(R 1833  MINUTES  Regular Meeting of the City Council 6:30 p.m. Tuesday, September 12, 2023 317 S. Madison Street, Whiteville, NC, 28472  The Regular Meeting of the City Council of the City of Whiteville was called to order on Tuesday, September 12, 2023, at 6:30 p.m., at 317 S. Madison Street, Whiteville, NC, 28472.  1) ROLL CALL PRESENT: ABSENT:  Terry Mann, Jimmy Clarida, Tim Collier, Helen BI Holden, Vickie Pait,  Kevin Williamson, and Emory Worley  None.  Others in Attendance: Darren Currie, City Manager; Carlton Williamson, City Attorney; Colburn Brown, Finance Director; Madison Ward, Economic Development Planner; Robert Lewis, Planning Director; David Yergeau, Fire Chief; Hal Lowder, Emergency Services Director; Emily Cross, Event Coordinator; David Heath; Joseph Williams (The  New Reporter); and Members oft the Public 2) CALLTOORDER Mayor Mann called the meeting to Order at6 6:30 pm. 3) INVOCATION Provided by Council Member Collier. 4) PLEDGE OF ALLEGIANCE Led by Mayor Mann. 5) ADOPTION OF AGENDA Helen BI Holden SECONDED the motion. VOTE: 7-0 (Unanimous) Kevin Williamson, Emory Worley) Nays: 0 Absent: 0  Tim Collier MOVED to approve the adoption oft the agenda as presented.  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen BI Holden, Vickie Pait,  6) APPROVAL OF MINUTES  6.1) Consideration for Approval of Minutes meeting held on August 22, 2023. Helen BH Holden SECONDED the motion. VOTE: 7-0 (Unanimous) Nays:0 Absent: 0  Jimmy Clarida MOVED to approve the adoption of the minutes for the regular  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen BI Holden, Vickie  Pait, Kevin Williamson, Emory Worley)  7) PUBLIC COMMENT  David Heath Mr. Heath requested that Council consider implementing a discount for those who pay their taxes early, the same as Columbus County. Mayor Mann advised that they would discuss iti in budget preparations for FY2024-25. Mayor Mann stated that in a conversation with Mr. Currie, it was determined that if the City put a discount in  place, the City would lose about one cent oft the tax rate. 8.1) ABC Board Appointment fora a Three-Year Term October 30, 2023 and will expire on October 30, 2026.  8) BUSINESS  Mr. Currie explained that Mr. Alton Ray Melton has expressed interest in being reappointed to the ABCI Board. He advised this is a three year term beginning on    Jimmy Clarida MOVED to approve the reappointment of Mr. Alton Ray Melton to the ABC Board for a three-year term which will begin on October 30, 2023 and  wille expire on October 30, 2026. Tim Collier SECONDED the motion. VOTE:7-0 (Unanimous) Nays: 0 Absent:0 SafetyGrant  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen BI Holden, Vickie  Pait, Kevin Williamson, Emory Worley)  8.2) Consideration for Application for the NCI League of Municipalities Workers Comp Chief Yergeau explained that staff is requesting City Council to authorize the City Manager and Fire Chief to apply for the NC League of Municipalities Workers Comp Grant. He reported that this grant will help purchase equipment and services that will either reduce the potential fori injury to a firefighter or reduce the risk of property loss or liability to the department. He advised that members are eligible for up to $5,000 annually for each pool in which they participate; equipment must directly and primarily benefit the department, its employees, facilities, rather than the general public at large. He advised that staff will be applying for Hose Management equipment and the estimated cost of the Rollnrack Hose Management Package is $9,764. He reported that the City's costs, if awarded the grant, is $4,764 and grants are scheduled to be awarded in Jimmy Clarida MOVED to approve and authorize the City Manager and Fire Chief to submit the grant application to the NC League of Municipalities Workers Comp  December 2023. Safety Grant Program. Vickie Pait SECONDED the motion. VOTE:7-0 (Unanimous) Nays: 0 Absent: 0  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie  Pait, Kevin Williamson, Emory Worley)  8.3) Consideration for Application for the 2023 Volunteer Rescue EMS Grant Chief Yergeau explained that staff is requesting City Council to authorize the City Manager and Fire Chief to submit Grant application for the 2023 Rescue/EMS Grant. He explained that this grant will assist with the purchase of equipment for the fire department. He advised that the equipment being requested on this grant are pagers and EMS bags. He reported that this grant is a matching grant. The estimated costs oft the equipment being applied fori is $15,939.65. If awarded this grant, the City's cost is $7,969.83. He advised that grant awards will be Kevin Williamson MOVED to approve and authorize the City Manager and Fire Chieft tos submit the grant application to the NC Department of Insurance (NCDOI). Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie  announced on December 15, 2023. Tim Collier SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0 the Vineland Depot  Pait, Kevin Williamson, Emory Worley)  8.4) Consideration for an Amendment to the FY2023-24: Schedule of Fees Regarding Ms. Ward and Ms. Cross provided an update on rentals for Vineland Depot and provided a power point presentation to City Council regarding rental rates for Vineland Depot, in particular, a half day rental rate. The focus of the presentation was strategies for increasing revenue and building an engaging online presence. They explained that the goal is to increase bookings and overall revenue for Vineland Station with competitive pricing and strategic marketing efforts. Ms. Ward and Ms. Cross reviewed the current Schedule of Fees (SOF) for rentals at Vineland Station. They explained that there is a large revenue opportunity with small events, such as bridal showers, baby showers, anniversary, birthday, and holiday parties, in addition to other small events by having inclusive fees. They provided a brief local competitive analysis which included rates for the Spillway, Pine Log Plantation and The Farm. They explained that based on this analysis, they were proposing that Council amend the FY2023-24 SOF to reflect the  following: Weekend Rate (Fri-Sun) Weekend Package Weekend Special (Sat-Sun) Weekday Rate (Mon-Thurs) Non-Profit Weekday Rate (Mon-Thurs) Meeting Room (Mon-Thurs) Non-Profit Meeting Room (Mon-Thurs)  $1,495 per day $2,995 includes Fri, Sat, and Sun $495 (half day upi to 61 hours) $795 per day $495 per day $95 per hour $45 per hour    AIIF Rentals Must Include al Refundable Deposit $300 per event Discussion ensued. Ms. Ward and Ms. Cross discussed with Council various marketing opportunities, explaining that traditional marketing can be more effective at reaching a larger audience while social media marketing is generally more cost-effective and can be more targeted. They explained that social media marketing continues efforts to increase engagement on social media platforms while promoting Vineland Station Depot. They explained that the Plan of Action entails 1) competitive pricing, 2) traditional marketing, and 3) social media marketing. They advised that the Plan of Action should increase profitability and Jimmy Clarida MOVED to approve the proposed amendmet to the FY2023-24  success for years to come. Discussion ensued. Schedule of Fees. Emory' Worley SECONDED the motion. VOTE: 7-0 (Unanimous). Nays:0 Absent:0 Policy  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen BI Holden, Vickie  Pait, Kevin Williamson, Emory Worley)  8.5) Consideration fora Cityof Whiteville Uniform Guidance Grant Procurement Mr. Lewis explained that thel NCI Department of Commerce has requested that the City adopt the Uniform Guidance Procurement Policy in order to receive grant funding related to the Rural Transformation Grant. He explained that adoption of the policy is only related to the grant and will not supersede any other adopted purchasing policy adopted by the City. Brief discussion ensued. Jimmy Clarida MOVED to approve the adoption of the Uniform Guidance Grant Procurement Policy related to the Rural Transformation Grant.  Tim Collier SECONDED ther motion. VOTE: 7-0 (Unanimous). Nays: 0 Absent: 0  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie  Pait, Kevin Williamson, Emory Worley)  9) COUNCIL COMMENTS 10) REPORTS  Council Member Pait thankeds staff for the repair made on Maultsby Street.  10.1) Manager's Report  Mr. Currie reported on the following areas: manholes tos set and about 1,2001 feet of pipel left to install. 2. Intergovemmental. meeting was ag great success. along! Lee and Franklin, ahead of paving by NCDOT.  1. Mollies Branch Phase II progress continues on the project though flooding slowed the crew down for a day. He reported that there are only three more 3.F Future Projects for Water and Sewer He reported that he has been working with the engineers to get projects lined up to continue the City's efforts to renab/replace water and sewer lines. He reported that the next large projects being anticipated are applying for replacement of water and sewer lines 4. Meeting NCEM- He explained that Mr. Lowder was able to make contact with NCEM: after the recent storm and NCEM staff were in City on Tuesday performing damage assessments in the flooded areas. He advised that we are waiting for some final numbers ont that so the City knows how we may qualify for assistance. He asked Mr. Lowder tos show some videos oft the recent flooding. 11.1) GS1433181L10)terl handlingac claimf fora complaint though there is no existing. lawsuit at present time and GS 14318.1110.0.6,10. discuss the work Jimmy Clarida MOVED to approve recessing Open Session at 7:19 pm to convene into Closed Session pursuant to GS 143-318.11 (a) (3) for handling a claim for a complaint though there is no existing lawsuit at present time and GS 143-318.11 (a)(1)(6) to discuss the work performance of an employee.  11) CLOSED SESSION  performance of ane employee.  Vickie Pait SECONDED the motion. VOTE: 7-0 (Unanimous) Nays: 0 Absent: 0 session.  Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Council reconvened the open meeting at 7:53 pm. No action taken in open  Pait, Kevin Williamson, Emory Worley)  12) ADJOURNMENT    Terry Mann MOVED to approve the adjournment of the regular meeting held on Yeas: 7 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden, Vickie Pait,  September 12, 2023 at 7:55 pm. VOTE:7-0 (Unanimous) Kevin Williamson, Emory' Worley) Nays:0 Absent: 0  Terry L. MAYOR Mann, Bonnie   Maahllp  Iuy    City of Whiteville North Carolina  ADMINISTRATIVE &F FINANCIAL POLICIES SUBJECT:  GRANT PURCHASING & CONTRACTING Board Approval Date  Number 1  Revision 1-S Sep. 12, 2023 Sep. 12, 2023 Effective Date Pages Sep. 12,2023 10  City of Whiteville Uniform Guidance Grant Procurement Policy Comment: When: spending federal grant and loan awardj funds, local governments are required to adopt written procurement, policies that conform to applicable federal law and the Uniform Guidance. (2 C.F.R. S 200.318(a)) This sample policy contains language. found in the relevant sections oft the Uniform Guidance, 2C.F.R. Part. 200, relating to procurement requirements. Local governments should review their own local policies and consult with their attorneys to make modifications as needed to conform tol local purchasing, practices (such as approval processes and use ofpurchasing cards and purchase orders) when adopting this policy. For individuald contracts, local governments also should consult their grant award documents and with their federal grantor agency to determine whether additional procurement requirements apply.  Purpose  The purpose of this policy is to establish guidelines that meet or exceed the procurement requirements for purchases of goods (apparatus, supplies, materials, and equipment), services, and construction orr repair projects whenf federal funds are being usedi in whole ori in part to pay for the cost of the contract. To the extent that other sections of procurement policies and procedures adopted by the City of Whiteville are more restrictive that those contained in this policy, local policies and procedures shall bei followed.  II. Policy  A. Application of Policy. This policy applies to contracts for purchases, services, and construction or repair work funded with federal financial assistance (direct or reimbursed). The requirements of this Policy also apply to anys subrecipient oft the funds. All federally funded projects, loans, grants, and sub-grants, whether funded in part or wholly, are subject to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for federal awards (Uniform Guidance) codified at 2 C.F.R. Part: 200 unless otherwise directedi in writing byt the federal agency or state pass-through agency B. Compliance with Federal Law. All procurement activities involving the expenditure of federal funds must! be conductedi in compliance with the Procurement: Standards codified n2CFX200317/Hmouh 92 200-326 unless otherwise directedi in writing! byt thef federal  that awarded the funds.  Cityo ofWhiteville Uniform Guidance Grant Procurement Policy  Page1 September 2023    agency or state pass-through agency that awarded thet funds. The City of Whiteville will follow all applicablel local, state, andf federal procurement requirements when expending federal funds. Should the City of Whiteville have more stringent requirements, the most restrictive requirement: shall apply so long as iti is consistent with state andi federal law. Contract Award. All contracts: shall bea awarded onlyt tot thel lowest responsive responsible bidder possessing the ability to perform successfully under the terms and conditions of D. No Evasion. No contract may be divided to bring the cost under bid thresholds or to evade any requirements under this Policy or state andi federall law. Contract Requirements. All contracts paidf for inv whole ori inp part with federal funds shall be in writing. The written contract must include or incorporate by reference the provisions required under 2C.F.RS2 200.326 and as provided for under 2 C.F.R. Part: 200, Contractors' Conflict of Interest. Designers, suppliers, and contractors that assisti int the development or drafting of specifications, requirements, statements of work, invitation for bids or requests for proposals shall be excluded from competing for such G. Approval and Modification. The administrative procedures contained in this Policy are administrative and may be changed as necessary at the staff level to comply with state  the contract.  Appendix II.  requirements. andi federal law.  III. General Procurement Standards and Procedures:  Either the Purchasing Department or the Requesting Department shall procure all contracts A. Necessity. Purchases must be necessary to perform the scope of work and must avoid acquisition of unnecessary or duplicative items. The Purchasing Department and/or the Requesting Department should check with the federal surplus property agency prior to buying new items when feasible and less expensive. Strategic sourcing should be considered with other departments and/or agencies who have similar needs to B. Clear pecifications. Alls solicitations must incorporate: a clear and accurate description of the technical requirements for the materials, products, or services to be procured, and shall include all other requirements which bidders must fulfill and all other factors to be used in evaluating bids or proposals. Technical requirements must not contain features  ina accordance with the requirements oft this Section oft the Policy.  