CITY OF Consi DUNN NORTH CAROLINA Where communify begins! Dunn City Council Regular Meeting Tuesday, August 27, 2024 18877 6:30 p.m., Dunn Municipal Building AGENDA Call to Order - Mayor William P. Elmore, Jr. Invocation = Rev. Grover Blackburn, Jr. - North Clinton Avenue Baptist Church 1) Adjustment and Approval of the August 27, 2024 meeting agenda Pledge of Allegiance PUBLIC COMMENT PERIOD 2) Each Speaker should limit comments to 3 minutes and must sign up on sheet available on the podium within the Council Chambers prior to the start of the meeting. Total comment period limited to 30 minutes. CONSENT ITEMS 3) Minutes - July gth, 2024 4) Special Event - Chalk Festival Temporary Closing of Parking Lot- October 5, 2024 5) Special Event - Trunk or Treat - Temporary Street Closing - October 31, 2024 ITEMS FOR DISCUSSION ANDIOR DECISION 6) SUP-03-24- - Cold Touch Media - 101 S Clinton Avenue Loans/Grants FY24 Vehicle and Equipment purchased Project and Stormwater Mapping Project 7) Consideration to adopt Four Resolutions and Accept Four Letters of Conditions - USDA 8) Capital Project Ordinance-Budget Amendment Pearsall St. - Culvert Replacement 10) Capital Project Ordinance-Budget Amendment Clarence Lee Tart Park Renovation- 11) Consideration of SRP Funding Offer - Water System AIA - Project No. AIA-D-0302 12) Capital Project Ordinance-Raw Water Pump Station Improvements 13) Capital Project Ordinance-uniper Creek Area Stormwater Improvements Project 9) Budget Amendment for Police Performance and Wellness Grant Phase Two 14) Administrative Reports a) City Manager's Report/Update on Council Goals b) Financial ReporlAssessment Update c) Department Reports Public Information Parks & Recreation/Police Public Works/Public Utilities Planning & Inspections 15) Announcements 16) Information 17) Closed Session - If called, the General Statute(s) allowing the Closed Session will be cited in the motion ADJOURNMENT "This institution is an equal opportunity provider and employer" Adjustment and Approval Ofthe August 27, - 2024 Meeting Agenda Recommendation: Motion to adopt the August 27, 2024, meeting agenda as presented. Or Motion to adopt the August 27, 2024, meeting agenda as presented with the following changes: Additions: (Assign Number on the. Agenda such as 28A) Removal ofthe following items(s): Move Item of] Business from one section to another section (such as moving item from Consent Items to Items for Discussion and/or Decision). Public Comment Period Adopted 8-4-05 CITY OF DUNN CITY COUNCIL PUBLIC COMMENT POLICY The City Council for the City of Dunn does hereby adopt a Public Comment Policy to provide at least one period for public comment per month at a regular meeting of the City Council. This policy shall remain in effect until such time that it is altered, modified, or rescinded by the City Council. All comments received by the City Council during the Public Comment Period shall be subject to the following procedures and rules: 1. Anyone desiring to address the City Council must sign up and register on a sign- up sheet available on the podium within the City Council chambers prior to the Mayor calling the meeting to order. The sign-up sheet shall be available thirty (30) minutes prior the beginning of the City Council meeting in the City Council Chambers. Once the Mayor has called the meeting to order, the City Clerk shall collect the sign-up sheet and deliver it to the Mayor. The speaker shall indicate on the sign-up sheet his or her name, address and matter of concern. 2. 3. 4. The Public Comment Period shall be for thirty (30) minutes. Comments are limited to three (3) minutes per speaker. A speaker can not give Each speaker must be recognized by the Mayor or presiding member of the City their allotted minutes to another speaker to increase that person's allotted time. Council as having the exclusive right to be heard. Speakers will be acknowledged in the order in which their names appear on the sign up sheet. Speakers will address the City Council from the podium at the front of the room and begin their remarks by stating their name and address. carried to the next regular meeting of the City Council and placed first on the Public Comment 5. Period. 6. 7. Individuals who sign up but can not speak because of time constraints, will be During the Public Comment Period, a citizen, in lieu of or in addition to speaking Groups supporting or opposing the same position shall designate a spokesperson may pass out written literature to the City Council, City Staffa and audience. to address the City Council in order to avoid redundancy. 8. After the citizen has made his or her remarks, he or she will be seated with no further debate, dialogue or comment. 9. The Public Comment Period is not intended to require the City Council to answer any impromptu questions. Speakers will address all comments to the City Council as a whole and not one individual Council member. Discussions between speakers and members of the audience will not be allowed. The City Council will not take action, or respond to questions about, issues raised during the Public Comment Period at the same meeting. 10. Speakers shall refrain from discussing any of the following: matters which concern the candidacy of any person seeking public office, including the candidacy ofthe person addressing the City Council; matters which involve pending litigation; matters which have been or will be the subject ofa public hearing; and matters involving specific personnel issues related to disciplinary matters. If the speaker wishes to address specific personnel issues related to disciplinary matters, he or she should take their comments to the City Manager, who shall share the comments with the City Council. 11. Speakers shall be courteous in their language and presentation. 12. The Mayor and City Manager shall determine, on ai month to month basis, where the Public Comment Period will appear on the monthly agenda when developing the agenda, prior to its publication. 13. The Public Comment Period shall only be held during the regularly scheduled monthly meeting of the City Council. There shall not be a Public Comment Period at any other meetings of the City Council, unless specifically approved by the City Council. Consent Items Recommendation: Motion to approve all Consent Items as presented. CITY OF DUNN NORTH CAROLINA 18877 City Council Agenda Item Meeting Date: August27, 2024 SUBJECT TITLE PRESENTER/DEPARTMENT ATTACHMENT/S) PURPOSE: Minutes-July 9, 2024- Special Meeting Deputy City Clerk Matti Draft Minutes PUBLIC HEARING PUBLISH DATES n/a BACKGROUND: a 5 BUDGET IMPACT: RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL Motion to approve Minutes as presented. DUNN 1989*2013 Dunn City Council Special Meeting Tuesday, July 9,2024 6:30 p.m., Dunn Municipal Building Minutes PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tem J. Wesley Sills, Council Members Raquel McNeil, Also present: Assistant City Manager Billy R. Godwin, Administrative Support Specialist Amber Groves, City Attorney Mayor Elmore opened the meeting at 6:30 p.m., gave. the invocation and led in the Pledge of Allegiance. Mayor Thel Mid-Carolina Regional Council Project Team (Justin Hembree, Executive Director and Samantha Wullenwaber, Deputy Executive Director presented the City Manager Recruitment and Selection Project Outline. A copy is April Gaulden, Billy N.Tart,,and Dr. David L. Bradham. ABSENT: Alan Hargis Tilghman Pope, City Clerk Tammy Williams, and Deputy City Clerk Melissa Matti. Elmore gave al briefhistory leading to the need fora a new City Manager. CALLTOORDER. ANDI INVOCATION PRESENTATIONS incorporated into these minutes as Attachment #1. ITEMSI FOR DISCUSSION, AND/OR DECISION City Manager Search Mid-Carolina Council of Governments Mr. Hembree advised the council thati in aj perfect world they could potentially bei interviewing candidates in mid- September. He and Ms. Wullenwaber would bei in touch each month. They willl be here for every meeting; in case A proposed flat fee of $9,500.00 would cover Mr. Hembree and Mrs. Wullenwaber's time, expenses, travel, etc. This would not include advertising costs, which would be minimal. It was suggested that no more than $5,000.00 Motion by Mayor Pro Tem Sills and: second by Council Member Bradham to approve hiring Mid-Carolina Council of Governments for the City Manager search at the proposed flat fee. Motion unanimously approved. Mrs. Wullenwaber worked with the council to determine the desired qualifications for the position and what city characteristics would be listed in the advertisement. It was decided that the most recent city stats would be the council wants details and tol let them know whati is going on with the search. bel budgeted to cover: auxiliary expenses such as travel fort the: applicants, etc. included. The ad will indicate that the position is open until filled. Closed Session Personnel Matter Motion by Mayor Pro Tem Sills and seconded by Council Member Gaulden to go into closed session to discuss a The Closed: Session ended and with no further business to discuss, the meeting adjourned at 8:27 p.m. personnel matter. Motion unanimously: approved. William P. Elmore Jr. Mayor Attest: Melissa R. Matti, CMC, NCCMC, CZO Deputy City Clerk City of Dunn Project Outline City Manager Recruitment and Selection Mid-Carolina Regional Council Project Team: Justin Hembree, Executive Director Samantha Wullenwaber, Deputy Executive Director Step 1-D Develop Candidate Profile MCRC's understanding of the City's needs will be key to the successful recruitment and selection of the City's next Manager. We will work with the Board to learn as much as possible about the City's expectations for a new Manager. MCRCV wants tog graspi the values and culture of the organization, as well as understand the current challenges and opportunities that face the City. We also want to know the Board's expectations regarding the knowledge, skills, and abilities sought in the ideal candidate and will work with the City to identify expectations regarding education and experience. Additionally, we will discuss expectations related to compensation and other items necessary to complete the successful appointment ofan new City Manager. The profile developed at this stage will drives subsequent recruitment and selection steps. Step 2-D Design and Implement Advertising Campaign After gaining an understanding of the City's requirements, MCRC will design an effective advertising campaign appropriate for the City Manager recruitment and selection. We will focus on professional publications and websites that are specifically suited to the search. We will also develop a professional recruitment brochure on the City's behalf that will provide possible candidates with an overview of the community and the position. Step 3- - Recruit Candidates Along with coordinating the advertisement of the position, MCRC will conduct an outreach effort to identify and recruit professionals that may be good candidates for the position. Step 4 = Screen Applicants Following the closing date for applications, MCRC will screen all applications. We will use the criteria established in Step 1a as a basis upon which toi initially narrow the field of candidates. Step! 5 = Interview Candidates MCRC will conduct interviews with the top eight to ten applicants to help determine which candidates have the greatest potential to succeed. During interviews, we will explore each candidate's background and experience asi it relates to the position. In addition, we will determine the candidate's motivation for applying fort the position and make an assessment of his/her knowledge, skills, and abilities. Furthermore, we will work to understand the likelihood of each candidate's acceptance of the position if an offer of employment is made. Page 1 of2 Step 6- Search Public Records Following interviews, MCRC will conduct a review of public records for each candidate. Various public sources will be consulted including online newspaper searches, Google, meeting minutes of governing bodies, employer websites, and other similar sources. This step will alert us to any additional inquiries that may need to be made about individual candidates. Step 7- Recommend Finalists Based on information gathered through Board input, interviews, and the search of public records, MCRC will recommend a limited number of candidates for the Board's further consideration. We will prepare a written report on each recommended candidate and make specific suggestions concerning which candidates should remain in the selection process. However, the final determination of finalists for the position willl be upi to the Board. Step 8- - Interview Finalists MCRC will assist the Board in the development of an interview process that objectively assesses the qualifications of each finalist. We will use an approach that fits the Boards needs and will provide the Board with suggested interview questions and rating forms. We will work with finalists to coordinate the scheduling of interviews and travel arrangements. Our goal will be to facilitate a positive experience for both the Board and the finalists. Step 9-0 Check Baciground/Relerences Based on final interviews and a consensus oft the Board, MCRC will facilitate credit, criminal, civill litigation, and motor vehicle record checks for the top one tot three candidates. Inaddition, we will conduct detailed confidential reference checks. We will also verify candidates' degrees. Step 10 - Negotiate Once the Board reaches a consensus concerning the final candidate, MCRC will represent the City's interests and advise the Board regarding salary, benefits, and, finally, ane employment agreement. Wev will work with the Cityt to facilitate at formal offer of employment. On-Going Services Throughout the Process Throughout the recruitment and selection process, MCRC will provide the Board with updates on the status of the search. We will work with Citys staff to take care of all administrative details. We will also keep candidates informed about their status int the process at each critical step and will promptly respond to candidate inquiries. Contact Info Justin Hembree Executive Director Mid-Carolina Regional Council nembree@mccog.org 828-772-7947( (Cell) Samantha Wullenwaber Deputy Executive Director Mid-Carolina Regional Council walenwaberemcogorg 919-632-5397 (Cell) Page 2 of2 do R Ne N - E E 5 E - R a CITY OF DUNN NORTH CAROLINA 1887 City Council Agenda Item Meeting Date: August 27, 2024 SUBJECT TITLE PRESENTENDEPARTIMENT ATTACHMENT/S) PURPOSE: market. Special Event Permits - Temporary Closing Parking Lot- Use ofC City Property - Chalk Festival City Manager Neuschafer Permit Application PUBLIC HEARING PUBLISH DATES n/a Request to close parking lot behind Sherry's Bakery from 7 a.m. to 6 p.m. on Saturday, October 5th for Chalk Festival (sponsored byt the Harnett County Arts Council). This event will bei in conjunction with the farmers' BACKGROUND: BUDGET IMPACT: RECOMMENDED COUNCIL MOTION/ACTION Motion to approve the temporary closing oft the parking lot behind Sherry's Bakery DUNN REQUESTED OF for the Chalk Festival. *1 l-Americac 1989 * 2013 10-524 réceived Event Permit Application, SEP-17-24 Page3 P435 8/7034 CK 1067 7R-cip104546 Event Information Type of Event: Festival LConcert Run/Walk Parade Mother-Type Mini Art event Name of Event and Sponsoring Organization: Chalk Festival- Harnett County Arts Council Point of Contact for this Event: Name Kittrnae Sanders Email Sanders@namet.org Telephone 910-984-6238 Purpose of Event This event will bei in conjunction with the farmers market. (see attachg We have talked with the farmer market manager. He loves the idea. Event Location: Parking Lot behind Sherry's Bakery Event Date(s). October 5th, 8024 Setup Date(s) October 5th 8084 Actual Event Hours 8am-4pm Setup/Assembly, Hours Setup 7am Clean Up from 4-6 Dismantle Date and Time same day Projected Attendance 200-300 peg Clase y Will there. be the use of fireworks at this event? yes MNo Will alcohol be served or sold? - Ves VNo Ifyes, please provide required documentation. Will Tent(s) be installed? Vyes No Fs Ifyes, Size 10x10 Number of Tents 20 individual If. applicable, please attach Tents/Temporary Membranes Permit Application. Will Inflatables be used? _Ves MNo Ifyes please attach Tents/Temporary Membranes Permit. Will this event require signs/banners? Vyes No lfyes, please attach Temporary Sign Permit Application. Doy you need access to city electrical outlets? Vves _No Do you need access to water for your event? _Yes VNo Additional Fees may apply for water and electricity. You will be contacted to discuss. Special Event Permit Application, Page 4 Applicant shouid include a detailed Traffic and Parking Plan. Will your event require the closing of any City streets or parking lots? Vyes No Ifyes, the application must be received 60 days in advance of the event. Request to close any state-maintained, roads must be handled through the NC Department of Transportation List any street(s) and parking lots to be closed. Include street name with date and time to be closed and reopened. Also include a detailed Map showing streets to be closed. We will provide all the permits after receiving conformation of application approval This is a one day event and insurance will be purchased in September. The event will be located in the parking lot behind Sherry's Bakery We are asking for the parking lot to be closed the night before 10/04/24 to ensure no cars are in the parking lot on 10/05/2025. We will go around and talk with all of the business owners. We will have toilet and hand washing station. Please attach map/drawing accurately depicting proposed locations, activities, and traffic flow, As a condition to the issuance of a temporary Special Event Permit, the permittee shall indemnify and hold the City harmless from claims, demand or cause of action which may arise with proposed parking plan. from activities associated with the special event. By signing this permit, I acknowledge that I have read completely including all necessary ordinances and answered all questions truthfully and understand that the event should NOT Submittal of an application does NOT guarantee approval and the $25 Fee is Non-Refundable. Violations could result in forfeiting the right to apply for future Special Events for a minimum be promoted until a Special Event Permit has been issued. of two (2)years. Date_ chRSadwe Please Return Completed. Application with Fees to: 8/24 City of Dunn Planning Department 102 N Powell Ave PO Box 1065 Dunn NC: 28335 Telephone (910) 230-3505 Special Event Permit Application, Page! 5 Checklist for Attachments Please makes sure allr required permits and information with necessary permit payments are included. Check or mark n/a NALJABCH Permit (ifa alcohol is to be: served or sold) MA Tents/Temporary Membranes Permit Application MALnatier Permit Temporary Sign Permit Proof ofl Insurance or Signed Waiver hjill secuve afte appoal Lflease be sure to include Map(s) or Drawing(s) showing location of event, activities, requested street closures, parking and traffic patterns. FOR OFFICE USE: Planning Department: Ma Inspections Department: Ma Police Department: City Clerk, if required: City Manager, if required: Date Received: Date Approved/Denied: Date of Notification to Applicant: 8/22024 Staff Name_ Staff Signature_ a spnul pooy 5 C @ l0 de 00 C a CITY OF DUNN NORTH CAROLINA 18877 City Council Agenda Item Meeting Date: August 27, 2024 SUBJECT TITLE PRESENTENDEPARIMENT ATTACHMENT/S) PURPOSE: event. Special Event Permits Temporary Closing Street- Trunk or Treat (Dunn Police Department) Chief Jackson Permit Application PUBLIC HEARING PUBLISH DATES n/a Request tot temporarily close 101 block of N. Magnolia Avenue (from E. Broad St. to E. Edgerton St.) for an afternoon event from 4 p.m. to6p p.m. on Thursday, October 31st for Dunn Police Department's Trunk or Treat BACKGROUND: - a BUDGET IMPACT: RECOMMENDED REQUESTED OF COUNCIL MOTION/ACTION Motion to approve thet temporary closing of North Magnolia beside city hall for Dunn DUNN Police Department's Trunk or Treat event. ***** City 1989 * 2013 10-3124 No Ch2S4 915-24 Parade SEP-Ilo-24 5/1024 Event Information Type of Event: Special Event Permit Application, Page3 Festival Concert Run/Walk Xomer-npe TBuNK OE TREAT Name of Event and Sponsoring Organization: DuNN POLIcE DEPARTMENTS TRuNK OR TREAT Point of Contact for this Event: Name_ L. KEVIN MOORE hsc.as-RA Telephone 919.907.6564 Purpose of Event City EVENT FOR COMMINITY Event Location: 101 N. MAGNOLIA Event Date(s) OCT. 31,2024 Setup Date(s)_ OCT.3L,2014 Actual Event Hours yoopm- Gioopm Setup/Assembly Hours_ Dismantle Date and Time_ Projected Attendance "100 N/A N/A foacl Close 6ly MA masnola OPD Will there be the use of fireworks at this event? Yes XNo Will alcohol be served or sold? Yes XNo lfyes, please provide required documentation. Will Tent(s) be installed? Yes XNo Ify yes, Size, Number of Tents If applicable, please attach Tents/Temporary Membranes Permit Application. Will Inflatables be used?, Yes XNo Ifyes, please attach lents/Temporary. Membranes Permit. Will this event require signs/banners? lfyes, please attach Temporary: Sign Permit Application. Do you need access to city electrical outlets?. Ves XNo Do you need access to water for your event? Ves X_No Ves X No Additional Fees may apply for water and electricity. Your will be contacted to discuss. Special Event Permit Application, Page 4 Applicant should include a detailed Traffic and Parking Plan. Will your event require the closing of any City: streets or parking lots? Xyes lfyes, the application must be received 60 days in advance of the event. No Request to close any stote-maintained, roads must be handled through the NC Department of Transportation List any: street(s) and parking lotst to be closed. include street name with date and time to be closed and reopened. Also include a detailed Map showing streets to be closed. THE 101 BLOCK. OF N. MAGNOLIA AVE CLOSED FRUM 6BRADST 70 E. 6DGERTON S1 ON N. MAGNOLIA. Please attach map/drawing accurately depicting proposed locations, activities, and traffic flow, As a condition to the issuance of a temporary Special Event Permit, the permittee shall indemnify and hold the City! harmless from claims, demand or cause of action which may arise By signing this permit, I acknowledge that I have read completely including all necessary ordinances and answered all questions truthfully and understand that the event should NOT Submittal of an application does NOT guarantee approval and the $25 Fee is Non-Refundable. Violations could result in forfeiting the right to apply for future Special Events for a minimum with proposed parking plan. from activities associated with the special event. be promoted until a Special Event Permit has been issued. oft two (2) years. Signature_ Please Date_ 8/15/2024 LKM Return Completed Application with Fees to: City of Dunn Planning Department 102 N Powell Ave PO Box: 1065 Dunn NC2 28335 Telephone (910)230-3505 Special Event Permit. Application, Page 5 Checklist for Attachments Please make sure all required permits andi information with necessary permit payments are included. Check or mark n/a MA NR, N, Noise Permit MTemporary Sign Permit ABC Permit (if alcohol is to be served or sold) Tents/Temporary Membranes Permit Appliçation Proof of Insurance or Signed Waiver street closures, parking and traffic patterns. FOR OFFICE USE: Planning Department: Ha Inspections Department: NA Please be sure to include Map(s) or Drawing(s) showing location of event, activities, requested Police Department: City Clerk, if required: City Manager, if required: Date Received: 814-2024 Date Approved/Denied; Date of Notification to Applicant: Staff Name Staff Signature 200 DU 321 Oe 412 400 02 403 CITY OF DUNN NORTH CAROLINA 18877 City Council Agenda Item Meeting Date: August 27, 2024 SUBJECT TITLE PRESENTENDEPARIMENT ATTACHMENT/S) SUP-03-24:Special Use Permit for a banquet hall/ event Alyssa Garcia, Planning Director / Planning Department Special Use Application, Staff Report with attachments, space Public Notice, etc. PUBLIC HEARING PUBLISH DATES August 6th and August 13th, 2024 PURPOSE: a) Public Hearing: This isar request for consideration ofa a Special Use Permit at the parcel containing 101 S. Clinton Avenue holding approximately .17 +/- acres. The applicant, Nathaniel Massey, applies on behalf of the property owner, Dottie Driver, for a banquet hall/event space in the C-1zoning district. b) Decision: BACKGROUND: - The parcel containing 101 S. Clinton Avenue is currently zoned C-1 Central Commercial District which allows for banquet halls/event spaces though the issuance of a Special Use Permit. The unit leased by Nathaniel Massey of Cold Touch Media, is 1,046 sq. ft. The location is currently There are no individual use standards required by the City of Dunn fori the Banquet Hall/ Event Space use per Article 5 oft the City of Dunn Unified Development Ordinance. The applicant has provided a summary of the events that are to be hosted at this location should the Special Use Permit application gain approval. Per the applicant, these events include birthday parties, graduation parties, retirement parties, musical album release parties, baby showers, video shoots, photoshoots, artist showcases, and recordings of podcasts. No events using live bands are proposed, nor are concerts proposed. Per the applicant, alcohol will be served at some events should the application gain approval and will be subject to appropriate regulatory A utilized as a commercial/office space. requirements. RECOMMENDATION/ACTION REQUESTED: Recommendation is to approve the Special Use Permit with conditions provided and accepted by the applicant. BUDGET IMPACT: None RECOMMENDED MOTION/ACTION COUNCIL DUNN Motion to continue the Special Use Permit application until such a time thata *** complete application package and supporting documentation has been All-AmericaCity REQUESTED OF provided to the Planning Department. 1989 13 CITY OF DUNN NORTH CAROLINA 18877 City Council Agenda Item Meeting Date: August27,2024 Consideration to adopt four Resolutions and accept the four letters of conditions for USDA Loan/Grant Applications for FY24 Vehicle and Equipment purchases Cary McNallan/Finance Department Four USDA Letters of Intent to Meet Conditions Four USDA Loan Resolutions SUBJECT TITLE PRESENTER/DEPARTMENT ATTACHMENT/S) PUBLIC HEARING PUBLISH DATES N/A PURPOSE: To approve four loans and four grants from the United States Department of Agriculture (USDA), Rural Development, for the purchase of vehicles and equipment for the City of Dunn Stormwater Department, Public Utility Departments, Public Works Department, and Police Department. BACKGROUND: In December 2023, aj public hearing was held related tot the purchase of FY24 vehicles and equipment and the City Council voted to apply for USDA grants and loan financing. Thel loan/grant process with the USDAI is nearing completion. The City of Dunn has been awarded $145,000 in grant proceeds and $929,000 in loan financing as noted in the chart below. The total of grant and loan proceeds equal $1,074,000. All vehicles and equipment have been delivered. USDA Loan-4% Int USDA Grant Loan Department Vehicle USDA-A Police USDA-A Police Dodge Durango ( (K9) Dodge Charger (4) 5J year loan terms $ - 215,000.00 $ 50,000.00 USDA-B Public Works Ford F-350 Crew Cab(2) USDA-B Public Works Ford F-150 Single Cab USDA-C Water Plant F-1504x4 USDA-C Sewer Plant F-1504x4 USDA-C Sewer Plant USDA-C Sewer Plant F3504x4 USDA-D Public Utility Trailer Jetter USDA-D Public Utility New Holland Backhoe USDA-D Stormwater Ops Mower Max Boom Gen3 3 Syear loan terms $ 134,000.00 $ 25,000.00 Kubota RTV Syear loan terms $ 175,000.00 $ 20,000.00 DUNN All-AmericaCity ** 7year loan terms $ 405,000.00 $ 50,000.00 2013 CITY OF DUNN NORTH CAROLINA 18877 City Council Agenda Item BUDGET IMPACT: The acceptance oft the four loans willl have ani impact ont future! budgets. Starting inF FY26, funding for debt service payments willl be allocated from the General Fundi in the amounto of $78,3951 for each oft the next five years. Funding for debt service payments will be allocated from the Water and Sewer Fund in the amount of $39,310 for each of the next five years, plus $28,088 for each of the next seven years. Funding for debt service payments will be allocated from the Stormwater Fund int the amount of $39,389 for each of the next seven years. RECOMMENDED Motion to approve four resolutions and the related letters of conditions from the MOTION/ACTION USDA for grants and loans for various vehicles and equipment and allow the REQUESTED OF Mayor and the City Staff to execute all related USDA documents. DUNN ***** All-AmericaCity 1989 2013 COUNCIL USDA Uniteds States Departmentof Agriculture Rural Development Together, America Prospers Rural Development August 27,2024 City of Dunn Attn: William Elmore, Jr., Mayor 401 East Broad Street PO Box 1065 Dunn, NC: 28334 North Carolina State Office 4405E Bland Road Suite: 260 Raleigh, NC: 27609 Voice 919.873.2000 Fax8 844.325.6921 TTY711 Subject: Letter of Conditions for a Community Facilities Program Loan and Grant for 2024 Public Utilities Equipment (New Holland Backhoe Loader, High Pressure Jetter. And Mower Max Boom) Dear Mayor Elmore, This letter, with attachments, establishes conditions that must be understood and agreed to by the applicant before further consideration may be given to the application for Federal Assistance. The State and Area Office staff of USDA Rural Development (RD) will administer the loan and/or grant funds for this project on behalf oft the Rural Housing Service. All parties may access information and regulations referenced in this letter at our website located at: nttps/ww.IG.USdausda.gowprograms-senvices/community-faciltes. Any changes in project cost, source of funds, scope. of services, or any other significant change (this includes significant changes int the Borrower's financial condition, operation, organizational. structure or executive leadership) in the project or applicant must be reported to and approved by USDA Rural Development by written amendment to this letter. Any changes not approved by USDA Rural Development will be cause for discontinuing processing of the application. Ifyou do not meet the conditions of this letter, the Agency reserves the rightto This letter is not to be considered as loan/grant approval or as representation to the availability of funds. The application can be processed on the basis of a USDA Rural Development loan not to exceed $405,000.00 and grant not to exceed $50,000.00. Fundsf for Please complete and return the attached Form RD 1942-46, "Letter of Intent to Meet Conditions," and Form RD 1940-1, "Request for Obligationc ofF Funds,"withint ther next ten (10) days, if you desire that we give further consideration to your application. The execution of these and all other documents required by USDA Rural Development must be authorized by The loan and grant will be considered approved on the date Form RD 1940-1, "Request for Obligation of Funds," is mailed by USDA Rural Development. This is also the date that the interest rate is established. If thei interest rate is lower: at the time of loan closing, you must The loan will be repayable over a period not to exceed seven (7) years from the date of loan closing at the market interest rate. Thet first interest installment will be due no later than one withdraw. Agency funding. this project are provided byt the Rural Housing Service (RHS). appropriate resolutions of the applicant's governing! body. make a request in writing to receive the lower rate in effect. fully year from the date of loan closing. USDA is an equal opportunity provider, employer, and lender. City of Dunn- - 2024 Public Utilities Equipment August27,2024 Letter of Conditions Project Budget- - -Based on Standard Form 424, "Application for Federal Assistance," the project cost and funding will be as follows: a. Project Expenses Development Land & Rights Legal Architect Fees Interest Equipment Contingencies Refinancing Other (Described) Resident Inspection Total Source of Funds b. Funds USDA Loan USDA Grant Other Total Costs $1,532.00 $454,281.00 $455,813.00 Total $405,000.00 $50,000.00 $455,813.00 Applicant Contributions $813.00 Any changes int funding sources following obligation of Agencyf funds must be reported toi the processing official. Project feasibility and funding will be reassessed ift there is a significant change in project costs after bids are received. If actual project costs exceed the project cost estimates, an additional The applicant will ensure projects are completed in at timely, efficient, and economical manner. Section lof the attached conditions (Items 1-18) must be satisfied prior to interim loan closing or before construction begins, whichever occurs first, in either case not later than one (1)year fromi the date of this letter. In the event the project has not advanced to the point of construction within one (1) year, USDAI Rural Development reserves the right to discontinue the processing of the application. contribution byt the borrower may be necessary. Ifyoul have any questions, feel free to contact this office. Sincerely, Tobais Fullvood TOBAIS FULLWOOD Area! Specialist CC: CommunityPrograms Director, USDAI Rural Development, 2 City of Dunn 2 2024 Public Utilities Equipment ATTACHMENTTOLETER OF CONDITIONS August 27, 2024 Letter of Conditions SECTION I. CONDITIONS TO BE SATISFIED PRIOR TO LOAN/GRANT CLOSING OR BEFORE 1. Reserves- -The applicant will establish: a separate debt service reserve account in an amount at least equal to an average annual loani installment. This reserve will be accumulated: at the rate of at least one-tenth of the average annual installment each year until the required level is reached, which is one average annual loan installment. The reserve account balance must be reported annually to the State Office and included in the audit as a separate and identifiable line item as For any fiscaly year endi inv whicht the debt service reserve account balancei is less thant the required account total; the applicant will provide the Agency with a twelve month budget and plan to CONSTRUCTION BEGINS, WHICHEVER OCCURS FIRST restricted. correct the cash shortfall. 2. Disbursement of Funds a. The applicant will provide evidence that funds from other sources will be made available for the project cost in the amount of $813.00. This evidence should include a copy of the b. The applicant's contribution of funds toward the project cost shall be considered the first funds expended and must be deposited ini its project account before construction is started. C. Agency funds will not be used to pre-finance funds committed to the project from other d. The Debt Collection Improvement Act (DCIA) of 1996 requires that all Federal payments be made by Electronic Funds ransfer/Automated Clearing House (EFT/ACH). Borrowers receiving payments by EFT will have funds directly deposited to a specified account at a financial institution with funds being available to the recipient on the date of payment. The borrower should complete Form SF-3881, Electronic Funds Transfer Payment Enrollment Form, for each account where funds will be electronically received. The completed form(s) must be received by Rural Development at least forty-five (45) days prior to thet first advance loan/grant award that addresses howfunds will be disbursed. Please provide Rural Development evidencing pplcantscontributon. sources. of funds. Failure to do SO could delay loan closing. 3. Security Requirements a. At loan closing the applicant will execute the attached Form RD 1942-47, "Loan Resolution (Public Bodies)". Please note the refinancing provision inj paragraph 2. Also, on page 3there b. The applicant will be required to execute and complete Form RD 3570-03, "Agreement for Administrative Requirements for Community Facilities Grants" and "Notice of Federal C. A L UCC Financing Statement lien search will be conducted by the Agency to identify lien priority position. Form UCC-1, "Financing Statement," with Form UCC-1Ad, "UCC Financing Statement Addendum," as appropriate, or other action as allowed by State statute, will be isacertification: tol be executed at loan closing. Interest" at thet time of grant closing. 3 City of Dunn - 2024 Public Utilities Equipment August 27, 2024 Letter of Conditions prepared by USDA Rural Development and filed with the NC Secretary of State and a copy recorded with the Harnett County Recorder (if applicable) to perfect a security interest in A$38.00filingf fee (fee subject to change based on current NC: Secretary of Statet fee schedule) payable to the Secretary of State must be provided to the Agency at least 90 days priort to d. An Installment Purchase Contract will be secured by the United States of America, acting through thel Rural Housing Service beingr named as the registered lienholder ont the Certificate collateral to encumber thet following: loan closing. of Title for the vehicles being financed. e. Thea applicantisrequired' to execute Form RD 440-15, SecurtyAgreement, ifrequiredb by OGC. 4. Insurance and Bonding Requirements- -The applicant must provide evidence of adequate insurance and fidelity bond coverage by loan closing or start of construction, whichever occurs first. Adequate coverage, in accordance with USDAF Rural Devetopmentsrgulaton, must then be maintained for the life of the loan and evidence must be submitted to Rural Development annually. Evidence that coverage is being maintained must be provided annually thereafter. It is the responsibility of the applicant and not that of USDA Rural Development to assure that adequate insurance and fidelity bond coverage is maintained. Applicants are encouraged to review coverage amounts and deductible provisions with their attorney, consulting engineer, a. Property Insurance--Fire and extended coverage will be required on all above-ground structures, including applicant-owned equipment and machinery housed therein. Provide USDA Rural Development with proof of coverage and attach Lender's Loss Payable Endorsement (438 BFU or equivalent) naming the UNITED STATES OF AMERICA as lender. b. Corporate Liability Insurance- -The Applicant will provide public liability, and property damage insurance in an amount to adequately protect the applicant from civil action arising from the Workers' Compensation Insurance-The applicant will be required to carry workers' compensation insurance for all employees in accordance with the State law. Provide USDA d. General liability and vehicular coverage must be maintained-Provide USDA Rural e. Fidelity Bond--Persons who have access to the funds and custody to any property will be covered by at fidelity bond or an adequate crime policy that protects the applicant from an employee crime. Coverage may be provided either for all individual positions or persons, or through "blanket" coverage providing protection for all appropriate employees and/or officials. The amount of coverage required by USDA Rural Development will be sufficient to cover the total annual debt and reserve service requirements for the loan. The United States of America will be named as co-obligee on the bond. A certified power-of-attorney with effective date will be attached to each bond. Provide USDAI Rural Development withac copy of and/orinsurance provider(s). function of the applicant relative to the project. Rural Development with proof of coverage. Development with proof of coverage. the bond and the power of attorney. City of Dunn- - 2024 Public Utilities Equipment August27,2024 Letter of Conditions 5. Civil Rights & Equal Opportunity- The borrower/grantee has received an award of Federal funding and is required to comply with U.S. statutory and public policy requirements, including a. Section 504 of the Rehabilitation Act of 1973 - Under Section 504 oft the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), no handicapped individual in the United States shall, solely by reason of their handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Agency financial assistance. The Standard for compliance is the Architectural Barriers Act Accessibility b. Civil Rights Act of 1964 - AlL recipients are subject to, and facilities must be operated in accordance with, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and 7CFR 1901, Subpart E, particularly as it relates to conducting and reporting of compliance reviews. Instruments of conveyance for loans and/or grants subject to the Act must contain the The Americans with Disabilities Act (ADA) of 1990 - This Act (42 U.S.C. 12101 et seq.) prohibits discrimination on the basis of disability in employment, State and local government services, public transportation, public accommodations, facilities, and elecommunications. d. Age Discrimination Act of 1975- -1 This Act (42U U.S.C. 6101 et seq.) provides that no person in the United States shall on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal Limited English Proficiency (LEP) under Executive Order 13166 LEP statutes and authorities prohibit exclusion from participation in, denial of benefits of, and discrimination under Federally-assisted. and/or conducted programs ont the ground of race, color, or national origin. Title VI of the Civil Rights Act of 1964 covers program access for LEP persons. LEP persons are individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English. These individuals may be entitled tol language assistance, free of charge. The recipient must take reasonable steps to ensure that LEP persons receive the language assistance necessary to have meaningful access to USDA programs, services, and information the recipient provides. These protections are pursuant to Executive Order 13166 entitled, Improving Access to Services by Persons with Limited English Proficiency" and further affirmed int the USDAI Departmental Regulation 4330- 005, "Prohibition Against National Origin Discrimination Affecting Persons with Limited but not limited to: Standards (ABAAS). covenant required by Paragraph 1901.202(e). of this Title. financial assistance. English Proficiency in Programs and Activities Conducted by USDA." Agency financial programs must be extended without regard to race, color, religion, sex, national origin, marital status, age, or physical or mental handicap. The recipient must display posters (provided by the Agency) informing users of these requirements, and the compliance with these requirements during regular compliance reviews. Agency will monitor the recipient's As a recipient of Rural Development funding, you are required to post a copy of the Non- Discrimination Statement listed below in your office and in include in full, on all materials 5 City of Dunn - 2024 Public Utilities Equipment August27,2024 Letter of Conditions print. produced for public information, public education, and public distribution both print and non- Non-Discrimination. Statement "This institution is an equal opportunity provider and employer." Ifyouwisht toi file a Civil Rights program complaint of discrimination, complete the USDAI Program Discrimination: Complaint Form, found online at nttps://www.ocio.usda.gov/document/ad-3027, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of thei information requested in thet form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400Independence. Avenue, S.W., Stop 9410, Washington, D.C.: 20250-9410, byf fax (202) Ift ther material is too small to permit thei full statement tol be included, the material at ar minimum includes the statement in print size no smaller than the text that "This institution is an equal 690-7442 or email at ogam.nao@usdago. opportunity provider and employer." 6. Written Agreements for Professional Services a. The legal service agreement submitted by Pope Law Group, PAI is satisfactory to USDA Rural Development. 7. System Policies, Procedures, Contracts, and Agreements Thei facility must be operated ona sound business plan which involves adopting policies, procedures, and/or ordinances outlining a. Conflict of Interest Policy - Prior to obligation of funds, your must certify in writing that your organization has in place up-to-date written standards of conduct covering conflict of interest. The standards ofc conductmustinclude disciplinaryactions: int the evento ofaviolation by officers, employees, or agents of the borrower. The standards identified herein apply to any parent, affiliate or subsidiary organization of the borrower that is not a state or local government, or Indian Tribe. Policies and accompanying documents shall be furnished to You must also submit a disclosure of planned or potential transactions related to the use of Federal funds that may constitute or present the appearance of personal or organizational conflict ofi interest. Disclosure must be int thet form of a written letter signed and dated byt the applicant's official. A negative disclosure in the same format is required if no conflicts are Sample conflict of interest policies may be found at the National Council of Nonprofits website, ntips,/wow.counclomonprontsorytoorytooleresources/conflict-ol-interest, or in Internal Revenue Service Form 1023, Appendix A, "Sample Conflict of Interest Policy," at tp/mppAESOVpuDlts-pat1023.pdt. Though these examples reference non-profit the conditions of service and use of the proposed system. Rural Development upon request. anticipated. corporations, the requirement applies to all types of Agency borrowers. 6 City of Dunn - 2024 Public Utilities Equipment August 27, 2024 Letter of Conditions Assistance in developing a conflict of interest policy is available through Agency-contracted 8. Electronic Funds Transfer- -AlL loan funds will be transferred to borrowers via Electronic Funds Transter/Automated Clearinghouse Systems (EFT/ACH). Normal transfers will be ACH, with money being placed in Borrower's account two business days after the USDA processing office approves the pay request. The applicant must submit the Electronic Funds Transfer Form containing the banking (ACH) information to the USDA Servicing Office at least 90 days prior to 9.A Automatic Payments The applicant is required to participate in the Pre-Authorized Debit (PAD) payment process for all newa and existing indebtedness to USDAF Rural Development. Itwill allow for the applicant's payment to be electronically debited from its account on the date their payment is due. Form RD 3550-28, "Authorization Agreement for Pre-Authorized Payments,"is attached. Please fill out and signyour" indwiduavCompany Information" section, then! havey your financial institution/bank fill out the bottom portion priortosubmitingthet form tot the USDAI Rural 10. Loan Closing -The permanent loan will be closed in accordance with USDA Rural Development instructions, the legal requirements of the USDA Office of General Counsel, and this Letter of Conditions. All applicable closing documents, including bond documents, must be submittedi to USDAI Rural Development at least 90 days prior tot they planned closing date. Priort to loan closing, arequest for reimbursement must bes submittedi tol USDAI with allt the supportingi invoices. 11. Operating Budget- Prior to loan closing, USDA Rural Development must review the applicant's approved operating budget. The budget must balance and include the proposed USDA debt service and reserve obligations. Eachyear the USDAI loani is outstanding, the applicant will adopt an annual budget which provides for the annual debt service and reserve payments. 12. System for Award Management Registration and Unique Entity ID You as the recipient must maintain the currency of your information in the System for Award Management (SAM) until you submit the final financial report required under this award and all grant funds under this award have been disbursed or de-obligated, whichever is later. This requires that your review and update thei information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. Recipients can register on-line at ntps/www.sam.go, You as the recipient may not make a sub-award to an entity unless the 13. Suspension and Debarment Screening - You will be asked to provide information on the principals of your organization. Agency staff must conduct screening for suspension and debarment of the entity, as well as its principals through the Do Not Pay Portal. technical assistance providers if desired. the date of loan closing. Failure to do SO could delay loan closing. Development service office. entity has provided its Unique Entityl ID1 from SAM.govtoyou. a. Principal - i. An officer, director, owner, partner, principal investigator, or other person within a participant with management or supervisory responsibilities related to a ii. Aconsultant or other person, whether or not employed by the participant or paid covered transaction; or witht federal funds, who- 1. Isin a position to handle federal funds; 2. Isin a position to influence or control the use of those funds; or, 7 City of Dunn- -2024 Public Utilities Equipment August: 27,2024 Letter of Conditions Occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction. (2 CFR 14. Litigation. Youa are required to notify the Agency within 30 days of receiving notification of being involved in any type of litigation prior to loan closing or start of construction, whichever occurs first. Additional documentation regarding the situation and litigation may be requested by the $180.995) Agency. SECTIONII. LOAN CONDITIONS TO BE: SATISFIED AFTER PROJECTCOMPLETION 1. nancalstatements-To be submitted on an annual basis in accordance withi thet following: a. Borrowers and grantees that meet the Federal awards expended threshold established in 2 CFR 200, Subpart F, "Audit Requirements" (expends $750,000 or more in federal financial assistance per fiscal year) shall submit an_audit performed in accordance with the AA2CI2ASCS E. Audits shall be: submitted to USDA Rural Development b. AlLI borrowers exempt from USDA audit requirements and who do not otherwise have annual audits, will within 60 days following the end of the borrower's fiscal year furnish USDA with annual financial statements, consisting of a verification of the organization's balance sheet and statement of income and expenses. The recipient may use Form RD 442-2, "Statement of Budget, Income and Equity," and 442-3, "Balance Sheet," or similar format to provide the C. An annual audit may be submitted in lieu of annual financial statements for any borrower or 2. Audit agreement-If you are required to obtain the services of a licensed Certified Public Accountant (CPA), you must enter into a written audit agreement with the auditor. The audit agreement mayi include terms and conditions thaty you and auditor deem appropriate. 3. Limitations of Additional Debt- Your will not borrow any money from anys source ore enter into any contract or agreement or incur any other liabilities in connection with making extensions or improvements to the Facility, exclusive of normal maintenance, without obtaining the prior 4. Compliance Reviews-Rural Development will be required to periodically conduct a compliance review of this facility and operation. Compliance reviews will be completed during the first year of operations and every three years thereafter. You will need to provide the local The Agencywil.conduct: tregular compliance reviews of the! borrower and its operation in accordancewith 7 CFR Part 1901, Subpart E, and 36 CFR 1191, Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities; Architectural Barriers Act (ABA) Accessibility Guidelines. Compliance reviews will typically be conducted in conjunction with the security inspections described int this letter. If beneficiaries (users) are required to complete an application or screening for the use of the facility or service that the recipient provides, the recipient must request and collect data by race (American Indian or Alaska Native, Asian, Blackor African American, White); ethnicity(Hispanic: corLatino, in accordance with 2 CFR: 200, Subpart F. financial information. grantee that has an audit prepared ati its own discretion and expense. written consent of the Agency. office the statistical information as requested. 8 City of Dunn - 2024 Public Utilities Equipment August 27, 2024 Letter of Conditions review. Not Hispanic or Latino); and bys sex. The Agency will utilize this data as part of the required compliance 5. Continuation of Financing Statement- At the time of renewal (every 5y years) the borrower must provide a $38.00 (or applicable filing fee) check payable to the Secretary of State (fee subject to change based on current Secretary of State fee schedule) for the continuation of the Financing 6. Security Inspections--Rural Development is required to conduct an inspection of the facility a minimum of once every three years. The recipient must participate in these inspections and 7. Graduation- You may be required to refinance (graduate) the unpaid balance of the RDI loan, in whole ori in part, ifa at anyt time RD determinesyour entity is ablet to obtaina al loanf for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time, the recipient will ber requested to refinance. The ability to refinance will be assessed every other year fort those loans that are fivey years old or older. 8. Prepayment and Extra Payments - Prepayments of scheduled installments, or any portion thereof, may be made at: anytime at the option of borrower, with no penalty. Security instruments, including bonding documents, must contain the following language regarding extra payments, unless prohibited by State statute: Prepayments of scheduled nstallments, or any portion thereof, may be made at any time at the option of borrower. Refunds, extra payments and loan proceeds obtained from outside sources for the purpose of paying down the, Agencydebt, shall, after payment ofi interest, be applied tot the installments last to become due under this note and shall not affect the obligation of borrowert to Statement until the loan is paid int full. provide the required information. payt the remaining installments as scheduled in your security instruments. 9. Financial Covenants a) Beginning in the First Full Year of 2025, a debt service coverage ratio (DSCR) of a least 1.10 will be maintained with debt service toi include the loan payments plus all required reserves. If the DSCR drops below 1.10 for any audited year, or quarterly financial report, then an independent management consultant shall be engaged at the expense of the Applicant to prepare af fiscal strategy reportt that documents how the debt service requirement will be met. This must bey provided to the Agency no later than 90 days after any quarter iny whicht the DSCR Debt service coverage is defined as net income plus depreciation and amortization expenses plus interest expense on structured debt divided by the sum of all structured drops below 1.10. debt payments including required reserve payments still due. 9 Position3 3 UNITEDSTATES DEPARTMENTOF AGRICULTURE RURAL DEVELOPMENT Form RD 1942-46 (Rev.6-10) FORM APPROVED OMBI NO. 0575-0015 OMBI NO. 0570-0062 LETTER OFI INTENTTO MEET CONDITIONS Date 08-27-2024 TO: United States Department of Agriculture USDA Rural Development (Name OfUSDA Agency) 2736 NC Highway 210 Smithfield, NC 27577 (USDA Agency Office Address) We have reviewed and understand the conditions set forthi in your letter dated 08-27-2024 Itis our intent to meet all of them not later than 08-27-2025 City of Dunn BY (Name of4 Association) William Elmore, Jr - Mayor (Title) According to the Paperwork Reduction. Acto f1995, and agency may not conduct ors sponsor, anda persons is not required to1 respond toac collection ofi information unless i displays a validOMB control mumber. The valid OMB control mumber for this information collection is 0575-00154 and 0570-0062. The time required to complete this information collection is estimated toa average lhour per response, including the time for reviewing instructions, searching datas sources, existing gathering and maintaining the data. needed, and completing andi reviewing the collection ofi information. Form RD 1942-46 (Rev. 6-10) Position. 5 LOAN RESOLUTION (Public Bodies) USDA Form RD 1942-47 (Rev. 12-97) FORM APPROVED OMB NO.0575-0015 AI RESOLUTION OF THE City Council OFTHE City of Dunn AUTHORIZING, ANDI PROVIDING FOR THEI INCURRENCE OFI INDEBTEDNESS FOR THEI PURPOSE OFI PROVIDING APORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDINGITS 2024 Public Utilities Equipment WHEREAS, iti is necessary for the FACILITYTOSERVE AN AREA LAWFULLY WITHINITS. URISDICTONTOSERVE City of Dunn (Public Body) (herein after called Association) to raise aj portion of the cost ofs such undertaking byi issuance of its bonds int the principal amount of 405,000.00 pursuant to the provisions of NC General Statutes 160 and WHEREAS, the Association intends to obtain assistance from the Rural Housing Service, Rural Business Cooperative Service, Rural Utilities Service, or their successor. Agencies with the United States Department of Agriculture, (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in the planning, financing, and supervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such 1. Tol have prepared on its behalfand to adopt an ordinance or resolution for the issuance of its bonds containing suchi items andi ins such forms as are required by State statutes and as are agreeable and acceptable to the Government. 2. To refinance the unpaid balance, in whole or inj part, ofi its bonds upon the request of the Government ifat any time its shall appear to the Government that the Association is able to refinance its bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c) ofs said Consolidated Farm and Rural Development Act(71 U. S.C. 1983( (c)). 3. Toj provide for, execute, and comply with Form RD 400-4," "Assurance Agreement," and Form RD 400-1, "Equal Opportunity Agreement," including an' "Equal Opportunity Clause," which clause is to bei incorporated in, or attached as a rider to, each 4. Toi indemnify the Government for any payments made or losses suffered by the Government on behalfoft the Association. Suchi indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal permissible 5. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any covenant or agreement contained herein ori int the instruments incident to making or insuring the loan, the Government at its option may (a) declare the entire principal amount then outstanding and accruedi interest immediately due and payable, (b) for the: account of the Association (payable from the source off funds pledged toj pay the bonds or any other legally permissible source), incur andj pay reasonable expenses for repair, maintenance, and operation oft the facility ands such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession ofthe facility, repair, maintain, and operate or rent it. Default under the provisions oft this resolution or any instrument incident tot the making ori insuring oft the loan may be construed by the Government to constitute default under any other instrument held by the Government and executed or assumed by the Association, and default Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, or permit others to 7. Not to defease the bonds, or tol borrow money, enteri into any contract or agreement, or otherwise incur any liabilities for any purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the 8. To place the proceeds oft the! bonds on deposit in an account andi in ar manner approved by the Government. Funds may, be deposited. in institutions insured by the State orl Federal Government or invested in readily marketable securities backed by the full faith and credit of the United States. Any income from these accounts will be considered as revenues of the system. 9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in 10. Toj provide for the receipt of adequate revenues tor meet the requirements of debt service, operation and maintenance, and the establishment of adequate reserves. Revenue accumulated over and above that needed toj pay operating andi maintenance, debt service and reserves may. only be retained or used to make prepayments on the loan. Revenue cannot be usedt toJ pay any. expenses which: are not directly incurred for the facility financed by the Government. No free service or use ofthe facility will According lo the Papenvork Reduction Acrof 1995, nop persons are requiredi to respond toad collection ofi information unless it displays a validOMB control mumber, Thes validoMB control number fori this information collection 1s0575-0015. The time required 1o complete this information collection is estimated 0G average lhour per response, reviewing instructions, searching existinge datas sources, gathering andn maimaining thec datar needed, ande completing andr reviewing thec collection ofi information. including bonds is found by the Association: NOW THEREFORE in consideration oft the premises the Association hereby resolves: construction contract and subcontract involving in excess of$ 10,000. source. under any such instrument may be construed by the Government to constitute default hereunder. dos sO without the prior written consent of the Government. Government ifs such undertaking would involve the source of funds pledged to pay the bonds. good condition. be permitted. ther time for 11. Toacquire and maintain suchi insurance and fidelity bond coverage as may be required by the Government. 12. To establish and maintain such books and reçords relating to the operation oft the facility and its financial affairs and to provide for required audit thereof as required by the Government, to provide the Government a copy of each such audit without its request, and to forward to the Government such additional information and reports as it may from time tot time 13.0 Toj provide the Government at all reasonable times access to all books and records relating to the facility and access to the property oft the system so that the Government may ascertain that the Association is complying with the provisions hereof 14. Thati ifthe Government requires that a reserve account be established and maintained, disbursements from that account may be used when necessary for payments due on the bond ifsufficient funds are not otherwise available. With the (a) Paying the cost of repairing or replacing any damage tot the facility caused by catastrophe. require. and of thei instruments incident to the making or insuring of the loan. written approval of the Government, funds may be withdrawn for: (b) Repairing or replacing short-lived assets. (c) Making extensions ori improvements to the facility. reached the required funded level. prior Any time funds are disbursed from the reserve: account, additional deposits will be required until ther reserve account has 15. Toj provide adequate service to all persons within the service area who can feasibly and legally. be served and to obtain the Government's concurrence prior to refusing new or adequate services tos such persons. Upon failure to provide services which are feasible and legal, such person shall have: a direct right of action against the Association or public body. 16. To comply with the measures identified int the Government's environmental impact analysis for this facility for the purpose ofavoiding or reducing the adverse environmental impacts of the facility's construction or operation. 17. Toaccept a grant in an: amount not to exceed $ 50,000 under the terms offered by the Government; that the Mayor and Town Clerk of the Association are hereby authorized and empowered to take all action necessary ora appropriate in the execution of all written instruments as may be required ini regard to or as evidence of such grant; and The provisions hereof and the provisions of all instruments incident to the making or the insuring oft the loan, unless otherwise specifically provided by the terms ofs such instrument, shall be binding upon the Association as long ast the bonds arel held or insured by the Government or assignee. The provisions of sections 61 through 171 hereofmay be provided fori in more: specific detail in the bond resolution or ordinance; tot the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed to operate the facility under the terms offered in said grant agreement(s). as controlling between the Association and the Government or assignee The vote was: Yeas Nays Absent INWITNESS WHEREOF, the City Council ofthe 2024 City of Dunn has duly adopted this resolution and caused it tol be executed by the officers below in duplicate on this 27th day of August (SEAL) Attest: By William Elmore, Jr Title Mayor Melissa Matti, Interim City Clerk Title CERTIFICATION TO BE EXECUTED ATI LOAN CLOSING Ithe undersigned, as hereby certify that the held on the oft the City of Dunn ofsuch Association is composed of members, of whom constituting a quorum, were present at a meeting thereof duly called and ;and that the foregoing resolution was adopted at such meeting the date of closing oft the loan from the Government, said resolution day of by the vote shown above. It further certify that as of remains in effect and has not been rescinded or amended in any way. Dated, this day of Title Form RD: 3570-3 (Rev. 06-22) UNITEDSTATES DEPARTMENT OF AGRICULTURE COMMUNITY FACILITIES GRANT AGREEMENT FORM APPROVED OMBI No. 0575-0173 Exp. Date: 2/28/2025 RURALI DEVELOPMENT Grantee and Agency This Grant Agreement (Agreement) dated 8/27/2024 isa contract for receipt of grant funds under the Community Facility Grant program (7 C.F.R. part 3570, subpart B). These requirements do not supersede the applicable requirements for receipt of Federal funds stated in 2C.F.R. Part 200, "UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS", which are incorporated by reference into this Agreement. Further, 7C.F.R. part 3570, subpart B, and all relevant regulatory requirements apply to applicants and are also incorporated by This Agreement for the Project and Amount described below (the "Project Description"): and for the Community Facilities grant, CFDA Number 10.766, is between the Grantee, a public body, nonprofit corporation or Indian tribe (you), and the United States of America acting through the Rural Housing reference into this Agreement. Service (RHS or Agency). I. 1.Grantee Name & Address Dunn, City of PO Box 1065 Dunn, NC 28335- GENERAL AWARD INFORMATION 2.Unique Entity ID. MLLCTPVM8A39 3.Case) No. 38-043-*****1214 8/27/2024 8/27/2029 $813.00 11% 4.Federal Award Identification Number(FAIN) 5.A Award Date 10.766 6.P Performance Start Date 8/27/2024 Action, $50,000.00 and Total Amount of! Federal Funds Obligated $455,000.00 10.7 Total Project Cost (Budget Approved Amount) 455,813.00 7.Performance Endl Date 8. Amount of Federal Funds Obligated for this 9.Amount of Matching/Other Funds (ifa applicable) 11.Award as Percentage of" Total Project Cost 12.C Grantee Contact (Name, Title, Contact Info) 13.A Agency Contact (Name, Title, Contact Info) 14. Description of Real Property covered by the 15.1 Description of Equipment covered by the grant Steven Neuschafer, City Manager Tobais Fullwood. Area Specialist grant All equipment purchased by USDA Rural Development funds Aederala agency may nore conductors sponsor, andaperson is not requindi lon respondio. nors shallapersonb bes subjecrn voapenaly) for failuren toc compl withacollectione ofinformations subjectrothe requirements 0575-0200. Public ofthe reporting Paperwork fori ReductionA thise collectiono Acrm unless ofinformationi thato collectiono isestimatedi ofinformatione 1o be approximately diplapsacuremb hour peri validoMB response, Controll inchuding Number the tine The for OMB reviewing Controll instructions, Nimber ford searchinge thisi informationo existing collectioni datas sources. 0575-0173and gaihering. andmaintaining informationi the datan needed. completing. andreviering thec collectione ofinformation Allresponses lothis collectione of informatione are voluntary. However inonlerloc obtaino orretainabeneft in this formisn requiredby 7CFR3 3570-B. Community) Faciliries Grant! Program, ands Section 10020 ofthe American Rescue Plana Act Rurall Development) has noy plans topublishi information the collectedumder Information Collection thep provisions Clearance ofihisy Oficer, program. Rurall Sendcomments, Development Imnovation regarding this Center, burdeme Regularions estimales oranyo Management other aspecto Divisiona ofthis atl CRMRemcudusge collectione ofinformation including suggestions) for reducing thish burdento: Form RD: 3570-3 The Agency has agreed to give the Grantee the Grant Funds, subject to the terms and conditions established by the Agency. Provided, however, that any Grant Funds actually advanced and not needed for grant purposes shall be returned immediately to the Agency. The. Agency may terminate the grant in whole, or in part, at any time before the date of completion, whenever it is determined that the Grantee has failed to comply with the conditions oft this Agreement or the applicable regulation. II. RESPONSIBILITIES A. Grantee. The Grantee shall cause said project to be completed within the total sums available to it, including Grant Funds, in accordance with any architectural or engineering reports, and any necessary modifications, prepared by Grantee and approved by the Agency as required by 7C.F.R. part 3570. The Grantee will remain in compliance with all applicable laws, regulations, Executive Orders, and other generally applicable requirements for the duration oft the Agreement including 7 C.F.R. part 3570, subpart B and 20 C.F.R. parts 200, 400, 415,416,4 417,418, 421, and 422. The most commonly-referenced provisions are identified below. 1. Financial and Program Management. You must follow the financial and performance management requirements in 2 C.F.R. $2 200.300-.309. a. Financial Management. You must maintain a financial management system b. Internal Controls. You must maintain internal controls in compliance with 2 C. Payments. You must comply with the payment requirements described in 2 C.F.R. $2 200.305. Payment must be requested by using the SF-270, "Request for Advance or Reimbursement" or SF-271, "Request for Reimbursement for Construction Programs" (as applicable). Receipts, hourly wage rate, personnel payroll records, or other documentation must be provided upon request from RHS ifthe request is for an advance; otherwise, the documentation must be provided at the time of the request. Requests for payment must be sent to the Agency contact listed in Section I.14. d. Revisions of the Work Plan and Budget. You must complete all elements oft the Work Plan in Attachment A in accordance with that Attachment and must use project funds only for the purposes and activities specified in Attachment A - Approved Work Plan and Budget. You must further complete the outcomes shown for each Work Plan items within the time and scope constraints shown in Attachment A. You must report any changes and request prior approvals in accordance with 2 C.F.R. $2 200.308. Period of Performance. You may only incur costs chargeable to the award Bonding. You must maintain your fidelity bond coverage in the amount of inc compliance with 2 C.F.R. $2 200.302. C.F.R. $200.303. ina accordance with 2C.F.R. $2 200.309. $0.00 for the Period of Performance oft the award. (See 2 C.F.R.S 200.304) 2 Form RD3570-3 Program Income. You must comply with the requirements of2C.F.R. $200.307. Additionally, if program income is earned during the period of performance, you may use it in accordance with 2 C.F.R. $2 200.307(e)(2), provided that you inform us in writing of your intent prior to the award date. However, ifyou earn program income in excess of what can be used under2 C.F.R. S 200.307(e)(2) or ifyou earn unanticipated program income, you must comply with 2 C.F.R. $2 200.307(e)(1). Costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the award. 