  RESOLUTION CONSENTING1 TO THE ADDITION OF STREETS WITHIN NORTH RIDGE (PHASE 4) SUBDIVISION TO' THE SECONDARY ROAD MAINTENANCE: SYSTEM OF THE  STATE OF NORTH CAROLINA  WHEREAS, the North Carolina Department ofTransportation! has declared through Secondary Road Addition Investigation Reports (File G-15-22) dated February 24 2022 its that meets the minimum requirements for addition into the Secondary Road Backridge Drive, (.19 miles)  streets, Popular Bluff Drive (Extension of SR 4676)(121 miles) and  said  North Carolina; and  System oft the State of  WHEREAS, the cognizant District Engineer oft the North Carolina Department of Transportation does recommend the addition of Popular BluffI Drive (Extension ofs SR miles) and Backridge Drive, (.191 miles) to the Secondary Road System oft the State 4676)(.12 NOW, THEREFOR BEI ITI HEREBY RESOLVED THAT: The Town Council the Town of Stokesdale, North Carolina does herewith, after due consideration and on behalfof and without any objections being heard, concur and consent to the addition Drive (Extension of SR 4676)(.12 miles) and Backridge Drive, Road System oft the State ofNorth Carolina to the same owners have petitioned said Department This the 12th day of. January, 2023.  Carolina.  ofNorth  deliberation of] Popular Bluff  (.19 miles) to the Secondary degree and measure to which property  the  ofTransportation oft the State of North  same degree and measure to which the: said Department of Transportation does Carolina, and to recommend. acceptance into the said Secondary Road System oft the State ofNorth Carolina. now  Michael E. Crawford, Mayor  Attest:  Dale Martin, Town Clerk    STATE OF NORTH CAROLINA  DBPANMENTOTRANSOATON  ROY COOPER GOVBRNOR Guilford County Mr. Mike Crawford, Mayor Town of Stokesdale 8325. Angel Pardue Road P.O. Box 465 Stokesdale, NC: 27357  J.ERICBOYETTE SECRETARY  November 1,2022  Road Additions Poplar Bluff Drive (Extension of SR 4676) and Backridge Drive in the  North Ridge Ph 4 Subdivision in Stokesdale in Guilford County  Dear Mr. Crawford:  Attached is a copy of the Secondary Road Addition Reports, the property owner's petition, ai marked county maps and the subdivision plat for the addition oft the  roads:  following  Poplar Bluff] Drive (Extension ofSR 4676)  0.12: miles 0.19 miles  Backridge Drive  Iask for ai resolution concurring in the addition of these roads to the State  Maintenance System.  Sincerely,  SLNLk Bobby L. Norris, P.E. District Engineer  BLN/wr  Malling NCDEPARTMENT Address: OFT TRANSPORTATION DIVISION OFI HIGHWAYS P.O. DVBION7RISRTOFWAY BOX 14996 GREENSBORO, NC27415-4996  Telephone: (336)334-3515 Customer Fax: Service: (336)3 334-5331 1-877-368-4968 Wehsite: www.nedot.goy  1101 E. WENDOVERAVE. Location: GREENSBORO, SUITE200 NC27405    North Carolina Department of Transportation Secondary Road Addition Investigation Report  Division of Highways  County: Township: Local Name: Surface Type: S9.5B Base Type:  Guilford Oak Ridge  Co. File No: Div. File No:  G-15-22 Subdivision Name:  Date: Div. No:  2/24/2022 7  Poplar Bluff Drive (extension of SR 4676)  Northridge Ph 4 Length:  Surface Thickness: 2" Base Thickness: 10"  Width: 20' Pavement Condition:  .12 Good  ABC  *Bridges: YesD NoB *Pipe > 48": YesD NoX *Retaining walls within Right of way? YesD Nok  *IfYes - Include Bridge Maintenance Investigation Report  Is this as subdivision street subject to the construction requirements for such streets?  Yes  Recording Date: 12-06-2019 Additional Plats:  Book: 202 Page: 16  Number of homes having entrances into road: 6 Other uses having entrances into road: 0 Right-of-Way Width: 50' fright-of-way Is below the desired width, give reasons under" Remarks and Recommendations." Is the County Commissioners Approval (SR-2) attached? Yes Ifnot, why not? Is ar map attached indicating information for reference in locating road by the Guilford County  Is petition (SR-1) attached? Yes  Planning Department?  Yes  Cost to place in acceptable maintenance condition: Total Cost: $ 0  Grade, drain, stabilize: $ 0 Drainage: $ 0  Other: $ 0  Remarks and Recommendations: Road meets minimum requirements. Recommend addition.  Submitted  Hk Reviewed and Approved:  DIVISIONI ENGINEER  ILLEA  Reviewed and Approved  BOARD OF TRANSPORTATION MEMBER:  (Do not write in this space - For use of Secondary  Roads Unit  Petition: #  Form SR-4 (07/10/18)    North Carolina Department of Transportation Secondary Road Addition Investigation Report  Division of Highways  County: Township: Local Name: Surface Type: S9.5B Base Type:  Guilford Oak Ridge  Co. File No: Div. File No:  G-16-22  Date: Div. No:  2/24/2022 7  Backridge Drive  Subdivision Name:  Northridge Ph 4 Length:  Surface Thickness: 2" Base Thickness: 10"  Width: 20' Pavement Condition:  .19 Good  ABC  *Bridges: YesDJ Nok *Pipe > 48": YesD] Nox *Retaining walls within Right of way? YesD No  *If Yes -Include Bridge Maintenance Investigation Report  Ist this a subdivision street subject to the construction requirements for such streets?  Yes  Recording Date: 12-06-2019 Additional Plats:  Book: 202 Page: 16  Number of homes having entrances into road: 6 Other uses having entrances into road: 0 Right-of-Way Width: 50' Ifright-of-way isk below the desired width, give reasons under "Remarks and Recommendations" Is the County Commissioners Approval (SR-2) attached? Yes Ifnot, why not? Is a map attached indicating information for reference in locating road by the Guilford County  Isp petition (SR-1) attached? Yes  Planning Department? Grade, drain, stabilize: $ 0  Yes  Cost to place in acceptable maintenance condition: Total Cost: $ 0  Drainage: $ 0  Other: $ 0  Remarks and Recommendations: Road meets minimum requirements. Recommend addition.  Submitted by:  Hf4z Reviewed and Approved:  DIS/RICTE ENGINEER  HELE  DIMISION ENGINEER  Reviewed and Approved  BOARD OF TRANSPORTATION MEMBER:  (Do not write in this space = For use of Secondary  Roads Unit  Petition #  Form SR-4 (07/10/18)    RECEIVED BY NCDOT:: 2/24/2022  North Carolina Department of Transportation  Division of Highways Petition for Road Addition  ROADWAY INFORMATION: (Please PrintType)  County:  Guilford  Road Name:  Poplar Bluff Drive (Extension of SR4676) (Please liste additionals street names and lengths ont the back ofthis form.)  Subdivision Name:  Northridge Ph 4  Length (miles): Located (miles): 4676 and Route (SR,NC,US)  .12 .29 4687 (SR, NC,US)  Number of occupied homes having street frontage: miles NOSDED WR of the intersection of Route We, the undersigned, being property owners and/or developers of  6  (Check one)  Northridge Ph 4  in  Guilford  County, do hereby request the Division of Highways to add the above described road.  CONTACT PERSON: Name and Address of First Petitioner. (Pleasel Print/Type)  Name: Brent Sievers (Developer)  Phone Number: (336) 544-6432  Street Address: 8518Triad) Dr. Colfax, NC27235 Mailing Address: 8518 Triad Dr. Colfax, NC27235  PROPERTY OWNERS Mailing Address  Name  Telephone  Form SR-1 (3/2006)    INSTRUCTIONS FOR COMPLETING PETITION: 1. Complete Information Section  2. Identify Contact Person (This person serves as spokesperson for petitioner(s). NCDOT review and approval only require the developer's signature.  3. Adjoining property owners and/or the developer may submit a petition. Subdivision roads with prior 4. Ifsubmitted by the developer, encroachment agreements from all utilities located within the right of way shall be submitted with the petition for Road addition. However, construction plans may not be  required at this time. 5. Submit to District Engineer's Office.  FOR NCDOT USE ONLY: Please check the appropriate block  D Rural Road  Subdivision platted prior to October 1, 1975  Subdivision platted after September 30, 1975  REQUIREMENTS FOR ADDITION  Ifthis road meets the requirements necessary for addition, we agree to grant the Department of Transportation a right-of-way of the necessary width to construct the road to the minimum construction standards of the NCDOT. The right-of-way will extend the entire length of the road that is requested to be added to the state maintained system and will include the necessary areas outside oft the right-or-way for cut and fill slopes and drainage. Also, we agree to dedicate additional right-of-way at intersections for sight distance and design purposes and execute said right-of-way agreement forms that will be submitted to us by representatives of the NCDOT. The right-of-way shall be cleared at no expense to the NCDOT, which includes the removal of utilities, fences, other obstructions, etc.  General Statute 136-102.6 (see page 29 for Statute) states that any subdivision recorded on or after October 1, 1975, must be built in accordance with NCDOT standards in order to be  eligible for addition tot the State Road System.  ROAD NAME Poplar BluffDrive (Extension of SR4676) Backridge Drive  HOMES 6  LENGTH ROADNAME  HOMES  LENGTH  .12  6  .19  Form SR-1 (3/2006)    Pwlhezinh Gakes  PLATE BOOK 2.02- PG 1G  LAAE CEEKS KovSET  RE-RECORDATION FINAL PLAT NorthyRidge Phase 4  PB.192PG.112 PHASE2.  FFleming Engineering, Inc. &LAND: 8518 Triad Drive Colfax, Phone -9797 C-0950 FAT CASE    731  65 .93  50  158 16  158  68  Mojosc  STOKESDALE POP. - 5,935  158  Beletus  Hau  3  8741  68  N 3 ) )  Haw  150 2.93 D-H .06 .05 D-H .17  73  OAKIRIDGE POR7,488  68  ne  Matchu    2042  2045  2046  2047  2043  20  2046 2048 2051 2046 2046 2052 44787 a 2053 68 2046 2054 208Z Stokesdale Pop. 5,935 2046 5007 2102 2101 Stokeedale Elementary 2102/ School 5040 / 5042 5039 5041 2102  2044  2045 4608 4602 2049 458 2037 4462  2061 20  2069 468Z 4688  2062 2056 2056,  467Z 4676 75  2036  5043 85044 2199  2034  4879 4880/ 4381  4879  2034  4642 4482 4423 4424 4482 4437 4423 4616 4628 4639 4614  2028  2028  2035  4886 4885  2033 2034 4614 4424  4887 4886 4887 4825  4664 4672 2034 4671  4653 4628 4640 14646 4616 4610 4661  461    EXHIBIT A  EXCELLENCE LAWNCARE & LANDSCAPING COMMERCIAL &x RESIDENTIAL  7800 Pond ridge Court Stokesdalel NC27357 336-558-3667 DheringQexcelencelayneare.com Licensed & Insured Proposal & Agreement  Submitted to: Jim Rigsbee & JimmyLandreth Stokesdale town hall/park 8325. Angel pardue road Stokesdale NC27357  We hereby submit an estimate for lawn & grounds maintenance to include all items 1.N Mowing all areas oftown hall, Stokesdale park (minus soccer fields) and water tower 2. Trimming all areas per visit and especially providing a clean, clear neat walking trail. 5. Weeding all areas will be kept weed free (mulch beds, sidewalks, walking trail etc) 6.I Leafservice all areas will be blown each visit September to February and as needed to 7. Pruning- correct pruning will be performed on all shrubs around town hall and 8. Trees will be pruned ini the winter months and all edges kept neat.  detailed (1-8) on1 the attached work ofs scope.  on 158.  3. Blowing Debris all areas will be blown off per visit and kept neat. 4. Aerating will be done in the fall on all areas minus the soccer field.  maintain and neat appearance.  walking trails to keep a nice neat appearance.  Please Note: Additional bids asked to price willl be listed at the bottom of proposal.  Wel hereby propose to: furnish labor and necessary tools to completely in accordance with the above specifications, for the sum ofTWO THOUSAND DOLLARS ($2000) MONTHLY FOR 121 MONTHS, for an annual rate of($24000)    All materials is guaranteed tol be as specified, all work to be completed ins a respectable manner according to standard practices. Any alteration or deviation: from above specifications involving extral labor/costs will be executed only upon written orders, and  will become an extra charge over and above the estimate.  Authorized Signature: Date: 318/a1  ACCTANGKOTFAOTCAL  The above prices, specifications and conditions arel hereby accepted. You are authorized to do the work as  specified! beginning 4/1/2021. Payment willl bei made as outlined above. ACCEPTED! BY JOHN ELYMEMAYK  Printed nanie. & title  AUTHORIZED SIGNATURE:  DATE:  AKE  Additional Bids as asked toi include:  1. Seeding and: fertilizing all grass areas after aerating with exclusion ofs soccer fields, 2. Snow removal for parking lot and sidewalk- (priced at $60.00 per hour ice melti is 3. Mulch- ($75 per cubic yard ofr mulch delivered and installed and all beds edged)  ($2,000)  additional at .90 cents per pound.)    TG hof EGIaa8 Road POBox Stokesdale, C27357  D Mayor. John Flynt Mgyor Pro Tem Thearon Hooks Town Attomey" Tom Medlin  Jimmy Landreth Jim Rigsbee Derek Foy  General Scope of Work monthly installments. Service Begins 4/1/2021  Please bid items 1-8 in at an annual rate to be paid in 12 equal 1.Mowing: Mow common areas, at entrances, along walking trail, and all areas inside the property except the soccer field throughout the 40-week growing season to always maintain a neat appearance. Vendor to notify staff of any problems found on the property. Water Tower Grounds will also be mowed during the 40-week growing season to always maintain a neat appearance. 2. Trimming. Trim each mowing visit as needed around sidewalks, street, utility boxes, steps, bed borders, trees, etc. Special attention to trimming back tree limbs/branches overhanging the walking trail on the north border ofthe park against the wood line to ensure the branches do not extend into the walkway. 3. Blowing Debris: dewalsDnvewgylanng lots will be blown off each visit and month as needed to remove 4. Aerating. Aerating will occur in the fall for the full turf  debris during mowing season. area except the soccer fields.  5. Weeding. Weed all flower beds and circular mulch around trees as needed. There should be no prevalence of weeds 6. LeafService: Leaves are to be moved to natural areas perimeter every other week starting in mid-Septemberand  in these areas.  extending through mid-February.    7. Pruning will be' ne for perimeter plans around the own Hall Building as needed to maintain consistent and neat 8. Trees within edged beds will be pruned in winter months and bed edges will be maintained for neat appearance. 