consolidate procurements and: services to obtain better pricing.  that restrict competition. Cityo ofv Whiteville Uniform Guidance Grant Procurement Policy  Page2 September 2023    Notice of Federal Funding. All bid solicitations must acknowledge the use of federal funding fort the contract. Ina addition, allp prospectivel bidders or offerors musta acknowledge that fundingi is contingent upon compliance witha all terms and conditions of the funding D. Compliance by Contractors. All solicitations shall inform prospective contractors that they must comply with all applicable federal laws, regulations, executive orders, and Fixed Price. Solicitations must state that bidders shall submit bids on a fixed price basis and that the contract shall be awarded ont this basis unless otherwise provided for int this Policy. Cost plus percentage of cost contracts are prohibited. Time and materials contracts are prohibited inr most circumstances. Time and materials contracts will not be used unless no other form of contract is suitable and the contract includes a "Not to Exceed" amount. A time and materials contract shall not be awarded without express written permission of the federal agency or state pass-through agencyt that awarded the F. Use of Brand Names. When possible, performance or functional specifications are preferred to allow for more competition leaving the determination of how to reach the required result tot the contractor. Brand names may be used only wheni it isi impractical or uneconomical to write a clear and accurate description of the requirement(s). When a brand name is listed, iti is used as reference only and "or equal" must be included in the G. Lease versus Purchase. Under certain circumstances, it may be necessary top perform an analysis of lease versus purchase alternatives to determine the most economical H. Dividing Contract for M/WBE Participation. feconomically feasible, procurements may be divided into smaller components to allowr maximum participation ofs smalla andi minority businesses and women! business enterprises. The procurement cannoth be divided tob bring the cost under bid thresholds ort to evade any requirements under this Policy. Documentation. Documentation must be maintained by the Purchasing Department and/or the Requesting Department detailing the history of all procurements. The documentation should include the procurement method used, contract type, basis for contractor selection, price, sources solicited, public notices, cost analysis, bid documents, addenda, amendments, contractor'si responsiveness, notice ofa award, copies ofr noticest to unsuccessful bidders or offerors, record of protests or disputes, bond documents, notice top proceed, purchase order, and contract. Allo documentation relating tot the award ofa any contract must be made available to the granting agency uponr request.  award.  terms and conditions of the funding award.  funds.  description. approach.  Cityo of Whiteville Uniform Guidance Grant Procurement Policy  Page3 September 2023    Cost Estimate. For all procurements costing $250,000 or more, the Purchasing Department: and/or Requesting Department shall develop an estimate oft the cost of the procurement prior tos soliciting bids. Coste estimates may! be developed byr reviewing prior contract costs, online review of similar products or services, or other means by which a good faith cost estimate may be obtained. Cost estimates for construction and repair <. Contract Requirements. The Requesting Department must prepare a written contract incorporating the provisions referenced in Section II.C oft this Policy. Debarment. No contract shall be awarded to a contractor included on the federally M. Contractor Oversight. The Requesting Department receiving the federal funding must maintain oversight of the contract to ensure that contractor is performing in accordance N. Open Competition. Solicitations shall be prepared in a way to be fair and provide open competition. The procurement process shall not restrict competition by imposing unreasonable requirements on bidders, including but not limited tou unnecessary: supplier experience, excessive or unnecessary bonding, specifying al brand name without allowing for "or equal" products, or other unnecessary requirements that have the effect of 0. Geographic Preference. No contract shall be awarded on the basis of a geographic  contracts may be developed by the project designer.  debarred bidder's list.  with the contract terms, conditions, and specifications.  restricting competition. preference.  IV. Specific Procurement Procedures cost oft the contract.  