2. Procurement and Property Standards. You must follow the procurement 3. Performance and Financial Monitoring and Reporting. You must follow the requirements in 2C.F.R. Part 170, including Appendix A, and 2C.F.R. $ 200.327- .329, and submit reports as outlined below. Unless otherwise directed ini the addendum to this Agreement, the reports are due as indicated below. a. Form SF-425, "Financial Status Report." Reports are due 30 calendar days after the reporting period ends. A final report is due within 120 days after the Performance End Date specified in Section I.8. ofthis Agreement or at the completion of your project, whichever date is sooner. Your reporting periods standards requirements in 2C.F.R. $ 200.310-.326. are below (mark one): Annually: January 1-1 December. 31 Annually: July 1-J June 30 Semi-Annually: January 1-. June 30 and July 1- December 31 Semi-Annually: April 1 - September 30 and October 1-1 March 31 Quarterly: January 1- March 31, April 1 - June 30, July 1- September 30, October 1-I December 31 b. Performance Reports. SF-PPR, "Performance Progress Report" is due 30 calendar days after the reporting period ends. A final report is due within 120 days after the Performance End Date specified in Section I.8. ofthis Agreement or at the completion ofy your project, whichever date is sooner. Your reporting periods are below (mark one): Annually: January 1- December 31 Annually: July 1-. June 30 Semi-Annually: January 1-J June 30 and July 1-) December 31 Semi-Annually: April 1 - September 30 and October 1-) March 31 Quarterly: January 1- March 31, April 1 - June 30,July 1- September 30, October 1-1 December 31 The performance narrative on the Performance Project Report shall include, but is not limited to, the following: 3 Form RD3570-3 1. Describe the activities that the funds reflected in the financial ii. A comparison of actual accomplishments to the objectives iii. Reasons why established objectives were not met, ifapplicable; iv. Problems, delays, or adverse conditions which will affect attainment of overall project objectives, prevent meeting time schedules or objectives, or preclude the attainment of project work elements during established time periods. This disclosure shall be accompanied by a statement of the action taken or V. Objectives and timetables established for the next reporting The final report (due 120 calendar days after the period of performance end status report were used for; established for that period; planned to resolve the situation; period; date) will also address the following: . What have been the most challenging or unexpected aspects of ii. What advice, best practices, and actions would you recommend to other organizations planning a similar program that would increase the success oft their program? Please include strengths and limitations of the program. Ifyoul had the opportunity, what this program? would you have done differently? 4. Operations. The Grantee will manage, operate and maintain the facility, including this project ifl less than the whole ofs said facility, continuously in an efficient and economical manner in accordance with 7C.F.R. $3 3570.61(e). 5. Funding. The Grantee will not use grant funds to replace any financial support previously provided or assured from any other source. The Grantee agrees that the Grantee's s level of expenditure for the Project shall be maintained and not reduced asar result of Grant Funds in accordance with 7C.F.R. $ 3570.66. 6. Default. Upon any default under its representations or agreements contained in this instrument, 2 C.F.R. Part 200, or 70 C.F.R. Part 3570, Grantee, at the option and demand oft the Agency, will immediately repay to the Agency the Grant Funds with any legally permitted interest from the date of the default. Default by the Grantee will constitute termination of the grant thereby causing cancellation of Federal assistance under the grant. The provisions ofthis Agreement may be enforced by the Agency, at its option and without regard to prior waivers of previous defaults by Grantee, by. judicial proceedings to require specific performance ofthe terms oft this Agreement or by such other proceedings in law or equity, in either Federal or State courts, as may be deemed necessary by the Agency to assure compliance with the provisions ofthis Agreement and the laws and regulations under which this grant is made. 4 Form RD3570-3 7. Real Property. Use the real property including land, improvements, structures, and appurtenances thereto, for authorized purposes oft the grant as long as needed andi in accordance with 2 C.F.R. $2 200.311;2C.F.R. $ 200.312;7C.F.R. $15.4(a)(2) and 70 C.F.R. $ 3570.92. In accordance with Title VI ofthe Civil Rights Act of1964, deeds for real property must comply with the requirements a. Title to real property shall vest in the Grantee subject to the condition that the Grantee shall use the real property for the authorized purpose oft the original b. The Grantee shall obtain the Agency's approval to use the real property in other projects when the Grantee determines that the property is no longer needed for the original grant purposes. Use in other projects shall be limited to those under other Federal grant programs or programs that have purposes consistent with When the real property is no longer needed, as provided inj paragraphs (a) and (b) above, the Grantee shall request disposition instructions from the Agency. The. Agency will observe the following rules in the disposition instructions: . The Grantee may be permitted to retain title after it compensates the Federal government in an amount computed by applying the Federal percentage of participation in the cost oft the original Project to the ii. The Grantee may be directed to sell the property under guidelines provided by the Agency and pay the Federal government an amount computed by applying the Federal percentage of participation in the cost of the original Project to the proceeds from sale (after deducting actual and reasonable selling and fix-up expenses, ifany, from the sales proceeds). When the Grantee is authorized or required to sell the property, proper sales procedures shall be established that provide for competition to the extent practical and result in the iii. The Grantee may be directed to transfer title to the property to the Federal government provided that in such cases the Grantee shall be entitled to compensation computed by applying the Grantee's percentage of participation in the cost oft the program or Project to the current fair market value of the property; for the Reverter and Habendum clauses. grant as long as needed. those authorized for support by the Agency. fair market value ofthe property; highest possible return; 8. Equipment. Abide by the following conditions pertaining to equipment which is furnished by the Agency or acquired wholly or inj part with Grant Funds. Equipment is defined at 2C.F.R. $ 200.33 and is tangible, non-expendable personal property having a useful life ofn more than one year and an acquisition cost of $5,000 or more per unit. 5 Form RD3570-3 a. Use of equipment. The Grantee shall use the equipment in the Project for which it was acquired as long as needed. When no longer needed for the original project, the Grantee shall use the equipment in connection with its other federally sponsored activities, ifany, in the following order of priority: i. Activities sponsored by the. Agency. ii. Activities sponsored by other Federal agencies. b. Use of equipment. During the time that equipment is held for use on the project for which it was acquired, the Grantee shall make it available for use on other projects ifsuch other use will not interfere with the work on the project for which the property was originally acquired. First preference for: such other use shall be given to the Agency sponsored projects. Second preference will be given to other federally sponsored projects. Disposition of equipment. When the Grantee no longer needs the property as provided inj paragraph 1 (a) and (b) above, the equipment may be sold or used for other activities in accordance with 2C.F.R. S 200.313 and 7C.F.R. $15.4(a)(3): Equipment with a current fair market value ofl less than $5,000. The Grantee may use the property for other activities without reimbursement to the Federal government or sell the property and retain the proceeds. ii. Equipment with a current fair market value of $5,000 or more. The Grantee may retain the property for other uses provided that compensation is made to the Agency. The amount of compensation shall be computed by applying the percentage of Federal participation ini the cost oft the original Project to the current fair market value ofthe property. Ifthe Grantee has no need for the equipment and the equipment has further use value, the Grantee shall request disposition instructions from the Agency. iii. The Agency shall determine whether the equipment can be used to meet RHS or its successor agency's requirements. Ifno such requirements exist, the availability oft the property shall be reported, ina accordance with the guidelines oft the Federal Property Management Regulations (FPMR), to the General Services Administration by the. Agency to determine whether a requirement for the equipment exists in other Federal agencies. They shall issue instructions to the Grantee no later than 120 days after the Grantee's request and the following procedures shall govern: 6 Form RD3570-3 Ifsoi instructed or if disposition instructions are not issued within 120 calendar days after the Grantee's request, the Grantee shall sell the equipment and reimburse the Agency an amount computed by applying to the sales proceeds the percentage of Federal participation in the cost oft the original project or program. However, the Grantee shall be permitted to deduct and retain from the Federal share 10 percent oft the proceeds or $500, whichever is less, for the Grantee's selling Ifthe Grantee is instructed to ship the property elsewhere, the Grantee shall be reimbursed by the benefiting Federal agency with an amount which is computed by applying the percentage ofthe Grantee participation in the cost oft the original grant Project or program to the current fair market value oft the equipment plus any reasonable shipping or interim storage Ifthe Grantee is instructed to otherwise dispose oft the equipment, the Grantee shall be reimbursed by the Agency for such costs incurred in its disposition. and handling expenses. costs incurred. d. The Grantee's property management standards for equipment shall be in accordance with 2 CFR $ 200.313 and shall include: Property records which accurately provide for: a description ofthe equipment; manufacturer's serial number or other identification number; acquisition date and cost; source oft the equipment; percentage (at the end of budget year) of Federal participation in the cost oft the Project for which the equipment was acquired; location, use, and condition oft the equipment and the date the information was reported; and ultimate disposition data including sales price, or the method used to determine current fair market value ifthe Grantee reimburses the Agency for its ii. Aj physical inventory of equipment shall be taken, and the results reconciled with the equipment records at least once every two years to verify the existence, current utilization, and continued need for the equipment. iii. Acontrol system shall be in effect to ensure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft of equipment shall be investigated and fully documented. iv. Adequate maintenance procedures shall be implemented to keep the V. Proper sales procedures shall be established for unneeded equipment which would provide for competition to the extent practicable and result in the share. equipment in good condition. highest possible return; 7 Form RD3570-3 9. Earned Interest. Grantee agree to account forand to return to. Agency interest earned on grant funds pending their disbursement for program purposes when the Grantee is a unit of local government. States and agencies or an instrumentality ofa State shall not be held accountable for interest earned on Grant Funds pending their disbursement. 10.1 Record Retention and Access. You must retain records related to this work performed under this Agreement and allow access to them in accordance with 2C.F.R. $200.333-337. 11.Closeout. You must comply with the closeout requirements in 2C.F.R. $200.344. 12. Post-Closeout Adjustments and Continuing Responsibilities. You must continue to comply with the requirements in 2C.F.R. $ 200.345 even after the 13. Cost Principles. You must comply with the provisions in 2C.F.R. Part 200, Period of Performance for this Agreement has ended. Subpart E. 14. Audits. You must comply with the provisions in 2 C.F.R. Part 200, Subpart F. 15. Civil Rights Compliance. Unless otherwise provided in the addendum, you must comply with Executive Order 12898, Executive Order 13166- Limited English Proficient, the Americans with Disabilities Act of1 1990, Title VI ofthe Civil Rights Act of 1964, and Section 504 oft the Rehabilitation Act of1973 as applicable. You must make the public facility or services available to all persons in the Grantee's service area without discrimination as to race, color, religion, sex, national origin, age, marital status or physical or mental disability at reasonable rates, including assessments, taxes, or fees. You may make modifications as long as they are reasonable and nondiscriminatory. Your compliance shall include collection and maintenance of data on race, sex, and national origin of your membership, ownership, and employees. This data must be available to us for Civil Rights Compliance Reviews. You must submit to a post-award compliance review conducted after the final disbursement of grant 16. Execute Agreements. The Grantee will execute any agreements required by the Agency which the Grantee is legally authorized to execute. Ifany such agreement has been executed by the Grantee as a result ofa loan being made to the Grantee by the Agency contemporancousiy with the making ofthis grant, that agreement applies equally to the grant and another identical agreement funds has occurred. need not be executed in connection with this grant. Form RD3570-3 17. Universal Identifier and Central Contractor Registration. The Grantee must have a Unique Entity ID number in order to apply for, receive, and report on a Federal award. Additionally, the Grantee must comply with the additional requirements set forth in Attachment C regarding the Unique Entity ID Requirements and the Central Contractor Registry (CCR) Requirements found at2CFR Part 25, including Appendix A. For the purposes ofthis Agreement, "you" in Attachment B: shall mean' "Grantee" as defined hereunder; 18. Federal Funding Accountability and Transparency Act. The Grantee is responsible for complying with all requirements oft the Federal award. Forall Federal awards, this includes the provisions ofthe Federal Funding Accountability and Transparency Act (FFATA), which includes requirements on executive compensation, and also requirements implementing the Act for the Grantee at 2 CFR Part 25 Financial Assistance Use ofUniversal Identifier and Central Contractor Registration and 2 CFR Part 1701 Reporting Subaward and Executive Compensation Information. See also statutory requirements for whistleblower protections at 101 U.S.C.2 2409, 41 U.S.C. 4712, 101 U.S.C.2324, 41 U.S.C. 4304 and 4310. See also 2 C.F.R. $ 200.11-200.113. 19. Not encumber, transfer or dispose oft the property or any part thereof, furnished by the Agency or acquired wholly or in part with Agency funds without the written consent of the Agency except as provided inj paragraph 8 (c). 20. Not duplicate other Project purposes for which monies have been received, are committed, or are applied to from other sources (public or private). B. Rural Housing Service (RHS). RHS has agreed to give the Grantee the grant funds, subject to the terms and conditions established by RHS. Provided, however, that any grant funds actually advance and not needed for grant purposes shall be returned immediately to RHS. RHS may terminate the grant in whole, or inj part, at any time before the date of completion, whenever it is determined that the Grantee has failed to comply with the conditions ofthis Agreement or the applicable regulation. RHS shall remain in compliance with all applicable laws, regulations, Executive Orders, and other generally applicable requirements for the duration oft the Agreement. The most commonly-relerenced provisions are 1. Payments. We will advance or reimburse funds up to the Award Amount identified in Section I.9 upon the Grantee's proper request according to Section 2. Monitoring and Enforcement. We will monitor the project to ensure that you are in compliance with the terms oft the award. Ifwe find that you are not in identified below. II.A.1.c. 9 Form RD3570-3 compliance, we will enforce the terms ofthis Agreement using the provisions of a. Will assist Grantee, within available appropriations, with such technical assistance as. Agency deems appropriate in planning the Project and coordinating the plan with local official comprehensive plans for essential community facilities and with any State or area plans for the area in which b. Atit its sole discretion and at any time may give any consent, deferment, subordination, release, satisfaction, or termination ofany or all of Grantee's grant obligations, with or without valuable consideration, upon such terms and conditions as Agency may determine to be (1)a advisable to further the purpose of the grant or to protect Agency's financial interest therein and (2) consistent with both the statutory purposes ofthe grant and the limitations of 2CFR.200.338-342. the project is located. the statutory authority under which it is made. 3. Termination ofThis Agreement. This Agreement may be terminated for cause int the event of default on the part oft the Grantee or for convenience oft the Agency and Grantee prior to the date of completion of the grant purpose. Termination for convenience will occur when both the Grantee and Agency agree that the continuation oft the Project will not produce beneficial results commensurate with the further expenditure of funds. Inall cases termination and notification will be ina accordance with 2 C.F.R. $ 200.339: and 200.340. C. Both Parties. The Grantee and RHS agree to the following: 1. Invalid Clauses. The invalidity ofany one or more phrases, clauses, sentences, paragraphs, or provisions oft this Agreement shall not affect the remaining 2. Conflict between this Agreement and Other Applicable Regulations or Laws. Ifthere is a conflict between this Agreement and the applicable Program Regulation, the applicable Program Regulation shall prevail. Ift there isa conflict between this Agreement and another law or regulation, RHS shall seek 3. Dates. When the date fixed for the performance of an act under this Agreement is on a weekend or Federal holiday, then the performance by the close of business on the next Federal work day shall have the same force and effect as if portions of the Agreement. al legal opinion to determine which provision applies. made performed or exercised on the specified date. 10 Form RD3570-3 The signatories below certify that they have authority to enter into this Agreement. Approved by an Authorized Representative oft the Grantee: William Elmore, Jr. Name (Please Print) Mayor Title (Please Print) Signature 8/27/2024 Date Approved by the United States of America, Rural Housing Service by: Tobais Fullwood Name (Please Print) Area Specialist Title (Please Print) Signature 8/27/2024 Date 11 Form RD3570-3 Attachment A Approved Work Plan and Budget (The work plan must have time, scope, and outcome entries for each task.) 12 Form RD3570-3 ATTACHMENTB I. Reporting Executive Compensation. A. Reporting Total Compensation of] Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if: a. the total Federal funding authorized to date under this award is $25,000 or more; b. int the preceding fiscal year, you received 80 percent or more ofy your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2CFR 170.320 (and subawards); Thej public does not have access to information about the compensation oft the executives through periodic reports filed under section 13(a) or 15(d) oft the Securities Exchange Act of1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 oft the Internal Revenue Code of 1986. (To determine ifthe public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at tpAnnsegoanwerverecomphtm) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. oft this award term: a. As part of your registration profile at http/www.cr.goy. b. By the end of the month following the month in which this award is made, and annually thereafter. B. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided inj paragraph d. ofthis award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each oft the subrecipient's five most highly compensated executives a. in the subrecipient's preceding fiscal year, the subrecipient received- for the subrecipient's preceding completed fiscal year, if 80 percent or more ofi its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2C.F.R. $ 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and b. The public does not have access to information about the compensation ofthe executives through periodic reports filed under section 13(a) or 15(d) oft the Securities Exchange Act tof1934( (15U.S.C. 78m(a), 78o(d)) or section 6104 oft the Internal Revenue Code of 1986. (To determine ift the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at p-hnnweegowanswerséxccomp.hm, 13 Form RD3570-3 2. Where and when to report. You must report subrecipient executive total compensation b. By the end oft the month following the month during which you make the subaward. For example, ifa subaward is obligated on any date during the month ofOctober ofa given year (i.e.; between October I and 31), you must report any required compensation information oft the subrecipient by November 30 ofthat year. - Exemptions. If, in the previous tax year, you had gross income, from all sources, under described inj paragraph c.1. ofthis award term: a. To the recipient. $300,000, you are exempt from the requirements to report: 1. Subawards, and 2. Thet total compensation of the five most highly compensated executives ofany subrecipient. D. Definitions. For purposes oft this award term: 1. Entity means all ofthe following, as defined in 2 CFR part 25: C. Adomestic or foreign nonprofit organization; d. Adomestic or foreign for-profit organization; a. AC Governmental organization, which is a State, local government, or Indian tribe; b. A foreign public entity; A AFederal agency, but only as a subrecipient under an award or subaward to a 2. Executive means officers, managing partners, or any other employees in management a. This term means a legal instrument to provide support for the performance ofa any portion oft the substantive project or program for which you received this award and that b. The term does not include your procurement of property and services needed to carry As subaward may be provided through any legal agreement, including an agreement that n non-Federal entity. positions. 3. Subaward: you as the recipient award to an eligible subrecipient. out the project or program. you ora a subrecipient considers a contract. 4.3 Subrecipient means an entity that: a. Receives a subaward from you (the recipient) under this award; and b. Isaccountable to you for the use ofthe Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for b. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement ofl Financial Accounting Standards No. 123 (Revised Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. d. Change in pension value. This is the change inj present value of defined benefit and Above-market earnings on deferred compensation which is not tax-qualified. - Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalfofthe employee, perquisites or property) for the executive exceeds $10,000. more information see 17 CFR.229.4020)2): a. Salary and bonus. 2004)(FAS 123R), Shared Based Payments. actuarial pension plans. 14 Form RD3570-3 ATTACHMENTC . System for Award Management and Universal Identifier Requirements A. Requirement for Registration with the General Services Administration's System for Award Management. Unless you are exempted from this requirement under2 CFR: 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently ifi required by changes in your information or another award term. B. Requirement for Unique Entity ID Numbers. The Grantee must have a Unique Entity ID number in order to apply for, receive, and report on a Federal award. The DUNS Number is no longer valid for federal award identification. On April 4, 2022, the Unique Entity ID from SAM.gov is now the authoritative identifier for those doing business with the federal government. .D Definitions. For purposes oft this award term: 1. System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently 2. The Unique Entity ID: from SAM.gov is now the authoritative identifier for those doing business with the federal government. The Unique Entity ID is generated in SAM.gov. If you are registered in SAM.gov (active or not), you already have a Unique Entity ID. Itis viewable at SAM.gov. Ifyou are new to SAM.gov and will be registering for the first time, 3. Entity, as it is used in this award term, means all oft the following, as defined at 2 CFR part a. A Governmental organization, which is a State, local government, or Indian Tribe; atl tp:/www.sam.goy. you will get your Unique Entity ID (SAM) during registration. 25, subpart C: b. A foreign public entity; C. Adomestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. AF Federal agency, but only as a subrecipient under an award or subaward to a non- a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and b. The term does not include your procurement of property and services needed to carry C. As subaward may be provided through any legal agreement, including an agreement that Federal entity. 4. Subaward: that you as the recipient award to an eligible subrecipient. out the project or program. you consider a contract. 15 USDA Form RD 1940-1 (Rev. 06-10) 1.CASE NUMBER ST CO BORROWERI ID 38-043-*****1214 2.BORROWER NAME City of Dunn Po Box 1065 Dunn 6.F RACE/ETHNIC CLASSIFICATION 3-AWAN 6 1-MALE 2-FEMALE 6-PUBLICE BODY 14. DIRECT PAYMENT (SeeF FMI) 2 17. COMMUNITY SIZE 1-10000 ESS (FOR SFHAND 2- OVER 10,000 ONLY) 19. TYPE OF ASSISTANCE 075 (SeeFMI) 23. TYPE OF SUBMISSION 1-INITIAL 2-SUBSEQUENT 2 26. AMOUNT OF IMMEDIATE. ADVANCE 30. PROFIT TYPE 2-LIMITEDPROFIT 1-FULL PROFIT 3-NONPROFIT COMPLETE FORI EM LOANS ONLY 31.DISASTERI DESIGNATION NUMBER (SeeFMI) FINANCE OFFICE USE ONLY 33. OBLIGATION DATE MO DA YR REQUEST FOR OBLIGATION OF FUNDS FORM APPROVED OMB No. 0570-0062 INSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED( Complete Items 11 through 29 and applicable Items 301 through 34. See FMI. LOAN NUMBER 3.NUMBERI NAME FIELDS (1,2.or3 1 from liem2) 4.STATE NAME North Carolina 5.COUNTY NAME Harnett 8.COLLATERAL CODE 9.E EMPLOYEE SECURED ONLY 2-REALE ESTATE 6-CROPSO ONLY EMPLOYEE -MEMBEROFF FAMILY BONDS 3-CLOSE RELATIVE CHATTEL ONLY 8-RLFACCT 12.VETERAN CODE 13. CREDIT REPORT YES YES 2-NO 16. FEE INSPECTION 2 2-NO 18. USE OF FUNDS CODE (SeeF FMI) 21. SOURCE OF FUNDS FISCAL YEAR 2024 GENERAL BORROWERILOANI INFORMATION 7.TYPE OF APPLICANT PARTNERSHIP INDVDUAL COLLEGEUNVERSITY ANDCHATTEL 7-SECUREDBY -ASSOC. OF 11-OTHER FARMERS OWNED MARRIED -UNMARREDONCLUDES SEPARATED WIDOWEDDIVORCED) 2-NO 15.1 TYPE OF PAYMENT 2-ANNUALLY -MONTHLY 3-SEMI -ANNUALLY 2 QUARTERLY OFFARMERS SECULAR 1-REALE ESTATE 4-MACHINERY ONLY RELATIONSHIP CODE BLACK -WHITE 4-HISPANIC PUBLICB CORPORATION BODY INDIANT TRIBE 10. SEX CODE 3-FAMILYUNIT OWNED 11.MARITAL STATUS 5-API COMPLETE FOR OBLIGATION OF FUNDS 20. PURPOSE CODE 8 22. TYPE OF ACTION -OBLIGATIONONLY OBLI IGATIONCHECK: REQUEST 3-CORRECTIONOF OBUIGATION 24. AMOUNT OF LOAN 405,000.00 27. DATE OF APPROVAL MO DAY YR 25. AMOUNT OF GRANT 28. INTEREST RATE 29. REPAYMENT TERMS 4% 7 COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULTIPLE-FAMILYI HOUSING LOANS COMPLETE FOR CREDIT SALE-ASSUMPTION. ASSUMPTIONG COMPLETE FORI FPI LOANS ONLY 32.TYPE OF SALE ASSUMPTIONV WITH LOAN SUBSEQUENT! LOAN 1-CREDITS SALEONLY -CREDIT SALE WITH 34. BEGINNING FARMERIRANCHER (SeeFMI) Ithe decisionc conkaineda abovei ina this/ fonun resulis indenial, reductione ore cancellation ofUSDA assistance. you mays appeall thisa decisiona andhavea ahcaring or) your may requestarevier inl ORIGINAL: Borrower's Case Folder COPY1-Finance Office COPr2-Applcanvlender COPY3- State Office Please use the/ ormy wek havei incheledfort thisy purpose OMBO controln mmber fori thisi informatione collectioni iso liene ofahearing Position2 According lo the Papenrork Reduction Actofl 1995, and agency may nore conductors sponsor, andapersoni isnol ematan searching existinge datas soures. gatheringa andm maintaining thes datan needed. andcompleting anin reviewing thec collectione ofinformation unlessi displaysa validOMRC control mumber Thev valid Then time requiredioe complete thisi information collectioni ise average 15m mintes perresponse. inchding the time instnictions. forrevicvingi CERTIFICATION APPROVAL For All Farmers Programs EM,OL, FO, and SW Loans This loan is approved subject to the availability of funds. Ifthis loan does not close for any reason within 90 days from the date of approval on this document, the approval official will request updated eligibility information. The undersigned loan applicant agrees that the approval official willl have 14 working days to review any updated information prior to: submitting this document for obligation of funds. Ifthere have been significant changes that may affect eligibility, a decision as to eligibility and feasibility willl be made within 30 days from the time the applicant provides the necessary information. Ifthis is al loan approval for which al lien and/or titles search is necessary, the undersigned applicant agrees thatt the 15-working-day loan closing requirement may be exceeded for the purposes oft the: applicant's legal representative Loan and Grant approval subject to meeting all requirements of the processing checklist, Letter of Conditions, Office of General Counsel Loan Closing Instructions and the attached Community Facilities Grant Agreement conditions. 36. IHEREBY CERTIFY that Iam unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in or near my community for loans fors similar purposes and periods of time. Iagree to use thes sum specified herein, subject to andi in accordance with regulations applicable to the type of assistance indicated above, and request payment ofs such sum. lagree to report to USDA any material adverse changes, financial or otherwise, that occur prior to loan closing. I certify that noj part oft thes sum specified herein has been received. I have reviewed the loan approval requirements and comments associated witht this loan (For FPI loans ate eligible terms only) Ifthisl loan is approved, Ielect the interest rate tol be charged on my loan to bet the lower ofthe interest rate ine effect att the time ofl loan approval orl loan closing. IfI check' "NO", the interest rate charged on my completing title work and completing loan closing. 35. COMMENTS ANDI REQUIREMENTS OF CERTIFYING OFFICIAL request and agree to comply with these provisions. loan willl be the rate specified in Item 28 oft this form. YES NO WARNING: Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious orf fraudulent statement ore entry, shall be fined under this title or imprisoned not more than five years, or both." Date August 27 20. 24 20. William Elmore, Jr. - Mayor (Signature of Applicant) (Signature ofo Co-Applicant) Date. 37.: IHEREBY CERTIFY that all oft the committee and administrative determinations and certifications required by regulations prerequisite to providing assistance of the typei indicated above have been made and that evidence thereof is in the docket, and that all requirements of pertinent regulations have been complied with. hereby approve the above-described: assistance in the amount set forth above, and by this document, subject to the availability of funds, the Government agrees to advance such amount to the applicant for the purpose of and subject to the availability prescribed by regulations applicable to this type of assistance. (Signature of Approving Official) Typed or Printed Name: Reginald Speight Date Approved: Title: Area Director 38. TOTHE. APPLICANT: As of this date this is notice thaty your application for financial assistance from the USDA has been approved, asi indicated above, subject to the availability of funds and other conditions required by the USDA. Ifyou have any questions contact the appropriate USDA Servicing Office. "The grantee understands the requirements for receipt of funds under the Community Facilities Grant Program. The grantee assures and certifies that it is inc compliance with all applicable laws, regulations, Executive Orders, and other applicable requirements, including those set forth in Form RD 3570-3, 7 CFR parts 3015, 3016, or 3019 as subsequently modified, and the letter of conditions. The following conditions may apply if CFG funds were used to purchase "The grantee understands that any property acquired or improved with Federal grant funds may have use and disposition conditions which apply to the property as provided by 7 CFR parts 3015, 3016, or 3019 in effect at this time and as may "The grantee understands that any sale or transfer of property is subject to the interest of the United States Government in the market value in proportion to its participation in the project as provided by 7 CFR parts 3015, 3016, or 3019 in equipment or obtain or improve real property: be subsequently modified." effect at this time and as may be subsequently modified." Hwordimportant DocumentsAtachment to 1940-1 (Grant Request). doc USDA Form RD 1940-1 (Rev. 06-10) 1.CASE NUMBER ST CO BORROWERID 38-043-*:-1214 2.BORROWERI NAME City of Dunn Po Box 1065 Dunn 6.F RACE/ETHNIC CLASSIFICATION 3-AIAN 6 1-MALE 2-FEMALE -PUBLICE ORGANF BODY OWNED 14. DIRECT PAYMENT 2 (SeeF FMI) 17, COMMUNITY SIZE 1-100000 ORLESS (FOR SFHAND 2-OVER1 10,000 HPGONLY) 19.TYPE OF ASSISTANCE 075 (SeeFMI) 23. TYPE OF SUBMISSION 2-SUBSEQUENT 2 26. AMOUNT OF IMMEDIATE. ADVANCE 30. PROFIT TYPE LIMITEDPROFIT 1-FULLF PROFIT 3-NONPROFIT COMPLETE FOR EMI LOANS ONLY 31.D DISASTER DESIGNATION NUMBER (SeeFMI) FINANCE OFFICE USE ONLY 33. OBLIGATIONDATE MO DA YR REQUEST FOR OBLIGATION OF FUNDS FORM APPROVED OMB No. 0570-0062 INSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED( Complete Items 11 through 29 and applicable Items 30 through 34. See FMI. LOANI NUMBER 3.NUMBER NAME FIELDS (1,2,or3 from liem2) 4.STATE NAME North Carolina 5.COUNTY NAME Harnett 8.COLLATERAL CODE -REALE ESTATE 4-MACHINERY ONLY RELATIONSHIP SECURED 5-LIVESTOCK ONLY 2-REALE ESTATE 6-CROPSONLY ANDCHATTEL 7-SECUREDBY BONDS ONLY RLFACCT 12. VETERAN CODE 16. FEE INSPECTION 2-NO 1-YES 2 18. USE OF FUNDS CODE (SeeFMI) 21. SOURCE OF FUNDS FISCAL YEAR 2024 GENERAL BORROWERILOAN INFORMATION 7.TYPE OF APPLICANT NONPROFIT ORG. OFF FARMERS SECULAR ARTNERSHIP NONPROFIT FAITHBASED 10-PUBLIC -ASSOC. OF 11-OTHER FARMERS 15.7 TYPE OF PAYMENT 2-ANNUALLY 3-SEMI-A -QUARTERLY ANNUALLY 2 9. EMPLOYEE CODE EMPLOYEE OFF MEMBERO FAMILY -CLOSEF RELATIVE 4-ASSOC. 13. CREDIT REPORT 2 2-NO -YES WHITE BLACK 4-HISPANIC -CORPORATION PUBLICE BODY -INDIANT TRIBE 10. SEX CODE 3-FAMILYUNIT ORGAN. MALEOWNED 11. MARITAL: STATUS 5-API -MARRIED SEPARATED 3-UNMARRIED WDOWEDDIVORCED) (INCLUDES 1-YES 2-NO COMPLETE FOR OBLIGATION OF FUNDS 20. PURPOSE CODE 8 22. TYPE OF ACTION ONLY REQUEST CORRECTIONOF 24.A AMOUNT OF LOAN 405,000.00 27.DATEOF APPROVAL MO DAY YR 25. AMOUNT OF GRANT 28. INTEREST RATE 29. REPAYMENT TERMS 4% 7 COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULTIPLE-FAMILYI HOUSING LOANS COMPLETE FOR CREDIT SALE-ASSUMPTION JMPTIONONLY 1-CREDITS SALEONLY 3-CREDITS SALE WITHS SUBSEQUENTI LOAN SUBSEQUENT LOAN COMPLETE FOR FPI LOANS ONLY 32. TYPE OF SALE ASSUMPTIONWITH 34. BEGINNING FARMERIRANCHER (See FMI) lfthed decisionc containede above inthis fommr resultsi ina denial, reactiomorcamelatione fUSDAa assistance. youn maya appeali thise decisiona andh havea hearingo oryour in may requestarevicw lieuefahearing Pleases Ise the formy we havei inchdedfor thisp purpose. Position2 ORIGINAL: Borrower's Case Folder COPY1- Finance Office COPY2-Aplicanulender COPY3-S State Office According lo the Papenvork! Reductiona Actofl 1995, and agency may nor condcta or sponsor, anday personis 5 norr requiredi to responda toacollectiona ofinformations unlessit displaysan validOMBc control mmmber Thes valid OMBO controln mumber fori thisi collectioni is 0570-0062. Then timer required loc compleie thisi infonnation collectionise ctimatediaverage) 15 nintes perresponse,. inchulings thes time forreviewing instructions. searchinge existing datas sources, gathering andn maintaining the datan needed. ande completing andreviowing thee collectione ofinformation CERTIFICATION APPROVAL For All Farmers Programs EM, OL, FO, and SWI Loans This loan is approved subject tot the availability of funds. Ifthis loan does not close for any reason within 90 days from the date ofa approval on this document, the approval official will request updated eligibility information. The undersigned loan applicant agrees that the approval official willl have 14 working days to review any updated information prior to submitting this document for obligation of funds. Ifthere have been significant changes that may affect eligibility, a decision as to eligibility and feasibility will be made within 30 days from the time the applicant provides the necessary information. Ifthis isa al loan approval for which a lien and/or title search is necessary, the undersigned applicant agrees that the 15-working-day loan closing requirement may be exceeded fort the purposes of the applicant's legal representative Loan and Grant approval subject to meeting all requirements of the processing checklist, Letter of Conditions, Office of General Counsel Loan Closing Instructions and the attached community Facilities Grant Agreement conditions. 36. IHEREBY CERTIFY that Iam unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates andt terms, taking into consideration prevailing private and cooperative rates and terms in or near my community for loans fors similar purposes and periods of time. Iagree to use the sum specified herein, subject to and in: accordance with regulations applicable to the type of assistance indicated above, and request payment ofsuch sum. agree to reportt to USDA any material adverse changes, financial or otherwise, that occur prior to loan closing. Icertify that noj part of the sum specified herein has been received. Ihave reviewed the loan approval requirements and comments associated with this loan (For FPI loans ate eligible terms only)I Ift this loani is approved, Ielect the interest rate to be charged on my loant to be the lowerc oft the interest rate ine effect at the time ofl loan approval or loan closing. IfI check' "NO", the interest rate charged on my completing title work and completing loan closing. 35. COMMENTS ANDI REQUIREMENTS OF CERTIFYING OFFICIAL request and agree to comply with these provisions. loan willb be the rate specified in Item 28 oft this form. YES NO WARNING: Whoever, in: any matter within thej jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title ori imprisoned not more than five years, or both." Date August 27 20 24 20. William Elmore, Jr. - Mayor (Signature of Applicant) (Signature ofCo-Applicant) Date 37. IHEREBY CERTIFY that all oft the committee and administrative determinations and certifications required by regulations prerequisite to providing assistance oft thet typei indicated above have been made and that evidence thereofi is int the docket, and that all requirements of pertinent regulations havel been complied with. I hereby approve the above-described: assistance int the amount set forth above, and by this document, subject to the availability of funds, the Government agrees to advance such amount to the applicant fort the purpose of and subject to the availability prescribed by regulations applicable tot this type of assistance. (Signature of Approving Official) Typed or Printed Name: Reginald Speight Date Approved: Title: Area Director 38. TOTHE. APPLICANT: As ofthis date this is notice that your application for financial assistance from the USDA has been approved, as indicated above, subject to the availability of funds and other conditions required by the USDA. Ify youl have any questions contact the appropriate USDA Servicing Office. "The grantee understands the requirements for receipt of funds under the Community Facilities Grant Program. The grantee assures and certifies that itis inc compliance with all applicable laws, regulations, Executive Orders, and other applicable requirements, including those set forth in Form RD 3570-3, 7 CFR parts 3015, 3016, or 3019 as subsequently modified, and the letter of conditions. The following conditions may apply if CFG funds were used to purchase "The grantee understands that any property acquired or improved with Federal grant funds may have use and disposition conditions which apply to the property as provided by 7 CFR parts 3015, 3016, or 3019 in effect at this time and as may "The grantee understands that any sale or transfer of property is subject to the interest of the United States Government in the market value in proportion to its participation in the project as provided by 7 CFR parts 3015, 3016, or 3019 in equipment or obtain or improve real property: be subsequently modified." effect at this time and as may be subsequently modified." Hwordimportant Documents/Al-achment to 1940-1 (Grant Request). .doc USDA Form RD 1940-1 (Rev. 06-10) 1.CASE NUMBER ST CO BORROWERID 38-043-*****1214 2.BORROWER NAME City of Dunn Po Box 1065 Dunn 6. RACE/ETHNIC CLASSIFICATION -BLACK -WHITE 3-AIAN 5-API MALE 2-FEMALE 6-PUBLIC BODY 14. DIRECTI PAYMENT (See FMI) 17. COMMUNITY SIZE 1-1 000 (FOR SFHAND 2-OVER 10,000 19.1 TYPE OF ASSISTANCE 303 (SeeFMI) 23.1 TYPE OF SUBMISSION 1-INITIAL 2-SUBSEQUENT 2 26. AMOUNT OF IMMEDIATE ADVANCE 30. PROFIT TYPE 2-LIMITEDPROFT 1-FULLF PROFIT 3-NONPROFIT COMPLETE FOR EM LOANS ONLY 31. DISASTER DESIGNATION NUMBER (SeeFM) FINANCE OFFICE USE ONLY 33. OBLIGATION DATE MO DA YR REQUEST FOR OBLIGATION OF FUNDS FORM APPROVED OMBI No. 0570-0062 INSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED( ) Complete Items 11 through 29 and applicable Items 30 through 34. See FMI. LOANI NUMBER 3.NUMBERI NAME FIELDS (1.2.0 or3 3from liem2) 4.STATE NAME North Carolina 5.COUNTYI NAME Harnett 8.COLLATERAL CODE SECURED -UVESTOCK ONLY 2-REALE ESTATE 6- CROPSONLY CHATTELONLY 8-RLFACCT 12.VETERAN CODE (INCLUDES 1-YES 16. FEE INSPECTION 2-NO -YES 2 18. USE OF FUNDS CODE (SeeF FMI) 21. SOURCE OF FUNDS FISCAL YEAR 2024 GENERAL BORROWER/LOAN INFORMATION 7.TYPE OF APPLICANT INDVIDUAL OFF SECULAR CORPORATION BODY INDIANT TRIBE FARMERS 11-OTHER FEMALE OWNED MARRIED 15. TYPE OF PAYMENT 2-ANNUALLY 1-MONTHLY QUARTERLY 9.E EMPLOYEE -EMPLOYEE 2-MEMBEROF! -CLOSE RELATIVE FAMILY 4-ASSOC. 13. CREDIT REPORT -YES 2-NO 1-REALE ESTATE MACHINERY ONLY RELATIONSHIP CODE ASSOC. OF 10-PUBLICO COLLEGEUNVERSITY ANDCHATTEL 7-SECUREDBY 10. SEX CODE 3-FAMILYU UNIT MALES OWNED 11.MARITAL STATUS 2-SEPARATED WIDOWEDDIVORCED) 2-NO COMPLETE FOR OBLIGATION OF FUNDS 20. PURPOSE CODE 8 22. TYPE OF ACTION OBLIGATIONONIY CORRECTIONOF REQUEST 24. AMOUNT OF LOAN 27.DATE OF APPROVAL MO DAY YR 25.AMOUNT OF GRANT 50,000 0% 28. INTEREST RATE 29. REPAYMENT TERMS COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULTIPLE-FAMILYI HOUSING LOANS COMPLETE FOR CREDIT SALE-ASSUMPTION 1-CREDIT SALEC ONLY 3-CREDIT SALEWITHS SUBSEQUENT LOAN SUBSEQUENTI LOAN COMPLETE FOR FPI LOANS ONLY 32.TYPE OF SALE ONLY ASSUMPTIONWITH 34. BEGINNING FARMERIRANCHER (See FMI) Ifihe decisiond abovei inn this fommn results ind kenial, reductionora cancellationo of USDA you maya appeall thisa decisiona andhavea ahearing or) Joun may requestarior in Please use the/ form wel havea inchledforn this purpose. liene ofahearing Position2 ORIGINAL Borrower's Case Folder COPY1-Finance Office COPY2-Applcanvlender COPY3-S State Office According to the Papenrork Reduction. Acrofl 1995. ana agency may nor ors sponsor, andapersoni not required oreponlugellectione efinformations unlessi displaysar validOMB controln mmber OMBO controln mmber fori thisi information collectioni S 0570-0062. Thes time requiredi loc complete thisi information collectioni isestimatedioa average 15minies perresponse. inchufing ther time forreviewing instnictions. Thex valid scarching existinge datas sources. gatheringa andm maintaining shed datam eeded, ande completing ann reviewing thec collectione efinformation CERTIFICATION APPROVAL For AIl Farmers Programs EM,OL, FO, and SW Loans This loan is approved subject to the availability oft funds. Ifthis loan does not close for: any reason within 90 days from the date of approval on this document, the approval official will request updated eligibility information. The undersigned loan applicant agrees that the approval official willl have 14 working days to review any updated information prior to: submitting this document for obligation of funds. Ifthere have been significant changes that may affect eligibility, a decision as to eligibility and feasibility willl be made within 30 days from the time the applicant provides the necessary information. Ifthis is al loan approval for which al lien and/or titles search is necessary, the undersigned applicant agrees thatt the 15-working-day loan closing requirement may be exceeded for the purposes oft the applicant's legal representative Loan and Grant approval subject to meeting all requirements of the processing checklist, Letter of Conditions, Office of General Counsel Loan Closing Instructions and the attached Community Facilities Grant Agreement conditions. 36. THEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in or near my community for loans for similar purposes and periods oftime. I agree to use the sum specified herein, subject to andi in: accordance with regulations applicable to the type of assistance indicated above, and request payment of such sum. I agree to report to USDA any material adverse changes, financial or otherwise, that occur prior tol loan closing. Icertify that noj part oft the sum specified herein has been received. Ihave reviewed the loan approval requirements and comments associated with this loan (For FPI loans ate eligible terms only) Ifthis loan is approved, elect the interest rate tol be charged on my loan tol be the lower oft the interest rate ine effect att the time ofl loan approval or loan closing. IfI check "NO", the interest rate charged on my completing title work and completing loan closing. 35. COMMENTS ANDI REQUIREMENTS OF CEKTFYINGOFFICIAL request and agree to comply with these provisions. loan willl be the rate specifiedi in Item 28 oft this form. YES NO WARNING: Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title or imprisoned not more than five years, or both." Date August 27 20 24 20. William Elmore, Jr., Mayor (Signature of Applicant) (Signature afCo-Applicant) Date. 37. IHEREBY CERTIFY that all oft the committee and administrative determinations and certifications required by regulations prerequisite to providing assistance of the type indicated above have been made and that evidence thereof is in the docket, and that all requirements of pertinent regulations have been complied with. hereby approve the above-described. assistance in the amount set forth above, and by this document, subject to the availability off funds, the Government agrees to advance such amount to the applicant for the purpose ofands subject to the availability prescribed by regulations applicable to this type of assistance. (Signature ofA Approving Official) Typed or Printed Name: Reginald Speight Date Approved: Title: State Director 38. TOTHE. APPLICANT: As of this date_ this is notice that your application for financial assistance from the USDA has been approved, as indicated above, subject to the availability of funds and other conditions required by the USDA. Ifyoul have any questions contact the appropriate USDA Servicing Office. "The grantee understands the requirements for receipt of funds under the Community Facilities Grant Program. The grantee assures and certifies that itis in compliance with all applicable laws, regulations, Executive Orders, and other applicable requirements, including those set forth in Form RD 3570-3, 7 CFR parts 3015, 3016, or 3019 as subsequently modified, and the letter of conditions. The following conditions may apply if CFG funds were used to purchase "The grantee understands that any property acquired or improved with Federal grant funds may have use and disposition conditions which apply to the property as provided by 7 CFR parts 3015, 3016, or 3019 in effect at this time and as may "The grantee understands that any sale or transfer of property is subject to the interest of the United States Government in the market value in proportion to its participation in the project as provided by 7 CFR parts 3015, 3016, or 3019 in equipment or obtain or improve real property: be subsequently modified." effect at this time and as may be subsequently modified." Hwordlmportant Documents/Al-achment to 1940-1 (Grant Request). doc USDA Form RD1 1940-1 (Rev. 06-10) 1.CASE NUMBER ST CO BORROWERID 38-043-*::--1214 2.BORROWER NAME City of Dunn Po Box 1065 Dunn 6.F RACE/ETHNIC CLASSIFICATION 3-AUAN 6 2-FEMALE MALE 6-PUBLICE -ORGANF OWNED 14. DIRECT PAYMENT 2 (See FMI) 17, COMMUNITY SIZE 1-10000 LESS (FOR SFHAND 2-OVER 10,000 HPGONLY) 19.1 TYPE OF ASSISTANCE 075 (SeeFM) 23.1 TYPE OF SUBMISSION 1-INITIAL 2 26. AMOUNT OF IMMEDIATE ADVANCE 30. PROFIT TYPE LIMITEDPROFIT 1-FULLP PROFIT 3-NONPROFIT COMPLETE FOR EM LOANS ONLY 31. DISASTER DESIGNATION NUMBER (SeeFM) FINANCE OFFICE USE ONLY 33. OBLIGATION DATE MO DA YR REQUEST FOR OBLIGATION OF FUNDS FORM APPROVED OMB No. 0570-0062 NSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED( ) Complete Items 1 through 29 and applicable Items 30 through 34. See FMI. LOAN NUMBER 3.NUMBER NAME FIELDS (1.2,or3 3from! liem2) 4.STATE NAME North Carolina 5.COUNTY NAME Harnett 8.COLLATERAL CODE ORG. NONPROFIT- OFFARMERS. SECULAR FAITHBASED SECURED ANDCHATTEL ESTATE 6-CROPSONLY 7-SECUREDBY 10-PUBLIC COLLEGENUNVERSITY 11-OTHER CHATTELONLY RLFACCT 12.VETERAN CODE 2-SEPARATED -MARRIED 3-UNMARRIED (INCLUDES 1-YES WIDOWEDDIVORCED) 2-NO 16. FEE INSPECTION 2-NO 1-YES 2 18. USE OF FUNDS CODE (SeeF FMI) 21. SOURCE OF FUNDS FISCAL YEAR 2024 GENERAL BORROWER/LOAN INFORMATION 7.TYPE OF APPLICANT ASSOC. FARMERS 9. EMPLOYEE ONLY 2-MEMBEROFI -EMPLOYEE FAMILY -CLOSEF RELATIVE 4-ASSOC. 13. CREDIT REPORT YES 2-NO -REALE ESTATE MACHINERY ONLY RELATIONSHIP CODE WHITE BLACK 5-API -HISPANIC -PUBLICB BODY 9- INDIANT TRIBE 10. SEX CODE 3-FAMILYUNIT ORGAN. OWNED 11. MARITAL STATUS 15.TYPE OF PAYMENT 2-ANNUALLY -SEMEANNUALIY QUARTERLY 2 COMPLETE FOR OBLIGATION OF FUNDS 20. PURPOSE CODE 8 22. TYPE OF ACTION -OBLIGATIONONLY 3-CORRECTIONOF OBLIGATION REQUEST 24. AMOUNT OFI LOAN $405,000.00 27.DATE OF APPROVAL MO DAY YR 25.AMOUNT OF GRANT 28. INTEREST RATE 29. REPAYMENT TERMS 4% 7 COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULTIPLE-FAMILYI HOUSING LOANS COMPLETE FOR CREDIT SALE-ASSUMPTION ASSUMPTION ONLY 1-CREDITS SALEONLY 3-CREDITS SALE WITH SUBSEQUENTI LOAN SUBSEQUENTI LOAN COMPLETE FORI FPI LOANS ONLY 32.TYPE OF SALE ASSUMPTIONWITH 34. BEGINNING FARMERIRANCHER (See FMI) lfihed decisione comtaineda above inu this formn resulsi ind denial, reductiono ord cancellatione ofUSDAa assislance. youn maya appeal thisa decisiona andhe have ahearinge or) your may inl requestareview licue ofahearing Please Nse the form we havek inchaledfor thisy purpose. Position2 ORIGINAL: Borrower's Case Folder COPY1-Finance Office COPT2-Aplcanulender COPY3-S State Office According lo the Paperwork Reduction Acrof! 1995. and agency may nor conducte or sponsor, andapersoni notr required lorespond loacollectiona ofinformations unlessi displaysas validoMB controln mmber. OMBO controln mumber for thisi information collectioni is 0570-0062. Then time required lo complete thisi information collectionis kesimuedmaverage, 15mimtes perresponse. inchuding then time instructions. Thew valid forreviewingi searchinge existing datas sources gathering andm maintaining thed datan needed. ande completing andn reviewing thec collectione ofinformation CERTIFICATION APPROVAL For AIl Farmers Programs EM,OL, FO, and SWI Loans This loan is approved subject to the availability of funds. Ifthis loan does not close for any reason within 90 days from the date ofa approval on this document, the approval official will request updated eligibility information. The undersigned loan applicant agrees that the approval official willl have 14 working days to review any updated information prior tos submitting this document for obligation of funds. Ifthere have been significant changes that may affect eligibility, a decision ast to eligibility and feasibility willl be made within 30 days from the time the applicant provides ther necessary information. Ifthis is a loan approval for which al lien and/or title search is necessary, the undersigned applicant agrees that the 15-working-day loan closing requirement may be exceeded for the purposes oft the applicant's legal representative Loan and Grant approval subject to meeting all requirements of the processing checklist, Letter of Conditions, Office of General Counsel Loan Closing Instructions and the attached Community Facilities Grant Agreement conditions. 36. IHEREBY CERTIFY that am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in or near my community for loans fors similar purposes and periods oft time. I agree to use the sum specified herein, subject to andi in accordance with regulations applicable to thet type of assistance indicated above, and request payment of such sum.) lagree to report to USDA any material adverse changes, financial or otherwise, that occur prior to loan closing. IC certify that no part of the sum specified herein has been received. Ihave reviewed the loan approval requirements and comments associated with this loan (For FPI loans ate eligible terms only) Ifthis loan is approved, elect the interest rate tol be charged on my loan tol be the lower oft the interest rate ine effecta att the time ofl loan approval or loan closing. IfI check "NO", the interest rate charged on my completing title work and completing loan closing. 35. COMMENTS ANDI REQUIREMENTS OF CERTIFYING OFFICIAL request and agree to comply with these provisions. loans will bet the rate specified in Item 28 oft this form. YES NO WARNING: Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title or imprisoned not more than five years, or both." Date August 27 20 24 20. William Elmore, Jr. - Mayor (Signature of Applicant) (Signature ofCo-Applicant) Date. 37. IHEREBY CERTIFY that all oft the committee and administrative determinations and certifications required by regulations prerequisite toj providing assistance of the typei indicated above have been made and that evidence thereof is in the docket, and that all requirements of pertinent regulations have been complied with.) hereby approve the above-described. assistance in the amount set forth above, and by this document, subject to the availability of funds, the Government agrees to: advance such amount to the applicant for the purpose of and subject to the availability prescribed by regulations applicable to this type of assistance. (Signature of Approving Oficial) Typed or Printed Name: Reginald Speight Date Approved: Title: Area Director 38. TOTHE. APPLICANT: As of this date this is notice that your application for financial assistance from the USDA has been approved, asi indicated above, subject to the availability of funds and other conditions required by the USDA. Ifyoul have any questions contact the appropriate USDA Servicing Office. "The grantee understands the requirements for receipt of funds under the Community Facilities Grant Program. The grantee assures and certifies that it is ino compliance with all applicable laws, regulations, Executive Orders, and other applicable requirements, including those set forth in Form RD 3570-3, 7 CFR parts 3015, 3016, or 3019 as subsequently modified, and the letter of conditions. The following conditions may apply if CFG funds were used to purchase "The grantee understands that any property acquired or improved with Federal grant funds may have use and disposition conditions which apply to the property as provided by 7 CFR parts 3015, 3016, or 3019 in effect at this time and as may "The grantee understands that any sale or transfer of property is subject to the interest of the United States Government in the market value in proportion to its participation in the project as provided by 7 CFR parts 3015, 3016, or 3019 in equipment or obtain or improve real property: be subsequently modified." effect at this time and as may be subsequently modified." Hwordlmportant Documents/Atachment to 1940-1 (Grant Request). doc USDA-RD Form RD4 442-7 (Rev.3-02) Name Dunn, City of ApplicantHscalyear From OPERATING INCOME 1. Total Revenue 2. 3. 4. 5.M Miscellaneous 6. Less: Allowances and Deductions 7.Total Operating Income (AddLines1 1through6) OPERATING EXPENSES 8. Total Expense 9. 10. 11. 12. 13. 14. 15. Interest/RD) 16. Depreciation 17.Total Operating Expense (Addl lines 8 through 16) 18. NET OPERATING INCOME (LOSS) (Line 71 less 17) NONOPERATINGI INCOME Position3 OPERATINGBUDGET Form Approved OMBI No. 0575-0015 Exp Date 12/31/2024 Schedule1 Address POBox 1065 County Harnett 20 20 (2) (3) Dunn, NC: 28335- SatelndudingzPcade, NC28335- 20 24 (4) 13,828,587 To 20 (1) First Full Year (5) 14,000,000 13,828,587 12,042,109 14,000,000 12,663,491 236,358 750,000 13,028,467 800,120 260,552 800,000 13,724,043 275,957 19. 20. 21.Total Nonoperating Income (AddLines 19and20) 22. NETINCOME (LOSS) (AddLines 18and2lransler tolineASchedule2 2) 800,120 275,957 8-27-2024 Date 8-27-2024 Date Budget and Projected Cash Flow Approved by Governing Body Attest:. Melissa Matti, Interim CityC Clerk William Elmore, Jr., Mayor Accordingt totheP Paperwork Reduction/ Actofl 1995, and agencyn mayr notconductors sponser, andapersonisn notr padierpdsaikcin. ofinformationt unless itdisplayso avalidOMBC control number. Thev valitoMBcontrolnumber: fort thisi information colection50575-0015. Thet timer requiredtoc complete thisi information colectionisestimatedr toaverages Shoursp perr response, including the timef forre revewinginstructions, searchingexisting datas sources, gathering andn maintaining thec datar needed, andcomphaingandimviwiy: thec collection ofinformation. Schedule2 First 275,957 800,000 PROJECTED CASHFLOW 20 20 20 20 24 Full Year 800,120 750,000 455,000 A. Line 22 from Schedule 1 Income (Loss) Add B.I Items in Operations not Requiring Cash: 1.D Depreciation (Line 16, Schedule 1) 2.Others: C.Cash Provided from: 1.Proceeds from RDI loan/grant 2.Proceeds from others 3.Increase (Decrease) in Accounts Payable, Accruals ando other Current Liabilities 4. Decrease (Increase) in Accounts Receivable, inventories and Other Current AssetsExdludeCash, 5.Other: 6. D. Total all A, Band CI Items E. Less: Cash Expended for: (Loand ands grant funds) Equipment 3.F Principal Payment RDI Loan 4. Principal Payment Other Loans 5.Other: 6.TotalEithroughs Add F.E Beginning Cash Balances 2,005,120 455,813 1,075,957 1.AlI Construction, Equipment and New Capital Items 2. Replacement and Additions to Existing Property, Plant and 51,278 1,058,121 913.569 1,006,843 1,369,382 5.949.935 5,949,935 6,585,673 5,949,935 6,585,673 6,603,509 G.E Ending Cash Balances (TotalofDminus! E6plusF) Item G Cash Balances Composed of: Construction Account Revenue Account Debt Payment Account O&M Account Reserve Account Funded Depreciation Account Others: Total- Agrees with Item G 1,206,517 1,149,927 1.846.806 2.420.746 2,016,320 263,391 2,633,221 2,750,000 3,000,000 0.00 5,949,935.00 6,585,673.00 6,603,509.00 1,317,189 270,000 265,000 BUDGET ATTACHEMNT Income Detail Year3_0 Year4_2024 0.00 0.00 0.00 0.00 0.00 13,828,587 Income Source Miscellaneous Less: Allowances and 0.00 Total Revenue TOTALS Year1_0 0.00 0.00 Year2_0 0.00 0.00 0.00 First Full Year 0.00 0.00 14,000,000 13,828,587.00 14,000,000.00 Expense Detail Year4_2024 12,042,109.00 12,663,491.00 236,358.00 750,000.00 13,028,467 Expense Source Year10 Total Expense 0.00 Interest TOTALS Year2_0 0.00 0.00 0.00 Year3_0 0.00 0.00 0.00 First Full_Year 260,552.00 800,000.00 13,724,043 0.00 0.00 NC Instruction 1942-A & 1942-C Guide 8 (9/97) REQUEST FOR LOWER INTEREST RATE Applicant: CityofDunn Project: Loan Amount: 2024 - Public Utilties Equipment $405,000.00 Ihereby request the interest rate of the referenced loan be the lower oft the rate in effect at the time ofloan approval or the time of loan closing. ELMORE WILLIAMS, JR. MAYOR (Title) Form RD 400-1 (Rev.8-22) FORM APPROVED OMBI No. 0575-0201 Exp. Date: 07/31/2025 UNITEDSTATES DEPARTMENT OF AGRICULTURE QUALOPPORTUNITY AGREEMENT This agreement, dated City of Dunn witnesseth: 08-27-2024 between (herein called' "Recipient" whether one or more) and United States Department of Agriculture (USDA), pursuant tot the rules and regulations oft the Secretary ofLabor (herein called the Secretary') issued under the authority ofl Executive Order 11246 as amended, Inc consideration of financial assistance (whether by al loan, grant, loan guaranty, or other form of financial assistance) made or to be made by the USDA tol Recipient, Recipient hereby agrees, ifthec cash cost of construction work performed by Recipient or a construction contract financed with: such financial assistance exceeds $10,000 unless exempted by rules, regulations or orders oft the Secretary of 1. To incorporate or cause to bei incorporated into any contract for construction work, or modification thereof, subject to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in whole ori inj (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor willt take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff ort termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees toj post in conspicuous places, available to employees and applicants for employment, notices to be provided by the (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, tol be provided by the USDA, advising the said labor union or workers' representative of the contractor's commitments under this agreement and shall post copies oft the noticei in conspicuous places (d) The contractor will comply with all provisions of Executive Order 11246 of September 24,1965, and of all rules, regulations (e)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the USDA Civil Rights Office, and the Secretary ofLabor for purposes of investigation to ascertain compliance with such rules, (f). In the event of the contractor's noncompliance with the nondiscrimination clauses oft this contract or with any of thes said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole ori in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of (g) The contractor willi include the provisions of paragraph 1 and paragraph (a) through (g) in every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary ofLabor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions willl be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the USDA may direct as a means of enforcing such provisions, including sanctions fori noncompliance: Provided, however, that in the event the contractor becomes involved in, ori is threatened with, litigation with as subcontractor or vendor as a result ofs such direction by the USDA, the contractor may request the United States to enter into such litigation to protect the interest oft the United States. Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965. with the aid ofs such financial assistance, the following "Equal Opportunity Clause": During the performance oft this contract, the contractor agrees as follows: part USDA setting forth the provisions oft this nondiscrimination clause. available to employees and applicants for employment. and relevant orders ofthe Secretary ofLabor. regulations, and orders. Labor, or as otherwise provided by Law. According to the Paperwork Redction. Act of 1995, an agency may not conduct or sponsor, anday person is not 10,, ac collection of information unless it displays a validOMB control number: The valid OMB control mumber for required this information respond. collections is 0575-0018. The time required to complete this information collection is estimated! to average 101 minutes per including the time) for reviewing instructions, searching existing data. sources, gathering andi maintaining the datal needed, and response, to completing andreviewing the collection of information. Position 6 RD400-1 (Rev.5-00) 2. Tol be bound by the above equal opportunity clause with respect toi its own employment practices when it participates in federally assisted construction work: Provided, thati ifthe organization so participating is a State or local government, the: above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in 3.1 To notify all prospective contractors to file the required 'Compliance Statement, Form RD 400-6, with their bids. 4. Form AD-425, Instructions to Contractors, will accompany the notice of award of the contract. Bid conditions for all nonexempt federal and federally assisted construction contracts require inclusion oft the appropriate "Hometown" or' "Imposed" plan affirmative action and equal employment opportunity requirements. Alll bidders must comply with the bid conditions contained in the invitation to 5. To: assist and cooperate actively with USDA and the Secretary in obtaining the compliance of contractors ands subcontractors with the equal opportunity clause and rules, regulations, and relevant orders oft the Secretary, that will furnish USDA and the Secretary such information such as, but not limited to, Form AD-560, Certification ofl Nonsegregated Facilities, to submit thel Monthly Employment Utilization Report, Form CC-257, as they may require for the supervision of such compliance, andt thati it will otherwise assist USDA in 6. Torefrain from entering into any contract or contract modification subject to such Executive Order 11246 of September 24, 1965, with ac contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally assisted construction contracts pursuant to thel Executive Order and will carry out suchs sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by USDA or the Secretary ofLabor pursuant tol Part II, Subpart D, ofthe 7. That ift the recipient fails or refuses to comply with these undertakings, the USDA may take any or all of the following actions: Cancel, terminate, or suspend in whole ori inj part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the organization under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such organization; and refer the case tot the Department of Justice for appropriate legal work on or under the contract. be considered responsible bidders and hence eligible for the award. the discharge ofUSDA's primary responsibility fors securing compliance. Executive Order. proceedings. Signed by the Recipient on the date first written above. Recipient Recipient CORPORATESEAL) Attest: City of Dunn Name of Corporate Recipient By. Melissa Matti, Interim City Clerk William Elmore, Jr., Mayor USDA-RD Form RDI 1910-11 (Rev. 9-02) Position. 3 UNITEDSTATES) DEPARIMENT OF AGRICULTURE RURALDEVELOPMENT APPLICANT CERTIFICATION FEDERAL COLLECTION POLICIES FOR CONSUMER OR COMMERCIAL DEBTS The Federal Government is authorized to check credit information about the applicant(s) including using the federal Credit Alert Interactive Voice) Response System (CAIVRS) or its successors to check tos see ift the applicant(s) are delinquent or in default on a Federal debt. Thel Federal Government is also authorized by law tot take any or all oft the following actions int the event your loan payments become delinquent or you default on your loan: Report your name and account information to a credit reporting agency, and the Credit Alert Interactive Voice Response Assess charges to cover additional administrative costs incurred by the government to service your: account. System (CAIVRS). Assess interest and penalty charges fort the period of time that payment is not made. Offset amounts to be paid to you from your Federal income tax refund. Offset amounts to be paid to you under other Federal Programs. Refer your account to: aj private collection agency to collect thea amount due. Foreclose on any security you have given for thel loan. Pursue legal action to collect through the courts. Report any written off debt to the Internal Revenue Service as taxable income. executive branch of the Federal Government for the period of debarment or suspension. Ifyou are: a current or retired Federal employee, take action to offset your salary, or civil service retirement benefits. Debar ors suspend you from doing business with the Federal Government either as aj participant or principal throughout the Refer any debt thati is delinquent to the Treasury Offset Program (TOP) in accordance with the Debt Collection Refer any eligible debt that is delinquent to the Treasury for cross servicing in accordance with the Debt Collection Improvement. Act of 1996. Improvement. Act of 1996. Garnish your wages as allowed by the Debt Collection Improvement Act of 1996. Any or all oft these actions may be used to recover any debts owed when iti is determined to be in the interest oft the Government to do SO. CERTIFICATION: Iwel have read and I/we understand the actions the Federal Government may take in the event that Iwe fail to meet my/our scheduled payments in accordance with the terms and conditions of my/our agreement. Iwe understand that the above listi is not all inclusive and that the Federal Government may deem additional actions necessary to collect should I/we become delinquent. 