Kinston City Council  AGENDA  TUESDAY, JULY 16, 2024  Work Session at 5:30 pm  Regular Meeting at7:00 pm  Mayor Don Hardy  Mayor Pro Tem Antonio Hardy  Councilmembers Barbara Seaforth Felicia Solomon Chris J. Suggs Robert Swinson    Agenda Kinston City Council City Hall - 207 East King Street Tuesday, July 16, 2024  Work Session at 5:30 pm - Regular Meeting at 7:00 pm This meeting willl bel held in person and published electronically at tps/A.faceihook.co/Kintonciviial. Available for viewing on the local government channels 2 and 102  Call to Order Adoption oft the Agenda  Mayor Don Hardy  faCoumcilmember wishes to revise the agenda, the motion to add or delete an item will be  entertained before the Adoption of the Agenda.  Motion/Second  ITEMS FOR DISCUSSION  1.1 Information Only - Adkin Branch Flood Mitigation Preliminary Engineering Report--- 2. Consider Adoption ofal Resolution to accept $1,000,0001 in] Loan Funding from the N.C. Dept 3. Consider Adoption of a Resolution to Comply with the requirements of the revised CDBG-I 4. Consider Approval ofal Professional Services Agreement with WithersRavenel to perform Engineering work associated with a water line extension to the C-130 Project at thel NCGTP, 5. Consider Award oft the 2024 Road Improvement Project to Barnhill Contracting Company in 6. Consider Award of the Emma Webb Playground Project to Churchich Recreation int the 7. Consider. Award of the Emma Webb Splashpad Project to Churchich Recreation in the  Steve Miller -Steve Miller -Steve Miller  ofEnvironmental Quality for thel Lead Service Linel Inventory Project--  Program Procurement Policy--  at a cost of$309,000-- the amount of$712,755-- amount of$ $103,076.73-- amount of $287,104.13--  -Steve Miller -Steve Miller -Scott Alston -Scott Alston -Elizabeth Blount --Donna Goodson  8. Information Only - Update on Social District - Points of Emphasis----  9. Consider Adoption of Ordinance to Close Hurricane Matthew FEMA-4285-DR-NC Disaster  Recovery Special Revenue Fund (C2902)--    Kinston City Council Agenda  Tuesday, July 16, 2024  10. Consider Adoption of Ordinance to Close Falling Creek Substation Transformer Project 11.Consider Adoption of Ordinance to Close Harvey Parkway Extension Electric Facilities 12.Consider Adoption of Ordinance to Close Queen Street Utility Poles Relocation Project 13.Consider Adoption of Ordinance to Close Rebuild Electric Circuit 516 and 521 and Extend 14.Consider Adoption of Ordinance to Close Second Point ofI Delivery Project (E9127)--- 15.Consider Adoption of Ordinance to Close Vernon Avenue 3.41 Mile Electric Distribution  (E9126)---  --Donna Goodson --Donna Goodson --Donna Goodson --Donna Goodson Donna Goodson -Donna Goodson Rhonda Barwick  Relocation Project (E9130)--  (E9131)---  Circuit 5101 Project (E9133)----  Circuit Rebuild Project (E9132))-- 16. EPA Community Change Grants Program---  RECESS UNTIL 7:00 REGULAR MEETING  REGULAR MEETING  Call to Order Prayer-- Pledge of Allegiance Councilmembers' Roll Call  Mayor Don Hardy  -Pastor Cirlister Briggs, Holly Hill FWB Church  CITIZEN COMMENT  Citizens musts signi inb before thes start oft ther meetingi ifthey wish to addresst the City Council.  Citizens: should state their name and address before beginning their comments and may speak forar maximum of3 minutes. Citizenss seeking assistance or askingo questions will be contactedbya ar member oft the Goveming! Body or by appropriate City Staff.  Adoption oft the Agenda  Ifac Councilmember wishes toi revise the agenda, the motion to add or delete an item will be entertained  before the adoption of the agenda.  Motion/Second    Kinston City Council Agenda  Tuesday, July16, 2024  MINUTES  Consider approval oft the minutes oft the City Council meeting held on June 18, 2024-  Debra Thompson  Motion/Second  CONSENT AGENDA  1.1 Information Only - Adkin Branch Flood Mitigation Preliminary Engineering Report-- 2. Consider. Adoption ofa Resolution to accept $1,000,000 in Loan Funding from the N.C. Dept 3. Consider Adoption ofa a Resolution to Comply with the requirements of the revised CDBG-I 4. Consider Approval ofal Professional Services Agreement with WithersRavenel to perform Engineering work associated with a water line extension to the C-130 Project at the NCGTP, 5. Consider Award oft the 2024 Road Improvement Project to Barnhill Contracting Company in 6. Consider. Award of thel Emma Webb Playground Project to Churchich Recreation in the 7. Consider Award oft thel Emma Webb Splashpad Project to Churchich Recreation in the  Steve Miller -Steve Miller Steve Miller  ofEnvironmental Quality for thel Lead Service. Line Inventory Project--  Program Procurement Policy---  at a cost of $309,000--- the amount of$712,755- amount of $103,076.73-- amount of $287,104.13--  -Steve Miller -Steve Miller Scott Alston -Scott Alston  8. Information Only - Update on Social District - Points ofE Emphasis---- --Elizabeth Blount 9. Consider Adoption of Ordinance to Close Hurricane Matthew FEMA-4285-DR-NC Disaster 10. Consider Adoption of Ordinance to Close Falling Creek Substation Transformer Project 11.Consider Adoption of Ordinance to Close Harvey Parkway Extension Electric Facilities 12.Consider Adoption of Ordinance to Close Queen Street Utility Poles Relocation Project  Recovery Special Revenue Fund (C2902)--  --Donna Goodson --Donna Goodson --Donna Goodson --Donna Goodson  (E9126)--  Relocation Project (E9130)--  (E9131)---    Kinston City Council Agenda  Tuesday, July16, 2024  13.Consider Adoption of Ordinance to Close Rebuild Electric Circuit 516 and 521 and Extend 14.Consider Adoption ofOrdinancet to Close Second Point ofDelivery Project (E9127)--- 15.Consider Adoption of Ordinance to Close Vernon Avenue 3.41 Mile Electric Distribution  Circuit 510 Project (E9133)---  -Donna Goodson Donna Goodson -Donna Goodson  Circuit Rebuild Project (E9132))--  Motion/Second  PRESENTATIONS/RCOGNITIONS  1. Kinston Teens Adopt-a-Street Program---  Zorah Davis  ACTION AGENDA  1. Conduct al Public Hearing to Receive Comments Regarding Rezoning Request from RA-5 (Residential) tol B-1 (General Business District) and consider an ordinance to amend the  official zoning map. Motion/Second  -Elizabeth Blount  2. Consider Approval for a Special Event at Kinston Music Park for the Praise in the Park  Assembly & Festival- Motion/Second Motion/Second  Keith Goyette  3. Consider Approval for a Special Event for Kinston Teens Sunday Dinner-----Keith Goyette  APPOINTMENT  CITY MANAGER'S REPORT  1. July 4th Celebration Update--  -Leon Steele  CITY ATTORNEY'S REPORT  MAYOR AND COUNCILMEMBER REPORTS  ADJOURNMENT    City of Kinston City Council Agenda  ORSUIE  Meeting Date: Tuesday, July 16, 2024  Agenda Section: Work Session Discussion Item Request: Information Only  Agenda Item to be Considered  Presenter: Steve Miller, Public Services Director  Subject: Adkin Branch Flood Mitigation Preliminary Engineering Report  Action Requested: none- - discussion only Supporting Documentation: memo, report narrative  Department. Head's Approval  City Manager's Approval  SAV  Budgetary Impact: Staff Recommendation: n/a  R None  OB Budgeted  Needs Budget Ordinance    KINSTON PUBLIG SERVIGES Buildings & Grounds, Business Office, Electric, Engineering, Environmental Services, FleetN Maintenance, Meter Reading, Stormwater, Streets, Wastewater, and Water Kinston, the right plac. : Kinston Public. Servics, ther right dhoic.  Kinston 2009  MEMORANDUM  TO: FROM: DATE: RE:  Rhonda Barwick, City Manager Steve Miller, Public Services Director  &al  July 10, 2024  Adkin Branch Flood Mitigation Project Preliminary Engineering Report  The City of Kinston received funding from the Golden Leaf Foundation and North Carolina Emergency Management to begin engineering work on the Adkin Branch Flood Mitigation Project in 2022. The engineering work began based on the City ofH Kinston Flood Resiliency Study by thel Environmental Defense Fund in 2021. In August, 2022, Kinston awarded the engineering work to Rivers and Associates. This included the completion ofa preliminary engineering study to evaluate potential improvements, their benefits and estimated costs. The work will also include the full design oft the The preliminary engineering study has been completed and will be presented at the. July 16, 2024 council meeting. Iti includes an analysis oft fives specific alternatives, plus two alternatives that are combinations of the some oft the first five. The alternatives were all studied with three basic goals in  improvements recommended as a result oft the study.  mind:  1) Reduce flood impacts on existing structures  2) Provide reliable vehicle access across the Adkin near the hospital during flood events 3) Ensure no location sees in increase in flooding due to the improvements At the council meeting on. July 16", Greg Churchill, P.E., Rivers and Associates will present the findings in the preliminary engineering report. This will be followed by a discussion led by Henry McLean and) I with recommendations on how the city can accomplish flood reductions along the Adkin  Branch.  Please let me knowi ifyoul have any questions.    DocuSign Envelope ID: IBA1OAAFC624BTia5EA1F2/07C7F40C  ADKIN BRANCH FLOOD MITIGATION STUDY  Floodplain Park concept at UNC Lenoir Hospital  CITY OF KINSTON, NORTH CAROLINA  MAY 31, 2024  Prepared For:  Prepared by:  Kimley>Horn Kimley-Horn and Associates, Inc. 421 Fayetteville St. Suite 600, Raleigh, NC Firm License: F-0102 InF Partnership with:  KINSTON NORTH CAROLINA  City of Kinston 207 E. King Street Kinston, NC 28501  Rivers Rivers and Associates, Inc. 107 ES Second St. Greenville, NC Firm License: F-0334  OCIATES.I  SEAL 030525  47D..  S CRISN 5/31/2024    Alternative Impacts Alternative 4: Rerouting Basin 2.. Alternative Description. Alternative Performance Alternative Permitting. Alternative Impacts Alternative 5: Diversion Tunnel. Alternative Description. Alternative Performance Alternative Permitting. Alternative Impacts Alternative 6: Combination of Alternatives 1-4.. Alternative Description. Alternative Performance Alternative Permitting. Alternative Impacts Alternative 7: Combination of Altematives 1-5.. Alternative Description. Alternative Performance Alternative Permitting. Alternative Impacts  22 22 22 24 24 25 25 25 27 27 28 28 28 28 29 29 29 29 29 30 30 30  Alternatives Recommendations and Phasing.  List of Tables and Figures Table E1: Recommended. Alternative Phasing. Figure 1: Watershed. Areal Map. Table 1: Existing Conditions Flood Impacts Summary Table. Figure 2: Alternative 1 Summary Map Table 2: Alternative 1 Flood Impacts Summary Table. Figure 3: Preliminary Environmental Features. Figure 4: Alternative 2 Maximum Floodplain Benching Extents Table 3: Alternative 2 Flood Impacts Summary Table. Figure 5: Alternative 31 Detention Basin Extents. Table 4: Alternative 3 Flooding Impacts Summary Table. Figure 6: Alternative 41 Diversion Subbasin Boundary Map. Table 5: Alternative 41 Flood Impacts Summary Table. Figure 7: Flood Diversion Culvert Alignment Adkin! Branch Hydraulic Analysis March 2024 I Version 1  10 13 14 15 17 18 20 21 23 24 26  3    EXECUTIVE SUMMARY  The City of Kinston North Carolina (City) has contracted with Rivers and Associates and Kimley-Horn (referred to herein as the' Consultant Team") to conduct a Flood Mitigation Study along Adkin Branch. The project area includes approximately 27,000 linear feet of Adkin Branch which flows from Crawford St. to Lincoln St. Thiteen(13)culvert crossings exista along thec overall length oft thes stream reach. The Consultant Team utilized previously calibrated HEC-HMS and HEC-RAS steady flow model. Field investigation was performed to confirm Manning's 'n' values and to verify the watershed boundaries. The HEC-RAS model was updated with field survey data and converted to an unsteady flow model to better model changes in attenuation throughout thev watershed. Several alternatives including, floodplain benching (FPB), detention,  diverting flows, and bridge and culvert upgrades were evaluated.  The overall project goals are:  Reduce flood frequency on N. Queen St. Reduce flood frequency on N. Herritage St. Reduce structure flooding along Adkin Branch Watershed. Mitigate downstream impacts of upstream infrastructure improvements. Reduce flood frequency along Doctors Dr., particularly west of N. Herritage St.  HYDROLOGIC AND HYDRAULIC MODELING  This study built upon work completed previously by EPR. Models created and calibrated by EPR were used as the basis for modeling within this study. Limited hydrologic model adjustments were made, but the hydraulic model (HEC-RAS) was converted from steady flow to unsteady flow to allow for a more robust analysis of proposed solutions along with an evaluation of downstream impacts resulting from upstream infrastructure modifications. This revised model was used for establishing the existing conditions baseline (as presented herein) and for evaluatingi improvements to reduce flood frequency. Thei initial scope was to refine thei improvements recommended by EPR, whichi included upgrades tol N. Herritage St. and N. Queen St. and floodplain benching adjacent to UNC Lenoir Healthcare and Billl Fay Park. After evaluating these initial alternatives in the updated model, the Consultant Team determined that they were not as effective as previously thought, and also resulted in downstream flooding impacts to existing buildings. In addition, the Cityi indicatedt that reducing flooding along! Doctors Dr. west of N. Herritage St. should be made a priority. As ar result, al broader review of thev watershed was undertaken toi identify potential solutions. The solutions  evaluated included:  1. Modified infrastructure improvements in the Heritage/Queen area 2. Floodplain benching at 3 additional locations along Adkin Branch 3. Online detention in an Adkin Branch tributary to offset downstream water surface increases 4. Rerouting a portion of as subbasin int the upper reach of Adkin Branch 5. Adiversion tunnel that removes water from Adkin Branch willl leaving baseflow in place  6. Combination of Alternatives 1-4 7. Combination of Alternatives 1-5  Each of these has a role in achieving project goals. Alternatives 1-3 are primarily focused on improving level of service atl N. Herritage St. and N. Queen St. while mitigating the resulting downstream water surface elevation (WSE) increases. Alternatives 4 and 5 were introduced to help reduce flood frequency along  Doctors Dr.  