1. Seed all grass areas after aerating. Note this does not include the soccer field. Itincludes grass areas in the park, town hall, and the water tower and Chlorine Station. 2. Snowplow (parking lot) and shovel (sidewalk) price per  appearance.  Includei in Bid as Separate Price  hour.  DH    NORTH CAROLINA GUILFORD COUNTY  SERVICES AGREEMENT  THIS SERVICES AGREEMENT is entered into this 12th day of April, 2021, by and between The Town of Stokesdale (hereinafter "Stokesdale"), and EXCELLENCE LANDSCAPING &1 LAWN CARE, LLC, al North Carolina limited liability company located at  7800 Pond Ridge Court, Stokesdale, NC27357 (hereinafter "Provider").  For and in consideration of the terms and provisions hereinafter set forth, Stokesdale hereby contracts for the services of the Provider, and the Provider agrees toj provide the services for commercial lawn and grounds maintenance in accordance with the terms ofthis Agreement. 1. The services to be performed by the Provider and the supplies and materials to complete the work shall be as shown on the attached Exhibit A (Proposal of Provider and General Scope of Work), which is incorporated herein by reference. This Agreement shall not include services or materials for seeding and fertilizing, snow removal, or mulch.  2. The term of this agreement shall be from April 12, 2021 until March 31, 2023. This agreement may be terminated prior to the end oft the term by either party upon nineth (90) 3. As full compensation for the Provider's services, Stokesdale agrees to pay Provider the sum of Twenty-Four Thousand Dollars ($24,000.00) annually. Prior to payment, Provider shall supply Stokesdale with a valid IRS Form W-9. Provider shall be paid upon the following schedule: the sum of Two Thousand Dollars ($2,000.00) on a monthly basis due on the first day of each month, and for any partial month the monthly payment shall be prorated based on a3 30 day month (i.e. 4/12/21 to 4/30/21 =1 18/30x$ $2000=$ $1,200.00).  day's written notice to the other party.  4.  The Provider shall act as an independent contractor and understands that no  federal, state, or other payroll tax of any kind shall be withheld or paid by Stokesdale on behalf of Provider or employees of the Provider. Provider shall be responsible for providing and maintaining general liability insurance, worker's compensation insurance, and any other  appropriate insurance required by this Agreement or North Carolina law.  5. Thel Provider shall defend, indemnify, and hold Stokesdale, its officials and agents harmless from and against all claims, damages, loss and expenses arising wholly or inj part out of any act or omission oft the Provider or its employees, related to the execution of this Agreement.  (Insurance coverage?) 6.  Stokesdale shall notl be liable to the Provider for any expenses paid or incurred by  the Provider and not provided within the scope of services of this Agreement unless otherwise agreed in writing. The Provider shall supply, ati its sole expense, all equipment, tools, materials, and/or supplies required toj provide the contracted services unless otherwise agreed in writing.    7. The Provider warrants that it has complied with all federal, state and local laws regarding business permits, certificates, and licenses that may be required to carry out the services to be performed under this Agreement and agrees to comply with all state and federal occupational safety and! health laws, regulations and standards relating to the services covered by this Agreement. Provider warrants that its work will be free from defects in materials and workmanship for a term of one (1) year from the date of completion of its services. Provider shall, prior to signing this Agreement, file all necessary Annual Reports with the North Carolina Secretary of State and shall maintain said Reports during the Term of this  Agreement. 8. signed by all parties.  This agreement shall be governed by and construed in accordance with the laws  of the State of North Carolina. This Agreement may not be modified unless in writing and  IN WITNESS WHEREOF, Stokesdale and Provider have set their hands and seals  effective. as ofthe day and year first above written.  Towno ofs Stokesdale  Excellencel Landscaping & Lawn Care, LLC  - /  hnn  Byà  Bite  Name: ThARoN GHhset Name: Dominick) Herring  Tile_Ater fho-Tgm This instrument has been preaudited in the manneri required by the Local Government and) Fiscal Control Act.  Title: Member/Manager  Officer  Cv    Agenda Item #14:  Consideration of Budget  Amendment #2 for FY 2022- 2023 and to create line item for  Emergency Water Repairs.  Agenda item will be  forthcoming.    NORTHCAROLINA GUILFORD COUNTY  SBRVICES AGREEMENT  THIS SERVICES AGREEMENT is entered into this 1 day of JONE 2020, by and between The Town of Stokesdale (hereinafter "Stokesdale"), and The Computer Store, Inc, d/b/a Total Computer Solutions of 5601 New Garden Village Drive, Greensboro, For and in consideration of the terms and provisions hereinafter set forth, Stokesdale hereby contracts for the services oft the Provider, and the Provider agrees to provide the services 1, The services to be performed by the Provider include monthly workstation security support and monthly backup and recovery support, and the supplies, materials, and assumptions to complete the work shall be as shown on the attached Exhibit A (Proposal of Provider consisting of5 pages dated 5/7/20), which isi incorporated herein by reference. 2. The term oft this agreement shall be from June 1, 2020 until May 31, 2022. This agreement may be terminated prior to the end oft the term by either party upon sixty (60) day's 3. As full compensation for the Provider's services, Stokesdale agrees to pay Provider the sum ofThree Hundred' Ninety-Six and 50/100 Dollars ($396,50) per month for the monthly services, Stokesdale also agrees toj payaone-time workstation security setup fee ofOne Hundred Fifly Dollars ($150.00) and a one-time backup and recovery setup fee of Three Hundxed Fifly Dollars ($350.00). Prior to payment, Provider shall supply Stokesdale with a valid IRS Form W-9, The setup fees will bei invoiced to Stokesdale upon completion oft the setup 4. The Provider shall act as an independent contractor and understands that no federal, state, or other payroll tax of any kind shall be withheld or paid by Stokesdale on behalf of Provider or employees of the Provider. Provider shall be responsible for providing and maintaining general liability insurance, worker's compensation insurance, and any other 5. The Provider shall defend, indemnify, and hold Stokesdale, its officials and agents harmless from and against all claims, damages, loss and expenses arising wholly or in part out of any act or omission ofthel Provider or its employees, related to the exeoution ofthis Agreement. the Provider and not provided within the scope of services of this Agreement unless otherwise agreed in writing. The Provider shall supply, at its sole expense, all equipment, tools, materials, and/or supplies required to provide the contracted services unless otherwise agreed in writing.  North Carolina 27410 (hereinafter "Provider").  to Stokesdale in accordance with thet terms ofthis. Agreement.  written notice to the other party,  work. The monthly support. fees will bei invoiced on a monthly basis.  appropriate insurance required by this Agreement or North Carolina law.  6,  Stokesdale shall not be liable to the Provider for any expenses paid or inourred by    7. The Provider warrants that it has complied with all federal, state and local laws regarding business permits, certificates, and liçenses that may be required to services to be performed under this Agreement and agrees to comply with all state carry and federal the occupational safety and health laws, regulations and standards relating to the services covered this Agreement. Provider warrants that its work will be free from defects in materials and by workmanship fora a term ofone (1), year from the date ofcompletion ofi its services.  out  8. signed by all parties.  This agreement shall be governed by and construed in accordance with the laws  of the State of North Carolina. This Agreement may not be modified unless in writing and  IN WITNESS WHEREOF, Stokesdale and Provider have set their hands and seals  effective as of the day and year first above written.  TOWN OF STOKESDALE Owhlt Nufloho Elyaif Title: Mayor  THE COMPUTER STORE, INC. d/bla TOTAL COMPUTER SOLUTIONS By 0RR -  Name:  Cheis 7ARD  6/2/2020 Title: OPEPATONs MMKn  This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Lin dab Finance Officer    This agreement proposal has been specifically written for:  Town of Stokesdale  Jim Rigsbee 8325 Angel Pardue Road Stokesdale NC 27357  melmlol@gmalcon  Thank you for allowing us to submit this proposal and for entrusting us with your technology needs. TCS's vision ist to be the most trusted information technology partner in Centrall North TCS has custom engineered this solution to be stable, reliable and secure and unless significant change or growth occurs this solution should provide Town of Stokesdale with the optimum ROI  Carolina. Barry Utesch- - President  on their technology investment for the next three to five years.  Total Computer Solutions, (336) 632-0860f fax (336) 632-1568 www.tcsusa.com FEZ  flat fee IL. 5601 New Garden' Vilage Dr. Greensboro, NC27410  cs.  totalcomputerplitions:  1of6    Assumptions  These assumptions are the foundation for this proposal  Unless specifically stated otherwise, some down time ist 10 be expected as part of this) project and every effort High speed circuits are up and fiunctioning properly with) public static routable IP addresses. All existing equipment and any additional equipment that willl bei integrated into the network arei in good All workstations in the current network are free ofv viruses, ad bots and other significant problems. All work will be performed during normal business hours except where noted otherwise. Client accepts responsibility for scheduling 3rd party application vendors tol be availablei ifthere is a problem with their specific application. Ifa3 3rd party application problem causes TCS to incur additional time on this project client agrees that this willl be considered "out ofs scope" with additional charges for time being Existing cabling infrastructure, including switches, are 1001 MB/CAT5 or better and considered sound and stable. Ifremediation ofs same is not included ini this proposal, then any delays or additional work caused by Setup or configuration of Smart Phones, Tablet's or other similar devices is not part ofthis scope unless Client will assist int the creation ofs success criteria and verification and testing procedures.  will be made to keep this toar minimum.  working order.  understood.  deficient infrastructure will be billed as 'out ofs scope'.  specifically stated otherwise.  Client will provide access requirements, both physical and virtual.  Client will provide all necessary software, licensing, and hardware to implement this solution unless otherwise noted and client assumes full responsibility for licensing compliance ofa any software, they provide to TCS for Client acknowledges that TCS has been selected for this work because oft their expertise and agrees that they will make changes toi the existing equipment configuration as suggested by TCS CSM's or Analysts. Ifthese changes are considered foundational to the success ofthey project TCS may requirea waiver be signed absolving TCS from a specific problem that in our opinion will likely occur and or additional charges for delaying the The knowledge transfer andi training provided in this solution willl be delivered one time to at least one system  installation.  project may bei incurred. administrator level employee.  Total Computer Solutions, (336) 632-0860f fax (336) 632-1568 www.tcsusa.com 09  flatfeeit 5601 New Garden' Vilage! Dr. Greensboro, NC2 27410  dent  fatel  tos.  tolalcomputersalations  2of6    Date 05/07/20  Quote # TCSQ2893  Mtolaicomputersaltiois Sold To: Town of Stokesdale Jim Rigsbee 8325 Angel Pardue Road POI Box 465 Stokesdale, NC 27357 United States Phone: Fax:  tcs  Agreement Start Date: 6/1/2020 Agreement End Date: 5/30/2022  Months:  24  Client Strategy Mgr (CSM) andy Unit Price $19.50 $150.00  Qty Description 7 1  List Price $19.50 $275.00  Ext. Price $136.50 $150.00  --Monthly Workstation Security Support-- --One Time Workstation Securlty Setup--  --Monthly Backup and Recovery Support-- --One Time Backup and Recovery Setup-- Qty billed Monthly will be actual. Taxes are based on the state you do business in. Please contact me ifi can be of further assistance.  $309.00 $500.00  $260.00 $350.00 Monthly Agreement  $260.00 $350.00 $396.50  flat fee it.  Initiais  tolalcumputerslstions  Lcs  3of6    Agreement Signature Page  This Statement of Work (SOW) is part of"The Master Service Agreement" already signed by" Town of Stokesdale and TCS. If you need to1 review." The Master Service. Agreement, please Jet us know and we will be happy toj providei it to you. Thei term oft this agreement willl begin on 6/1/2020 and end on 5/30/2022. Thisi isa 24 month agreement. The first term oft this agreement will commence ont the Effective Date and will continue for (12) months thereafter, ending on the last day Thej pricing for the work being proposed is shown on another page of this document. All work considered Time and  Term  oft the calendar month in which such 24 month period falls  Cost Information  Materials or hourly willl be billed based on the following ratet table.  