08-27-2024 (Date) 08-27-2024 (Date) 08-27-2024 (Date) gpature-ndhvidualg, gnare-ndviahals, City of Dunn (SEAL) (Name of Applicant) (Signature of Authorized Entity Official) (Title of Authorized. Entity Official) ATTEST: William Elmore, Jr., Mayor PO Box 1065 Dunn, NC 28335- (Signature of Attesting Official) (Title of Attesting Official) (Address) (City, State, and Zip Code) Melissa Matti, Interim City Clerk RD 1910-11 (Rev.9-02) FORM APPROVED OMB No. 0575-0201 Exp. Date: 07/31/2025 USDA Form RD 400-4 (Rev. 08-22) Position3 ASSURANCE AGREEMENT (Under Title VI, Civil Rights Act of1964) The City of Dunn POI Box 1065 Dunn, NC28335- (name ofrecipient) (address) As a condition ofreceipt ofFederal financial assistance, you acknowledge and agree thaty you must comply (and require any subgrantees, subrecipients, contractors, successors, transferees, and assignees to comply) with applicable provisions ofr national laws and policies prohibiting discrimination, including but not limited to: 1. Title VI ofthe Civil Rights Act of1 1964, as amended, which prohibits yout from discriminating on the basis ofrace, color, or national origin (42 U.S.C. 2000d et seq.), and 7CFR Part 15,7CFR 1901, Subpart E. As clarified by Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency (Rural Housing Service, Rural Business and Cooperative Service, and) Rural Utilities Service) guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, your must take reasonable steps to ensure that LEP persons have meaningful access to your programs [in: accordance with USDA RDLEP Guidance for RDI Funded (Assisted) Programs). Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. You are encouraged to consider the need for language services for LEPI persons served or encountered both in developing your budgets and in conducting your programs and activities. For assistance andi information regarding your LEP obligations, go to 2. Title IX oft the Education Amendments of 1972, as amended, which prohibits you from discriminating on the basis of sexi in education programs or activities (20 U.S.C. 1681 et seq.)as implemented by 7CFR Part 15,7CFR 1901, Subpart 3. The Age Discrimination, Act of1 1975, as amended, which prohibits you from discriminating on the basis of age 4. Section 504 oft thel Rehabilitation Act of 1973, as amended, which prohibits you from discriminating on the basis of disability (29 U.S.C. 794) [as implemented by 7CFR Part 15,7CFR Part 15b,7CFR 1901, Subpart EJ; 5. Title VIII oft the Civil Rights Act, which prohibits you from discriminating in the sale, rental, financing, and advertising of dwellings, ori in the provision ofs services in connection therewith, on the basis ofrace, color, national origin, religion, disability, familial status, and sex (42 U.S.C. 3601 ets seq.), as implemented by the Department of Housing and Urban Development at 24 CFR part 100. Thej prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units, i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) be 6. Titles II and III of the Americans with Disabilities Act, which prohibit you from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. SS 12131-12189), as implemented by Department of Justice regulations at28 htp/www.lepgov EJ; (42U.S.C. 6101 et seq.) [asi implemented by 7CFR Part 15,7CFR 1901, SubpartE); designed and constructed with certain accessible features, see 24 CFR Part 100.201;and C.F.R. parts 35 and 36, and 70 CFR Part 15,7CFR Part 15b,7CFR 1901, Subpart E. According lot thel Paperwork Reduction Actof 1995, noy persons are requiredior respond loas collections ofi informationt unless ita displays a validOMB control mumber. Thes validOMB controln mumber) for thisi information collectioni is 0575-0018. Thet time requiredi 10 completet thisi informationi ise estimated lo average 15 minules perr response, including the time for reviewing instructions, searching existing dalas sources, gathering andi maintaining the datar needed, ando completing andi reviewing the collection ofinformation. You also acknowledge and agreet that you must comply (and require any subgrantees, subrecipients, contractors, successors, transferees, and assignees to comply) with applicable provisions governing USDA Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service) access to records, accounts, documents, information, facilities, and staff: . You must cooperate with any compliance review or complaint investigation conducted by USDA Rural Development (Rurall Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service). 2. You must give USDA Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service) access to and the right to examine and copy records, accounts, and other documents ands sources of information related to the grant and permit access to facilities, personnel, and other individuals andi information as may ber necessary, as required by Title VI, Titlel IX, Age, and Section 504 implementing regulations and other applicable 3. You must keep such records and submit to the responsible Department official or designee timely, complete, and accurate compliance reports at such times, andi ins such form and containing suchi information, as the responsible Department official or his designee may determine to be necessary to ascertain whether youl have complied or are 4. You must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed 5. Make available to users, participants, beneficiaries and other interested persons such information regarding the provisions of this agreement and the regulations, and in such manner as the Rural Development or the U.S. Department ofAgriculture finds necessary to inform such persons oft the protection assured them againstdiserimination. 6. If, during the past three years, you (the recipient) have been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, you must provide al list ofalls such proceedings, pending or completed, including outcome and copies ofs settlement: agreements. 7. Int the event any court or administrative agency makes ai finding of discrimination on grounds ofr race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against you, or yous settle a case or matter alleging such discrimination, you must forward: a copy of the complaint and findings to USDA Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service), Office of laws or program guidance. complying with relevant obligations. inp program guidance. Civil Rights. The United States has the right tos seekj judicial enforcement of these obligations. You also acknowledge: and agree that you must comply (and require any subgrantees, subrecipients, contractors, successors, transferees, and assignees to comply) with applicable provisions of program-specific nondiscrimination policy requirements found at CFRI Part 15,7CFRI Part 151 b, 12CFRI Part 202,7CFR 1901, Subpart E., DR4300-003, DR4330-0300, DR4330-005. Int the case of any service, financial aid, covered employment, equipment, property, or structure provided, leased, ori improved with federal assistance extended to the Recipient by Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service), this assurance obligates the Recipient fort the period during which federal assistance is extended. In the case ofa any transfer ofsuch service, financial aid, equipment, property, or structure, this assurance obligates the transferee for the period during which federal assistance is extended. Ifany personal property is so provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. In all other cases, this assurance. obligates the Recipient for the period during which the federal assistance is extended to the Recipient by Rural Development (Rural Where aj primary objective of the federal assistance is to provide employment or where the Recipient's employment practices affect the delivery of services inj programs or activities resulting from federal assistance extended by Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service), the Recipient agrees not to discriminate on the grounds of race, color, national origin, sex, age, or disability, in its employment practices. Such employment practices may include, but are not limited to, recruitment, advertising, hiring, layoff or termination, promotion, demotion, transfer, rates of pay, training and Period of Obligation Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service). Employment Practices participation in upward mobility programs; or other forms of compensation and use of facilities. Data Collection The Recipient agrees to compile and maintain information pertaining toj programs or activities developed as ar result oft the Recipient's receipt of federal assistance from Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service). Such information shalli include, but is not limited to the following: (1) the manner in which services are or will bej provided andi related data necessary for determining whether any persons are or will be denied such services on the basis of prohibited discrimination; (2) the population eligible to be: served by race, color, national origin, sex, age, and disability; (3) data regarding covered employment including use or planned use ofbilingual public contact employees serving beneficiaries ofthe program where necessary to permit effective participation by beneficiaries unable tos speak or understand English; (4) thel location of existing or proposed facilities connected with the program and related information adequate for determining whether the location has or willl have the effect of unnecessarily denying access to any person on the basis of prohibited discrimination; (5) the present or proposed membership by race, color, national origin, sex, age: and disability in any planning or advisory body which is ani integral part of the program; and (6) any additional written data determined by Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service) to be relevant to the obligation to assure compliance by recipients with laws Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations as herein described, that the information submitted in conjunction with this Document is accurate and complete, and that the recipient is in compliance citedi in this assurance agreement. with the nondiscrimination requirements set out above. Rights and remedies provided for under this agreement shall be cumulative. Inv witness whereof, City of Dunn hereunto executed this agreement. on this (name of recipient) date has caused this agreement to be executed byi its duly authorized officers andi its seal affixed hereto, or, ifai natural person, has (SEAL) Recipient Date Title 8/27/2024 Attest: William Elmore,Jr., Mayor Melissa Matti, Interim City Clerk Title RD Instruction 1940-Q Exhibit A-1 CERTIFICATION FOR CONTRACTS, GRANTS AND LOANS The undersigned certifies, to the best of his or her knowledge and belief, 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant or Federal loan, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant or loan. will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant or loan, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance 3 The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including contracts, subcontracts, and subgrants under grants and loans) and that all This certification is a material representation. of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be. subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. that: If any funds other than Federal appropriated funds have been paid or with its instructions. subrecipients shall certify and disclose accordingly. William Elmore. Jr. 08/27/2024 (date) (name) Mayor (title) 000 (08-21-91) PN 171 USDA-Rural Development 2736 NC Highway 210 Smithfield, NC27577 Dear Sir: This is to certify that City of Dunn Local requirements to include the following: a) Compliance with special laws and regulations isino compliance with Federal, State, and b) Compliance with State Pollution Control or Environmental Protection Agency c) Consistency with other development plans of the area and State Strategic Plan. standards d) State agency regulating water rights. e) Compliance with the Civil Rights Act of 1964. ) Compliance with Title IX of the Education Amendments of 1972 g) Compliance with Section 504 of the Rehabilitation Act of 1973. h) Compliance with the Age Discrimination. Act of 1975 William Elmore, Jr., Mayor Date: 8/27/2024 CERTIFIED LIST OF OFFICERS/DIRECTORS NAME OF APPLICANT: City of Dunn PO Box 1065, Dunn, NC 28335 PHONE. NUMBER: 910-230-3500 POI BOX (fapplicable) and PISICALADDRESS: OFSECURITY: ALTERNATE NUMBER: CONTACT PERSON: Steven Neuschafter, 401 East Broad Street, Dunn, NC 28335 (Name) (Address) sneuscnatter@dunn-nc.org (Email Address) OFFICERS. AND DIRECTORS OF GOVERNING BODY NAME OFFICE HELD Mayor Council Council Council Council Council Council City Manager TERMS OF OFFICE 2027 2027 2027 2027 2027 2027 2027 William P. Elmore, Jr. J. Wesley Sills April Gaulden Raquel McNeil Billy N. Tart Alan Hargis Dr. David L. Bradham Steven Neuschafter Icertify that the above is the correct list of officers and directors of the: City of Dunn as of 8/27/2024 (Date) (SEAL) (Applicant Name) CERTIFIED CORRECT: Melissa Matti, Interim City Clerk USDA UnitedStates Departmentof Agriculture RuralDevelopment Together, America Prospers August 27,2024 City of Dunn Attn: William Elmore, Jr., Mayor 401 East Broad Street- POI Box 1065 Dunn, NC: 28335 Rural Development North State Office Carolina 4405E Bland Road Suite 260 Raleigh, NC27609 Voice 919.873.2000 Fax 844.325.6921 TTY711 Subject: Letter of Conditions for a Community Facilities Program Loan and Grant for 2024V Water and Sewer Equipment Two Ford F150s, Kubota Tractors and Ford F350 Dear Mayor Elmore, This letter, with attachments, establishes conditions that must be understood and agreed to by the applicant before further consideration may be given to the application for Federal Assistance. The State and Area Office staff of USDA Rural Development (RD) will administer the loan and/or grantf funds fort this project on behalf of the Rural Housing Service. All parties may access information and regulations referenced in this letter at our website located at: https/www.rd.usda.govprograms-services/community-faciites. Any changes in project cost, source of funds, scope of services, or any other significant change (this includes significant changes in the Borrower's financial condition, operation, rganzatonaistructure or executive leadership) in the project or applicant must be reported to and approved by USDA Rural Development by written amendment to this letter. Any changes not approved by USDA Rural Development will be cause for discontinuing processing of the application. Ify you do not meet the conditions of this letter, the Agency reserves the right to This letter is not to be considered as loan/grant approval or as representation to the availability of funds. The application can be processed on the basis of a USDA Rural Development loan not to exceed $175,000.00: and grant not to exceed 20,000.00. Funds for Please complete and return the attached Form RD 1942-46, "Letter of Intent to Meet Conditions," and Form RD 1940-1, "Request for Obligation of Funds," 'withint the nextt ten(10) days, if you desire that we give further consideration to your application. The execution of these and all other documents required by USDAI Rural Development must be authorized by The loan and grant will be considered approved on the date Form RD 1940-1, "Request for Obligation of Funds," " is mailed by USDAI Rural Development. This is also the date that the interest rate is established. If the interest rate is lower at the time of loan closing, your must The loan will be repayable over a period not to exceed five (5) years from the date of loan closing at the market interest rate. Thet first interest installment will be due no later than one withdraw. Agency funding. this project are provided byt the Rural Housing Service (RHS). appropriate resolutions of the applicant's governing body. make ar request in writing to receive the lower rate in effect. full year from the date of loan closing. USDA is an equal opportunity P provider, employer, and lender. City of Dunn - 2024Water and Sewer Equipment Letter of Conditions andi funding will be as follows: a. Project Expenses Development Land & Rights Legal Architect Fees Interest Equipment Contingencies Refinancing Other (Described) Resident Inspection Total Source of Funds b. Funds USDAI Loan USDA Grant Other Total August 27,2024 Project Budget- Based on Standard Form 424, "Application for Federal Assistance," the project cost Costs $1,532.00 $196,744.00 $198,276.00 Total $175,000.00 $20,000.00 $198,276.00 Applicant Contributions $3,276.00 Any changes int funding sources following obligation of Agency funds must be reported to the processing official. Project feasibility and funding will ber reassessed if there is a significant change in project costs after bids are received. If actual project costs exceed the project cost estimates, an additional The applicant will ensure projects are completed in ai timely, efficient, and economical manner. Section Lof the attached conditions (Items 1-18) must be satisfied prior to interim loan closing or before construction begins, whichever occurs first, in either case not later thanone()year from the date of this letter. In the event the project has not advanced to the point of construction within one (1): year, USDA Rural Development reserves the right to discontinue the processing of the application. contribution byt the borrower may ber necessary. Ifyoul have any questions, feel free to contact this office. Sincerely, Tobais Fullvood TOBAIS FULLWOOD Area! Specialist CC: Community Programs Director, USDAI Rural Development, City of Dunn- - 2024 Water and Sewer Equipment ATTACHMENT TO LETTER OF CONDITIONS August 27,2024 Letter of Conditions SECTION I. CONDITIONS TO BE SATISFIED PRIOR TO LOAN/GRANT CLOSING OR BEFORE 1. Reserves-The applicant will establish a separate debt service reserve account in an amount at least equal to an average annual loan installment. This reserve will be accumulated at the rate of at least one-tenth of the average annual installment eachy year until the required level is reached, which is one average annual loan installment. The reserve account balance must be reported annually to the State Office and included in the audit as a separate and identifiable line item as Fora any fiscal year endi inwhicht the debt service reserve account balance is less than the required account total; the applicant will provide the Agency with a twelve month budget and plan to CONSTRUCTION BEGINS, WHICHEVER OCCURS FIRST restricted. correct the cash: shortfall. 2. Disbursement of Funds a. The applicant will provide evidence that funds from other sources will be made available for the project cost in the amount of $3.276.00. This evidence should include a copy of the b. The applicant's contribution of funds toward the project cost shall be considered the first funds expended and must be deposited in its project account before construction is started. C. Agency funds will not be used to pre-finance funds committed to the project from other d. The Debt Collection Improvement Act (DCIA) of 1996 requires that all Federal payments be made by Electronic Funds Transfer/Automated Clearing House (EFT/ACH). Borrowers receiving payments by EFT will have funds directly deposited to a specified account at a financial institution with funds being available to the recipient on the date of payment. The borrower should complete Form SF-3881, Electronic Funds Transfer Payment Enrollment Form, for each account where funds will be electronically received. The completed form(s) must be received by Rural Development at least forty-five (45) days prior to the first advance loan/grant award that addresses how funds will be disbursed. Please provide Rural Development evidencing applicant's contribution. sources. of funds. Failure to do sO could delay loan closing. 3. Security Requirements a. At loan closing the applicant will execute the attached Form RD 1942-47, "Loan Resolution (Public Bodies)". Please note the refinancing provision in paragraph: 2. Also, on page 3t there b. The applicant will be required to execute and complete Form RD 3570-03, "Agreement for Administrative Requirements for Community Facilities Grants" and "Notice of Federal C. AU UCC Financing Statement lien search will be conducted by the Agency to identify lien priority position. Form UCC-1, "Financing Statement," with Form UCC-1Ad, "UCC Financing Statement Addendum," as appropriate, or other action as allowed by State statute, will be isac certification to be executed at loan closing. Interest" at the time of grant closing. 3 City of Dunn- 2024Water: and Sewer Equipment August 27, 2024 Letter of Conditions prepared by USDA Rural Development and filed with the NC Secretary of State and a copy recorded with the Harnett County Recorder (if applicable) to perfect a security interest in A$38.00filingf fee (fee subject to change based on current NC Secretary of Statei fees schedule) payable to the Secretary of State must be provided to the Agency at least 90 days prior to d. An Installment Purchase Contract will be secured by the United States of America, acting throught the Rural Housing Service! beingnamed: ast ther registered lien! holder ont the Certificate collateral to encumber thet following: loan closing. of Title fort the vehicles being financed. e. Theapplcantisrequred to executel Form RD4 440-15, Security Agreement, ifr required by OGC. 4. Insurance and Bonding Requirements- -The applicant must provide evidence of adequate insurance and fidelity bond coverage by loan closing or start of construction, whichever occurs first. Adequate coverage, in accordance with USDA Rural Doveopmentsreguaon, must then be maintained for the life of the loan and evidence must be submitted to Rural Development annually. Evidence that coverage is being maintained must be provided annually thereafter. Itis the responsibility of the applicant and not that of USDA Rural Development to assure that adequate insurance and fidelity bond coverage is maintained. Applicants are encouraged to review coverage amounts and deductible provisions with their attorney, consulting engineer, a. Property Insurance--Fire and extended coverage will be required on all above-ground structures, including applicant-owned equipment and machinery housed therein. Provide USDA Rural Development with proof of coverage and attach Lender's Loss Payable Endorsement (438 BFU or equivalent) naming the UNITED STATES OF AMERICA as lender. b. Corporate Liability Insurance -The Applicant will provide publicl liability, and property damage insurance in an amount to adequately protect the applicant from civil action arising from the Workers' Compensation Insurance-The applicant will be required to carry workers' compensation insurance for all employees in accordance with the State law. Provide USDA d. General liability and vehicular coverage must be maintained-Provde USDA Rural e. Fidelity Bond--Persons who have access to the funds and custody to any property will be covered by a fidelity bond or an adequate crime policy that protects the applicant from an employee crime. Coverage may be provided either for all individual positions or persons, or through "blanket" coverage providing protection for all appropriate employees and/or officials. The amount of coverage required by USDA Rural Development will be sufficient to cover thet total annual debt and reserve service requirements for the loan. The United States of America will be named as co-obligee on the bond. A certified power-ot-attorney with effective date will be attached to each bond. Provide USDA Rural Dewatopmemtwinacopyat and/ori insurance provider(s). function of the applicant relative to the project. Rural Development with proof of coverage. Development with proof of coverage. the bond andi the power of attorney. 4 City of Dunn- - 2024V Water and Sewer Equipment August 27, 2024 Letter of Conditions 5. Civil Rights & Equal Opportunity- The borrower/grantee has received an award of Federal funding and is required to comply with U.S. statutory and public policy requirements, including a. Section 504 of the Rehabilitation Act of 1973 - Under Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), no handicapped individual in the United States shall, solely by reason of their handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Agency financial assistance. The Standard for compliance is the Architectural Barriers Act Accessibility b. Civil Rights Act of 1964 - AlL recipients are subject to, and facilities must be operated in accordance with, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and 7 CFR 1901, Subpart E, particularly as it relates to conducting and reporting of compliance reviews. Instruments of conveyance for loans and/or grants subject to the Act must contain the The Americans with Disabilities Act (ADA) of 1990 - This Act (42 U.S.C. 12101 etseq.) prohibits discrimination on the basis of disability ine employment, State and local government services, publictransportation, public accommodations, facilities, and telecommunications. d. Age Discrimination Act of 1975-This Act (42U.S.C. 6101 et seq.) provides that no person in the United States shall on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal e. Limited English Proficiency (LEP) under Executive Order 13166 - LEP statutes and authorities prohibit exclusion from participation in, denial of benefits of, and discrimination under rederally-assisted: land/or conducted programs on the ground of race, color, or national origin. Title VI of the Civil Rights Act of 1964 covers program access for LEP persons. LEP persons are individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English. These individuals may be entitled tol language assistance, free of charge. The recipient must take reasonable steps to ensure that LEP persons receive the language assistance necessary to have meaningful access to USDA programs, services, and information the recipient provides. These protections are pursuant to Executive Order 13166 entitled, "Improving Access to Services by Persons with Limited English Proficiency" and further affirmed in the USDAI Departmental Regulation 4330- 005, "Prohibition Against National Origin Discrimination Affecting Persons with Limited but not limited to: Standards (ABAAS). covenant required by Paragraph 1901.202(e) of this Title. financial assistance. English Proficiency in Programs and Activities Conducted by USDA." Agency financial programs must be extended without regard to race, color, religion, sex, national origin, marital status, age, or physical or mental handicap. The recipient must display posters (provided by the Agency) informing users of these requirements, and the compliance with these requirements during regular compliance reviews. Agency will monitor the recipient's As a recipient of Rural Development funding, you are required to post a copy of the Non- Discrimination Statement listed below in your office and in include in full, on all materials 5 City of Dunn- - 2024) Water and Sewer Equipment August 27, 2024 Letter of Conditions print. produced for public information, public education, and public distribution both print and non- Non-Discrimination Statement "This institution is an equal opportunity provider and employer." Ifyouv wisht tot file a Civil Rights program complaint of discrimination, complete thel USDAI Program Discrimination Complaint Form, found online at https://www.ocio.usda.gov/document/ad-3027, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in thet form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, S.W.,Stop 9410, Washington, D.C. 20250-9410, byf fax (202) Ifther material ist too small to permit thet full statement to bei included, the material at a minimum includes the statement in print size no smaller than the text that "This institution is an equal 690-7442 or email at ogam.ma@usongo. opportunity provider and employer." 6. WrittenA Agreements for Professional Services a. The legal service agreement submitted by Pope Law Group, PAI is satisfactory to USDAI Rural Development. 7. System Policies, Procedures, Contracts, and Agreements -Thet facility must be operated ona sound business plan which involves adopting policies, procedures, and/or ordinances outlining a. Conflict of Interest Policy - Prior to obligation off funds, your must certify in writing that your organization has in place up-to-date written standards of conduct covering conflict of interest. The standards of conductmustinclude disciplinaryactions. int thee event ofaviolation by officers, employees, or agents of the borrower. The standards identified herein apply to any parent, affiliate or subsidiary organization of the borrower that is not a state or local government, or Indian Tribe. Policies and accompanying documents shall be furnished to You must also submit a disclosure of planned or potential transactions related to the use of Federal funds that may constitute or present the appearance of personal or organizational conflict of interest. Disclosure must bei in thei form of ay written letter signed and dated byt the applicant's official. A negative disclosure in the same format is required if no conflicts are Sample conflict of interest policies may be found at the National Council of Nonprofits website, nttps:/www.councllononprotit.org/t00ls-resources/contict-ot-interest, or in Internal Revenue Service Form 1023, Appendix A, "Sample Conflict of Interest Policy," at ntp.now.s.owpuDAts-pdt/1023.pdt: Though these examples reference non-profit the conditions of service and use of the proposed system. Rural Development upon request. anticipated. corporations, the requirement applies to all types of Agencyborrowers. City of Dunn- - 2024 Water and Sewer Equipment August 27, 2024 Letter of Conditions Assistance in developing a conflict of interest policy is available through Agency-contracted 8. Electronic Funds Transfer-Al loan funds will bet transferred to borrowers vial Electronic Funds Transfer/Automated Clearinghouse Systems (EFT/ACH). Normal transfers will be ACH, with money being placed in Borrower's account two business days after the USDA processing office approves the pay request. The applicant must submit the Electronic Funds Transfer Form containing the banking (ACH) information to the USDA Servicing Office at least 90 days prior to 9. Automatic Payments- -The applicant is required to participate in thel Pre-Authorized Debit (PAD) payment process fora all new ande existing indebtedness to USDA Rural Development. Itwill allow for the applicant's payment to be electronically debited from its account on the date their payment is due. Form RD: 3550-28, "Authorization Agreement for Pre-Authorized Payments,"is attached. Please fill out and signy your' "IndiiduaV/Company Information" section, then havey your tinanclalnstitutonpank fill outt the bottom portonphortosubmiting thei form to the USDARural 10. Loan Closing -The permanent loan will be closed in accordance with USDAI Rural Development instructions, the legal requirements of the USDA Office of General Counsel, and this Letter of Conditions. All applicable closing documents, including bond documents, must be submitted1 to USDAI Rural Development at least 90 days priort to the planned closing date. Prior to loan closing, arequest for reimbursement must be submitted to USDAI with all the supporting invoices. 11. Operating Budget-F Prior to loan closing, USDAI Rural Development must review the applicant's approved operating budget. The budget must balance and include the proposed USDA debt service and reserve obligations. Eachy year the USDAL loani is outstanding, the applicantv will adopt an annual budget which provides for the annual debt service and reserve payments. 12. System for Award Management Registration and Unique Entity ID -You as the recipient must maintain the currency of youri information in the System for Award Management (SAM) until you submit the final financial report required under this award and all grant funds under this award have been disbursed or de-obligated, whichever is later. This requires thaty you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. Recipients can register on-line at ntps/www.sam.go You as the recipient may not make a sub-award to an entity unless the 13. Suspension and Debarment Screening - You will be asked to provide information on the principals of your organization. Agency staff must conduct screening for suspension and debarment of the entity, as well as its principals through the Do Not Pay Portal. technical assistance providers if desired. the date ofl loan closing. Failure to do sO could delay loan closing. Development service office. entity has provided its Unique Entity ID from SAM.govtoyou. a. Principal- . An officer, director, owner, partner, principal investigator, or other person within a participant with management or supervisory responsibilities related to a i. A consultant or other person, whether or not employed byt the participant or paid covered transaction; or witht federal funds, who - 1. Isi in ap position to handle federali funds; 2. Isin ap position to influence or control the use of those funds; or, 7 City of Dunn- - 2024) Water and Sewer Equipment August 27, 2024 Letter of Conditions Occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction. (2 CFR 14. Litigation. You are required to notify the Agency within 30 days of receiving notification of being involved in any type of litigation prior to loan closing or start of construction, whichever occurs first. Additional documentation regarding the situation and litigation may be requested by the $180.995) Agency. SECTIONII. LOAN CONDITIONS TO BE SATISFIED AFTER PROJECT COMPLETION 1. Financial Statements--To be submitted on an annual basis in accordance witht thet following: a. Borrowers and grantees that meet the Federal awards expended threshold established in 2 CFR 200, Subpart F, "Audit Requirements" (expends $750,000 or more in federal financial assistance per fiscal year) shall submit an audit performed in accordance with the requrementsot2CFR200.Subparts. Audits shall be submitted to USDA Rural Development b. ALL borrowers exempt from USDA audit requirements and who do not otherwise have annual audits, will within 60 days following the end of the borrower's fiscal year furnish USDA with annual financial statements, consisting of a verification of the organization's balance sheet and statement of income and expenses. The recipient may use Form RD 442-2, "Statement of Budget, Income and Equity," and 442-3, "Balance Sheet," or similar format to provide the An annual audit may be submitted in lieu of annual financial statements for any borrower or 2. Audit agreement- -If you are required to obtain the services of a licensed Certified Public Accountant (CPA), you must enter into a written audit agreement with the auditor. The audit agreement mayi include terms and conditions that you and auditor deem appropriate. 3. Limitations of Additional Debt- Youwill not borrowa any money from anys source ore enter into any contract or agreement or incur any other liabilities in connection with making extensions or improvements to the Facility, exclusive of normal maintenance, without obtaining the prior 4. Compliance Reviews-Rural Development will be required to periodically conduct a compliance review of this facility and operation. Compliance reviews will be completed during the first year of operations and every three years thereafter. You will need to provide the local The Agency will conduct regular compliance reviews of the borrower and its operation in accordance with 7CFR Part 1901, Subpart E, and 36 CFR1191, Americans with Disabilities Act (ADA) Accessibility described in this letter. If beneficiaries (users) are required to complete an application or screening for the use of the facility or service that the recipient provides, the recipient must request and ina accordance with2CFR2 200, SubpartF. financial information. grantee that has an audit prepared at its own discretion and expense. written consent of the Agency. office the statistical information as requested. Guidelines for Buildings and Facilities; Compliance reviews will Architectural Barriers Act (ABA) Accessibility Guidelines. typically be conducted in conjunction with the security inspections collect data byr race (American Indian or Alaska Native, Asian, Black or African American, 8 City of Dunn- - 2024) Water and Sewer Equipment data as part of the required compliance review. August 27, 2024 Letter of Conditions White); ethnicity (Hispanic or Latino, Not Hispanic or Latino); and bys sex. The Agency will utilize this 5. Continuation of Financing Statement- Att thet time of renewal (every 5y years) the borrower must provide a $38.00 (or applicable filing fee) check payable to the Secretary of State (fee subject to change based on current Secretary of State fee schedule) for the continuation of the Financing 6. Security Inspections--Rural Development is required to conduct an inspection of the facilitya minimum of once every three years. The recipient must participate in these inspections and 7. Graduation- -Your may be required to refinance (graduate) the unpaid balance oft the RDI loan, in whole or in part, if at any time RD determines your entity is ablet to obtain a loant for suchp purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time, the recipient will be requested to refinance. The ability to refinance will be assessed every other year for those loans that aret fivey years old or older. 8. Prepayment and Extra Payments - Prepayments of scheduled installments, or any portion thereof, may be made at anyt time at the option of borrower, with no penalty. Security instruments, including bonding documents, must contain the following language regarding extra payments, unless prohibited by State: statute: Prepayments of scheduled installments, or any portion thereof, may be made at any time at the option of borrower. Refunds, extra payments and loan proceeds obtained from outside sources forthe purpose of paying down the Agencydebt, shall, after payment ofi interest, bea applied to the installments last to become due under this note and shall not affect the obligation of borrowert to Statement until the loan is paidi ini full. provide the required information. payt the remaining installments as scheduled inj your securityi instruments. 9. Financial Covenants a) Beginning in the First Full Year of 2025, a debt service coverage ratio (DSCR) of a least 1.10 will be maintained with debt service to include the loan payments plus all required reserves. Ift the DSCR drops below 1.10 for any audited year, or quarterly financial report, then an independent management consultant shall be engaged at the expense of the Applicant to prepare af fiscal strategy reportt that documents howt the debt service requirement will be met. This must be provided tot the Agencyr nol later than 90 days after any quarter ini whicht the DSCR Debt service coverage is defined as net income plus depreciation and amortization expenses plus interest expense on structured debt divided by the sum of all structured drops below 1.10. debt payments including required reserve payments still due. 9 Position3 UNITEDSTATES DEPARTMENTOF, AGRICULTURE RURALDEVELOPMENT Form RD 1942-46 (Rev.6-10) FORM APPROVED OMB NO. 0575-0015 OMBI NO. 0570-0062 LETTER OFI INTENT TO MEET CONDITIONS Date 08-27-2024 TO: United States Department of Agriculture USDA Rural Development (Name ofUSDA Agency) 2736 NC Highway 210 Smithfield, NC 27577 (USDA Agency Office Address) Wel have reviewed and understand the conditions set forth in your letter dated 08-27-2024 Itis our intent to meet all of them not later than 08-27-2025 City of Dunn BY (Name of4 Association) William Elmore, Jr Mayor (Title) According to! the Paperwork Reduction. Act ofl 1995, an agency may not conduct ors sponsor, anda, persons is not requiredi 101 respond toa collection ofi information unless ito displays a validOMB control mumber. The valid OMB control mumber, for thisi information collection is 0575-0015 and 0570-0062. The time requiredio complete this information collection is estimated 10 average 11 hour per response. including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data. needed, and completing and reviewing the collection ofi information. Form RD 1942-46 (Rev.6-10) Position. 5 LOAN RESOLUTION (Public Bodies) USDA Form RD 1942-47 (Rev. 12-97) FORM APPROVED OMB NO.0575-0015 ARESOLUTIONG OFTHE City Council OFTHE City of Dunn AUTHORIZING, ANDP PROVIDINGFOR THEI INCURRENCEOF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING APORTION OF THECOST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDINGITS 2024 Water Plant Vehicles and Equipment FACILITYTOSERVE, AN AREA. LAWFULLY WITHINITS. JURISDICTION TO: SERVE. WHEREAS, iti is necessary for the City of Dunn (Public Body) (herein after called Association) to raise aj portion of the cost of such undertaking by issuance ofits bonds in the principal amount of 175,000.00 pursuant to the provisions of NC General Statutes 160 and WHEREAS, the Association intends to obtain assistance from the Rural Housing Service, Rural Business Cooperative Service, Rural Utilities Service, or their successor Agencies with the United States Department of Agriculture, (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in the planning, financing, and supervision ofs such undertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such 1. Tol have prepared oni its behalf and to adopt an ordinance or resolution for the issuance ofits bonds containing such items andi ins such forms as are required by State statutes and as are agreeable and acceptable to the Government. 2. To refinance the unpaid balance, in whole or in part, ofi its bonds upon ther request of the Government ifat any time its shall appear to the Government that the Association is able to refinance its bonds by obtaining al loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods oft time as required by section 333(c) ofs said Consolidated Farm and Rural Development Act (7U. S.C. 1983 (c)). 3. To provide for, execute, and comply with Form) RD 400-4, "Assurance Agreement,": and Form RD 400-1, "Equal Opportunity Agreement," including an' Equal Opportunity Clause," which clause is tol be incorporated in, or attached as a rider to, each 4. Toi indemnify the Government for any payments made orl losses suffered by the Government on behalf oft the Association. Such indemnification: shall be payable from the same source. of funds pledged toj pay the bonds or any other legal permissible 5. That upon default in the payments ofa any principal and accrued interest on thel bonds or in the performance of any covenant or agreement contained herein or in the instruments incident to making or insuring the loan, the Government at its option may (a). declare the entire principal amountt then outstanding and accrued interest immediately due and payable, (b) for the: account oft the Association (payable from the source of funds pledged to pay the bonds or any other legally permissible source), incur and pay reasonable expenses for repair, maintenance, and operation of the facility ands such other reasonable expenses as may be necessary to cure the cause of default, and/or (C) take possession oft thet facility, repair, maintain, and operate or rent it. Default under the provisions oft this resolution or any instrument incident to the making ori insuring oft the loan may be construed by the Government to constitute default under any other instrument held by the Government and executed or assumed by the. Association, and default . Not tos sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, or permit others to 7. Not to defease the bonds, or to borrow money, enteri into any contract or agreement, or otherwise incur any liabilities for any purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the 8. Toj place the proçeeds oft the bonds on deposit in an account andi in ar manner approved by the Government. Funds may be deposited. ini institutions insured by the State or Federal Government ori invested in readily. marketable securities backed by the full faith and credit of the United States. Any income from these accounts willl be considered as revenues of the system. 9. Toc comply with all applicable State andl Federal laws and regulations andt to continually operate and maintain the facility in 10. Top provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, and the establishment of adequate reserves. Revenue accumulated over and above that needed toj pay operating and maintenance, debt service and reserves may only be retained or used to make prepayments on the loan. Revenue cannot be used toj pay any expenses which are not directly incurred for the facility financed by the Government. No free service or use of the facility will According to thel Paperwork Reduction Acrof 1995, nop persons are required to respond l0ac collection ofi information unless displaysa as validOMB control mumber. Thes validOMB control mumber! fori thisi information collection is 0575-0015. Ther time requiredi 10 compleler this information collection ise estimated loa average Lhour peri response, including then time for reviewing instructions, searching existing datas sources, gathering andn maintaining the datas needed, and completing andi reviewing thec collection ofinformation bonds is found by the Association: NOW THEREFORE in consideration of the premises the Association hereby resolves: construction contract and subcontract involvingi ine excess of$ 10,000. source. under any such instrument may be construed by the Government to constitute default hereunder. do sO without the prior written consent of the Government. Government ifs such undertaking wouldi involve the source of funds pledged to pay the! bonds. good condition. be permitted. -2- 11. Toa acquire and maintain suchi insurance and fidelity bond coverage as may be required by the Government. 12. To establish and maintain such books and records relating tot the operation of the facility and its financial affairs and to provide for required audit thereof as required by the Government, to provide the Government a copy of each such audit without its request, and to forward tot the Government such additional information and reports asi itr may from time to time 13. Toj provide the Government: at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the. Association is complying with the provisions hereof 14. That ifthe Government requires that a reserve account be established and maintained, disbursements from that account may be used when necessary for payments due on the bond ifs sufficient funds are not otherwise available. With the prior require. and oft thei instruments incident to the making ori insuring of the loan. written approval oft the Government, funds may be withdrawn for: (b) Repairing or replacing short-lived assets. (c)! Making extensions or improvements to the facility. reached the required funded level. (a) Paying the cost of repairing or replacing any damage to the facility caused by catastrophe. Any time funds are disbursed from the reserve account, additional deposits will be required until the reserve account has 15. To provide adequate service to all persons within the service area who can feasibly and legally bes served and to obtain the Government's concurrence prior to refusing new or adequate services to such persons. Upon failure to provide services which are feasible andl legal, such person shalll have a direct right of action against the Association or public body. 16. To comply with the measures identified in the Government's environmental impact analysis for this facility fort thej purpose ofavoiding or reducing the adverse environmental impacts oft the facility's construction or operation. 17. Toaccept a grant in an amount not to exceed $ 20,000.00 under thet terms offered by the Government; that the. Mayor and. City Clerk oft the Association are hereby authorized and empowered to take all action necessary ora appropriate in the execution of all written instruments as may be required in regard to or as evidence ofs such grant; and The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan, unless otherwise specifically provided by the terms ofs suchi instrument, shall be binding upon the Association as long as the bonds are held or insured by the Government or assignee. The provisions of sections 61 through 17 hereofmay be provided for in more: specific detail int the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed to operate thei facility under the terms offered in said grant agreement(s). as controlling between the Association and the Government or assignee The vote was: Yeas Nays Absent IN_WITNESS WHEREOF, the City Council ofthe 2024 City of Dunn has duly adopted this resolution and caused it tol be executed by the officers below in duplicate on this 27 day of August (SEAL) Attest: By William Elmore, Jr. Title Mayor Melissa Matti, Interim City Clerk Title -3- CERTIFICATION TO BE EXECUTED. ATI LOAN CLOSING I,t the undersigned, as hereby certify that the held on the oft the City of Dunn ofsuch Association is composed of members, ofv whom constituting a quorum, were present at a meeting thereof duly called and ;and that the foregoing resolution was adopted at such meeting the date of closing oft thel loan from the Government, said resolution day of by the votes shown above.I If further certify that as of remains in effect andl has not been rescinded or amended in any way. Dated, this day of Title Form RD 3570-3 (Rev.06-22) UNITEDSTATES) DEPARTMENTOF, AGRICULTURE COMMUNITY FACILITIES GRANT AGREEMENT FORM APPROVED OMBI No. 0575-0173 Exp. Date: 2/28/2025 RURALI DEVELOPMENT Grantee and Agency This Grant Agreement (Agreement) dated 8/27/2024 isa contract for receipt of grant funds under the Community Facility Grant program (7 C.F.R. part 3570, subpart B). These requirements do not supersede the applicable requirements for receipt of Federal funds stated in 2C.F.R. Part 200, "UNIFORM ADMINISTRATIVE REQUIREMENTS, COSTI PRINCIPLES, AND. AUDIT REQUIREMENTS FOR FEDERALA AWARDS", which are incorporated by reference into this Agreement. Further, 7C.F.R. part 3570, subpart B, and all relevant regulatory requirements apply to applicants and are also incorporated by This Agreement for the Project and Amount described below (the "Project Description"): and for the Community Facilities grant, CFDA Number 10.766, is between the Grantee, aj public body, nonprofit corporation or Indian tribe (you), and the United States of America acting through the Rural Housing reference into this Agreement. Service (RHS or Agency). I. 1.Grantee Name & Address Dunn, Cityof PO Box 1065 Dunn, NC 28335- GENERAL AWARD INFORMATION 2.Unique Entity ID. MLLCTPVM8A39 3.Case No. 38-043-*****1214 8/27/2024 8/27/2029 0.00 10 % 4.Federal Award Identification Number(FAIN) 5.Award Date 10.766 6. Performance Start Date 8/27/2024 Action, 20,000.00 and' Total Amount ofFederal Funds Obligated 195,000.00 10.1 Total ProjectCost (Budget Approved Amount) 198,276.00 7.Performance Endl Date 8.Amount ofl Federal Funds Obligated fort this 9.Amount of Matching/Other Funds (if applicable) 11.Award as Percentage of Total Project Cost 12. Grantee Contact (Name, Title, Contact Info) 13.Agency Contact (Name, Title, Contact Info) 14.1 Description of Real Property covered by the 15. Description of Equipment covered by the grant Steven Neuschafer, City Manager Tobais Fullwood, Area Specialist 3919-300 a grant All equipment purchased by USDA Rural Development funds Afederala agency may note conductors sponsor, andapersont isn nor requiredi lor respondio, nors shallapersonk bes subject toapenalry for/ failure toc comply witha acollections ofinformations subjectiothe requirementse ofthel Papenvork Reduction Acrunless thare collectione ofinfomationa displaysacurentb valdOMBO Control Number The OMBO Control? Numberfors thisi informatione collectionis 0575-0173anl 0575-0200. Publicr reporting for thisc collectione ofinformationise estimatediobed approrimately hourp per response, inchding the time forn revieving instructions, searchinge existing daias soures. gathering. andmaintaining thes datan needed, completing. anfrevicring thec collectione efinformation.. Allresponses to this collectione ofinformatione are vohuntary However inorlerlod oblain orretaina benefit. she informationi inn this formisn requiredby 7CFR 3570-B. Communicy Facilities Grant! Program ands Section 10020 ofthe American Rescue Plana Act Rural! Development has noy plans topublishi information collectedu under thep provisionse ofthisy program.. Senicomments reganding this bunkens estimates ord anya atheraspectofa this collectione ofi information, inchding suggestions fori reducing thisb burdenso: Information Collection Clearance Oficer, Rural Development) Innovation Center Regulations/ Management Divisiona at CRfPepmcuraagur Form RD3570-3 The Agency has agreed to give the Grantee the Grant Funds, subject to the terms and conditions established by the Agency. Provided, however, that any Grant Funds actually advanced and not needed for grant purposes shall be returned immediately to the Agency. The Agency may terminate the grant in whole, or in part, at any time before the date of completion, whenever it is determined that the Grantee has failed to comply with the conditions oft this Agreement or the applicable regulation. II. RESPONSIBILITIES A. Grantee. The Grantee shall cause said project to be completed within the total sums available to it, including Grant Funds, in accordance with any architectural or engineering reports, and any necessary modifications, prepared by Grantee and approved by the Agency as required by 7C.F.R. part 3570. The Grantee will remain inc compliance with all applicable laws, regulations, Executive Orders, and other generally applicable requirements for the duration oft the Agreement including 7 C.F.R. part 3570, subpart B and 2 C.F.R. parts 200,400,415,416, 417,418,421, and 422. The most commonly-relerenced provisions are identified below. 1. Financial and Program Management. You must follow the financial and performance management requirements in 2C.F.R. $ 200.300-.309. a. Financial Management. You must maintain ai financial management system b. Internal Controls. You must maintain internal controls in compliance with 2 Payments. You must comply with the payment requirements described in 2 C.F.R. $ 200.305. Payment must be requested by using the SF-270, "Request for Advance or Reimbursement" or SF-271, "Request for Reimbursement for Construction Programs" (as applicable). Receipts, hourly wage rate, personnel payroll records, or other documentation must be provided upon request from RHS ift the request is for an advance; otherwise, the documentation must be provided at the time of the request. Requests for payment must be sent to the Agency contact listed in Section I.14. d. Revisions of the Work Plan and Budget. You must complete all elements oft the Work Plan in Attachment A in accordance with that Attachment and must use project funds only for the purposes and activities specified in Attachment A Approved Work Plan and Budget. You must further complete the outcomes shown for each Work Plan items within the time and scope constraints shown in Attachment A. You must report any changes and request prior approvals in accordance with 2 C.F.R. $ 200.308. Period of Performance. You may only incur costs chargeable to the award Bonding. You must maintain your fidelity bond coverage in the amount of inc compliance with 2 C.F.R. $ 200.302. C.F.R. $ 200.303. ina accordance with 2C.F.R. $ 200.309. $ 0.00 for the Period of Performance oft the award. (See 2 C.F.R.S 200.304) 2 Form RD3570-3 g. Program Income. You must comply with the requirements of2C.F.R. $200.307.. Additionally, ifp program income is earned during the period of performance, you may use it in accordance with 2 C.F.R. $200.307(e)(2), provided that you inform us in writing ofyouri intent prior to the award date. However, ifyou earn program income in excess of what can be used under 2 C.F.R. $ 200.307(e)(2) ori if you earn unanticipated program income, you must comply with 2C.F.R. $ 200.307(e)(1). Costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the award. 2. Procurement and Property Standards. You must follow the procurement 3. Performance and Financial Monitoring and Reporting. You must follow the requirements in 2 C.F.R. Part 170, including Appendix A, and 2C.F.R. $ 200.327- .329, and submit reports as outlined below. Unless otherwise directed in the addendum to this Agreement, the reports are due as indicated below. a. Form SF-425, "Financial Status Report." Reports are due 30 calendar days after the reporting period ends. A final report is due within 120 days after the Performance End Date specified in Section I.8. ofthis Agreement or at the completion of your project, whichever date is sooner. Your reporting periods standards requirements in 2C.F.R. $ 200.310-.326. are below (mark one): Annually: January 1- December 31 Annually: July 1-. June 30 Semi-Annually: January 1-. June 30 and July 1- December 31 Semi-Annually: April I = September 30 and October I - March 31 Quarterly: January 1- March 31, Aprill 1 1 June 30, July 1- September 30, October 1 - December31 b. Performance Reports. SF-PPR, "Performance Progress Report" is due 30 calendar days after the reporting period ends. A final report is due within 120 days after the Performance End Date specified in Section I.8. oft this Agreement or at the completion ofyour project, whichever date is sooner. Your reporting periods are below (mark one): Annually: January 1- December 31 Annually: July 1-. June 30 Semi-Annually: January 1-. June 30: and July 1- December 31 Semi-Annually: April I = September 30 and October 1- March 31 Quarterly: January 1- March 31, April 1 - June 30, July 1- September 30, October 1-I December 31 The performance narrative on the Performance Project Report shall include, but is not limited to, the following: 3 Form RD3570-3 Describe the activities that the funds reflected in the financial ii. A comparison of actual accomplishments to the objectives iii. Reasons why established objectives were not met, ifapplicable; iv. Problems, delays, or adverse conditions which will affect attainment of overall project objectives, prevent meeting time schedules or objectives, or preclude the attainment of project work elements during established time periods. This disclosure shall be accompanied by a statement ofthe action taken or V. Objectives and timetables established for the next reporting The final report (due 120 calendar days after the period of performance end status report were used for; established for that period; planned to resolve the situation; period; date) will also address the following: 1. What have been the most challenging or unexpected aspects of ii. What advice, best practices, and actions would you recommend to other organizations planning a similar program that would increase the success of their program? Please include strengths and limitations oft the program. Ifyou had the opportunity, what this program? would you have done differently? 4. Operations. The Grantee will manage, operate and maintain the facility, including this project if less than the whole of said facility, continuously in an efficient and economical manner in accordance with 7 C.F.R. $3 3570.61(e). 5. Funding. The Grantee will not use grant funds to replace any financial support previously provided or assured from any other source. The Grantee agrees that the Grantee's level ofexpenditure for the Project shall be maintained and not reduced as a result ofGrant Funds in accordance with 70 C.F.R. $ 3570.66. Default. Upon any default under its representations or agreements contained in this instrument, 2 C.F.R. Part 200, or 7 C.F.R. Part 3570, Grantee, at the option and demand of the Agency, will immediately repay to the Agency the Grant Funds with any legally permitted interest from the date oft the default. Default by the Grantee will constitute termination of the grant thereby causing cancellation of Federal assistance under the grant. The provisions oft this Agreement may be enforced by the Agency, at its option and without regard to prior waivers of previous defaults by Grantee, by. judicial proceedings to require specific performance of the terms oft this Agreement or by such other proceedings in law or equity, in either Federal or State courts, as may be deemed necessary by the Agency to assure compliance with the provisions ofthis Agreement and the laws and regulations under which this grant is made. Form RD3570-3 7. Real Property. Use the real property including land, improvements, structures, and appurtenances thereto, for authorized purposes oft the grant as long as needed and in accordance with 2 C.F.R. $200311;2C.FR. $200.312;7C.F.R. $15.4(a)(2) and 7 C.F.R. $ 3570.92. In accordance with Title VIofthe Civil Rights Act of1964, deeds for real property must comply with the requirements a. Title to real property shall vest int the Grantee subject to the condition that the Grantee shall use the real property for the authorized purpose of the original b. The Grantee shall obtain the Agency's approval to use the real property in other projects when the Grantee determines that the property is no longer needed for the original grant purposes. Use in other projects shall be limited to those under other Federal grant programs or programs that have purposes consistent with When the real property is no longer needed, as provided in paragraphs (a) and (b) above, the Grantee shall request disposition instructions from the Agency. The Agency will observe the following rules in the disposition instructions: i. The Grantee may be permitted to retain title after it compensates the Federal government in an amount computed by applying the Federal percentage of participation in the cost oft the original Project to the ii. The Grantee may be directed to sell the property under guidelines provided by the Agency and pay the Federal government an amount computed by applying the Federal percentage of participation int the cost ofthe original Project to the proceeds from sale (after deducting actual and reasonable selling and fix-up expenses, ifany, from the sales proceeds). When the Grantee is authorized or required to sell the property, proper sales procedures shall be established that provide for competition to the extent practical and result in the iii. The Grantee may be directed to transfer title to the property to the Federal government provided that in such cases the Grantee shall be entitled to compensation computed by applying the Grantee's percentage of participation in the cost oft the program or Project to the current fair market value ofthe property; for the Reverter and Habendum clauses. grant as long as needed. those authorized for support by the Agency. fair market value oft the property; highest possible return; 8. Equipment. Abide by the following conditions pertaining to equipment which is furnished by the. Agency or acquired wholly or inj part with Grant Funds. Equipment is defined at 2C.F.R. $ 200.33 and is tangible, non-expendable personal property having a useful life ofmore than one year and an acquisition cost of$5,000 or more per unit. 5 Form RD3570-3 a. Useofe equipment. The Grantee shall use the equipment in the Project for which it was acquired as long as needed. When no longer needed for the original project, the Grantee shall use the equipment in connection with its other federally sponsored activities, ifa any, in the following order of priority: i. Activities sponsored by the Agency. ii. Activities sponsored by other Federal agencies. b. Use of equipment. During the time that equipment is held for use on the project for which it was acquired, the Grantee shall make it available for use on other projects if such other use will not interfere with the work on the project for which the property was originally acquired. First preference for such other use shall be given to the Agency sponsored projects. Second preference will be given to other federally sponsored projects. Disposition of equipment. When the Grantee no longer needs the property as provided inj paragraph 1 (a) and (b) above, the equipment may be sold or used for other activities in accordance with2C.F.R. $200313amd7CER $15.4(a)(3): Equipment with a current fair market value ofl less than $5,000. The Grantee may use the property for other activities without reimbursement to the Federal government or sell the property and retain the proceeds. ii. Equipment with a current fair market value of$5,000 or more. The Grantee may retain the property for other uses provided that compensation is made to the Agency. The amount of compensation shall be computed by applying the percentage of Federal participation in the cost oft the original Project to the current fair market value ofthe property. Ifthe Grantee has no need for the equipment and the equipment has further use value, the Grantee shall request disposition instructions from the Agency. iii. The Agency shall determine whether the equipment can be used to meet RHS or its successor agency's requirements. Ifno such requirements exist, the availability of the property shall be reported, ina accordance with the guidelines oft the Federal Property Management Regulations (FPMR), to the General Services Administration by the Agency to determine whether a requirement for the equipment exists in other Federal agencies. They shall issue instructions to the Grantee no later than 120 days after the Grantee's request and the following procedures shall govern: Form RD3570-3 Ifsoi instructed ori if disposition instructions are not issued within 120 calendar days after the Grantee's request, the Grantee shall sell the equipment and reimburse the Agency an amount computed by applying to the sales proceeds the percentage of Federal participation in the cost of the original project or program. However, the Grantee shall be permitted to deduct and retain from the Federal share 10 percent oft the proceeds or $500, whichever is less, for the Grantee's selling Ifthe Grantee is instructed to ship the property elsewhere, the Grantee shall be reimbursed by the benefiting Federal agency with an amount which is computed by applying the percentage oft the Grantee participation in the cost oft the original grant Project or program to the current fair market value oft the equipment plus any reasonable shipping or interim storage Ifthe Grantee is instructed to otherwise dispose oft the equipment, the Grantee shall be reimbursed by the Agency for such costs incurred ini its disposition. and handling expenses. costs incurred. d. The Grantee's property management standards for equipment shall be in accordance with 20 CFR $ 200.313 and shall include: Property records which accurately provide for: a description of the equipment; manufacturer's serial number or other identification number; acquisition date and cost; source oft the equipment; percentage (at the end of budget year) of Federal participation in the cost oft the Project for which the equipment was acquired; location, use, and condition oft the equipment and the date the information was reported; and ultimate disposition data including sales price, or the method used to determine current fair market value ifthe Grantee reimburses the Agency fori its ii. Ap physical inventory of equipment shall be taken, and the results reconciled with the equipment records at least once every two years to verify the existence, current utilization, and continued need for the equipment. iii. Ad control system shall bei in effect to ensure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft of equipment shall be investigated and fully documented. iv. Adequate maintenance procedures shall bei implemented tol keep the V. Proper sales procedures shall be established for unneeded equipment which would provide for competition to the extent practicable and result in the share. equipment in good condition. highest possible return; 7 Form RD3570-3 9. Earned Interest. Grantee agree to account for and to return to Agency interest earned on grant funds pending their disbursement for program purposes when the Grantee is a unit of local government. States and agencies or an instrumentality ofa State shall not be held accountable for interest earned on Grant Funds pending their disbursement. 10. Record Retention and Access. You must retain records related to this work performed under this Agreement and allow access to them in accordance with 2C.F.R. $200.333-337. 11. Closeout. You must comply with the closeout requirements in 2C.F.R. $200.344. 12. Post-Closeout Adjustments and Continuing Responsibilities. You must continue to comply with the requirements in 2C.F.R. $ 200.345 even after the 13. Cost Principles. You must comply with the provisions in 2C.F.R. Part 200, Period of Performance for this Agreement has ended. Subpart E. 14. Audits. You must comply with the provisions in 2 C.F.R. Part 200, Subpart F. 15. Civil Rights Compliance. Unless otherwise provided in the addendum, you must comply with Executive Order 12898, Executive Order 13166- Limited English Proficient, the Americans with Disabilities Act of 1990, Title VIofthe Civil Rights Act of 1964, and Section 504 oft the Rehabilitation Act of 1973 as applicable. You must make the public facility or services available to all persons in the Grantee's service area without discrimination as to race, color, religion, sex, national origin, age, marital status or physical or mental disability at reasonable rates, including assessments, taxes, or fees. You may make modifications as long as they are reasonable and nondiscriminatory. Your compliance shall include collection and maintenance of data on race, sex, and national origin of your membership, ownership, and employees. This data must be available to us for Civil Rights Compliance Reviews. You must submit to a post-award compliance review conducted after the final disbursement of grant 16. Execute Agreements. The Grantee will execute any agreements required by the Agency which the Grantee is legally authorized to execute. Ifany such agreement has been executed by the Grantee as a result ofa loan being made to the Grantee by the Agency contemporancously with the making ofthis grant, that agreement applies equally to the grant and another identical agreement funds has occurred. need not be executed in connection with this grant. 8 Form RD3570-3 17. Universal Identifier and Central Contractor Registration. The Grantee must have a Unique Entity ID number in order to apply for, receive, and report onal Federal award. Additionally, the Grantee must comply with the additional requirements set forth in Attachment C regarding the Unique Entity ID Requirements and the Central Contractor Registry (CCR) Requirements found at2CFR) Part 25, including Appendix A. For the purposes oft this Agreement, "you" in Attachment B shall mean "Grantee" as defined hereunder; 18. Federal Funding Accountability and Transparency Act. The Grantee is responsible for complying with all requirements oft the Federal award. Forall Federal awards, this includes the provisions oft the Federal Funding Accountability and Transparency Act (FFATA), which includes requirements on executive compensation, and also requirements implementing the Act for the Grantee at 2 CFR Part 25 Financial Assistance Use ofUniversal Identifier and Central Contractor Registration and 2 CFR Part 170 Reporting Subaward and Executive Compensation Information. See also statutory requirements for whistleblower protections at 10 U.S.C. 2409, 41 U.S.C. 4712, 10U.S.C. - 2324, 41 U.S.C. 4304 and 4310. See also 2 C.F.R. $ 200.11-200.113. 19. Not encumber, transfer or dispose oft the property or any part thereof, furnished by the Agency or acquired wholly or inj part with Agency funds without the written consent of the Agency except as provided in paragraph 8(c). 