AdkinE Branch Hydraulic Analysis March 2024 I Version 1  5    AXUpIIVIT Woodovicw  m  ountySquare states VnyWoods MulwooO  Branchwood  Gickonumo Braryood  AdkinBranch  Ainston,  Tyndapar Brooks  ERIS  Duprecville  2,500 5,000 Feet Legend WatershedB Boundary Kinston City Boundary AdkinB Branch  Jackson Qoph  Paroncon  Soulhwood Goflino.  Figure 1: Watershed. Area Map  PROJECT HISTORY  Ecosystem Planning and Restoration (EPR) previously completed al Flood Resiliency Study for this project area in 2021. As a part of this study EPR created a HEC-HMS model and one-dimensional HEC-RAS steady flow model to represent existing storm drainage conditions within Adkin Branch. HEC-HMS was used to simulate the hydrologic conditions of the watershed, while HEC-RAS was utilized to perform hydraulic calculations and model stormwater flows through the system. EPR worked with the City to  Adkin! Branch Hydraulic Analysis March 2024 I Version 1  7    UNSTEADY FLOW MODEL CONVERSION AND UPDATES  SURVEY  The Consultant Team collected updated survey information for stream geometry, culvert attributes, and  existing topography fort thep project area. Thei following data was collected:  GENERAL TOPOGRAPHY AND CULVERTS  Four culvert crossings, Crawford St., Carey Rd., N. Herritage St., and N. Queen St., were surveyed to collect: upstream and downstream inverts of all barrels, size and material, obstruction estimate per barrel, andr roadway overtopping profile data upt tot twof feeta abovet ther roadway low point. Sanitary sewer ands storm drainage systems within 100f feet oft thec culvert on! both sides were collected. Topography: and other features were collected 50f feet upstream and downstream ofe each culvert and up to2f feet above thel low point along the roadway. Topography was also collected along Adkin Branch adjacent to Bill Fay Park and within the wooded portion of the UNC Lenoir Hospital property between Doctors Dr. and the property line.  CROSS-SECTIONS  Twenty-one cross-sections of Adkin Branch were surveyed from Carey Rd. to N. Queen St. Along each cross-section, thet top of banks, toe of slope, thalweg, and overbank points 50 feet and 1001 ft frome eacht top of bank were collected for a minimum of 9 points at each cross-section. In addition, a limited number of finished floor elevations (FFEs) and building corners were collected at strategic locations within the survey  area.  HYDROLOGIC MODEL  Ar review of subbasins throughout the watershed revealed that, except for Subbasin 2 and the upper area of Subbasin 1, the overall watershed is in a built-out condition. EPR's prior report developed curve numbers based on US Department of Agriculture's 2016 National Land Cover Dataset (NLCD) and insignificant changes within they watershed have taken place since then. Previously created curve numbers were accepted with the exception that Kimley-Horn reviewed curve numbers utilized in Subbasins 1 and 2 to determine ift they needed to be updated. EPR used a variety of land cover types within these two subbasins, indicating thatt they didr not consider them in their built-out condition. Soil types throughout the watershed are predominately hydrologic soil group A and B, which are well drained soils. Within these two subbasins, HSG Ai ist the predominant soil group. The curve number used by EPR for Subbasin 2 is 73.4 andi for Subbasin 1 is 76. Areview of Kinston's zoning data reveals this area is zoned RA-6 which is" "a medium to high density ofr residential land use" (as described in Kinston's Code of Ordinances). The curve numbers used for Subbasins 1 and 2 appear to fall within the HSG Ar range for medium-high density residential, indicating that similar rainfalli infiltration willl be realized even ifa and when these upper watersheds are built out. Ont this basis, no modifications to EPR curve numbers was  incorporated.  UNSTEADY FLOW MODEL CONVERSION  EPR performed detailed calibration for both thel HEC-HMS and HEC-RAS models, therefore the Consultant Team was scoped to use both models as the base for this study and convert the HEC-RAS model from  Adkin Branch Hydraulic Analysis March 2024 I Version1 1  9    computed usingt thei intersect tooli in GIS to filter ands segregate structures located outside of thei inundation boundary. The flood depths at N. Herritage St. and N. Queen St. were computed from the water surface profiles provided in HEC-RAS. Since Doctors Dr. is parallel to the stream, there is no stream crossing at which to extract flood depth. Instead, the resulting water depth map was used to pull flood depth along  Doctors Dr.j just upstream of N. Herritage St., where flooding was deepest.  UPDATED EPR SOLUTION  After the existing model was converted to unsteady flow, the EPR Recommended improvements were assessed in the unsteady flow model developed by the Consultant Team. Upsizing the N. Herritage St. culvert in the unsteady flow model reduced attenuation upstream of the crossing, and allowed more flow through to N. Queen St. which, increased thet flood depths att this culvert crossing. Likewise, increasing the flow capacity at N. Queen St. results in increased flows downstream by approximately 10% during the 25-  year storm event.  ALTERNATIVES ANALYSIS  The results oft the conversion of the EPR steady flowr modelt to an unsteady flow model shows the proposed culvert and bridge improvements do not reduce flooding to the extent estimated in the EPR Furthermore, the unsteady flow model demonstrates that properties located downstream of N. Queen St. are negatively impacted byi increased flows. Additional analysis was needed to identify solutions that better addressed project goals. Additional alternatives were assessed with the goals of:  steady flow model.  Reduce flood frequency on N. Queen St. Reduce flood frequency on N. Herritage St. Reduce structure flooding along Adkin Branch Watershed Mitigate downstream impacts of upstream infrastructure mprovements. Reduce flood frequency along the portion of Doctors Dr. located west of N. Herritage St.  INITIAL ALTERNATIVES ASSESSED BASED ON EPR REPORT  After determining that the previously proposed EPR improvements required further investigation, three iterations of alternatives were assessed to determine ift thei infrastructure improvements int the immediate vicinity of knowni flooding couldi feasibly reduce water surface elevations. These alternatives were selected 1)t to investigate additional infrastructure improvements to address upstream flooding and 2) to introduce hydraulic modifications tot the previously analyzed N. Herritage St. and N. Queen St. improvements. None Thef first alternative modeled included upsizing the culverts at Crawford Dr. and Corey Rd. The preliminary results of this alternative showed that flows downstream of both culverts increased significantly with minimal benefits upstream. This outcome demonstrated thatt the channel dimensions (cross-section, slope, etc.) are the limiting hydraulic factor in this portion of the watershed. Culvert upgrades alone would not significantly reduce flood depths and would additionally require downstream mitigation of increased flows  of the additional alternatives included adjustments to hydrology.  and water surfaces.  Adkin! Branch Hydraulic Analysis March 2024 I Version 1  11    EPE  Matthwesspak  UNCLENOIR HOSPITAL  BILLFAY PARK.  300 600 Feet Legend Floodplain Benching Watershed Park Bridge/Culvert Optimization Adkin Branch Parcels  Figure 2: Alternative 1 Summary Map  Adkin Branch Hydraulic Analysis March 2024 I Version 1  13    IVLVVVI anu/ui uI  W13 W12  Brand  W11  W10 BILL FAY PARK  UNC LENOIR HOSPITAL  W3  OWI W1  W14 W15 510 W16  Legend 2 Delineated Ditches Delineated: Streams Delineated' Wetlands Delineated Open Water Neuse River Bufferz Zone 1 (30ft) Neuse River Bufferz Zone 2 (20f) Project StudyA Area  W2 Adkin Branch  S4)  Figure 3: Preliminary Environmental Features  During project execution, several meetings were conducted with USACE and DEQ to obtain feedback on the proposed floodplain benching design on the hospital property. This area is proposed as at floodplain park. The Consultant Team created a rendering and shared it with regulators (see Appendix C). Regulators indicated that permitting would be challenging; however, they did not suggest that it would be  impossible.  ALTERNATIVE IMPACTS  The project requires easement or acquisition from properties adjacent to Bill Fay Park (1) and the UNC Lenoir Hospital (5). On. June 27, 2023, the City and Consultant Team met in-person with the UNC Lenoir Hospital leadership team to share the overall goals, proposed improvements, and the concepts being considered on their property. At the time, only Alternative 1 was being considered. The floodplain park rendering was shared at the meeting. The Consultant Team provided meeting minutes; in summary, hospital leadership were receptive to the ideas presented and various aspects and questions were discussed at length. The meeting concluded with all parties indicating an openness to continued  discussion.  Adkin Branch Hydraulic Analysis March 2024 I Version1  15    WorlwesPars  PlazoBld  noinA antic  900 1,800 Feet Legend Parcels Maximum Floodplain Benching Adkin Branch Parcel Buyouts  CasweDso (Brighos  inston  Figure 4: Alternative 21 Maximum Floodplain Benching Extents  Adkin Branch Hydraulic Analysis March 2024 I Version 1  17    Easement acquisition on one (1) parcel upstream of Coast Line Street, Easement acquisition on four (4) parcels downstream of MLK. Jr. Blvd. Easement acquisition on 12, parcels between N. Queen St. and Daniel St. Easement Acquisition on one (1) parcel adjacent to Washington. Avenue and Elm St. Ina addition, sanitary sewer relocation will be required between N. Queen St. and Daniel St. as required to construct this alternative. Additional utility coordination is needed to determine the appropriate sanitary  sewer relocation alignment.  ALTERNATIVE 3: ONLINE: DETENTION: ALTERNATIVE DESCRIPTION  Construction of an online (in-stream) detention facility was evaluated along an unnamed tributary which flows in a southwesterly direction toward Adkin Branch. The potential location for the detention facility is bounded by Linden Avenue, Airport Rd., N. Queen St., and Kinston High School. A total storage volume of approximately 2,400,000 cubic feet (CF) was modeled within the detention facility. This facility is conceptualized as a dam with a riser/barrel outlet structure and an emergency spillway. The riser/barrel structure would be designed in such a way that the stream baseflows would continue to pass through the berm, buti in large rain events, runoff would accumulate behind the dam and be detained for slow release over time. Figure 5 shows the location oft the proposed detention facility. Seventeen (17) property buyouts  are included in this Alternative.  Adkin Branch Hydraulic Analysis March 2024 I Version 1  19    The proposed detention facility is located within subbasin 5 which was divided into two smaller subbasins: one draining to the detention facility, and the other (downstream of the detention facility) draining to Adkin Branch. The weighted curve number for both subbasins remained the same, however, the lag time was revised to account for modifications to the basin shapes and the length of flow paths. Thei flow! leaving the detention facility ands subbasin 5.2 arer routedt to anl HMSj junction fallingy within Adkin! Branch. The combined hydrograph fromt thisj junction was usedi int thel HEC-RAS modelt tor represent thet flow reduction provided by the detention facility. Appendix E provides a summary of hydrologic input revisions and updated model  outputs.  ALTERNATIVE PERFORMANCE  The online detention facility reduces the flow rates just downstream of the dam by about 52% during the 100-year storm event. This decreased flow rate reduction reduces surface elevations downstream of N. Queen St. The reduced tailwater on N. Queen St., however, provides only limited benefit upstream. Table  4p provides as summary of the performance oft the online detention facility.  Table 4: Alternative. 3 Flooding Impacts Summary Table  Total Structures from 29 67 37 159  Removed NH Herritage NO Queen St Doctors Dr  Storm Impacted 10 25 50 100  St Flood 0.00 0.22 0.94 1.44  Flood 0.00 0.00 0.71 1.55  Flood 0.69 2.31 3.10 3.63  Event Structures Flooding Depth (ft) Depth (ft) Depth (ft)  109 192 283 340  Iti is noted that the nature of the improvements associated with Alternative 3 decrease flow rates downstream of N. Queen St. Therefore, the number ofs structures flooding downstream of N. Queen St. does noti increase. The number of structures removed from flooding listed in this table represents the  total number of structures removed from flooding. ALTERNATIVE PERMITTING Environmental Permitting  Permitting needs associated with this alternative are more complex than previous alternatives. Because this facility would place an embankment across an existing jurisdictional stream significant permitting challenges are anticipated. One unique aspect that may aid with gaining regulatory consideration is that design oft the facility would maintain baseflow through the dam and would only impound during a rainfall event. Permitting for this facility requires coordination to obtain 401/404 permits as well as coordination with the US Army Corps of Engineers (USACE) to obtain a nationwide permit for construction oft the proposed work in and adjacent to the stream. The amount of wetland impacts are unknown at this time, but wetland delineations must be performed to quantify wetland impacts. Stream impacts may trigger mitigation which can be accomplished through buydown or by constructing wetlands elsewhere within the same hydrologic unit code (HUC). Adkin Branch is located within the Neuse River  Adkinl Branch Hydraulic Analysis March 2024 I Version1  21    300 600 Feet Legend BrieryR Run DiversionD Ditch Sub-Basin2 2Diversion Area Sub-Basin2 Parcels AdkinB Branch  Figure 6: Alternative 41 Diversion Subbasin Boundary Map  AdkinE Branch Hydraulic Analysis March 2024 I Version 1  23    Diverting flood water from the. Adkin Branch basin may result in the dewatering of downstream wetlands, which may needt tol bei investigated as part oft the permit process. As part of the 401/404 permitting process, regulators may require ane evaluation oft the effect oft the diversion on downstream wetlands andi may require evidence thatt ther reduced downstream flood frequency does notr negatively impact existing wetlands. These efforts may require additional delineations and monitoring for areas located downstream from the diversion  ditch project area. ALTERNATIVE IMPACTS  This project willi increase the flow along Briery! Run which could potentially increase the number of structures impacted byf flooding andt the severity of flooding within that watershed. A separate drainage study will be needed to identify and mitigate any additional flooding impacts along Briery Run. Drainage easements will be needed to grade andi install ther necessary infrastructure to reroute this portion of the watershed. A significant amount ofe earthwork is required for this alternative. Note that development proposed in this arear mayi impact the amount of drainage area available to be diverted, and therefore the pertormance of the alternative. Reduced amount ofs subbasin diverted would reduce the benefits realized  along Doctor's Dr.  