Either the Purchasing Department or the Requesting Department shall solicit bids in accordance with the requirements under this Section of the Policy based on the type and A. Service Contracts (except for A/E professional services) and Purchase Contracts costing less than $10,000 shall be procured using the Uniform Guidance "micro-purchase" 1. The contract may be awarded without soliciting pricing or bids ift the price oft the goods ors services is considered tol bei fair and reasonable. 2. To the extent practicable, purchases must be distributed among qualified B. Service Contracts (except for A/E professional services) and Purchase Contracts costing $10,000 up to $90,000 shall be procured using the Uniform Guidance "small purchase"  procedure (2 CFR.5200.3204a): as follows:  suppliers.  procedure (2 CFR.5200320b): asf follows: City of Whiteville Uniform Guidance GrantP Procurement Policy  Page 4 September 2023    1. Obtain price or rate quotes from an "adequate number" of qualified sources (a federal grantor agency might issue guidance interpreting "adequate number," so the Requesting Department shouldr reviewt the terms and conditions of the grant award documents to confirm whether specific guidance has been issued). 2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers Cost or price analysis isr not required prior tos soliciting bids. Awardt the contract on at fixed-p price basis (ar not-to-exceed basis is permissible for service contracts where obtaining a fixed price is not feasible). Award the contract tot the lowest responsive, responsible bidder. Service Contracts (except for A/E professional services) and Purchase Contracts costing $90,000 and above shall be procured using a combination of the most restrictive requirements oft the Uniform Guidance "sealed bid" procedure (2 C.F.R. 5200.320(c))and 2. Complete specifications or purchase description must be made available to all 3. The bid must be formally advertised in a newspaper of general circulation for at least seven full days between the date of the advertisement and the date of the public bid opening. Electronic-only advertising must be authorized by the governing board. The advertisement must state the date, time, and location of the public bid opening, indicate where specifications may be obtained, and reserve tot the governing board the right to reject any or all bids only for "sound 4. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers Open! bids att thep public bid opening on the date, time, and att the location noticed int the public advertisement. All bids must be submitted: sealed. Ar minimum of2 6. Award the contract to the lowest responsive, responsible bidder on ai fixed-price basis. Governing board approval is required for purchase contracts unless the governing board has delegated award authority to an individual official or employee. Any and all bids may be rejected only for "sound documented Note Regarding: Service Contracts Costing $90,000 up to; $250,000: Localg government. service contracts are not subject to state competitive bidding requirements. Ifal local government does not require competitive proposals (RFPs) for service contracts under its local policy, it may choose toj follow the UG: small purchase procedure fors service contracts costing $10,000 upt tos $250,000, andi thenj follow the UG: sealed! bid ord competitive proposal method fors service contracts costing; $250,000 or more. If the local policy regarding service contracts is more  asr required under 2C.F.R. $200.321.  state formal bidding procedures (G.S.1 143-129) as follows: 1. Cost or price analysis is required prior tos soliciting bids.  bidders.  documented reasons." asr required under: 2C.F.R. 9 200.321. bids must be received in order to open all bids.  reasons."  restrictive, the local policy should bej followed. City ofv Whiteville Uniform Guidance Grant Procurement Policy  Page5 September 2023    D. Service Contracts (excepti for A/E professional: services) costing $250,000 and above may be procured using the Uniform Guidance "competitive proposal" procedure (2 C.F.R. 200.320(d)) whent the' "sealed bid" procedure is not appropriate for the particular type of 1. AR Request for Proposals (RFP) must be publicly advertised. Formal advertisement in a newspaper is not required sol long ast the method ofa advertisement wills solicit proposals from an' "adequate number" of qualified firms. 2. Take affirmative steps tos solicit price quotes from M/WBE vendors and suppliers as provided under 2C.F.R. $2 200.321. 3. Identify evaluation criteria and relative importance of each criteria (criteria weight)i int the RFP. 4. Consider allr responses tot the publicized RFP tot the maximum extent practical. 5. Must have av written methodf for conducting technical evaluations of proposals and selecting the winning firm. 6. Award the contract to the responsible firm with most advantageous proposal taking into account price and other factors identified int the RFP. Governing board approvali isr not required. 