20. Not duplicate other Project purposes for which monies have been received, are committed, or are applied to from other sources (public or private). B. Rural Housing Service (RHS). RHS has agreed to give the Grantee the grant funds, subject to the terms and conditions established by RHS. Provided, however, that any grant funds actually advance and not needed for grant purposes shall be returned immediately to RHS. RHS may terminate the grant in whole, or in part, at any time before the date of completion, whenever it is determined that the Grantee has failed to comply with the conditions of this Agreement or the applicable regulation. RHS shall remain in compliance with all applicable laws, regulations, Executive Orders, and other generally applicable requirements for the duration of the Agreement. The most commonly-relerenced provisions are 1.1 Payments. We will advance or reimburse funds up to the Award Amount identified in Section 1.9 upon the Grantee's proper request according to Section 2. Monitoring and Enforcement. We will monitor the project to ensure that you are in compliance with the terms oft the award. Ifwe find that you are not in identified below. II.A.1.c. Form RD3570-3 compliance, we will enforce the terms oft this Agreement using the provisions of a. Will assist Grantee, within available appropriations, with such technical assistance as Agency deems appropriate inj planning the Project and coordinating the plan with local official comprehensive plans for essential community facilities and with any State or area plans for the area in which 2C.F.R. $ 200.338-.342. the project is located. b. Ati its sole discretion and at any time may give any consent, deferment, subordination, release, satisfaction, or termination of any or all ofGrantee's grant obligations, with or without valuable consideration, upon such terms and conditions as Agency may determine to be (I)advisable to further the purpose oft the grant or to protect Agency's financial interest therein and (2) consistent with both the statutory purposes ofthe grant and the limitations of the statutory authority under which it is made. 3. Termination ofThis Agreement. This Agreement may be terminated for cause in the event of default on the part of the Grantee or for convenience oft the Agency and Grantee prior to the date of completion ofthe grant purpose. Termination for convenience will occur when both the Grantee and Agency agree that the continuation of the Project will not produce beneficial results commensurate with the further expenditure of funds. In all cases termination and notification will be in accordance with 2 C.F.R. $ 200.339 and 200.340. .Bothl Parties. The Grantee and RHS agree to the following: 1. Invalid Clauses. The invalidity of any one or more phrases, clauses, sentences, paragraphs, or provisions ofthis Agreement shall not affect the remaining 2. Conflict between this Agreement and Other Applicable Regulations or Laws. Ifthere is a conflict between this Agreement and the applicable Program Regulation, the applicable Program Regulation shall prevail. Iftherei isa conflict between this Agreement and another law or regulation, RHS shall seek 3. Dates. When the date fixed for the performance of an act under this Agreement ison a weekend or Federal holiday, then the performance by the close of business on the next Federal work day shall have the same force and effect as if portions of the Agreement. al legal opinion to determine which provision applies. made performed or exercised on the specified date. 10 Form RD3570-3 The signatories below certify that they have authority to enter into this Agreement. Approved by an Authorized Representative oft the Grantee: William Elmore, Jr. Name (Please Print) Mayor Title (Please Print) Signature 8/27/2024 Date Approved by the United States of America, Rural Housing Service by: Tobais Fullwood Name (Please Print) Area Specialist Title (Please Print) Signature 8/27/2024 Date 11 Form RD3570-3 Attachment A Approved Work Plan and Budget (The work plan must have time, scope, and outcome entries for each task.) 12 Form RD3570-3 ATTACHMENTI B . Reporting Executive Compensation. A. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each ofy your five most highly compensated executives for the preceding completed fiscal year, if: a. the total Federal funding authorized to date under this award is $25,000 or more; b. int the preceding fiscal year, you received 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2CFR 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); The public does not have access to information about the compensation oft the executives through periodic reports filed under section 13(a) or 15(d) oft the Securities Exchange Act of1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 oft the Internal Revenue Code of 1986. (To determine ifthe public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at AnsegoanwgVORMeréRcomPAmp 2. Where and when to report. You must report executive total compensation described in b. By the end of the month following the month in which this award is made, and annually paragraph b.1.c oft this award term: a. As part ofy your registration profile at htp/www.cer.gov. thereafter. B. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided inj paragraph d. ofthis award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each oft the subrecipient's five most highly compensated executives a. int the subrecipient's preceding fiscal year, the subrecipient received- - for the subrecipient's preceding completed fiscal year, if . 80 percent or more ofits annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. $ 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and b. Thej public does not have access to information about the compensation oft the executives through periodic reports filed under section 13(a) or 15(d) ofthe Securities Exchange Act of1934( (15 U.S.C. 78m(a), 78o(d)) or section 6104 oft the Internal Revenue Code of 1986. (To determine ifthe public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at p.hrwseegowamsweréaxcomphm, 13 Form RD3570-3 2. Where and when to report. You must report subrecipient executive total compensation b. By the end ofthe month following the month during which you make the subaward. For example, ifas subaward is obligated on any date during the month of October ofa given year (ie., between October 1 and 31), you must report any required compensation information oft the subrecipient by November 30 ofthat year. described inj paragraph c.l.ofthis award term: a. To the recipient. Exemptions. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: 1. Subawards, and 2. The total compensation of the five most highly compensated executives of any subrecipient. D. Definitions. For purposes oft this award term: 1. Entity means all oft the following, as defined in 2CFR part 25: . Ad domestic or foreign nonprofit organization; d. Ad domestic or foreign for-profit organization; a. AGovernmental organization, which is a State, local government, or Indian tribe; b. Af foreign public entity; e. AFederal agency, but only as a subrecipient under an award or subaward to a 2. Executive means officers, managing partners, or any other employees in management a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that b. The term does not include your procurement of property and services needed to carry C. Asubaward may be provided through any legal agreement, including an agreement that . non-Federal entity. positions. 3. Subaward: you as the recipient award to an eligible subrecipient. out the project or program. you or a subrecipient considers a contract. 4. Subrecipient means an entity that: a. Receives a subaward from you (the recipient) under this award; and b. Isaccountable to you for the use ofthe Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for b. Awards ofstock, stock options, and. stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised Earnings for services under non-equity incentive plans. This does not include group. life, health, hospitalization or medical reimbursement plans that do not discriminate in favor ofexecutives, and are available generally to all salaried employees. d. Change in pension value. This is the change inj present value of defined benefit and Above-market earnings on deferred compensation which is not tax-qualified. Other compensation, ift the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalfofthe employee, perquisites or property) for the executive exceeds $10,000. more information see 17C.F.R. $ 229.402(c)(2)): a. Salary and bonus. 2004)(FAS 123R), Shared Based Payments. actuarial pension plans. 14 Form RD3570-3 ATTACHMENTC . System for Award Management and Universal Identifier Requirements A. Requirement for Registration with the General Services Administration's System for Award Management. Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency ofy your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently ifrequired by changes in your information or another award term. B. Requirement for Unique Entity ID Numbers. The Grantee must have a Unique Entity ID number in order to apply for, receive, and report ona a Federal award. The DUNS Number is no longer valid for federal award identification. On April 4, 2022, the Unique Entity ID from SAM.gov is now the authoritative identifier for those doing business with the federal government. C. Definitions. For purposes of this award term: 1. System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently 2. The Unique Entity ID from SAM.gov is now the authoritative identifier for those doing business with the federal government. The Unique Entity ID is generated in SAM.gov. If you are registered in SAM.gov (active or not), you already have a Unique Entity ID. Itis viewable at SAM.gov. Ifyou are new to SAM.gov and will be registering for the first time, 3. Entity, as iti is used in this award term, means all oft the following, as defined at 2CFR part a. A Governmental organization, which is a State, local government, or Indian Tribe; at! ntp/www.samgoy. you will get your Unique Entity ID (SAM) during registration. 25, subpart C: b. Af foreign public entity; C. Adomestic or foreign nonprofit organization; d. Adomestic or foreign for-profit organization; and e. AFederal agency, but only as a subrecipient under an award or subaward to a non- a. This term means a legal instrument to provide support for thej performance of any portion of the substantive project or program for which you received this award and b. The term does not include your procurement of property and services needed to carry As subaward may be provided through any legal agreement, including an agreement that Federal entity. 4. Subaward: that you as the recipient award to an eligible subrecipient. out the project or program. you considera contract. 15 USDA Form RD1 1940-1 (Rev. 06-10) 1.CASE NUMBER ST CO BORROWERI ID 38-043-*****1214 2.BORROWERI NAME City of Dunn Po Box 1065 Dunn 6.RACE/ETHNIC CLASSIFICATION 1-WHITE -BLACK 5-API 3-AIIAN 6 1-MALE 2-FEMALE -PUBLICBODY 14. DIRECTI PAYMENT (SeeF FMI) 2 17. COMMUNITY SIZE 1-100 000 ORL LESS (FOR SFHAND 2-0 OVER 10,000 HPG ONLY) 19. TYPE OF ASSISTANCE 075 (SeeFMI) 23. TYPE OF SUBMISSION 1-INITIAL 2-SUBSEQUENT 2 26. AMOUNT OF IMMEDIATE, ADVANCE 30. PROFIT TYPE 1-FULLPROFIT 3-NONPROFIT 31. DISASTER DESIGNATION NUMBER 33. OBLIGATION DATE MO DA YR FORM APPROVED OMBI No. 0570-0062 REQUEST FOR OBLIGATION OF FUNDS INSTRUCTIONS-IYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED( Complete Items 1 through 29 and applicable Items 301 through 34. See FMI. LOAN NUMBER 3.NUMBERI NAME FIELDS (1.2.or3from) ltem2 2) 4.STATE NAME North Carolina 5.COUNTY NAME Harnett 8.C COLLATERAL CODE 1-REALE ESTATE SECURED 2-REAL ESTATE S-LIVESTOCKONLY CROPSONLY ANDCHATTEL 7-SECUREDBY BONDS CHATTELONLY ACCT 12. VETERAN CODE YES 16. FEEI INSPECTION 2-NO -YES 2 18. USE OF FUNDS CODE (SeeFMI) 21. SOURCE OF FUNDS FISCAL YEAR 2024 GENERAL BORROWER/LOAN INFORMATION 7.TYPE OF APPLICANT INDIVIDUAL ORG. OF! 4-HISPANIC CORPORATION NONPROFITF FAITHBASED PUBLICB BODY 9- INDIANT TRIBE ASSOC. OF 10-PUBLIC COLLEGEUNIVERSITY FARMERS 11-OTHER MALI OWNED 1-MARRIED 3-UNMARRIED (INCLUDES 2-SEPARATED WWIDOWEDDIVORCED) 2-NO 15.1 TYPE OF PAYMENT -MONTHLY 3-SEMEANNUALLY 2 9. EMPLOYEE RELATIONSHIP CODE 1-EMPLOYEE 2-MEMBERC OFFAMILY -CLOSEF RELATIVE ASSOC. 13. CREDIT REPORT LNES 10. SEX CODE -FAMILYUNIT ORGAN MALE OWNED 11.MARITAL STATUS COMPLETE FOR OBLIGATION OF FUNDS 20. PURPOSE CODE 8 22. TYPE OF ACTION 3-CORRECTIONOF OBUIGATIONCHECKF REQUEST 24. AMOUNT OF LOAN $175,000.00 27.DATE OF APPROVAL MO DAY YR 25. AMOUNT OF GRANT 28. INTEREST RATE 29. REPAYMENT TERMS 4% 5 COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULT TIPLE-FAMILY! HOUSING LOANS COMPLETE FOR EMI LOANS ONLY FINANCE OFFICE USE ONLY COMPLETE FOR CREDIT SALE-ASSUMPTION ASSUMPTION ONLY 1-CREDITS SALEONLY 3-CREDIT SALEV WITH SUBSEQUENT LOAN COMPLETE FOR FPI LOANS ONLY 34. BEGINNING FARMERIRANCHER (SeeF FMI) 32.TYPE OF SALE (SeeFMI) ASSUMPTION LOAN Ifihed decisione containede abovei ini this formen resulisin indenial, reductiono ore cancellatione OfUSDAa assistance youn mays appealn thisa decisiona andhavea ahearing or) youn may requestarevieri inl lieno ofahearing ORIGINAL: Borrower's Case Folder COPY1-Finance Office COPY2-Aplcanvlemder COPY3-State Office Acconlingn o1 the Papervork! Reduction Mcrof! 1995. anagency may note condcte ors sponsor, anlapersoni isnol mpemylmsahawe ofinformationi unlessi itdisplaysas validoMB controln mmber Thes valid OMB control mmmber ford thisi informatione collectioni 0570-0062. Then time requiredi 1oc complete thisi informatione collectioni is estimatedioa average 15mimtes pern response, inchidingn the time) forreviewingi instnactions, Pleasen use she forms wel haei inchidedforn thisp purpose. Position2 searchinge existing dalas sources. gathering andmaimaining thec dataneeded. ande completing andn reviewing thes collectione efinformation. CERTIFICATION APPROVAL For AIl Farmers Programs EM,OL, FO, and SWI Loans This loan is approved subject tot the availability of funds. Ifthis loan does not close fora any reason within 90 days from the date ofapproval on this document, the approval official will request updated eligibility information. The undersigned loan applicant agrees that the approval official willl have 14 working days to review any updated information prior to submitting this document for obligation of funds. Ifthere have been significant changes that may affect eligibility, a decision as to eligibility and feasibility willl be made within 30 days from the time the applicant provides the necessary information. Ifthis is al loan approval for which a lien and/or title search is necessary, the undersigned applicant agrees that the 15-working-day loan closing requirement may be exceeded for the purposes oft the applicant's legal representative Loan and Grant approval subject to meeting all requirements of the processing checklist, Letter of Conditions, Office of General Counsel Loan Closing Instructions and the attached Community Facilities Grant Agreement conditions. 36. IHEREBY CERTIFY that am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in or near my community for loans fors similar purposes and periods of time. lagree to use the sum specified herein, subject to andi in accordance with regulations applicable to the type of assistance indicated above, and request payment ofs such sum. agree to report to USDA any material adverse changes, financial or otherwise, that occur prior to loan closing. Icertify that no part of the sum specified herein has been received. Ihaver reviewed the loan approval requirements and comments associated with this loan (For FPI loans at eligible terms only)1 Ifthis loani is approved, Ielect the interest rate tol be charged on my loan tol be the lower oft the interest rate in effect at the time ofl loan approval or loan closing. IfI check' "NO", the interest rate charged on my completing title work and completing loan closing. 35. COMMENTS ANDI REQUIREMENTS OF CERTIFYINGOFFICIAL request and agree to comply with these provisions. loan will be the rate specified in Item 28 oft this form. YES NO WARNING: Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up! by any trick, scheme, or device ar material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious ori fraudulent statement or entry, shall be fined under this title ori imprisoned not more than five years, or both." Date August 27 20 24 20. William Elmore, Jr. - Mayor (Signature of Applicant) (Signature ofCo-Applican!) Date 37. IHEREBY CERTIFY that all of the committee and administrative determinations and certifications required by regulations prerequisite to providing assistance of the type indicated above have been made and that evidence thereofi is in the docket, and that all requirements of pertinent regulations have been complied with. Ihereby approve the above-described. assistance in the amount set forth above, and by this document, subject tot the availability of funds, the Government agrees to advance such amount to the applicant for the purpose of and: subject to the availability prescribed by regulations applicable tot this type of assistance. (Signature of Approving Official) Typed or Printed Name: Reginald Speight Date Approved: Title: State Director 38. TOTHE APPLICANT: As oft this date this is notice that your application for financial assistance from the USDA has been approved, as indicated above, subject to the availability of funds and other conditions required by the USDA. Ifyoul have any questions contact the appropriate USDA Servicing Office. "The grantee understands the requirements for receipt of funds under the Community Facilities Grant Program. The grantee assures and certifies that it is in compliance with all applicable laws, regulations, Executive Orders, and other applicable requirements, including those set forth in Form RD 3570-3, 7 CFR parts 3015, 3016, or 3019 as subsequently modified, and the letter of conditions. The following conditions may apply if CFG funds were used to purchase "The grantee understands that any property acquired or improved with Federal grant funds may have use and disposition conditions which apply to the property as provided by 7 CFR parts 3015, 3016, or 3019 in effect at this time and as may "The grantee understands that any sale or transfer of property is subject to the interest of the United States Government in the market value in proportion to its participation in the project as provided by 7 CFR parts 3015, 3016, or 3019 in equipment or obtain or improve real property: be subsequently modified." effect at this time and as may be subsequently modified." Hwordlmportant DocumentsAtachment to 1940-1 (Grant Request).doc USDA Form RD1 1940-1 (Rev. 06-10) 1.CASE NUMBER ST CO BORROWERID 38-043-***-*1214 2.BORROWERI NAME City of Dunn PO Box 1065 Dunn 6.R RACE/ETHNIC CLASSIFICATION 1-WHITE 2-BLACK 5-API 3-AIIAN 1-MALE 2-FEMALE 14. DIRECT PAYMENT (See FMI) 17. COMMUNITY SIZE 1-10O0OORLESS (FOR SFHAND 2-OVER 10,000 HPG ONLY) 19. TYPE OF ASSISTANCE 303 (SeeFMI) 23. TYPE OF SUBMISSION 1-INITIAL 2-SUBSEQUENT 2 26. AMOUNT OF IMMEDIATE. ADVANCE 30. PROFIT TYPE 1-FULLPROFIT 3-NONPROFIT 31. DISASTER DESIGNATION NUMBER 33. OBLIGATION DATE MO DA YR REQUEST FOR OBLIGATION OF FUNDS FORM APPROVED OMB No. 0570-0062 INSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED( Complete Items 11 through 29 and applicable Items 30 through 34. See FMI. LOAN NUMBER FISCAL YEAR 2024 3.N NUMBER NAME FIELDS (1,2or3from) liem2 2) 4.STATE NAME North Carolina 5.COUNTY NAME Harnett 8.COLLATERAL CODE SECURED 2-REALE ESTATE 5-LIVESTOCKONLY CROPSONLY ANDCHATTEL 7-SECUREDBY BONDS CHATTELONLY -RLFA ACCT 12.VETERAN CODE 2-NO 16. FEE INSPECTION 2-NO -YES 2 18. USE OF FUNDS CODE (SeeFMI) 21. SOURCE OF FUNDS GENERAL BORROWERILOAN INFORMATION 7.TYPE OF APPLICANT ORG. OF FARMERS CORPORATION PARTNERSHIP NONPROFITF FAITHBASED BODY 10-PUBLICO TRIBE ASSOC. OF 11-OTHER 1-MARRIED 3-UNMARRIED (INCLUDES -YES 2-SEPARATED WWIDOWEDDIVORCED) 15. TYPE OF PAYMENT MONTHLY 3-SEMI ANNUALLY 9.E EMPLOYEE 1-EMPLOVEE 2-MEMBEROFFAMILY 3-CLOSER RELATIVE 4-ASSOC. 13. CREDIT REPORT -YES 2-NO 1-REAL ESTATE MACHINERY ONLY RELATIONSHIP CODE 10. SEX CODE FAMILY UNIT MALES OWNED 11.MARITAL STATUS COMPLETE FOR OBLIGATION OF FUNDS 20. PURPOSE CODE 8 22. TYPE OF ACTION 1-OBLIGATION 3-CORRECTIONOF OBLIGATIONCHECKI OBLIGATION REQUEST 24. AMOUNT OF LOAN 27.DATE OF APPROVAL MO DAY YR 25. AMOUNT OF GRANT 20,000 0% 28. INTEREST RATE 29. REPAYMENT TERMS COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULTIPLE-FAMILYI HOUSING LOANS COMPLETE FOR EM LOANS ONLY FINANCE OFFICE USE ONLY COMPLETE FOR CREDIT SALE-ASSUMPTION COMPLETE FORI FPI LOANS ONLY 32.TYPE OF SALE (SeeF FMI) 1-CREDIT SALEONLY 3-CREDITS SALEV WITHS 34. BEGINNING FARMERIRANCHER (SeeFMI) LOAN -ASSUMPTI WITH LOAN lfuhea decision containeda abovei inu this/ formn resultsi indenial, Please usen the) formy wel hare inchdedforr thisp purpose. ore cancellatione fUSDA assistance, joun mays appeal uhisd decisione andhave ahearing oryoun may requestarevieri inl lierro ofahearing. Position2 ORIGINAL Borrower's Case Folder COPY1-Finance Office COPY2-Aplcanvlemnder COPY3- State Office Acconding lo thel Papenvork Reduction. Actofl 1995, and agency may mofo condiucte orx sponsor. andapersoni isnotr requiredion meyponliacollction ofinformationt unlessi itdisplaysa salidOMBe controlr mmber. Thes valid OMB control mmmber) ford thisi informatione collectioniso 0570-0062. Then time required loc compleie thisi informatione collectioni ise estimatedioa average 15mintesy pern response, inchding then time/ forn reviewing instnictions. searchinge existing datas sources gatheringe andn maintaining thea dataneeded. ando completinge andn revieving whee collection ofinformation CERTIFICATION APPROVAL For All Farmers Programs EM,OL, FO, and SW Loans This loan is approved subject tot the availability of funds. Ifthis loan does not close for any reason within 90 days from the date of approval on this document, the approval official will request updated eligibility information. The undersigned loan applicant agrees that the approval official willl have 14 working days tor review any updated information prior tos submitting this document for obligation of funds. Ifthere have been significant changes that may affect eligibility, a decision ast to eligibility and feasibility will be made within 30 days from the time the: applicant provides the necessary information. Ifthis is al loan approval for which al lien and/or titles search is necessary, the undersigned applicant agrees that the 15-working-day loan closing requirement may be exceeded for the purposes of the applicant's legal representative Loan and Grant approval subject to meeting all requirements of the processing checklist, Letter of Conditions, Office of General Counsel Loan Closing Instructions and the attached Community Facilities Grant Agreement conditions. 36. IHEREBY CERTIFY that I am unable to obtain: sufficient credit elsewhere to finance my actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in or near my community for loans fors similar purposes andj periods of time. Iagree to use the sum specified herein, subject to and in accordance with regulations applicable tot the type of assistance indicated above, and request payment of such sum. agree to report to USDA any material adverse changes, financial or otherwise, that occur prior to loan closing. Icertify that no part of thes sum specified herein has been received. Ihave reviewed the loan approval requirements and comments associated with this loan (For FP loans at eligible terms only) Ifthis loani is approved, Telect the interest rate tob be charged on my loan tol be the lower oft the interest rate ine effect att thet time ofl loan approval orl loan closing. IfI check' "NO", the interest rate charged on my completing title work and completing loan closing. 35. COMMENTS ANDI REQUIREMENTSOF CERTIFYINGOFFICIAL request and agree to comply with these provisions. loan willl be the rate specified inl Item 28 oft this form. YES NO WARNING: Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device ar material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title ori imprisoned not more than five years, or both." Date August 27 20. 24 20. William Elmore, Jr. - Mayor (Signature of Applicant) (Signature ofCo-Applicant) Date 37. IHEREBY CERTIFY that all oft the committee and administrative determinations and certifications required by regulations prerequisite to providing assistance of the type indicated above have been made andt that evidence thereof is in the docket, and that all requirements of pertinent regulations have been complied with. hereby approve the above-described assistance in the amount set forth above, and by this document, subject to the availability of funds, the Government agrees to advance such amount to the applicant for the purpose of and subject to the availability prescribed by regulations applicable tot this type of assistançe. (Signature of Approving Oficial) Typed or Printed Name: Reginald Speight Date Approved: Title: State Director 38. TOTHE. APPLICANT: As of this date thisi is notice that your application for financial assistance from the USDA has been approved, asi indicated above, subject tot the availability of funds and other conditions required by the USDA. Ify youl have any questions contact the appropriate USDA Servicing Office. "The grantee understands the requirements for receipt of funds under the Community Facilities Grant Program. The grantee assures and certifies that it is in compliance with all applicable laws, regulations, Executive Orders, and other applicable requirements, including those set forth in Form RD 3570-3, 7 CFR parts 3015, 3016, or 3019 as subsequently modified, and the letter of conditions. The following conditions may apply if CFG funds were used to purchase "The grantee understands that any property acquired or improved with Federal grant funds may have use and disposition conditions which apply to the property as provided by 7 CFR parts 3015, 3016, or 3019 in effect at this time and as may "The grantee understands that any sale or transfer of property is subject to the interest of the United States Government in the market value in proportion to its participation in the project as provided by 7 CFR parts 3015, 3016, or 3019 in equipment or obtain or improve real property: be subsequently modified." effect at this time and as may be subsequently modified." Hwordlmportant Documents/Alachment to 1940-1 (Grant Request).doc USDA-RD Form RD4 442-7 (Rev.3-02) Name Dunn, City of Appicantriscalyear From OPERATINGI INCOME 1. Total Revenue 2. 3. 4. 5.N Miscellaneous 6. Less: Allowances and Deductions 7.Total Operating Income (Addlines/through6 OPERATING EXPENSES 8. Total Expense 9. 10. 11. 12. 13. 14. 15. Interest/RD) 16. Depreciation 17.Total Operating Expense (AddI lines 8through 16) 18.NET OPERATING INCOME (LOSS) (Line; 7less 17) NONOPERATINGI INCOME Position3 OPERATING BUDGET Form Approved OMBI No. 0575-0015 Exp Date 12/31/2024 Schedule1 Address POI Box 1065 County Harnett 20 20 (2) (3) Dunn, NC: 28335- SatelndudingZPcade, NC28335- 20 24 (4) 13,828,587 To 20 (1) First Full Year (5) 14,000,000 13,828,587 12,042,109 14,000,000 12,663,490 236,358 750,000 13,028,467 800,120 260,552 800,000 13,724,042 275,958 19. 20. 21.Total Nonoperating Income (AddLines 19and20) 22. NETI INCOME (LOSS) (AddLines 18and2lTransfer toLineASchedule. 2) 800,120 275,958 8/27/2024 Date 8/27/2024 Date Budget and Projected Cash Flow Approved by Governing Body Attest: Melissa Matti, Interim City Clerk William Elmore, Jr.,7 Mayor Accordingt tot theF Paperwork ReductionA Actofl 1995, anagency mayr noto conductors sponser, andapersoni isnotn requiredtore respond toacollection ofinformationt unlessi ito displays avalid OMBcontrol number. Thev valido OMBO controlnumbert fort thisi information collectionis 0575-0 0015, Thet timer requiredto complete thisi informationd collectionise estimatedtod averages Shoursp perr response, incudingt the timef forn reviewingi instructions, searchinge existing datas sources, gathering andi maintaining thec datar needed, andcompleting andreviewing thec collection ofinformation. Schedule2 First 275,958 800,000 PROJECTEDCASHFIOW 20 20 20 20 24 Fully Year 800,120 750,000 198,000 A.Line 221 from Schedule 11 Income (Loss) Add B.I Items in Operations not Requiring Cash: 1.Depreciation (Line 16, Schedule 1) 2.Others: C.Cash Provided from: 1.Proceeds from RDI loan/grant 2.F Proceeds from others 3.Increase (Decrease) in Accounts Payable, Accruals and other Current Liabilities 4.Decrease (Increase) in Accounts Receivable, inventories and Other Current AssetsExclude Cash) 5.Other: 6. D.Total all A,E Band Cltems E. Less: Cash Expended for: (Loan and grant funds) Equipment 3.Principal Payment RDLoan 4.F Principal Payment Other Loans 5. Other: 6.TotalE1throughs Add F.Beginning Cash Balances 1,748,120 198,276 1,075,958 1.All Construction, Equipment and New Capital Items 2. Replacement and Additions tol Existing Property, Plant and 32.311 913,569 1,025,810 1,111,845 1,058,121 5.949.935 5,949.935 6,586.210 5,949,935 6,586,210 6,604,047 G.Ending Cash Balances (TotdlofDminus! E6p plusF) Item G Cash Balances Composed of: Construction Account Revenue Account Debt Payment Account 0&M Account Reserve Account Funded Depreciation. Account Others: Total- Agrees with Item G 1,206,517 1,149,927 1,317,189 1,849,806 2,416.874 2,015,875 2,633,221 2,754,409 3,000,983 0.00. 5,952,935.00 6,586,210.00 6,604,047.00 263.391 265,000 270,000 BUDGET ATTACHEMNT Income Detail Year3_0 Year4_2024 0.00 0.00 0.00 0.00 0.00 13,828,587 Income Source Miscellaneous Less: Allowances and 0.00 Total Revenue TOTALS Year1o 0.00 0.00 Year2_0 0.00 0.00 0.00 First Full Year 0.00 0.00 14,000,000 13,828,587.00 14,000,000.00 Expense Detail Year4_2024 236,358.00 750,000.00 13,028,467 Expense Source Year1_0 Interest Total Expense 0.00 TOTALS Year2_0 0.00 0.00 0.00. Year3_0 0.00 0.00 0.00 First Full Year 260,552.00 800,000.00 13,724,042 0.00 0.00 12,042,109.00 12,663,490.00 NC Instruction 1942-A & 1942-C Guide 8 (9/97) REQUEST FOR LOWER INTEREST RATE Applicant: City of Dunn Project: Loan Amount: 2024- Water and Sewer Equipment $175.000.00 Ihereby request the interest rate oft the referenced loan be the lower oft the rate in effect at the time ofl loan approval or the time of loan closing. ELMORE WILLIAMS, JR. MAYOR (Title) Form RD 400-1 (Rev. 8-22) FORM APPROVED OMB No. 0575-0201 Exp. Date: 07/31/2025 UNITEDSTATES DEPARTMENT OF AGRICULTURE OUALOFFOKIUNIT AGREEMENT This agreement, dated City of Dunn witnesseth: 08-27-2024 between (herein called' "Recipient" whether one or more) and United States Department of Agriculture (USDA), pursuant to the rules and regulations of the Secretary ofLabor (herein called the Secretary')i issued under the authority of Executive Order 11246 as amended, In consideration of financial assistance (whether by al loan, grant, loan guaranty, or other form of financial assistance) made or to be made by the USDA tol Recipient, Recipient hereby agrees, ifthe cash cost of construction work performed by Recipient or a construction contract financed with such financial assistance exceeds $10,000 unless exempted by rules, regulations or orders ofthe Secretary of 1.1 Toi incorporate or cause tol be incorporated into any contract for construction work, or modification thereof, subject to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in whole ori inj part (a) The contractor will not discriminate against any employee or applicant for employment because ofr race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion ort transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalfo of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex orI national origin. (c) The contractor will send to each labor union or representative of workers with which he has ac collective bargaining agreement or other contract or understanding, ar notice, to be provided by the USDA, advising the said labor union or workers' representative oft the contractor's commitments under this agreement and shall post copies of the notice in conspicuous places (d) The contractor will comply with all provisions of Executive Order 11246 of September 24,1965, and ofa all rules, regulations (e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the USDA Civil Rights Office, andt the Secretary ofLabor for purposes ofi investigation to ascertain compliance with such rules, (f) In the event oft the contractor's noncompliance with the nondiscrimination clauses of this contract or with any oft the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole ori inj part and the contractor may be declared ineligible for further Government contracts ort federally assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order oft the Secretary of (g) The contractor will include the provisions of paragraph 1 and paragraph (a) through (g) in every subcontract or purchase order, unless exempted by the rules, regulations, or orders oft the Secretary ofLabor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, sot that such provisions will be binding upon each subcontractor or vendor. The contractor willt take such action with respect to any subcontract or purchase order as the USDA may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with as subcontractor or vendor as a result ofs such direction by the USDA, the contractor may request the United States to enteri into such litigation to protect the interest ofthe United States. Labor issued pursuant to Section 204 ofl Executive Order 11246 of September 24, 1965. with the aid of such financial assistance, the following "Equal Opportunity Clause": During the performance oft this contract, the contractor agrees as follows: USDA setting forth the provisions oft this nondiscrimination clause. available to employees and applicants for employment. and relevant orders oft the Secretary ofLabor. regulations, and orders. Labor, or as otherwise provided by Law. According to the Paperwork Reduction. Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond t0, acollection ofi information unless it displays a valid OMB control number: The validOMB control mumbery for this information collections, is 0575-0018. The time requiredi to complete this information collection is estimated! to average 10 minutes per response, including the time) fori reviewing instructions, searching existing data: sources, gathering and maintaining the data needed, and completing andi reviewing the collection of information. Position6 6 RD 400-I(Rev.5-00) 2. To be bound by the above equal opportunity clause with respect toi its own employment practices wheni it participates ini federally assisted construction work: Provided, that ift the organization so participatingi is a State orl local government, the: above equal opportunity clause is not applicable to any agency, instrumentality or subdivision ofs such government which does not participate in 3. Tor notify allj prospective contractors to file the required Compliance Statement, Form RD 400-6, with their bids. 4. Form AD-425, Instructions to Contractors, will accompany the notice of award of the contract. Bid conditions for all nonexempt federal and federally assisted construction contracts require inclusion of the appropriate Hometown" or "Imposed" plan affirmative action and equal employment opportunity requirements. All bidders must comply with the bid conditions contained in the invitation to 5. To assist and cooperate actively with USDA and the Secretary in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, andi relevant orders oft the Secretary, that will furnish USDA and the Secretary such information such as, but notl limited to, Form AD-560, Certification of Nonsegregated Facilities, to submit the Monthly Employment Utilization Report, Form CC-257, as they may require for the supervision of such compliance, and that it will otherwise assist USDA in 6. Tor refrain from entering into any contract or contract modification subject tos such Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally assisted construction contracts pursuant to the Executive Order and will carry out suchs sanctions andj penalties for violation oft the equal opportunity clause as may be imposed upon contractors and subcontractors by USDA ort the Secretary ofLabor pursuant tol Part II, Subpart D, oft the 7. That ift ther recipient fails or refuses to comply with these undertakings, the USDA may take any or all ofthei following actions: Cancel, terminate, or suspend in whole or inj part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the organization under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from: such organization; and refer the case to the Department ofJ Justice for appropriate legal work on or under the contract. be considered responsible bidders and hence eligible for the award. the discharge ofUSDA's primary responsibility for securing compliance. Executive Order. proceedings. Signed by the Recipient on the date first written above. Recipient Recipient City of Dunn Name of Corporate Recipient (CORPORATE SEAL) Attest: By. Melissa Matti, Interim City Clerk William Elmore, Jr., Mayor USDA-RD Form RD 1910-11 (Rev.9-02) Position 3 RURALI DEVELOPMENT APPLICANT CERTIFICATION UNITEDSTATES DEPARTMENT OF AGRICULTURE FEDERAL COLLECTION POLICIES FOR CONSUMER OR COMMERCIAL DEBTS Thel Federal Government is authorized to check credit information about the applicant(s) including using the federal Credit Alert Interactive Voicel Response System (CAIVRS) ori its successors to check tos see ifthe applicant(s) are delinquent or in default on a Federal debt. Thel Federal Government is also authorized by law to take any or all of the following actions in the event your loan payments become delinquent or you default on your loan: Report your name and account information to a credit reporting agency, and the Credit Alert Interactive Voice Response Assess charges to cover additional administrative costs incurred by the government to service your account. System (CAIVRS). Assess interest and penalty charges for the period oft time that payment is not made. Offset amounts to be paid to you from your Federal income tax refund. Offset amounts to be paid to you under other Federal Programs. Refer your account to a private collection agency to collect the amount due. Foreclose on any security you have given for the loan. Pursue legal action to collect through the courts. Report any written off debt to the Internal Revenue Service as taxable income. executive branch oft the Federal Government for the period of debarment or suspension. Ifyou are ac current or retired) Federal employee, take action to offset your salary, or civil service retirement benefits. Debar or suspend you from doing business with the Federal Government either as a participant or principal throughout the Refer any debt that is delinquent to the Treasury Offset Program (TOP) in accordance with the Debt Collection Refer any eligible debt thati is delinquent to the Treasury for cross servicing in accordance with the Debt Collection Improvement Act of1 1996. Improvement Act of 1996. Garnish your wages as allowed by the Debt Collection Improvement Act of 1996. Any or all ofthese actions may be used to recover any debts owed when iti is determined to bei ini thei interest of the Government to do SO. CERTIFICATION: I/wel have read andl I/we understand the actions the Federal Government may take in the event that Iwe fail to meet my/our scheduled payments in accordance with the terms and conditions of my/our agreement. Iwe understand that the above list is not all inclusive and that the Federal Government may deem additional actions necessary to collect should I/we become delinquent. 08-27-2024 (Date) 08-27-2024 (Date) 08-27-2024 (Date) sgpature-ndvidul, Signatre-ndhvidhuat, City of Dunn (SEAL) (Name of Applicant) (Signature of Authorized Entity Official) (Title of Authorized Entity Official) ATTEST: William Elmore, Jr., Mayor PO Box 1065 Dunn, NC 28335- (Signature of Attesting Official) (Title of Attesting Official) (Address) (City, State, and Zip Code) Melissa Matti, Interim City Clerk RD 1910-11 (Rev. 9-02) FORM APPROVED OMB No. 0575-0201 Exp. Date: 07/31/2025 USDA Form RD 400-4 (Rev.08-22) Position3 ASSURANCE AGREEMENT (Under Title VI,Civil Rights Actof1964) The City of Dunn PO Box 1065 Dunn, NC28335- (name ofrecipient) (address) Asa condition of receipt of Federal financial assistance, you: acknowledge and agree that you must comply (and require any subgrantees, subrecipients, contractors, successors, transferees, and assignees to comply) with applicable provisions ofr national laws and policies prohibiting discrimination, including but not limited to: 1. Title VIofthe Civil Rights Act of 1964, as amended, which prohibits youi from discriminating on the basis ofr race, color, or national origin (42 U.S.C. 2000d ets seq.), and 7CFR Part 15,7CFR 1901, Subpart E. As clarified by Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service). guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [in accordance with USDA RDLEP Guidance for RDI Funded (Assisted) Programs). Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. You are encouraged to consider the need for language services for LEP persons served or encountered bothi in developing your budgets and in conducting your programs and activities. For assistance andi information regarding: your LEP obligations, go to 2. Titlel IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating on the basis of sex in education programs or activities (20 U.S.C. 1681 et seq.)asi implemented by 7CFR Part 15,7CFR 1901, Subpart 3. The Age Discrimination Act of 1975, as amended, which prohibits you from discriminating on the basis of age 4. Section 504 oft the Rehabilitation Act of 1973, as amended, which prohibits you from discriminating ont the basis of disability (29U.S.C. 794) [as implemented by 7CFR Part 15,7CFR Part 15b, 7CFR 1901, Subpart E); 5. Title VIII oft the Civil Rights Act, which prohibits you from discriminating in thes sale, rental, financing, and advertising ofdwellings, ori in the provision ofs services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42U.S.C.3 3601 et seq.), asi implemented by the Department of Housing and Urban Development at 24 CFR part 100." The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units, i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) be 6. Titles II and III oft the Americans with Disabilities Act, which prohibit you from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. SS 12131-12189), asi implemented by Department of. Justice regulations at28 htp/www.lep.goy: EJ; (42 U.S.C. 6101 ets seq.) [as implemented by 7CFR Part 15,7CFR 1901, Subpart EJ; designed and constructed with certain accessible features, see 24 CFRI Part 100.201;and C.F.R. parts 35 and 36, and 70 CFR Part 15,7CFR Part 15b,7CFR 1901, Subpart E. According lo1 thel Paperwork Reduction. Actof 1995, noy persons are requiredi to respondi loac collection ofi information unless it displays a validOMB control number. The validoMB control mmber for this information collectioni is 0575-0018. Ther time required 10 complete thisi information is estimated toa average 15 mimutes) per response, including the time! for reviewing instructions, searchinge existinga dalas sources, gathering andn maintaining thed data needed, ando completing andr (reviewing thec collection ofi information. You also acknowledge and agree that your must comply (and require any subgrantees, subrecipients, contractors, successors, transferees, and assignees to comply) with applicable provisions governing USDA Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service) access to records, accounts, documents, information, facilities, and staff: Yous must cooperate with any compliance review or complaint investigation conducted by USDA Rural Development Your must give USDA Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service) access to and the right to examine and copy records, accounts, and other documents and sources of information related tot the grant and permit access to facilities, personnel, and other individuals and information as may ber necessary, as required by Title VI, Title IX, Age, and Section 504 implementing regulations and other applicable 3. Your must keep such records and submit to the responsible Department official or designee timely, complete, and accurate compliance reports at such times, and in such form and containing such information, as the responsible Department official or his designee may determine to be necessary to ascertain whether you have complied or are Your must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed Make available to users, participants, beneficiaries and other interested persons such information regarding the provisions of this agreement and the regulations, and in such manner as the Rural Development or the U.S. Department of Agriculture finds necessary toi inform such persons of the protection assured them against discrimination. 6. If, during the past three years, you (the recipient) have been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, you must provide al list ofall such proceedings, pending or completed, including outcome and copies of settlement: agreements. 7. Int the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against you, or yous settle a case or matter alleging such discrimination, you must forward a copy of the complaint and findings to USDA Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service), Office of (Rural Housing Service, Rural Business and Cooperative Service, and] Rural Utilities Service). laws or program guidance. complying with relevant obligations. inj program guidance. Civill Rights. The United States has the right to seek. judicial enforcement of these obligations. You also acknowledge and agree that your must comply (and require any subgrantees, subrecipients, contractors, successors, transferees, and assignees to comply) with applicable provisions of program-specific. nondiscrimination policy requirements found at CFR Part 15, 7CFR Part 15b, 12CFR Part 202,7CFR 1901, Subpart E., DR4300-003, DR4330-0300, DR4330-005. Int the case of any service, financial aid, covered employment, equipment, property, or structure provided, leased, or improved with federal assistance extended to the Recipient by Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service), this assurance obligates the Recipient for the period during which federal assistance is extended. In the case of any transfer ofsuch service, financial aid, equipment, property, or structure, this assurance obligates the transferee for the period during which federal assistance is extended. Ifany personal property is so provided, this assurance obligates the Recipient for the period during which it retains ownership or possession oft the property. In all other cases, this assurance obligates the Recipient for the period during which the federal assistance is extended to the Recipient by Rural Development (Rural Where aj primary objective of the federal assistance is to provide employment or where the Recipient'se employment practices affect the delivery of services inj programs or activities resulting from federal assistance extended by Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service), thel Recipient agrees not to discriminate on the grounds ofr race, color, national origin, sex, age, or disability, in its employment practices. Such employment practices may include, but are not limited to, recruitment, advertising, hiring, layoff or termination, promotion, demotion, transfer, rates of pay, training and Period of Obligation Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service). Employment Practices participation in upward mobility programs; or other forms of compensation and use of facilities. Data Collection The Recipient agrees to compile and maintain information pertaining to programs or activities developed as a result of the Recipient's receipt of federal assistance from Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service). Such information shall include, but isi not limited to the following: (1) the manneri in which services are orwill be provided and related data necessary for determining whether any persons are or will be denied such services on the basis ofprohibited discrimination; (2) the population eligible to be served by race, color, national origin, sex, age, and disability; (3) data regarding covered employment including use or planned use ofbilingual public contact employees serving beneficiaries oft the program where necessary to permit effective participation by beneficiaries unable tos speak or understand English; (4) the location of existing or proposed facilities connected with the program and related information adequate for determining whether the location has or willl have the effect of unnecessarily denying access to any person on the basis of prohibited discrimination; (5) the present or proposed membership by race, color, national origin, sex, age and disability in any planning or advisory body which is anj integral part oft the program; and (6) any additional written data determined by Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and] Rural Utilities Service) tol be relevant to the obligation to assure compliance by recipients with laws Under penalty ofp perjury, the undersigned officials certify that they have read and understand their obligations as herein described, that the information submitted in conjunction with this Document is accurate and complete, and that the recipient is in compliance cited in this assurance: agreement. with the nondiscrimination requirements set out above. Rights and remedies provided for under this agreement shall be cumulative. Iny witness whereof, City of Dunn hereunto executed this agreement. on this (name ofrecipient) date has caused this agreement tol be executed by its duly authorized officers andi its seal affixed hereto, or, ifar natural person, has (SEAL) Recipient Date Title 8/27/2024 Attest: William Elmore,Jr., Mayor Melissal Matti, Interim City Clerk Title RD Instruction 1940-Q Exhibit A-1 CERTIFICATION FOR CONTRACTS, GRANTS AND LOANS The undersigned certifies, to the best of his or her knowledge and belief, 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant or Federal loan, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant or loan. will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant or loan, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance 3 The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including contracts, subcontracts, and subgrants under grants and loans) and that all This certification is a material representation of fact upon which reliance was placed when this transaction was made. or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. that: If any funds other than Federal appropriated funds have been paid or with its instructions. subrecipients shall certify and disclose accordingly. William Elmore. Jr. 08/27/2024 (date) (name) Mayor (title) 000 (08-21-91) PN171 USDA-Rural Development 2736 NCI Highway 210 Smithfield, NC27577 Dear Sir: This is to certify that City of Dunn Local requirements to include the following: a) Compliance with special laws and regulations isino compliance with Federal, State, and b) Compliance with State Pollution Control or Environmental Protection Agency c) Consistency with other development plans of the area and State Strategic Plan. standards d) State agency regulating water rights. e) Compliance with the Civil Rights Act of 1964. f) Compliance with Title IX of the Education Amendments of 1972 g) Compliance with Section 504 of the Rehabilitation Act of 1973. h) Compliance. with the Age Discrimination Act of 1975 William Elmore,Jr., Mayor Date: 8/27/2024 CERTIFIEDLIST OF OFFICERS/DIRECTORS NAME OF APPLICANT: City of Dunn PO Box 1065, Dunn, NC 28335 PHONE. NUMBER: 910-230-3500 PO BOX (if applicable) and PISICALADDRESS: OF SECURITY: ALTERNATE. NUMBER: CONTACT PERSON: Steven Neuschafter, 401 East Broad Street, Dunn, NC 28335 (Name) (Address) sneuschatter@dunn-nc.org (Email Address) OFFICERS AND DIRECTORS OF GOVERNING BODY NAME OFFICE HELD Mayor Council Council Council Council Council Council City Manager TERMS OF OFFICE 2027 2027 2027 2027 2027 2027 2027 William P. Elmore, Jr. J. Wesley Sills April Gaulden Raquel McNeil Billy N. Tart Alan Hargis Dr. David L. Bradham Steven Neuschafter Icertify that the above is the correct list of officers and directors of the: City of Dunn asof 8/27/2024 (Date) (SEAL) (Applicant Name) CERTIFIED CORRECT: Melissa Matti, Interim City Clerk USDA UnitedStates Departmentof Agriculture RuralDevelopment Together, America Prospers Rural Development August 27,2024 North Carolina State Office 4405 Bland Road Suite 260 Raleigh, NC 27609 Voice 919.873.2000 Fax 844.325.6921 TTY711 City of Dunn Attn: William Elmore, Jr., Mayor 401 East Broad Street- PO Box 1065 Dunn, NC: 28334 Subject: Letter of Conditions for a Community Facilities Program Loan and Granti for 2024 Public Works Vehicles- - Two Ford F350, Ford F150 and other equipment Dear Mayor Elmore, This letter, with attachments, establishes conditions that must be understood and agreed to by the applicant before further consideration may be given to the application for Federal Assistance. The State and Area Office staff of USDA Rural Development (RD) will administer the loan and/or grant funds for this project on behalf of the Rural Housing Service. AlL parties may access information and regulations referenced in this letter at our website located at: ntps/nonw.rdusdagowogamssaNisascommuniy-faciites. Any changes in project cost, source of funds, scope of services, or any other significant change (this includes significant changes ini the Borrower's financial condition, operation, organizational structure or executive leadership) in the project or applicant must be reported to and approved by USDA Rural Development by written amendment to this letter. Any changes not approved by USDA Rural Development will be cause for discontinuing processing of the application. If you do not meet the conditions of this letter, the Agency reserves the rightt to This letter is not to be considered as loan/grant approval or as representation to the availability of funds. The application can be processed on the basis of a USDA Rural Development loan not to exceed $134,000.00 and grant nott to exceed $25,000.00. Funds for Please complete and return the attached Form RD 1942-46, "Letter of Intent to Meet Conditions," and Form RD 1940-1, "Request for Obligation of Funds,"withint thenextten(10) days, if you desire that we give further consideration to your application. The execution of these and all other documents required by USDAI Rural Development must be authorized by The loan and grant will be considered approved on the date Form RD 1940-1, "Request for Obligation of Funds," is mailed by USDA Rural Development. This is also the date that the interest ratei is established. If thei interest rate is lower at the time of loan closing, you must The loan will be repayable over ap period nott to exceed 5) years from the date of loan closing at the market interest rate. The first interest installment will be due no later than one full year withdraw. Agency funding. this project are provided byt the Rural Housing Service (RHS). appropriate resolutions of the applicant's governing body. make ar request in writing to receive the lower rate in effect. from the date of loan closing. USDA is an equal opportunity provider, employer, and lender. City of Dunn- - 2024 Public) Works Vehicles Letter of Conditions andi funding will be as follows: a. Project Expenses Development Land & Rights Legal Architect Fees Interest Equipment Contingencies Refinancing Other (Described) Resident Inspection Total Source of Funds b. Funds USDAI Loan USDA Grant Other Total August27,2024 Project Budget--Based on Standard Form 424, "Application for Federal Assistance," the project cost Costs $1,532.00 $157,631.00 $159,163.00 Total $134,000.00 $25,000.00 $159,163.00 Applicant Contributions $163.00 Any changes in funding sources following obligation of Agency funds must be reported to the processing official. Project feasibility and funding will be reassessed ift there is a significant change in project costs after bids are received. If actual project costs exceed the project cost estimates, an additional The applicant will ensure projects are completed in at timely, efficient, and economical manner. Section lof the attached conditions (Items 1-18) must be satisfied prior to interim loan closing or before construction begins, whichever occurs first, ine either case not latert than one (1)yeari fromi the date ofthis letter. In the event the project has not advanced to the point of construction within one (1) year, USDA Rural Development reserves the right to discontinue the processing of the application. contribution by the borrower may be necessary. Ifyoul have any questions, feel free to contact this office. Sincerely, Tobais Fullwvood TOBAIS FULLWOOD Area Specialist CC: Community Programs Director, USDAI Rural Development, 2 Cityo of Dunn-20241 Public Works Vehicles ATTACHMENTTOLETTER OF CONDITIONS August:2 27,2024 Letter of Conditions SECTION I. CONDITIONS TO BE SATISFIED PRIOR TO LOAN/GRANT CLOSING OR BEFORE 1. Reserves- -The applicant will establish a separate debt service reserve account in an amount at least equal to an average annual loani installment. This reserve will be accumulated: at the rate of at least one-tenth of the average annual installment each year until ther required level is reached, which is one average annual loan installment. The reserve account balance must be reported annually to the State Office and included in the audit as a separate and identifiable line item as Fora anyf fiscal yeare end inwhichthe debt service reserve account balance is less thant the required account total; the applicant will provide the Agency with a twelve month budget and plan to CONSTRUCTION BEGINS, WHICHEVER OCCURS FIRST restricted. correct the cash shortfall. 2. - Disbursement of Funds a. The applicant will provide evidence that funds from other sources will be made available for the project cost in the amount of $163.00. This evidence should include a copy of the b. The applicant's contribution of funds toward the project cost shall be considered the first funds expended and must be deposited ini its project account before construction is started. C. Agency funds will not be used to pre-finance funds committed to the project from other d. The Debt Collection Improvement Act (DCIA) of 1996 requires that all Federal payments be made by Electronic Funds Transfer/Automated Clearing House (EFT/ACH). Borrowers receiving payments by EFT will have funds directly deposited to a specified account at a financial institution with funds being available to the recipient on the date of payment. The borrower should complete Form SF-3881, Electronic Funds Transfer Payment Enrollment Form, for each account where funds will be electronically received. The completed form(s) must be received by Rural Development at least forty-five (45) days prior to the first advance loan/grant award that addresses howfunds will be disbursed. Please provide Rural Development evidencing applicant's contribution. sources. of funds. Failuret to do SO could delay loan closing. 3. Security Requirements a. At loan closing the applicant will execute the attached Form RD 1942-47, "Loan Resolution (Public Bodies)". Please note ther refinancing provision in paragraph: 2. Also, on page 31 there b. The applicant will be required to execute and complete Form RD 3570-03, "Agreement for Administrative Requirements for Community Facilities Grants" and "Notice of Federal C. AUCC Financing Statement lien search will be conducted by the Agency to identify lien priority position. Form UCC-1, "Financing Statement," with Form UCC-1Ad, "UCC Financing Statement Addendum," as appropriate, or other action as allowed by State statute, will be isacertification: to be executed at loan closing. Interest" at thet time of grant closing. 3 City of Dunn-20241 Public Works) Vehicles August27,2024 Letter of Conditions prepared by USDA Rural Development and filed with the NC Secretary of State and a copy recorded with the Harnett County Recorder (if applicable) to perfect a security interest in A$38.00filingi fee (fee: subjecttochangel based on current NC: Secretary of Statei fees schedule) payable to the Secretary of State must be provided to the Agency at least 90 days prior to d. An Installment Purchase Contract will be secured by the United States of America, acting throught thel Rural Housing Servicel beingnamedasther: registered lien holder ont the Certificate e. - Thea applicanti isr required to execute Form RD 440-15, Security Agreement, ifrequiredbyoGc. 4. Insurance and Bonding Requirements- The applicant must provide evidence of adequate insurance and fidelity bond coverage by loan closing or start of construction, whichever occurs first. Adequate coverage, in accordance with USDA Rural Davaopmentsregulaton, must then be maintained for the life of the loan and evidence must be submitted to Rural Development annually. Evidence that coverage is being maintained must be provided annually thereafter. Iti is the responsibility of the applicant and not that of USDA Rural Development to assure that adequate insurance and fidelity bond coverage is maintained. Applicants are encouraged to review coverage amounts and deductible provisions with their attorney, consulting engineer, a. Property Insurance--Fire and extended coverage will be required on all above-ground structures, including applicant-owned equipment and machinery housed therein. Provide USDA Rural Development with proof of coverage and attach Lender's Loss Payable Endorsement (438 BFU or equivalent) naming the UNITED STATES OF AMERICA as lender. b. Corporate Liability Insurance- The. Applicanty will provide public liability, andy property damage insurance in an amount to adequately protect the applicant from civil action arising from the Workers' Compensation Insurance-The applicant will be required to carry workers' compensation insurance for all employees in accordance with the State law. Provide USDA d. General liability and vehicular coverage must be maintained-Provide USDA Rural e. Fidelity Bond--Persons who have access to the funds and custody to any property will be covered by a fidelity bond or an adequate crime policy that protects the applicant from an employee crime. Coverage may be provided either for all individual positions or persons, or through "blanket" coverage providing protection for all appropriate employees and/or officials. The amount of coverage required by USDA Rural Development will be sufficient to cover the total annual debt and reserve service requirements for the loan. The United States of America will be named as co-obligee on the bond. A certified power-of-attorney with effective date will be attached to each bond. Provide USDA Rural Development twithacopy of collateral to encumber thet following: loanclosing. ofTitle fort they vehicles being financed. and/or insurance provider(s). function of the applicant relative tot the project. Rural Development with proof of coverage. Development with proof of coverage. the bond and the power of attorney. City of Dunn-20241 Public Works Vehicles August 27,2024 Letter of Conditions 5. Civil Rights & Equal Opportunity- The borrower/grantee has received an award of Federal funding and is required to comply with U.S. statutory and public policy requirements, including a. Section 504 of the Rehabilitation Act of 1973 - Under Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), no handicapped individual in the United States shall, solely by reason of their handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Agency financial assistance. The Standard for compliance is the Architectural Barriers Act Accessibility b. Civil Rights Act of 1964 - AlL recipients are subject to, and facilities must be operated in accordance with, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and 7 CFR 1901, Subpart E, particularly as it relates to conducting and reporting of compliance reviews. Instruments of conveyance for loans and/or grants subject to the Act must contain the The Americans with Disabilities Act (ADA) of 1990 - This Act (42 U.S.C. 12101 et seq.) prohibits discrimination on the basis of disability in employment, State and local government services, publict transportation, public accommodations, facilities, and elecommunications. d. Age Discrimination Act of 1975-This Act (42 U.S.C. 6101 et seq.) provides that no person in the United States shall on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal Limited English Proficiency (LEP) under Executive Order 13166 - LEP statutes and authorities prohibit exclusion from participation in, denial of benefits of, and discrimination under Federaly-assisted and/or conducted programs ont the ground of race, color, or national origin. Title VI of the Civil Rights Act of 1964 covers program access for LEP persons. LEP persons are individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English. These individuals may be entitled to language assistance, free of charge. The recipient must take reasonable steps to ensure that LEP persons receive the language assistance necessary to have meaningful access to USDA programs, services, and information the recipient provides. These protections are pursuant to Executive Order 13166 entitled, "Improving Access to Services by Persons with Limited English Proficiency" andi further affirmed int the USDA Departmental Regulation 4330- 005, "Prohibition Against National Origin Discrimination Affecting Persons with Limited but not limited to: Standards (ABAAS). covenant required by Paragraph 1901.202(e) of this Title. financial assistance. English Proficiency in Programs and Activities Conducted by USDA." Agency financial programs must be extended without regard to race, color, religion, sex, national origin, marital status, age, or physical or mental handicap. The recipient must display posters (provided byt the Agency) informing users of these requirements, and the compliance with these requirements during regular compliance reviews. Agency will monitor the recipient's As a recipient of Rural Development funding, you are required to post a copy of the Non- Discrimination Statement listed below in your office and in include in full, on all materials produced for public information, public education, and public distribution both print and non- print. 5 City of Dunn-2024 Public Works Vehicles Non-Discrimination Statement August 27,2024 Letter of Conditions "This institution is an equal opportunity provider and employer." Ifyouwisht toi file a Civil Rights program complaint of discrimination, complete the USDAI Program Discrimination: Complaint Form, found online at tpshmm.pcbusdnsouocumenlaa302, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested int thei form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 14001 Independence Avenue, S.W., Stop 9410, Washington,D.c.20250-9410, byf fax (202) Ifther material ist too small to permit thet full statement to be included, the material at a minimum includes the statement in print size no smaller than the text that "This institution is an equal 690-7442 or email at ogtam.intae@lusdagos opportunity, provider and employer." 6.V WrittenA Agreements for Professional Services a. The legal service agreement submitted by Pope Law Group, PA is satisfactory to USDA Rural Development. 7. System Policies, Procedures, Contracts, and Agreements Thei facility must be operated ona sound business plan which involves adopting policies, procedures, and/or ordinances outlining a. Conflict of Interest Policy- - Prior to obligation of funds, you must certify in writing that your organization has in place up-to-date written standards of conduct covering conflict of interest. The standards of conductmusti include discipinanyactionsint thneeyentofaviolation by officers, employees, or agents of the borrower. The standards identified herein apply to any parent, affiliate or subsidiary organization of the borrower that is not a state or local government, or Indian Tribe. Policies and accompanying documents shall be furnished to You must also submit a disclosure of planned or potential transactions related to the use of Federal funds that may constitute or present the appearance of personal or organizational conflict ofi interest. Disclosure must be int thet form of a written letter signed and dated byt the applicant's official. A negative disclosure in the same format is required if no conflicts are Sample conflict of interest policies may be found at the National Council of Nonprofits website, nttps./ww.councilolnonprolt:orytortolsresourcesiconftict-ot-interest, or in Internal Revenue Service Form 1023, Appendix A, "Sample Conflict of Interest Policy," at tDpAESGOVDUDAts-pd1023.pdt: Though these examples reference non-profit Assistance in developing a conflict of interest policy is available through Agency-contracted the conditions of service and use of the proposed system. Rural Development upon request. anticipated. corporations, ther requirement applies to all types of Agency borrowers. technical assistance providers if desired. 6 City of Dunn-20241 Public Works Vehicles August27,2024 Letter of Conditions 8. Electronic Funds Transfer-ALLI loan funds will bet transferred to borrowers via Electronic Funds Transfer/Automated Clearinghouse Systems (EFT/ACH). Normal transfers will be ACH, with money being placed in Borrower's account two business days after the USDA processing office approves the pay request. The applicant must submit the Electronic Funds Transfer Form containing the banking (ACH) information to the USDA Servicing Office at least 90 days prior to 9. Automatic Payments -The applicant is required to participate int the Pre-Authorized Debit (PAD) payment process for allr new and existing indebtedness to USDAI Rural Development. Itwill allow for the applicant's payment to be electronically debited from its account on the date their payment is due. Form RD 3550-28, "Authorization Agreement for Pre-Authorized Payments," is attached. Please fill out and signy your Indwidua/Company Information". section, thenhaveyour inanclalinstitution/pank fill outt the bottom portionpriortos submittingt thef formtothneusDARural 10. Loan Closing The permanent loan willl be closed ina accordance with USDA Rural Development instructions, the legal requirements of the USDA Office of General Counsel, and this Letter of Conditions. AlL applicable closing documents, including bond documents, must bes submitted to USDAI Rural Development at least 90 days prior to the planned closing date. Priort to loan closing, ar request for reimbursement must be submitted to USDA with all the supporting invoices. 11. Operating Budget- Prior to loan closing, USDAI Rural Development must review the applicant's approved operating budget. The budget must balance and include the proposed USDA debt service and reserve obligations. Eachy year the USDAI loani is outstanding, the applicant will adopt an annual budget which provides for the annual debt service and reserve payments. 