ALTERNATIVE 5: DIVERSION. TUNNEL ALTERNATIVE DESCRIPTION  This alternative proposes a 12 fty wide and 8f ft deep culvert to divert a portion of flow from Adkin Branch near Westbrooke Rd. to Briery Run where ity will discharge upstream of Airport Rd. Figure 7 shows the approximate alignment for the diversion tunnel alignment.. Alternatives 1-3 accomplished project goals of reduced flooding at N. Herritage St. and N. Queen St. while also mitigating downstream flows. Alternatives 4 and 5 were evaluated to reduce flooding on Doctors Dr., west of N. Herritage St.  Adkin Branch Hydraulic Analysis March 2024 I Version 1  25    The diversion tunnel isl located at about the midpoint of subbasin 3. Subbasin 3v wasi further divided into two areas located upstream and downstream oft the diversion tunnel interception point. The upstream portion of Subbasin 3 and all of Subbasin 1 are combined with aj junction in HEC-HMS. The resulting hydrograph was routed through the channel and to the diversion tunnel in PCSWMM (Personal Computer Storm Water Management Model). PCSWMM is able to model the split flow! between the main channel and the diversion tunnel. The hydrograph generated from PCSWMM for the Adkin Branch main channel was input into the HEC-RAS model to account for the reduced flow downstream oft the diversion tunnel. This method reduced the flow through Adkin Branch by the rate to be conveyed by the 12' x 8' box culvert to Briery Run. Appendix G provides a summary of the subbasin revisions, PCSWMM model output, and HEC-RAS  outputs.  ALTERNATIVE PERFORMANCE  The PCSWMM model results confirm that the tunnel was able to reduce thei flow rate just downstream of the diversion ditch entrance by approximately 42% in the 100-year storm event. Table 7 provides a summary of the Adkin Branch watershed performance resulting from the diversion of stormwater flow  through thet tunnel to Briery Run.  Table 6: Alternative 5 Flood Impacts Summary Table  Total Structures from 42 51 37 127  Removed NH Herritage NQueen St Doctors Dr  Storm 10 25 50 100  Impacted 96 208 283 372  St Flood 0.00 0.00 0.04 0.98  Flood 0.00 0.00 0.77 1.71  Flood 0.00 0.49 1.75 2.80  Event Structures Flooding Depth (ft) Depth (ft) Depth (ft)  Itis noted that the nature of the improvements associated with Alternative 5 do not increase flows downstream of the diversion tunnel interception point. Therefore, there is no increase in the number of structures flooding along Adkin Branch downstream of that diversion point. The number of structures removed from flooding listed int this table represents thet total number of structures removed fromi flooding. Permitting needs associated with this alternative will likely require coordination with the U.S. Army Corps of Engineers (USACE) to obtain a Section 404 Clean Water Act Permit and coordination with the NC Division of Water Resources (NCDWR) to obtain a Section 401 Water Quality Certification and Riparian Buffer Authorization for the tunnel conveyance, which likely impacts wetlands. The amount of stream and wetland impacts are unknown, but the National Wetlands Inventory (NWI) indicates the presence of wetlands along much of the tunnel corridor. Wetland delineations will be required along the corridor to quantify wetland impacts. Briery Run wetland and buffer impacts must also be considered. Impacts to more than 0.10 acre of wetlands or 0.02 acre of streams will likely require mitigation, which can be accomplished through buydown from an in-lieui fee program or mitigation bank, or by constructing wetlands elsewhere within the same hydrologic unit code (HUC). Adkin Branch is located within the Neuse River  ALTERNATIVE PERMITTING  Adkin Branch! Hydraulic Analysis March 2024 I Version1 1  27    Table 7: Alternative 6F Flood Impacts Summary Table  Total Structures from 65 91 76 172  Removed NHerritage NQueen St Doctors Dr  Storm Event 10 25 50 100  Impacted 73 168 244 327  St Flood 0.00 0.00 0.44 1.07  Flood 0.00 0.00 0.00 0.00  Flood 0.00 0.90 1.95 2.60  Structures Flooding Depth (ft) Depth (ft) Depth (ft)  Itisr noted that ther nature oft the mprovements associated with Alternative 6 decrease flow rates downstream of N. Queen St. Therefore, there is no increase in the number of structures flooding downstream of N. Queen Street. The number of structures removed from flooding listed in this table  represents the total number of structures removed from flooding See Alternative Permitting section for each individual alternative. See Alternative Impacts section for each individual alternative. ALTERNATIVE 7: COMBINATION OF ALTERNATIVES 1-5  ALTERNATIVE PERMITTING ALTERNATIVE IMPACTS  ALTERNATIVE DESCRIPTION  This alternative proposes to implement all improvements including the bridge and culvert improvements, maximum floodplain benching, online detention, rerouting of subbasin 2, and the diversion tunnel. All hydrologic and hydraulic model from the previous sections oft this report are included int this model. Updated  model output is summarized in Appendix I. ALTERNATIVE PERFORMANCE  Thef flows upstream of N. Herritage are less than Alternative 6 due to the combined benefits of Alternatives 4 and 5. Table 8 provides a summary of the benefits of all alternatives being implemented in combination.  Adkin Branch Hydraulic Analysis March 2024 I Version 1  29    Table 9: Recommended. Alternative Phasing  Project Order Alternative (Phase) 1* 2 3* 4 5 See above See above  Project Description Maximum Floodplain Benching Online Detention Bridge Optimization and Floodplain Benching Subbasin 2 Rerouting Diversion Tunnel Alternatives 1-4 Alternatives 1-5  2024 Cost $17,621,000 $10,696,000 $18,373,000 $12,991,000 $18,631,000 $59,681,000 $78,312,000  2* 3 1* 4 5 6 7  *Note: Note: Phase 1, Alternative 2i includes floodplain benching at Bill Fay Park at a cost of $3,285,000. Phase 3, Alternative 1 includes floodplain benching at UNC Lenoir Hospital at a cost of $10,749,000.  Adkin Branch Hydraulic Analysis March 2024 I Version1  31    City of Kinston City Council Agenda  OISUIS  Meeting Date: Tuesday,July 16, 2024  Agenda Section: Work Session AND Consent Item Request: Resolution  Agenda Item to be Considered  Presenter: Steve Miller, Public Services Director Subject: Lead Service Line Inventory Funding Acceptance Environmental Quality for thel Lead Servicel Linel Inventory Project. Supporting Documentation: memo, funding documents, resolution  Action Requested: Consider adoption ofa resolution to accept $1,000,000 in loan funding from thel N.C. Dept. of  Department Head's Approval  City Manager's Approval RB  A  Budgetary Impact:  ON None  I Budgeted  Needs Budget Ordinance  Staff Recommendation: adopt resolution  Gpdas Septembsr 036    KINSTON PUBLIG SERVIGES Buildings & Grounds, Business Office, Electric, Engineering, Environmental Services, Fleet Maintenance, Meter Reading, Stormwater, Streets, Wastewater, and Water Kinston, ther right plac. : Kinston Public Servias, therighto choice.  Kinston 2009  MEMORANDUM  TO: FROM: DATE: RE:  Rhonda Barwick, City Manager Steve Miller, Public Services Director Funding Acceptance Resolution  &s  July 8, 2024  Lead Service Line Inventory Project (DWI Project# SRF-D-LSL-0030  The City of Kinston has received approval for funding in the amount of$1,000,000 for the above project. This approval was issued after the N.C. Dept. of Environmental Quality reviewed and accepted our RFP award to 120Water and the scope of work. The funding being provided is a loan with $600,000 inj principal forgiveness and the remaining loan being repaid over 20 years with zero percent Attached are the resolution to accept the funding, the offer letter, the Funding Offer and Acceptance form and the Sales Tax Reimbursement Certification form. Irespectfully request City Council adopt the resolution, which will authorize the City Manager to complete all necessary documents to accept  interest.  the funds.  Please let me know ifyoul have any questions.    RESOLUTION BY GOVERNING BODY OF APPLICANT  WHEREAS, the Bipartisan Infrastructure Law (BIL) of2021 and North Carolina General Statute (NCGS)159G WHEREAS, the North Carolinal Department of Environmental Quality has offeredal Drinking Water State Revolving WHEREAS, the City of) Kinston intends to conduct said Projecti in accordance with a scope ofwork that was NOW,THEREFORE, BEI ITI RESOLVED BY THE CITY COUNCIL OF THE CITY OF KINSTON, NORTH That the City of Kinston does hereby accept the DWSRF-LSLR loan offeri in the amount ofs1,000,000.00; That the City of Kinston does hereby give assurancet to the North Carolina Department ofEnvironmental Quality that they will adheret to all applicable items specified int the standard "Conditions" and' "Assurances" of Thatl Rhonda Barwick, City Manager, and: successors so titled, isl hereby authorized and directed to furnish such information, as the appropriate State agency may request, in connection with such application or the Project; tor make the Assurances as contained above; and to execute: such other documents as may be required That the City of Kinston has complied substantially or will comply substantially with alll Federal, State and local laws, rules, regulations, and ordinances applicable tot the Project, and tol Federal and State grants and  have authorized the making ofl loans to aid eligible, drinking-water: system owners in financing the Fund-Lead: Service Line Replacement (DWSRF-LSLR) loani int the amount of $1,000,000.00 to conductaLead! Servicel Line Inventory, hereafter referred to ast the "Project"; and approved by thel North Carolina Division of Water Infrastructure.  cost ofinventorying and replacing leads service lines; and  CAROLINA: and  thel Department's funding offer, awardedi int the form OfDWSRF-LSLR loan; and  in connection witht the application; and loans pertainingt thereto.  Adopted thist the 16h day ofJ July, 2024 at Kinston, North Carolina.  Don! Hardy, Mayor Date    DocuSign Envelope ID: C46744B919F420A87D92522A6FD480  ROY COOPER Governor ELIZABETHS.! BISER Secretary SHADIESKAF Director  NORTH CAROLINA EnMronmentalQually June 20, 2024  Ms. Rhonda Barwick, City Manager  City of Kinston PO Drawer 339 Kinston, NC28502  Subject: Lead Service Line Replacement Program  Funding Offer City ofKinston  Kinston- - Lead Service Line Inventory DWI Project No.: SRF-D-LSL-0030  Dear Ms. Barwick: document.  The City ofl Kinston has been approved for funding assistance according to the subject funding offer. This offer is made subject to the Assurances and Conditions attached to this Upon your acceptance, please submit the following items to the Division via e-mail at  DODMPEOIs  .  One (1) copy oft the original Offer and Acceptance Document executed by the Authorized Representative for the project, along with the Conditions and 2. A resolution adopted by the governing body accepting the funding offer and the applicable Conditions and Assurances contained therein (sample ofs suggested 3. The Federal Identification Number and Unique Entity IDI Number of the Recipient (UEID required for federally funded projects) Sales-Tax Certification (form attached)  Assurances. Retain a copy for your files.  format enclosed).  4.  The Site Certification and a Capital Project Ordinance or Budget Ordinance covering the  project, ifa applicable are/is due before disbursements begin.  NorthCarolinal Department ofEmironmenalQualty IDivisiono of Waterl Infrastructure  DEQS 512N. Salisbury Street I 1633MailService Center Raleigh, NorthCarolinai 27699-1 1633  919.707.9160    DocuSignE Envelope ID: FC46744B919F420A87D92832A6FD4B0  Ms. Rhonda Barwick, City Manager  City ofKinston June 20, 2024 Page 2 of2  Disbursement requests are to be submitted via Laserfiche at the following link: htps/edoesdeunegovDW.Dasument-Upload-Fom. A reference copy ofthe Disbursement Request Form (also found on thel DWI website) has been enclosed for your  convenience.  Please note that disbursement ofloan funds is contingent upon debt approval by the Local Government Commission (LGC). You may coordinate debt approval directly  with the LGC by e-mail at r@ncreasurer.com,  On behalf of the Department of Environmental Quality, Iam pleased to make this  funding offer. Should you have any questions concerning this offer of funding, or any oft the stipulations outlined in this offer package, please contact. Jim Morrison, P.E., either by telephone  at 919.707.9157 or by e-mail at m.momison@uegnego".  