Standard Rate Agreement Rate  Network System Analyst Project Manager  $135 $155 $180  $115 $135 $155  Unless stated otherwise: Saturday and evening work willl be billed at 1.5 times the normal hourly bill rate. Sunday and' TCS observed holidays will be billed at 2.0 times the normal hourly rate. Travel time, mileage and per diem charges are billed Please indicate your acceptance of this statement of work by signing below. Ifclient adds or subtracts users, the items on this agreement that are quantity based will change accordingly. Ifclient adds additional services or subtracts services, then Ihereby agree that I have read and understand the accompanying TCS proposal and statement of work. In addition,I  separately. Acceptance  anew statement of work willl be presented for signature.  accept this proposal and authorize TCS to begin in accordance with this statement ofwork.  This Quote is valid for a period of30 days from May 27. 2020  Town of Stokesdale Name TCS: E Barry Utesch Signature  Flywt  Title: Maypr Date: /2/2020  Title: President Date:  Total Computer Solutions, 5601 New Garden' Village Dr. Greensboro, NC2 27410 (336) 632-0860f fax (336) 632-1568 www.icsusa.cam E7  flati fee it  i  totalcomputersolations  4of6    Workstation Security Monthly Service Plan  The purpose of the TCS Workstation Security product is to minimize the likelihood of your network becoming infected with malware and tol keep your workstations up to date to reduce support issues. Because the workstation is the most likely point for a network compromise' TCS has created the Workstation Security Suite oft tools and services. Below is a detailed list of what is included. Whati is important to) you is that we are keeping your workstations healthy, optimized and secure.  Continuously Monitoring and Alerting for these Conditions  Anti-Virus is missing, Anti-Virus software is ageing, Anti-Virus software has errors, Hard drive capacity is approaching critical level, Hard drive is showing errors, memory usage is approaching critical level, Memory is showing errors, Clock or times sync errors, Previously blacklisted software has been installed, Reboot has not been performed in the past two weeks, Microsoft security patches & software updates are Installl Malware software updates, Install Microsoft critical updates and security updates, Install Microsoft Office updates, Install Microsoft service packs, Install Microsoft general updates and roll ups. Install from al list of130+ unique 3rd party applications like Adobe, Dot-Net, Chrome, Etc. We can also blacklist any updates or applications that conflict with your applications. Weekly random test phishing of ally your email Email Security video training ofall Email users and reporting on whol has completed or not completed this training. Rebooting workstations that have not rebooted recently. Reporting onl Malware & Drive by  not current. Weekly. Activities  users, Monthly Activities  requests, command & control requests.  5of6    BACKOIP: RESTOR:  TCS Backup & Disaster Recovery as a Service  Monthly Service Plan  The purpose of the TCS Backup & Disaster Recovery Service (BDR) is to provide you with peace of mind. Knowing that ai team of professionals is overseeing your backup to make sure it runs correctly each day. Ifyou ever need a file reloaded, TCS is there to handle this for you. You and your staff don't need tos spend time working withs software that you only touch once or twice a year. Ifyoul havea a fire, flood or some other kind of disaster TCS will work with) yout to1 recover your data from our offsite facility  and get you back and operational quickly.  On-Site Appliance ITB of offsite storage  Incremental backups set toi run every 21 hours during the business day  A 256Bit AES encrypted backup image copied offsite eachi night to a remote datacenter  Daily confirmation that your backup ran properly Daily confirmation that the backup moved offsite properly Restore a file, directory or partition simply by calling our support desk  Cloud Virtualization  Additional Services  500MB of added offsite storage $100 Larger On-site Appliance due to unusual growth $500 On-site virtualization of servers -custom Pricing is not part of our flat fee IT: solution, Client Minimum Requirements  Re-imaging of client server(s) from BDR appliance will be done on a time andi materials basis ifthe client This solution may require that you increase your Internet bandwidth to allow offsite data copy to complete nightly. Please contact TCS before resizing a partition, defragging server hard drives, performing database maintenance, or copying very large files. These actions can create ane environment that will fill up the drive on your BDR and requirea new base image be sent offsite.  More than 4s servers require special pricing or multiple. BDR appliances  6of6    Total Computer Solutions Master Services Agreement  This Master Sorvices Agreement (this' "Agreement") is between' Total Computer Solutions, Inc., al North Carolina thatr maintains an office at 5601 New Gardon Village Drive, Greensboro, North Carolina 27410 ("us", "our", "we" or* corporation "TCS"), and you, tio entily who signs this dogumeut in the signatare. block below, eleutrunivally or otherwise ("yon", "your" or "Clent"). This Agreement is effeotiven a8 oft the latest dato ofthes signitures ofthep parties below ("Bfbotive Date"). I) SCOPE. OF SERVICES; sOW, This is a master ugreement that governs all sérylcels that we. porform, as well as any services, licenses, or products thaty wo sell or re-sell tos yon (colleotively, the "Services"). The Services are not described in this Agreement; instend, the Services will be described in one or more orders, proposals, or statemonts of work that we provide to you (each, a "SOW"). Onoe you and we mutually agrep to a soW (either by signing it or by olectronic acceptance), the sOW will be governed under this. Agreement. Ift thore is a material differenoe betwsen tho language sOW and the language in this Agreement, then the language of the SOW will gontrol, except in situations ina warranties, limitations of] liability, or termination of this. Agreement. Under those Hmited circamstances, the terms involving of this Agreement will controlt unlesst thes SOW expressly states that itiso ovorriding the conflictiog provisions ofthis Agroement. a) Emvtonment. For the purposes of this, Agrosment, "Environnen" menns, colleotively, the portion of nelwork (cloud-based or otherwise), computer syster, peripheral or device (virlual or physical) that we. maintain, any monilor, computer or operate pursuant to a sOW. The scope ofa sOW, and the fees charged under a SOW, are generally determined needs and the contiguration ofthe Environment as ofthe datet thatt the soWi iss signed. Therefbre, tos avoide a delay Qr negative byyour impaot on our provision ofthe Services, andt tor mitigate against certain potential costs involvedi in correoting Client-originated issues, you agree to refrain from modifying or moving the Environment, ori installing soflware ont the Environment, unless we b) Requirements. At all times, all software in the Environment must be genuine and licensed, and you agree to provide us with proof of such licensing upon our request. If we desoribe minimum hardware or software requirements in a sOW ("Minimum Requirements"), you agres to implement those Minimum Requirements as an ongoing o) Updales: Patohes and ipdatés tol hardware and software ("Updates") are created and distributed by third as equipment or soflware. manutapturers--and, may be, supplied to us firom time tot time fori installation into the) partios-suph Environment. Ifr required unders a SOW, we will Implement and follow the manufacturers' recommendations for thei installation ofUpdates; however, () wo do not warrant or guarantee that any Update will porform proparly, (ii) We will not be responsible for downtime orl losses arising firom ort related to the installation, use, ori inability tol use any Update, and (it) wer reserve the any but not the obligations, to roftain from installing an Updato until wel have determined, in our reasonable disoretion, that right, the Updates will be compatible with the configuration of the Environment and materiaily beneficial to the features or d) Third Party Support. Ifin our discretion al hardware or software issue requires vendor or OEM support, wer may contact the vendor or OEM (as applicable) on your behalf: and pass through toyour all fees and costs associated with that such: fess or costs are anticipated in advance or excoed $150, we will obtain your permission before incurring those process, e) Advice; Instruction. From time to time, we may provide you with speciflo advice and direotions rolatedt tot the Services ("*Advice"). (For example, our Adyice mayi include increasings server orl hard drive capacity or roplacing obsolete equiptent.) You are strotgly advised to promptly follow our advice which, depending on the situation, may require to make additional putchases or investments ini thel Environment at your sole cost, We aret not rosponsible for any problens you ori issues (suoh as downtime or security-related: issues) oused bys your: failure toj promptly: follow our Advice. If, inc our failure to follow our. Adyice renders patt or all oft the Sorvices economically ort technioally uareasonable to provide, disorotion, then we may terminate tho applicable sOW for cause by providing totice oft termination to you. Unless speoifically and statedi inas sOW, any services required to remediate: issues caused by; your failure to follow our Advice, or your unouthorized expressly modification oft the Environment, as well as any: services required to bring the Environment up to or maintain the Minimum f) Prioritization. All Services will be performed on a schedule, and in aj prioritized manner, as we determine reasonable g) Authorized Conlactfs). We wifl be entifled to rely. dn any. directions or consent proyided by. your personnel or representatives who ato authorized in a SQW to providé suck directions or consent ("Authorized this Agreement, (ii) whos sigued the applicable sOW, and/or (i) who are generally designated by you during the course of our relationship toj provide us with diroction or guidance. Ifwe are unsurs whether a person is an Authorized Contact, we may delay the Services until we can confirm tho person's suthority within your organization. IFyou desire to change your  2) GINERALRIQUIREPMENTE  expressly authorizes such activity. providing the! Services toy you,  of us  requirement  funotionality oft the affected software orl hardware.  If expenses  ons your bohalfunlcss exigent ciroumstanoes requiret ust to act otherwise.  your  Requirements, are out-of-scope and not covered under any sOW.  and necessary, Authorized Contact  If no  Contacta").  is identified: in an applicable sOW, then your Authorized Contact wili be the person(s) () who signed  1of8    Authorized Contact(s), please notify u8 of such ohanges in writing which, unless exigent dronmstances are stated in your h) Insirance, If you are supplied with TCS-owned or TCS-liçensed equipmant or soflware (collectively, "TCS Equipment"), youi agreo fo: acquire and maintain, aty your sole cost, insurance fort the ful replacement value oft that equlpmerit. TCS must be listed as an additional insured on any polioy acquired and maintalned by you uder this Agremét, arid the policy will not be canceled or modified during thet term oft the mppliçable SOW without prior notification to' TCS. Upon our reguust, you agrée to provide proof of insurance to us inoluding proof of payment of any upplicable premfie or other 3) FEES; PAYMENT. You agres to pay the fees described: ini cach sOW. Iftho-sow. does not inplude a fie schédule, then yous agrea to pay us on mn hgurly basis pursuant to our then-curront! standard hourly rite. schedulo, You ard responsible for sales tax and my other taxas or governmental fees assooiated witht the Services. Ifyou qualfy forat tax éxemption,) you inust provide us with a valid certificate of exemption or otlor appropriate proof of exemption, You are glso responsible for all freight, insurance, andt taxes (inoluding! but notl limited to inport or export duties, salas, use, vale add, and exclet taxes). a) Schedule. Unless: otherwise stited fira sOW, all undisputed foes will be due andj payable in advance ofthe proyision oft the Services. Ifapplicable, payments made by ACH or credit card will be made ont thet first! business day of the month in b) Nonpayment. Fees that remain unpaid for more than fifteen (15) days after tho date on thei invoice will be subject to interest ont the unpaid amount(s) until andi including the date payment is received, at the lower oft either 1%1 per month or the maximum allowable. rate ofi interest permitted by applicable law. Wer reserve the right, but nott the obligation, tos suspend part or all oft the Services without prior notice tos youi int the event that any portion ofu undisputed fees are not timely received! by us, andi monthly or reourring cherges shall continue tos açorue during any period ofs suspension. Notice ofd disputes related tot fees must be recelved by us within ninety (90) days after the applicable Service is rendered or the date On which you pay an invoice, whichever is) later; otherwise, your waive your right to dispute the fee thercafter. Are-connect fees may be charged to youi ifwe suspend the Servioes duet to; your nonpayment. Timei is oft the essencsi int thet performance ofall payment obligations 4) ACCESS. You hereby grant to us thet rightt to1 monilor, diagriose, manipulate, communicate with, retrieve information fiom, and otherwise- access the Envirenment on a 24x71 basis for the purpose of enabling u8 to provide the Services. Itis your responsibility to secure, at your own cost and prior to the commencement of any Scrvices, any necessary rights of entry, licenses (including software licenges), pormits or other permissions necessary for us toj provide Services to thel Environment and, ifapplioable, at your designated premises, both phystoally and virtually, Proper and safe. environmental conditions must always bep provided audi assured by you, Oury porsonnel will not be required to engage Ins any: activity or provide any Servicos under conditfons that pbsa or may pose a safety oF henlth concern, or that wonld require exiraordinary or non-industry a) Harthide Sofvare. Purchased. Trough TCS. Unless otherwise stated in a sOW, all hardware, soflware, peripherals or accessories purchased through us ("Third Party Products") are nonrefundable once the produet. is. plaoed In the delivery quoue by the product's manufacturer or third party reseller, We will use réasonable efibrts to assign, transfer and faoilitate all warranties (ifany) and third party service level commitments (ifany) fort the' Third! Paity Prodigots to you, butwilll have no liability whatsoever for the quality, functionality or operabilily of any" Third) Patly Prodsots, andy we willi not bel held Hable as an insurer or guarantor of the performance, uptime or usefulness of y' Thixd Parly Products. Unless ptherwise expressly statedi in: a sOW, all' Third-Party. Products are provided "as is" and without any warranty whatsosver as betweon' TCS and b) Liabllity Limitations. This paragraph limits tho liabilities arising wnder this Agreement or any SOW and is a bargained-for and riterial part of this Agreoment Yon, apknowledge and agree, Ahnt we would not enter into this Agreameni unless it conid) rely an the limitations dosoribed in this paragraph. All Servioes are proviled" "as is.". In no evont shall either party bel liable for anyi indirect, speoial, exemplary, consequential, or pmitive damages, such as lost rovenue, oss ofprofits (except fori feas due: and owingt tot us), savlings, or other indirept or contingent event-based economial loss arising out of or in connéction wich this Agreoment, any sOW, or the Services, or for any loss or inlérrption of data, tcohnology or services, or for any breach) hereof or for any damages caused bya any dolayi ini furnishing Services under this Agréement or any sOW, even ifa party has been advised oft tho possibility ofe such damages; however, reasonable attorneys' fees awarded toa prevailing party (as described below) shail not bel limited by the foregoing limitation. Except for your payment obligations, indomaifioation obligations, and payment ofattorneys' fees (as desoribed olsewhere int this Agroement), a responsible party's ("Responsible Party's") aggregate liability to the other parly ("Aggrieved Party") for damages from any sud all claims or causes whatsoever, andi regardless of thei form of any such action(s), that arise from or relatet tot (his Agreement (colleclively, "Claims"), whether in contract, tort, indermification, or negligence, shall be Hmited golely to the amount of the Aggrieved  notice, willt take effeot three (3) business days after wei receive yourz notice,  amounts due under the insurance policy,  whicht the Services are tobeprovided.  bys you.  standard efforts to achiove,  5) LIMITED WARRANTIES; LAMITATIONS OFLIABILITY.  you (including! butr not! limited toi implied warranties).  Page2af8  2of8    Party's actual and direct damages, not to exceed the amount of fees paid by you (excluding hard costs for licenses, hardware, etc.) to TCS for the specific Service upon which the applicable claim(s) is/are based during the six (6) month period immediately prior to the date on which the cause ofa action accrued. The foregoing limitations shall not apply to the extent that the Claims are caused by a Responsible Party's willful or intentional misconduct, or gross negligence. Similarly, a Responsible Party's] liability obligation shalll bei reduced tot the extent that a Claim is caused! by, or the result of, the Aggrieved atminarras.lemiss from and against any and all losses, damages, costs, expenses or. liabilitieinclnding reasonable attorneys' fees, (collectively, "Damages") that arise from, or are related to, the Indemnifying Party's breach of this Agreement. The Indemnified Party will-have the right, but not the obligatien, to control the intake, defense and disposition of any claim or cause of action for which incemmiy-mu-hesoight under this section. The Indemnifying Party shall be permitted to have counsel of its choosing partieipate in the derense-of.the applicable claim(s); however, () such counsel shall be retained at the IndemnifingParty's: sole cost, and (i) the Indemnified Partyls.counsel shall be the ultimate determiner of the strategy, and-defense of the claim(s) for which indemnity is provided. No claim Torwhich.indemmiy is sought by an_Indermined Party wil), be settled without the Indemnifying Party's prior written consent,whjeh shallnorbe, Agreement. Each SOW will have its own term and will be terminated only as provided herein, unless otherwise expressly statedi in the applicable SOW. The termination of one SOW will not, by itself, cause the termination of(or otherwise impact) a) Termination Without Cause. Unless otherwise agreed by the parties in writing or otherwise permitted under this Agreement, no party will terminate this Agreement without cause if, on the date of termination, a SOW is inj progress. In addition, no party will terminate a SOW without cause prior to the SOW's natural expiration date. Notwithstanding the foregoing, ifTCS decides to cease providing a service to all ofits customers generally, then we may terminate the applicable SOW (or the applicable portion of the SOW) without cause by providing no less than one hundred and twenty (120) days prior written notice to you. Ifyou terminate a SOW without cause and without TCS's consent, then you will be responsible for paying the termination fee described in Section 7(b), below. Ifr no SOW is inj progress, then either party may terminate b). Termination For Cause. In the event that one party (a "Defaulting Party") commits a material breach under a SOW or under this Agreement, the non-Defaulting Party will have the right, but not the obligation, to terminate immediately this Agreement or the relevant SOW (a "For Cause" termination) provided that (i) the non-Defaulting Party has notified the Defaulting Party of the specific details of the breach in writing, and (ii) the Defaulting Party has not cured the default within twenty (20) days (ten (10) days for non-payment by Client) following receipt of written notice of breach from the non-Defaulting Party. IfTCS terminates this Agreement or any SOWI For Cause, or ifyou terminate any SOW without cause prior to such SOW's expiration date, then we shall be entitled to receive, and you hereby agreet toj payt to us, all amounts that would have been paid to us had this Agreement or SOW (as applicable) remained in full effect. If you terminate this Agreement or a SOW For Cause, then you will be responsible for paying only for those Services that were properly delivered c) Client Activity As A Basis for Termination. Ini the event that (i) any Client- supplied equipment, hardware or software, or any action undertaken by you, causes the Environment or any part of the Environment to malfunction consequently requiring remediation by TCS on three (3) occasions or more ("System Malfunction"), and if under those circumstances, you fail to remedy, repair, or replace the System Malfunction as directed by us (or you fail to cease the activity causing the System Malfunction, as applicable), or (ii): you or any ofy your staff, personnel, contractors, or representatives engage in any harassing or other unacceptable behavior that renders it impracticable, imprudent, or unreasonable toj provide the Services to you, then TCS will have the right, upon ten (10) days prior written notice to you, to terminate this Agreement or the applicable SOW For Cause or, at our discretion and if applicable, amend the applicable SOW to eliminate from coverage any System d) Consent. You and we may mutually consent, in writing, to terminate a SOW or this Agreement at: any time. e) Equipment / Soflware Removal. Upon termination of this Agreement or applicable SOW for any reason, you will provide us with access, during normal business hours, to your premises or any other locations at which TCS Equipment is located to enable us to remove all such equipment from the premises. Ifyou fail or refuse to grant us access as described herein, or if any of the TCS Equipment is missing, broken or damaged (normal wear and tear excepted) or any of TCS-supplied software is missing, we will have the right toi invoice you: for, and you! hereby agree toj payi immediately, the full replacement value of any and all missing or damaged items. Certain services require the installation ofs software agents int the Environment ("Software Agents"), and you agree not to remove, disable, circumvent or otherwise disrupt the Software  Party's willful or intentional misconduct, or gross negligence. RPEMNIFEATION-Bachr-pary-em  gre  de delemd-amd-Hol-the-the-aHherpars-an  -T DELETED) this Agreement or the status or progress ofa any other SOW between the parties.  INmALS:  TERM; TERMINATION.  the    7)  This Agreement begins on Effective Date and continues until terminated as describedi in this  this Agreement without cause by providing the other party with five (5) days prior written notice.  and accepted by youl up to the effective date oftermination.  Malfunction or any equipment or software causing the System] Malfunction.  Agents unless we explicitly direct yout to do sO.  Page3of8  3of8    f) Repayment afDiscounted Fees, Ifyon are provided with aj price discount or fee waiver under a sOW based on your commitment to retain our Services for al minimum term andi if, under that scenario, wet terminate the SOW for cause or yon terminate the SOW without cause, then ins addition tos any other remedy available tot us, you agreet top pay us the amount oft the fee waiver or, if applicable, the difference between the discounted rates and the non-discounted rates under that SOW, 8) Transition; Deletlon of Data, In the event that yout request our assistance to transition away from our services, we will provido such assistance if() all: fees due and owing tol us are paidt to usi inf full prior to us providing our assistancet toyou, and (): you agree to pay onr then- current hourly rate for such aasistance, with up-front amonnts to be paid to us as we may require. For the puiposes of clarity, it is understood and agreed that the rotrieval and provision of passwords, log files, administrative server information, or conversion of data are transition services, and ares subjoot tot thej preceding requirements, You also1 understand. and agreet that anys software configurations that we custom create or program for you are our and shali not be disclosed to you under any circumstances. Unless otherwise expressly stated in a soW, we willl lave no obligation to stare or maintain any Client datai in our) possession or control beyond fifteen (15) calendar days followiug thot termination of this Agreoment. We will! bel held harmless for, and indemnifiedt by; you against, any and all claims, costs, fees, or expenses incurred by either party that arise from, or arei related to, our deletion ofyour data beyond a) Response. Wey warrant and represent thaty we will provide the Services, and respond to any notification receiyed by us of any error, outage, alarm or alert portaining tot thel Euvironment, ini the manner and within the time period(s) designatedi in an applioable SOW ("Response' Time"), exoept for () those periods oft time govered under the Onboarding Exception (defined below), or (i) periods of delay caused! by Client-Side Downtime (defined below), Vendor-Side Downtime (defined below) or (ii) periods in which we are required to suspend the Services to protect the security or integrity of the Environment or our i) Scheduled Downtime. For the purposes of this Agreement, Scheduled Downtime will mean those hours, as determined by us but which will not occar between the hours of7:00. AM and 7:00 PMI Bastern time, Monday through Friday without your authorization or unless exigent ciroumstances exist, during which time WB will perform soheduled maintenance or adjustments to the Bovironent. We will use our best offorts to provide you with at least twerity-four i) Clion-Side Downtime. We will not be responsible under any circumstances for any delays or deficiencles in tho provision of, or access to, the Survices to the extent that such delays or defioienoies are caused by your actions or ill) Varidor-Side Downtime. We will not be responsible under any circumstances for any delays or dofioiencies in the provision of, or access to, the Services to the extent that such delays or deficiencles are caused by third parly service iv) Remedics Limitations. Expept for the Onboarding Exception, ifv we: fail to meet our service level commitment ins a given oaleridar month and if, under such circumstances, our failurei isi not duet to your activities, omissions, ori inaotivity, then upon receiving: your written request for credit, We will: issue you a pro-rated crediti in ana amount equal tot the period oft time oft the outage and/or gervice failure, All requests for creditt must ba madel by your nol later than forty-five (45) days after you either @) report the outage dr service failure to1 us, or (ii) if applicable, tecoive a monthly report showing the outage and/or failure, The remedies contained in this paragraph and in Section 7(b) are in lieu of (and are to the exolusion of) any: and all other remedies that might otherwise be: available to yout for our failuret tot meet anys servicel level b) Onboarding. Exception. You acknowledge anda agree thati for the firstt thirty (30) days following the commencement date ofa SOW, the Respunse' Time commitmonts doscribed in this Agreement will not apply to us, itl being understood that there may bet unanticipated downtime or delays due to our initials startup activities withy you (the* "Onboarding) Exception"). a) Defined. Far the purposes of this Agreement, Confidential Information mesns any and all non-public information provided to us by you, including bat not linited to your customer data, customer lists, internal documents, and related information. Confidential Information will noti include information that () has become part oft the publio domain through no act or omission by us, (i) was developed independently by us, or (i) is or was lawfully and indepeniently ptovided to us prior to disclosure bys you, from a third party whoi is not and was not subject tos and obligation of confidentiality or otherwise b) Use. We will kepp: your Confidential Information confidontial and will not use or disclose such information to any third parly for aty purpose except as expressly authorized by youi in writing, or as needed to fulfill our obligations under this  calculated from the effeotive date ofthe SOWt through the date oftermination.  