12. System for Award Management Registration and Unique Entity ID -You as the recipient must maintain the currency of your information in the System for Award Management (SAM) until you submit the final financial report required under this award and all grant funds under this award have been disbursed or de-obligated, whichever is later. This requires thaty your review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. Recipients can register on-line at ntps/www.sam.goy You as the recipient may not make a sub-award to an entity unless the 13. Suspension and Debarment Screening - You will be asked to provide information on the principals of your organization. Agency staff must conduct screening for suspension and debarment of the entity, as well as its principals through the Do Not Pay Portal. the date of loan closing. Failure to do sO could delay loan closing. Development service office. entity has provided its Unique Entityl ID1 from SAM.govtoyou. a. Principal- i. An officer, director, owner, partner, principal investigator, or other person within ap participant with management or supervisory responsibilities related to a ii. Aconsultant or other person, whether or not employed by the participant or paid covered transaction; or with federal funds, who- 1. Isina ap position to handle federal funds; 2. Isinaposition: to influence or control the use of those funds;or, Occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction. (2 CFR $180.995) 7 City of Dunn-20241 Public Works Vehicles August27,2024 Letter of Conditions 14. Litigation. You are required to notify the Agency within 30 days of receiving notification of being involved in any type of litigation prior to loan closing or start of construction, whichever occurs first. Additional documentation regarding the situation and litigation may be requested by the Agency. SECTIONJI. LOAN CONDITIONS TO BE: SATISFIED AFTER PROJECT COMPLETION 1. Financial Statements-To be: submitted on an annual basis in accordance with thet following: a. Borrowers and grantees that meet the Federal awards expended threshold established in 2 CFR 200, Subpart F, "Audit Requirements" (expends $750,000 or more in federal financial assistance per fiscal year) shall submit an audit performed in accordance with the requirements of 2CFR200, SubpartE. Audits shall bes submitted tol USDAI Rural Development b. AL borrowers exempt from USDA audit requirements and who do not otherwise have annual audits, will within 60 days following the end of the borrower's fiscal year furnish USDA with annual financial statements, consisting of a verification of the organization's balance sheet and statement of income and expenses. The recipient may use Form RD 442-2, "Statement of Budget, Income and Equity,"and 442-3, "Balance Sheet," or similar format to provide the An annual audit may be submitted in lieu of annual financial statements for any borrower or 2. Audit agreement- If you are required to obtain the services of a licensed Certified Public Accountant (CPA), you must enter into a written audit agreement with the auditor. The audit agreement mayi include terms and conditions that you and auditor deem appropriate. 3. Limitations of Additional Debt- Youwill not borrow: any money from anys source or enteri into any contract or agreement or incur any other liabilities in connection with making extensions or improvements to the Facility, exclusive of normal maintenance, without obtaining the prior 4. Compliance Reviews--Rural Development will be required to periodically conduct a compliance review of this facility and operation. Compliance reviews will be completed during the first year of operations and every three years thereafter. You will need to provide the local The Agencywill conduct regular compliance reviews of the! borrower and its operation in accordancewith 7CFR Part 1901, Subpart E, and 36 CFR 1191, Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities; Architectural Barriers Act (ABA) Accessibility Guidelines. Compliance reviews will typically be conducted in conjunction with the security inspections described int this letter. lfbeneficiaries (users) are required to complete an application or screening for the use of the facility or service that the recipient provides, the recipient must request and collect data by race Americanindianor. Alaskal Native, Asian, BlackorA African American, White); ethnicity(Hispanic. orl Latino, Not Hispanic or Latino); and by sex. The Agency will utilize this data as part of the required compliance ina accordance with 2CFR200, SubpartF. financial information. grantee that has an audit prepared at its own discretion and expense. written consent of the Agency. office the statistical information as requested. review. 8 City of Dunn-20241 Public Works Vehicles August 27,2 2024 Letter of Conditions 5. Continuation of Financing Statement- Att the time of renewal (every 5y years) the borrower must provide a $38.00 (or applicable filing fee) check payable tot the Secretary of State (fee subjectto change based on current Secretary of State fee schedule) for the continuation of the Financing 6. Security Inspections--Rural Development is required to conduct an inspection of the facilitya minimum of once every three years. The recipient must participate in these inspections and 7. Graduation- -You may be required to refinance (graduate) the unpaid balance of the RD loan, in whole ori inj part, ifa at any time RD determines youre entityi is ablet to obtain a loant for suchp purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time, the recipient will be requested to refinance. The abilityto refinance will be assessed every other year fort those loans that arei fivey years old or older. 8. Prepayment and Extra Payments - Prepayments of scheduled installments, or any portion thereof, may be made at any time at the option of borrower, with no penalty. Security instruments, including bonding documents, must contain the following language regarding extra payments, unless prohibited by State statute: Prepayments of scheduled. installments, or any portion thereof, may be made at any time at the option of borrower. Refunds, extra payments and loan proceeds obtained from outside sources fort the purpose of paying down the Agency debt, shall, after payment of interest, be applied to the installments last to become due under this note and shall nota affect the obligation of borrower to Statement until the loan is paid int full. provide the required information. pay the remaining installments as scheduled inj your securtyinstruments. 9. Financial Covenants a) Beginning in the First Full Year of 2025, a debt service coverage ratio (DSCR) of a least 1.10 will be maintained with debt service toi include the loan payments plus all required reserves. If the DSCR drops below 1.10 for any audited year, or quarterly financial report, then an independent management consultant shall be engaged at the expense of the Applicant to prepare af fiscal strategy report that documents how the debt service requirement will ber met. This must be provided to the Agency nol later than 90 days after any quarter inwhicht the DSCR Debt service coverage is defined as net income plus depreciation and amortization expenses plus interest expense on structured debt divided by the sum of all structured drops below 1.10. debt payments including required reserve payments still due. 9 Position3 UNITEDSTATES: DEPARTMENTOF AGRICULTURE KURALDEVELOPMENT Form RD 1942-46 (Rev.6-10) FORM APPROVED OMBI NO. 0575-0015 OMBI NO. 0570-0062 LETTER OF INTENTTO MEET CONDITIONS Date 08-27-2024 TO: United States Department of Agriculture USDA Rural Development (Name ofU USDA Agency) 2736 NC Highway 210 Smithfield, NC 27577 (USDA Agency Office Address) Wel have reviewed and understand the conditions set forth in your letter dated 08-27-2024 Itis our intent tor meet all of them not later than 08-27-2025 City of Dunn BY (Name ofA Association) William Elmore, Jr - Mayor (Tille) According to the Papenvork Reduction. Acrof 1995, an agency may noto conduct or sponsor, anda, persons is not required to1 respond toas collection ofi information unless it displays a validOMB control mumber. The validOMB control mumber) for this information collection is 0575-0015 and 0570-0062. The time required l0 complete this information collection ise estimated lo average Thour peri response, including the time) for reviewing instructions, searching existing data sources, gathering and maintaining the data. needed. and completing and reviewing the collection ofi information. Form RD 1942-46(Rev.6-10) Position. 5 LOANI RESOLUTION (Public Bodies) USDA Form RD 1942-47 (Rev. 12-97) FORMAPPROVED OMBI NO. 0575-0015 ARESOLUTION OFTHE City Council OFTHE City of Dunn 2024 Public Works Vehicles WHEREAS, iti is necessary for the AUTHORIZING, ANDI PROVIDINGI FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OFI PROVIDING Al PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDINGI ITS FACILITY TOSERVEA ANAREAI LAWFULLY WITHINITS! JURISDICTION TO: SERVE. City of Dunn (Public Body) (herein after called Association) to raise aj portion of the cost ofs such undertaking by issuance ofi its bonds in the principal amount of 134,000.00 Utilities pursuant tot the provisions of NC General Statutes 160 and Service, Rural acting and WHEREAS, the Association intends to obtain assistance from the Rural Housing Service, Rural Business Service, or their successor Agencies with the United States Department of Agriculture, (herein called the Government) under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in the planning, supervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser financing, for such 1. To have prepared on its behalfa and to adopt an ordinance ori resolution for thei issuance ofi its bonds andi in such forms as are required by State statutes and as are agreeable and acceptable to the Government. containing 2. To refinance the unpaid balance, in whole ori in part, of its bonds upont the request of the Government ifat any time its shall appear tot the Government that the Association is able to refinance its bonds by obtaining, a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods oft time as required by section 333(c) ofs said Consolidated Farm and Rural Development Act(7U.S.C. 1983(c)). 3. Toj provide for, execute, and comply with Form RD 400-4, "Assurance Agreement," and Form RD 400-1, "Equal Opportunity Agreement," including an' Equal Opportunity Clause," which clause is to be incorporated in, or attached as a rider to, each 4. Toi indemnify the Government for any payments made orl losses suffered by the Government on behalfoft the Association. Such indemnification shall be payable from thes same source of funds pledged toj pay the bonds or any other 5. That upon default in the payments of any principal and accrued interest on the bonds ori in the performance of any covenant or agreement contained herein ori in the instruments incident to making or insuring the loan, the Government at its declare the entire principal amount then outstanding and accrued interest immediately due and payable, (b) for the option account may of (a) the Association (payable from the source off funds pledged to pay the bonds or any other legally reasonable expenses for repair, maintenance, and operation oft the facility and such other reasonable permissible expenses as may be and pay to cure the cause of default, and/or (c) take possession oft the facility, repair, maintain, and operate or rent it. Default under necessary the provisions oft this resolution or any instrument incident tot the making or insuring oft the loan may be construed by the Government to constitute default under any other instrument held by the Government and executed or assumed by the Association, and default under any suchi instrument may be construed by the Government to constitute default hereunder. Not tos sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, or permit others to 7. Not to defease the bonds, or to borrow money, enter into any contract or agreement, or otherwise incur any liabilities for any purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the 8. To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government. Funds may, be deposited ini institutions insured by the State or Federal Government ori invested in readily, marketable securities backed the full faith and credit of the United States. Any income from these accounts will be considered as revenues of the system. by 9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the 10. Toj provide for the receipt ofa adequate revenues to meet the requirements of debt service, operation and maintenance, and the establishment of adequate reserves. Revenue accumulated over and above that needed to pay operating and maintenance, debt service and reserves may only be retained or used to make prepayments on the loan. Revenue cannot be used to pay any expenses which are not directly incurred for the facility financed by the Government. No free service or use ofthe According tot thel Papervwork Reduction Acref 1995, noy persons arer requiredi to respond load collection ofi information unless irdisplays a valido OMB control mmber. Thes validOMB control mumber form this imformationo collection is 0575-0015. Thei time required lo complete this information collection ise estimatedi to average lhourp peri response, reviewing instructions, searching existinga datas sources. gathering andi maintaining thea data needed, ande completinga andn reviewing thec collection ofi information. incliding the time for Cooperative bonds is found by the Association: NOW THEREFORE in consideration oft the premises the Association hereby resolves: such items construction contract and subcontract involving in excess of$ 10,000. source. legal permissible source), incur do so without the prior written consent of the Government. Government ifs such undertaking would involve the source of funds pledged to pay the bonds. good condition. facility in will facility be permitted. -2- 11. Toacquire and maintain such insurance and fidelity bond coverage as may be required by the Government. 12. To establish and maintain such books and records relating to the operation of the facility andi its financial affairs and to provide for required audit thereof as required by the Government, to provide the Government a copy of eachs such audit without its request, andt to forward to the Government such additional information and reports as iti may from time to time 13. Toj provide the Government at all reasonable times access to all books andi records relating to the facility and access to the property of the system so that the Government may ascertain that the Association is complying with the provisions hereof 14. That ifthe Government requires that ar reserve account be established and maintained, disbursements from that account may be used when necessary for payments due on the bond ifsufficient funds are not otherwise available. With they require. and oft the instruments incident to the making or insuring of the loan. written approval of the Government, funds may be withdrawn for: (b) Repairing or replacing short-lived assets. (c) Making extensions or improvements to the facility. reached the required funded level. prior (a) Paying the cost of repairing or replacing any damage to the facility caused by catastrophe. Any time funds are disbursed from the reserve account, additional deposits willl be required until the reserve account has 15. Top provide adequate service to all persons within thes service area who can feasibly and legally be: served: andt to obtain the Government's concurrence prior to refusing new or adequate services tos such persons. Upon failure to provide services which: are feasible and legal, such person shall have a direct right of action against the Association or public body. 16. To comply with the measures identified in the Government's environmental impact analysis fort this facility for the purpose ofavoiding or reducing the adverse environmental impacts of the facility's construction or operation. 17. Toaccepta a grant in an: amount not to exceed $ 25,000 under thet terms offered by the Government; that the, Mayor and City Clerk oft the Association are hereby authorized and empowered to take all action necessary ora appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; and Thej provisions hereof and thej provisions of all instruments incident to the making or the insuring oft the loan, unless otherwise specifically provided by thet terms ofs such instrument, shall be binding upon the Association as long as the bonds arel held or insured by the Government or assignee. The provisions of sections 6t through 17 hereofmay be provided fori in more specific detail in the bond resolution or ordinance; tot the extent that the provisions contained ins such bond resolution or ordinance should be found to bei inconsistent with the provisions hereof, these provisions shall be construed to operate the facility under the terms offered in said grant agreement(s). as controlling between the Association and the Government or assignee The vote was: Yeas Nays Absent INWITNESS WHEREOF, the City Council ofthe 2024 City of Dunn has duly adopted this resolution and caused it tol be executed by the officers below in duplicate on this 27 day of August (SEAL) Attest: By William Elmore, Jr. Title Mayor Melissa Matti, Interim City Clerk Title CERTIFICATION TO BE EXECUTED ATI LOAN CLOSING I,t the undersigned, as hereby certify that the held on the ofthe City of Dunn ofsuch Association is composed of members, of whom constituting a quorum, were present at a meeting thereof duly called and ;and that the foregoing resolution was adopted at such meeting the date of closing oft the loan from the Government, said resolution day of by the vote shown above. If further certify that as of remains in effect and! has not been rescinded or amendedi in any way. Dated, this day of Title Form RD: 3570-3 (Rev.06-22) UNITEDSTATESDEPARTMENTOF AGRICULTURE COMMUNTYFACIITIS GRANT AGREEMENT FORM APPROVED OMBI No. 0575-0173 Exp. Date: 2/28/2025 RURAL DEVELOPMENT Grantee and Agency This Grant Agreement (Agreement) dated 8/27/2024 isa contract for receipt of grant funds under the Community Facility Grant program (7 C.F.R. part 3570, subpart B). These requirements do not supersede the applicable requirements for receipt of Federal funds stated in 2C.F.R. Part 200, "UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS", which are incorporated by reference into this Agreement. Further, 7C.F.R. part 3570, subpart B, and all relevant regulatory requirements apply to applicants and are also incorporated by This Agreement for the Project and Amount described below (the "Project Description") and for the Community Facilities grant, CFDA Number 10.766, is between the Grantee, a public body, nonprofit corporation or Indian tribe (you), and the United States of America acting through the Rural Housing reference into this Agreement. Service (RHS or Agency). I. 1.Grantee Name & Address Dunn, Gityof PO Box 1065 Dunn, NC: 28335- GENERAL AWARD INFORMATION 2.Unique Entity ID. MLLCTPVM8A39 3.Case No. 38-043-*****1214 8/27/2024 8/27/2024 $163.00 16% 4.Federal Award Identification Number(FAIN) 5.Award Date 10.766 6.Performance Start Date 8/27/2024 Action, $25,000.00 159,000.00 Amount) 159,163.00 7.Performance End Date 8.Amount ofl Federal Funds Obligated for this 9.Amount of Matching/Other Funds (ifa applicable) and" Total Amount of Federal Funds Obligated 10.Total Project Cost (Budget Approved 11.Award as Percentage of Total Project Cost 12. Grantee Contact (Name, Title, Contact Info) 13.A Agency Contact (Name, Title, Contact Info) 14. Description of Real Property covered by the 15.1 Description of Equipment covered by the grant Steve Neuschafer, City Manager Tobais Fullwood, Area Specialist 919-300-4 a grant All equipment purchased by USDA Rural Development funds requirements Afederala agency ofthe may Paperwork nore conductors Reductiona sponsor, Acta unless andaperson thate collectione isnotr required ofinformatione tor respondio. diplagysacwremby nors shallaperson! validoMBO bes subject Control loap penaly Number fork The failure OMBC loc Control compb Number wihacollectiono for thisi informationa efinformations sbjectiothe is 0575-0200 Public reporting forthisc collectione ofinformation ise estimatediob be approximately lhour perr response. inchding the time forr revinring instructions, searching collectioni 0575-0173and almaintaining thed datam needed completing anfrevieing thec collectione ofinformation. Allresponses lo1 thisc collection ofi informationa are vohuntary However inonlern loohtaine existing daas sources gathering infommationk ini this fommis is requiredby 7CFR 3570-B. Commmity Facilities Grant) Program, ands Section 10020 ofihe American) Rescuel Plana Act Rura! Development) has noy orrelainahenefit the colleciedu under they provisions ofn thisp program.. Sendcomments, reganding hisb burdenestimate orany otherapecrefthise collectione efinformation inchdings suggestions, for plans topublish information Information Collection Clearance Oficer Rural Development Imnovation Center, Regulations, Management aCP/Ppmandnuses reducing whis burdeno: Form RD: 3570-3 The Agency has agreed to give the Grantee the Grant Funds, subject to the terms and conditions established by the. Agency. Provided, however, that any Grant Funds actually advanced and not needed for grant purposes shall be returned immediately to the Agency. The Agency may terminate the grant in whole, or in part, at any time before the date of completion, whenever it is determined that the Grantee has failed to comply with the conditions of this Agreement or the applicable regulation. II. RESPONSIBILITIES A. Grantee. The Grantee shall cause said project to be completed within the total sums available to it, including Grant Funds, in accordance with any architectural or engineering reports, and any necessary modifications, prepared by Grantee and approved by the Agency as required by 7C.F.R. part 3570. The Grantee will remain in compliance with all applicable laws, regulations, Executive Orders, and other generally applicable requirements for the duration oft the. Agreement including 7 C.F.R. part 3570, subpart B and 2 C.F.R. parts 200, 400, 415,416,417,418, 421, and 422. The most commonly-relerenced provisions are identified below. 1. Financial and Program Management. You must follow the financial and performance management requirements in 2C.F.R. $ 200.300-.309. a. Financial Management. You must maintain ai financial management system b. Internal Controls. You must maintain internal controls in compliance with 2 Payments. You must comply with the payment requirements described in 2 C.F.R. $ 200.305. Payment must be requested by using the SF-270, "Request for Advance or Reimbursement" or SF-271, "Request for Reimbursement for Construction Programs" (as applicable). Receipts, hourly wage rate, personnel payroll records, or other documentation must be provided upon request from RHS ift the request is for an advance; otherwise, the documentation must be provided at the time oft the request. Requests for payment must be sent to the Agency contact listed in Section I.14. d. Revisions of the Work Plan and Budget. You must complete all elements ofthe Work Plan in Attachment A in accordance with that Attachment and must use project funds only for the purposes and activities specified in Attachment A - Approved Work Plan and Budget. You must further complete the outcomes shown for each Work Plan items within the time and scope constraints shown in Attachment A. You must report any changes and request prior approvals in accordance with 20 C.F.R. $ 200.308. Period ofPerformance. You may only incur costs chargeable to the award Bonding. You must maintain your fidelity bond coverage in the amount of inc compliance with 2 C.F.R. $2 200.302. C.F.R. $200.303. ina accordance with 2 C.F.R. $ 200.309. $0.00 for the Period of Performance ofthe award. (See 2 C.F.R.S 200.304) 2 Form RD3570-3 g. Program Income. You must comply with the requirements of2C.F.R. $200.307. Additionally, if program income is earned during the period of performance, you may use it in accordance with 2 C.F.R. $ 200.307(e)(2), provided that you inform us in writing ofy your intent prior to the award date. However, ify you earn program income in excess ofwhat can be used under 2 C.F.R. $ 200.307(e)(2) or ify you earn unanticipated program income, you must comply with 2 C.F.R. $200.307(e)CI). Costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the award. 2. Procurement and Property Standards. You must follow the procurement 3. Performance and Financial Monitoring and Reporting. You must follow the requirements in 2C.F.R. Part 170, including Appendix A, and 2C.F.R. $ 200.327- .329, and submit reports as outlined below. Unless otherwise directed ini the addendum to this Agreement, the reports are due as indicated below. a. Form SF-425, "Financial Status Report." Reports are due 30 calendar days after the reporting period ends. A final report is due within 120 days after the Performance End Date specified in Section I.8. ofthis Agreement or at the completion ofy your project, whichever date iss sooner. Your reporting periods standards requirements in 2C.F.R. $ 200.310-.326. are below (mark one): Annually: January 1-1 December 31 Annually: July 1-. June 30 Semi-Annually: January 1- June 30 and. July 1 - December 31 Semi-Annually: April 1- September 30 and October 1-1 March 31 Quarterly: January 1- March 31, April 1 -. June 30, July 1- September 30, October 1-1 December 31 b. Performance Reports. SF-PPR, "Performance Progress Report" is due 30 calendar days after the reporting period ends. A final report is due within 120 days after the Performance End Date specified in Section I.8. ofthis Agreement or at the completion of your project, whichever date is sooner. Your reporting periods are below (mark one): Annually: January 1- December: 31 Annually: July 1-. June 30 Semi-Annually:. January 1-. June 30: and July 1-1 December31 Semi-Annually: April 1 - September 30 and October 1-1 March 31 Quarterly: January 1- March 31, April 1 - June 30, July 1- September. 30, October I - December 31 The performance narrative on the Performance Project Report shall include, but is not limited to, the following: 3 Form RD3570-3 Describe the activities that the funds reflected in the financial ii. A comparison of actual accomplishments to the objectives iii. Reasons why established objectives were not met, ifapplicable; iv. Problems, delays, or adverse conditions which will affect attainment of overall project objectives, prevent meeting time schedules or objectives, or preclude the attainment of project work elements during established time periods. This disclosure shall be accompanied by a statement ofthe action taken or V. Objectives and timetables established for the next reporting The final report (due 120 calendar days after the period of performance end status report were used for; established for that period; planned to resolve the situation; period; date) will also address the following: What have been the most challenging or unexpected aspects of ii. What advice, best practices, and actions would you recommend too other organizations planning a similar program that would increase the success of their program? Please include strengths and limitations oft the program. Ifyou had the opportunity, what this program? would you have done differently? 4. Operations. The Grantee will manage, operate and maintain the facility, including this project ifl less than the whole of said facility, continuously in an efficient and economical manner in accordance with 7 C.F.R. $3 3570.61(e). 5. Funding. The Grantee will not use grant funds to replace any financial support previously provided or assured from any other source. The Grantee agrees that the Grantee'sl level of expenditure for the Project shall be maintained and not reduced asar result of Grant Funds in accordance with 70 C.F.R. $ 3570.66. 6. Default. Upon any default under its representations or agreements contained in this instrument, 2 C.F.R. Part 200, or7 7 C.F.R. Part 3570, Grantee, at the option and demand oft the Agency, will immediately repay to the Agency the Grant Funds with any legally permitted interest from the date oft the default. Default by the Grantee will constitute termination of the grant thereby causing cancellation of Federal assistance under the grant. The provisions oft this Agreement may be enforced by the. Agency, at its option and without regard toj prior waivers of previous defaults by Grantee, by. judicial proceedings to require specific performance of the terms ofthis Agreement or by such other proceedings in law or equity, in either Federal or State courts, as may be deemed necessary by the Agency to assure compliance with the provisions ofthis Agreement and the laws and regulations under which this grant is made. Form RD3570-3 7. Real Property. Use the real property including land, improvements, structures, and appurtenances thereto, for authorized purposes oft the grant as long as needed and in accordance with 2 C.F.R. $2 200.311;2C.F.R. $ 200.312;7C.FR. 15-40)Q)amd7CFR. $ 3570.92. In accordance with Title VI of the Civil Rights Actof1964, deeds for real property must comply with the requirements a. Title to real property shall vest in the Grantee subject to the condition that the Grantee shall use the real property for the authorized purpose ofthe original b. The Grantee shall obtain the Agency's approval to use the real property in other projects when the Grantee determines that the property is no longer needed for the original grant purposes. Use in other projects shall be limited to those under other Federal grant programs or programs that have purposes consistent with When the real property is no longer needed, as provided inj paragraphs (a) and (b) above, the Grantee shall request disposition instructions from the Agency. The Agency will observe the following rules in the disposition instructions: for the Reverter and Habendum clauses. grant as long as needed. those authorized for support by the Agency. The Grantee may be permitted to retain title after it compensates the Federal government in an amount computed by applying the Federal percentage of participation in the cost oft the original Project to the ii. The Grantee may be directed to sell the property under guidelines provided by the Agency and pay the Federal government an amount computed by applying the Federal percentage of participation in the cost oft the original Project to the proceeds from sale (after deducting actual and reasonable selling and fix-up expenses, ifany, from the sales proceeds). When the Grantee is authorized or required to sell the property, proper sales procedures shall be established that provide for competition to the extent practical and result in the ii. The Grantee may be directed to transfer title to the property to the Federal government provided that in such cases the Grantee shall be entitled to compensation computed by applying the Grantee's percentage of participation in the cost oft the program or Project to the current fair market value oft the property; fair market value of the property; highest possible return; 8. Equipment. Abide by the following conditions pertaining to equipment which is furnished by the Agency or acquired wholly ori inj part with Grant Funds. Equipment is defined at 2 C.F.R. $ 200.33 and is tangible, non-expendable personal property having a useful life of fmore than one year and an acquisition cost of $5,000 or more per unit. 5 Form RD3570-3 a. Use of equipment. The Grantee shall use the equipment in the Project for which it was acquired as long as needed. When no longer needed for the original project, the Grantee shall use the equipment in connection with its other federally sponsored activities, ifany, in the following order of priority: Activities sponsored by the Agency. ii. Activities sponsored by other Federal agencies. b. Use of equipment. During the time that equipment is held for use on the project for which it was acquired, the Grantee shall make it available for use on other projects ifs such other use will not interfere with the work on the project for which the property was originally acquired. First preference for such other use shall be given to the Agency sponsored projects. Second preference will be given to other federally sponsored projects. Disposition of equipment. When the Grantee no longer needs the property as provided inj paragraph 1 (a) and (b) above, the equipment may be sold or used for other activities in accordance with 2C.F.R. $ 200.313 and 17C.F.R. $15.4(a)(3): Equipment with a current fair market value ofl less than $5,000. The Grantee may use the property for other activities without reimbursement to the Federal government or sell the property and retain the proceeds. ii. Equipment with a current fair market value of $5,000 or more. The Grantee may retain the property for other uses provided that compensation is made to the Agency. The amount of compensation shall be computed by applying the percentage ofFederal participation in the cost ofthe original Project to the current fair market value oft the property. Ifthe Grantee has no need for the equipment and the equipment has further use value, the Grantee shall request disposition instructions from the Agency. iii. The Agency shall determine whether the equipment can be used to meet RHS or its successor agency's requirements. Ifn no such requirements exist, the availability ofthe property shall be reported, in accordance with the guidelines of the Federal Property Management Regulations (FPMR), to the General Services Administration by the Agency to determine whether a requirement fort the equipment exists in other Federal agencies. They shall issue instructions to the Grantee no later than 120 days after the Grantee's request and the following procedures shall govern: 6 Form RD3570-3 Ifso instructed or if disposition instructions are not issued within 120 calendar days after the Grantee's request, the Grantee shall sell the equipment and reimburse the. Agency an amount computed by applying to the sales proceeds the percentage of Federal participation in the cost of the original project or program. However, the Grantee shall be permitted to deduct and retain from the Federal share 10 percent ofthe proceeds or $500, whichever is less, for the Grantee's selling Ifthe Grantee is instructed to ship the property elsewhere, the Grantee shall be reimbursed by the benefiting Federal agency with an amount which is computed by applying the percentage oft the Grantee participation in the cost oft the original grant Project or program to the current fair market value oft the equipment plus any reasonable shipping or interim storage Ifthe Grantee is instructed to otherwise dispose oft the equipment, the Grantee shall be reimbursed by the Agency for such costs incurred in its disposition. and handling expenses. costs incurred. d. The Grantee's property management standards for equipment shall be in accordance with 2CFR $ 200.313 and shall include: Property records which accurately provide for: a description oft the equipment; manufacturer's serial number or other identification number; acquisition date and cost; source oft the equipment; percentage (at the end of budget year) ofl Federal participation in the cost oft the Project for which the equipment was acquired; location, use, and condition oft the equipment and the date the information was reported; and ultimate disposition data including sales price, or the method used to determine current fair market value ifthe Grantee reimburses the Agency fori its ii. Aj physical inventory of equipment shall be taken, and the results reconciled with the equipment records at least once every two years to verify the existence, current utilization, and continued need for the equipment. iii. Acontrol system shall be in effect to ensure adequate safeguards to prevent loss, damage, or theft oft the equipment. Any loss, damage, or theft of equipment shall be investigated and fully documented. iv. Adequate maintenance procedures shall be implemented to keep the V. Proper sales procedures shall be established for unneeded equipment which would provide for competition to the extent practicable and result in the share. equipment in good condition. highest possible return; 7 Form RD3570-3 9. Earned Interest. Grantee agree to account for and to return to Agency interest earned on grant funds pending their disbursement for program purposes when the Grantee is a unit of local government. States and agencies or an instrumentality ofa State shall not be held accountable for interest earned on Grant Funds pending their disbursement. 10. Record Retention and Access. You must retain records related to this work performed under this Agreement and allow access to them in accordance with 11.Closeout. You must comply with the closeout requirements in 2C.F.R. 2C.F.R. $200.333-.337. $200.344. 12. Post-Closeout Adjustments and Continuing Responsibilities. You must continue to comply with the requirements in 20 C.F.R. $ 200.345 even after the 13.C Cost Principles. You must comply with the provisions in 2C.F.R. Part 200, 14.Audits. You must comply with the provisions in 20 C.F.R. Part 200, Subpart F. 15. Civil Rights Compliance. Unless otherwise provided in the addendum, you must comply with Executive Order 12898, Executive Order 13166- Limited English Proficient, the Americans with Disabilities Act of 1990, Title VI ofthe Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act of 1973 as applicable. You must make the public facility or services available to all persons in the Grantee's service area without discrimination as to race, color, religion, sex, national origin, age, marital status or physical or mental disability at reasonable rates, including assessments, taxes, or fees. You may make modifications as long as they are reasonable and nondiscriminatory. Your compliance shall include collection and maintenance of data on race, sex, and national origin of your membership, ownership, and employees. This data must be available to us for Civil Rights Compliance Reviews. You must submit to a post-award compliance review conducted after the final disbursement of grant 16. Execute Agreements. The Grantee will execute any agreements required by the Agency which the Grantee is legally authorized to execute. If any such agreement has been executed by the Grantee as a result ofa loan being made to the Grantee by the Agency contemporancously with the making oft this grant, that agreement applies equally to the grant and another identical agreement Period of] Performance for this Agreement has ended. Subpart E. funds has occurred. need not be executed in connection with this grant. 8 Form RD3570-3 17. Universal Identifier and Central Contractor Registration. The Grantee must have al Unique Entity ID number in order to apply for, receive, and report onal Federal award. Additionally, the Grantee must comply with the additional requirements set forth in Attachment C regarding the Unique Entity ID Requirements and the Central Contractor Registry (CCR) Requirements found at2CFR Part 25, including Appendix A. For the purposes ofthis Agreement, "you" in Attachment B: shall mean "Grantee" as defined hereunder; 18. Federal Funding Accountability and Transparency Act. The Grantee is responsible for complying with all requirements oft the Federal award. For all Federal awards, this includes the provisions oft the Federal Funding Accountability and Transparency Act (FFATA), which includes requirements on executive compensation, and also requirements implementing the Act for the Grantee at 2 CFR Part 25 Financial Assistance Use ofUniversal Identifier and Central Contractor Registration and 2 CFR Part 170 Reporting Subaward and Executive Compensation Information. See also statutory requirements for whistleblower protections at 10 U.S.C. 2409, 41 U.S.C. 4712, 10U.S.C.2324, 41 U.S.C. 4304 and 4310. See also 2C.F.R. $ 200.11-200.113. 19. Not encumber, transfer or dispose of the property or any part thereof, furnished by the Agency or acquired wholly or inj part with Agency funds without the written consent oft the Agency except as provided inj paragraph 8 (c). 20. Not duplicate other Project purposes for which monies have been received, are committed, or are applied to from other sources (public or private). B. Rural Housing Service (RHS). RHS has agreed to give the Grantee the grant funds, subject to the terms and conditions established by RHS. Provided, however, that any grant funds actually advance and not needed for grant purposes shall be returned immediately to RHS. RHS may terminate the grant in whole, or in part, ata any time before the date of completion, whenever it is determined that the Grantee has failed to comply with the conditions ofthis Agreement or the applicable regulation. RHS shall remain in compliance with all applicable laws, regulations, Executive Orders, and other generally applicable requirements for the duration ofthe Agreement. The most commonly-relerenced provisions are 1. Payments. We will advance or reimburse funds up to the Award Amount identified in Section 1.9 upon the Grantee's proper request according to Section 2. Monitoring and Enforcement. We will monitor the project to ensure that you are in compliance with the terms ofthe award. Ifwe find that you are not in identified below. II.A.1.c. 9 Form RD3570-3 compliance, we will enforce the terms ofthis Agreement using the provisions of a. Will assist Grantee, within available appropriations, with such technical assistance as Agency deems appropriate inj planning the Project and coordinating the plan with local official comprehensive plans for essential community facilities and with any State or area plans for the area in which b. Ati its sole discretion and at any time may give any consent, deferment, subordination, release, satisfaction, or termination of any or all ofGrantee's grant obligations, with or without valuable consideration, upon such terms and conditions as Agency may determine to be (I)advisable to further the purpose ofthe grant or to protect Agency's financial interest therein and (2) consistent with both the statutory purposes oft the grant and the limitations of 2CFR.9200.338-342. the project is located. the statutory authority under which it is made. 3. Termination ofThis Agreement. This Agreement may be terminated for cause in the event of default on the part oft the Grantee or for convenience of the Agency and Grantee prior to the date ofc completion oft the grant purpose. Termination for convenience will occur when both the Grantee and Agency agree that the continuation of the Project will not produce beneficial results commensurate with the further expenditure of funds. In all cases termination and notification will be ina accordance with 2 C.F.R. S 200.339 and 200.340. C.E Both Parties. The Grantee and RHS agree to the following: 1. Invalid Clauses. The invalidity of any one or more phrases, clauses, sentences, paragraphs, or provisions oft this Agreement shall not affect the remaining 2. Conflict between this Agreement and Other Applicable Regulations or Laws. Ifthere is a conflict between this Agreement and the applicable Program Regulation, the applicable Program Regulation shall prevail. Iftherei isa conflict between this Agreement and another law or regulation, RHS shall seek 3. Dates. When the date fixed for the performance of an act under this Agreement ison a weekend or Federal holiday, then the performance by the close of business on the next Federal work day shall have the same force and effect as if portions oft the Agreement. al legal opinion to determine which provision applies. made performed or exercised on the specified date. 10 Form RD3570-3 The signatories below certify that they have authority to enter into this Agreement. Approved by an Authorized Representative oft the Grantee: William Elmore, Jr. Name (Please Print) Mayor Title (Please Print) Signature 8/27/2024 Date Approved by the United States of America, Rural Housing Service by: Tobais Fullwood Name (Please Print) Area Specialist Title (Please Print) Signature 8/27/2024 Date 11 Form RD3570-3 Attachment A Approved Work Plan and Budget (The work plan must have time, scope, and outcome entries for éach task.) 12 Form RD:3570-3 ATTACHMENTI B Reporting Executive Compensation. A. Reporting Total Compensation ofRecipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if: a. the total Federal funding authorized to date under this award is $25,000 or more; b. int the preceding fiscal year, you received 80 percent or more ofyour annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2CFR 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); C. The public does not have access to information about the compensation oft the executives through periodic reports filed under section 13(a) or 15(d) oft the Securities Exchange Act of 1934(15U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine ift the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at/ tpAnsegolansueréscompltm) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. oft this award term: a. As part of your registration profile at htp/www.er.gov. b. By the end of the month following the month in which this award is made, and annually thereafter. B. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided inj paragraph d. ofthis award term, for each first-tier subrecipient under this award, you: shall report the names and total compensation of each oft the subrecipient's five most highly compensated executives a. int the subrecipient's preceding fiscal year, the subrecipient received- for the subrecipient's preceding completed fiscal year, if 80 percent or more ofi its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. $ 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and b. The public does not have access to information about the compensation oft the executives through periodic reports filed under section 13(a) or 15(d) oft the Securities Exchange. Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 oft the Internal Revenue Code of 1986. (To determine ifthe public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at mp.hannsseegowamswerséxcomp.htm) 13 Form RD3570-3 2. Where andi when to report. You must report subrecipient executive total compensation b. By the end oft the month following the month during which you make the subaward. For example, ifas subaward is obligated on any date during the month of October ofa given year(i.e., between October 1 and: 31),you must report any required compensation information oft the subrecipient by November 30 oft that year. 1 Exemptions. If, in thej previous tax year, you had gross income, from all sources, under described inj paragraph c.l.ofthis award term: a. To the recipient. $300,000, you are exempt from the requirements to report: 1. Subawards, and 2. The total compensation oft the five most highly compensated executives ofa any subrecipient. D. Definitions. For purposes of this award term: 1. Entity means all oft the following, as defined in 2 CFR part 25: C. Ad domestic or foreign nonprofit organization; d. Ad domestic or foreign for-profit organization; a. A Governmental organization, which is a State, local government, or Indian tribe; b. A foreign public entity; 4 AFederal agency, but only as a subrecipient under an award or subaward to a 2. Executive means officers, managing partners, or any other employees in management a. This term means al legal instrument to provide support for the performance ofa any portion oft the substantive project or program for which you received this award and that b. The term does not include your procurement of property and services needed to carry As subaward may be provided through any legal agreement, including an agreement that - non-Federal entity. positions. 3. Subaward: you as the recipient award to an eligible subrecipient. out the project or program. you or a subrecipient considers a contract. 4. Subrecipient means an entity that: a. Receives a subaward from you (the recipient) under this award; and b. Isaccountable to you for the use oft the Federal funds provided by the subaward. 5. Toldlcompensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for b. Awards ofs stock, stock options, and: stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement ofl Financial Accounting Standards No. 123 (Revised Earnings for: services under non-equity incentive plans. This does not include group. life, health, hospitalization or medical reimbursement plans that do not discriminate in favor ofexecutives, and are available generally to all salaried employees. d. Change in pension value. This is the change in present value of defined benefit and Above-market earnings on deferred compensation which is not tax-qualified. Other compensation, if the aggregate value ofall such other compensation (e.g. severance, termination payments, value oflife insurance paid on behalfofthe employee, perquisites or property) for the executive exceeds $10,000. more information see 17 C.F.R. $ 229.402(c)(2)): a. Salary and bonus. 2004)(FAS 123R), Shared Based Payments. actuarial pension plans. 14 Form RD3570-3 ATTACHMENTC .S System for Award Management and Universal Identifier Requirements A. Requirement for Registration with the General Services Administration's System for Award Management. Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency ofyour information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for Unique Entity ID Numbers. The Grantee must have a Unique Entity ID number in order to apply for, receive, and report on a Federal award. The DUNS Number is no longer valid for federal award identification. On April 4, 2022, the Unique Entity ID from SAM.gov is now the authoritative identifier for those doing business with the federal government. C.D Detinitions. For purposes of this award term: 1. System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently 2. The Unique Entity ID from SAM.gov is now the authoritative identifier for those doing business with the federal government. The Unique Entity ID is generated in SAM.gov. If you are registered in SAM.gov (active or not), you already have al Unique Entity ID. Itis viewable at SAM.gov. Ifyou are new to SAM.gov and will be registering for the first time, 3. Entity, as it is used in this award term, means all oft the following, as defined at 20 CFR part a. A Governmental organization, which isa a State, local government, or Indian Tribe; at tp:/www.sam.goy. you will get your Unique Entity ID (SAM) during registration. 25, subpart C: b. Af foreign public entity; C. Ad domestic or foreign nonprofit organization; d. Ad domestic or foreign for-profit organization; and e. AFederal agency, but only as a subrecipient under an award or subaward to a non- a. This term means a legal instrument to provide support for the performance of any portion oft the substantive project or program for which you received this award and b. The term does not include your procurement of property and services needed to carry As subaward may be provided through any legal agreement, including an agreement that Federal entity. 4. Subaward: that you as the recipient award to an eligible subrecipient. out the project or program. you consider a contract. 15 USDA Form RD1 1940-1 (Rev. 06-10) 1.CASE NUMBER ST CO BORROWERID 38-043-****1214 2.BORROWERI NAME City of Dunn Po Box 1065 Dunn 6.RACE/ETHNIC CLASSIFICATION WHITE 4-HISPANIC 3-AIIAN BLACK 5-API 10. SEX CODE 3-FAMILY ORGAN UNIT MALE 6 -MALE 2-FEMALE 6-PUBLICBODY WNED 14. DIRECT PAYMENT (See FMI) 2 17. COMMUNITY SIZE LOCOOORLESS (FOR SFHAND 2-OVER1 10,000 HPGONLY) 19.TYPE OF ASSISTANCE 075 (SeeFMI) 23.TYPE OF SUBMISSION 1-INITIAL 2-SUBSEQUENT 2 26. AMOUNT OF IMMEDIATE. ADVANCE 30. PROFIT TYPE LIMITEDPROFIT 1-FULLPROFIT 3- NONPROFIT COMPLETE FOR EM LOANS ONLY 31. DISASTER DESIGNATION NUMBER (SeeFMI) FINANCE OFFICE USE ONLY 33. OBLIGATION DATE MO DA YR REQUEST FOR OBLIGATION OF FUNDS FORM APPROVED OMBI No. 0570-0062 NSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED( ) Complete Items 11 through 29 and applicable Items 30 through 34. See FMI. LOANI NUMBER 3. NUMBER NAME FIELDS (1.2.or3 from liem 2) 4.STATE NAME North Carolina 5.COUNTY NAME Harnett 8.0 COLLATERAL CODE SECURED 5-LIVESTOCK ONLY 2-REALE ESTATE CHATTELO ONLY RLFA ACCT 12. VETERAN CODE 16. FEE INSPECTION -YES 2 2-NO 18. USE OF FUNDS CODE (SeeFMI). 21. SOURCE OF FUNDS FISCAL YEAR 2024 GENERAL BORROWER/LOAN INFORMATION 7.TYPEOF, APPLICANT PARTNERSHIP 9. EMPLOYEE EMPLOVEE 3-CLOSER -MEMBERO FAMILY 4-ASSOC. 13. CREDIT REPORT 2 2-NO 1-YES 1-REALE ESTATE -MACHINERY ONLY RELATIONSHIP CODE FAITHBASED 9- INDIANT TRIBE 11-OTHER 11.MARITAL STATUS 15.7 TYPE OF PAYMENT MONTHLY 3-SEMIA 2 QUARTERLY ASSOC. BODY OF 10-PUBLIC COLEGEUNVERSITY ANDCHATTEL 7-SECUREDBY 1-MARRIED -SEPARATED 3-UNMARRIED WDOEDDIVORCED) (INCLUDES 1-VES 2-NO COMPLETE FOR OBLIGATION OF FUNDS 20. PURPOSE CODE 8 22. TYPE OF ACTION -OBUGATIONONLY 3-CORRECTIONOF REQUEST 24. AMOUNT OF LOAN 134,000.00 27.DATEOF APPROVAL MO DAY YR 25. AMOUNT OF GRANT 28. INTEREST RATE 29.F REPAYMENT TERMS 4% 5 COMPLETE FOR COMMUNITY PROGRAM, AND CERTAIN MULTIPLE-FAMILYI HOUSING LOANS COMPLETE FOR CREDIT SALE-ASSUMPTION -ASSUIMPTIONONLY 1-CREDITS SALEONLY 3-CREDITS SALEV WITHSUBSEQUENT: LOAN SUBSEQUENTI LOAN COMPLETE FORI FPL LOANS ONLY 32.TYPE OF SALE ASSUMPTIONWITH 34. BEGINNING FARMERIRANCHER (SeeF FMI) Ifthed decisiono containedo abovei in this fomm resulis indenial, reductiono ore ancellationoftsD4. joun may appealn this decisiona andh havea ahcaringe ory joun may, requestarevior, inli liewofahearing Please usen the/ formy weh hareh inchdedforn thisp purpose. Position 2 ORIGINAL. Borrower's Case Folder COPY1- Finance Office COPY2-Aplcanvlemnder COPY3-S State Office Acconling ton the Papenrork RedctionA Acrof 1995, anagency may more conductors sponsor andapersonisn orr requiredi rynfaslectians ofinformationn unlessi displaysan validoMBe control OMBO controln mmber forn thisi informationo collectionis0 0570-0062. Then time required to complete thisi informatione collectioni isestimatedioa average 15minutes pern response. inchding the time forr reviewingi mmber. instructions. Thes valid searchinge existinge datas sources gatheringa andn maintaining thed datan needed, ande completinge andn reviewingn thec collections ofinformation CEKTIFICATION APPROVAL For All Farmers Programs EM,OL, FO, and SW Loans This loani is approved subject to the availability of funds. Ifthis loan does not close for any reason within 90 days from the date of approval on this document, the approval official will request updated eligibility information. The undersigned loan applicant agrees that the approval official willl have 14 working days to review any updated information prior to submitting this document for obligation of funds. Ifthere have been significant changes that may affect eligibility, a decision as to eligibility and feasibility willl be made within 30 days from the time the applicant provides the necessary information. Ifthisi is al loan approval for which al lien and/or titles search is necessary, the undersigned applicant agrees that the 15-working-day loan closing requirement may be exceeded fort the purposes oft the applicant's legal representative completing title work and completing loan closing. 35. COMMENTS ANDI REQUIREMENTS OF CERTIFYING OFFICIAL Loan and Grant approval subject to meeting all requirements of the checklist, Letter of Conditions, Office of General Counsel Loan Closing processing Instructions and the attached Community Facilities Grant Agreement conditions. 36. IHEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere toi finance my actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in or near my community for loans fors similar purposes and periods oft time. agree to use the sum specified herein, subject to and in accordance with regulations applicable to the type of assistance indicated above, and request payment of such sum. agree to report to USDA any material adverse changes, financial or otherwise, that occur prior to loan closing. Icertify that noj part oft the sum specified herein has been received. Ihave reviewed the loan approval requirements and comments associated witht this loan (For FPI loans ate eligible terms only) Ifthisl loan is approved, Ielect the interest rate tol be charged on my loan tol be the lower oft the interest rate ine effect att the time ofl loan approval or loan closing. IfIcheck' "NO", the interest rate charged on my request and agree to comply with these provisions. loan will bet the rate specified inl Item 28 oft this form. YES NO WARNING: Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious orf fraudulent statement or entry, shall be fined under this title or imprisoned not more than five years, or both." Date August 27 20. 24 20. William Elmore, Jr. Mayor (Signature of Applicant) (Signature ofCo-Applicant) Date. 37. IHEREBY CERTIFY that all of the committee and administrative determinations and certifications required by regulations prerequisite to providing assistance oft the type indicated abovel have been made and that evidence thereof is in the docket, and that all requirements of pertinent regulations have been complied with. Ih hereby approve the above-described assistance in the amount set forth: above, and by this document, subject to the availability of funds, the Government agrees to advance such amount tot the applicant fort the purpose ofa and subject to the availability prescribed by regulations applicable to this type of assistance. (Signature of Approving Official) Typed or Printed Name: Reginald Speight Date Approved: Title:. State Director 38. TOTHE APPLICANT: As of this date_ this is notice that your application for financial assistance from the USDA has been approved, asi indicated above, subject to the availability of funds and other conditions required by the USDA. Ify you have any questions contact the appropriate OSDA Servicing Office. "The grantee understands the requirements for receipt of funds under the Community Facilities Grant Program. The grantee assures and certifies that it is inc compliance with all applicable laws, regulations, Executive Orders, and other applicable requirements, including those set forth in Form RD 3570-3, 7 CFR parts 3015, 3016, or 3019 as subsequently modified, and the letter of conditions. The following conditions may apply if CFG funds were used to purchase "The grantee understands that any property acquired or improved with Federal grant funds may have use and disposition conditions which apply to the property as provided by 7 CFR parts 3015, 3016, or 3019 in effect at this time and as may "The grantee understands that any sale or transfer of property is subject to the interest of the United States Government in the market value in proportion to its participation in the project as provided by 7 CFR parts 3015, 3016, or 3019 in equipment or obtain or improve real property: be subsequently modified." effect at this time and as may be subsequently modified." Hwordimportant Documents/Atachment to 1940-1 (Grant Request).doc USDA Form RD 1940-1 (Rev. 06-10) 1.CASE NUMBER ST CO BORROWERID 38-043-*****1214 2.BORROWERI NAME City of Dunn Po Box 1065 Dunn 6.RACE/ETHNIC CLASSIFICATION 2-BLACK -WHITE 4-HISPANIC 5-API 3-AVAN 10. SEX CODE FAMILYUNIT ORGAN MALE 2-FEMALE 6-PUBLICBODY 14. DIRECT PAYMENT (SeeF FMI) 17. COMMUNITY SIZE -1000OORLESS (FOR SFHAND 2-OVER10,000 HPGONLY) 19. TYPE OF ASSISTANCE 303 (SeeFMI). 23. TYPE OF SUBMISSION 1-INITIAL 2-SUBSEQUENT 2 26. AMOUNT OF IMMEDIATE. ADVANCE 30. PROFIT TYPE LMITEDPROFIT 1-FULLPROFIT 3-NONPROFIT COMPLETE FORI EM LOANS ONLY 31. DISASTER DESIGNATION NUMBER (SeeFMI) FINANCE OFFICE USE ONLY 33. OBLIGATION DATE MO DA YR REQUEST FOR OBLIGATION OF FUNDS FORM APPROVED OMBI No. 0570-0062 NSTRUCTIONS-TIYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED( ) Complete Items 1 through 29 and applicable Items 30 through 34. See FMI. LOAN NUMBER 3. NUMBER NAME FIELDS (1.2,or3 3from ltem2 2) 4.STATE NAME North Carolina 5.COUNTY NAME Harnett FISCAL YEAR 2024 GENERAL BORROWERILOAN INFORMATION 7.TYPE OF APPLICANT ORG. OFF FARMERS SECULAR PARTNER NONPROFIT BODY INDIANT TRIBE OF COLLEGEUNVERSITY FARMERS 11-OTHER 11.MARITAL STATUS OWNED MARRIED 3-UNMARRIEDO (INCLUDES 1-YES CODE 2-SEPARATED WDOWEDDIVORCED) 2-NO 15. TYPE OF PAYMENT 2- 1-MONTHLY ANNUALLY 3-SEMI -ANNUALLY 8. COLLATERAL CODE 9. EMPLOYEE 1-REALE ESTATE MACHINERY ONLY RELATIONSHIP ONLY 2-REALE ESTATE 6-CROPSONLY 2-MEMBEROFF -EMPLOYEE FAMILY NOTE 7-SECUREDBY BONDS -CLOSEF RELATIVE CHATTELONLY RLFA ACCT -ASSOC. 12. VETERAN 13. CREDIT 1-YES REPORT 2 2-NO 16. FEE INSPECTION 2-NO -YES 2 18. USE OF FUNDS CODE (SeeFMI) 21. SOURCE OF FUNDS CODE COMPLETE FOR OBLIGATION OF FUNDS 20. PURPOSE CODE 8 22. TYPE OF ACTION 2-OBLIGATIONCHECK REQUEST -CORRECTIONOF OBLIGATION 24. AMOUNT OF LOAN 27.DATE OF APPROVAL MO DAY YR 25. AMOUNT OF GRANT 25,000 0% 28. INTEREST RATE 29. REPAYMENT TERMS COMPLETE FOR COMMUNITY PROGRAM, AND CERTAIN MULTIPLE-FAMILYI HOUSING LOANS COMPLETE FOR CREDIT SALE-ASSUMPTION ASSUMPTIONONLY I-CREDITSALEONLY 3-CREDITS SALEV WITHSUBSEQUENT LOAN COMPLETE FORI FPI LOANS ONLY 34. BEGINNING FARMERIRANCHER (SeeF FMI) 32.TYPE OF SALE ASSUMPTIONWITH LOAN lfihea decisione containedo above inthis fomn resulsi ina denial. redhictiono ord cancellationo efUSDA joun may appeali thisa decisiona andhnea ahcaringo ory JouR may Please use the formy wel haeh inchdedfor thisy purpose. requestarevier ink lievofahcaring Position2 2 ORIGINAL- Borrower's Case Folder COPY1-F Finance Office COPY2-Applcanvlender COPY3-State Office According lo the Papenrork Redction Acrefl 1995, ana agency may note condictors sponsor andapersoni ismorn required ion mponfmacalectione ofinformationt unless irdisplaysay validOMBe OMB controln mumber fori thisi informatione collectioni is 0570-0062. Then timer required loc complete thisi information collectioni isestimatediod average 15m mimites perr response. inchding controls mmber. Thev vulid searching existinge datas sources. gathering andm maintainingn thea datan needed. ande completinga andr reviewing thec collectione efinformation. the time forreviewingi instrctions. CEKTIFICATION APPROVAL For All Farmers Programs EM,OL, FO, and SW Loans This loan is approved subject to the availability oft funds. Ifthis loan does not close for any reason within 90 from the date of approval on this document, the approval official will request updated eligibility information. The undersigned days loan applicant agrees that the approval official willl have 14 working days tor review any updated information prior to this document for obligation of funds. Ifthere have been significant changes that may affect eligibility, a decision submitting as to eligibility and feasibility willl be made within 30 days from the time the applicant provides the necessary information. Ifthisi isa al loan approval for which a lien and/or title searchi is necessary, the undersigned applicant agrees thatt the 15-working-day loan closing requirement may be exceeded for the purposes ofthez applicant's legal representative Loan and Grant approval subject to meeting all requirements of the processing checklist, Letter of Conditions, Office of General Counsel Loan Closing Instructions and the attached Community Facilities Grant Agreement conditions. 36. IHEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in or near my community for loans fors similar purposes and periods of time. Iagree to use thes sum specified herein, subject to and in: accordance with regulations applicable to thet type ofassistancei indicated above, and request payment ofs such sum. I agree to report to USDA any material adverse changes, financial or otherwise, that occur prior to loan closing. Icertify that no part of the sum specified herein has been received. Ihave reviewed the loan approval requirements and comments associated with this loan (For FPI loans at eligible terms only) Ifthis loani is approved, Ielect thei interest rate to be charged on my loan to be the lower ofthe interest ratei in effect at the time ofl loan approval or loan closing. IfI check "NO", the interest rate charged on my completing title work and completing loan closing. 35. COMMENTS ANDI REQUIREMENTS OF CERTIFYINGOFFICIAL request and agree to comply with these provisions. loan willl be the rate specified inl Item 28 oft this form. YES NO WARNING: Whoever, in any matter within thej jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious ori fraudulent statement or entry, shall bei fined under this title or imprisoned not more than fivey years, or both." Date August 27 Date 20. 24 20. William Elmore, Jr. - Mayor (Signature of Applicant) (Signature ofCo-Applicant) 37. IHEREBY CERTIFY that all oft the committee and administrative determinations and certifications required by regulations prerequisite to providing assistance oft the typei indicated above have been made and that evidence thereofi is in the docket, and that all requirements of pertinent regulations have been complied with. hereby approve the above-described assistance in the amount set forth above, and by this document, subject to the availability of funds, the Government agrees to advance such amount to the applicant for the purpose ofand subject to the availability prescribed by regulations applicable to this type of assistance. (Signature of Approving Oficial) Typed or Printed Name: Reginald Speight Date Approved: Title: State Director 38. TOTHE. APPLICANT: As oft this date this is notice that your application for financial assistance from the USDA has been approved, as indicated above, subject to the: availability of funds and other conditions required by the USDA. Ifyoul have: any questions contact the appropriate USDA Servicing Office. "The grantee understands the requirements for receipt of funds under the Community Facilities Grant Program. The grantee assures and certifies that it is ino compliance with all applicable laws, regulations, Executive Orders, and other applicable requirements, including those set forth in Form RD 3570-3, 7 CFR parts 3015, 3016, or 3019 as subsequently modified, and the letter of conditions. The following conditions may apply if CFG funds were used to purchase "The grantee understands that any property acquired or improved with Federal grant funds may have use and disposition conditions which apply to the property as provided by 7 CFR parts 3015, 3016, or 3019 in effect at this time and as may "The grantee understands that any sale or transfer of property is subject to the interest of the United States Government in the market value in proportion to its participation in the project as provided by 7 CFR parts 3015, 3016, or 3019 in equipment or obtain or improve real property: be subsequently modified." effect at this time and as may be subsequently modified." wordlmportant Documents/Atachment to 1940-1 (Grant Request).doc USDA-RD Form RD4 442-7 (Rev.3-02) Name Dunn, City of ApplicantFicalyear From OPERATING INCOME 1. Total Revenue 2. 3. 4. 5.Miscellaneous 6.Less: Allowances and Deductions 7.Total Operating! Income lAddlineslthrough6 OPERATING EXPENSES 8. Total Expense 9. 10. 11. 12. 13. 14. 15. Interest (RD) 16. Depreciation 17.Total Operating Expense (Addl lines 8through 16) 18. NET OPERATING INCOME (LOSS) (Line 7less 17) NONOPERATING INCOME Position3 OPERATING BUDGET Form Approved OMBI No. 0575-0015 Exp Date 12/31/2024 Schedule1 Address POBox 1065 County Harnett 20 20 (2) (3) Dunn, NC: 28335- StatelndudingzPcode, NC28335- 20 24 (4) 13,828,587 To 20 (1) First Full Year (5) 14,000,000 13,828,587 12,042,109 14,000,000 12,666,210 236,358 750,000 13,028,467 800,120 260,552 800,000 13,726,762 273,238 19. 20. 21.Total Nonoperating. Income (AddLines 19and20) 22.NETINCOME (LOSS) (AddLines 8and2lTransler tolineASchedule2) 800,120 273,238 8/27/2024 Date 8/27/2024 Date Budget and Projected Cash Flow Approved by Governing Body Attest: Melissa Matti, Interim City Clerk William Elmore, Jr., Mayor Accordingt tother Paperwork ReductionA Actofl 1995, and agency mayr notconductor: sponser, andapersoni isnotr requiredton respond toacollection ofinformation unlessi tdisplays avaldomBcontrol number. Thev validOMBcontroln number fort thisi informationc colectionis0575-005: Thet timer requiredtoc complete thisi informationc collectioni ise estimatedt to averages Shoursperr response, includingt the timef forr reviewingi instructions, searchingexisting datas sources, gathering andmaintainingt thec datar needed, ondomphtlnygandiviewiy: thec collectiono ofinformation. Schedule2 First 273,238 800,000 ROJECTEDCASHFIOW 20 20 20 20 24 Full) Year 800,120 750,000 159,000 A. Line 221 from Schedule 11 Income (Loss) Add B.I Items in Operations not Requiring Cash: 1.Depreciation (Line 16, Schedule 1) 2.Others: C.Cash Provided from: 1.Proceeds from RDI loan/grant 2.Proceeds from others 3.Increase (Decrease) in Accounts Payable, Accruals and other Current Liabilities 4. Decrease (Increase) in Accounts Receivable, inventories and Other Current AssetsExclude Cash) 5.Other: 6. D. Total all A, Band Cltems E.L Less: Cash Expended for: (Loand andg grant funds) Equipment 3.Principal Payment RDI Loan 4.Principal Payment Other Loans 5.Other: 6.TotalEithroughs Add F.E Beginning Cash Balances 1,709,120 1,073,238 1.AII Construction, Equipment andl New Capital Items 2. Replacement: and Additions to Existing Property, Plant and 159,087 24.741 1,058,131 913,569 1,033.390 1,072,656 5.949.935 5,949.935 6,586,399 5,949,935 6,586,399 6,601,506 G.E Ending Cash Balances fotlofDminusE6pls Item GC Cash Balances Composed of: Construction. Account Revenue Account Debt Payment Account O&M Account Reserve Account Funded Depreciation Account Others: Restricted Total- Agrees with Item G 1,206,517 1,154,249 1,302,764 1.846.806 2,417,150 2,032,168 263.391 2,633,221 2,750,000 265,000 270,000 2,996,574 0.00. 