Sincerely, Docusignedby: Gf4 300A872017B4C5.. Shadi Eskaf, Director  Division of Water Infrastructure, NCDEQ  Enclosures: Offer and Acceptance Document  Assurances & Conditions Federal ID and UEID Number Request Memo Resolution to Accept Funding Offer (suggested format) Sales-Tax Certification Form Disbursement Request Form Site Certification Capital Project Ordinance (sample) Mark Hubbard, P.E. (Via DocuSign) Jim Morrison, P.E. (Via DocuSign) DWI Administrative Unit (Via DocuSign) Carrie Shortt (Via DocuSign) Teresa Tripp (Via DocuSign) DEQ.DWL.Fundingoller@deg.ne.goy DWI Agreement ID#: 200070613/COMILON)  ec: Ethan Green, City of Kinston clangremdemtonncw,    DocuSign Envelope ID: FBEA25D10D44EAA969493EPADBACD STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER INFRASTRUCTURE Funding Offer and Acceptance Legal Name and Address of Award Recipient City of Kinston 207 East King Street Kinston, North Carolina 28502 Funding Program Drinking Water Stormwater Wastewater BIL-DWSRF-LSLRI Fund- Repayable Loan BIL-DWSRF-LSLRI Fund- Principal Forgiveness State Reserve Loan State Reserve Grant State Reserve Earmark (S.L. 2023-134) American Rescue Plan Act- Choose an item. Project Description: City of Kinston: Inventory of Lead Service Lines  Project Number: SRF-D-LSL-0030 Assistance Listing Number: 66.468 Unique Entity ID Number: HZLMARCMTMSS  Additional Amount for Previous Total Total Offered  Funding Increases  KR K  $400,000 $600,000  Total Financial Assistance Offer: Total Project Cost: Estimated Closing Fee*: ForLoans Interest Rate: Maximum Loan' Term:  $1,000,000 $1,000,000 $20,000 0% Per Annum 5Years  *Estimated closing fee calculated based on grant and loan amount. Pursuant to! North Carolina General Statute 159G: The applicanti is eligible under Federal and State law, The project is eligible under Federal and State law, and  The project has been approved! byt the Department of Environmental Quality as having sufficient priority to The Department of Environmental Quality, acting on behalf of the State of North Carolina, hereby offers thef financial  receive financial assistance. assistance described int this document. For The State of North Carolina:  Shadi Eskaf, Director, Division of Water Infrastructure North Carolina Department of Environmental Quality  Doousignod-by- 6f4y Signaturgric  6/17/2024 Date  On Behalf of: Name of Representative in Resolution: Title (Type or Print):  Cityofk Kinston Rhonda Barwick City Manager  the undersigned, being duly authorized to take such action, as evidenced by the attached CERTIFIED COPY OF AUTHORIZATION BY THE APPLICANT'S GOVERNING BODY, do hereby accept this Financial Award Offer and will comply  with the attached Assurances and the Standard Conditions.  Signature  Date    APPLICABLE STANDARD CONDITIONS*  Project Applicant:  Project Number:  1. Social Authorities: Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act, The Age Discrimination Acto of 1975, Section 13 oft the Federal Water Pollution Control Act Amendments of 1972, and Equal Employment Opportunity (Executive Order No 11246, as amended) which prohibits activities thata are intentionally discriminatory and/or have a discriminatory effect based on race, color, religion, sex, sexual 2. Environmental Authorities: National Environmental. Act, National Historic Preservation Act, Archeological: and Historic Preservation Act, Protection of Wetlands, Flood Plain Management, Farmland Protection Policy Act, Coastal Zone Management. Act, Coastal Barriers Resources Act, Wild and Scenic Rivers Act, Endangered Species Act, Essential FishH Habitat and the Safe Drinking Water Act applicability willl be determined upon submittal of an Environmental Information Document (EID) during the Engineering Report (ER) review process. Projects that do 3. Acquisition of Real Property must comply with all applicable provisions of the Uniform Relocation and Real Property Acquisition Policies Act of 1970 (PL 92-646), as amended. The Applicant shall certify that it has or will have at fee simple or such other estate or interest in the site of the project, including necessary easements and rights-of-way, to assure undisturbed use and possession for the purpose of construction and operation for the 4. Specific MBE/WBE (DBE)f forms andi instructions are provided that are tol be included int the contract specifications. These forms willa assist with documenting positive efforts made by recipients, their consultants and contractors to utilize disadvantaged businesses enterprises. Such efforts should allow DBES the maximum feasible opportunity to compete for sub agreements ands subcontracts to be performed. Documentation of efforts made to utilize DBEf firms must be maintained by all recipients, and construction contractors, and made 5. Debarment and Suspension, Executive Order No. 12549: Subrecipients shall fully comply with Subpart Cof2CFR Part: 180 entitled, Responsibilities of Participants Regarding Transactions Doing Business with Other Persons,"as implemented and supplemented by 2 CFR Part 1532. Recipient is responsible for ensuring that any lower tier coveredt transaction, as describedi in Subpart B of2CFRI Part: 180, entitled' "Covered" Transactions," includesat term or condition requiring compliance with Subpart C. Recipient is responsible forf further requiring thei inclusion ofa similar term or conditioni ina anys subsequent lowert tier coveredtransactions. Subrecipients may access suspension and debarment information at: http/www.samgoV. This system allows subrecipients to perform searches 6. The construction contract requires the contractor to adhere to Davis-Bacon and Related Acts Provisions and Procedures as listed in the Code of Federal Regulations Chapter 29 Part 5 Section 5 (29 CFR 5.5). Public Law pertaining to this is also enacted in Title 40, United States Code, Subtitle II Section 3141 through Section 3148. Projects that do not involve construction (e.g., inventory only) are generally not subject to Davis-Bacon; however, 7. Projects funded through the BIL DWSRF-LSLR funds are required to comply with the Federal Build America, Buy America Act (BABAA). BABAA requires that iron, steel, manufactured products, and construction materials used in infrastructure projects are produced in the United States. Projects that do not involve construction (e.g., a. Ify your project qualifies for a BABAA waiver, American Iron & Steel (AIS) provisions will applyi instead, as required by H.R.3547,' Consolidated. Appropriations Act, 2014" Section 436, Division G, Title IV. The State provides detailed requirements to be included in the construction contract specifications. Projects that  orientation, gender identity, or national origin.  noti involve construction (e.g., inventory only) are not required to prepare an ER/EID.  estimated life oft the project usingac certification form provided by DEQ.  available upon request.  determining whether ane entity ori individual is excluded from receiving Federal assistance.  special circumstances mayt trigger Davis-Bacon requirements.  inventory only) are not subject to BABAA.  do not involve construction (e.g., inventory only) are not subject to AIS.    8. Pursuant to 2C.F.R. S 200.216, subrecipients cannot obligate SRF funds to: (1) procure or obtain; (2) extend or renew a contract to procure or obtain; or (3)€ enter into a contract (ore extend or renew a contract) to procure or obtaine equipment, services, or systems that use covered telecommunications: equipment ors services (described in Public Law 115-232, Section 889) as as substantial or essential component of anys system, orasacriticalt technology *Note: Condition: 10 does not require anything to bes submitted. Details ond allo of these conditions can bef foundi int the EPA Cross-Cutter handbook.  as part of anys system.  ASSURANCES Project Applicant:  Project Number:  1. The Applicant intends to complete the project in accordance with the application fori financiala assistance approved by the Division. The Applicant acknowledges that in the event a milestone contained in the most recent BIL DWSRF-LSLR Fund Intended Use Plan and/or the Letter of Intent to Fund is missed, the Department of  Environmental Quality may rescind this Funding Offer.  2. The Applicant is responsible for paying for the costsi ineligible for BIL DWSRF-LSLRf funding.  3. Alla aspects of the project, including the letting of contracts in connection therewith, conform to the applicable  requirements of State and! local laws and ordinances.  4. The Applicant will provide and maintain adequate engineering supervision andi inspection.  5. The recipient agrees to establish and maintain a financial management system that adequately accounts for revenues and expenditures. Adequate accounting and fiscal records willl be maintained during the course of the project and these records will be retained and made available for a period of at least three years following 6. AIIB BIL DWSRF-LSLR funds loaned shall be expended solely for carrying out the approved project, and an audit shalll be performed in accordance with G.S. 159-34. Partial disbursements on this loan will be made promptly upon request, subject to adequate documentation of incurred eligible costs, ands subject to the recipient's compliance with the Standard Conditions of this Award. The Applicant agrees to make prompt payment toi its contractor, andi to retain only such amount as allowed by North Carolina General Statute. 7. The Applicant wille expend all oft the requisitioned funds for the purpose of paying the costs of the project within three (3) banking days followingt the receipt of thet funds from the State. Please note that the Statei is not a party tot the construction contract(s): and the Applicant is expected to uphold its contract obligations regarding timely 8. The Applicant acknowledges that! loan funds contained int this Funding Offer require approval from the North  completion oft thep project.  payment.  Carolina Local Government Commission! before they can be disbursed.    SALES-TAX REIMBURSEMENT CERTIFICATION FORM (FORF FUNDING PROGRAMS INT THE DIVISION OF WATER INFRASTRUCTURE)  Applicant: Project Number:  CityofK Kinston SRF-D-ISI-0030  Check If Applicant is not a unit ofg government under North Carolina law  IfApplicant noted above is al Unit of Government in North Carolina, check the applicable box below. Sales Tax IS deducted int this scenario. Please show this on the disboursementreques,  The construction contract was bid with sales taxes and the unit of government will request  reimbursement from the DOR,  Sales Taxi ISI NOT deducted in either oft these scenarios.  The construction contract was bid with sales taxes and the unit of government will not request  reimbursement from the DOR.  The construction contract was bid without sales taxes  Rhonda Barwick, City Manager (Printed Name and Title ofA Authorized Representative)  (Signature ofA Authorized Representative)  (Date)    City of Kinston City Council Agenda  OISUIR  Meeting Date: Tuesday, July 16, 2024  Agenda Section: Work Session AND Consent Item Request: Resolution  Agenda Item to be Considered  Presenter: Steve Miller, Public Services Director Subject: Updated CDBG-I Procurement Policy  Action Requested: Consideradoption ofai resolution to comply with the requirements of the revised CDBG-I  Program Procurement Policy.  Supporting Documentation: memo, resolution, policy  Department Head's Approval  City Manager's Approval RB  Aw  Budgetary Impact:  a None  OB Budgeted  Needs Budget Ordinance  Staff Recommendation: adopt resolution  pmbar2n36    KINSTON PUBLIG SERVICES Buildings & Grounds, Business Office, Electric, Engineering, Environmental Services, Fleet! Maintenance, Meter Reading, Stormwater, Streets, Wastewater, and Water Kinston, ther right plac. : Kinston Public Servias, thei right choice.  Kinston 2009  MEMORANDUM  TO: FROM: DATE: RE:  Rhonda Barwick, City Manager Steve Miller, Public Services Director  &114  July 8, 2024  Revised CDBG-I Procurement Policy  The ongoing Lawrence Heights Water and Sewer Replacement Project receives aj portion ofits funding from the Community Development Block Grant - Infrastructure Program. To receive the funding awarded from this program, the City of Kinston must comply with all ofthe CDBG-I requirements. One ofthose requirements is to follow CDBG-I purchasing requirements for all expenses incurred in InJ January, 2024, CDBG-I revised the CDBG-I Program Procurement Policy. The revisions are primarily related to fair competition, ethics, reasonable cost and bid procedures. Since all bidding and procurement processes in our project have been completed, these changes are not expected tol have a significant impact on our project. There are: some revisions included related to change orders, that Attached are the resolution to comply with the requirements, and the revised policy, with revisions shown ini red. respectfully request City Council adopt the resolution, thereby complying with the CDBG-I requirement and allowing us to receive the remaining funds from the $2,000,000CDBG-  the project.  might apply, but are in line with our typical purchasing procedures.  grant for the project.  Please let me know ify youl have any questions.    