information  proprietary  thet time frames describedi int this paragraph. 8) RLSPONSE; REPORTING.  equipment or network, or (iv) delays caused byaf force majeure event.  (24)hours ofn notice priort tps scheduling ScheduledI Downtime.  omissions ("Client- Side Downtime").  providers, thirdy parly licensors, or "upstream" service or product vendors.  commitment duringt thet term oft this Agreement.  9) CONFIDENTIALTY.  prohibited fromt transmitting such Information.  Agraement.  Pago4ofs  4of8    c) Due Care. Wewill exercise the same degreo ofo care witht respeot tot the Confidential Information" wei reoeive fromy yous as wo mormally take to safeguard and preserve our own confidential and proprietary information, whichi in all cases will bes at least a commeroially reasonable level of care. If we enter into aty other agreement with you related to Confidential Information (such as a business associate agreement) on or after the Bffective Date, the contractual terms that require the d) Compelled Disclosure. IF we are legally compelled (whethor by deposition, interrogatory, request for doouments, subposna, civil inyostigation, demand or similar process) to disclose any of the Coufidential Information, we willi immediately notify you in writing ofs such requirement Bo that you may soek aj proteutive order or other appropriate remedy and/or waive our compliance with the provisions oft this Section 9. Wer will use our best effbrts, aty your expense, to obtain or assist youi in obtaining any such protective order, Falling the entry ofa protective order or the repeipt ofa waiver hereunder, we may disclose, without liability hereunder, that portion (and only that portion) of the Confidential Information that wel have been e) Business Associate. If we enteri into a business associate agreement ("BAA") with you for the proteotion of personal health information, then the terms of the BAA will be read in conjunction with the terms of the confidentiality provisions of this Agreement. The terms that proteot confidentiality most stringently shall govern, and conflicting privacy- or a) Compliance. Unless otherwise expressly statedi inas SOW, the Servicos are not intended, and will not be used, tol bring Client into full regulatory compliance with any, rule, regulation, or requirement thati mayl be applicable to Client's business or operations. Depending on the Services provided, the Services may aid Client's efforts to fulfill rogulatory compliance; b) EULAS. Portions of the Services may reqnire you to accept the terms of one or more third party end user licenso agreements ("BULAs"). Ift the acceptançe ofal EULA is required in order to provide the Services to you, then youl hereby grant us permission to accept the EULA on your behalf. EULAS may contain service levels, warranties and/or liability limitations that are different than those contained: in this Agreement, You agree to adhere to and be bound by the terms of such BULAS. Ifyou are required to enforoe the provisions ofa EULA, you will look only to the applipable fhird-party provider for such enforcement, If, while providing the Servioes, we are required to comply with at third-party EULA and the third parly BULA is modified or amended, wei reserve the rightt to modify or amend any applicable sOW withy you to ensure o) Third Parly Services. Portions of the Services may be moquired from, or rely upon the services of, third party manufacturers or providers, such asi network monitoring serviçes, data hosting servicas, damain registration services, and data backup/recovery services ("Third Parly Service-"). Not all Third Party Services may be expressly identified as such in a SOW, and at all times wei reserve tho right to utilize thes services ofmny third party provider ort to change third party providers in our sole discretion asl longa ast the change does not materially diminish the Services tob be providedt to you undera SOW. We will not bo responsible, and will be held harmless by you, for the failure of any third-parly provider or manufacturer to d) Data Loss. Under no circumstances will we be responsible for any data lost, corrupted or rendered unreadable duo to () communication and/or transmissions errors or related failures, (l) egaipment failures (inoluding but not limited to silent hardware cotraption-related issues), or (i) our failure tol backup or seoure data fromj portions oft the Eavironment that were note expressly designatedi in thes applicable SOW as requirhng backup orl recovery Bervices. Unless axpressly statedi ine a sOW, we do not warrant or guarantee that aty maintained storage devico or fanctionality, data backup device or funotionality, or e) BYOD, You heteby represent and Warrant that we are authorized to access all devices, peripherals andlor computer processing units, including mobile devices (such as notebook computers, smart phones and tablet computers) that are connected to thel Environment (collectively, "Devices"), regardless of whether such) Devices are owned, leased or otherwise controlled by you. Unleas otherwise stated in A sow,] Devices will not recelve or benefit from the Services while the dovices are detached from, or uncomectedi to, the Eavironment, Client is strongly advised to refrain from connecting Devices to thel Environment where such devices ares sot prevlonsly known to us and arei not expressly covered under ax managed. service plan from us ("Unloown Dovices"). Wo will not be) responsible for the diagnosis or remediation of anyi issnes in the Environmeut oaused by the connection or use ofUnknown Devices int the Environmont, and we will not be obligated to f) Equipment, Unloss otharwise noted in a sOW, all' TCS. Bquipment is licensed to you, andi ist neither owned by you nor leased lo you. Upon the explration of an appliçable sOW, your license to use the TCS Equipment shall immediately temminate, andt thoreafter all' TCS Equipment must be returned to1 us immediately at your expense. All configurations on the TCS Equipment are our proprietaryi information and will not be circumvented, modified, or removed! by youy withoute our prior  higher levels ofconfidentiality wili applyt to our use ofConfidential! Information,  advised, by written opinion from our counsel, that we are legally compelled to disclose,  contidemntiality-reiated. terms shall be governed byt the) BAA. 10). ADDITZIONALTERMB: THIRD PARTY SERVICES.  howover, the Services arei not (ands should not! bet used as)a a complience solution.  our continued compliance with thet terms oft thet third party! EULA.  provide' ThirdParty Servioes to'TCS or tos you.  loadt balancing functionality will operatei in ane error-free: manner,  provide the Services tos any Unknown Devices.  written consent.  Page 5of8  50f8    II) OWNERSHIP. Bach party is, and will remain, the owner and/or licensor of all works of authorship, patents, trademarks, copyrights and other intellectual property owned or licensed by such party ("Intellechal Property"), and nothing in this Agreement or any SOW shall be deemed to convey or grant any ownership rights or goodwill in one party's Intelleptual 12) ARBITRATION. Except for undisputed collections actions to recover fees duet to us ("Collections"), any dispute, claim or controversy arising from or relatud to this Agreement, including the determination of the scope or applionbility of this agreement to arbitrate, shall bo settled by arbitration before one arbitrator who is mutunlly agreed upon by the parties. The arbitration shall be administered and conducted by the American Arbitration. Association (the" "AAA") or ifthere is no. AAA arbitrator available within a ten (10) mile radius of our offion, then by such other arbination venue as determined by us, pursuant to that venue's arbitration rules for commercial disputes (he "Rules"). Int the event of any inconsistency' between the) Rules and thej procedures spt forth in this paragraph, the) procedures set forthi int this paragraph will control. The arbitrator willl be experienced in contract, intellectual property andi information technology transactions. Ifthe parties cannot agree on an arbitrator within fiftoen (15) days after & demand for arbitration is tiled, tho arbitration venue shall select the arbitrator. The arbitration shall take place in our office in Greensboro, North Carolina, unless we agres to a different venue. The arbitrator will determine the scope of discovery in the matter; however, iti is the intent of the partics that any discovery proceedings be limited to tho specific issues in tho applioablo matter, and that discovery be tnilored to fulfill that intent, Initially, the cost oft the arbitration progeedings shall! be split evenly between the parties and each party will pay its own attorneys' fess and costs; howover, the party prevailing in the arbitration shall be entitled to an award of its reasonable a) Disclosure, You warrant and represent that you know of no law or regalation governing your business that would impede or restrict our provision of the Services, or that would requirs us to register with, or report our provision of the Servioes (or the results therenf), to any goverment or regulatory anthority. Yous agree top promptly notify us ify you become subject to any of the: forogoing which, in our discretion, may require a modification to thes scope or pricing of the Services. Similarly, ifyous ares subjeot to1 responsibilitics under any applicable privacyl law (such as HIPAA), then your agrea toi identify to us any data ori information subject top proteution under fhat law) prior top providing suchi information to us or, as applicable, b) Securify, Your understand: and: agreet that no security solution is onel hundrad peroent effective, anda any security paradigm may be cirpumvented and/or rendered ineffective by certain malwure, such as certain ransomware or rootkits that wore unknown to the malware prevention industry at thet time ofi infection, and/or which are purposely or intentionally downloaded ori installed into the Envitonment. We do not warrant or guarantee that all malware or malicious activity willl be capable of baing dotected, avoided, quarantined or removed, or that any data deleted, corrupted, or encrypted by such mlware ("Impacted Data") will be recoverable. Unless otherwiss expressly stated in a sOW, the reçovery of) Impacted Data is not inchded int thes scope ofa SOW. You are strongly advised te () educate yeur employees tej properly identify and react to "phishing" activity (.e., fraudulent attempts to obtain senslfive information or encourage Bchavior by disguising oneself as a trustworthy entity or person through email), and (I) obtain insurance against cyberattacks, data loss, malware-related matters, and privacy-relateil breaches, as sueh incidents can oceur even under a "best practice" seemario. As described: in Section 5: above, unless suchi incidents are caused by our intentionally malicious behavior or our gross negligence, wo are held harmless from any costs, expenses, or damages arisig from or related to such incidents, [ALT] You are reguired to obtain and maintain at all times, and at) your cost, eyber insurance covering ata minimun, the thef or aisuse of private or confidential. information, the breach of nefworked and managed security c) Assigmment, Neither this Agreement nor any sOW may be assigned or transferred byaj party without thej prior written consent of the other party, and this Agreement will be binding upon any parties to whom this Agreement isj permitted to be assigned or transferred. Notwithstanding the foreguing, either party may assign its rights and obligations hereunder to a successor in ownership in conneotion with any merger, consolidation, or sale of substantially all oft the assets oft that party's businoss, or any other transaction: in whioh ownership of more than fifly percent (50%) of chat party's voting securitios are transferred; provided, however, thatt the assignee must be roasonably capable off fulfilling the assignor's dutiese and obligations d) Amendment. Unless otherwise expressly permitted under this Agreement, no amendment or modification of this Agroement or any SOW will be valid or binding upon the parties unless the amendment or modification is originated in writing by TCS, specifically rufers to this Agreement or the sOW being amended, and is accepted in writing (omail is e) Time Limitations, The parties mutually agree that, unless otherwise probibited by! law, any action for any mattor arising out oft this Agreement or any SOW (except for issues oft nonpayment by Client) must be commenced" within six (6) months  Property tot the other party,  attorneys' fees and costs. 13) MISCRLLANEOUS.  prior to giving us access tos suchi information.  systens, and ay fuilure top prevent the fransmission afcomputer mahpare.  (inoluding finanoial obligations) under this Agreement, andr must S0 state in writing.  acçoptable) by one ofyour Authorized Contacts. aftert the cause ofaction acorues or the actioni is forever barred.  