5,949,935.00 6,586,399.00) 6,601,506.00 BUDGET ATTACHEMNT Income Detail Year3_0 Xear4_2024 0.00 0.00 0.00 0.00 0.00 13,828,587 Income Source Miscellaneous Less: Allowances and 0.00 Total Revenue TOTALS Year1_0 0.00 0.00 Year2_0 0.00 0.00 0.00 First Full Year 0.00 0.00 14,000,000 13,828,587.00 14,000,000.00 Expense Detail Year4_2024 236,358.00 750,000.00 13,028,467 Expense Source Year1_o Interest Total Expense 0.00 TOTALS Year2_0 0.00 0.00 0.00 Year3_0 0.00 0.00 0.00 First Full Year 260,552.00 800,000.00 13,726,762 0.00 0.00 12,042,109.00 12,666,210.00 NC Instruction 1942-A & 1942-C Guide 8 (9/97) REQUEST FOR LOWER INTEREST RATE Applicant: City ofl Dunn Project: Loan Amount: 2024 - Public Works Equipment $134.000.00 Ihereby request the interest rate oft the referenced loan be the lower oft the rate in effect at the time ofl loan approval or the time ofl loan closing. ELMORE WILLIAMS, JR. MAYOR (Title) Form RD 400-1 (Rev. 8-22) FORM APPROVED OMB No. 0575-0201 Exp. Date: 07/31/2025 UNITEDSTATES DEPARTMENT OF AGRICULTURE EQUALOPORTUNITY AGREEMENT This agreement, dated City of Dunn witnesseth: contract 08-27-2024 between amended, or a construction (herein called' "Recipient" whether one or more) and United States Department of Agriculture (USDA), pursuant to the rules and regulations oft the Secretary ofLabor (herein called the Secretary') issued under the authority of] Executive Order 11246 as made by the USDA tol Recipient, Recipient hereby agrees, ifthe cash cost of construction work performed Labor issued pursuant to Section 204 of] Executive Order 11246 ofs September 24, 1965. with the aid ofs such financial assistance, the following "Equal Opportunity Clause": During the performance oft this contract, the contractor agrees as follows: Inc consideration of financial assistance (whether by a loan, grant, loan guaranty, or other form off financial assistance) made or tol be financed with such financial assistance exceeds $10,000 - unless exempted by rules, regulations or orders Recipient oft the Secretary of 1. To incorporate or cause to bei incorporated into any contract for construction work, or modification thereof, subject to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in whole or in (a) The contractor will not discriminate against any employee or applicant for employment because ofrace, color, national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees religion, are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion ort transfer; recruitment or recruitment advertising; layoff ort termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees toj post in conspicuous places, available to employees and applicants for employment, notices to be provided by the (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf oft the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, ar notice, to be provided by the USDA, advising the said labor union or workers' representative of the contractor's commitments under this agreement and shall post copies oft the noticei in conspicuous places (d) The contractor will comply with all provisions of Executive Order 11246 of September 24,1965, and of all rules, regulations (e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, rules, regulations, and orders, or pursuant thereto, and will permit access tol his books, records, and accounts by the USDA Civil Rights Office, and the Secretary ofLabor for purposes of investigation to ascertain compliance with such rules, (f) Int the event oft the contractor's noncomplance with the nondiscrimination clauses oft this contract or with any of thes said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole ori in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided inl Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of (g) The contractor will include the provisions of paragraph I and paragraph (a)t through (g) in every subcontract or purchase order, unless exempted by ther rules, regulations, or orders of the Secretary ofLabor issued pursuant to Section 204 ofl Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon eachs subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the USDA may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, ori ist threatened with, litigation with a subcontractor or vendor as a result of such direction by the USDA, the contractor may request the United States to enter into such litigation toj protect the interest oft the United States. by part sex or USDA: setting forth the provisions ofthis nondiscrimination clause. available to employees and applicants for employment. andi relevant orders oft the Secretary ofLabor. regulations, and orders. Labor, or as otherwise provided by Law. According to the Paperwork Reduction. Act of1995, an agency may not conduct or sponsor, anday person is not required t0,, a collection ofi information unless it displays a valido OMB control number: The validOMB. control number for this to respond collections is 0575-0018. The time required io complete this information collection is estimated! to average 101 mimutes information including the time) for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, per and response, completing andi reviewing the collection of information. Position 6 RD 400-1 (Rev.5-00) 2. To be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that ift the organization so participatingi isa State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision ofs such government which does not participate in 3.1 Tor notify all prospective contractors to filet ther required Compliance Statement, Form RD 400-6, with their bids. 4.1 Form AD-425, Instructions to Contractors, will accompany the notice ofa award ofthe contract. Bid conditions for all nonexempt federal and federally assisted construction contracts require inclusion of the appropriate Hometown" or "Imposed" plan affirmative action and equal employment opportunity requirements.. All bidders must comply with the bid conditions contained int the invitation to 5.1 To assist and cooperate actively with USDA and the Secretary in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary, that will furnish USDA and the Secretary such information such as, but notl limited to, Form AD-560, Certification ofl Nonsegregated Facilities, to submit the Monthly Employment Utilization Report, Form CC-257, as they may require for the supervision of such compliance, and that it will otherwise assist USDA in 6. Tor refrain from entering into any contract or contract modification subject to such) Executive Order 11246 of September 24, 1965, with ac contractor debarred from, or whol has not demonstrated eligibility for, Government contracts and Federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation oft the equal opportunity clause as may bei imposed upon contractors and subcontractors by USDA or the Secretary ofLabor pursuant tol Part II, Subpart D, ofthe 7. That ifther recipient fails or refuses to comply with these undertakings, the USDA may take any or all oft the following actions: Cancel, terminate, or suspend in whole or inj part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance tot the organization under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such organization; and refer the case to the Department of. Justice for appropriate legal work on or under the contract. be considered responsible bidders and hence eligible for the award. the discharge ofUSDA's primary responsibility for securing compliance. Executive Order. proceedings. Signed by the Recipient on the date first written above. Recipient Recipient (CORPORATE SEAL). Attest: City of Dunn Name of Corporate Recipient By. Melissa Matti, Interim City Clerk William Elmore, Jr., Mayor USDA-RD Form RD 1910-11 (Rev.9-02) Position3 UNITEDSTATES DEPARTMENT OF AGRICULTURE RURALDEYELOPMENT APPLICANT CERTIFICATION FEDERAL COLLECTION POLICIES FOR CONSUMER OR COMMERCIAL DEBTS Thel Federal Government is authorized to check credit information about the: applicant(s) including using the federal Credit Alert Interactive Voice Response System (CAIVRS) or its successors to check tos see ifthe applicant(s) are delinquent ori in default on al Federal debt. The Federal Government is also authorized by law to take any or all oft the following actions int the event your loan payments become delinquent or you default on your loan: Report your name and account information to a credit reporting agency, and the Credit Alert Interactive Voice Response Assess charges to cover: additional administrative costs incurred by the government tos service your account. System (CAIVRS). Assess interest and penalty charges for thep period of time that payment is not made. Offset amounts to be paid to you from your Federal income tax refund. Offset amounts to be paid to you under other Federal Programs. Refer your account to a private collection agency to collect the amount due. Foreclose on: any security youl have given for the loan. Pursue legal action to collect through the courts. Report any written off debt tot the Internal Revenue Service as taxable income. executive branch oft the Federal Government for the period of debarment ors suspension. Ifyou are ac current or retired Federal employee, take action to offset your salary, or civil service retirement benefits. Debar or suspend you from doing business with the Federal Government either as a participant or principal throughout the Refer any debt that is delinquent to the Treasury Offset Program (TOP) in accordance with thel Debt Collection Refer any eligible debt that is delinquent to the Treasury for cross servicing in accordance with the Debt Collection Improvement Act of1 1996. Improvement. Act of 1996. Garnish your wages as allowed by the Debt Collection Improvement Acto of1996. Any or all oft these actions may be used tor recover any debts owed when iti is determined to be in the interest oft the Government to do SO. CERTIFICATION: I/wel haver read and I/we understand the actions the Federal Government may takei in the event that Iwe fail to meet my/our scheduled payments in accordance with thet terms and conditions ofn my/our agreement. Iwe understand that the above listi is not all inclusive and that the Federal Government may deem additional actions necessary to collect should I/we become delinquent. 08-27-2024 (Date). 08-27-2024 (Date) 08-27-2024 (Date) gpature-ndhvidhualg, gnatre-ndhviduals, City of Dunn (SEAL) (Name of Applicant) (Signature of Authorized Entity Official) (Title of Authorized Entity Official) ATTEST: William Elmore, Jr., Mayor PO Box 1065 Dunn, NC 28335- (Signature of Attesting Official) (Title of Attesting Official) (Address) (City, State, and Zip Code) Melissa Matti, Interim City Clerk RD 1910-11( (Rev.9-02) FORM APPROVED OMB No. 0575-0201 Exp. Date: 07/31/2025 USDA Form RD 400-4 (Rev.08-22) Position 3 ASSURANCE, AGREEMENT (Under Title VI, Civil Rights Act ofl 1964) The City of Dunn PO Box 1065 Dunn, NC28335- (name ofi recipient) (address) Asac condition of receipt of Federal financial assistance, you acknowledge and agree that your must comply (and require any subgrantees, subrecipients, contractors, successors, transferees, and assignees to comply) with applicable provisions ofnational 1. Title VI oft the Civil Rights Act of 1964, as amended, which prohibits you from discriminating on the basis ofr race, color, or national origin (42 U.S.C. 2000d et seq.), and7CFRI Part 15,7CFR 1901, Subpart E. As clarified by Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service) guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI,your must take reasonable steps to ensure that LEP persons have meaningful access toy your programs [in accordance with USDA RDLEP Guidance for RDI Funded (Assisted) Programs). Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. You are encouraged to consider the need for language services for LEP persons served or encountered both in developing your budgets andi in conducting your programs and activities. For assistance andi information regarding: your LEP obligations, go to 2. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating on the basis of sex in education programs or activities (20 U.S.C. 1681 et seq.)[asi implemented by 7CFRI Part 15,7CFR 1901, Subpart 3. The Age Discrimination Act of1975, as amended, which prohibits you from discriminating on the basis of age 4. Section 504 oft the Rehabilitation Act of 1973, as amended, which prohibits you from discriminating on the basis of disability (29 U.S.C. 794)! [as implemented by 7CFRI Part 15,7CFRI Part 15b, 7CFR 1901, Subpart E; 5. Title VIII of the Civil Rights Act, which prohibits you from discriminating in thes sale, rental, financing, and advertising of dwellings, ori in the provision ofs services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. 3601 et seq.), asi implemented by the Department of Housing and Urban Development at 24 CFR part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units, i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) be 6. Titles II and II oft the Americans with Disabilities Act, which prohibit you from discriminating on the basis of disability in the operation of public entities, public and private transportation: systems, places of public accommodation, and certain testing entities (42 U.S.C. SS 12131-12189), as implemented by Department of Justice regulations at28 laws and policies prohibiting discrimination, including but not limited to: tpwww.lep.gov: EJ; (42 U.S.C. 6101 et seq.) [as implemented by 7CFR Part 15,7CFR 1901, SubpartE);: designed and constructed with certain accessible features, see 24 CFR Part 100.201;and C.F.R. parts 35 and 36, and 7CFRI Part 15,7CFR Part 15b, 7CFR 1901, Subpart E. According o thel Paperwork Reduction Acte efl 1995, no persons are requiredi ior respondioad collection ofi information unless it control mumber fori thisi information collection is6 0575-0018. The timer requiredi to complete this information is estimatedi 1o average displaysa 15 minutes per response. reviewingi instructions, searching existinge data sources, gatheringa and maintaining thec datar needed, ando completing andr reviewing thec collection ofi information. inchuding ther time for as validOMB control number. validOMB Thes You also acknowledge: and agree that your must comply (and require any subgrantees, subrecipients, contractors, successors, transferees, and assignees to comply) with applicable provisions governing USDA Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service) access to records, accounts, documents, information, facilities, and staff: Your must cooperate with any compliance review or complaint investigation conducted by USDA Rural Development 2. Yous must give USDA Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service) access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals andi information as may be necessary, as required by Title VI,Title IX, Age, and Section 504 implementing regulations and other applicable 3. You must keep such records and submit to the responsible Department official or designee timely, complete, and accurate compliance: reports at such times, andi in such form and containing such information, as the responsible Department official or his designee may determine to be necessary to ascertain whether you have complied or are 4. You must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed 5. Make available to users, participants, beneficiaries and otheri interested persons such information regarding the provisions oft this agreement and the regulations, and in such manner as the Rural Development ort the U.S. Department of Agriculture finds necessary toi inform such persons oft the protection assured them against discrimination. 6. If, during the past three years, you (the recipient) have been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, you must provide al list ofall such proceedings, pending or completed, including outcome and copies of settlement agreements. 7. In the event any court or administrative agency makes ai finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against you, or yous settlea a case or matter alleging such discrimination, you must forward: a copy oft the complaint and findings to USDA Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service), Office of (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service). laws or program guidance. complying with relevant obligations. inj program guidance. Civill Rights. The United States has the right tos seek] judicial enforcement of these obligations. You also acknowledge: and agree that you must comply (and require any subgrantees, subrecipients, contractors, successors, transferees, and assignees to comply) with applicable provisions of! program-specific nondiscrimination policy requirements found at CFR Part 15,7CFR Part 15b, 12CFRI Part: 202,7CFR 1901, Subpart E., DR4300-003, DR4330-0300, DR4330-005. Int the case of any service, financial aid, covered employment, equipment, property, or structure provided, leased, or improved with federal assistance extended to the Recipient by Rural Development (Rural Housing Service, Rural Business and Cooperative Service, andl Rural Utilities Service), this assurance obligates the Recipient for the period during which federal assistance is extended. In the case of any transfer of suchs service, financial aid, equipment, property, or structure, this assurance obligates the transferee for the period during which federal assistance is extended. Ifany personal property is so provided, this assurance obligates thel Recipient fort the period during which it retains ownership or possession oft the property. In all other cases, this assurance obligates the Recipient for the period during which the federal assistance is extended tot thel Recipient by Rural Development (Rural Where a primary objective oft the federal assistance ist to provide employment or where the Recipient's employment practices affect the delivery ofs services inj programs or activities resulting from federal assistance extended by Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service), the Recipient agrees not to discriminate on the grounds of race, color, national origin, sex, age, or disability, ini its employment practices. Such employment practices may include, but are not limited to, recruitment, advertising, hiring, layoff or termination, promotion, demotion, transfer, rates of pay, training and Period of Obligation Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service). Employment Practices participation in upward mobility programs; or other forms of compensation and use of facilities. Data Collection The Recipient agrees to compile and maintain information pertaining to programs or activities developed as a result of the Recipient'sr receipt of federal assistance from) Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service). Such information shall include, buti is not limited tot the following: (1)t the manner in which services are or will bey provided and related data necessary for determining whether any persons are or willl be denied such services on the basis ofprohibited discrimination; (2) the population eligible to be served by race, color, national origin, sex, age, and disability; (3) data regarding covered employment including use or planned use ofbilingual public contact employees serving beneficiaries ofthe program where necessary to permit effective participation by beneficiaries unable tos speak or understand English; (4) thel location of existing or proposed facilities connected with the program and related information adequate for determining whether the location has or willl have the effect of unnecessarily denying access to any person on the basis of prohibited discrimination; (5) the present or proposed membership by race, color, national origin, sex, age: and disability in any planning or advisory body which is an integral part of the program; and (6) any additional written data determined by Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service) to be relevant to the obligation to assure compliance by recipients with laws Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations as herein described, that the information submitted in conjunction with this Document is accurate and complete, and that the recipient isi in compliance citedi in this assurance agreement. with the nondiscrimination requirements set out above. Rights and remedies provided for under this agreement shall be cumulative. In witness whereof, City of Dunn hereunto executed this agreement. on this (name ofr recipient) date has caused this agreement to be executed by its duly authorized officers andi its seal affixed hereto, or, ifar natural person, has (SEAL) Recipient Date Title 8/27/2024 Attest: William Elmore,Jr., Mayor Melissa Matti, Interim City Clerk Title RD. Instruction 1940-Q Exhibit A-1 CERTIFICATION FOR CONTRACTS, GRANTS AND LOANS The undersigned certifies, to the best of his or her knowledge and belief, 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant or Federal loan, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant or loan. will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant or loan, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance 3 The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including contracts, subcontracts, and subgrants under grants and loans) and that all This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.. that: 2 If any funds other than Federal appropriated funds have been paid or with its instructions. subrecipients shall certify and disclose accordingly. William Elmore Jr. 08/27/2024 (date) (name) Mayor (title) 000 (08-21-91) PN171 USDA-Rural Development 2736 NC Highway 210 Smithfield, NC: 27577 Dear Sir: This is to certify that City of Dunn Local requirements to include the following: a) Compliance with special laws and regulations isino compliance with Federal, State, and b) Compliance with State Pollution Control or Environmental Protection Agency c) Consistency with other development plans oft the area and State Strategic Plan. standards d) State agency regulating water rights. e) Compliance with the Civil Rights Act of 1964. Compliance with Title IX of the Education Amendments of 1972 g) Compliance with Section 504 of the Rehabilitation Act of 1973. h) Compliance with the Age Discrimination Act of 1975 William Elmore, Jr., Mayor Date: 8/27/2024 CERTIFIEDLIST OF OFFICERS/DIRECTORS MAMEOFAPPLICANT: City of Dunn PO Box 1065, Dunn, NC 28335 PHONE. NUMBER: 910-230-3500 PO BOX (if applicable) and PISICALADDRESS OFSECURITY: ALTERNATE NUMBER: CONTACT PERSON: Steven Neuschafter, 401 East Broad Street, Dunn, NC 28335 (Name) (Address) sneuscnatterc@unn-nc.org (Email Address) OFFICERS AND DIRECTORS OF GOVERNING BODY NAME OFFICE HELD Mayor Council Council Council Council Council Council City Manager TERMS OF OFFICE 2027 2027 2027 2027 2027 2027 2027 William P. Elmore, Jr. J. Wesley Sills April Gaulden Raquel McNeil Billy N. Tart Alan Hargis Dr. David L. Bradham Steven Neuschafter Icertify that the above is the correct list ofc officers and directors of the: City of Dunn asof 8/27/2024 (Date) (SEAL) (Applicant Name) CERTIFIED CORRECT: Melissa Matti, Interim City Clerk USDA Uniteds States Departmentof Agriculture Rural Development Together, America Prospers Rural Development August 27, 2024 City of Dunn Attn: William Elmore, Jr., Mayor 401 East Broad Street PO Box 1065 North Carolina State Office 4405E Bland Road Suite 260 Raleigh, NC: 27609 Voice 919.873.2000 Fax 844.3 325.6921 TTY711 Subject: Letter of Conditions for a Community Facilities Program Loan and Grant for 2024 Police Vehicles Dear Mayor Elmore, This letter, with attachments, establishes conditions that must be understood and agreed to by the applicant before further consideration may be given to the application for Federal Assistance. The State and Area Office staff of USDAI Rural Development (RD) will administer the loan and/or grant funds for this project on behalf of the Rural Housing Service. All parties may access information and regulations referenced in this letter at our website located at: nttps/www.rd.usda.govprograms-services/community-faciities. Any changes in project cost, source of funds, scope of services, or any other significant change (this includes significant changes ini the Borrower'st financial condition, operation, organizational structure or executive leadership) in the project or applicant must be reported to and approved by USDA Rural Development by written amendment to this letter. Any changes not approved by USDA Rural Development will be cause for discontinuing processing of the application. Ify you do not meet the conditions of this letter, the Agency reserves the right to This letter is not to be considered as loan/grant approval or as representation to the availability of funds. The application can be processed on the basis of a USDA Rural Development loan noti to exceed $215,000.00 and grantr not to exceed $50,000.00. Funds for Please complete and return the attached Form RD 1942-46, "Letter of Intent to Meet Conditions," and Form RD 1940-1, "Request for Obligation of Funds,' within ther nextten(10) days, if you desire that we give further consideration to your application. The execution of these and all other documents required by USDA Rural Development must be authorized by The loan and grant will be considered approved on the date Form RD 1940-1, "Request for Obligation of Funds," is mailed by USDA Rural Development. This is also the date that the interest rate is established. Ift the interest ratei is lower at the time of loan closing, you must The loan will be repayable over a period nott to exceed 5y years from the date of loan closing at the market interest rate. The first interest installment will be due no later than one full year withdraw. Agencyfunding. this project are provided byt the Rural Housing Service (RHS). appropriate resolutions of the applicant's governing! body. make a request in writing to receive the lower rate in effect. from the date of loan closing. USDA is an equal opportunity provider, employer, and lender. City of Dunn - 2024 Police Letter of Conditions and funding will be as follows: a. Project Expenses Development Land & Rights Legal Architect Fees Interest Equipment Contingencies Refinancing Other (Described) Resident Inspection Total Source of Funds b. Funds USDAI Loan USDA Grant Other Total August 27, 2024 Project Budget--Based on Standard Form 424, "Application for Federal Assistance," the project cost Costs $1,532.00 $267,877.00 $269,409.00 Total $215,000.00 $50,000.00 $269,409.00 Applicant Contributions $4,409.00 Any changes in funding sources following obligation of Agency funds must be reported to the processing official. Project feasibility andi funding will be reassessed if there is a significant change in project costs after bids are received. If actual project costs exceed the project cost estimates, an additional The applicant will ensure projects are completed in at timely, efficient, and economical manner. Section Iof the attached conditions (Items 1--18) must be satisfied prior to interim loan closing or before construction begins, whichever occursi first, in either case notl later than one (1)yeari fromi the date of this letter. In the event the project has not advanced to the point of construction within one (1) year, USDA Rural Development reserves the right to discontinue the processing of the application. contribution byt the borrower may be necessary. Ifyoul have any questions, feel free to contact this office. Sincerely, Tobais Fullvood TOBAIS FULLWOOD Area Specialist CC: Community Programs Director, USDA Rural Development, 2 City of Dunn- - 2024 Police Letter of Conditions August2 27,2024 ATTACHMENTTOLETTER OF CONDITIONS SECTION I. CONDITIONS TO BE SATISFIED PRIOR TO LOAN/GRANT CLOSING OR BEFORE 1. Reserves-The applicant will establish a separate debt service reserve account in an amount at least equal to an average annual loan installment. This reserve will be accumulated: at the rate of at least one-tenth of the average annual installment eachy year until the required level is reached, which is one average annual loan installment. The reserve account balance must be reported annually to the State Office andi included in the audit as a separate and identifiable line item as Fora anyf fiscal year endi inwhich the debt service reserve account balancei is less thanthe required account total; the applicant will provide the Agency with a twelve month budget and plan to CONSTRUCTION BEGINS, WHICHEVER OCCURS FIRST restricted. correct the cash shortfall. 2. Disbursement of Funds a. The applicant will provide evidence that funds from other sources will be made available for the project cost in the amount of $4,409.00. This evidence should include a copy of the b. The applicant's contribution of funds toward the project cost shall be considered the first funds expended and must be deposited in its project account before construction is started. C. Agency funds will not be used to pre-finance funds committed to the project from other d. The Debt Collection Improvement Act (DCIA) of 1996 requires that all Federal payments be made by Electronic Funds Transfer/Automated Clearing House (EFT/ACH). Borrowers receiving payments by EFT will have funds directly deposited to a specified account at a financial institution with funds being available to the recipient on the date of payment. The borrower should complete Form SF-3881, Electronic Funds Transfer Payment Enrollment Form, for each account where funds will be electronically received. The completed form(s) must be received by Rural Development at least forty-five (45) days prior to thet first advance loan/grant award that addresses howi funds will be disbursed. Please provide Rural Development evidencing applicant's contribution. sources. ofi funds. Failure to do sO could delay loan closing. 3. Security Requirements a. At loan closing the applicant will execute the attached Form RD 1942-47, "Loan Resolution (Public Bodies)". Please note ther refinancing provision inj paragraph: 2. Also, on page 3t there b. The applicant will be required to execute and complete Form RD 3570-03, "Agreement for Administrative Requirements for Community Facilities Grants" and "Notice of Federal C. A UCC Financing Statement lien search will be conducted by the Agency to identify lien priority position. Form UCC-1, "Financing Statement," with Form UCC-1Ad, "UCC Financing Statement Addendum," as appropriate, or other action as allowed by State statute, will be isa ac certificationt to be executed at loan closing. Interest" at thei time of grant closing. 3 City of Dunn - 2024 Police Letter of Conditions August27,2024 prepared by USDA Rural Development and filed with the NC Secretary of State and a copy recorded with the Harnett County Recorder (if applicable) to perfect a security interest in A$38.00fi filingi fee (fee subjectt to change based on current NC Secretary of Statef fees schedule) payable to the Secretary of State must be provided to the Agency at least 90 days prior to d. An Installment Purchase Contract will be secured by the United States of America, acting throughi thel Rural Housing Serviceb being named ast ther registered lien holderont the Certificate collateral to encumber thei following: loanclosing. ofTitle fort the vehicles being financed. e. 6 Thea applicant is required to execute Form RD 440-15, Security Agreement, ifrequired by OGC. 4. Insurance and Bonding Requirements- -The applicant must provide evidence of adequate insurance and fidelity bond coverage by loan closing or start of construction, whichever occurs first. Adequate coverage, in accordance with USDA Rural Development's regulations, must then be maintained for the life of the loan and evidence must be submitted to Rural Development annually. Evidence that coverage is being maintained must be provided annually thereafter. Iti is the responsibility of the applicant and not that of USDA Rural Development to assure that adequate insurance and fidelity bond coverage is maintained. Applicants are encouraged to review coverage amounts and deductible provisions with their attorney, consulting engineer, a. Property Insurance--Fire and extended coverage will be required on all above-ground structures, including applicant-owned equipment and machinery housed therein. Provide USDA Rural Development with proof of coverage and attach Lender's Loss Payable Endorsement (438 BFU or equivalent) naming the UNITED STATES OF AMERICA as lender. b. Corporate Liability Insurance The Applicant will provide public liability, and property damage insurance in an amount to adequately protect the applicant from civil action arising fromi the . Workers' Compensation Insurance-The applicant will be required to carry workers' compensation insurance for all employees in accordance with the State law. Provide USDA d. General liability and vehicular coverage must be maintained-Provide USDA Rural e. Fidelity Bond--Persons who have access to the funds and custody to any property will be covered by a fidelity bond or an adequate crime policy that protects the applicant from an employee crime. Coverage may be provided either for all individual positions or persons, or through "blanket" coverage providing protection for all appropriate employees and/or officials. The amount of coverage required by USDA Rural Development will be sufficient to cover thet total annual debt and reserve service requirements for the loan. The United States of America will be named as co-obligee on the bond. A certified power-of-attorney, with effective date will be attached to each bond. Provide USDAF Rural Development: twithacopy of and/or insurance provider(s). function of the applicant relative tot the project. Rural Development with proof of coverage. Development with proof of coverage. the bond andt the power of attorney. City of Dunn - 2024 Police Letter of Conditions August 27, 2024 5. Civil Rights & Equal Opportunity- The borrower/grantee has received an award of Federal funding and is required to comply with U.S. statutory and public policy requirements, including a. Section 504 of the Rehabilitation Act of 1973 - Under Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), no handicapped individual in the United States shall, solely by reason of their handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Agency financial assistance. The Standard for compliance is the Architectural Barriers Act Accessibility b. Civil Rights Act of 1964 - All recipients are subject to, and facilities must be operated in accordance with, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and 7CFR 1901, Subpart E, particularly as it relates to conducting and reporting of compliance reviews. Instruments of conveyance for loans and/or grants subject to the Act must contain the The Americans with Disabilities Act (ADA) of 1990 - This Act (42 U.S.C. 12101 et seq.) prohibits discrimination on the basis of disability ine employment, State and local government services, public transportation, public accommodations, facilities, and telecommunications. d. Age Discrimination, Act of 1975- - This Act (42 0.S.C.6101 et seq.) provides that no person in the United States shall on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal Limited English Proficiency (LEP) under Executive Order 13166 - LEP statutes and authorities prohibit exclusion from participation in, denial of benefits of, and discrimination under Federaly-assisted and/or conducted programs on the ground of race, color, or national origin. Title VI of the Civil Rights Act of 1964 covers program access for LEP persons. LEP persons are individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English. These individuals may be entitled to language assistance, free of charge. The recipient must take reasonable steps to ensure that LEP persons receive the language assistance necessary to have meaningful access to USDA programs, services, and information the recipient provides. These protections are pursuant to Executive Order 13166 entitled, "Improving Access to Services by Persons with Limited English Proficiency" and further affirmed int the USDA Departmental Regulation 4330- 005, "Prohibition Against National Origin Discrimination Affecting Persons with Limited but not limited to: Standards (ABAAS). covenant required by! Paragraph 1901.202(e) oft this Title. financial assistance. English Proficiency in Programs and Activities Conducted by USDA." Agency financial programs must be extended without regard to race, color, religion, sex, national origin, marital status, age, or physical or mental handicap. The recipient must display posters (provided byt the Agency) informing users of these requirements, andi the compliance with these requirements during regular compliance reviews. Agency will monitor the recipient's As a recipient of Rural Development funding, you are required to post a copy of the Non- Discrimination Statement listed below in your office and in include in full, on all materials 5 City of Dunn - 2024 Police Letter of Conditions print. August27,2024 produced for public information, public education, and public distribution both print and non- Non-Discrimination: Statement "This institution is an equal opportunity provider and employer." Ifyouwisht tot file a Civil Rights program complaint of discrimination, complete the USDAI Program Discrimination Complaint Form, found online at nttps:/www.cio.usda.govdocument/ad-3027, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of thei information requested ini thet form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence. Avenue, S.W., Stop 9410, Washington, D.C.20250-9410, byf fax (202) Ift ther material is too small to permit thet full statement to bei included, the material at ar minimum includes the statement in print size no smaller than the text that "This institution is an equal 690-7442 or email at ogam.imta@usdngo. opportunity provider and employer." 6. Written Agreements for Professional Services a. The legal service agreement submitted by Pope Law Group, PAI is satisfactory to USDA Rural Development. 7. System Policies, Procedures, Contracts, and Agreements - The facility must be operated ona sound business plan which involves adopting policies, procedures, and/or ordinances outlining a. Conflict of Interest Policy - Prior to obligation of funds, you must certify in writing that your organization has in place up-to-date written standards of conduct covering conflict of interest. The trantidomatmustiraian aisciptnaryactions. int the evento ofaviolation by officers, employees, or agents of the borrower. The standards identified herein apply to any parent, affiliate or subsidiary organization of the borrower that is not a state or local government, or Indian Tribe. Policies and accompanying documents shall be furnished to You must also submit a disclosure of planned or potential transactions related to the use of Federal funds that may constitute or present the appearance of personal or organizational conflict of interest. Disclosure must bei int thet form of a written letter signed and dated byt the applicant's official. A negative disclosure in the same format is required if no conflicts are Sample conflict of interest policies may be found at the National Council of Nonprofits website, nttps./ww.councldlnonproltsor.toolsresourcesiconflict-ot-interest, or in Internal Revenue Service Form 1023, Appendix A, "Sample Conflict of Interest Policy," at tp/ApwAIS.OVDuD/ts-pat,1023.pdt. Though these examples reference non-profit the conditions of service and use of the proposed system. Rural Development upon request. anticipated. corporations, the requirement applies to all types of Agencyborrowers. City of Dunn - 2024 Police Letter of Conditions August 27, 2024 Assistance in developing a conflict of interest policy is available through Agency-contracted 8. Electronic Funds Transfer-Al loan funds will be transferred tol borrowers via Electronic Funds Transfer/Automated Clearinghouse Systems (EFT/ACH). Normal transfers will be ACH, with money being placed in Borrower's account two business days after the USDA processing office approves the pay request. The applicant must submit the Electronic Funds Transfer Form containing the banking (ACH) information to the USDA Servicing Office at least 90 days prior to 9. Automatic Payments The applicant is required to participate in the Pre-Authorized Debit (PAD) payment process for all newa and existing indebtedness to USDA Rural Development. It will allow for the applicant's payment to be electronically debited from its account on the date their payment is due. Form RD: 3550-28, "Authorization Agreement for Pre-Authorized Payments,"is attached. Please fill out and "eypwrmawuavCompy, Information". section, then! haveyour inanclalnstitutonlpank fill outt thebottomportionpriortosubmiting: thet formt to thel USDARural 10. Loan Closing -The permanent loan will be closed in accordance with USDA Rural Development instructions, the legal requirements of the USDA Office of General Counsel, and this Letter of Conditions. AllL applicable closing documents, including bond documents, must be submittedto USDAI Rural Development: at least 90 days prior tot the planned closing date. Prior to loan closing, arequest for reimbursement must be: submitted to USDA with all the supporting invoices. 11. Operating Budget- Prior to loan closing, USDA Rural Development must review the applicant's approved operating budget. The budget must balance and include the proposed USDA debt service and reserve obligations. Eachy year the USDAI loani is outstanding, the applicant will adopt an annual budget which provides for the annual debt service and reserve payments. 12. System for Award Management Registration and Unique Entity ID- -You as the recipient must maintain the currency ofy your information in the System for Award Management (SAM) until you submit the final financial report required under this award and all grant funds under this award have been disbursed or de-obligated, whichever is later. This requires thaty your review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. Recipients can register on-line at ntps/w.sam.gow You as the recipient may not make a sub-award to an entity unless the 13. Suspension and Debarment Screening - You will be asked to provide information on the principals of your organization. Agency staff must conduct screening for suspension and debarment of thee entity, as well as its principals through the Dol Not Pay Portal. technical assistance providers if desired. the date of loan closing. Failure to do sO could delay loan closing. Development service office. entity has provided its Unique Entity ID from SAM.govtoyou. a. Principal- - i. An officer, director, owner, partner, principal investigator, or other person within a participant with management or supervisory responsibilities related to a ii. Aconsultant or other person, whether or not employed by the participant or paid covered transaction; or with federal funds, who- 1. Isi in a position to handle federal funds; 2. Isina a position to influence or control the use of those funds; or, 7 City of Dunn- - 2024 Police Letter of Conditions August 27, 2024 Occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction. (2 CFR 14. Litigation. You are required to notify the Agency within 30 days of receiving notification of being involved in any type of litigation prior to loan closing or start of construction, whichever occurs first. Additional documentation regarding the situation and litigation may be requested by the $180.995) Agency. SECTIONII. LOAN CONDITIONSTO BE SATISFIED AFTER PROJECT COMPLETION 1. Financial Statements--To be submitted on an annual basis in accordance with thei following: a. Borrowers and grantees that meet the Federal awards expended threshold established in 2 CFR: 200, Subpart F, "Audit Requirements" (expends $750,000 or more in federal financial assistance per fiscal year) shall submit an audit performed in accordance with the equrementsat2CFR200. Subpart. Audits shall be: submitted tol USDAI Rural Development b. AlL borrowers exempt from USDA audit requirements and who do not otherwise have annual audits, will within 60 days following the end of the borrower's fiscal year furnish USDA with annual financial statements, consisting of a verification of the organization's balance sheet and statement of income and expenses. The recipient may use Form RD 442-2, "Statement of Budget, Income and Equity," and 442-3, "Balance Sheet," or similar format to provide the An annual audit may! be submitted in lieu of annual financial statements for any borrower or 2. Audit agreement- -If you are required to obtain the services of a licensed Certified Public Accountant (CPA), you must enter into a written audit agreement with the auditor. The audit agreement mayi include terms and conditions that you and auditor deem appropriate. 3. Limitations of Additional Debt- Youwill not borrow any money from any source or enter into any contract or agreement or incur any other liabilities in connection with making extensions or improvements to the Facility, exclusive of normal maintenance, without obtaining the prior 4. Compliance Reviews--Rura Development will be required to periodically conduct a compliance review of this facility and operation. Compliance reviews will be completed during the first year of operations and every three years thereafter. You will need to provide the local The Agency will conduct regular compliance reviews of the borrower and its operation in accordance with 7CFR Part 1901, Subpart E, and 36 CFR1191, Americans with Disabilities Act (ADA) Accessibility described in this letter. If beneficiaries (users) are required to complete an application or screening for the use of the facility or service that the recipient provides, the recipient must request and ina accordance with 20 CFR: 200, SubpartF. financial information. grantee that has an audit prepared ati its own discretion and expense. written consent of the Agency. office the statistical information as requested. Guidelines for Buildings and Facilities; Compliance reviews will Architectural Barriers Act (ABA) Accessibility Guidelines. typically be conducted in conjunction with the security inspections collect data byr race (American Indian or Alaska Native, Asian, Black or African American, 8 City of Dunn- - 2024 Police Letter of Conditions August 27,2024 White); ethnicity (Hispanic orl Latino, Not Hispanic or Latino); and bys sex. The Agency will utilize this 5. Continuation of Financing Statement- Att the time of renewal (every 5y years) the borrower must provide a $38.00 (or applicablei filing fee) check payable to the Secretary of State (fees subject to change based on current Secretary of State fee schedule) for the continuation of the Financing 6. Security Inspections-Rurat Development is required to conduct an inspection of the facility a minimum of once every three years. The recipient must participate in these inspections and 7. Graduation- Your may be required to refinance (graduate) the unpaid balance of the RD loan, in whole ori inj part, ifa at anyt time RD determines your entityi is ablet to obtain al loani for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods oft time, the recipient will be requested to refinance. The ability to refinance will be assessed every other year for those loans that arei five years old or older., 8. Prepayment and Extra Payments Prepayments of scheduled installments, or any portion thereof, may ber made at any time at the option of borrower, with no penalty. Security instruments, including bonding documents, must contain the following language regarding extra payments, unless prohibited by State statute: Prepayments of scheduled installments, or any portion thereof, may be made at any time at the option of borrower. Refunds, extra payments and loan proceeds obtained from outside sources fort the purpose of paying down the Agency debt, shall, after payment ofi interest, bea applied tot the installments last to become due under this note and shall not affect the obligation of borrower to data as part of the required compliance review. Statement until the loan is paid ini full. provide the required information. pay the remaining installments as scheduled inj your securityi instruments. 9. Financial Covenants a) Beginning in the First Full Year of 2026, a debt service coverage ratio (DSCR) of a least 1.10 will be maintained with debt service to include the loan payments plus all required reserves. Ift the DSCR drops below 1.10 for any audited year, or quarterly financial report, then an independent management consultant shall be engaged at the expense of the Applicant to prepare at fiscal strategy report that documents howt the debt service requirement will be met. Thist must be provided to the Agency no later than 90 days after any quarter iny whichi thel DSCR Debt service coverage is defined as net income plus depreciation and amortization expenses plus interest expense on structured debt divided by the sum of all structured drops below 1.10. debt payments including required reserve payments still due. 9 Position3 3 UNITEDSTATES DEPARIMENTOPF: AGRICULTURE RURAL DEVELOPMENT Form RD 1942-46 (Rev. 6-10) FORM APPROVED OMBI NO. 0575-0015 OMBI NO. 0570-0062 LETTER OF INTENTTO MEET CONDITIONS Date 08-27-2024 TO: United States Department of Agriculture USDA Rural Development (Name OfUSDA Agency) 2736 NC Highway 210 Smithfield, NC 27577 (USDA Agency Office Address) Wel have reviewed and understand the conditions set forthi in your letter dated 08-27-2024 Itis our intent to meet all of them not later than 08-27-2025 City of Dunn BY (Name of Association) William Elmore, Jr - Mayor (Title) According to the Paperwork Reduction Actof 1995, an agency may not conduct or sponsor; anda persons is not required t01 respond toad collection ofi information unless itdisplays a validOMB control mumber. The valid OMB control mumber) for this information collection is 0575-0015 and 0570-0062. The time requiredio complete this information collection is estimated to average Ihour per response, including the time for reviewing instructions., searching existing data sources, gathering andi maintaining the data. needed, ando completing andi reviewing the collection ofi information. Form RD 1942-46 (Rev. 6-10) Position. 5 LOAN RESOLUTION (Public Bodies) USDA Form RD 1942-47 (Rev. 12-97) FORM APPROVED OMBI NO.0575-0015 Al RESOLUTION OF THE City Council OFTHE City of Dunn 2024 Police Vehicles WHEREAS, iti is necessary for the AUTHORIZING. ANDI PROVIDING FOR THEI INCURRENCEOF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING APORTION OF THE COSTOF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDINGITS FACILITY TOSERVE. AN AREAI LAWFULLY WITHINI ITS JURISDICTION TOSERVE. City of Dunn (Public Body) (herein after called Association) to raise a portion of the cost of such undertaking by issuance ofi its bonds ini the principal amount of 215,000.00 pursuant to the provisions ofN.C. General Statutes 160 and WHEREAS, the Association intends to obtain assistance from the Rural Housing Service, Rural Business Cooperative Service, Rural Utilities Service, or their successor. Agencies with the United States Department of Agriculture, (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.)i in the planning, financing, and supervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such 1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance ofi its bonds containing such items and in such forms as are required by State statutes and as are agreeable and acceptable to the Government. 2. To refinance the unpaid balance, in whole or inj part, ofi its bonds upon the request of the Government ifat any time it shall appear to the Government that the Association is able to refinance its bonds by obtaining a loan for such purposes from. responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods oft time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7U.S.C. 1983(c)). 3. To provide for, execute, and comply with Form RD 400-4,' "Assurance Agreement," and Form RD 400-1, "Equal Opportunity Agreement," including an' "Equal Opportunity Clause," which clause is to be incorporated in, or attached as al ridert to, each 4. Toi indemnify the Government for any payments made or losses suffered by the Government on behalf of the Association. Suchi indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal permissible 5. That upon default in the payments ofa any principal and accrued interest on the bonds or in the performance of any covenant or agreement contained herein ori in the instruments incident to making ori insuring the loan, the Government: at its option may (a). declare the entire principal amount then outstanding and accruedi interest immediately due and payable, (b) for the account ofthe Association (payable from the source of funds pledged to pay the bonds or any other legally permissible source), incur and pay reasonable expenses. for repair, maintenance, and operation of the facility and such other reasonable expenses as may be necessary to cure the cause of default, and/or (C) take possession oft the facility, repair, maintain, and operate or rent it. Default under the provisions oft this resolution or any instrument incident to the making or insuring of the loan may be construed by the Government to constitute default under any other instrument held by the Government and executed or assumed by the Association, and default 5. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, ori interest therein, or permit others to 7. Nott to defease the bonds, or to borrow money, enter into any contract or agreement, or otherwise incur any liabilities for any purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the 8. Toj place the proçeeds oft the! bonds on deposit in an account andi in ar manner approved by the Government. Funds may be deposited. ini institutions insured by the State or Federal Government or invested in readily marketable securities backed by the full faith and credit of the United States. Any income from these accounts will be considered as revenues of the system. 9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in 10. Top provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, andt the establishment of adequate reserves. Revenue accumulated over and above that needed to pay operating and maintenance, debt service and reserves may only be retained or used to make prepayments on the loan. Revenue cannot be used to pay any, expenses which are not directly incurred for the facility financed by the Government. No free service or use oft the facility will According tot the Paperwork Reduction Actof 1995, no persons are requiredior respond toac collectione of information unlessi irdisplaysa as validOMB control mmber. Thes validoMB control mumber for thisi information collection is 0575-0015. Ther time requiredi to complete this informationa collection is estimated 100 average hour perr response, including ther time for reviewing instructions, searching existinga datas sources, gathering and maintaining thes data needed, ande completing andreviewing the collection of information. bonds is found by the Association: NOW THEREFORE in consideration of the premises the Association hereby resolves: construction contract and subcontract involvingi in excess of$ 10,000. source. under any suchi instrument may be construed by the Government to constitute default hereunder. dos sO without the prior written consent of the Government. Government ifsuch undertaking would involve the source of funds pledged to pay the bonds. good condition. be permitted. 11. Toa acquire and maintain suchi insurance and fidelity bond coverage as may be required by the Government. 12. To establish and maintain such books and records relating to the operation of the facility andi its financial affairs and to provide for required audit thereof as required by the Government, to provide the Government a copy of each such audit without its request, and to forward to the Government such additional information and reports as it may from time to time 13. To provide the Government: at all reasonable times access to all books and records relating tot the facility and access tot the property of the system so that the Government may ascertain that the Association is complying with the provisions hereof 14. That ifthe Government requires that ai reserve account be established and maintained, disbursements from that account may be used when necessary for payments due on the bond ifs sufficient funds are not otherwise available. With the prior require. and oft the instruments incident to the making ori insuring of the loan. written approval of the Government, funds may be withdrawn for: (b) Repairing or replacing short-lived assets. (c). Making extensions ori improvements to the facility. reached the required funded level. (a) Paying the cost of repairing or replacing any damage to the facility caused by catastrophe. Any time funds are disbursed from the reserve account, additional deposits willl be required until the reserve account has 15. Toprovide adequate service to all persons within thes service area who can feasibly and legally. bes served and to obtain the Government's concurrence prior to refusing new or adequate services tos such persons. Upon failure to provide services which are feasible and legal, such person shall have a direct right of action against the Association or public body. 16. To comply with the measures identified in the Government's environmental impact analysis for this facility for the purpose of avoiding or reducing the adverse environmental impacts oft the facility's construction or operation. 17. Toa accept a grant in an amount not to exceed $ under the terms offered by the Government; that the 50,000 and oft the Association are hereby authorized and empowered to take all action necessary ora appropriate in the execution of all written instruments as may be required in regard to or as evidence ofs such grant; and The provisions hereof and the provisions of all instruments incident to the making ort the insuring of the loan, unless otherwise specifically provided by the terms ofs such instrument, shall be binding upon the Association as long: as the bonds are held or insured by the Goverment or assignee. The provisions ofs sections 61 through 17 hereofmay be provided for ini more: specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with thej provisions hereof, these provisions shall be construed to operate the facility under the terms offered in said grant agreement(s). as controlling between the Association and the Government or assignee The vote was: Yeas Nays Absent INWITNESS WHEREOF, the City Council ofthe 2024 City of Dunn has duly adopted this resolution and caused it tol be executed by the officers below in duplicate on this 27 day of August (SEAL) Attest: By William P. Elmore, Jr. Title Mayor Melissa Matti, Interim City Clerk Title -3- CERTIFICATION TO BE EXECUTED ATL LOAN CLOSING I,t the undersigned, as hereby certify that the held on the ofthe City of Dunn ofs such Association is composed of members, ofwhom constituting a quorum, were present at a meeting thereof duly called and ;and that the foregoing resolution was adopted at such meeting the date of closing oft the loan from the Government, said resolution day of by the vote shown above. I further certify that as of remains in effect andl has not been rescinded or amended in any way. Dated, this day of Title Form RD 3570-3 (Rev.06-22) UNITEDSTATES DEPARTMENTOF, AGRICULTURE COMMUNTYFACUITIES GRANT AGREEMENT FORM. APPROVED OMBI No. 0575-0173 Exp. Date: 2/28/2025 RURALDEVELOPMENT Grantee and Agency This Grant Agreement (Agreement) dated 8/27/2024 isa contract for receipt of grant funds under the Community Facility Grant program (7C.F.R. part 3570, subpart B). These requirements do not supersede the applicable requirements for receipt of Federal funds stated in 2C.F.R. Part 200, "UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND. AUDITI REQUIREMENTS FOR FEDERAL. AWARDS, which are incorporated by reference into this Agreement. Further, 7C.F.R. part 3570, subpart B, and all relevant regulatory requirements apply to applicants and are also incorporated by This Agreement for the Project and Amount described below (the "Project Description"): and for the Community Facilities grant, CFDA Number 10.766, is between the Grantee, aj public body, nonprofit corporation or Indian tribe (you), and the United States of America acting through the Rural Housing reference into this Agreement. Service (RHS or Agency). I. 1.Grantee Name & Address Dunn, Ctyof PO Box 1065 Dunn, NC 28335- GENERAL AWARD INFORMATION 2.Unique Entity ID. MLLCTPVM8A39 3.Casel No. 38-043-*****1214 8/27/2024 8/27/2029 $4,409 0% 4.Federal Award Identification Number(FAIN) 5.Award Date 10.766 6. Performance Start Date 8/27/2024 Action, $50,000 and' Total Amount of Federal Funds Obligated 265,000.00 10.1 Total Project Cost (Budget Approved Amount) $269,409.00 7.E Performance End Date 8.Amount ofl Federal Funds Obligated fort this 9.A Amount of Matching/Other. Funds (if applicable) 11.Award as Percentage of Total Project Cost 12. Grantee Contact (Name, Title, Contact Info) 13.Agency Contact (Name, Title, Contact Info) 14.1 Description of Real Property covered by the 15. Description of Equipment covered by the grant Steven Neuschafter, City Manager Tobais Fullwood, Area Specialist 919-300-4 a grant All equipment purchased by USDA Rural Development funds Aderalagency, may noto conductors sponsor. andapersoni is notn requiredior respondio, nors shallapersonb bes subjecr voapenaly) for faihures loc comphn wihacollectione ofi informations subjectiothe requirementso ofthel Paperworkl ReductionA Acrm unless thato collectione ofinfomationa displaysacurenb validoMB Control Number The OMBControl Number ford thisi infonmationo collectioni is 0575-0173aml 0575-0200 Publicn reporting, for thisc collectione efinformationi ise estimatediol be approximately. lhoury perr response, including the time forreviewingi instructions, searchinge existing dalas sources. gathering. andmaintaining/ thed datam needed. completing. andn revinring thec collectione efinformation. Allresponses lor thise collectione ofi informatione are voluntary However, inorderi looblaine orretainabenefi. the infomationi in this formisr requiredby 7CFR3 3570-B, Commnity Facilities Grant Program. ands Section 1002 ofthe American! Rescue Plan Act Rurall Developmentk has noy plans sopublishi information collecied underi they provisions ofthisp program Sendcomuents, reganding this bunlene estimate orany otherapecrofuhis collectione efinformation, including suggestions) forn redicing thisb bundeno: Information Collection Clearance Officer, Rurall Development Innovation Center, Regulations Management Divisiona at CRTRumendmaagur Form RD3570-3 The Agency has agreed to give the Grantee the Grant Funds, subject to the terms and conditions established by the Agency. Provided, however, that any Grant Funds actually advanced and not needed for grant purposes shall be returned immediately to the Agency. The Agency may terminate the grant in whole, or in part, at any time before the date of completion, whenever it is determined that the Grantee has failed to comply with the conditions oft this Agreement or the applicable regulation. II. RESPONSIBILITIES A. Grantee. The Grantee shall cause said project to be completed within the total sums available to it, including Grant Funds, in accordance with any architectural or engineering reports, and any necessary modifications, prepared by Grantee and approved by the Agency as required by 7C.F.R. part 3570. The Grantee will remain inc compliance with all applicable laws, regulations, Executive Orders, and other generally applicable requirements for the duration ofthe Agreement including 7 C.F.R. part 3570, subpart B and2C.F.R. parts 200, 400, 415, 416, 417,418,4 421, and 422. The most commonly-relerenced provisions are identified below. 1. Financial and Program Management. You must follow the financial and performance management requirements in 2C.F.R. $2 200.300-.309. a. Financial Management. You must maintain a financial management system b. Internal Controls. You must maintain internal controls in compliance with 2 Payments. You must comply with the payment requirements described in 2 C.F.R. $ 200.305. Payment must be requested by using the SF-270, "Request for Advance or Reimbursement" or SF-271, "Request for Reimbursement for Construction Programs" (as applicable). Receipts, hourly wage rate, personnel payroll records, or other documentation must be provided upon request from RHS if the request is for: an advance; otherwise, the documentation must be provided at the time oft the request. Requests for payment must be sent to the Agency contact listed in Section I.14. d. Revisions of the Work Plan and Budget. You must complete all elements ofthe Work Plan in Attachment A in accordance with that Attachment and must use project funds only for the purposes and activities specified in Attachment A Approved Work Plan and Budget. You must further complete the outcomes shown for each Work Plan items within the time and scope constraints shown in Attachment A. You must report any changes and request prior approvals in accordance with 2 C.F.R. $2 200.308. Period of Performance. You may only incur costs chargeable to the award Bonding. You must maintain your fidelity bond coverage in the amount of inc compliance with 2 C.F.R. $ 200.302. C.F.R. $ 200.303. ina accordance with 2 C.F.R. $ 200.309. $.0.0 for the Period of Performance oft the award. (See 2 C.F.R.S 200.304) 2 Form RD3570-3 g. Program Income. You must comply with the requirements of2 C.F.R. $200307.Additionaly, ifj program income is earned during the period of performance, you may use it in accordance with 2 C.F.R. $200.307(e)(2), provided that you inform us in writing of your intent prior to the award date. However, ify you earn program income in excess of what can be used under 2 C.F.R. $ 200.307(e)(2) ori ifyou earn unanticipated program income, you must comply with 2 C.F.R. $ 200.307(e)(1). Costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the award. 2. Procurement and Property Standards. You must follow the procurement 3. Performance and Financial Monitoring and Reporting. You must follow the requirements in 2 C.F.R. Part 170, including Appendix A, and 2C.F.R. $ 200.327- .329, and submit reports as outlined below. Unless otherwise directed in the addendum to this Agreement, the reports are due as indicated below. a. Form SF-425, "Financial Status Report." Reports are due 30 calendar days after the reporting period ends. A final report is due within 120 days after the Performance End Date specified in Section I.8. ofthis Agreement or at the completion of your project, whichever date is sooner. Your reporting periods standards requirements in 2C.F.R. $ 200.310-.326. are below (mark one): Annually: January 1-1 December 31 Annually: July 1-. June 30 Semi-Annually:. January 1-. June 30 and July 1- December 31 Semi-Annually: April 1 - September 30 and October 1 - March 31 Quarterly: January 1- March 31, April 1 -J June 30, July 1- September 30, October I - December31 b. Performance Reports. SF-PPR, "Performance Progress Report" is due 30 calendar days after the reporting period ends. A final report is due within 120 days after the Performance End Date specified in Section I.8. ofthis Agreement or at the completion ofyour project, whichever date is sooner. Your reporting periods are below (mark one): Annually: January 1- December 31 Annually:. July 1-J June 30 Semi-Annually: January 1-. June 30 and July 1- December 31 Semi-Annually: April I - September 30 and October 1-1 March 31 Quarterly: January 1-I March 31, April 1 - June 30, July 1- September 30, October 1-I December 31 The performance narrative on the Performance Project Report shall include, but is not limited to, the following: Form RD3570-3 Describe the activities that the funds reflected in the financial ii. A comparison of actual accomplishments to the objectives ii. Reasons why established objectives were not met, ifa applicable; iv. Problems, delays, or adverse conditions which will affect attainment of overall project objectives, prevent meeting time schedules or objectives, or preclude the attainment of project work elements during established time periods. This disclosure shall be accompanied by a statement of the action taken or V. Objectives and timetables established for the next reporting The final report (due 120 calendar days after the period of performance end status report were used for; established for that period; planned to resolve the situation; period; date) will also address the following: i. What have been the most challenging or unexpected aspects of ii. What advice, best practices, and actions would you recommend to other organizations planning a similar program that would increase the success oftheir program? Please include strengths and limitations of the program. Ifyou had the opportunity, what this program? would you have done differently? 4. Operations. The Grantee will manage, operate and maintain the facility, including this project ifl less than the whole of said facility, continuously in an efficient and economical manner in accordance with 7 C.F.R. $ 3570.61(e). 5. Funding. The Grantee will not use grant funds to replace any financial support previously provided or assured from any other source. The Grantee agrees that the Grantee's level of expenditure for the Project shall be maintained and not reduced as a result of Grant Funds in accordance with 70 C.F.R. S 3570.66. Default. Upon any default under its representations or agreements contained in this instrument, 2 C.F.R. Part 200, or 7 C.F.R. Part 3570, Grantee, at the option and demand oft the. Agency, will immediately repay to the Agency the Grant Funds with any legally permitted interest from the date of the default. Default by the Grantee will constitute termination of the grant thereby causing cancellation of Federal assistance under the grant. The provisions ofthis Agreement may be enforced by the Agency, at its option and without regard to prior waivers of previous defaults by Grantee, by. judicial proceedings to require specific performance oft the terms of this Agreement or by such other proceedings in law or equity, in either Federal or State courts, as may be deemed necessary by the Agency to assure compliance with the provisions ofthis Agreement and the laws and regulations under which this grant is made. Form RD3570-3 7. Real Property. Use the real property including land, improvements, structures, and appurtenances thereto, for authorized purposes ofthe grant as long as needed and in accordance with 2 C.F.R. $200.311;2CFR. $200.312;7CFR. $15.4(a)(2) and 7 C.F.R. $ 3570.92. In accordance with Title VIofthe Civil Rights Act of1 1964, deeds for real property must comply with the requirements a. Title to real property shall vest in the Grantee subject to the condition that the Grantee shall use the real property for the authorized purpose of the original b. The Grantee shall obtain the. Agency's approval to use the real property in other projects when the Grantee determines that the property is no longer needed for the original grant purposes. Use in other projects shall be limited to those under other Federal grant programs or programs that have purposes consistent with When the real property is no longer needed, as provided inj paragraphs (a) and (b) above, the Grantee shall request disposition instructions from the Agency. The Agency will observe the following rules in the disposition instructions: i. The Grantee may be permitted to retain title after it compensates the Federal government in an amount computed by applying the Federal percentage ofj participation in the cost oft the original Project to the ii. The Grantee may be directed to sell the property under guidelines provided by the Agency and pay the Federal government an amount computed by applying the Federal percentage of participation int the cost oft the original Project to the proceeds from sale (after deducting actual and reasonable selling and fix-up expenses, if any, from the sales proceeds). When the Grantee is authorized or required to sell the property, proper sales procedures shall be established that provide for competition to the extent practical and result in the iii. The Grantee may be directed to transfer title to the property to the Federal government provided that in such cases the Grantee shall be entitled to compensation computed by applying the Grantee's percentage of participation in the cost oft the program or Project to the current fair market value of the property; for the Reverter and Habendum clauses. grant as long as needed. those authorized for support by the Agency. fair market value oft the property; highest possible return; 8. Equipment. Abide by the following conditions pertaining to equipment which is furnished by the. Agency or acquired wholly or inj part with Grant Funds. Equipment is defined at 2 C.F.R. S 200.33 and is tangible, non-expendable personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. 