Procurement Policy and Plan for CDBG-IGrantees  WHEREAS, the City of Kinston will comply with the terms and conditions of federal funding that is awarded and accepted, including, but not limited to, thet terms and conditions ofthe Grant Contract, and the most recent version of the Procurement Policy of the North Carolina Department of Environmental Quality's Water. Infrastructure Division, Communily Development Block Grant-mfrasructure Program WHEREAS, the States were advised by Housing and Urban Development (HUD) to develop their own procurement; policies, andt the CDBG-Infrastructure. Program has developed and adopted the attached policy (CDBG-/Program. Procurement. Policy) as reference for its grantee communities, using portions of2CFR Part 200 "Uniform Administrative Requirements, Cost Principles, and Audit Requirements of Federal Awards," supplemented with NC General Statutes 143-64.31, 143-129, and 143-131; and 24 C.F.R. $ 570.489(g), which explicitly prohibit cost plus a percentage of cost and percentage of construction cost methods of contracting. In addition, all purchase orders and contracts shall include any clauses required by Federal Statutes, executive orders, and implementing regulations including the Section 3 clause, per 2 C.F.R. 200.327 (Appendix II ofPart 200), 24 C.F.R, 570.489 (g), and 24 C.F.R.570.607; WHEREAS, the City ofl Kinston, as the recipient of Federal CDBG funds, acknowledges its responsibility to and willa adhere to thea aforesaid CDBG-I1 Program Procurement Policyofthel North Carolina Department WHEREAS, the City of] Kinston will, to the extent applicable, follow methods of procurement, procure by contracting with small, minority firms, women's business enterprises, and labor surplus area firms, when those entities offer the best! level ofknowledge, skills and abilities for professional services, and when those entities offer the knowledge, skills and abilities and are the lowest cost responsive, responsible bidders in WHEREAS, the City of Kinston will demonstrate contract cost and price awareness and adhere to awarding agency contract provisions (2 CFR Part 200, Appendix II, except for items F and J, which were not adopted by the CDBG-Infastructure Program, as allowed under 2 CFR Part 200.101()(1);  (CDBG-/Program) Procurement Policy), attached;  of Environmental Quality'sDivision: of Water Infrastructure;  building trade and related services; and  NOW' THEREFORE, BEI ITI RESOLVED;  SECTION 1: All procurement of goods and services by the City ofl Kinston with CDBG grant funds  shall be accomplished in accordance with the requirements of the CDBG-I Program Procurement. Policy, and! HUD implementing regulations at24CFRI Part 570.489( (g)and (h), which prohibits cost plus ap percentage ofconstruction cost method of contracting for Federal Statutes, Executive Orders, and implementing regulations including the Section 3c clause, per2C.F.R. 200.327 (Appendix II of Part 200), 24 CFR570.489(8), 24 C.F.R. 570.607, or thel North Carolina General Statutes Chapter 143 applying to procurementi in  services.  SECTION: 2: In addition, all purchase orders and contracts shall include any clauses required by  general by North Carolina municipalities and counties.  CDBG-/Program Procurement Plan & Policy- Updated 1/2024)  Page 1of4    SECTION3: When Federal and State regulations are different, the more restrictive regulation shall SECTION 4: The City ofKinston will adhere tot the following guidelines a dwvingpoummemtofgpal:  apply to thej procurement in question, as outlined in the CDBG-IH Program Procurement  Policy  ands services usingl Federal funds:  A. In all cases where goods or services are procured based on one bid or proposal received, the City of Kinston will follow established principles to verify the reasonable cost of the procurement and shall contact the State Agency supervising the grant program before making any contract award based on non-competitive negotiation. The City of Kinston shall follow all noticing and advertising requirements prior to accepting the single source respondent. Written permission from the CDBG-I Program shall be obtained prior to entering into a single source B. Section 3 certified businesses, and historically underutilized businesses, including women-owned and minority-owned enterprises shall be included on bidders' or professional services' lists maintained by the Town/City/County. Firms shall be solicited for all competitive negotiations, small purchases, and informal and formal bids when such firms are potential competitive sources for goods and services. As applicable, appropriate and tot the extent consistent with law,t the City of] Kinston shall, to the greatest extent practicable under ai federal award, provide preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, Buy American preferences set forth in 2 C.F.R. part 184, for their  contract.  infrastructure project. professional serviçe contracts:  SECTION: 5: The City of Kinston will adhere to the following guidelines during procurement of  A. Professional services shall be procured through the use of Request for Proposals (administrative services) or Request for Qualifications (engineering services). Respondents offering administrative services shall be selected on the basis of the best qualified respondent for the price. Respondents offering engineering services shall be selected on the basis of the best qualified respondent, without regard for price. A written selection procedure shall be used to evaluate. respondents, and those B.The City of Kinston shall develop a written scope. of work for each service to be awarded on the basis of competitive negotiation, which shall include descriptions of tasks to be completed, project timetables, and an outline of fee proposal requirements. The selected engineering services respondent and the City ofKinston shall then enter into competitive negotiations to arrive at a mutually agreeable price for engineering serviçes. All contracts awarded through competitive negotiations shall be awarded strictly on the basis oft the written selection procedure.  records maintained in the procurement: files.  CDBG-/Program Procurement! Plan &F Policy-U Updated 1/2024)  Page 2of4    SECTION6: The City of Kinston will adhere to the following guidelines during procurement of  construction contacts:  A. Construction service contracts shall be competitively bid using sealed bids, with the award going to the lowest responsive, responsible bidder. A minimum ofthree bids  shall be received prior to opening the sealed bids.  SECTION 7: Additionally, the City of Kinston will adhere to the following guidelines during all  procurement:  A. Prior to any contract award, the City of Kinston shall verify the consultant and/or contractor's eligibility toj participate in a federally assisted program. B. Noc consultant or bidder shall assist int the development oft thel Request for Proposals, in the Request for Qualifications, nor the construction bid posting in which the No consultant or bidder shall assist in the evaluation of proposals or bid packages for contracts iny which that consultant or bidder has a direct ori indirect interest. The City ofl Kinston shall adhere to all applicable Federal and State conflict of interest D. The City of Kinston shall request references or check references of contractors or firms who are awarded contracts with Federal grant funds and will request a written warranty fora all goods ands services provided through the small purchase'sprocedure. E. The City ofl Kinston shall not award any contract for federally-assisted projects on F. The City ofKinston shall hold a pre-bid meeting and ap pre-construction meeting for each construction project bid competitively using CDBG-infrastructure funds. Evaluation criteria for the bids may add points for attending the pre-bid meeting of  consultant or bidder has a direct ori indirect interest.  regulations in making contract awards.  acontingency or cost-plus-percentage of construction basis.  contractors, but iti is not a prerequisite.  PASSED BY' THE CITY COUNCIL, KINSTON, NORTHCAROLINA.  Adopted this 16"h day ofJuly, 2024.  CDBG-IF Program Procurement Plan &F Policy- Updated 1/2024)  Page3of4    FORM FOR CERTIFICATIONJ BY THE RECORDING OFFICER  The undersigned duly qualified and acting City Clerk of the City ofl Kinston does hereby certify: That the above/attached resolution is a true and correct copy of the resolution, as regularly adopted at a legally convened meeting ofthe Kinston City Council dulyl held on the 2nd day of. July 2024; and, further, that such resolution has been fully recorded in the journal of proceedings and records in my office, IN WITNESS  WHEREOF,Ihavel hereunto set my hand this 16th day of July 2024,  Debra Thompson City Clerk  CDBG-IProgram Procurement Plan &F Policy- Updated 1/2024)  Page 4of4    ROYCOOPER Govemnor ELIZABETHS. BISER Secretary SHADIESKAF Director  NORTH CAROLINA EmirenmentalQually  Memo  To: Town of Ayden, 19-13117,22-1-4102 Town ofl Boone, 19-1-3102 Town of Bryson City, 16-13153,20-1-3603 Town of Bursville, 16-1-3154, 19-13649,20-1-3604 City of Elizabeth City, 19-I-3648, 21-1-4004 Town ofl Enfield, 16-I-3157, >30,0.36/.2-401 City ofKinston, 18-1-3031 Town ofMount Olive, 15-13161,20-1-3610 Town ofl Robbinsville, 20-L3611,21-1-4002 Town of Stl Pauls, 15-I-3167, 20-1-3617 Town of Scotland Neck, 16-13165,20-1-3615 Town ofVass, 18-I-3039 Town of Waynesville,2 22-I-4111  From: Emily. Bacon, Compliance Specialist, CDBG-Ihfrastruchure Unit, Division ofWater Infrastructure, North Carolina Department ofl Environmental Quality CRB  Date: May 15,2024 Subject: ACTION REQURIED.  Overdue Submission ofUpdated Procurement Plan andl Policy.  Ouri records indicate that your government unit has not submitted the updated Procurement Plan Adopting the updated) Policy is a grant requirement, and failure to do so will result in your funds being frozen. Thet three page resolution that needs tol be adopted, is on CDBG-I's Compliance  and] Policy. This policy was due on March 28, 2024.  and Reporting Information webpage.  Grantees have until July 12, 2024, to submit the adopted policy through our online Document Submission Portal, Ifadditional time is needed, you will need to discuss this  with the Compliance Specialist in advance of the deadline.  Please print a copy ofthis memo and filei iny your grant record(s).  Northo Carolinal Departmento ofEnvronmentaiQualy DMsiono ofWater Infrastructure  DEQ3 512N.5 Sallsburys Street I1 1633MalServke Center Raleigh North Caroina 27699-1633  919.7079160  AnF Fqual Opportunity! Affirmativs Actluul Employer  Equal Houshng, Opportunity    NCI DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATERI INFRASTRUCTURE (DIVISION)  COMMUNITY) DEVELOPMENT BLOCK GRANT-INFRASTRUCTURE UNIT  Policy Title: CDBG-I Program Procurement Policy  Revised: December 20, 2023  Version: 6  Effective Date: January 1,2024  This policy remains effective until iti is amended, superseded, or rescinded.  PURPOSE. AND SCOPE  Goods and services must be procured in an effective manner and in compliance with Federal, State, and local laws. These laws exist to ensure that funds are awarded through fair and open competition and are spent on eligible and reasonably priced goods and services. Per 24 CFR Section 570.489(g), when procuring property or services to be paid for in whole or inp part with CDBG funds, the State shall follow its procurement policies and procedures. The State shall establish requirements for procurement policies and procedures for units of general local government, based on full and open competition where cost reasonableness has been Methods of procurement (e.g., small purchase, sealed bids/formal advertising, competitive proposals, and noncompetitive proposals) and their applicability shall bes specified by the State. Cost plusap percentage of cost andj percentage of construction costs methods of contracting shall Thej policies and procedures shall also include standards of conduct governing employees engaged in the awarding and/or administration of contracts. Other conflicts ofi interest are covered by $ 570.489(h). The State shall ensure that all purchase orders and contracts include any clauses required by Federal statutes, Executive orders, and implementing regulations. The State shall make subrecipient and contractor determinations in accordance with thes standards in 2 This policy is fort the use of Community Development Block Grant-Infrastructure (CDBG-I) Program grantees (Units of General Local Government). This policy was developed to1 replace the Uniform Administrative Requirements of Subpart D of21 Part 200, Sections 200.317-326, Procurement Standards, which does not apply to the CDBG State programs, per 2 Part 200.101(d). This policy takes the most restrictive of the two procurement regulations, either state or federal, and applies them to units of general local government's procurement for the This policy provides for full and open competitions among prospective vendors and bidders. Competition should ensure that the pricing is fair, and the units of general local government are getting a reasonable price for the goods ors services procured. In addition, full and open competition should reduce the potential for conflicts ofinterest and collusion on bids between  determined in advance of contract bidding, per 2 CFR 200.324.  not be used.  CFR2 200.330.  CDBG-I program.  Maximum Full and Open Competition.  CDBG-I Program Procurement Policy v.6  Page 1120    potential bidders and the units of general local government. Maximum full and open  competition:  Prevents fraud, waste, and abuse. Increases visibility and transparency. Receive reasonable prices from qualified contractors. Provides opportunities for all responsible contractors.  Maximizing competition to ensure that procurements are conducted, and contracts are awarded inav way that obtains the most competition that will serve the unit of general local government  well.  This policy strives to avoid the following procurement issues: Insufficient price or rate quotes from qualified sources, Lack ofindependent cost estimates or cost analyses, Af failure to rotate vendors on lower priced purchases, Short limeframes for responding to offers, Ani insufficient number of responsive bidders, Overuse of change orders, Collusive bidding or price fixing, Cost mischarging, Source selection fraud, Fictitious vendor fraud, Failure to check government debarment lists, Overuse ofs small purchase contracts,  Unjustified sole-source contracts,  The use ofunreasonably narrow or specific qualification criteria or bid specifications,  Lack of outreach to minority and women business enterprises, and  An excessive number of small purchases contracts close to the small purchase dollar  limit.  Conflict ofInterest and Ethics.  Units of general local government (grantees), as part oft their procurement processes, must adhere to the conflict-ol-interest regulations, including but not limited to those found at N.C. General Statutes $ 142340,),2CFR $200.: 318(c)(1), $320-321, $323-326, 24 C.F.R. $: 570.489 (g) and (h), and 24 C.F.R. $ 570.611 must be carried out. Iti is the unit of general local government obligation to not only avoid conflicts ofinterest, but also to be alert and question real or apparent Units of general local government must maintain procurement integrity through strong documentation and financial controls to avoid fraudulence, misuse, and abuse of federal funds.  