7. Award the contract on at fixed-price or cost-reimbursement basis. E. Construction andi repair contracts costing less than $10,000 shalll be procured using the Uniform Guidance "micro-purchase" procedure (2 C.F.R.S $200.320(a) ast follows: 1. The contract may be awarded without soliciting pricing or bids ift the price of the goods or services is considered tob bet faira and reasonable. 2. To the extent practicable, contracts must be distributed among qualified F. Construction and repair contracts costing $10,000 up to $250,000 shall be procured using the Uniform Guidance "small purchase" procedure (2 C.F.R. S 200.320(b)) as 1. Obtain price or rate quotes from an "adequate number" of qualified sources (a federal grantor agency might issue guidance interpreting "adequate number," so the requesting department should review the terms and conditions of the grant award documents to confirm whether specific guidance has been issued). 2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers asr required under 20 C.F.R. S 200.321. 3. Cost or price analysis is not required prior to soliciting bids, although price estimates may! be provided byt the project designer. 4. Award the contract on at fixed-price or not-to-exceed basis. 5. Award the contract to the lowest responsive, responsible bidder. Governing board approval isr not required. G. Construction and repair contracts costing $250,000 up to $500,000 shall be procured using the Uniform Guidance "sealed bid" procedure (2 C.F.R. 5200.320(c): asf follows:  service being sought. The procedures are as follows:  suppliers.  follows:  Cityo ofv Whiteville Uniform Guidance Grant Procurement Policy  Page 6 September 2023    1. Cost or price analysis is required priort tos soliciting bids (this cost estimate may be 2. Complete specifications must be made available to alll bidders. 3. Publically advertise the bid solicitation for a period of time sufficient to give bidders notice of opportunity to submit bids (formal advertisement in a newspaper is not required so long as other means of advertising will provide sufficient notice of the opportunity to bid). The advertisement must state the date, time, and location of the public bid opening, and indicate where Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers 5. Open the bids at the public bid opening on the date, time, and at the location noticed in the public advertisement. All bids must be submitted sealed. A minimum of 2 bids must be received inc order to open alll bids. A5% bid! bondi isr required ofa alll bidders. Performance and payment bonds of 100% oft the contract pricei isr required oft the winning bidder. 7. Awardi the contract on ai firmi fixed-price basis. Award the contract tot thel lowestr responsive, responsible bidder. Governing! board approval is not required. Any and all bids may be rejected only for "sound H. Construction and repair contracts costing $500,000 and above shall be procured usinga combination of the most restrictive requirements of the Uniform Guidance "sealed bid" procedure (2 C.F.R. 92 200.320(c)) and state formal bidding procedures (G.S.143-129): as 1. Cost or price analysis is required prior tos soliciting bids (this cost estimate should 2. Complete specifications must ber made available toa all bidders. 3. Formally advertiset the bid ina a newspaper of general circulation for atl least seven full days between the date of the advertisement and the date of the public bid opening. Electronic-only advertising must be: authorized by the governing board. The advertisement must state the date, time, and location of the public bid opening, indicate where specifications may be obtained, and reserve to the governing board the right to reject any or all bids only for "sound documented Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers 5. Open the bids at the public bid opening on the date, time, and at the location noticed in the public advertisement. All bids must be submitted sealed and in paperf form. Ar minimum of 31 bids must be received in ordert to open all bids. 6. A5% bid bondi is required of all bidders (a bid that does not include al bid bond cannot be counted toward the 3-bid minimum requirement). Performance and payment bonds of 100% of the contract pricei is required oft the winning bidder.  provided by the project designer).  specifications mayl be obtained. asp provided under 2CFR.5200.321.  documented reasons."  follows:  bep provided byt the project designer).  reasons."  asp provided under 2C.F.R. $ 200.321.  7. Award the contract ona af firm fixed-price basis.  Cityo of Whiteville Uniform Guidance Grant Procurement Policy  Page7 7 September 2023    8. Award the contract to the lowest responsive, responsible bidder. Governing board approval is required and cannot be delegated. The governing board may reject and allb bids onlyf for "sound documented reasons." Construction or repair contracts involving a building costing $300,000 and above must comply with thei following additional requirements under statel law: 1. Formal HUB (historically underutilized business) participation required under G.S. 143-128.2, including local government outreach efforts and bidder good faith 2. Separate specifications shall be drawn for the HVAC, electrical, plumbing, and general construction work as required under G.S.143-128(a). 