5 Form RD3570-3 a. Useofequipment. The Grantee shall use the equipment in the Project for which it was acquired as long as needed. When no longer needed for the original project, the Grantee shall use the equipment in connection with its other federally sponsored activities, ifany, in the following order ofj priority: i. Activities sponsored by the Agency. ii. Activities sponsored by other Federal agencies. b. Usec ofe equipment. During the time that equipment is held for use on the project for which it was acquired, the Grantee shall make it available for use on other projects if such other use will not interfere with the work on the project for which the property was originally acquired. First preference for such other use shall be given to the Agency sponsored projects. Second preference will be given to other federally sponsored projects. Disposition of equipment. When the Grantee no longer needs the property as provided inj paragraph I (a) and (b) above, the equipment may be sold or used for other activities in accordance with2 2C.F.R. $200313amd7CER $15.4(a)(3): i. Equipment with a current fair market value ofl less than $5,000. The Grantee may use the property for other activities without reimbursement to the Federal government or sell the property and retain the proceeds. ii. Equipment with a current fair market value of $5,000 or more. The Grantee may retain the property for other uses provided that compensation is made to the Agency. The amount of compensation shall be computed by applying the percentage of Federal participation in the cost oft the original Project to the current fair market value of the property. Ifthe Grantee has no need for the equipment and the equipment has further use value, the Grantee shall request disposition instructions from the Agency. iii. The Agency shall determine whether the equipment can be used to meet RHS or its successor agency's requirements. Ifno such requirements exist, the availability oft the property shall be reported, ina accordance with the guidelines of the Federal Property Management Regulations (FPMR), to the General Services Administration by the. Agency to determine whether a requirement for the equipment exists in other Federal agencies. They shall issue instructions to the Grantee no later than 120 days after the Grantee's request and the following procedures shall govern: 6 Form RD3570-3 Ifsoi instructed ori if disposition instructions are not issued within 120 calendar days aftert the Grantee's request, the Grantee shall sell the equipment and reimburse the Agency an amount computed by applying to the sales proceeds the percentage of Federal participation in the cost oft the original project or program. However, the Grantee shall be permitted to deduct and retain from the Federal share 10 percent oft the proceeds or $500, whicheveris less, for the Grantee's selling Ifthe Grantee is instructed to ship the property elsewhere, the Grantee shall be reimbursed by the benefiting Federal agency with an amount which is computed by applying the percentage ofthe Grantee participation ini the cost oft the original grant Project or program to the current fair market value oft the equipment plus any reasonable shipping or interim storage Ifthe Grantee is instructed to otherwise dispose ofthe equipment, the Grantee shall be reimbursed by the. Agency for such costs incurred in its disposition. and handling expenses. costs incurred. d. The Grantee's property management standards for equipment shall be in accordance with 2 CFR $ 200.313 and shall include: Property records which accurately provide for: a description oft the equipment; manufacturer's serial number or other identification number; acquisition date and cost; source of the equipment; percentage (at the end of budget year) of Federal participation in the cost oft the Project for which the equipment was acquired; location, use, and condition oft the equipment and the date the information was reported; and ultimate disposition data including sales price, or the method used to determine current fair market value ifthe Grantee reimburses the Agency for its ii. Aj physical inventory of equipment shall be taken, and the results reconciled with the equipment records at least once every two years to verify the existence, current utilization, and continued need for the equipment. ii. A control system shall be in effect to ensure adequate safeguards toj prevent loss, damage, or theft oft the equipment. Any loss, damage, or theft of equipment shall be investigated and fully documented. iv. Adequate maintenance procedures shall be implemented tol keep the V. Proper sales procedures shall be established for unneeded equipment which would provide for competition to the extent practicable and result in the share. equipment in good condition. highest possible return; 7 Form RD3570-3 9. Earned Interest. Grantee agree to account for and to return to. Agency interest earned on grant funds pending their disbursement for program purposes when the Grantee is a unit of local government. States and agencies or an instrumentality ofa State shall not be held accountable for interest earned on Grant Funds pending their disbursement. 10. Record Retention and Access. You must retain records related to this work performed under this Agreement and allow access to them in accordance with 2C.F.R. $200.333-337. 11. Closeout. You must comply with the closeout requirements in 2C.F.R. $200.344. 12. Post-Closeout Adjustments and Continuing Responsibilities. You must continue to comply with the requirements in 2C.F.R. $ 200.345 even after the 13.C Cost Principles. You must comply with the provisions in 2C.F.R. Part 200, Period of Performance for this Agreement has ended. Subpart E. 14. Audits. You must comply with the provisions in 2C.F.R. Part 200, Subpart F. 15.Civil Rights Compliance. Unless otherwise provided in the addendum, you must comply with Executive Order 12898, Executive Order 13166- Limited English Proficient, the Americans with Disabilities Act of 1990, Title VI ofthe Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act of 1973 as applicable. You must make the public facility or services available to all persons in the Grantee's service area without discrimination as to race, color, religion, sex, national origin, age, marital status or physical or mental disability at reasonable rates, including assessments, taxes, or fees. You may make modifications as long as they are reasonable and nondiscriminatory. Your compliance shall include collection and maintenance of data on race, sex, and national origin of your membership, ownership, and employees. This data must be available to us for Civil Rights Compliance Reviews. You must submit toa post-award compliance review conducted after the final disbursement of grant 16. Execute Agreements. The Grantee will execute any agreements required by the Agency which the Grantee is legally authorized to execute. Ifany such agreement has been executed by the Grantee as a result ofa loan being made tot the Grantee by the Agency contemporancously with the making oft this grant, that agreement applies equally to the grant and another identical agreement funds has occurred. need not be executed in connection with this grant. Form RD3570-3 17. Universal Identifier and Central Contractor Registration. The Grantee must have a Unique Entity ID number in order to apply for, receive, and report on al Federal award. Additionally, the Grantee must comply with the additional requirements set forth in Attachment C regarding the Unique Entity ID Requirements and the Central Contractor Registry (CCR) Requirements found at2CFR Part 25, including Appendix A. For the purposes oft this Agreement, "you" in Attachment B shall mean "Grantee" as defined hereunder; 18. Federal Funding Accountability and Transparency Act. The Grantee is responsible for complying with all requirements oft the Federal award. For: all Federal awards, this includes the provisions oft the Federal Funding Accountability and Transparency Act (FFATA), which includes requirements on executive compensation, and also requirements implementing the Act for the Grantee at 2 CFR Part 25 Financial Assistance Use ofUniversal Identifier and Central Contractor Registration and 2 CFR Part 170 Reporting Subaward and Executive Compensation: Information. See also statutory requirements for whistleblower protections at 101 U.S.C. 2409, 41 U.S.C. 4712, 10U.S.C. .2324, 41 U.S.C. 4304 and 4310. See also 2 C.F.R. $ 200.11-200.113. 19. Not encumber, transfer or dispose of the property or any part thereof, furnished by the Agency or acquired wholly or inj part with Agency funds without the written consent of the Agency except as provided in paragraph 8(c). 20. Not duplicate other Project purposes for which monies have been received, are committed, or are applied to from other sources (public or private). B. Rural Housing Service (RHS). RHS has agreed to give the Grantee the grant funds, subject to the terms and conditions established by RHS. Provided, however, that any grant funds actually advance and not needed for grant purposes shall be returned immediately to RHS. RHS may terminate the grant in whole, or in part, at any time before the date of completion, whenever it is determined that the Grantee has failed to comply with the conditions oft this Agreement or the applicable regulation. RHS shall remain in compliance with all applicable laws, regulations, Executive Orders, and other generally applicable requirements for the duration oft the Agreement. The most commonly-referenced provisions are 1. Payments. We will advance or reimburse funds up to the Award Amount identified in Section 1.9 upon the Grantee's proper request according to Section 2. Monitoring and Enforcement. We will monitor the project to ensure that you are in compliance with the terms oft the award. Ifv we find that you are not in identified below. II.A.1.c. Form RD3570-3 compliance, we will enforce the terms of this Agreement using the provisions of a. Will assist Grantee, within available appropriations, with such technical assistance as Agency deems appropriate inj planning the Project and coordinating the plan with local official comprehensive plans for essential community facilities and with any State or area plans for the area in which b. At its sole discretion and at any time may give any consent, deferment, subordination, release, satisfaction, or termination of any or all of Grantee's grant obligations, with or without valuable consideration, upon such terms and conditions as Agency may determine to be (I)advisable to further the purpose oft the grant or to protect Agency's financial interest therein and (2) consistent with both the statutory purposes oft the grant and the limitations of 2C.F.R. $200.338-342. the project is located. the statutory authority under which it is made. 3. Termination ofThis Agreement. This Agreement may be terminated for cause in the event of default on the part ofthe Grantee or for convenience oft the Agency and Grantee prior to the date of completion of the grant purpose. Termination for convenience will occur when both the Grantee and Agency agree that the continuation ofthe Project will not produce beneficial results commensurate with the further expenditure ofi funds. In all cases termination and notification will be in: accordance with 2 C.F.R. $ 200.339 and 200.340. C.B Both Parties. The Grantee and RHS agree to the following: 1. Invalid Clauses. The invalidity ofany one or more phrases, clauses, sentences, paragraphs, or provisions oft this Agreement shall not affect the remaining 2. Conflict between this Agreement and Other Applicable Regulations or Laws. Ifthere is a conflict between this Agreement and the applicable Program Regulation, the applicable Program Regulation shall prevail. Ifthere isa conflict between this Agreement and another law or regulation, RHS shall seek 3. Dates. When the date fixed for the performance ofa an act under this Agreement ison a weekend or Federal holiday, then the performance by the close of business on the next Federal work day shall have the same force and effect as if portions oft the Agreement. al legal opinion to determine which provision applies. made performed or exercised on the specified date. 10 Form RD3570-3 The signatories below certify that they have authority to enter into this Agreement. Approved by an Authorized Representative oft the Grantee: William Elmore, Jr. Name (Please Print) Mayor Title (Please Print) Signature 8/27/2024 Date Approved by the United States of America, Rural Housing Service by: Tobais Fullwood Name (Please Print) Area Specialist Title (Please Print) Signature 8/27/2024 Date 11 Form RD3570-3 Attachment A Approved Work Plan and Budget (The work plan must have time, scope, and outcome entries for each task.) 12 Form RD3570-3 ATTACHMENT B . Reporting Executive Compensation. A. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each ofy your five most highly compensated executives for the preceding completed fiscal year, if: a. the total Federal funding authorized to date under this award is $25,000 or more; b. int the preceding fiscal year, you received 80 percent or more ofy your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); The public does not have access to information about the compensation oft the executives through periodic reports filed under section 13(a) or 15(d) oft the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 oft the Internal Revenue Code of 1986. (To determine ifthe public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at phnesergolanweresecomptm) 2. Where and when to report. You must report executive total compensation described in paragraph b.1.ofthis award term: a. As part ofyour registration profile at htpwww.cr.goy. b. By the end oft the month following the month in which this award is made, and annually thereafter. B. Reporting ofTotal Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. ofthis award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives a. int the subrecipient's preceding fiscal year, the subrecipient received- - for the subrecipient's preceding completed fiscal year, if i. 80 percent or more ofits annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. $ 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and b. Thej public does not have access to information about the compensation oft the executives through periodic reports filed under section 13(a) or 15(d) oft the Securities Exchange Act of1934( (15U.S.C. 78m(a), 78o(d)) or section 6104 oft the Internal Revenue Code of 1986. (To determine ift the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at mp.annsseegowamswerséxccomp.hm, 13 Form RD3570-3 2. Where and when to report. You must report subrecipient executive total compensation b. By the end oft the month following the month during which you make the subaward. For example, ifa subaward is obligated on any date during the month ofOctober ofa given year (ie., between October 1 and 31), you must report any required compensation information oft the subrecipient by November 30 oft that year. E Exemptions. If, in the previous tax year, you had gross income, from all sources, under described inj paragraph c.l.ofthis award term: a. To the recipient. $300,000, you are exempt from the requirements to report: 1. Subawards, and 2. The total compensation of the five most highly compensated executives of any subrecipient. D. Definitions. For purposes oft this award term: 1. Entity means all of the following, as defined in 2 CFR part 25: C. Ad domestic or foreign nonprofit organization; d. Ad domestic or foreign for-profit organization; a. AC Governmental organization, which is a State, local government, or Indian tribe; b. Aforeign public entity; . AFederal agency, but only as a subrecipient under an award or subaward toa 2. Executive means officers, managing partners, or any other employees in management a. This term means a legal instrument to provide support for the performance ofa any portion oft the substantive project or program for which you received this award and that b. The term does not include your procurement of property and services needed to carry Asubaward may be provided through any legal agreement, including an agreement that - non-Federal entity. positions. 3. Subaward: you: as the recipient award to an eligible subrecipient. out the project or program. youd or a subrecipient considers a contract. 4. Subrecipient means an entity that: a. Receives a subaward from you (the recipient) under this award; and b. Is-accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for b. e Awards of stock, stock options, and. stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. d. Change inj pension value. This is the change inj present value of defined benefit and e. Above-market earnings on deferred compensation which is not tax-qualified. Other compensation, ift the aggregate value ofa all: such other compensation (e.g. severance, termination payments, value ofl life insurance paid on behalfofthe employee, perquisites or property) for the executive exceeds $10,000. more information see 17C.F.R. $229.402(c)(2): a. Salary and bonus. 2004)(FAS 123R), Shared Based Payments. actuarial pension plans. 14 Form RD3570-3 ATTACHMENTC I. System for Award Management and Universal Identifier Requirements A. Requirement for Registration with the General Services Administration's: System for Award Management. Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently ifrequired by changes in your information or anotheraward term. B. Requirement for Unique Entity ID Numbers. The Grantee must have al Unique Entity ID number in order to apply for, receive, and report on a Federal award. The DUNS Number is no longer valid for federal award identification. On April 4, 2022, the Unique Entity ID from SAM.gov is now the authoritative identifier for those doing business with the federal government. C. Definitions. For purposes oft this award term: 1. System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently 2. The Unique Entity ID from SAM.gov is now the authoritative identifier for those doing business with the federal government. The Unique Entity ID is generated in SAM.gov. If you are registered in SAM.gov (active or not), you already have al Unique Entity ID. Itis viewable at SAM.gov. Ifyou are new to SAM.gov and will be registering for the first time, 3. Entity, as iti is used in this award term, means all oft the following, as defined at 2 CFR part a. A Governmental organization, which is a State, local government, or Indian Tribe; at! tp/www.samgov. you will get your Unique Entity ID (SAM) during registration. 25, subpart C: b. Af foreign public entity; C. Adomestic or foreign nonprofit organization; d. Ad domestic or foreign for-profit organization; and . AFederal agency, but only as a subrecipient under an award or subaward to a non- a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and b. The term does not include your procurement of property and services needed to carry As subaward may be provided through any legal agreement, including an agreement that Federal entity. 4. Subaward: that you as the recipient award to an eligible subrecipient. out the project or program. you consider: a contract. 15 USDA Form RD 1940-1 (Rev. 06-10) 1.CASE NUMBER ST CO BORROWERI ID 38-043--::--1214 2.BORROWERI NAME City of Dunn PO Box 1065 Dunn 6.RACE/ETHNIC CLASSIFICATION -WHITE BLACK 4-HISPANIC 5-API AIIAN 6 MALE 2-FEMALE -PUBLIC BODY 14. DIRECT PAYMENT (See FMI) 2 17., COMMUNITY SIZE 1-I00OOORLESS (FOR SFHAND 2-OVER 10,000 19. TYPE OF ASSISTANCE 075 (SeeFMI) 23. TYPE OF SUBMISSION 1-INITIAL 2-SUBSEQUENT 2 26. AMOUNT OF IMMEDIATE. ADVANCE 30. PROFIT TYPE 1-FULLP PROFIT - NONPROFIT 31. DISASTER DESIGNATION NUMBER 33. OBLIGATION DATE MO DA YR REQUEST FOR OBLIGATION OF FUNDS FORM APPROVED OMBI No. 0570-0062 INSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED( Complete Items 1 through 29 and applicable Items 30 through 34. See FMI. LOANI NUMBER 3. NUMBER NAME FIELDS (1,2.or3 3from ltem2 2) 4.STATEI NAME North Carolina 5. COUNTY NAME Harnett 8. COLLATERAL CODE 1-REALE ESTATE SECURED 2-REAL ESTATE 5-LIVESTOCK 6-CROPSONLY ONLY ANDCHATTEL 7-SECUREDBY CHATTELONLY 6-RLFA BONDS ACCT 12. VETERAN CODE -YES 2-NO 16. FEE INSPECTION 2-NO -YES 2 18. USE OF FUNDS CODE (SeeFMI) 21. SOURCE OF FUNDS FISCAL YEAR 2024 GENERAL BORROWER/LOAN INFORMATION 7.TYPE OF APPLICANT NONPROFIT OFF FARMERS NONPROFITF FAITHBASED PUBLICB BODY TRIBE FARMERS OF 11-OTHER 1-MARRIED UNMARRIED (INCLUDES 2-SEPARATED WADOWEDDIVORCED) 15. TYPE OF PAYMENT MONTHLY SEMEANNUALLY QUARTERLY 2 9. EMPLOYEE ONLY RELATIONSHIP CODE -EMPLOVEE 2-MEMBERO CLOSE RELATIVE FAMILY 13. CREDIT REPORT 2 2-NO 10. SEX CODE -FAMILYU UNIT MALE OWNED 11. MARITAL STATUS COMPLETE FOR OBLIGATION OF FUNDS 20. PURPOSE CODE 8 22.1 TYPE OF ACTION OBUGATIONONEY 3-CORRECTIONOF OBLIGATION REQUEST 24. AMOUNT OF LOAN 215,000.00 27.DATE OF APPROVAL MO DAY YR 25. AMOUNT OF GRANT 28. INTEREST RATE 29. REPAYMENT TERMS 4% 5 COMPLETE FOR COMMUNITY PROGRAM, AND CERTAIN MULTIPLE-FAMILY/HOUSING LOANS COMPLETE FORI EMI LOANS ONLY FINANCE OFFICE USE ONLY COMPLETE FOR CREDIT SALE-ASSUMPTION 1-CREDITS SALEONLY 3-CREDIT SALEV WITHS SUBSEQUENTI LOAN SUBSEQUENTI LOAN COMPLETE FOR FPI LOANS ONLY 32. TYPE OF SALE (SeeF FMIJ 34. BEGINNING FARMERIRANCHER (SeeFM) Ifthed decisione containeda above inthis! fomm resulis ine denial, reduictiono or cancellatione efUSDAa your aye appealthis decisiona anthavea ahearing oryoun may nequestarevice ink lieri ofah hearing: Pleasen use the forms weA haven inchidedfor thisy purpose. Position2 ORIGINAL- Borrower's Case Folder COPY1 1- Finance Office COPr2-Applcanvlender COPY3-State Office According o the Papenrork Rehuction Actof1995, and agency mayn note condctors sponsor. andapersoni isnotr requiredi tor respondi wasaliacimmaruwn unlessi irdisplaysay validoMR controln mumber They valid OMBa control mmber for thisi infomatione collectioni is 0570-0062. Ther timen requiredion complete thisi information collectionis ise estimadioaerage) 15m mimites pern response, inchding the time forrevicwingi instnictions. searchinge existinga datas sources. gatheringa andm maintaining the datan noeded. andcompleting andr revieving thec collectione ofinfommation CERTIFICATION APPROVAL For All Farmers Programs EM,OL, FO, and SWI Loans This loan is approved subject tot the availability of funds. Ifthis loan does not close for any reason within 90 days from the date of approval on this document, the approval official will request updated eligibility information. The undersigned loan applicant agrees that the approval official willl have 14 working days to review any updated information prior to submitting this document for obligation of funds. Ifthere have been significant changes that may affect eligibility, a decision as to eligibility and feasibility willl be made within 30 days from thet time the applicant provides the necessary information. Ifthisi is al loan approval for which al lien and/or title search is necessary, the undersigned applicant agrees that the 15-working-day loan closing requirement may be exceeded for the purposes oft the: applicant's legal representative Loan and Grant approval subject to meeting all requirements of the processing checklist, Letter of Conditions, Office of General Counsel Loan Closing Instructions and the attached Community Facilities Grant Agreement conditions. 36. IHEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in or near my community for loans for similar purposes and periods oft time. agree to use the sum specified herein, subject to andi in accordance with regulations applicable to thet type of assistance indicated above, and request payment ofs such sum. agree to report to USDA any material adverse changes, financial or otherwise, that occur prior to loan closing. Icertify that no part of the sum specified herein has been received. Ihave reviewed the loan approval requirements and comments associated with this loan (For FPI loans at eligible terms only)Ifthisl loan is approved, Ielect the interest rate tol be charged on my loan tol be the lower of the interest rate inc effect at the time ofl loan approval or loan closing. IfI check' "NO", the interest rate charged on my completing title work and completing loan closing. 35. COMMENTS ANDI REQUIREMENTS OF CEKTFYINGOFFICIAL request and agree to comply with these provisions. loan will be the rate specified in Item 28 oft this form. YES NO WARNING: Whoever, in any matter within the jurisdiction of any department or agency oft the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device ar material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious ori fraudulent statement or entry, shall be fined under this title ori imprisoned not more than five years, or both." Date August 27 20. 24 20. William Elmore, Jr.. Mayor (Signature of4 Applicant). (Signature ofCo-Applicant) Date. 37. IHEREBY CERTIFY that all oft the committee and administrative determinations and certifications required by regulations prerequisite to providing assistance of thet type indicated above havel been made and that evidence thereofi is int the docket, and that all requirements of pertinent regulations have been complied with. Ihereby approve the above-described. assistance in the amount set forth above, and by this document, subject tot the availability of funds, the Government agrees to advance such amount to the applicant for the purpose of and subject to the availability prescribed by regulations applicable tot this type of assistance. (Signature of Approving Oficial) Typed or Printed Name: Reginald Speight Date Approved: Title: State Director 38. TOTHE. APPLICANT: As oft this date thisi is notice that your application for financial assistance from the USDA has been approved, as indicated above, subject tot the availability of funds and other conditions required by the USDA. Ifyoul have any questions contact the: appropriate USDA Servicing Office. "The grantee understands the requirements for receipt of funds under the Community Facilities Grant Program. The grantee assures and certifies that it is in compliance with all applicable laws, regulations, Executive Orders, and other applicable requirements, including those set forth in Form RD 3570-3, 7 CFR parts 3015, 3016, or 3019 as subsequently modified, and the letter of conditions. The following conditions may apply if CFG funds were used to purchase "The grantee understands that any property acquired or improved with Federal grant funds may have use and disposition conditions which apply to the property as provided by 7 CFR parts 3015, 3016, or 3019 in effect at this time and as may "The grantee understands that any sale or transfer of property is subject to the interest of the United States Government in the market value in proportion to its participation in the project as provided by 7 CFR parts 3015, 3016, or 3019 in equipment or obtain or improve real property: be subsequently modified." effect at this time and as may be subsequently modified." Hwordlmportant Documents/Atachment to 1940-1 (Grant Request).doc USDA Form RD1 1940-1 (Rev. 06-10) 1.CASE NUMBER ST CO BORROWERID 38-043-*****1214 2.BORROWERI NAME City of Dunn Po Box 1065 Dunn 6.RACE/ETHNIC CLASSIFICATION 3-AIAN -BLACK 5-API 10. SEX CODE -FAMILYUNIT ORGAN MALE 1-MALE 2-FEMALE 6-PUBLICE BODY 14. DIRECTI PAYMENT (See FMI) 17. COMMUNITY SIZE 1-100000 ORLESS (FOR SFHAND 2-OVER 10,000 HPG ONLY) 19. TYPE OF ASSISTANCE 303 (SeeF FMI) 23. TYPE OF SUBMISSION 1-INITIAL 2-SUBSEQUENT 2 26. AMOUNT OF IMMEDIATE. ADVANCE 30. PROFIT TYPE 2-LMITEDPROFIT 1-FULLP PROFIT 3-NONPROFIT COMPLETEI FORI EM LOANS ONLY 31. DISASTER DESIGNATION NUMBER (SoeFMI) FINANCE OFFICE USE ONLY 33. OBLIGATION DATE MO DA YR REQUEST FOR OBLIGATION OF FUNDS FORM APPROVED OMB No. 0570-0062 INSTRUCTIONS-IYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED( Complete Items 11 through 29 and applicable Items 30 through 34. See FMI. LOAN NUMBER 3. NUMBER NAME FIELDS (1,2.or3from) liem 2) 4.STATE NAME North Carolina 5.COUNTY NAME Harnett 8.COLLATERAL CODE 1-REAL ESTATE MACHINERY ONLY RELATIONSHIP CODE SECURED 5-LIVESTOCK ONLY 1-EMPLOVEE 2REALE ESTATE 7-SECUREDBY BONDS ATTELONLY RLFACCT 12. VETERAN CODE 2-NO 16. FEE INSPECTION 2-NO 2 18. USE OF FUNDS CODE (SeeFMI) 21. SOURCE OF FUNDS FISCAL YEAR 2024 GENERAL BORROWERILOANI INFORMATION 7.TYPE OF APPLICANT INDIVIDUAL FARMERS ORGAN EMALE OWNED 9.E EMPLOYEE 2-MEMBEROFFAMILY 3-CLOSE RELATIVE 4-ASSOC. 13. CREDIT REPORT -YES 2-NO ORG. OF 8 ASSOC. OF 10-PUBLIC COLLEGEUNIERSITY ANDCHATTEL NOTE 11-OTHER 11. MARITAL STATUS 1-MARRIED 3-UNMARRIED (INCLUDES -YES 2-SEPARATED WWIDOWEDDIVORCED) 15.TYPE OF PAYMENT ANNUALLY 3-SEMIA -QUARTERLY 1-WHITE 4-HISPANIC -CORPORATION BODY 9- INDIANT TRIBE COMPLETE FOR OBLIGATION OF FUNDS 20. PURPOSE CODE 9 22. TYPE OF ACTION 3-CORRECTIONOF OBLIGATION REQUEST 24. AMOUNT OF LOAN 27.DATE OF APPROVAL MO DAY YR 25. AMOUNT OF GRANT 50,000 0% 28. INTEREST RATE 29. REPAYMENT TERMS COMPLETE FOR COMMUNITY PROGRAM, AND CERTAIN MULTIPLE-FAMILY HOUSING LOANS COMPLETE FOR CREDIT SALE-ASSUMPTION 2-ASSUMPTIONG ONLY 1-CREDIT SALEONLY 3-CREDITS SALE WITH SUBSEQUENT! LOAN COMPLETE FORI FPL LOANS ONLY 34. BEGINNING FARMERIRANCHER (See FMI) 32.TYPE OF SALE ASSUMPTI ITH LOAN Ifthed decision containedabove: int this/ fomr resultsi indenial, reductiona ore cancellatione ofUSDAa assistance. youn maya appeali this decisiona and havea ahearingo oryoum may requestareiew inh liend ofak hearing. ORIGINAL Borrower's Case Folder COPY1-F Finance Office COPY2-Aplicanulender COPY3-State Office Acconling to the Paperwork RefuctionX Acrofl 1995, and agencyn may note conductors sponsor. andapersonis not require for reyponfloacalletione ofinformationi unless irdisplays validOMB control mmber. Thes valid OMB controln mmber fora thisi informatione collectioni is 0570-0062. Ther timen requiredioc completes thisi information collectionise estimatediod average 15m mimtes pern response. inchding the time fori revicwingi instnictions. Please use the forms we harei inchdedfors thisy purpose. Position2 searching existinga dalas sources. gathering andmaintaining thed datan needed,a andcompletinga andrevieving thec collection ofinformation CERTIFICATION APPROVAL For All Farmers Programs EM,OL, FO, and SWI Loans This loan is approved subject to the availability of funds. Ifthis loan does not close for any reason within 90 days from the date ofa approval on this document, the approval official will request updated eligibility information. The undersigned loan applicant agrees that the approval official willl have 14 working days to review any updated information prior to: submitting this document for obligation of funds. Ifthere have been significant changes that may affect eligibility, a decision as to eligibility and feasibility will be made within 30 days from thet time the applicant provides the necessary information. Ifthisi is al loan approval for which al lien and/or titles search is necessary, the undersigned applicant agrees that the 15-working-day loan closing requirement may be exceeded for the purposes of the applicant's legal representative Loan and Grant approval subject to meeting all requirements of the processing checklist, Letter of Conditions, Office of General Counsel Loan Closing Instructions and the attached Community Facilities Grant Agreement conditions. 36. IHEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in or near my community for loans fors similar purposes and periods oft time. lagree to use thes sum specified herein, subject to andi in accordance with regulations applicable to thet type ofassistance indicated above, and request payment of such sum. agree tor report to USDA any material adverse changes, financial or otherwise, that occur prior to loan closing. I certify that no part of the sum specified herein has been received. Ihave reviewed the loan approval requirements and comments associated with this loan (For FPI loans ate eligible terms only)Ifthisl loan is approved, Telect the interest rate tol be charged on my loan tol be the lower oft the interest rate in effect at the time ofl loan approval or loan closing. IfI check' "NO", the interest rate charged on my completing title work and completing loan closing. 35. COMMENTS ANDI REQUIREMENTS OF CERTIFYING OFFICIAL request and agree to comply with these provisions. loan willl be the rate specified in Item 28 oft this form. YES NO WARNING: Whoever, in any matter within thej jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device ar material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title or imprisoned not more than five years, or both." Date August 27 20. 24 20. William Elmore, Jr. Mayor (Signature ofA Applicant) (Signature ofCo-Applicant) Date 37. THEREBY CERTIFY that all of the committee and administrative determinations and certifications required by regulations prerequisite to providing assistance of the type indicated above have been made and that evidence thereof is in the docket, and that all requirements of pertinent regulations have been complied with. Ihereby approve the above-described. assistance in the amount set forth above, and by this document, subject to the availability of funds, the Government agrees to: advance such amount to the applicant for the purpose ofand subject to thea availability prescribed by regulations applicable tot this type of assistance. (Signature of Approving Official) Typed or Printed Name: Reginald Speight Date Approved: Title: State Director 38. TOTHE. APPLICANT:: As oft this date this is notice that your application for financial assistance from the USDA has been: approved, as indicated above, subject to the availability of funds and other conditions required by the USDA. Ifyoul have any questions contact the appropriate USDA Servicing Office. "The grantee understands the requirements for receipt of funds under the Community Facilities Grant Program. The grantee assures and certifies that it is in compliance with all applicable laws, regulations, Executive Orders, and other applicable requirements, including those set forth in Form RD 3570-3, 7 CFR parts 3015, 3016, or 3019 as subsequently modified, and the letter of conditions. The following conditions may apply if CFG funds were used to purchase "The grantee understands that any property acquired or improved with Federal grant funds may have use and disposition conditions which apply to the property as provided by 7 CFR parts 3015, 3016, or 3019 in effect at this time and as may "The grantee understands that any sale or transfer of property is subject to the interest of the United States Government in the market value in proportion to its participation in the project as provided by 7 CFR parts 3015, 3016, or 3019 in equipment or obtain or improve real property: be subsequently modified." effect at this time and as may be subsequently modified." Hwordlmportant Documents/Alachment to 1940-1 (Grant Request).doc USDA-RD Form RD442-7 (Rev.3-02) Name Dunn, City of Appicantrscalyear From OPERATINGI INCOME 1. Total Revenue 2. 3. 4. 5. Miscellaneous 6.L Less: Allowances and Deductions 7.Total Operating! Income (AddL Lines 1 through 6) OPERATING EXPENSES 8. Total Expense 9. 10. 11. 12. 13. 14. 15.1 Interest/RD) 16. Depreciation 17.Total Operating Expense (Add! lines 8through 16) 18. NET OPERATING INCOME (LOSS) (Line7 7less 17) NONOPERATINGI INCOME Position3 OPERATING BUDGET Form Approved OMBI No. 0575-0015 Expl Date 12/31/2024 Schedule1 Address POI Box 1065 County Harnett 20 20 (2) (3) Dunn, NC: 28335- State(Indluding. ZPCode) NC28335- 20 24 (4) 13,828,587 To 20 (1) FirstFull Year (5) 14,000,000 13,828,587 12,042,109 14,000,000 12,654,025 236,358 750,000 13,028,467 800,120 260,552 800,000 13,714,577 285,423 19. 20. 21.Total Nonoperating Income (AddLines 19and20) 22.NETINCOME (LOSS) (AddLines 18and2lfranster tolineASchedule2) 800,120 285,423 8-27-2024 Date 8-27-2024 Date Budget and Projected Cash Flow Approved by Governing Body Attest: Melissa Matti, InterimCityClerk William Elmore, Jr., Mayor Accordingt tot the Paperwork ReductionA Actof 1995, anagency mayn noto conductors sponser, andapersoni is notr requiredtorespond toacollection ofinformation unlessito displaysavalid OMBC control number. Thev validOMB controlnumberi fort thisi information collections0575-0015 Thet timer requiredt tocompletet thisi information collectionise estimatedtoa average Shoursp peri response, including the timef forr revewinginstructions, searchingexisting datas sources, gatheringo andr maintaining thec datal needed, andcompleting andr reviewing thec collectiono ofinformation. Schedule2 First 285,423 800,000 PROJECTED CASHI FLOW 20 20 20 20 24 Full Year 800,120 750,000 265,000 A.L Line 221 from Schedule 1 Income (Loss) Add B.I Items in Operations not Requiring Cash: 1.Depreciation (Line 16, Schedule 1) 2.Others: C.Cash Provided from: 1.Proceeds from RDI loan/grant 2.Proceeds from others 3.Increase (Decrease) in Accounts Payable, Accruals and other Current Liabilities 4.Decrease (Increase) in Accounts Receivable, inventories and Other Current AssetsExclude Cash) 5.Other: 6. D.Totala all A,Ba and CI Items E. Less: Cash Expended for: (Loan andg grant funds) Equipment 3.F Principal Payment RDI Loan 4. Principal Payment Other Loans 5.Other: 6.TotalETthroughs Add F.Beginning Cash Balances 1,815,120 269,409 1,085,423 1.All Construction, Equipment: andl New Capital Items 2.F Replacement: and/ Additions to Existing Property, Plant and 39,696 1,058,121 913.569 1,018,425 1,182,978 5,949,935 5,949.935 6,582,077 5,949,935 6,582,077 6,609,379 G.E Ending Cash Balances fotdlofDminusE6pusn, Item GCash Balances Composed of: Construction Account Revenue Account Debt Payment Account O&M Account Reserve Account Funded Depreciation. Account Others: Restricted Total- Agrees with Item G 1,206,517 1,149,927 1,317,189 1.846,806 2,417.150 2,025,616 263,391 2,633,221 2,750,000 265,000 270,000 2,996,574 0.00. 5,949,935.00 6,582,077.00 6,609,379.00 BUDGET ATTACHEMNT Income Detail Year3_0 Year4_2024 0.00 0.00 0.00 0.00 0.00 13,828,587 Income Source Miscellaneous Less: Allowances and 0.00 Total Revenue TOTALS Year1_0 0.00 0.00 Year2_0 0.00 0.00 0.00 FirstFull Year 0.00 0.00 14,000,000 13,828,587.00 14,000,000.00 Expense Detail Year4_2024 236,357.54 750,000.00 13,028,467 Expense Source Year1_0 Interest Total Expense 0.00 TOTALS Year2_0 0.00 0.00 0.00 Year3_0 0.00 0.00 0.00 First Full Year 260,552.00 800,000.00 13,714,577 0.00 0.00 12,042,109.00 12,654,025.00 NC Instruction 1942-A & 1942-C Guide 8 (9/97) REQUEST FOR LOWER INTEREST RATE Applicant: City of Dunn Project: Loan Amount: 2024. - Police Vehicles $215.000.00 Ihereby request the interest rate of the referenced loan be the lower oft the rate in effecta at the time ofl loan approval or the time of loan closing. ELMORE WILLIAMS, JR. MAYOR (Title) Form RD 400-1 (Rev.8-22) FORM APPROVED OMBI No. 0575-0201 Exp. Date: 07/31/2025 UNITEDSTATES DEPARTMENTOF, AGRICULTURE EQUALOPPOKTUNIT AGREEMENT This agreement, dated City of Dunn witnesseth: 08-27-2024 between (herein called Recipient" whether one or more) and United States Department of Agriculture (USDA), pursuant tot the rules and regulations of the Secretary ofLabor (herein called the Secretary') issued under the authority of Executive Order 11246 as amended, Inc consideration of financial assistance (whether by al loan, grant, loan guaranty, or other form of financial assistance) made or tol be made by the USDA tol Recipient, Recipient hereby agrees, ifthe cash cost of construction work performed by Recipient or a construction contract financed with such financial assistance exceeds $10,000- unless exempted by rules, regulations or orders of the Secretary of 1.1 Toi incorporate or cause to bei incorporated into any contract for construction work, or modification thereof, subject to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid fori in whole ori inj part (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff ort termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices tol be provided by the (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalfoft the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The contractor wills sendt to each labor union or representative ofv workers with which he has ac collective bargaining agreement or other contract or understanding, a notice, to be provided by the USDA, advising the said labor union or workers' representative oft the contractor's commitments under this agreement and shall post copies of the notice in conspicuous places (d) The contractor will comply with all provisions of Executive Order 11246 of September 24,1965, and of all rules, regulations (e)1 The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the USDA Civil Rights Office, and the Secretary ofLabor for purposes ofi investigation to ascertain compliance with such rules, (f) Int the event oft the contractor's noncompliance with the nondiscrimination clauses ofthis contract or with any oft the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole ori inj part and the contractor may be declared ineligible for further Government contracts orf federally assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may bei imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order oft the Secretary of (g) The contractor will include the provisions of paragraph 1 and paragraph (a) through (g) in every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary ofLabor issued pursuant to Section: 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions willl be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the USDA may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, ori is threatened with, litigation with a subcontractor or vendor as ar result ofs such direction by the USDA, the contractor may request the United States to enter into such litigation to protect the interest oft the United States. Labori issued pursuant to Section 204 ofExecutive Order 11246 of September 24, 1965. with the aid ofs such financial assistance, the following "Equal Opportunity Clause": During the performance of this contract, the contractor agrees as follows: USDA setting forth the provisions of this nondiscrimination: clause. available to employees and applicants for employment. and relevant orders of the Secretary ofLabor. regulations, and orders. Labor, or as otherwise provided by Law. According to the Paperwork Reduction. Actof 1995, an agency may not conduct or sponsor, anday person is not required to respond 10, acollection, ofi information unless it displays a validOMB control mumber The validOMB control mumbery for this information collections is 0575-0018. The time required io complete this information collection is estimated! to average 101 minutes per response, including the time for reviewing instruictions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection ofi information. Position 6 RD 400-1(Rev.5-00) 2. Tol bel bound by the above equal opportunity clause with respect to its own employment practices when itj participates in federally assisted construction work: Provided, that ift thec organization so participating isa a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision ofs such government which does not participate in 3. Ton notify all prospective contractors to file the required' 'Compliance Statement, Form RD 400-6, with their bids. 4. Form AD-425, Instructions to Contractors, will: accompany the notice of award oft the contract. Bid conditions for all nonexempt federal and federally assisted construction contracts require inclusion of the appropriate Hometown" or "Imposed" plan affirmative action and equal employment opportunity requirements. All bidders must comply with the bid conditions contained in thei invitation to 5. To: assist and cooperate actively with USDA and the Secretary in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary, that will furnish USDA and the Secretary such information such as, but not limited to, Form AD-560, Certification ofl Nonsegregated. Facilities, to submit the Monthly Employment Utilization Report, Form CC-257, as they may require for the supervision ofs such compliance, and that ity will otherwise assist USDA in 6. Tor refrain from entering into any contract or contract modification subject tos suchl Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and) Federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation oft the equal opportunity clause as may bei imposed upon contractors and subcontractors by USDA ort the Secretary ofLabor pursuant tol Part II, Subpart D, ofthe 7. Thati ift the recipient fails or refuses to comply with these undertakings, the USDA may take any ora all ofthe following actions: Cancel, terminate, or suspend in whole or inj part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the organization under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such organization; and refer the case tot the Department of. Justice for appropriate legal work on or under the contract. be considered responsible bidders and hence eligible fort the award. the discharge ofUSDA's primary responsibility for securing compliance. Executive Order. proceedings. Signed by the Recipient on the date first written above. Recipient Recipient City of Dunn Name of Corporate Recipient CORPORATESEAL) Attest: By. Melissal Matti, Interim City Clerk William Elmore, Jr., Mayor USDA-RD Form RD 1910-11 (Rev.9-02) Position3 3 UNITEDSTATES DEPARTMENT OF AGRICULTURE RURALDEYELOPMENT APPLICANT CERTIFICATION FEDERAL COLLECTION POLICIES FOR CONSUMER OR COMMERCIAL DEBTS Thel Federal Government is authorized to check credit information about the: applicant(s) including using the federal Credit Alert Interactive Voice Response System (CAIVRS) ori its successors to check to see ifthe applicant(s) are delinquent or in default on al Federal debt. The Federal Government is also authorized by law to take: any or all of the following actions in the event your loan payments become delinquent or you default on your loan: Report your name and account information to a credit reporting agency, and the Credit Alert Interactive Voice Response Assess charges to cover additional administrative costs incurred by the government to service your account. System (CAIVRS). Assess interest and penalty charges for the period oft time that payment is not made. Offset amounts to be paid to you from your Federal income tax refund. Offset amounts tol be paid to you under other Federal Programs. Refer your account to a private collection agency to collect the amount due. Foreclose on any security you have given for the loan. Pursue legal action to collect through the courts. Report any written off debt to thel Internal Revenue Service as taxable income. executive branch oft thel Federal Government for the period of debarment or suspension. Ifyou are: a current or retired Federal employee, take action to offset your salary, or civil service retirement benefits. Debar or suspend you from doing business with the Federal Government either as aj participant or principal throughout the Refer any debt that is delinquent to the Treasury Offset Program (TOP) in accordance with the Debt Collection Refer any eligible debt thati is delinquent to the Treasury for cross servicing in: accordance with the Debt Collection Improvement, Act of 1996. Improvement Act of 1996. Garnish your wages as allowed by the Debt Collection Improvement Act of 1996. Any or all oft these actions may be used to recover any debts owed when iti is determined tol be int the interest oft the Government to do SO. CERTIFICATION: I/we have read andl Iwe understand the actions the Federal Government may takei in the event that I/we fail to meet my/our scheduled. payments in accordance with the terms and conditions of my/our agreement. I/we understand that the above list is not all inclusive and that the Federal Government may deem additional actions necessary to collect should I/we become delinquent. 08-27-2024 (Date) 08-27-2024 (Date) 08-27-2024 (Date) sgnatr-ndvidhul), signalre-ndnvidhnals, City of Dunn (SEAL) (Name of Applicant) (Signature of Authorized Entity Official) (Titlec of Authorized Entity Official) ATTEST: William Elmore, Jr., Mayor PO Box 1065 Dunn, NC 28335- (Signature of Attesting Official) (Title of Attesting Official) (Address) (City, State, and Zip Code) Melissa Matti, Interim City Clerk RDI 1910-11(Rev. 9-02) FORM APPROVED OMB No. 0575-0201 Exp. Date: 07/31/2025 USDA Form RD 400-4 (Rev.08-22) Position. 3 ASSURANCE AGREEMENT (Under Title VI, Civil Rights Act of 1964) The City of Dunn PO Box 1065 Dunn, NC: 28335- (name of recipient) (address) Asac condition ofi receipt ofl Federal financial assistance, you acknowledge: and agree that you must comply (and require any subgrantees, subrecipients, contractors, successors, transferees, and assignees to comply) with applicable provisions of national laws andj policies prohibiting discrimination, including but not limited to: 1. Title VI ofthe Civil Rights Act of 1964, as amended, which prohibits you from discriminating on the basis of race, color, or national origin (42 U.S.C. 2000d et seq.), and 7CFR Part 15,7CFR 1901, Subpart E. As clarified by Executive Order 13166, Improving Access to Services for Persons withl Limited English Proficiency, and resulting agency (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service) guidance, national origin discrimination includes discrimination on the basis ofl limited English proficiency (LEP). To ensure compliance with Title VI, your must take reasonable steps to ensure that LEP persons have meaningful access to your programs [in accordance with USDA RDLEP Guidance for RDI Funded (Assisted) Programs). Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. You are encouraged too consider the need for language services for LEPI persons served or encountered bothi in developing your budgets andi in conducting your programs and: activities. For assistance andi information regarding your LEP obligations, go to 2. Titlel IX of thel Education Amendments of 1972, as amended, which prohibits you from discriminating on the basis of sexi in education programs or activities (20 U.S.C. 1681 et seq.)[asi implemented by 7CFR Part 15,7CFR 1901, Subpart 3. The Age Discrimination Act of 1975, as amended, which prohibits you from discriminating on the basis of age 4. Section 504 oft the Rehabilitation Act of 1973, as amended, which prohibits you from discriminating on the basis of disability (29 U.S.C. 794) [as implemented by 70 CFR Part 15,7CFR Part 15b,7CFRI 1901, Subpart E); 5. Title VIII of the Civil Rights Act, which prohibits you from discriminating in the sale, rental, financing, and advertising ofdwellings, ori in the provision ofs services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. 3601 et seq.), as implemented by the Department of Housing and Urban) Development at 24 CFR part 100. Thej prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units, i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) be 6. Titles II and III oft the Americans with Disabilities Act, which prohibit you from discriminating on the basis of disability ini the operation of public entities, public andj private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. SS 12131-12189), as implemented by Department of Justice regulations at28 htp/www.lep.goy: EJ: (42U.S.C. 6101 et seq.) [as implemented by 7CFRI Part 15,7CFR 1901, Subpart] EJ; designed and constructed with certain accessible features, see 24CFRI Part 100.201;and C.F.R. parts 35 and 36, and 70 CFR Part 15,7CFRI Part 15b, 7CFR 1901, Subpart E. According o the Paperwork Reduction Actofl 1995, no persons are required l0 respond loac collection ofi information unless ir displaysa a validOMB control number. Thes validOMB control mumber! for thisi information collection is 0575-0018. The time required lo complete this information is estimated loaverage 15n mimites per response, including the time for reviewing instructions, searchinge existing datas sources. gathering and maintaining thec data needed. ando completing andy reviewing thec collection of information. You: also acknowledge and agree that you must comply (and require any subgrantees, subrecipients, contractors, successors, transferees, and assignees to comply) with applicable provisions governing USDA Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service): access to records, accounts, documents, information, facilities, and staff: 1. You must cooperate with any compliance review or complaint investigation conducted by USDAI Rural Development (Rural Housing Service, Rurall Business and Cooperative Service, and Rural Utilities Service). 2. You must give USDA Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and) Rural Utilities Service) access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may ber necessary, as required by Title VI,Title IX, Age, and Section 504 implementing regulations and other applicable 3. Your must keep such records and submit tot the responsible Department official or designee timely, complete, and accurate compliance reports at such times, and in such form and containing such information, as the responsible Department official or his designee may determine to be necessary to ascertain whether youl have complied or are Your must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed Make available to users, participants, beneficiaries and otheri interested persons such information regarding the provisions of this agreement and the regulations, andi in such manner as thel Rural Development or the U.S. Department of Agriculture finds necessary toi inform such persons oft the protection assured them againstdiserimination. 6. If, duringt thej past three years, you (the recipient) havel been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, you must provide al list of all such proceedings, pending or completed, including outcome and copies of settlement agreements. 7. Int the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against you, or yous settle a case or matter alleging such discrimination, you must forward a copy of the complaint and findings to USDA Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service), Office of laws or program guidance. complying with relevant obligations. inj program guidance. Civil Rights. The United States has the right to seek judicial enforcement of these obligations. You also acknowledge and agree that you must comply (and require any subgrantees, subrecipients, contractors, successors, transferees, and: assignees to comply) with applicable provisions of program-specific nondiscrimination. policy requirements found at CFR Part 15,7CFR Part 15b, 12CFRI Part 202,7CFR 1901, Subpart E., DR4300-003, DR4330-0300, DR4330-005. Int the case of any service, financial aid, covered employment, equipment, property, or structure provided, leased, or improved with federal assistance extended to the Recipient by Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service), this assurance obligates the Recipient for the period during which federal assistance is extended. In the case of any transfer ofsuch service, financial aid, equipment, property, or structure, this assurance obligates the transferee for the period during which federal assistance is extended. Ifany personal property is so provided, this assurance obligates thel Recipient for the period during which iti retains ownership or possession of the property. In: all other cases, this assurance obligates the Recipient for the period during which the federal assistance is extended to the Recipient by Rural Development (Rural Where a primary objective of the federal assistance is to provide employment or where the Recipient's employment practices affect the delivery of services inj programs ora activities resulting from federal assistance extended by Rural Development (Rural Housing Service, Rural Business and Cooperative Service, andl Rural Utilities Service), the Recipient agrees not to discriminate on the grounds of race, color, national origin, sex, age, or disability, ini its employment practices. Such employment practices may include, but are not limited to, recruitment, advertising, hiring, layoff or termination, promotion, demotion, transfer, rates of pay, training and Period of Obligation Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service). Employment Practices participation in upward mobility programs; or other forms of compensation and use of facilities. Data Collection Thel Recipient agrees to compile and maintain information pertaining to programs or activities developed as a result of the Recipient'sr receipt of federal assistance from] Rural Development (Rural Housing Service, Rural Business and Cooperative Service, andl Rural Utilities Service). Suchi information shall include, buti is not limited tot the following: (1) the manner in which serviçes are or will be provided and related data necessary for determining whether any persons are or willl be denied such services on the basis of prohibited discrimination; (2) the population eligible to be: served by race, color, national origin, sex, age, and disability; (3) data regarding covered employment including use or planned use oft bilingual public contact employees serving beneficiaries ofthe program where necessary to permit effective participation by beneficiaries unable to speak or understand English; (4) the location of existing or proposed facilities connected with the program and related information adequate for determining whether the location has or willl have the effect ofunnecessarily denying access to any person on the basis of prohibited discrimination; (5) the present or proposedi membership by race, color, national origin, sex, age and disability in any planning or advisory body which is anj integral part oft the program; and (6) any additional written data determined by Rural Development (Rural Housing Service, Rural Business and Cooperative Service, and Rural Utilities Service) tol be relevant to the obligation to assure compliance by recipients with laws Under penalty of perjury, the undersigned officials certify that theyl have read and understand their obligations as herein described, that the information submitted in conjunction with this Document is accurate and complete, and thatt the recipient is in compliance cited int this assurance agreement. with the nondiscrimination: requirements set out above. Rights and remedies provided for under this agreement shall be cumulative. Iny witness whereof, City of Dunn hereunto executed this agreement. on this (name ofrecipient) date has caused this agreement to be executed by its duly authorized officers and its seal affixed hereto, or, ifar natural person, has (SEAL) Recipient Date Title 8/27/2024 Attest: William Elmore, Jr., Mayor Melissa Matti, Interim City Clerk Title RD Instruction 1940-Q Exhibit A-1 CERTIFICATION FOR CONTRACTS, GRANTS AND LOANS The undersigned certifies, to the best of his or her knowledge and belief, 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant or Federal loan, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant or loan. will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant or loan, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance 3 The undersigned shall require that the language of this certification: be included in the award documents for all subawards at all tiers (including contracts, subcontracts, and subgrants under grants and loans) and that all This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite. for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each. such failure. that: 2 If any funds other than Federal appropriated funds have been paid or with its instructions. subrecipients shall certify and disclose accordingly. William Elmore Jr. 08/27/2024 (date) (name) Mayor (title) 000 (08-21-91) PN171 USDA-Rural Development 2736 NCI Highway 210 Smithfield, NC27577 Dear Sir: This is to certify that City of Dunn Local requirements to include the following: a) Compliance with: special laws and regulations isino compliance with Federal, State, and b) Compliance with State Pollution Control or Environmental Protection Agency Consistency with other development plans of the area and State Strategic Plan. standards d) State agency regulating water rights. e) Compliance with the Civil Rights Act of 1964. f) Compliance with Title IX of the Education Amendments of 1972 g) Compliance with Section 504 of the Rehabilitation Act of 1973. h) Compliance with the Age Discrimination Act of 1975 William Elmore, Jr., Mayor Date: 8/27/2024 CERTIFIED LIST OF OFFICERS/DIRECTORS NAME OFAPPLICANT: City of Dunn PO Box 1065, Dunn, NC 28335 PHONE. NUMBER: 910-230-3500 PO BOX (if applicable) and PHYSICALADDRESS OF. SECURITY: ALTERNATE NUMBER: CONTACT PERSON: Steven Neuschafter, 401 East Broad Street, Dunn, NC 28335 (Name) (Address) neuschaler@oumn.ncorg (Email Address) OFFICERS AND DIRECTORS OF GOVERNING BODY NAME OFFICE HELD Mayor Council Council Council Council Council Council City Manager TERMS OF OFFICE 2027 2027 2027 2027 2027 2027 2027 William P. Elmore, Jr. J.V Wesley Sills April Gaulden Raquel McNeil Billy N. Tart Alan Hargis Dr. David L. Bradham Steven Neuschafter Icertify that the above is the correct list of officers and directors of the: City of Dunn asof 8/27/2024 (Date) (SEAL) (Applicant Name) CERTIFIED CORRECT: Melissa Matti, Interim City Clerk CITY OF DUNN NORTH CAROLINA 1887 City Council Agenda Item Meeting Date: August27,2024 Capital Project Ordinance Budget Amendment - Pearsall St Culvert Replacement Project and Stormwater Mapping Project Steven Neuschafer/City, Manager Cary McNallan/Finance Department Capital Project Ordinance Amendments Budget Amendment SUBJECT TITLE RESENIERDEPARINENT ATTACHMENTIS) a - PUBLIC HEARING PUBLISH DATES N/A PURPOSE: To approve capital project ordinance and budget amendments for the Pearsall St Culvert Replacement Project and the Stormwater Mapping Project. BACKGROUND: On August 13, 2024, the City Council received a report on the estimated cost of the Pearsall Street Culvert Project. To provide funding for the total project, staff has received approval from the NC Department of Environmental Quality (NCDEQ) tos shift the remaining grant funds from the Stormwater Mapping Project to the Pearsall Street Culvert Project, in the amount of$ $151,000. A capital project ordinance and budget amendment approval is required to reflect Approval is also requested to fund a portion of the Pearsall Street Culvert Project with General Fund Reserves tot fund the street portion oft the project, and' Water and Sewer Fund Reserves to fund the utility portion of the project. The remainder of the project costs would be funded with stormwater grant funds and installment financing, which would be repaid with future stormwater this shift in funding. fees. BUDGET IMPACT: Grant funds will be shifted from the Stormwater Mapping Project to the Pearsall Street Project. General Fund Reserves of $78,669 willl be allocated to thel Pearsall Street Project along with $249,784 of Water and Sewer Fund Reserves to cover non-stormwater costs. Installment financing of $462,107 will be secured near project completion and repaid in future years from stormwater funds. DUNN encacily 1989 *2013 REÇOMMENDED COUNCIL MOTION/ACTION Motion to approve the capital project ordinance, budget amendments, REQUESTED OF and loan reimbursement resolution for the Pearsall St Culvert Replacement Project and the Stormwater Mapping Project. CITY OF DUNN NORTH CAROLINA 18877 Capital Project Ordinance Amendment Stormwater Mapping WHEREAS, the City Council for the CityofDunn, on June 14, 2022, adopted thea annual budget ordinance number 02022-08 for the fiscal year beginning July 1, 2022; and, WHEREAS, the City Council, on September 13, 2022, approved a capital project ordinance fort the Stormwater Mapping Projectwith: an approved budget of$500,000 tol be funded from the North Carolina Department of Environmental Quality's allocation of American Rescue WHEREAS, this project is now complete and iti is necessary to amend the project budget to allow for the remaining grant funds to be transferred to the Pearsall Street Culvert Project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUNN, NC, PURSUANT TO SECTION 13.2 OF CHAPTER 159 OF THE GENERAL STATUTES OF NORTH Section 1: The Stormwater Mapping Project budget is amended to reduce the grant funding and appropriate a small transfer ofs stormwater operating funds to fund projectexpenditures Section 2. The amount of funding appropriated, and amounts budgeted for this project are Plan Act (ARPA). grant funds; and, and, CAROLINA, THAT: offifty cents. approved as follows: Previous Budget Budget Amendments $ Revised Budget 0.50 andimgAppropriations NCDWI ARPA Grant 0003 Transfer from the Stormwater Fund $ Total Funding Expenditures: ingnerimg/Adminstraton Construction Total Expenditures $500,000.00 $(151,000.00) $349,000.00 $500,000.00 $(150,999.50) $349,000.50 $350,000.00 $ (999.50) $349,000.50 $150,000.00 $(150,000.00) $ $500,000.00 $(150,999.50) $349,000.50 0.50 $ Section 3: The Finance Director is directed to report periodically on the financial status of each project element in Section 2 and on the total revenues received or claimed. Section 4: Within five (5) days after this ordinance is adopted, the City Clerk shall file a copy of this ordinance with the Finance Director. Where community begins! CITY OF DUNN NORTH CAROLINA 18877 Section 5: This capital project ordinance shall be effective immediately. Duly adopted this 27th day of August 2024. William P. Elmore, Jr. Mayor Attest: Melissa R. Matti Interim City Clerk Where community begins! CITY OF DUNN NORTH CAROLINA (910)230-3500 CityofDunn.org 1887 401EBroad St . POBox1 1065 Dunn, North Carolina 28335 CAPITAL PROJECT ORDINANCE. AMENDMENT: 2 PEARSALL STREET STORMWATER CULVERT FY22. AMERICAN RESCUE. PLAN ACT GRANT (ARPA) LOCAL. ASSISTANCE FORSTORMWATER INFRASTRUCTURE INVESTMENT PROGRAM (LASII) PROJECT # SRP-SW-ARP-0003 PROJECT # SRP-SW-ARP-0030 PROJECT # SRP-SW-ARP-0098 WHEREAS, the City Council fort the City of Dunn, on) June 13,2023, adopted the annual budget ordinance number 02023-13 for the fiscal year beginning July 1, 2023;and, WHEREAS, the City Council, on June 13, 2023, adopted the capital improvements plan for WHEREAS, the City Council, on December 12, 2023, approved a grant capital project ordinance for the Pearsall Street Culvert Project with a budgeted amount of $400,000; a and, WHEREAS, the City Council, on March 26, 2024, approved a capital project ordinance amendment to increase the project budget by $490,340 for construction costs to be funded from the North Carolina Department of Environmental Quality (NCDEQ) Division of Water Infrastructure (DWI) grant funding from the Local Assistance for Stormwater Infrastructure WHEREAS, iti is necessary to amend this project's capital project ordinance to increase the project's budget by $870,560 to provide adequate funding to complete thej project; and, NOWTHEREFORE, BEI IT ORDAINED by the City Council ofthe City ofl Dunn, North Carolina, that pursuant to section 13.2 of Chapter 159 of the General Statutes of North Carolina, the Section 1a: The Pearsall Street Culvert Capital Project is to be amended to included $151,000 of NCDEQ grant funds (grant project number SRP-SW-ARP-0003) to be financed by the federal American Rescue Plan Act (ARPA) grant funds awarded to the City of Dunn by the North Carolina Department of Environmental Quality (DEQ) Division of Water Infrastructure (DWI). These funds were previously included in the City's Stormwater fiscal year 2023-24;and, Investments (LASII) American Rescue Plan Act; and, following Grant Project Ordinance amendment is hereby adopted. Where community begins! Mapping Project and approval has been received by the State to move the unused portion of Section 1b: The Pearsall Street Culvert Capital Project is to be amended by reducing the NCDWI ARPA Grant 0098 funding by $71,000. This funding and related expenditures are Section 1c: The Pearsall Street Culvert Capital Project ist tol be: amended to include $249,784 of funding from the Water and Sewer Fund for related utility costs, $78,669 in funding from the General Fund for street related costs, and $462,107 of installment financing for Section 2: The officers of this unit are hereby directed to proceed with the grant project within the terms of the board resolution, grant documents, the rules and regulations of the Division of Water Infrastructure (DWI), and the budget contained herein, until all project Section 3: The amount off funding appropriated, and amounts budgeted for engineeringand this grant to the Pearsall Street Culvert Project. reflected in the Stormwater operating budget. stormwater related costs not covered by grants. activity is completed and is adopted as noted in Section 3. construction are approved as follows: Previous Budget $ 490,340 $ $ $ Budget Amendments Revised Budget $ 490,340 andingApproprations NCDWI ARPA Grant 0098 NCDWI ARPA Grant 0030 NCDWI ARPA Grant 0003 Transfer fr the Water & Sewer Fund $ Transfer from the General Fund Installment inancingstormwater $ 400,000 $ (71,000) $ 329,000 $ 151,000 $ 151,000 $ 249,784 $ 249,784 78,669 $ 78,669 $ 462,107 $ 462,107 $ Total Funding Expenditures: Administration Engineering Construction Total Expenditures $ 890,340 $ 870,560 $ 1,760,900 $ $ 38,375 $ 98,900 $ 498,900 38,375 $ 400,000 $ $ 490,340 $ 733,285 $ 1,223,625 $ 890,340 $ 870,560 $ 1,760,900 Section 4: The finance officer is hereby directed to maintain within the Pearsall Street Culvert Project, sufficient specific detailed accounting records to satisfy the requirements of Section 5: Funds may be advanced from the General Fund and/or Stormwater Fund for the purpose of making payments as due. Reimbursement requests should be made to the State the grantor agency, the grant agreements, and federal regulations. grantor agency in an orderly and timely manner. Compliance with all federal and state Section 6: The finance officer is directed to report, on a quarterly basis, on the financial status of each project element in section 3 and on the total grant revenues received or Section 7: Copies of this grant project ordinance shall be furnished to the Clerk, the Budget procurement regulations is required. claimed. Officer, and the Finance Officer for direction in carrying out this project. Adopted this, the 27th day of August 2024 at City of Dunn, North Carolina. William P. Elmore, Mayor ATTEST: Melissa R. Matti, Interim City Clerk CITY OF DUNN NORTH CAROLINA 18877 City Council Agenda Item Meeting Date: August 27, 2024 SUBJECT TITLE PRESENTER/DEPARTMENT ATTACHMENT/S) Budget Amendment for Police Performance and' Wellness Grant Cary McNallan/Finance Department Budget amendment PUBLIC HEARING PUBLISH DATES N/A PURPOSE: Toapprove al budget amendment related to the acceptance of al Police Performance and Wellness Grant. E BACKGROUND: On August 13, 2024, the City Council approved the acceptance of a North Carolina Chiefs of Police Performance and Wellness Grant in the amount of $7,528. These grant funds would be used to purchase Essential Personnel Software which would provide a An FY25 budget amendment is needed to account for the grant funds and to appropriate these monies tot the Police operating budget to fund the purchase oft the software program. 