conflicts by any others, including procured consultants and contractors.  Separation ofDuties.  O One method fori minimizing the potential for fraud and abuse in the procurement process is to have different individuals handling different parts of the process. For example, where one individual award the contract or orders the goods or services, as separate individual will review the goods or services for performance and/or delivery, An easy guide for compliance is that employees who handle the money, the mail or the goods purchased should be different from employces managing the  CDBG-1 Program Procurement Policy v.6  Page 2120    bookkeeping and financial accounts. This practice can be difficult in small cities, small departments, or organizations with few employees, but a methodo of oversight must be established toa avoid fraud and unnecessary purchases. The rule of thumb should be that ifan employee touches the money, mail, or goods  purchased, he or she should not touch the books.  Documentation.  Each step in thej procurement process should be documented, from the initial decision to purchase through to final inspection of goods and services and final payment. The records should include, but are not limited to, files on the rationale fors selecting the methods of procurement used, selection of contract type, the contractor selection/rejection process, and the basis for the cost or price ofa contract. The records should also include aj justification for lack of competition when competitive bids or offers are not obtained, and the basis for the award cost or price. Documentation does not end at contract signing but should continue through the delivery of goods and services to record payments, inspection, change orders and cost/price analysis oft the change order. Monitoring the performance of the vendor should be documented through inspections and review of performance  and delivery.  REASONABLE COSTS  Per 2 CFR: 200, a Cost or Price Analysis is required when procuring goods or services with federal funds more than the Simplified Acquisition' Threshold, including contract modifications. Ani independent cost estimate serves as a yardstick for evaluating the reasonableness ofthe contractor's proposed costs or prices. An independent cost analysis consists of evaluating the separate elements (for example, labor, materials, etc.) that make up: a contractor's total cost proposal to determine whether they are allowable, directly related to the requirement, and  reasonable.  Price Analysis - Price analysis is essentially price comparison. Itis the evaluation ofa proposed price (i.e., total sum) without analyzing any of the separate cost elements. Cost Analysis - Cost analysis is the evaluation oft thes separate elements (e.g., labor, materials, profit, etc.) that make up: a contractor's total cost proposal or price to determine ifthey are allowable, directly related to the requirements and ultimately, reasonable. Cost Analysis should apply to both new contracts and contract modifications or change orders. The basic document in the grantee's efforts to evaluate cost and price isan' "independent analysis" based on the procedures described below. The "independent analysis" can be done by grantce staff, by third party consultants, or by examination of existing price lists and product catalogs, but it is not based on bids received. The analysis is done prior to receipt ofb bids or review of proposals. This is the area where most findings have occurred historically because the analysis was not independent, or it was While the procurement method and degree of analysis depends on the facts surrounding the procurement, the following illustrates some oft the cost and price analyses that may be performed  not documented prior to receipt of bids or proposals.  in certain procurement situations.  CDBG-I Program Procurement Policy v.6  Page 3120    Micro Purchases- Micro purchases require simple price analysis prior to receiving bids Small Purchases - Grantees should review the proposed prices, from offerors to prices paid for the same or similar services. Catalog or market prices of products sold to the general public can suffice for cost estimates for equipment and supply purchases. Sealed Bid - Grantees should always prepare their own cost estimate and compare itt to thel low competitive bid received. Ifthey are significantly different, the grantee will need toe evaluate its initial estimate, compare it to the bids received, and identify the Competitive Proposals - To determine the reasonableness of proposed costs, the grantee will need to obtain cost breakdowns showing all the elements oft the scope ofwork and Units of general local government should obtain al breakdown of proposed costs and performa cost analysis ofthose costs. The following are special circumstances involving contracts and cost Cost Reimbursement Contracts - A Cost Analysis using cost principles must be Architecture and Engineering Contracts Cost Analysis is required in determining ift the Construction Contracts - Construction contracts awarded using Sealed Bids do not require Cost Analysis. However, an estimate oft market costs should be made prior to awarding the contract. Construction Contracts awarded using any other method of procurement require Cost Analysis. Some grantees will contract out cost analysis to In addition, changes to the contract will require cost analysis int the following situations: Contract Modifications- - Ifay grantee is negotiating a modification or change order toa contract that changes the scope and/or impacts the price or estimated cost, the grantee should perform further cost analysis. The only exception to this is ifthe modification is based on pricing already established in the contract. A contract where the scope is reduced, and the contract price remains the same will still require further cost analysis to Contract Terminations Ifa grantee terminates a contract for convenience, the grantee must use cost analysis and the appropriate cost principles to negotiate the final amount of termination settlement. Ifthe grantee is terminating a cost re-imbursement contract for cause, the grantee should use cost analysis and the appropriate cost principles to negotiate o Inaddition, contracts must include termination language in the contract when they are over $10,000, as described in Appendix II of2 CFR Part 200.  or proposals. They do not require a cost analysis.  appropriate price.  perform a cost analysis using the appropriate set of principles.  analysis requirements:  performed on: a Cost Reimbursement Contract. cost portion ofa an A/E contract is fair and reasonable.  independent architect or engineering firms.  determine that the change is fair and reasonable.  the final amount oft termination settlement.  Price Analysis.  CDBG-I Program Procurement Policy v.6  Page 4/20    Micro Purchase and Small Purchase procurement methods require price analysis when selecting vendors and suppliers. There are a variety of ways ofa analyzing price, some ofwhich are illustrated below, but the method and degree of analysis grantees used is dependent on the facts surrounding the procurement situation. Price Analysis should be documented in the procurement Compare competitive prices received in response to the solicitation to each other. Compare proposed prices to prices on existing contracts or contracts proposed in the recent past. Bes sure to factor in any changing conditions, including market, inflation, Apply rough approximations and review significant inconsistencies, which may require: a deeper look at prices to determine ifthei items are truly comparable. The types of approximations might include price per pound, per square foot, per hour or other typical Review price lists, catalogs, or market prices of similar products to determine the market  file.  material price changes.  unit pricing mechanisms. prices generally available to the public.  Cost Analysis.  Cost Analysis includes the review and evaluation oft the separate cost elements, including labor, supplies, equipment, profit, overhead and general conditions. Grantees should prepare an independent cost analysis before receiving bids, proposals, and contract modifications. The method and degree of analysis is dependent on the facts surrounding the procurement situation. An independent estimate must be made before receiving bids or proposals ifc one oft the following  applies:  When evaluating competitive proposals.  When there is a sole source or non-competitive proposal.  When only one bidi is received after soliciting bids, the grantee does not have enough data too establish cost reasonableness and the grantee is considering awarding the contract to When negotiating modifications to contracts that impact on the price or estimated cost. When terminating a contract and the contractor is entitled toj payment of reasonable costs  the single bidder. incurred.  When awarding a cost-reimbursement contract.  Thei major categories of costs include both direct costs (direct labor, equipment, supplies, travel and per diem, subcontractors, and other direct costs) and indirect costs (overhead, general and administrative expenses, and profit). In the process of analyzing costs, profit should be analyzed separately, based on complexity oft the work, risk to the contractor, investment required, amount ofs subcontracting involved, and typical profit in the industry. The process for completing a Cost Analysis includes verifying cost data and evaluating the elements ofthe project as described below. Costs that can be charged against the award are the allowable direct costs and the  allocable indirect costs, less any applicable credits.  AlmstiAlmatlivCas (2CFR 200.403 and 24 CFR 570.207 and .610) A cost isallowable under criteria to be allowable under the CDBG program ift the expenditure is: Ber necessary, reasonable, and directly related to the grant program. Authorized by the State-administered CDBG program. Not prohibited under federal, state, or local laws or regulations.  CDBG-I Program Procurement Policy v.6  Page 5120    Consistently treated. Allocable to the CDBG program. Bea adequately documented.  Cost must be incurred during the approved budget period.  Reasonable Costs. (2 CFR: 200.404) For the cost to be allowable, it must also be reasonable. This term is generally defined as what aj prudent business would pay ina competitive marketplace. In determining the reasonableness ofa given cost, pay attention Is the cost generally recognized as ordinary and necessary for the operation ofs your Are the restrictions or requirements imposed by generally accepted sound business practices, arms-length bargaining, Federal and state laws and regulations, and terms Are thej prices or cost comparable to market prices for goods or serviçes for the Are thei individuals performing their duties with good judgment under the circumstances, considering their responsibilities to the organization, its members, employees, clients, the public-at-large, and the government? Have there been significant changes from the established practices oft the organization Allocable Costs. (2 CFR: 200.405) The costs should be related to or required for the performance of the contract. Many costs may be allowable but not related to the work Does the cost incurred benefit both the CDBG project and other projects, and can the  to the following:  organization or the performance oft the award?  and conditions oft the award? geographic area?  that have unreasonably increased costs?  required under the contract, and therefore not allocable. Isthe cost incurred specifically for the CDBG grant? cost be allocated pro-rata across the relevant funding sources? Has an indirect cost plan been approved to allocate indirect costs?  The process for applying cost and price analysis should include the following due diligence Check the accuracy of the cost and pricing information submitted, and evaluate: - Thei necessity for proposed cost items. A cost may be allowable under the cost principles and even allocable to the type of work to be performed, but still not be The: application of audited or pre-negotiated indirect cost rates, labor and fringe The effect oft the vendor's bid approach on potential future costs. Does the vendor have at track record of containing costs (completing contracts at or' "under cost")? Do The projection oft the vendor's cost trends. Is there any indication that the vendor's costs are likely to increase or decrease over the life of the contract? Actual costs previously incurred by the same contractor for the same or similar work. Apply any appropriate inflation factors for past work. Actual costs of the same or similar work performed by other contractors. Previous cost estimates from the vendor or others for the same or similar items.  review.  necessary for the specific contract. benefit rates, or other factors. they frequently have cost overruns? - Compare costs proposed by the vendor with:  CDBG-I Program Procurement Policy V.6  Page 6120    The methods proposed by the vendor with the requirements oft the solicitation (i.e., do the costs reflect the technical approach proposed and the work required?). The grantee's independent cost estimate, either created by grantee staffor for the grantee by an independent architect, engineer, appraiser, etc. Verify that the vendor's cost submissions comply with the appropriate set ofcost  principles.  PROCUREMENT METHODS  Units of general local governments must select from one ofthe following procurement methods Units of general local government can use this method for contracts without soliciting pricing or bids ift the price of the goods or services is fair and reasonable. To the extent practicable, must  based on the type of goods and/or services being procured and their cost.  Micro-Purchases.  distribute micro-purchases among qualified suppliers.  Applies To: Process:  All purchases of goods and services, including construction. Up to the micro-purchase threshold of $10,000.  