Page6ofs  6of8    f) Severability, Ifa any provision int this Agreement or SOW is declared invalid bya a court of competent jurisdiction, that provision will be ineffective only to the extent that the court declares it invalid or unenforceable, and the remainder oft that provision and all: remaining provisions of this Agreement or any SOW will be valid and enforceable to the: fullest extent g). Collections. Ify we are requixed to send your account to Collections or to start any Colletions-rolated. aotion to recover undisputed fees, we will be entitled tot recover all costs and fees wei incuri in the Collections process inoluding but not limited h) Other Terms. We will not be bound by any terms or conditions printed on or contained in any purchase order, invoice, memorandum, or other written commrication supplied by you unless such terms or conditions are incorporated: into a duly executed sOW, or unless we have expressly acknowledged the other terms and, thereafter, expressly and speoifically ) No Walver. Thei failure ofe either party to enforce or insist upon compliance with anyt term oft this Agreement (includinga one-titne recurring waiver ofat term int this Agreement) will not constitute a continuing obligation or intention to waive that J Merger, This Agreement, togother with any and all SOWs, sets forth the entire understanding of the parties and supersedes any and all prior agreements, arrangements or understandings related to the Serviçes, and no representation, promise, nducoment ors statement ofi intontion has been made by either party which is not embodied. herein, The foregoingi is noti intended to aliminate or waive, and does not eliminate or waive, any amounts owed to us prlor tot the Effective) Date, allo of which (ifa applicable) shall xemain due and payable pursuant to the agreement under whioh those amounts acorued. Wey will not bel bound by anyo of our agents' or employees' representations, promises, ori inducements ifthey ares note explicitly set forth int this Agreement or a SOW. Any document thati is not expressly ands specifioally incarporatedi intot this Agreement or SOW will act only toj providei llustrations or desoriptions of Services tot be provided and will not modify this Agreement or proyide binding contractual language between tho parties, Thei foregoing Bentence does not apply tos any! business associato agreement required under HIPAA, which thej parties may (ifrequired) enter into after thel Effeotive Date oft this Agreement. k) Force Mqjeure. Neither parly will be liable to the other party for delays or failures toy perform its obligations uder this Agreement ar any soW because of circumstanoes boyond such party's roasonable control. Such oiroumstances include, but will not be limited to, any intentional or negligent act committed by the other parly, or any acts or omissions of any governmental authority, natural disaster, aot ofa publio enemy, acts ofterrorism, riot, sabotage, disputes or differenoes with workmen, power failure, commutications delays/outages, delays in transportation or deliverios of supplies or materials, cyberwarfare, cyberterrorism, or hacking, malware or virus-rolated incidents that circumvent then-current anti-virus or D Non-Solicilation, Each parly (a "ResirictedParty) acknowledges and agreos that during thei term oft this Agreement and for a period of one (1) year following the termination of this Agreement, the Restricted Parly will not, individually or in comjunction with others, direotly or indirectly solicit, induce ori influence. any oft the other party's employees with whom the Restricted Party worked to discontinus or reduce the scope of theit business relationship with the other party, or recruit, solicit or othorwise influonce any employee of the other parly with whom thel Restricted Party worked to discontinue his/her employment or agency relationship with the other parly. In the event ofa violation oft thei terms ofthe restrictivo covenants in this seotion, the parties acknowledge and agree that the damagos to the other party, would be difficult or impraotiçable to dotermine, and in such ovent, the Restricted Party will pay the other party as liquidated damages and not HS a penaity an amount equal to fifly percent (50%) percent oft thate employee first year ofbase salary with thel Restricted Party (including any signing bonua). In addition to and without limitation of the foregoing, any splicitation or attempted solicitation for employment directed toap party's employees by thel Restricted) Party willl be deamed tol be a material breach oft this Agreement, inv which event the affected party shalll have the right, but not the obligation, to terinate this Agreement or any then-ourrent m) Survival. The provisions contained in this Agreement that by their context are intended to survive termination or expiration oft this Agreement will survive, If any provision in this Agreement is deemed unenfurceable by operation oflaw, then tbat! provision sball! be excised from fhis Agreement andt thel balance ofthis Agreoment shall be enforced in: full. n) Governing Law; Venue. This Agreement and any SOW willl bo governed by, and gonstrued: according to, the laws ofthe state of'North Carolina. Youl hereby irrevocably consent iot the uxclusivej jurisdiction and venup of Guilford County, North o) No Third-Party Beneficiarles. Thep parties have entered into this Agreement solely for their own benefit. They intendi no P) Usage in Trade. No usage oftrade or other regular practice or method of dealing between thej parties to this Agreement q) Business Day. If any time period set forth in this. Agreement expires on R day other than al business day in Gullford County, North Carolina, such period will be extended to andt fhrough the next succeeding business dayi in Gullford County,  permitted! bys appliçablel law. tor reasonable: attorneys' fees and costs.  accepted such othert termsi in writing (email is acceptable).  term in the future.  anti-malware software, ande aots ofGod.  soWi immediately For Cause,  Carolina for anya and all claims and Gauses ofaotion arising from or relatedt tot this Agreeinent. third party tol bes ablet tor roly upon or enforce this Agreement or any part ofthis Agreement. will! ber used tor modify, inkerpret, supplement, or alter ins any manner thet torms ofthis Agreemment.  North Carolina.  Page7of8  7of8    r) Notices; Writing Requirement. Where any notice, amendment, or similar communication is required to be provided toa party under this Agreement, it may! be sent by U.S. mail, overnight courier, or email and it will be deemed delivered three (3) business days after being deposited in the United States Mail, first class mail, certified or return receipt requested, postage prepaid, or one (1) day following delivery when sent by FedEx or other overnight courier, or one (I) day after notice is delivered by email or immediately upon being acknowledged by the recipient (whichever is earlier). Notice sent by email must be sent to the last known email address of the recipient. All electronic documents and communications (such as email) s) Independent Contractor. We are ani independent contractor; we are not your employer, employee, partner, or affiliate. t). Subcontractors. Generally, we do not utilize subcontractors to perform onsite services; however, should we elect to subcontract a portion ofthose services, we will guarantee the work asi ifwe performed the subcontracted work ourselves. u) Data & Service Access. Some of the Services may be provided by persons outside of the United States and/or your data may occasionally be accessed, viewed, or stored on secure servers located outside of the United States. You agree to notify us ifyour company requires us to modify these standard service provisions, in which case: additional (and potentially significant) v) Counterparts. The parties intend to sign, accept and/or deliver this Agreement, SOW or any amendment in any number ofcounterparts, and each ofwhich will be deemed an original and all ofwhich, when taken together, willl be deemed tol be one agreement. Each party may sign, accept, and/or deliver this Agreement, any SOW or any amendment electronically (e.g., by digital signature and/or electronic reproduction ofa handwritten signature), and the receiving party will be entitled to rely  between the parties will satisfy any "writing" requirement under this Agreement.  costs will apply.  upon the apparent integrity and authenticity oft the other party's signature for all purposes.  AGREED. AND. ACCEPTED: TOTALCOMPUTER SOLUTIONS  Date:  Date: 6-2-2020 Client: Town of Stokesdale  By:. Print Name /1 Position  Print Name /Position  Joha Flyat, MAypr  SEE ATTACHED FiRs, ADDENDwM 76 MASER SEPVICE AGREMEPTUIRG  IS MAADE A PARTOF-AS AGREEMENT  Page8of8  8of8    FIRST ADDENDUMTO MASTER SERVICES AGREEMENT  This First Addendum to Master Services Agreement is between Total Computer Solutions, Inc.  and the Town of Stokesdale.  A. Paragraph 6 entitled INDEMNIFICATION is deleted in its entirety. B. Paragraph 7 entitled TERM; TERMINATION is amended as follows:  1. By deleting paragraph 7(a) and inserting in lieu thereof the following:  a) Termination Without Cause. The parties have agreed that either party may terminate this Agreement/SOW prior to the end of the Term without cause upon sixty (60) days written notice to the other party. IfClient terminates this Agreement/SOW without cause during the first year oft the Term, then you will be responsible for paying the termination fee described in Section 7(b) below. After the first year of the Term, Client will not incur an early termination fee for a termination without cause. If no SOW is in progress, then either party may terminate this Agreement without cause by providing the other party with five (5) days prior written notice. 2. By amending the second sentence inj paragraph 7(b) to: read as follows: IfTCS terminates this Agreement or any SOW For Cause, or if you terminate any SOW without cause during the first year oft the Term, then we shall be entitled to receive, and you hereby agree to pay to us, all amounts that would have been paid to us had this Agreement or SOW (as  applicable) remained in full effect. 3. full force and effect. AGREED AND. ACCEPTED:  Except as amended above, the remaining provisions in Paragraph 7 continue in  Date: By:  Date: Juned 020R0 M7 Jonn FlyNt, Print Name & Position  TOTAL COMPUTER SOLUTIONS  Print Name & Position  Mayoc    TOWN OF STOKESDALE  BASKETBALL AND PICKLE BALL COURT RFP  Bid ID: Issue Date: Dead Line  01-13-23_B 01-13-23 02-01-23 at 2pm 02-10-23  Expected Contract Award:  Project Completion Deadline: 07-31-23  The Town of Stokesdale is requesting proposals from Vendors interested installing a basketball and a pickle ball court at the Stokesdale Town Park. The town would like to see proposals for each facility with the understanding that the Town may only ultimately only select one of the two facilities depending on funds allocated. Additionally, the town may: not select to move forward with any of facilities in this proposal. The Stokesdale Town Council will make the final decision The park is located at 8329 Angel-Pardue Road in Stokesdale, NC. The Town is actively seeking vendors that can meet the deliverables requested in this FRP. PDF files of your proposals must be received by the Town of Stokesdale no later than February 15,2023 at 2pm. Drawings and Illustrations Must be mailed to Town Hall postmarked by February 1$1,2023. Please follow The procurement method oft this project is "construction" bid. As the construction will not exceed $500,000, the Town deems this RFP a solicitation for an "informal bid" per the NCGS. Informal bidding - Bids for projects in the informal bidding range must be "secured. " The statutes do not specify any particular requrements. for securing informal bids, SO local governments can solicit by any method they choose, such as a newspaper ad, website posting,  on award.  instructions on bid submittal on the last page of this RFP.  email, mail, or phone. [G.S. 143-131(a)7  1IPage    1.1 Informal bids may be received in anyform - Informal bids are not required to be sealed or received in anyform, SO they may be received viaj fax, electronically, by phone, or in any other form  specified by the local government. [G.S. 143-131)  UNC SCHOOL or COVIRNMENT  Mini-Brooks Act services surveying, architectural, engineering, construction managementatrisk, design-build, design-build bridging, and public-private d. Everything else (example: service contracts nots subjectt to Mini-Brooks Act) 1.$ $30,000-1 informal bid threshold for purchase and construction & repair contracts 2. $90,000-1 formal bid threshold for purchase contracts 3. $500,000 formal bid threshold for construction & repair contracts . Informal bidding- purchase and construction & repair contracts Formal bidding- purchase and construction &r repair contracts Qualifications-based: selection (QBS)- required for Mini-E Brooks Act services d. Request for Proposals (RFP) optional for all service contracts other than Mini- The chart below combines the type of contract, bid thresholds, and procurement methods:  partnership 2. Cost (Bid Thresholds) 3. Procurement Methods  Brooks Act services  Procurement Methods  Formal Bidding Informal Bidding No Method Ropair Type ofContract  Formal $500,000- Bidding $90,000 Informal Bidding $30,000 No Method $0  No Method Required  Purchaso Construction& Mini-BrooksAct EverythingElse*  *UseofRFP optional,but notrequired  21 Construction Contracting Basic Legal Requirements  Updated: September 2013  2Page    1.1 Existing Conditions and Approval  The land is currently covered with trees and shrubbery on property owned by the Town of Stokesdale at the new phase ofthe Stokesdale Town Park. The land is relatively flat and adjacent  to aj paved walking trail.  Issuance of a contract will be contingent upon the Stokesdale Town Council approval.  2. Process for Vendor Selection  The Town is asking all prospective Vendors to evaluate the site and present a proposal. Vendors may submit more than one proposal ify you believe the different proposals are substantially different while still meeting the deliverables requested of the town. Each proposal will be evaluated based on the following factors with the below score card being employed to all bids as a means of  objectively evaluating each proposal:  ( Overall design - References Price court.  