3. The project shall be bid using as statutorily authorized bidding method (separate- prime, single-prime, or dual bidding) asr required under G.S.143-129la1). Contracts for Architectural and Engineering Services costing under $250,000 shall be procured usingt the state "Mini-Brooks. Act" requirements (G.S.1 143-64.31): as follows: 1. Issue a Request for Qualifications (RFQ) to solicit qualifications from qualified firms (formal advertisement in a newspaper is not required). Price (other than 2. Take affirmative stepst to solicit price quotes from M/WBE vendors and: suppliers 3. Evaluate the qualifications of respondents based on the evaluation criteria developed by the Purchasing Department and/or Requesting Department. 4. Rankr respondents based on qualifications and select the best qualified firm. Price cannot be af factor int the evaluation. Preference may be given toi in-state (but not 5. Negotiate fair and reasonable compensation with the best qualified firm. If negotiations are not successfully, repeat negotiations with the second-best 6. Award the contract to best qualified firm with whom fair and reasonable compensation has been successfully negotiated. Governing board approval is not Contracts for Architectural and Engineering Services costing $250,000 or more shall be procured using the Uniform Guidance "competitive proposal" procedure (2 C.F.R. 5 1. Publically advertise: al Request for Qualifications (RFQ)t tos solicit qualifications from qualified firms (formal advertisement ina a newspaper isr not required). Price (other 2. Take affirmative steps tos solicit price quotes from M/WBE vendors and suppliers 3. Identify the evaluation criteria and relative importance of each criteria (the  efforts, shall apply.  unit cost) shallr not! be solicitedi in the RFQ. as provided for under 2C.F.R.2 200.321.  local) firms. qualified firm. required.  200.320(d)(5): as follows:  than unit cost) shall not be solicited int the RFQ. as provided under 2C.F.R.S2 200.321. criteria weight) int the RFQ.  Cityo of Whiteville Uniform Guidance Grant Procurement Policy  Page 8 September 2023    4. Proposals must be solicited from an "adequate number of qualified sources" (an individual federal grantor agency may issue guidance interpreting "adequate 5. Musth have av written method for conducting technicale evaluations of proposals and 5. Consider all responses tot the publicized RFQt to the maximum extent practical. 7. Evaluate qualifications of respondents tor rank respondents and select the most qualified firm. Preference may be given toi in-state (but not local) firms provided that granting the preference leaves an appropriate number of qualified firms to compete for the contract givent the nature ands size oft the project. Price cannot be at factor int the initial selection oft the most qualified firm. Once the most qualified firm is selected, negotiate fair and reasonable compensation. If negotiations are not successfully, repeat negotiations with the 10. Award the contract to best qualified firm with whom fair and reasonable compensation has been successfully negotiated. Governing board approval is not  number").  selecting the best qualified firm.  second-best qualified firm. required.  V. Exceptions funds:  Non-competitive contracts are allowed only under the following conditions and with the written approval ofthet federalagency ors statep pass-through agency that awardedi thet federal A. Sole Source. AC contract may be awarded without competitive bidding when thei item is available from only one source. The Purchasing Department and/or Requesting Department shall document thej justification for and lack of available competition for the item. As sole source contract must be approved by the governing board. B.F Public Exigency. Ad contract may be awarded without competitive bidding whent therei is apublic exigency. Ap public exigency exists whent therei is ani imminent or actual threatt to public health, safety, and welfare, and the need for the item will not permit the delay Inadequate Competition. Acontract mayk be awarded without competitive bidding when competition is determined' tol bei inadequate after attempts tos solicit bids from a number ofs sources as required under this Policy does not result ina a qualified winning bidder. D.F Federal Contract. A contract may be awarded without competitive bidding when the purchase is made from a federal contract available on the U.S. General Services  resulting from a competitive bidding.  Administration schedules of contracts. Cityo of Whiteville Uniform Guidance GrantF Procurement! Policy  Page9 September 2023    E. Awarding Agency Approval. A contract may be awarded without competitive bidding with thee express written authorization oft thet federal agency or state pass-through agency that awarded the federal funds so long as awarding the contract without competition is  consistent withs state law.  City of Whiteville Uniform Guidance Grant Procurement Policy  Page 10 September 2023