1. Must distribute micro-purchases equitably among qualified suppliers to the extent 2. Must ensure solicitation from small, historically underutilized businesses, (HUB), minority- and women-owned enterprises (M/WBE), and Section 31 businesses. 3. Cannot divide contract to lower cost below micro-purchase threshold to avoid 4. Ifusing this method for services, check for eligibility at SAM.gov and at the NC Department of Administration Debarred Vendors listing prior toi finalizing the service 5. Can award contract without competition if price is fair and reasonable.  practicable.  competitive bidding requirements.  contract.  6. Must document decision process for the purchase.  Requires needs and rationale documentation. Requires cost reasonableness documentation.  Requires documentation of best efforts to use M/WBE firms when possible. [Cile 2CFR 200. There is no comparable method in State law; therefore, all purchases and service  contracts that mee! the above threshold. must comply with this) federal method.]  CDBG-I Program Procurement Policy v.6  Page 7/20    Small) Purchases.  Units of general local government will use this method as the informal bidding process for goods and services. Units of general local government cannot divide the contract for the purpose of evading competitive (formal) bidding requirements or to get costs under the threshold.  Applies To:  All purchases of goods and: services, including construction. contract modifications that increase total cost. Construction: Cost upt to $250,000 Goods: Cost upt to $89,999 Fixed price, unit price, or not-to-exceed contract types.  $10,001 upt to the Simplified Acquisition Threshold (now $250,000) or the equivalent local/state threshold if more restrictive (iti is for purchase of goods). Threshold includes  Process:  I. Cost or price analysis (updated cost estimate provided by the project engineer) is not required prior to soliciting bids for goods but is required for construction.  2. Obtain price or rate quotes from at least three (3) sources.  3. Must take affirmative steps to ensure solicitation from small, historically underutilized businesses (HUB), minority- and women-owned enterprises (M/WBE), and Section 3 4. Ifusing this method for services, check for eligibility at SAM.gov and at the NC Department of Administration Debarred Vendors listing prior to finalizing the service  business concerns.  contract. 5. Standard ofaward. 6. Documentation for Files.  Award contract to the lowest responsive, responsible bidder. Requires everything required by micro-purchase. information should be consistent for all vendors. Requires cost reasonable documentation.  Requires documented informal solicitation of bids/prices - solicitation Requires applicable federal contracting language and provisions in the written  contract.  [Cite 2CFR SS 200); PDAT: Supplemen! al I1-6, V-8; NCGS 143-131; NCGS 143-131(b)) Purchases and service contracts less than $30,000 are nol: subject lo: state competitive bidding requirements. Per NCGS  143-128.2, local governments mus! establishs good faith efforts prior l0 bid: solicitation.)  CDBG-I Program Procurement Policy v.6  Page 8120    Sealed Bids. bidding requirements. Applies To:  Units of general local government will use this formal bidding process for construction. Units of general local government cannot divide the contract for the purpose of evading competitive  Purchase and service contracts costing more than the Simplified Acquisition Threshold (>$250,000) or the equivalent local/state threshold ifmore restrictive.  Fort the CDBG-I Program, the thresholds are: Construction: $250,001 and over. C Goods: $90,000 and over.  Preferred method for construction contracts above the simplified acquisition threshold. Requires an independent cost estimate or price analysis (updated cost estimate provided by the The CDBG-I program allows specific bid alternates. Bid alternates should only be used as an option to get more work done ift the base bid is low enough that acceptance of an alternate(s) stays within the budget, or to receive prices for different materials, or an alternative construction 1. An Additive bid is al body of work that the grantee may award with the base bid ift there is 2. A Deductive bid is a body ofwork that the owner may delete from the base bid ift there is  project engineer) is required prior to soliciting bids for all types.  Bid Alternates:  method for the project.  sufficient funding after the bids are received. insuflicient funding to award the full base bid.  Thej purpose ofboth Additive and Deductive bids is to build flexibility into the bidding process so that the grantee can award the maximum amount of the project  possible dependent on funding available.  3. An Alternate bidi is al bidi in which the grantec asks for prices for an alternate method of constructing something in the base bid or using alternate materials. The alternate price would be the differential between the price included in the base bid and the price for the alternate method or material. In developing the bid form, it's important to make sure that it's clear that the alternate bid amount should bet the differential price. Alternates that specify a different material to: stay within the budget or get more value for the dollars spent (e.g., base bid has DIP specified and associated unit price. Alternate would propose using PVC in lieu ofDIP. The difference inj price oft the material may or may not make a difference to the owner).  Alternates should stand alone and not dependent on another alternate being accepted or rejected at the time ofa award. Ifit becomes apparent there are sufficient funds to add: scope to the project, the owner must re-procure/re-bid the additional scope ofwork. Adding al bid alternate (i.e., increasing the: scope) that was previously rejected via change order violates this procurement Alternates may not be used tol help "choose the bidder" the grantees want to work with. The base bid and alternates should be evaluated in the same manner for all bidders.  policy.  CDBG-I Program Procurement Policy v.6  Page 9120    Alternates should be used sparingly. Too many alternates may confuse bidders or make the project look so complicated that contractors don'tbid at all. They should be limited toa  reasonable number. Process:  The following process may begin once units of general local government receive bid and design  package approval from thel Division. 1. Coordinate Dates.  Contact the CDBG-I Unit Grant Representative assigned to your project to coordinate pre-bid meeting dates prior to finalizing the bid notice. Ap pre-bid meeting must be held involving all interested contractors and invested parties (CDBG-I Program Staff, Project Engineer, Grant Administrator, and local The meeting must be scheduled to give contractors sufficient time to factor in the additional work required to comply with Davis-Bacon and Section 3 regulations. Ac complete, adequate, and realistic set ofplanslspecifications or purchase All required federal and state language must be int the bid notice. A sample bid notice can be found on the Division of Water Infrastructure website. A digital copy oft the final bid notice must be received by the NCDEQ at the time Public advertisement of at least thirty (30) days prior to bid opening. Solicit bids from an adequate number of known suppliers. responsibility oft the local governments not NCDEQ).  government representatives).  2. Bid Notice.  description is available to bidders.  itg goes out for solicitation.  3. Solicitation of Bids.  At least three (3) direct solicitations, in addition to the public advertisement, and publication on both the state NC eVP: system and HUB websites (this is the Take affirmative steps to directly solicit bids must include qualified HUB, M/WBES, small businesses, and Section 31 business concerns in the area. Section 31 business concerns must meet the requirements of24 CFR Part 75.  4. Minimum Number of Bids Needed.  Public bid opening at date and time advertised.  CDBG-I Program Procurement Policy V.6  Page 10/20    For construction, a 5% bid bond is required for all bidders; performance and payment bonds of 100% oft the contract price is required ofthe winning bidder. At least two (2) bidders for the purchase ofgoods and services, or if the contract At least three (3) bidders minimum are required for bid opening on the first  isac construction repair contract. attempt for construction. opened.  Ifthree (3) bidders DOI NOT bid on the project, the bids MAY NOT be The grantee must then publicly advertise in a newspaper with al larger distribution for at least seven days (NCGS 143-129).  Iftwo (2) or more bids are received, then bids may be opened. Ifone (1) bid is received, then a price analysis must be conducted, and a letter sent to DEQ Division of Water Infrastructure requesting permission to move forward with sole  source procurement.  5. Standard of Contract Award:  Award to the lowest, responsive, responsible bidder. The local governing board approval isi required unless the governing board has delegated award authority to Determination of lowest price must include factors such as discounts, Determination of responsive and responsible, see the NC School of Government's' "Awarding Competitively Bid Contracts, Lowest Responsive Can reject any and all bids for "sound documented reasons" - must be stated in Check for eligibility to receive federal funds at SAM.gov and at the NC Department of Administration Debarred Vendors listing prior to finalizing the Contract awarded on a firm-fixed-price basis in writing with all applicable  an individual official or employee.  transportation costs, and lifecycle costs.  Responsible Bidder Flowchart."  the bid notice.  construction contract. contract provisions.  6. Process after Multiple Failed Attempts the local government must:  Ifal local government has attempted, and failed, to secure a sealed bid after two attempts, Reassess and repackage (i.e., construction timeframe, scope of work, etc.) the project to fit the CDBG-I funds awarded without compromising the LMI.  CDBG-I Program Procurement Policy v.6  Page 11120    Take into consideration the plan holders' comments within your control to Ifapplicable, limit bid alternates no more than three (3). Once this is completed, approved by the NCDEQ CDBG-1Unit, the project can go out for scaled bids under this method from the beginning.  simplify the bids.  7. Overbids and Bid Negotiations  Ifthel bids received exceed the designated budget, the grantee has the following options: Accept the deductive alternates in the bid packet (ifapplicable); or Delete bid items before contract award ifa all bidders agree in writing to changes; Accept the low bid and provide additional local funds.  Reject all bids and re-bid the project; or  or  Per N.C.G.S. 143-129(b), units of general local government cannot negotiate with bidders on projects in the formal bidding range unless the bid submitted by the apparent lowest responsive, responsible bidder exceeds funds available for the project. In this case, the grantee may negotiate with that bidder and make "reasonable" changes in specifications and plans to bring the contract price to within funds available, and then it may award the contract to that bidder. If negotiations are unsuccessful, the project must be re-bid. Any redesign of the procurement project triggers the grantee to reject all bidders and start the procurement process from the beginning to ensure integrity oft the process.  8. Documentation:  Must have a well-documented transparent and formal procurement process, including all steps and decisions on procurement (e.g., required cost reasonable and independent cost estimate, pre-bid meeting minutes, advertisement(s) with an affidavit(s) of publication, copy ofe each solicitation, copy of the NC eVP system and HUB postings, certified bid tabs, written construction agreement with all required applicable federal contracting language and provisions, documentation of  lowest price determination, bid negotiation if applicable).  [Cile 2CFRS200;A NCGS 143-129; NCGS 143-128.2(e). Per NCGS 143-128.2, local governments must  establish good faith efforts prior to bid solicitation.]  CDBG-I Program Procurement Policy v.6  Page 12120    Competitive Proposals for Professional Services. (Reauest for Proposals/RFPS, Units of general local government are required to use this method for specific professional  services where price is one ofther rating criteria.  Applies To:  Procurement of grant administrators, lawyers, planners, accountants, etc. for the project, Acontract costs more than the simplified acquisition threshold (now $250,000). Situations where conditions are not appropriate for the use ofsealed bids.  regardless oft the size of the contract.  The following process may begin once the units of general local government have received an award letter from thel Division. Units of general local government may begin this process prior toa applying tot the Division for funding, ift the request for proposals have specific language in iti in  case the funding application is not awarded.  Process:  I. Appoint al Local Selection Review Committee and/or Person.  Each local government needs to appoint al local selection review committee and lorj person responsible for developing the RFP, receiving the submitted RFPs, reviewing, and evaluating the submissions, and recommending a firm/business to Must have written method for conducting technical evaluations of proposals and  the local governing body. contractor selection.  2, Development of Request for Proposals (RFP).  Must clearly and accurately state the technical requirements and scope of work for Evaluation criteria and relative importance isi identified in the RFP. Iflocal government is giving a preference to Section 31 businesses, this must be The author oft the RFP may not respond to the same RFP. They are ineligible for RFP templates are available on the Division of Water Infrastructure website to  goods and/or services required.  stated in the RFP.  consideration due to conflict ofi interest. assist with RFP development.  3. Solicitation for Proposals.  