Ability to illustrate the value proposition in terms ofsafety and durability of a modular basketball  Adherence to requirements listed in the "Scope of Work" Ability of the Vendor to complete work by. July 31st,2 2023 Provide Handicap Accessibility to the Courts  Modular court polypropylene court manufacturing in United States with preferred vendor project  manager based in North Carolina.  Adherence to preferred materials and overall quality of materials  - -  3Page    3. Objective Scoring of Vendor Proposals  Evaluation Factor  Maximum Points Available 30 15  Basis for Score  lowest pricei is 30points. Eachs subsequent! bids will be 6points! less withaf floor ofz zero points (dependent 3p positive references 15p points, 2p positive references 10p points, 1positive reference is5p points. No positive adequatelya answers allr management/staff questions ore emailsf follow upa answers within 1 business dayo of staff interviewi is 15p points. Eachl business day after reduces points by5 5perd day. No adequate answeris  Price  on number ofk bids received) reference isOpoints  Past Peformance (Reference Checks)  Interviews with Management: and! Key Staff  15  zero points  Ability to Complete. Jobl by RequiredDeadline  10 5 10 5 5 5 100  Vesis 10points. Noi isz zero points.  Adherence toa all items requestedi inl RFP: sot that town staff does not needt tor requesti information requested in RFP Minority Business Enterprise as defined byA NCGS1 143-28 Local Contractors (key personnel inl locatedi in! NC)  100% adherence is5p points. Ifstaff has tor request any] informations that was requestedi to be providedin must provide affidavit and proof of minority owned business. Yesis5points. Noisz zero points. Construction performed: andr managed bya company/sub contractors with business operations addressed in NCis5points. Zero pointsifno. Vesi is: 10p points. Noi is zero points. Must provide statement onl locale of material manfucturing.  RFP,Opoints  Greater than 80% of Material Cost Manufactured inl Uniteds States  Overall Design  Total  4IPage    4. Proposed Site  Currently owned by the' Town of Stokesdale and covered with trees/shrubbery.  Would require site clearing. Site is relatively flat.  5. Scope of Work scope of work.  1.1 Prospects should prepare a proposal (s) based on the site available and the Town's proposed 2. The successful Vendor shall provide all components oft the basketball and/or pickle ball courts, goals, netting, fencing, benches, etc. for the project. The Vendor shall also provide all: materials, tools, and labor necessary to complete the basketball and/or pickle ball courts including the basketball goals. In addition, the Vendor shall pay all shipping costs, travel expenses, and other likely costs necessary for completion of the project. The price quoted to the Town is the turn key 4. Bidders should provide addresses, email addresses, and telephone numbers of at least three references. References should be clients for whom you installed similar equipment. 5. All equipment shall be designed and installed in accordance with all current CPSC, ADA, ASTM, and other laws and requirements concerning outdoor basketball goal and/or pick ball courts  pricei in full (excluding NC Sales tax)  in the State ofNorth Carolina. 6. Illustration and Drawings  Provide plan ofall pertinent aspects of the basketball court and its method ofi installation and location. Submit drawings on sheets of24"X36" (preferred) or 11"X17" (acceptable). Please submit a minimum oftwo copies of each drawing. Drawings shall be to scale and legible. The plans should clearly show locations ofbenches, court lines, basketball goals, netting, and fencing. 7. Handicap Accessibility: Each proposal should meet ADA standards and requirements. The Town isi interested in providing wheelchair access to all areas oft the Town Park to the greatest  extent practical. 8. Overall Program:  The Town ofStokesdale is seeking proposals and pricing for a basketball and pickle ball court that Potential vendors should submit two separate quotes: One for the basketball court and one for the pickle ball quote. Additionally, please provide quote if contracted for both courts. With  would be constructed adjacent to each other.  5IPage    economies ofs scale, it is expected the' Town would see a lower quote if contracted toj  both  courts.  perform  Proposals for each court should identify cost categories such as ofs site prep, concrete, court  material, basketball goals, netting, benches, fencing, and labor. Please make sure to address each line item below in proposal:  The Town is interested in providing a high quality basketball and/or pickle ball experience for our  citizens that include:  Overall basketball court including surrounding sized at' 70' in width X 104'in length.  One (1) full court running full-length Four (4) half-court basketball courts  o High School Size Court (50' x84) with high school lines Can be used as two (2) full courts instead of four (4) halfcourts.  Should also have high school lines for the 3 point line, free throw lines/paint" area. Basketball goals should be anchored into the ground to sustain the play that will occur on a municipal court.. Goals should come with a 5 year warranty. Backboard tol be made of poly carbonate material. Poly carbonate material is desired due to its added strength and The Town of Stokesdale does desire to see aj price difference between poly carbonate goals Itis preferred that the goals be adjustable in height. However, the town staff (and not general public) should be the only ones making these adjustments. Please specify ifs such a control mechanism can be delivered to limit when and whom may adjust the height of the Court surface should be Modular court made ofpolypropylene and should include a 15 year limited warranty. Modular court should be laid over a concrete base. Preference given to vendors that use modular court material manufactured in the United States. Vendor: must be able to provide safety data studies such as an impact protection indexing that illustrates that the proposed modular court is significantly safer than a traditional Vendor should have data and/or an explanation as to why a modular court would provide long term value to the Town of Stokesdale as opposed to a concrete or asphalt court. 10' foot galvanized chain linked fence with three gates surrounding each court. Fencing should be in a dark green (hunter green) color to blend in with surroundings. Install asphalt walk way to one of the gates on the length side ofeach court for handicap Install pavers from walking trail to the other gate on the length side ofthe court  ability to remove any graffiti.  versus tempered glass goals included in proposals. Each basketball goal should be 42" tall and 72" wide.  goals how it can mechanically be managed.  concrete court.  accessibility.  6IPage    Noj pavers installed at the third gate (which would be on the short side oft the court in the Install four (4) eight (8) foot benches on the basketball court. Two (2) for thel home side and' Two (2) for the away side. Benches to be made of metal seats and backs using a thermoplastic coating and must be maintenance free and corrosion resistant. The steel frames on the benches should also be powder coated steel. Colors TBD upon reward of Pickle ball courts should be: regulation size of 44 feet in length in 20 feet in width with all regulation court lines. Each pickle ball court will be separated 10 feet apart from one Vendor shall provide turn-key price inclusive oft the entire process from design to site prep This is an active town park. Vendor should make all efforts to maintain a safe construction zone at all times while minimizing your presence at' Town Park that would negatively  event the town adds a parking lot adjacent to the goals)  contract.  another and will have a 10 foot border on each side up to the fencing.  toc construction to final clean-up upon and completion.  impact other activities.  9. Color selection oft the basketball court and/or pickle ball court shall be finalized after acceptance  ofthel bid. 10. Materials:  All concrete shall be a minimum of4,000 psi (unless otherwise specified by the manufacturer) with fiber reinforcement. The contractor shall make arrangements that would allow the' Town to inspect Site work will include tree removal, breaking ground, clearing land, grading, compacting, spreading gravel base and pouring concrete. This is not an inclusive list.  all concrete installations prior to backfilling or covering concrete.  11.A Additional Site Work:  Ifthe successful Vendor and the Town both agree that additional site work is necessary, the Vendor shall arrange for the site work tol be completed. Ifadditional site work is necessary the Vendor may charge the Town the full cost of the site work, plus ai maximum ofa 5% project management upcharge. Vendor must submit any invoices to thet town if additional site work is agreed upon.  12. Warranty: Please include all warranty information with the proposal.  13. ProofofInsurance and Bonding:  Successful candidate must be able to supply liability insurance as well as Bonding assurance.  7IPage    14. Federal Funds  The town will be using ARPA funds granted from the Federal Government and vendor must  be compliant with the below: FEDERAL UNIFORM GUIDANCE  Under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards  (2 CFR Part 200) the following provisions apply to this RFQ (as applicable): Equal Employment Opportunity (2 C.F.R. Part 200, App. II, S( (C)) Copeland "Anti-Kickback" Act (2 C.F.R. Part 200, App. 1,5( (D))  Contract Work Hours and Safety Standards Act (2 C.F.R. Part 200, App. II, S( (E)) Rights to Inventions Made Under: a Contract (2 C.F.R. Part 200, App. II, S(F)) Clean Air Act and Federal Water Pollution Control Act (2 C.F.R. Part 200, App. I, S (G)) Debarment and Suspension (2 C.F.R. Part 200, App. II, S(H)) Byrd Anti-Lobbying. Amendment (2 C.F.R. Part 200, App. I,S( ()) Procurement of Recovered Materials (2C.F.R. Part 200, App. II, $(), 2C.F.R. $200.323) Prohibition on Contracting for Covered Telecommunications Equipment or Services (2 Domestic Preference for Procurements (2 C.F.R. Part 200, App. 1,5(,2CFR. S 200.322) Contracting with Small and Minority Business, Women's Business Enterprises, and Labor  C.F.R. Part 200, App.1IS(K,2CFR. $200.216) Surplus Area Firms (2 C.F.R. $2 200.321) Access to Records (2C.F.R. $200.324)  Assurances of Compliance with Title VI of the Civil Rights Act of 1964increasing Seat Belt Use. Pursuant to Executive Order 13043, 62 FR 19217 (April 18, 1997), Awardee should encourage its Pursuant to Executive Order 13513, 74 FR! 51225 (October 6, 2009), Awardee should encourage its employees, Awardees, and contractors to adopt and enforce policies that ban text messaging while driving, and Awardee should establish workplace safety policies to decrease accidents caused by  contractors to adopt and enforce on-the-job seat belt  distracted drivers  8Page    Contact Information:  Bids may be sent via email to Robbie Wagoner (Deputy Town Clerk) at  spupelsiasokesdlilserg and Dale Martin (Town Clerk) at okcac@soisdlsorg All drawings and illustrations to scale must be mailed to Town Hall at the below address. For information related to the site and the specifics of the proposal please contact: Robbie Wagoner, Deputy Town Clerk at epupeleridsokesdleerg or 336-643-4011. USPS mailing address to the Stokesdale Town Hall is PO BOX 465 Stokesdale, NC 27357 UPS and Fed Ex Deliveries accepted at the Stokesdale Town Hall Physical address of 8325 Angel- Pardue Road; Stokesdale NC; 27357. Hand deliveries are accepted at Town Hall Monday-  Thursday between 9am and 4:30pm.  9Page        de  Q S e  L E 3  - 3 @ 5 e 2 de @ 3 )    /    CO 11 aU  @ b0    REQUESTS FOR LETTERS OF INTEREST/STATEMENT OF QUALIFICATIONS FOR PROFESSIONAL ENGINEERING SERVICES  THE TOWN OF STOKESDALE DESIRES TO ENGAGE A PRIVATE ENGINEERING FIRM FOR THE FOLLOWING  PROJECT:  TOWN OF STOKESDALE WATER LINE EXTENSION TO ADD WATER SYSTEM REDUDANCY  Issue Date: Deadline Date:  January13,2023 February 21, 2023 at 2pm  PROJECT BACKGROUND AND SCOPE OF WORKI DESIRED:  The Town of Stokesdale Waterline Extension Project is designed to provide public water access and The Town of Stokesdale's Water System has grown - 35% in terms of number of customers since The Town is seeking redundancy in its current water system by adding an additional water main supplying water to the Town of Stokesdale to supplement its existing one water main on HWY158 supplying water into Town from the Forsyth County Line into the Stokesdale Town Core.  add a water main redundancy to the Town of Stokesdale' Water System.  January1$,2020.  The Town of Stokesdale purchases water from Forsyth County.  The preliminary design includes a water extension project at either one (1) oftwo (2) locations to be  determined by the Stokesdale Town Council. Potential Water Main Extension Locations are:  Option 1  12" water main along Haw River Road from approx. 8122 Haw River Road to Warner 8"water main extension on Warner Road [from Haw River Road down to Happy Hill  Road [approx. 3,750 linear feet or .71 miles] Road (approx. 7,650 linear feet or 1.45 miles)]  Page 11    REQUESTS FORI LETTERS OFI NTERESI/STATEMENT OF QUALIFICATIONS FOR PROFESSIONAL ENGINEERING SERVICES  8"V water main from Warner Road going north on Happy Hill Road to connect to the terminus of the water main on Happy Hill Road. [approx. 4,300 linear feet or .81 miles)  Total approx. 15,700 linear feet of new main (2.97miles)  Option 2  8" water main on Coldwater Road extending north from new Coldwater Subdivision 8" water main from Coldwater Road/HWY 65 intersection east down HWY 65 to connect to Water Main at Oak Level Church Road (approx. 