1 computerized platform for tracking and monitoring police personnel data. BUDGET IMPACT: The overall budget for the General Fund will increase by $7,528 8byir increasing grant revenues and appropriating additional funds to the police operating budget. DUNN Amencaciny 1989 2013 RECOMMENDED REQUESTED OF COUNCIL MOTION/ACTION Motion to approve the attached budget amendment for the General Fund. CITY OF IDUNN NORTH CAROLINA 1887 City Council Agenda Item Meeting Date: August27, 2024 SUBJECTTITLE PRESENTENDEPARIMENT ATTACHMENT/S) Budget Amendment Request Billy Godwin/Assistant City Manager Brian McNeill/Parks and Recreation Director Playground Design documents Capital Project Ordinance Amendment Budget Amendment PUBLIC HEARING PUBLISH DATES N/A PURPOSE: To approve a capital project ordinance budget amendment for the Clarence Lee Tart Park Renovation Phase Two project, aka Tart Park Improvements Project. 3 BACKGROUND: The budget amendment request is for thet following reasons. In April 20241 the City submitted as scope amendment request to thel PARTF Authority to remove the picnic shelter renovation from the scope of Tart Park Phase Twol PARTF Grant. Ther request was not approved but the City was allowed to adjust the project budget by moving a portion of funds intended for the shelter tot the main playground renovation to retain thet full grant allotment. Requesting an additional $30,000 to the project budget to purchase new playground structure and surfacing (see attached) which will include inclusive wheelchair ramp and play features, ages 2-12 accommodations, sunshades, artificial turf surfacing, and site amenities. Requesting an additional $10,000 to the project budget for improvements to include shelter furnishings, shelter electrical power capabilities, and additional landscaping for beautification. A BUDGET IMPACT: The City's share of this project would increase by $40,000 and would be funded from at transfer from the General Fund Reserves. Itis anticipated that the reserves at the end ofFY2024 will be higher than originally estimated due to ngner-nan-expected sales tax and other revenues. DUNN *** All-Americacity 1989 2013 RECOMMENDED Motion to approve the attached project capital ordinance and budget amendment MOTION/ACTION request of $40,000 for the Tart Park Improvements Project. REQUESTED OF COUNCIL CITY OF DUNN NORTH CAROLINA 18877 Capital Project Ordinance Amendment 1 Tart Park improvements Project WHEREAS, the City Council for the City ofl Dunn, on June 13, 2023, adopted the annual budget ordinance number 02023-13 for the fiscal year beginning July 1, 2023; and, WHEREAS, the City Council, on June 13, 2023, adopted the capital improvements plan for WHEREAS, on November 15,2 2022, the City Council formally accepted al North Carolina Parks and Recreation Trust Fund (PARTF) grant from the North Carolina Division of Parks and WHEREAS, on March 26, 2024, the City Council approved a $400,000 capital project WHEREAS, it is necessary to amend this project's capital project ordinance to increase the project's budget by $40,000 to provide adequate funding to complete the project; and, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUNN, NC, PURSUANT TO SECTION 13.2 OF CHAPTER 159 OF THE GENERAL STATUTES OF NORTH Section 1: Contractual and construction services for the City of Dunn Tart Park Improvements Project is authorized to be undertaken until all projecta activity is completed, Section 2. The amount of funding appropriated, and amounts budgeted for project fiscal year 2023-24; and, Recreation; and, ordinance for the Tart Park Improvements Project; and, CAROLINA, THAT: and is adopted as follows: expenditures are amended and approved as follows: Previous Budget $200,000.00 $ Budget Amendments Revised Budget $200,000.00 undingAppropnations State Parks and Recreation Grant General Fund Operating Transfer $200,000.00 $ 40,000.00 $240,000.00 $400,000.00 $ 40,000.00 $440,000.00 Total Funding Expenditures: Engineering Construction Total Expenditures $ 40,000.00 $ (40,000.00) $ $360,000.00 $ 80,000.00 $440,000.00 $400,000.00 $ 40,000.00 $440,000.00 Where community begins! CITY OF DUNN NORTH CAROLINA 1887 Section 3: The Finance Director is directed to report periodically on the financial status of each project element in Section 2 and on the total revenues received or claimed. Section 4: Funds may be advanced from the General Fund for the purpose of making payments as due. Reimbursement requests should be made to the Federal or State grantor agency in an orderly and timely manner. Compliance with all federal and state procurement Section 5: Within five (5) days after this ordinance is adopted, the City Clerk shall filea a copy regulations is required. ofthis ordinance with the Finance Director. Section 6: This capital project ordinance shall be effective immediately. Duly adopted this 27th day of August 2024. William P. Elmore, Jr. Mayor Attest: Melissa R. Matti Interim City Clerk Where commumity begins! r CITY OF DUNN NORTH CAROLINA 18877 City Council Agenda Item Meeting Date: August 27, 2024 SUBJECT TITLE PRESENIENDEPARIMENT ATTACHMENT/S) PURPOSE: Consideration to Accept SRP Funding Offer City Manager Neuschafer Resolution to Accept Offer and Acceptance documents PUBLIC HEARING PUBLISH DATES n/a a The City has received State Reserve Grant approval for funding assistance for Water System AIA - Project No. AIA-D-0302 int the amount of $150,000. Funds will not be disbursed until offer is accepted. BACKGROUND: 3 - 2 BUDGET IMPACT: - RECOMMENDED REQUESTED OF COUNCIL DUNN -AmE MOTION/ACTION Motion to accept the State Reserve Grant offer of $150,000 and adopt resolution. *** 1989 2013 CITY OF DUNN NORTH CAROLINA 18877 Resolution to Accept State Reserve Grant Offer WHEREAS, the North Carolina General Statues Chapter 159G has created. Asset Inventoryand Assessment (AIA) grants to assist eligible units of government with meeting their water WHEREAS, the North Carolina Department of Environmental Quality has offered a State Reserve Grant in the amount of $150,000 to perform an Asset Inventory and Assessment WHEREAS, the City of Dunn intends to perform said project in accordance with the agreed NOW,THEREFORE, BEI IT RESOLVED BY CITY COUNCIL OFTHE CITY OFI DUNN: 1. That City of Dunn does hereby accept the State Reserve Grant offer of $150,000. 2. That the City of Dunn does hereby give assurance to the North Carolina Department of Environmental Quality that any Conditions or Assurances contained in the Award Offer 3. That (name and title of authorized representative), and successors SO titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project; to make the assurances as contained above; and to execute: such otherd documents as mayl be required byt thel Division infrastructure needs, and study detailed in the submitted application, and scope ofwork, willl be adhered to. of Water) Infrastructure. Adopted this 27th day of August, 2024. William P. Elmore, Jr. Mayor ATTEST: Melissa R. Matti, CMC, NCCMC, CZO Deputy City Clerk Where communify begins! Docusign Envelope ID: 0883AB39DE-3E1992+CF725DSBCA ROY COOPER Governor ELIZABETHS. BISER Secretary SHADIESKAF Director NORTH CAROLINA EmvtronmentalQually August 9, 2024 Mr. Steven Neuschafer, City Manager City ofl Dunn PO Box 1065 Dunn, NC28335 SUBJECT: SRP Funding Offer Water System AIA Project No. AIA-D-0302 Dear Mr. Neuschafer: The City ofDunn has been approved for funding assistance according to the subject funding offer. This offer is made subject to the Assurances and Conditions set forth in the Offer and Acceptance Document. Enclosed are two (2) copies of an offer-and-acceptance document, extending funding in the amount of $150,000. Funds will not be disbursed unless this offer is accepted. Upon your acceptance, please submit the following items via email at DEO.DW.Fundingonfer@deg.negov. 1. One (1)copy of the original ofter-and-acceptance document, executed by the Authorized Representative for the project, along with the signed "Standard Conditions and Assurances" for SRP Projects. Please retain the second copy for your files. 2. 1.5% Fee invoice (attached) and payment. 3. A resolution (sample copy attached), adopted by the governing body, accepting the offer, and making the applicable assurances contained therein. Sales Tax Certification, ifapplicable (attached). 4. 5. One (1) copy of all executed service agreements and/or contracts. All work associated with this project must be completed within the approved milestone schedule as shown on your Letter of Intent to Fund. North Carolinal Department ofE Environmental Quality Division of Water Infrastructure DEQ 512N. Salisbury Street 11 1633Mai!s Service Center I Raleigh, NorthCarolina: 27699-1633 919.7079160 Docusign Envelope ID: 288693AB-39DE-43E1-9924-CF72235D5BCA Once the subject project has commenced, the enclosed "AIA/MRF Disbursement Request Form" must be completed and submitted with all disbursement requests. A reference copy ofthe Disbursement Request Form has been enclosed for your convenience. You are free to reproduce this form should additional copies be needed. Additional information and template forms can be found on DWI's website under the I Have Funding Construction and Disbursement" page. Disbursement requests should be sent tol Pam Whitley, vial Laserfiche at the following link: ssdsusauom.DNDsmslbiwhim Asare reminder, a memorandum requesting your federal identification number was included with the Letter of] Intent tol Fund. You must complete and submit this form no later than the time when you choose to: submit your first request for disbursement. On behalf ofthel Department of Environmental Quality, I am pleased to extend this offer of SRP funds, made available by the North Carolina Water Infrastructure Fund. Should you have any questions concerning this offer of funding, or any oft the stipulations outlined in this offer package, please contact Kristen Downs at kristendowns@deynegox or 919-707-9056. Sincerely, DocuSignedby: Votor D'Ama-to 52CD62E9DA6B44F- Victor A. D'Amato, PE Division of Water Infrastructure, NCDEQ Enclosures: Ofler-and-Acceplance Document (2 copies) 1.5%1 Feel Invoice Sales Tax Certification Form AIA/MRF Disbursement Request Form Resolution by Applicant's Governing Body to Accept an Offer of Funding Steven) Neuschafer, City Manager; ncushater@dum-ncorg CC: Kassie Young, WithersRavenel, Inc. (Wilmington, NC); vouméntiemrasmelcon Brandon! Inscore, WithersRavenel, Inc. (Greensboro, NC); inserdvilemsneicon Teresa Tripp (via DocuSign) DWI Administrative Unit (vial DocuSign) Kristen Downs, PhD (vial DocuSign) Matthew Rushing, EI (vial DocuSign) DEO.DWIFundingoffer@deg.ne.gox FILE: SRP (Agreement. Number 2000075087) Northo Carolinal Department of! Environmental Quality Division of Waterk Infrastructure DEQ 512N. Salisbury Street 1 1633Mails Service Center - Raleigh, NorthCarolina2 27699-1633 919.707.9160 CITY OF DUNN NORTH CAROLINA 18877 City Council Agenda Item Meeting Date: August 27, 2024 SUBJECT TITLE PRESENIENDEPARIMENT ATTACHMENT/S) Capital Project Ordinance Raw Water Pump Station Cary McNallan/Finance Department Capital Project Ordinance and Budget Amendment improvements PUBLIC HEARING PUBLISH DATES N/A Pump Station Improvements Project. PURPOSE: To approve a capital project ordinance and budget amendment for the Raw Water BACKGROUND: The City of Dunn intends to make improvements to the Raw Water Pump Station located in Erwin, NC near the Cape Fear River. The City has received al Building Resilient Infrastructure and Communities (BRIC) grant of $6,438,975 to be used towards thet funding oft this project. The City has also received a state funding appropriation in the amount of $7.1M that is to be used for water and sewer infrastructure projects. Staff isr recommending the use of a portion The estimated cost oft this project is $9,094,222. Inc order to properly account project; funding and expenditures related to this project, a capital project ordinance is required to be adopted. BUDGET IMPACT: A capital project fund will be established for recording expenditures and funding sources for this project. Funding for the $9,094,222 project will include $6,438,975 ( of oft the state funding tol be allocated towards this project. Federal BRIC grant funds and $2,655,247of1 NC State Appropriation Funds. DUNN RECOMMENDED MOTION/ACTION COUNCIL Motion to approve the Raw Water Pump Station Improvements Capital REQUESTED OF Project Ordinance and related budget amendment. 2013 CITY OF DUNN NORTH CAROLINA Capital Project Ordinance 18877 Raw Water Pump Station Improvement Project WHEREAS, the City Council for the City of Dunn, on) June 25, 2024, adopted the: annual budget ordinance number 02024-13 for the fiscal year beginning July 1, 2024; and, WHEREAS, the City Council, on June 25, 2024, adopted the capital improvements plan for WHEREAS, the City Council, intends to make improvements to the raw water pump station WHEREAS, the Federal Emergency Management Agency (FEMA) has approved a Building Resilient Infrastructure and Communities (BRIC) grant in the amount of$ $6,438,975;and, WHEREAS, the North Carolina General Assembly's Session Law 2023-134 appropriated WHEREAS, it is necessary to create a capital project to account for the revenues and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUNN, NC, PURSUANT TO SECTION 13.2 OF CHAPTER 159 OF THE GENERAL STATUTES OF NORTH Section 1: Expenditures necessary for the Raw Water Pump Station improvement Project is authorized tol be undertaken until all projectactivityisc completed, and is adopted as follows: Section 2. The amount of funding appropriated, and amounts budgeted for all project fiscal year 2024-25; and, near the Cape Fear River in Erwin; and, $7,100,000 for City of Dunn water and wastewater projects; and, expenditures oft this project; and, CAROLINA, THAT: expenditures are approved as follows: FundingApproptiations BRIC Grant State Appropriations Funding Total Funding Expenditures: Administration Engineering Construction Contingency Total Expenditures 6 6,438,975 : 2,655,247 9,094,222 279,657 900,000 7,814,565 100,000 9,094,222 Where communiby begins! CITY OF DUNN NORTH CAROLINA 1887 Section 3: The Finance Director is directed to report periodically on the financial status of each project element in Section 2 and on the total revenues received or claimed. Section 4: Funds may be: advanced from the General Fund and/or Water and Sewer Fund for the purpose of making payments as due. Reimbursement requests should be made to the Federal or State grantor gencyinanorderlyand timely manner. Compliance: with all federal Section 5: Within five (5) days after this ordinance is adopted, the City Clerk shall file a copy and state procurement regulations is required. oft this ordinance with the Finance Director. Section 6: This capital project ordinance shall be effective immediately. Duly adopted this 27th day of August 2024. William P. Elmore, Jr. Mayor Attest: Melissa R. Matti Interim City Clerk Where community begins! CITY OF DUNN NORTH CAROLINA 18877 City Council Agenda Item Meeting Date: August 27,2024 SUBJECT TITLE PRESENTERIDEPARTMENT ATTACHMENT/S) Capital Project Ordinance - Juniper Creek Area Stormwater Capital Project Ordinance, Budget Amendment, and Project Improvements Project Cary McNallan/Finance Department Reimbursement Resolution PUBLIC HEARING PUBLISH DATES N/A PURPOSE: To approve a capital project ordinance, budget amendment, and reimbursement resolution for the Juniper Creek Area Stormwater Improvements Project. BACKGROUND: The City of Dunn intends to construct stormwater improvements fort the. Juniper Creek Area including locations near East Bay Street, South Wilson Avenue, and Merry Street. The City of Dunn has received a $500,000 Golden Leaf Grant and a grant/loan from the North Carolina Department of Environmental Quality (NCDEQ) int the amount of $2,359,955 to be used Inc order to properly account for the funding and expenditures related to this $2,859,955 project, a towards funding this project. capital project ordinance is required tol be adopted. BUDGET IMPACT: A capital project fund will be established for recording expenditures and funding sources for this project, as noted above and in the attached project ordinance. DUNN * ll-Amencacity 1989 2013 RECOMMENDED COUNCIL MOTION/ACTION Motion to approve the Juniper Creek Area Stormwater Improvements REQUESTED OF Capital Project Ordinance, related budget amendment, and project reimbursement resolution. CITY OF DUNN NORTH CAROLINA 1887 Capital Project Ordinance Juniper Creek Area Stormwater Improvements WHEREAS, the City Council for the City ofl Dunn, on) June 25,2024,adopted the annual budget ordinance number 02024-13 for the fiscal year beginning July 1, 2024; and, WHEREAS, the City Council, on June 25, 2024, adopted the capital improvements plan for WHEREAS, the City Council, intends to construct stormwater improvements at the location WHEREAS, the City has been awarded a $500,000 Golden LEAF (Long-Term Economic Advancement Foundation). grantand thel NCI eparumentofhwirommenat Quality's Division of Water Infrastructure State Water Infrastructure Authority has approved a Clean Water State Revolving Fund low interest loan of up to $2,805,150, of which $500,000 is available WHEREAS, it is necessary to create a capital project to account for the revenues and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUNN, NC, PURSUANT TO SECTION 13.2 OF CHAPTER 159 OF THE GENERAL STATUTES OF NORTH Section 1: Expenditures necessary for the Juniper Creek Area Stormwater Improvements Project, located at East Bay Street, South Wilson Avenue, and Merry Street, are authorized to be undertaken until all project activity is completed, and is adopted as follows: Section 2. The amount of funding appropriated, and amounts budgeted for land acquisition fiscal year 2024-25; and, of East Bay Street, South Wilson Avenue, and Merry Street; and, foral loan forgiveness grant.; and, expenditures of this project; and, CAROLINA, THAT: and related costs are approved as follows: Where community begins! CITY OF DUNN NORTH CAROLINA 18877 undimgAppropiations Golden LEAF Grant NCDEQ CWSRF Grant NCDEQ CWSRF Loan Funds Total Funding Expenditures: Administration Profession! Services Engineering Easements Construction Contingency Total Expenditures 500,000 500,000 1,859,955 2 2,859,955 $ 57,200 $ 250,000 $ 315,000 150,000 1,987,755 100,000 2,859,955 Section 3: The Finance Director is directed to report periodically on the financial status of each project element in Section 2 and on the total revenues received or claimed. Section 4: Funds may be advanced from the General Fund and/or Stormwater Fund for the purpose ofmaking payments as due. Reimbursement requests should bei made tot the Federal or State grantor agency in an orderly and timely manner. Compliance with all federal and Section 5: Within five (5) days after this ordinance is adopted, the City Clerk shall file a copy state procurement regulations is required. of this ordinance with the Finance Director. Section 6: This capital project ordinance shall be effective immediately. Duly adopted this 27th day of August 2024. William P. Elmore, Jr. Mayor Attest: Melissa R. Matti Deputy City Clerk Where community begins! Mayor William P. ElmoreJ Jr. Mayor Pro Tem J.Wesley Sills Council Members AprilL.Gaulden Raquel McNeil Billy Tart Alan Hargis Dr. DavidL. Bradham City Manager Steven! Neuschafer CITY OF DUNN NORTH CAROLINA 910)230-3500- CityofDunn.org 1887 401 1EBroad St .PO Box 1065 .Dunn, North Carolina 28335 RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE EXPENDITURES FROM PROCEEDS OF BORROWING WHEREAS; the City of Dunn desires to undertake certain stormwater improvements in the WHEREAS; it is the intent oft the City to finance those improvements through al long term loan orother suitable financing and that the financing will be obtained as ai result ofap processi involving Local Government Commission oversight, ifnecessary, and approval by the City Council, and WHEREAS; this Resolution and declaration (the Declaration") is made pursuant to the requirements of the United States Treasury Regulations Section 1.150-2 and is intended to constitutes al Declaration ofOfficial Intent to Reimburse under such Treasury Regulations Section, WHEREAS: the City Council ofthe City ofDunni is authorized toi resolve and declare the official intent of the City of Dunn, North Carolina (the "Issuer") with respect to the matters contained NOW THEREFORE BE IT RESOLVED; that the City of Dunn proposes to undertake the Project as described below, toi incur the related and necessary project expenditures, and to finance the cost of the Project with the proceeds of debt to be issued by the City for the project all as Juniper Creek Area, and and herein. described below: 1. 2. Expenditures to be incurred. The City of] Dunn (the Issuer) anticipates incurring Plan of Finance. The Issuer intends to finance the costs of the Project with the maximum expenditures (the bymdnre)0f52159.955 for stormwater improvements to the proceeds of a long-term loan or other suitable form of debt, to be issued by the City (the "Borrowing"),1 the interest on which is to be excluded from gross income for Federal income tax amount of the Borrowing to be incurred by the Issuer to finance the Project is $2,859,955. hereby declares its official intent to reimburse itselfwith the proceeds oft the Borrowing for any improvements in the Juniper Creek Area project, from sources other than the borrowed funds, are or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set Juniper Creek Area oft the City ofDunn. purposes. 3. 4. 5. Maximum Principal Amount of Debt to be issued. The maximum principal Declaration of Official Intent to Reimburse. The Issuer, City of Dunn, NC, Unavailability ofLong-Term Funds. No funds for payment for the stormwater ofthe Expenditures incurred by it prior to the issuance of the Borrowing. aside by the City pursuant to its budget or financial policies. Where community begins! 6. Public Availability of Official Intent Resolution. The Resolution shall be made available for public inspection at the office of the City Finance Officer within 30 days after its approval in compliance with the applicable state law governing the availability of records of official acts and shall remain available forj publicinspection until the borrowed funds are issued. 7. by the City Council. Effective Date. This Resolution shall be effective upon its adoption and approval BEI ITI FURTHER RESOLVED, that such evidence of debt, checks, and drafts will be signed or authorized by any two of said officials. This the 27th dayofAugust, 2024. William P. Elmore, Jr. Mayor Attest: Melissa R. Matti Deputy City Clerk CITY OF DUNN NORTH CAROLINA 18877 City Council Agenda Item Meeting Date: August 27, 2024 SUBJECT TITLE PRESENTER/DEPARTMENT ATTACHMENT/S) PUBLIC HEARING PUBLISH DATES PURPOSE: 1) 2) 3) Administrative Reports City Manager Neuschafer Monthly Reports City Manager's Report/Update on Council Goals Financial Report/Assessment Update Monthly Departmental Reports Included: Planning & Inspections Report Public Works Reports Public Utilities Report Water Plant Report Wastewater Treatment Plant Report Parks & Recreation Report Police Report K T a DUNN ** All-AmericaCity 1989 2013 3 a C 6 0 a 0 - a O N C Mayor William P. Elmore. Jr. Mayor Prol Tem .Wesley Sills Council Members AprilL. Gaulden Raquel McNeil Alank Billyl Tart Dr. DavidL Bradham Hargis CityA Manager Steven Neuschafer CITY OF DUNN NORTH CAROLINA (910)230-3500-C CityofDunn.org 1887 401EE Broad St .PO Box 1065 .Dunn, North Carolina 28335 MEMORANDUM To: From: Date: Honorable Mayor, City Council Members Cary McNallan, Finance Director August 7,2024 Subject: July 2024 Financial Report (unaudited) Cash & Investment Balances: Cash and investment balances for all funds totaled $9,571,805 as of July 31, 2024, compared to $9,061,553 a year ago. The increase is primarily due to the timing of reimbursements of water and: sewer projectexpenditures. Cash Balances by Fund $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 -$4,000,000 AAAAA A General& Grant Funds Misc Prois Powell Bill Sewer/Water Ops& Projs Stormwater Fund ARPAFund Cash and Investments $1,013,166.77, 10.6% $146,280.10, 1.5% $620.00,0.0% $8,411,737.90, 87.9% "NCCapitalMgmt) Trust - First Citizen Bank KST Trust Investments Miscother Where community begins! The benchmark for this period is 8.3% of the budget, however, revenues and Property Taxes collected by the County for the month of June 2024 totaled $73,734 compared to$65,131 for) June 2023. FY24 year to date property tax revenues received: are $5,790,164. Our total estimated taxes for 2024 are $5,563,300. These totals include expenditures will continue to be recorded for the next few weeks. taxes for Property, Motor Vehicles, and Downtown Service District. Ad Valorem Tax Revenues by Month Collected $2,000,000.00 $1,800,000.00 $1,600,000.00 $1,400,000.00 $1,200,000.00 $1,000,000.00 $800,000.00 $600,000.00 $400,000.00 $200,000.00 For SalesTaxes, our! May receipts were $297,900. Thisi is $1,573 less than thes same period last year. Our budget fors sales tax revenue for FY24 is set at $3,095,000, and so far, this year wel have recorded! $3,250,346, or 105.0%. Sales' Tax) Reports from thel Department of Revenue are provided at least two months behind actual collections. Our next sales tax deposit willl be September 15th, Sales Tax Collections by Month $400,000.00 $350,000.00 $300,000.00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 88 8 Building Permit Fees fort the month of] July were! $6,430. To date wel have collectedatotal of $6,430 or 4.0% of the budget. At the same time last year, our year-to-date revenue Thet following charts and graphsi includel Budgeted and Actual, Revenue and Expenditures for the General Fund, Water & Sewer Fund, Stormwater Fund, and the Powell Billl Fund. was $21,735. Thel budget for the 2025 budget year is $160,000. 5 8 6 a 33 N 8 9 16 4# A 00 8 8 8 8 3 * e 8 N & 8 16 44 N 00 8 8 de 8 00 0 e & a 00 00 S - > a @ I o a) E 4 A I 3 X a 3 U2 2 C : $ DUNN PWANINGAMOINSPECTONS JULY 2024 I Monthly Development Report Planning & Inspections Department I 102 N. Powell Ave., Dunn, NC28334 I phone 910-230-3503 I fax 910-230- 9005 www.dunn-nc.org Code Enforcement Type Minimum Housing/Water Cut 0 Onl Inspections Non-Residential Inspections Improper refuse in container Junk & Debris Violations Household/Indoor Furniture Junk Vehicles Junk Vehicles Removed by City 0 Weeded Lot Violations Overgrowth Dead/Unsafe Trees Misc. Complaints/Public Nuisance 0 Illegal Dumping Illegal Signs Plantings in right of way Large Limbs Yard Waste/Trash Can Number 0 0 3 0 0 7 0 1 0 0 0 0 3 Permits & Inspections Permits Issued Permit Fees Collected Inspections Performed Plans Reviewed Demolitions Certificate of Occupancy's Issued 4 Food Truck Permits Food Truck Renewals ABC Permits Tent Permits Special Event/Noise Permit Fire Inspections Performed Fire Permits Issued Fire Invoices Due/unpaid Fire Inspection Fees Collected $725 Development Permits 6 43 $25,064 181 143 Initial 79.0% 38 reinspections 21.0% 5 2 0 0 1 1 $25 Fire Inspections & Permits 38 including reinspection 4 $7,062.00 Planning & Zoning $350 aa/CapontPerola/Canee DUNN PLMNINGANDINSPECTONS Screened Porch- Storage Bldg/Barn.- Fences-2 New Residential Construction- 3 New Commercial Construction-1 Addition- Parking lot/driveway/steplan. Other/elec vehicle charging station- Swimming Pool- Wall- Wall w/elec Freestanding- Freestanding w/elec Highrise- Face Replace- (no fee) Yard- Temp Banner- 1 Temp- Billboard- Billboard w/elec Interstate w/elec Ground- Political- Special Event- $0 $0 $0 $0 $0 $0 $0 $0 $700 $30 $30 $0 $0 Sign Permits 1 $20 Pats/Recombination Approved Minor Subdivision Major Subdivision Annexation Easement Zoning Violations/citations- Zoning Verifications- Rezoning/variance- Conditional/Special Use- Business Registration New-1 Renewals-0 Home Occupation- 0 Code Enforcement Map. July 1 stt to July31s,2 2024 up on, or are at al later stage in enforcement. ** **Please note, that these are all NEW code enforcement items. This does not include items that were followed Building Permits JULY2024 Address 20040 US301N 24 Pillar Truth Rd 1231 NV Wilson Ave 401 NI Fayetteville Ave 2001 W Cumberland 506 NI Mckay Ave 568. Jackson Blvd 272 Bruce Dr 807 EHarnett St 251 Mcneil Cir 288 Bruce Drive 1602 Lakeshore Dr 903 SElm Ave 405 ECole St 141 Courtside Dr 211 NWilson 1000 NI McKay Ave 101 Queensbury Ct 301 W Godwin St 141 Courtside Dr 501 Long Branch Rd 105 Basin St 205 Village Square Dr 211 Burke St 108 Queensbury Ct 812EE Best St 1007 NN Mckay Ave 905 WF Pope St 1001 N Orange Ave 211 Burke St 101 Anne St 205) Watauga Ave 1112 Merry St 205 Watauga Ave 1031 Violet Rd 1031 Violet Rd 1112 Merry St 991 Red Robin Dr 108 Queensbury Ct 205 Village Square Dr Permit Type Comm Build Permit Comm Elec permit Comm Elec Permit Comm Elec permit Comm Elec permit Comm Elec Permit Comm Mech Permit Res Build & Dev Permits Res Build & Dev Permits Res Build & Dev Permits Res Build & Dev Permits Res Build permit Res Build permit Res Build permit Res Build permit Res Demo Permit Res Demo Permit Res Dev Permit Res Dev Permit Res Dev Permit Res Elec Permit Res Elec Permit Res Elec Permit Res Elec Permit Res Elec Permit Res Elec Permit Res Elec Permit Res Elec Permit Res Elec Permit Res Elec Permit Res Elec Permit Res Elec Permit Res Elec Permit Res Mech Permit Res Mech Permit Res Mech Permit Res Mech Permit Res Mech Permit Res Mech Permit Res Mech permit Code Enforcement Actions JULY2024 Address Number Id 18879328 407 18879321 510 18879309 511 18879304 507 18879299 500 18879292 407 18879281 211 18879263 1118 18879235 901 18879222 104 18871831 406 18871804 307 18860286 102 18830070 703 18811730 407 18871573 707 18871538 122 18822493 104 18866722 310 18816945 808 18816925 308 18816906 1004 Street Name East Pearsall Street South Elm Avenue South Magnolia Avenue South Magnolia Avenue SMagnolia Ave South Washington Avenue High Grass South Magnolia Avenue South Clinton Avenue NV Wilson Ave East Vance Street West Edgerton Street Westfield Drive Cascade Circle Queens Avenue North Elm Avenue Carolina Drive Jupiter Dr Sue Avenue North Magnolia Avenue NO Orange Ave West Granville Street Work Type High Grass High Grass High Grass High Grass High Grass High Grass High Grass High Grass High Grass High Grass High Grass High Grass High Grass High Grass Junk/Debris Junk/Debris Junk/Debris Unsafe Trees Date Flagged 731/202493810AM 7/31/20249 9:33:56AM 7/31/20249 9:32:39 AM 7/31/2024 9:32:11 AM 7/31/2024 9:30:38 AM 7/31/2024 9:29:09 AM 7/31/20249:26:43. AM 7/31/20249:22:53. AM 7/31/20249:14:51, AM 7/31/20249 9:10:43 AM 7/29/20241 11:32:47 AM 7/29/20241 11:24:13 AM 7/24/20241 11:17:37/ AM 7/12/2024: 1:16:43 PM 7/5/2024 10:34:10 AM 7/29/2024 10:34:39 AM 7/29/2024: 10:12:22 AM 7/10/2024 8:57:00 AM 7/26/2024 11:32:43 AM Yard Waste) Violation 7/8/2024: 2:50:51 PM Yard Waste Violation 7/8/2024: 2:41:49PM North Fayetteville Avenue Yard Waste Violation 7/8/2024: 2:35:43 PM CO B Vau Auois 00 9 3 5 e 5o E e - o 4 L 5 e - 8 o : e - 7 a 4 ? E A 0 0 o E - 0o C 5 PUBLIC WORKS DEPARIMENTJULY 2024 MONTHLY REPORT 101ECLEVELANDSI, DUNN NC 28334 PHONE 910-892-2948 FAX910-892-8871 www.dunn-nc.org STREET DEPARTMENT TYPE NUMBER BRUSH-LIMB PICKUP BULK CAN DELIVERY-PICKUP CATCH BASIN CLEANING CATCH BASIN LID CITIZEN COMPLAINT CULVERT MAINTENANCE CUT DITCH MAINTENANCE DRAINAGE ISSUE EROSION FLOODING LEAVES-GRASS MISSED PICKUP OTHER POTHOLES REMOVE RECYCLING CAN RIGHT OF WAY MAINTENANCE ROAD MAINTENANCE ROADWAY ROOTS SAFETY CONCERN SIDEWALK REPAIR SIGN INSTALL SIGN MAINTENANCE SINK HOLE SPRAYING STREETLIGHT OUT TRASH REMOVAL WEED EATING 227 141 1 119 2 2 16 7 7 5 1 - 5 1 3 1 33 2 1 1 6 1 1 3 2 2 3 1 3 2 TOTAL WORK ORDERS 599 PUBLIC WORKS DEPARTMENTJULY 2024 MONTHLY REPORT 101ECIEVELANDST, DUNN NC 28334 PHONE 910-892-2948 FAX910-892-8871 www.dunn-nc.org TONNAGE REPORT TYPE NUMBER SOLID WASTE IN TONS YARD WASTE IN TONS RECYCLING WASTE IN TONS GRAND TOTAL TONS 257.42 56.75 35.87 350.04 *Data from Republic Services Report PUBLIC WORKS DEPARTMENTJULY 2024 MONTHLY REPORT 101ECIEVELANDST, DUNN NC 28334 PHONE 910-892-2948 FAX910-892-8871 www.dunn-nc.org CEMETERY DEPARTMENT TYPE NUMBER FILL GRAVE GRASS MOWING & WEED EATING OPEN & CLOSE POISON SPRAYING 64 69 8 6 147 CITYOF DUNN PUBLIC UTILITIES Public Utilities Dept I August 2024 I Monthly Report 101 E. Cleveland St., Dunn, NC: 28334 I phone 910-892-2948 I fax 910-892-8871 I www.dunn-nc.org Water/Sewer Department On Call Leak Repair Water Tap New Sewer Tap Sewer Tapl Renewals Water Construction Sewer Stoppage Sewer Construction Manhole Inspection Outfall Maintenance Hydrant Repair Utility Locates Water Meter Repalr/Investigations Retire Water and Sewer Services Valve Maintenance Taste and Odor Complaint Water Quality Flushing Low Pressure Complaint Other-V Water Other-s Sewer 19 2 5 5 17 25 12 781 1 1 1 2 3 NC Public Utilities Dept-WTP June 2024 Monthly Report 101 E. Cleveland St., Dunn, NC28334 I phone 910-892-2948 I fax 910-892-8871 www.dunn-nc.org A.B. Uzzle WaterTreatment Facility Total Million Gallons Pumped Average Million Gallons Per Day 2.94513 Total Million Gallons Bulk Sales 91.299 Pumped 50.5934 Water Plant Averages and Total Million Gallons Pumped 2023-2024 120 100 80 60 40 20 4 .049 97246 96.479 97.627 101 99 50 83.457 02 356 77532 42 2.67 2.69 2.8434 2.753 2.945 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun ED Daily Average Pumped Total Million Gallons Bulk Sales Total Million Gallons Pumped 2023-2024 *Data from A.B. Uzzle Water Treatment Plant records, and Finance Department billing. NC Lead And Copper Rule Revisions: Lead. Service Line Inventory KCIA Associates of North Carolina - Update as of June 30, 2024 KCI performed, property research and research for background information on the KCI developed the disadvantaged" 'areas in the City's service area to be used for KCIg geocoded "sensitive" properties to be used for prioritization of field investigations; - KCI led a virtual meeting with the City of Dunn to discuss GIS issues and direction for the KCI drafted a postcard to be sent by the City to property owners describing the LCRR KCI compiled GIS dataj from the City into a GIS tool to be utilized by the project team; - KCI performed spatial analysis and export of data from GIS to inventory spreadsheet. service line inventory spreadsheet; prioritization off field investigations; project; program; and Raw Pump Station Generator Repair: On. June 4, 2024, the Raw Pump Station Generator started showing possible engine failure when in operation. Staff contacted Gregory Poole to sample the engine oil, coolant, andj fuel to narrow down the possible issues. The lab results indicated that the engine oil and coolant were both contaminated due to a Head Gasket and Oil Cooler failure. Gregory Poole disassembled the engine and replaced the head gasket, oil cooler, and resurfaced the head. The generator has been reassembled and put back in service. The generator is being tested twice a week until the final set of fluid samples are analyzed. NC Side view of the engine. The head and gasket have been removed. Top view of the engine block looking down on the pistons. Removed head that contains the exhaust andi intake valves and fuel injector nozzles. - a Public Utilities Dept |July2024 Monthly Report 101 E. Cleveland: St., Dunn, NC: 28334 I phone 910-892-2948 I fax 910-892-8871 V www.dunn-nc.org Black River Wastewater Treatment Facility July Total Million Gallons Treated Average Million Gallons Per Day 3.719 115.316 Treated Rainfall in Inches 17.35 *Data from NC DEQ DMR documents and Black River Wastewater Treatment Plant records Rain Fall 3.5 2.5 1.5 0.5 1234567:901R16171170123.331 July AVERAGE DAILY FLOW 1 1011121314151516171819201122237425262728293031 JULY Total Million Gallons Treated 140 S 120 a 100 80 60 40 20 0 115.316 91.157 67.701 68.003 55.309 56.764 45.667 Jan. Feb. March April May June 1July Aug. Sept. Oct. Nov. Dec. Monthly Recreation Report 2024 ITY OF DUNN NC PARKS AND RECREATION July Monthly Narrative Report All-Stars Dunn hosted the DYB AA(8u) State Tournament June 29th through July 3rd at the Clarence Lee Tart Memorial Park. There were 24 teams competing for the division 1 and division 21 title to represent Noth Carolina in the World Series including Dunn All-Stars. Overall, the tournament was successful and ended on time despite battling inclement weather. We receive a lot of feedback from parkgoers, mostly positive but some negative. All feedback received will better prepare us from the World Series coming upi in 2025. West Robinson woni the division 11 bracket and Shallotte won the division 2 bracket to represent North Carolina in the World Series. Dunn AAA(10U)! League participated in the DYB AAALeague state tournament in] Lockwood Folly, NC July 11h- 12th. They lost their first game to South Brunswick 7-4, then proceeded to win the next two games before their final loss tol North Duplin 9-7 ending their season. Fall Registration Fall sports registration began on Friday, July 1St. This will include football for ages 5-13, outdoor soccer for ages 3-13, volleyball for ages 8-15, and cheer for ages 6-13. Registration will end on August 7h. Practices willl begin shortly after registration ends. Adult Co-Ed Volleyball registration began on July 11th and will end on July 315t. Summer Camps Summer camp ended the week of July 25h, with boys' basketball camp. It has been a busy and successful summer. We hope to continue to offer programs that spark the interest of our youth and their parents while continuing toi improve the quality of our services in our department. Pickleball clinic registration opened on July 12th for weekly sessions at Tyler Park tennis courts. Sessions will take place at 6:00 pm and 7:00 pm on Tuesdays and Thursdays starting July 30 through August 22nd. The clinic is free to anyone who would love to learn the skills of pickleball. Equipment will be provided, or you can bring your own. Scott McLamb and Jeremy Harellson Pickleball Clinic will be instructing the clinic. Monthly Recreation Report 2024 Cemeteries Due to excessive rain, the cemetery staff has been hard at work maintaining all city cemeteries. Staffh have filled at total of 64 graves that has suffered from rain damage. Recreation Advisory Board The last meeting was held on Tuesday, April 16th, at 6:00 p. m. at the Dunn Community Center. The next meeting is on. August 20th and will be held at 6:00 p. m. in the Dunn Community Center. CITY OF DUNN NC PARKS AND RECREATION Social Media Activity July 2024 Good news Dunn! Beat the heat at Codrington Park Pool tomorrow 10am - 5 pm. Admission $3 adults (18+) and $2 children (17 and under). Address 410 Burke Street Dunn, NC 28334***Pool hours are Tuesday Friday 10-5 and Saturday 11-4. Any changes based on weather or lifeguard availability will be announced on our page.*** Post Reach 53k Engagement 9,664 '001 DIIRe Page Overview Last 28 days Post Reach 67.8K Content Interactions 2.2K Page Followers 4.7K CITY OF - DUNN POLICE DEPARTMENT (910)8 892-2399. CityofDunn.org ChiefofPolice Cary. Jackson 18877 401EBroad St.PO Box 1065. Dunn, North Carolina 28335 July 2024 Monthly Crime Stats (07/01/2024 to 07/31/2024) Crime Homicide Rape Robbery Aggravated Assault Burglary Forcible Entry Burglary Non-Forced Entry Larceny from Motor Vehicle Larceny all- other Simple Assaults Criminal 21 Number 0 1 0 3 2 4 3 16 5 Investigations $11,000 Division Arrests 3 Assigned Cases 26 Cases Closed Recovered Property Search Warrants Executed 8 Dunn Police Arrest & Citation Stats Month July Overdose Stats Month July Felony 25 Misdemeanor 80 Citations 456 Fatal 0 Non-Fatal 3 Total 3 DPD Narcan Use 0 Flock Safety Recovered Property 1R Registration Plate 2Vehicles Utilizations Leads Established 2 Total Plate Hot List Hits Reads: 1.4 million Agencies Assisted 299 3 Where community begins! YYUFL.. POLICE Dunn Police Department Community Enhancement Team Monthly Report Month: July 2024 Arrest Charges: Felony: 20 Misdemeanor: 51 Juvenile: 0 Citations/Written Warnings Issued: 87 Drugs seized: Marijuana Methamphetamine Fentanyl Percocet Xanax 27.8 17 2 6.5 1.5 $278.00 $3400.00 $400.00 $65.00 $15.00 Drug Seizure Street Value - $4,158.00 Guns Seized - 5-V Value $2750.00 ABC Violations: 13 Community Housing Security Checks: 53 Community Events conducted: Stuff the Cruiser On7 7/31/2024, Officers from the CET Unit assisted with the first annual "Stuff the Cruiser" event where we raised a large amount of school supplies for our local schools in preparation for the 2024-2025 School Year. Walmart N POUCEDEPARTWENT STUFEpa 401 East Broad Street e Dunn, NC: 28334.910-892-2399 CYVOFVR POLICE Additional information: K9 Apacs was utilized in real-life & training scenarios 32 times this month. In total, operations he was involved in resulted in the seizure of over $11,955.00 worth of Narcotics to include the seizure of 5 guns one of which was stolen. K9 Apacs was also deployed on two search warrants. 401 East Broad Street e Dunn, NC 28334 . 910-892-2399 LIUFL. POLICE Dunn Police Department Community Enhancement Team Monthly Report Month: July-August Community Events: Miracle League Baseball: Dunn PD Officers and Staff partnered with the Miracle League Network for a friendly baseball game to support our community that consists of varying levels of ability. Coffee with a Cop- Dunn PD Officers and Staff partnered with Inspirational Grounds Coffee for an interactive way to reach out to the public to encourage conversation over a cup of coffee. This is an ongoing partnership that is hosted by different businesses in Dunn each month. This event is great for all ages as the adults ask questions and share any needs; meanwhile, the children love visiting with the Officers, getting stickers, and seeing their patrol cars. 401 East Broad Street . Dunn, NC: 28334 e 910-892-2399 LICV POLICE Dunn Police Department Community Enhancement Team Monthly Report (con't) Community Events: National Night Out- Originally scheduled for 8/13/2024, event was postponed until 09/03/2024 due to Tropical Storm Debbie. This event will host numerous community partners and provide families with back-to-school items, a meal, and resources in our area. This year's event will be hosted at Dunn Parks & Rec's Tart Park. McKay Courts BBQ Party- Dunn PD's Housing Officer (Ofc. Dixon) and Street Crimes Officer (Ofc. Fernandez) who lives in this area, are hosting an event for this community this Friday (8/15/24). Officers are grilling out hot dogs and serving other items at this location as part of our community enhancement program. Other: Dunn PD is currently sponsoring several Cadets who are beginning their BLET programs at local community colleges. These colleges include but are not limited to: Johnston Community College, Fayetteville Tech Community College, Wake Technical Community College, Central Community College, and Sampson Community College. Dunn PD offered two different college student internships over the summer to assist with college intern credit hours. These internships last several months. 401 East Broad Street e Dunn, NC 28334.910-892-2399 Ammouncements Dunn City Councils Meeting August 27, 2024 City offices will be closed on Monday, September 2nd in observance of Labor Day. The Dunn Police Department will host the National Night Out Celebration on Tuesday, September 3rd from 6:00 to 8:00 p.m. at Tart Park. Absentee Voting begins September 8th and the deadline to Register to Vote is September 10th at 5:00 p.m. The next Work Session of the Dunn City Council is scheduled for Tuesday, September 10th at 6:30 p.m. The next Regular Session of the Dunn City Council is scheduled for Tuesday, September 24th at 6:30 p.m. NC INFORMATION ABC Board Budget nformation/Minutes Dunn Housing Authority Board/Minutes CITY OF DUNN ABC BOARD Minutes of Meeting, June 18, 2024 The Dunn ABC Board met on June 18, 2024. Present were Cindy Smith, Lynn Jernigan, Marc Phillips, Rob Jones, Manager Charles Willis who served as Secretary to the Board, and Finance Officer Rosanna Wilson. Board Chairman Dal Snipes was not present at the meeting. Mr. Phillips led the meeting at the request ofMr. Snipes. Mr. Jones offered a Mr. Willis requested consent to add an item to the agenda not previously listed. All The Board members reviewed the agenda, and pursuant to GS 18B-201, the Board affirmed there is no conflict ofinterest with matters coming before the Board today. Mr. Willis read a letter to the Board prepared by Chairman Snipes due tol his necessary Mr. Willis presented the minutes oft the May 28, 2024 meeting that were approved by the Board. The Board members were given copies of May 2024 Financial Statements. The Board reviewed the statements noting that sales in May 2024 were $65,955.81 above last year. Year to date sales are $163,958.90 above last year. Mixed Beverage sales are Mr. Willis sent May sales forl NC. ABC Boards to Board members on June 12, 2024. Mr. Phillips gave a recap ofar meeting with ArchitecvEngineer Joe Smith on May 28 to discuss an addition of approximately 400 square feet to the warehouse space at Store #2 on W. Cumberland Street. Mr. Smith is toj proceed with developing plans for the project. Mr. Phillips opened a Public Hearing at 8:25am for discussion of the Proposed Budget for FY 2024-2025. With no comments, the Public Hearing was closed. Mr. Willis presented the Board with changes to the Proposed Budget and Budget Message for FY 2024-2025. After review and discussion, Mr. Jones motioned to approve the budget proposal and message, seconded by Mrs. Smith. The Board approved with all in favor. The Board members were given copies of the Proposed Budget Amendments and Amended Budget Ordinance for FY 2023-2024. Following review and discussion, Mr. Jones motioned to approve the Proposed Budget Amendments and Amended Budget Ordinance, seconded by Mr. Jernigan. The Board adopted the proposals with all in favor. prayer, and the meeting was called to order. members agreed to the addition. absence from his final meeting. (Copy attached) $27,481.51 above last year. (Copies attached) (Copies attached) CITY OF DUNN ABC BOARD The Board members discussed the Policies and Procedures Manual and agreed to table discussions until the July meeting. The City Council will be appointing a new Board Mr. Willis reminded the Board that Pat Preslar of the NCABC Commission would be conducting al RASP training session in Dunn on Thursday June 27th, 2024, and Board The Board agreed to postpone the. July meeting from the third Tuesday (16") to the fourth Tuesday (231d) due to scheduling conflicts with multiple Board members. Mr. Willis will post the change at both store locations and advise Dunn City Clerk Tammy Williams of With no other business, Rob. Jones moved to adjourn seconded by Lynn Jernigan. The next Board meeting will be held Tuesday July 23, 2024, at Dunn ABC Store #1, Chair and new Board member at their meeting June 25, 2024. members are encouraged to attend. the necessary change. located at 555 Jackson Road, Dunn, NC at 8:00am. Charles P. Willis Chpellh dunnabc@outlook.com From: Sent: To: Cc: Subject: Dal Snipes dalsmpeinurancecom, Tuesday, June 18, 20246:41AM Charles Willis Steven Neuschafer; Wilamelmorebuilders@gmail.com RE: Agenda /J June 18th 2024 - Minutes /N May 28th Charles, I'm very sorry that I can't attend my final meeting but I'm still in Harrisburg, PA attending our Keystone board of directors meeting. Ithas been an honor and a privilege to have served on the Dunn ABC board all these years and especially an honor to serve as your Chairman. What we have accomplished over the years has been a testament to our loyal board members, our great and hard working employees, and to you Charles for your dedication and leadership to take us to the next level. We are in a great place. Our product mix is terrific with new products and brands constantly being added. Our shelves are full and our stores are merchandized perfect. We have invested in store updates and point of sales improvements for our customers. Our warehouses are full with inventory and we have very healthy bank balances. Ina addition what we do for our community, our law enforcement, our school alcohol education programs are SO essential and I'm proud of what we "put" back. In closing, I thank the City of Dunn for placing me on the ABC board and allowing me to serve this great City. All the best going forward. Regards, Dal CITY OF DUNN ALCOHOLIC BEVERAGE CONTROL BOARD Adopted Budget for fiscal year 2024-2025 June 18, 2024 RE: BUDGET MESSAGE To the Dunn ABC Board The. Annual Budget for the fiscal year July 1, 2024 through June 30, 2025 (FY24/25) has been prepared in accordance tol N. C. General Statute 18B-702, "Financial Operations of Local Boards". The ABC Board determines, through adoption of an annual budget, the level of customer services that the ABC system will provide and the resources available Thej primary drivers during the preparation oft this budget included projected operating costs required to: sustain acceptable levels of customer service during fiscal year 2024/2025 and the need to provide distributions to beneficiaries. The budget consists of projected revenues from liquor sales of $4.31 million, taxes related to income of $999 thousand, cost ofs sales of $2.2 million, and operating expense for operations and capital projects. costs of$751 thousand. Highlights of Budget: Retail sales are projected to increase over. FY 2023/2024. Building and property renovations are planned for FY 2024/2025 The assumption that no debt will be incurred. Employee wages will be evaluated for increases and/or adjustments. Profit Distribution to the City of Dunn is projected tol be $200 thousand. The ABC Board has four (4) full-time employees and four (8) part-time employees. Charles P. Willis Clapuilh Manager: Dunn ABC Board APPROVED BUDGET ORDINANCE DUNN ABC BOARD Fiscal Year 2024-2025 Thet following ordinance establishing revenues and setting expense appropriations is hereby proposed to be effective. July 1, 2024, through. June 30, 2025. Section 1. Estimated Revenues. It is estimated that the revenues listed below will be available during the fiscal year beginning July 1, 2024 and ending June 30, 2025 to meet the operational and functional appropriations as set forth in Section 2, in accordance with the chart of accounts prescribed by the: state ABC Commission. Estimated Revenues: Sales Other Income Total $4,308,000 $7,150 $0 $4,315,150 Section. 2. Appropriations. The following expenses are hereby appropriated for fiscal year 2024-2025 and are funded byt ther revenues made available through Section 1, herein. Appropriations: Taxes Based on Revenue Cost of Goods Sold Operating Expenses Salaries & Wages Payroll taxes Retirement & 401k Insurance- General & Group Board Member Per Diem Repairs & Maintenance Utilities Store/Office! Supplies Travel /Vehicle Professional Fees & Dues Credit Card & Bank Fees Cash Over/Short Security Unemployment Insurance Contingencies Total Capital Outlay: Building Computer Debt Proceeds $999,250 $2,201,000 Total $415,000 $29,500 $40,500 $55,000 $9,000 $35,000 $27,000 $20,000 $12,000 $23,150 $53,000 $0 $7,500 $200 $25,000 $751,850 Total $125,000 $5,000 $0 $130,000 Store(s) Admin. Warehouse Law Enf. Store(s) Admin. $0 Warehouse Law Enf. $ Debt Service/Lease: (define) $ $ $ $0 $ $ $0 $ $ $0 $0 $0 $0 Total Estimated Expenses Distributions: Mandatory 31/2% & Bottle Tax Law Enforcement Alcohol Education & Rehab. Other County/Municipal Other Distributions Total Distributions Working Capital Retained (Appropriated Fund Balance) Total Expense, Distribution & Reserve $0 $4,082,100 $200,000 $15,000 $18,050 $233,050 $0 $0 $4,315,150 Section. 3. Copies oft this Approved Budget Ordinance shall bej furnished to the City of Dunn, thes state ABC Commission, and to the Budget Officer and Finance Officer to bel kept on file by them fort their direction in disbursement offunds. ADOPTED, by the Dunn ABC Board this 18th day of June, 2024. APPROVED BUDGET AMENDMENTS DUNN ABC BOARD FISCAL YEAR 2023-2024 The following amendments are proposed to be made to the annual budget ordinance for the fiscal year ending June 30, 2024. Section 1. To amend Sales, Cost of goods Sold, Taxes based on Revenue, Salaries and Wages, Payroll Taxes, Retirement and 401-K, Board Member Per Diem, and Professional Fees To amend Travel and Vehicle, Unemployment Insurance, Repairs and Maintenance, Utilities, Store & Office Supplies, Credit Card & Bank Charges, Security, Contingencies, and Capital Outlay to reflect decreases in these accounts, the appropriations are to be made as follows: and Dues to reflect increases in these accounts, AND, ACCOUNT Sales DEBIT CREDIT 25,300 Taxes based on Revenue Cost of Goods Sold Salaries and Wages Payroll Taxes 16,755 93,500 76,000 5,750 7,140 330 Insurance = Group & General Retirement & 401-K Board Per Diem Travel and Vehicle Unemployment Insurance Repairs and Maintenance 1,630 6,500 130 86,200 1,335 Utilities APPROVED BUDGET AMENDMENTS DUNN ABC BOARD FY-2023-2024 (Continued) ACCOUNT DEBIT 4,097 CREDIT Professional Fees and Dues Store & Office Supplies Credit Card & Bank Charges 365 3,450 14,900 25,000 38,762 Security Contingencies Capital Outlay 203,572 203,572 Section 2. Copies of this budget amendment shall be furnished to the City of Dunn and the ABC Commission. ADOPTED this 18th day of June, 2024. AMENDED BUDGET ORDINANCE DUNN ABC BOARD Fiscal Year 2023-2024 The following ordinance establishing revenues and setting expense appropriations is hereby proposed to be effective. July 1, 2023, through. June 30, 2024. Section 1. Estimated Revenues. It is estimated that the revenues listed below will be available during the fiscal year beginning July 1, 2023 and ending June 30, 2024 to meet the operational and functional appropriations as set forth in Section 2, in accordance with the chart of accounts prescribed by the state ABC Commission. Estimated Revenues: Sales Other Income Total $4,305,000 $7,050 $0 $4,312,050 Section 2. Appropriations. The following expenses are hereby appropriated for fiscal year 2023- -2024 and are funded by the revenues made available through Section 1, herein. Appropriations: Taxes Based on Revenue Cost of Goods Sold Operating Expenses Salaries & Wages Payroll taxes Retirement & 401k Insurance General & Group Board Member Per Diem Repairs & Maintenance Utilities Store/Office Supplies Travel/Vehicle Professional Fees & Dues Credit Card & Bank Fees Cash Over/Short Security Unemployment Insurance Contingencies Total $981,455 $2,331,500 Total $376,000 $28,950 $39,950 $52,450 $5,370 $36,550 $27,560 $23,335 $7,600 $21,422 $52,900 -$162 $7,600 $120 $0 $679,645 Store(s) Admin. Warehouse Law Enf. Store(s) Admin. Warehouse Law Enf. Total $74,250 $12,150 $0 $86,400 Capital Outlay: Building Computer Debt Proceeds $0 9 $ $ Debt Service/Lease: (define) $ $ $ $0 $ $ $0 $0 $0 $0 $ $0 Total Estimated Expenses Distributions: Mandatory 31 1/2% & Bottle Tax Law Enforcement Alcohol Education & Rehab. Other County/Municipal Other Distributions Total Distributions Working Capital Retained (Appropriated Fund Balance) Total Expense, Distribution & Reserve $0 $4,079,000 $200,000 $15,000 $18,050 $233,050 $0 $0 $4,312,050 Section. 3. Copies of this Approved Budget Ordinance shall bej furnished to the City of Dunn, the state ABC Commission, and to the Budget Officer and Finance Officer to be kept on file by them for their direction in disbursemer offunds. APPROVED by the Dunn ABC Board this 18th day of June, 2024. 1:22PM 06/10/24 Accrual Basis DUNN ABC Board Profit & Loss May 2024 May 24 146,861.22 232,196.03 22,824.45 45.43 -77,795.00 -962.99 -1,607.00 -160.67 321,401.47 216,879.44 -3,781.39 213,098.05 108,303.42 1,000.00 2,151.27 17,326.00 10,795.40 2,205.61 3,291.08 851.59 -11.36 -4.13 0.00 1,745.55 2,068.77 1,574.50 208.00 1,960.00 359.83 1,235.90 337.04 222.05 1,465.34 453.65 602.34 2,071.66 1,323.19 2,472.00 100.00 80.00 80.00 80.00 80.00 200.00 715.31 57,040.59 51,262.83 Income 40100. LIQUOR SALES -S STORE #1 40200. L LIQUOR: SALES STORE #2 40300. LIQUOR SALES- MIXB BEVERAGE #1 41000. - INTEREST EARNED: #1 53101 N.C. EXCISE TAX#1 53201 - REHABILITATION TAX#1 53401 * MIXED BEVERAGE TAX#1 53501 MIXED B.1 TAXI DEPT HUMAN RES. #1 Totall Income Cost of Goods Sold 50000. Cost of Goods Sold 61200 INVENTORY. ADJUSTMENT #1 Total COGS Gross Profit Expense 60300 TRUCK DELIVERY COST 66000 Payroll Expenses 70101 SALARIES- DUNN #1 70102- SALARIES- DUNN #2 70301 N.C. RETIREMENT FUND# #1 70401 GROUP INSURANCE #1 70501 401K FUND: #1 70801 CASH VARIANCES #1 70802 CASH VARIANCES #2 70804. CC VARIANCES #2 70901 CREDIT CARD CHARGES #1 70902 CREDIT CARD CHARGES #2 71101 DEPRECIATION#1 71201 REPAIRS & MAINT. #1 71202 REPAIRS &I MAINT. #2 71401 UTILITIES #1 71402- UTILITIES #2 71501 TELEPHONE #1 71502. . TELEPHONE #2 72000 INSURANCE 72201 STORE SUPPLIES #1 72202 STORE SUPPLIES #2 72400- TRAVEL EXPENSES Willis 73001 OFFICE SUPPLIES: #1 74201 DUES & SUBSCRIPTIONS #1 74400- E BOARD EXPENSES. - SNIPES 74401 BOARDI EXPENSES- PHILLIPS 74402. BOARDI EXPENSES JERNIGAN 74403 BOARDI EXPENSES SMITH 74405 BOARD EXPENSES.JONES 75507. ALC. ED. DUNN AA GROUP 78101 BANK CHARGES #1 Total Expense Net Income Page 1 1:23PM 06/10/24 Accrual Basis DUNN ABC Board Trial Balance As of May 31, 2024 May 31,24 Debit 516,405.45 0.00 0.00 731.02 6,800.00 2,523.30 667,402.14 0.00 0.00 191,571.78 106,159.25 424,565.27 108,116.01 40,879.90 14,043.56 11,963.65 98,211.00 4.15 19.90 0.00 0.00 230.88 Credit 10100 - Checking Acct First Citizens 14500 A/R OTHER 12000 * Undeposited Funds 10801 PETTY CASH#1 11001 Change Fund #1 13001 PREPAID INSURANCE #1 14100. INVENTORY #1 14200 INVENTORY #2 14700. ALL BREAKAGE 15001 LAND 15100- LANDI IMPROVEMENTS 16000 BUILDINGS 17001 S STORE EQUIPMENT#1 17002. STORE EQUIPMENT: #2 17101 OFICE EQUIPMENT #1 17501 VEHICLES: #1 19001 ACCUM. DEPRECIATION #1 19500 Deferred Outflows 20100. AP-DISTILLERIES 20300 A/P- -OTHER 20101 A/P. DISTILLERIES (TEMP) 20301 A/P- -OTHER (TEMP) 21000. A/P- INSURANCE WITHHELD 21301 Aflac supplmental Pre Tax 21401 Aflac Supplemental-Post: Tax 22000 A/P. FEDERAL TAX WITHHELD 22100 - A/P-FICA TAX WITHHELD 22200 A/P- NC INCOME TAXI WITHHELD 22300. A/P-401K. EMPLER 22400. A/P- 401K- EMPLEE 22600 A/P- RETIREMENT- - EMPLR 22700 A/P- RETIREMENT- EMPLEE 22900 - MixBev Tax Payable HR 23000- Excise Tax Payable 23100 Mix Bev Tax-Rev Payable 23300 SALES TAXI PAYABLE 23500 Retirement Payable 24000 Payroll Liabilities 26000 Net Pension Liability/Asset 25000 Deferred Inflows 31000 City of Dunn Profit Dist 32000 Retained Earnings 40100 LIQUOR SALES STORE #1 40200- LIQUOR SALES STORE #2 40300 LIQUOR SALES- MIXB BEVERAGE: #1 41000 INTEREST EARNED: #1 41500 MISC. REFUNDS #1 42000 OTHER INCOME #1 53101 N.C. EXCISE TAX#1 53201 REHABILITATION TAX: #1 53401 MIXED BEVERAGE TAX#1 53501 MIXEDI B. TAX DEPT HUMAN RES. #1 50000 Cost of Goods Sold 61200. INVENTORY. ADJUSTMENT: #1 60300 TRUCK DELIVERY COST 66000 Payroll Expenses 66900 Reconciliation Discrepancies 70101 SALARIES DUNN #1 70102 SALARIES - DUNN: #2 70301 N.C. RETIREMENT FUND#1 70401 GROUP INSURANCE #1 70501 401K FUND #1 70801 CASH VARIANCES #1 70802 - CASH VARIANCES #2 402,640.72 1,194.04 114.40 67.57 6.00 730.00 851.59 1,151.59 2,205.64 1,021.90 162.88 76,633.77 1,629.00 26,625.96 100,982.00 911.00 1,626,720.80 1,449,185.07 2,306,471.81 216,323.30 526.10 1,134.20 6,612.18 0.00 0.00 350,000.00 862,172.00 10,839.73 15,904.00 1,590.46 2,145,813.57 10,010.00 26,779.18 0.02 214,664.64 136,527.99 26,429.97 32,508.65 10,204.70 41,809.66 79.49 64.50 Page 1 1:23PM 06/10/24 Accrual Basis DUNN ABC Board Trial Balance As of May 31,2024 May 31,24 Debit 27.77 18,712.02 23,481.18 16,890.57 11,514.17 8,389.41 5,384.82 14,173.81 3,437.82 2,387.73 15,072.59 15,060.70 10,134.01 6,722.22 435,94 3,177.02 1,104.73 118.74 345.66 293.16 4,210.77 6,870.00 13,912.39 1,100.00 880.00 880.00 880.00 80.00 800.00 1,575.00 1,925.00 1,725.00 3,260.00 1,750.00 2,200.00 1,215.00 4,000.00 3,203.23 400.00 6,181.17 90.98 11,250.00 3,859.67 3,726.93 6,265,911.38 Credit 56.21 70803. CC VARIANCES #1 70804 CC VARIANCES #2 70901 C CREDIT CARD CHARGES #1 70902. CREDIT CARD CHARGES #2 71101 DEPRECIATION #1 71201 REPAIRS & MAINT.#1 71202. REPAIRS & MAINT.# #2 71401 UTILITIES #1 71402- UTILITIES #2 71501 - TELEPHONE: #1 71502- TELEPHONE #2 71601 - COMPUTER MAINT. #1 72000 *I INSURANCE 72201 STORE SUPPLIES: #1 72202 STORE SUPPLIES #2 72301 UNIFORMS #1 72400 TRAVEL EXPENSES- -Willis 72405. TRAVEL EXPENSES Wilson 72500 UNEMPLOYMENT INSURANCE 72601 * LICENSE & OTHER TAXES #1 72602. LICENSE & OTHER TAXES #2 73001 - OFFICE SUPPLIES #1 74001 PROFESSIONAL SERVICES #1 74201 DUES & SUBSCRIPTIONS #1 74400. BOARDI EXPENSES. SNIPES 74401 - BOARD EXPENSES- -PHILLIPS 74402. BOARD EXPENSES- JERNIGAN 74403 - BOARD EXPENSES- SMITH 74404 BOARD EXPENSES- JUDD 74405 BOARD EXPENSESJONES 75008. Alc. Ed. Coats-Erwin Mid School 75502. ALC. ED. TRITON HIGH SCHOOL 75503 ALC. ED. DUNNI MIDDLE SCHOOL 75504- ALC. ED. Dunn Elem Harn. Prim. 75505 Alc. Ed. Erwin Elem. School 75507 ALC. ED. DUNN AA GROUP 75510. ALC. ED. TEACHERS 75511 Alc. Ed. Sold Out Youth 75601 VEHICLE EXPENSES #1 78001 MISCELLANEOUS EXPENSE: #1 78101 BANK CHARGES #1 78102. BANK CHARGES #2 79001 LAWE ENFORCEMENTH 79301 SECURITY#1 79302.. SECURITY #2 TOTAL 6,265,911.38 Page 2 DUNN HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING MINUTES MONDAY, JULY15,2024 The Commissioners of the Dunn Housing Authority ("DHA") met in regular session at 817 Stewart Street, in Following "Words of Encouragement" by Eddie Draughon, the meeting was called to order at 4:07pm. Dunn, North Carolina, on Monday, July 15, 2024. Upon roll call, the following were present and absent: Angela Inman and Secretary, Felicia Chester. Present: Vice-Chair, Eddie Draughon, Commissioner Sharon Gant, Commissioner Lois Dail, Commissioner Absent: Board Chair, Kyle Thrower was absent to care for a family member. Public Comment Period: No Public Comments Approval of Meeting Minutes: The motion to accept the minutes from the regular June meeting was made by Eddie Draughon and seconded by Sharon Gant. Angela Inman was not present at the meeting and did not vote. Ayes and Nays were as follows: Ayes Eddie Draughon Lois Dail Sharon Gant Nays MINUTES OF THE REGULAR. JUNE 2024 BOARD MEETING WERE READ AND ACCEPTED. The motion to accept the minutes of the special meeting held on. June 27, 2024 was made by Lois Dail and seconded by Eddie Draughon. Angela Inman was not present at the meeting and did not vote. Ayes and Nays were as follows: Ayes Eddie Draughon Lois Dail Sharon Gant Nays MINUTES OF THE. SPECIAL. JUNE BOARD MEETING WERE READ AND ACCEPTED. 1 Occupancy and Rent Report through 07/15/2024: As of July 15, 2024, there were two (2) vacant units. Total dwelling rent charged as of July 1, 2024, was $52,225.00. Based on financial data reported, the total revenue collected was $53,141.00. The Board was briefed on how applicants are placed on the waiting list based on date and time as well as accepting new applicants would help fill vacancies in the future. Review of Financial Balance Report: The monthly financial report for June was unavailable for review. Felicia Chester assured the Board the report would be available for review before the next meeting. There were no other comments or questions. Business: The Board was made aware that working on the bathrooms would be the next project after the mechanical closets. Sharon Gant stated that she would recommend keeping people in their homes during that time, if possible. She believes that people are more comfortable in a place that is familiar to them. Communication: As suggestion was made for the Board to consider distributing school supplies again this year. Sharon Gant suggested getting help from the Resident Advisory Board members to spread the word to their neighbors. The Board discussed howi the children at McKay Courtsweret taking an interest in their community bypicking Last but notl least, the Board was introduced tot the newest member oft the Board of Commissioners for Dunn up paper and other debris on the grounds. Housing Authority, Angela Inman. We are looking forward to working with her. Adjournment: A motion to adjourn was made by Eddie Draughon and seconded by Lois Dail. All members were in favor and the meeting was adjourned at 4:40pm. OhuaChen Felicia Chester, KyleThrower, Board Chair HA Secretary 2 Page2of2 STERICYCLE, INC 1-866-783-7422 CITY OF DUNN Customer #: 1000447326 Invoice #:8008095084 Invoice Date: 08-18-2024 Service Date Customer Proof of Service Description Unit of Surcharges/ Subtotal SubTotal Surcharges/ Discounts TaxTotal SiteTotal PO Service Qty Measure Unit Price Discounts Price Invoice Charges $744.00 $248.50 $0.00 $992.50 $992.50 Totall Invoice Charges DUNN HOUSING AUTHORITY BOARD OF COMMISSIONERS SPECIAL MEETING THURSDAY,JUNE: 27, 2024 MINUTES The Commissioners of the Dunn Housing Authority met in special session at 817 Stewart Street, in North Carolina, on Thursday, June 27, 2024 at 3:00pm. Upon roll call, the following were present and absent: Dunn, Present: Chair, Kyle Thrower, Vice-Chair, Eddie Draughon, Commissioners Lois Dail and Sharon Gant, Secretary, Felicia Chester and Housing Manager, Marsha Bass. Absent: None Purpose: The purpose of this meeting was to get approval from the Board to implement the revised Admissions and Continued Occupancy Policyl"ACOP"). After voting to postpone the discussion for a week, the policy was made available for the Board to review. Various questions were asked and answered during the meeting. Kyle Thrower asked for a motion to approve the implementation of the revised A.C.O.P. The motion was ade by Lois Dail and seconded by Eddie Draughon. Ayes and Nays for both were as follows: Ayes Kyle Thrower Eddie Draughon Sharon Gant Lois Dail Nays MOTION CARRIED. RESOLUTION NO. 2024-04 Adjournment: Meeting adjourned at 3:40pm Kyle Thrower, Board Chair 3 Cachea Felicia Chester, Secretary 1 DUNN HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING MINUTES THURSDAY, JUNE 20, 2024 The Commissioners of the Dunn Housing Authority ("DHA") met in regular session at 817 Stewart Street, in Following "Words of Encouragement" by Eddie Draughon, the meeting was called to order at 3:05pm. Dunn, North Carolina, on Thursday, June 20, 2024. Upon roll call, the following were present and absent: Present: Board Chair, Kyle Thrower, Vice-Chair, Eddie Draughon, Commissioner Sharon Gant, Commissioner Lois Dail, Secretary, Felicia Chester, Occupancy Manager, Bass and Admin./Fiscal Specialist Jamie McKoy. Absent: None Public Comment Period: Although Tenant, Deidra Wragg, had not notified the office regarding her concern, she wanted to address the Board. She was able to voice her concerns about maintenance entering her unit. Felicia Chester responded by letting her know that maintenance would be made aware of her concerns. The motion to accept the minutes from the May meeting was made by Lois Dail and seconded by Eddie Approval of Meeting Minutes: raughon. Ayes Kyle Thrower Eddie Draughon Lois Dail Sharon Gant Ayes and Nays were as follows: Nays MINUTES OF THE MAY2024 BOARD MEETING WERE READ AND ACCEPTED. Occupancy: and Rent Report through 06/20/2024: As of June 20, 2024, there were two (2) vacant units. Total dwelling rent charged as of May 31, 2024, was $51,411.00. Based ont financial data reported, the total revenue collected was $52,872.00." There were at few questions and comments regarding the debts owed and the amounts recovered by NCI Debt Setoff. 1 A motion to accept the Occupancy and Rent Report was made by Eddie Draughon and seconded by Lois Dail. Ayes Kyle Thrower Eddie Draughon Lois Dail Sharon Gant Ayes and Nays were as follows: Nays OCCUPANCYAND RENT REPORT WAS READ AND ACCEPTED. Review of Financial Balance Report: The monthly financial report for May was available for review. The months in reserve were mentioned and the year-to-date expenditures for maintenance were also mentioned. There were no other comments A motion to accept the Financial Balance Reports was made by Eddie Draughon and seconded by Sharon Gant. Ayes Kyle Thrower Eddie Draughon Sharon Gant Lois Dail Ayes and Nays were as follows: Nays FINANCIAL BALANCE REPORTS WERE READ AND ACCEPTED. Business: New policies and policy revisions were presented to the Board for review. The Commissioners approved the Late Rent Collection Policy required to comply with HUD's 30-day notice before eviction rule (2024-05), the Record Retention Policy (2024-06) and the Petty Leave Policy (2024-07). Kyle Thrower wanted more information on how maintaining electronic files would affect the agency'srecord retention policies. He was told that the information was not readily available, but it would be given at a later date. More time was needed for reviewing the Admissions and Continued Occupancy Policya and Lease Agreement. The Board will meet in special session on June 27, 2024. 2 AI motion to accept the Late Rent Collection Policy was made by Eddie Draughon and seconded by! Lois Dail. A motion to accept the Record Retention Policy was made by Lois Dail and seconded by Sharon Gant. motion to accept the Petty Leave Policy was made by Sharon Gant and seconded by Eddie Draughon. Ayes and Nays to all were as follows: Ayes Kyle Thrower Eddie Draughon Lois Dail Sharon Gant Nays MOTION CARRIED. Resolution Nos. 2024-05, 2024-06, 2024-07 Communication: Felicia Chester informed the Board that the waiting list would re-open on July 2, 2024. The list would re- Last but not least, the Board was introduced to the new Administrative and Fiscal Specialist for Dunn open to accept applications for 2-,3-,4-, and 5-bedroom apartments. Housing Authority, Jamie McKoy. Adjournment: Ar motion to adjourn was made by Eddie Draughon and seconded by Lois Dail. All members were in favor and the meeting was adjourned at 4:35pm. CHuplan Felicia Chester, Secretary Kyle Board Chair 32 3 CLOSED SESSION CRITERIA (Specify one or more of the following permitted reasons for closed sessions) Move that we go into closed session in accordance with: Prevent the disclosure of privileged information [N.C.G.S. 143-318.17(a)) Under the North Carolina General Statutes or regulations. Under the regulations or laws of the United States. [N.C.G.S. 143-318.17(a)2) [N.C.G.S. 143-318.11(a)(3)1 Consult with the Attorney Prevent the premature disclosure of an honorary award or scholarship To protect the attorney-client privilege. administrative procedure, or judicial action. 1 1 To consider and give instructions concerning a potential or actual claim, To consider and give instructions concerning a judicial action titled VS [N.C.G.S. 143-318.11(a)(4)1 area served by this body. [N.C.G.S. 143-318.11(a)5)) To discuss matters relating to the location or expansion of business in the To establish or instruct the staff or agent concerning the negotiation of the price and terms of a contract concerning the acquisition of real property To establish or instruct the staff or agent concerning the negotiations of the amount of compensation or other terms of an employment contract. To consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or To hear or investigate a complaint, charge, or grievance by or against a located at (OR) [N.C.G.S. 143-318.11(a)6)1 employee. (OR) public officer or employee. [N.C.G.S. 143-318.11(a)071 criminal conduct. To plan, conduct, or hear reports concerning investigations of alleged School violence 143-318.11(a)(8) and potential terrorist activity (9). To discuss and take action regarding plans to protect public safety.