11,570 linear feet or 2.30 miles)  (approx. 2,800 linear feet or. .53 miles)  Total approx. 14,900 linear, feet of new water main or 2.83 miles  The Town of Stokesdale has been awarded Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) using Federal Funds granted to the Town by Guilford County through the Federal Treasury Department As such, the Town has allocated funds toward water infrastructure needs. Any contracts awarded pursuant to this Request for Qualifications will be subject to Federal Requirements. Pursuant to the Regulatory Principles and Audit Requirements for Federal Awards 20 CFR 200.327 and 2 CFR Part 200, other than such provisions as Treasury has determined or may determine are inapplicable to the ARPA Funds, the Town must include within any contract applicable provisions described in Appendix Ito2 All water line extensions should bei in compliance with any NCI Department of Environmental Quality/Division of Water Infrastructure (NCDEQ/DWI) regulations as well as the Town of Stokesdale Water Specifications which include pipe, valve, and fire hydrant specifications. The: selected engineering firm will provide all surveys, designs and documents necessary for permitting, easement acquisition, bidding and construction. Required NCDEQ/DWI documents will be prepared by the: selected firm. The selected firm will also provide construction administration services on this  under the American Rescue Plan Act (ARPA).  CFR Part 200  project.  SELECTION CRITERIA:  Please do not submit feei information with your submittal. The Town selects firms to provide professional services based on demonstrated competence and qualification. Once a firm is selected, the Town will enter into contract negotiations with that firm; and, as part of that negotiation, will determine a fair and reasonable fee for the services to be provided. The Town reserves the right to terminate negotiations with the selected Once at firm is selected, a detailed scope of services (broken down by specific milestone events/dellverables), and associated fee proposal, and implementation schedule will be refined, agreed to and once signed, will be  firm(s) and proceed to negotiate with other firm(s) should contract/fee negotiations fail.  identified and attached to the Town's standard professional services agreement form.  Page 12    REQUESTS FOR LETTERS OF INTERESI/STATEMENT OF QUALIFICATIONS FOR PROFESSIONAL ENGINEERING SERVICES 1. Any firm wishing to be considered must be properly registered with the Office oft the Secretary of State. The Engineers performing the work and in responsible charge of the work must be registered in the State of North Carolina and must have a good ethical and professional standing. It will be the responsibility of the selected private firm to verify the registration of any corporate subsidiary or subcontractor prior to submitting a Letter of Interest. The firm must have the financial ability to undertake the work and assume the liability. The firm(s) must have an adequate accounting system to 2. All qualified firms who submit responsive Letters of Interest will be considered. The evaluation of these firms will be based on the firm's overall experience, past performance, knowledge, and familiarity with the type of work required, the experience of proposed staff to perform specific work required, including any: sub consultants, the firms distance from the project site, and if the firm meets the MWBE goals, self performs all work or submits documentation showing that it has made a Good Faith Effort to meet the established goals. Priority consideration will be given toi firms that maintain an office in North Carolina and staffed with an adequate number of employees deemed by the Town to be capable of 3. The Town of Stokesdale in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for FORMAT FOR SUBMISSION OF A LETTER OF INTEREST All Letters of Interest should be limited to twenty (20) pages (unless additional pages are needed to document good faith efforts related to the MWBE goal or for evidence of paid payroll tax forms), including the cover sheet. Letters of Interest containing more than 20 pages will not be considered (unless additional pages are required to document good faith efforts or evidence of payroll tax forms). In order to reduce printing costs and to facilitate recycling, we request that only  identify costs chargeable to the project.  performing a majority of the workrequired.  an award  electronic Letters of Interest in PDF format be submitted prior to the deadline.  The PDF copy should be e-mailed to two email addresses:  EPDdEteMOesReOTs oledatesolesdeors  Section I- General Information and Statement of Interest in Performing Work  Cover/ntroductory Letter  Expression of firm'si interest in executing the work;  Page 13    REQUESTS FORI LETTERS OFI INTEREST/STATEMENT OF QUALIFICATIONS FORI PROFESSIONAL ENGINEERING SERVICES Statement that the firm will perform a minimum of 50% oft the work. The Town requests firm assistance in design, engineering, right away acquisition assistance (ifapplicable), and construction Summation of information contained within the letter ofi interest, including an email address and telephone number for the firm's contact person along with the business street address.  oversight.  Statement of any possible conflicts of interest  Section I- Evaluation Factors  This section should contain information regarding evaluation and other factors listed int the advertisement  such as:  Identify project personnel/sub consultants qualifications and experience;  Understanding of project (site and structure conditions, traffic and safety concerns, etc.); Identify type and location of similar work performed within the last five (5) years Section HI- Supportive Information This section should contain the following information:  Unique qualifications of key team members; Proposed schedule for completion; and  Capacity Chart/Graph (available work force);  Organizational chart indicating personnel to be assigned by discipline;  Names, classifications, and location(s) of thei firm's North Carolina personnel and resources to be Other relevant information Section IV - MWBE Affidavit of Minority Participation/Good Faith Efforts: This section is limited to five (5 pages), unless additional pages are required to show good faith efforts,  assigned to the work  and should contain the following information:  Fully-executed Affidavit  Any additional backup information showing good faith efforts  Section 4. -1 References Please provide:  References - Past Performance and Existing Contracts  - List of previous and current clients for work similar to this scope of work within the past three (3) years. Include names and location of project, brief description and firm's key persomnefsinvolvement, name of  project manager and telephone number, date, and value of project.  Private firms are invited to submit letters of interest for providing the requested engineeringservices to the  Town by 2:00 P.M. on February 21, 2023.  Page 14    REQUESTS FOR LETTERS OF INTEREST/STATEMENT OF QUALIFIÇATIONS FOR PROFESSIONAL ENGINEERING SERVICES  Issuance ofa acontract will be contingent upon the Stokesdale Town Council approval.  Section 5  Compliance with Federal Laws  Firms submitting a qualifications statement hereby acknowledge that federal financial assistance may be used to fund all or a portion oft this procurement. As such, the firm will comply with all applicable federal laws, regulations, executive orders, federal government policies, procedures, directives, and the terms and conditions oft thei funding award. Firms further acknowledge that funding is contingent upon compliance with  thei foregoing.  FEDERAL UNIFORM GUIDANCE  Under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards  (20 CFR Part 200) thet following provisions apply tot this RFQ (as applicable): Equal Employment Opportunity (2C.F.R. Part 200, App. II, S (C)) Copeland "Anti-Kickback" Act (2 C.F.R. Part 200, App. 1,S(D)  Contract Work Hours and Safety Standards Act (2 C.F.R. Part 200, App. II, S( (E)) Rights to Inventions Made Under a Contract (2C.F.R. Part 200, App. II, S(F)) Clean Air Act and Federal Water Pollution Control Act (2C.F.R. Part 200, App. II,S (G)) Debarment and Suspension (2 C.F.R. Part 200, App. I,S (H)) Byrd Anti-Lobbying Amendment (2 C.F.R. Part 200, App. 1,S( ()) Procurement of Recovered Materials (2 C.F.R. Part: 200, App.I 1,$0),2C.F.R. $200.323) Prohibition on Contracting for Covered Telecommunications Equipment or Services (2 Domestic Preference for Procurements (2C.F.R. Part 200, App. II, $(L),2C.F.R. $200.322) Contracting with Small and Minority Business, Women's Business Enterprises, and Labor  C.F.R. Part 200, App. IIS(K),2C.F.R. $200.216) Surplus Area Firms (2 C.F.R. 5 200.321) Access to Records (2 C.F.R. $200.324)  Assurances of Compliance with Title VI of the Civil Rights Act of 1964increasing Seat Belt Use. Pursuant to Executive Order 13043, 62 FR 19217 (April 18, 1997), Awardee should encourage its Pursuant to Executive Order 13513, 74 FR! 51225 (October 6, 2009), Awardee should encourage its employees, Awardees, and contractors to adopt and enforce policies that ban text messaging while driving, and Awardee should establish workplace safety policies to decrease accidents caused by  contractors to adopt and enforce on-the-job seat belt  distracted drivers  Section 6: Firm Insurance Requirements  The successful Firm will be required to provide the Town of Stokesdale with Certificates of Insurance meeting insurance requirements at the time of project award as specified below: Failure to provide the required insurance will result in cancellation oft the selection and the  Page 15    REQUESTS FOR LETTERS OF INTEREST/STATEMENT OF QUALIFICATIONS FOR PROFESSIONAL ENGINEERING SERVICES  Town will have the right to enteri into an agreement with another firm.  Firm shall maintain at: alli times during thei term of this Agreement, at the Firm's sole expense:  .Commercial General Liability Insurance  Firm shall maintain Commercial General Liabilityinsurance written on an occurrence basis, including coverage for products and completed operations liability, contractual liability, liability from independent contractors, property damage liability, bodily injury liability, and personal injury liability with limits ofr not less than $1,000,000 per occurrence and $3,000,000 annual aggregate. The aggregate limit shall apply separately to each location. The limits may be satisfied by a combination of  primary and excess insurance. I. Professional Liability insurance and $3,000,000.00 aggregate. I. Business Automobile Insurance  Firm shall maintain Professional Liability insurance with limits of not less than $3,000,000.00 per claim  At all times while the Firm's representatives are conducting on-site work, the Firm shall maintain Automobile Liability insurance for any owned, hired, rented, or borrowed vehicle with a limit of not less than $1,000,000 per occurrence for bodily injury and property damage liability. The limit may be  Satisfied by a combination of primary and excess insurance. VI. Workers Compensation & Employers Liability Insurance  At all times while the Firm's representatives are conducting on-site work, Firm shall maintain statutory Workers Compensation insurance in accordance with the laws of North Carolina. Firm shall also maintain Employers' Liability insurance with limits of not less than $500,000 per accident and $500,000  each employee fori injury by disease. V. General Requirements  1. The Town of Stokesdale shall be named as an additional insured under Firm'sautomobile and general liability insurance. In the event ofa al loss arising out of, or related to the Firm's services performed under this 2. The Firm's General Liability, Automobile Liability, and Workers Compensation insurance must contain a 3. Firm shall be responsible for insuring all of its own personal property, improvements, and betterments. 4. All insurance policies put forth to satisfy the above requirements shall require the insurer to providea minimum ofs sixty (60) days' notice to the Town of Stokesdale of any material change in coverage, cancellation,  Agreement.  waiver ofs subrogation in favor of the Town of Stokesdale.  orr non-renewal. Page 16    REQUESTS FOR LETTERS OF INTEREST/STATEMENT OF QUALIFICATIONS FOR PROFESSIONAL ENGINEERING SERVICES 5. Alli insurance put forth to satisfy the above requirements shall be placed with insurance companies licensed to provide insurance in the state of North Carolina. Any deductibles or self-insured retentions in the required 6. Prior to execution of contract, Firm shall provide written evidence of insurance as requested by the Town to confirm that these insurance requirements are satisfied. Firm agrees to indemnify the Town of Stokesdale if thei insurance policy referenced in the COI does not contain, at a minimum, the coverage amounts listed on the COI. Firm agrees to provide complete copies of policies if requested. Failure of Firm to provide timely  insurance shall be subject to approval by the Town of Stokesdale  evidence of insurance, or to place coverage with insurance, or to place coverage  Letters of interest and statements of qualifications submitted after the 2/21/23 at 2pm deadline will not be  considered.  The submittal, in PDF format, should be submitted to the below email addresses:  Dale Martin, Town Clerk: Robbie Wagoner II, Deputy Town Clerk: the requirements stated above.  oksdAcexokesdators epADdeexoEGsoTs  Firms submitting Letters of Interest are encouraged to carefully check them for conformance to Ifyou feel the information provided is inadequate to submit al Letter of Interest, please contact Robbie Wagoner @ 336-643-4011 or by e-mail Gepuypleeolesdaeon. Notification will be given to those firms that were not selected by email.  The firm selected will be notified by telephone.  Page 17