The Request for Proposals (RFP) must be publicly advertised in a newspaper of general circulation. There must be an adequate number of days (at least fifteen (15) business days starting on the date ofpublication) from the time ofadvertised notice and submission deadline to allow time for respondents to receive a detailed  RFP (ifapplicable), prepare ands submit their proposal.  CDBG-I Program Procurement. Policy V.6  Page 13120    oThere is a short-form RFP local governments may use in a newspaper as a cost saving measure. However, a more detailed RFP must be done. Ina addition, the detailed RFP must be published on the NC eVP system and HUB website (all this is the responsibility ofthel local governments not NCDEQ). The detailed RFP must be directly solicited from at least three sources (responsibility ofe each local government not NCDEQ). Direct solicitations must include qualified HUB, M/WBES, small businesses, and Section 31 businesses in the area to comply with direct Section 3 businesses must meet the requirements of24 CFR Part 75. Must have a minimum oft two (2) respondents to move forward with ac contract. o Ifthere is only one (1) respondent, the RFP must be republished ina newspaper of wider distribution for fifteen business days: in addition to, an Ifonly one: firm responds again, request permission in writing from the DEQ  solicitation requirements.  4. Minimum Number of Proposals Needed.  expanded direct solicitation effort.  CDBG-I Supervisor to use soles source procurement.  5. Review and Ratel Received Proposals.  Any responses to thej publicized RFP must be considered to the maximum extent Evaluations of each proposal must bei in writing and dated. Those evaluations  practical.  must be maintained in the project files. other factors identified in the RFP.  6. Standard of Award.  Responsible firm with the most advantageous proposal, considering price and Check for eligibility to receive federal funds at SAM.gov and at the NC Department of Administration Debarred Vendors listing PRIOR to finalizing the services contract (e.g., grant administrative services, accounting, planning, legal Either a fixed price (a specified price to be paid when the items or services are delivered and accepted) ora cost-reimbursement, /"not-to-exceed" (price is  services, etc.).  usually reimbursed as costs are incurred) contract. The service contract should contain four parts: Partl- Agreement with Effective Dates Part II - Scope of Work and Milestones Part III - Payment Schedule  Part IV. -Terms and Conditions (includes federal provisions and  clauses)  CDBG-I Program Procurement Policy v.6  Page 14/20    7. Documentation.  Must have a well-documented transparent procurement process including, but not limited to advertisement(s) ofRFP, affidavit of publication(s) of RFP, NCeVP system and HUB postings, direct solicitation documentation, evaluation criteria, evaluations of every candidate, responses to proposal received, reason for final [Cite 2CFRS200, No: similar procedure ins state: statute that generally applies to procurement)  selection, councilcommission meeting minutes ofaward.  Competitive (Proposals) Qualifications for Professional Architectural and Engineering Units of general local government: are required to use this method for any qualification-ased solicitation and selection, where price cannot be a factor in the evaluation.  (A/E) Services. (Request for Qwal.fletions/RFO9.  Applies To:  Procurement ofa architectural, engineering, construction management at-risk services and surveying services for the project, regardless of the size oft the contract. This process may not be used for procurement of grant administrators.  The following process may begin once the units ofg general local government have received an award letter from the Division. Units of general local government may begin this process prior to applying to the Division for funding, ifthe request for proposals have specific language ini itin  case the funding application is not awarded.  Requires cost reasonableness and independent cost estimate.  Process:  1. Appoint a Local Selection Review Committee and/or Person.  Each local government needs to appoint a local selection review committee and lor person responsible for developing the RFQ, receiving the submitted RFQs, reviewing and evaluating the: submissions, and recommending a firm/business to Must have written method for conducting technical evaluations of qualifications  the local governing body. and contractor selection.  2. Development of Request for Proposals (RFQ).  Must clearly and accurately state the technical requirements and scope of work for Evaluation criteria and relative importance must be identified in the RFQ; however, price is not a factor in thei initial selection of the most qualified firm.  goods and/or services required.  CDBG-I Program Procurement Policy v.6  Page 15/20    Iflocal government is giving a preference to Section 3 businesses, this must be May use local geographic preferences for the procurement ofthese specific services, provided that this leaves an appropriate number of qualified firms (three) given the nature and size of the project, to compete for the contract. The author oft the RFP may not respond to the same. RFQ. They are ineligible for RFQ templates are available on the Division of Water Infrastructure website to  stated in the RFQ.  consideration due to conflict ofi interest. assist with RFQ development.  3. Solicitation for roposalQualfcation:  Thel Request for Qualifications (RFQ) must be publicly advertised in a newspaper of general circulation. There must be an adequate number of days (at least fifteen (15) business days starting on the date of publication) from the time of advertised notice and submission deadline to allow time for respondents to receive a detailed oThere is a short-form RFQ units ofl local governments may use ina newspaper as ac cost saving measure. However, ar more detailed RFP must The detailed RFQ must be published on thel NC eVP system and HUB website (all thisi is the responsibility oft the local governments notl NCDEQ). The detailed RFQ must be directly solicited from at least three sources (responsibility ofe each local government notl NCDEQ). Direct solicitations must include qualified HUB, M/WBEs, small businesses, and Section 3 businesses in the area to comply with direct Section 3 businesses must meet the requirements of 24 CFR Part 75. Must have a minimum oft two (2) respondents to move forward with a contract. O Ifthere is only one (1) respondent, the RFQ must be republished in a newspaper of wider distribution for at least 15 business days; in addition Ifonly one (I) firm responds the second time, request permission in writing from the DEQ CDBG-I Supervisor to use sole source  RFP (ifapplicable), prepare and submit their proposal.  be done.  solicitation requirements.  4. Minimum Number of Proposals Needed.  to an expanded direct solicitation effort.  procurement.  CDBG-I Program Procurement Policy v.6  Page 16120    5. Review and Rate Received! Proposals.  Any responses to the publicized RFQ must be considered to the maximum extent Qualifications of respondents are evaluated to select the most qualified firm. Evaluations of each proposal must be in writing and dated. Those evaluations  practical.  must be maintained in the project files.  6. Standard of Award.  The most qualified firm, where price is not an evaluation factor in the RFQ. Once the most qualified firm is selected, fair and reasonable compensation can Check for eligibility to receive federal funds at www.SAM.gov and at the NC Department of Administration Debarred Vendors listing PRIOR to finalizing the  then be negotiated.  engineering services contract (e.g., engineering services).  State licensure requirements apply.  Eitherai fixed price (a specified price to be paid when the items or services are delivered and accepted) or a cost-reimbursement/"notto-exceed" (price is usually reimbursed as costs are incurred) contract. The service contract should  contain four parts:  Part I- Agreement with Effective Dates Part II- Scope of Work and Milestones Part III - Payment Schedule  Part IV-Terms and Conditions (includes federal provisions and clauses) Must have a well-documented transparent procurement process including, but not limited to cost reasonableness and independent cost estimate, advertisement of RFQ, affidavit of publication of RFQ, NC eVP system and HUB postings, direct solicitation documentation, evaluation criteria, evaluations of every candidate, responses to the request for qualifications received, reason for final selection, councilcommission meeting minutes of award, written contract with all required  9. Documentation.  applicable federal contracting language and provisions.  [Cie2CFRSS200; 200.320(d)(5); NCGS 143-64.31)  CDBG-I Program Procurement Policy v.6  Page 17120    Non-Competitive Procurement Method.  Units of general local government may request the use oft this method. Must be thoroughly  documented with written approval from the NCDEQ CDBG-I Unit.  Applies To:  Noncompetitive procurement can only be awarded if one or more of the following  circumstances apply.  Applies When:  The acquisition of property or services, the aggregate dollar amount of which does not  exceed the micro-purchase threshold; or The item is available from only one source: or result from publicizing a competitive solicitation; or  The public exigency or emergency for the requirement will not permit a delay that would After solicitation ofar number ofs sources, competition is determined inadequate; or Award agency expressly authorizes noncompetitive procurement in response to a written request. The CDBG-I Program will approve the use ofthe non-compelitive, proposal  procedure on a case-by-case basis only.  Process:  1. Perform independent cost estimate or price analysis if procurement is above the simplified acquisition threshold (now $250,000) or the equivalent local/state threshold if 2. Ifafter thei initial solicitation of proposalsqualifications only one response was received, the unit of local government is required to broaden their initial publication and direct solicitation by republishing in al larger circulation newspaper and expanding direct solicitation efforts. Ifafter the second attempt only one response is received:  more restrictive.  Submit procurement documentation to the NCDEQ CDBG-I Unit to use sole-source  procurement.  Negotiate profit as a separate element oft the contract price.  3. Check for the firm's eligibility to receive federal funds at SAM.gov and at the NC Department of Administration Debarred Vendors listing prior to finalizing the contract. o All required documentation as listed above, plus a copy of the letter to thel DEQ CDBG-I Supervisor requesting permission to use sole source procurement and the response from the DEQ. Also, a copy of the price analysis performed.  4. Documentation.  [Cite 2 CFR $200); NCGS. 143-129(e)(2))  CDBG-I Program Procurement Policy v.6  Page 18120    CONTRACT MODIFICATIONS  To maintain maximum full and open competition with procurement, this policy addresses what Units of general local government can address an unforeseen problem during the progress ofa construction project that was originally bid formally (sealed bids) or informally (small purchases) through change orders instead oft using aj procurement method. In other words, ifa grantee bids out a construction or repair project, and then, during the project, discovers an unanticipated problem that will require additional work (and increased cost), the local Though, to maintain the integrity oft the bidding process, the change order exception must only be used when (I) the change order work fits within the scope oft the original project and (2) the reason for the change is something that was unanticipated or unforeseen at the time the original  type ofcontract modifications are allowed and not allowed.  Change Orders.  government does not have to bid out that additional work.  contract was awarded.  Thus, allowable change orders include:  I. Change orders to account for cost for unforeseen conditions, such as rock or undercut. 2. Change orders may be used for a minor redesign ofa project ift the redesign is required 3. Change order to adjust bid quantities to match those installed. Also known as a final 4. Change order to account for: a change ofi material, such as changing from DIP to PVC. 5. Change order to: add minor scopes ofv work to the project if they are under the threshold  because ofan unforeseeable problem with the original design.  adjusting change order.  for micro purchases. The following will not be allowed:  Change orders to: add scope of work to: a project more than a micro purchase. Change orders that exceed 15% oft the total construction cost. Change orders should account for no more than 15% oft the total project cost unless they represent items I and3 Change orders that appear to circumvent procurement rules for fair and open bidding, etc. (e.g., trying to change order in a bid alternate that was not accepted by the grantee at the Change orders whose purpose is to spend excess funds from the grant (i.e., doing  under the above allowable change orders. time they awarded the contract).  additional paving. just because "we have extra money").  CDBG-I Program Procurement Policy v.6  Page 19120    Change orders that are under the scope of the general contractor but require materials ora Change orders cannot be used to take advantage ofa good deal on a construction project. Change orders cannot be used for fundamental redesign ofa project and cannot be used to"fix" problems in the project specifications if the unit of local general government was  subcontractor not procured during the bidding process.  aware of the problems before awarding the contract.  Other Contract Amendments.  As necessary, units ofs general local government may conduct contract amendments on professional service contracts due to unanticipated circumstances. Any contract amendments that include an increase in costs will not be paid for with CDBG-I grant funds. Grantees must be  ready to pay local funds for said contract amendments.  POLICY HISTORY: Version /Date: V.0/9/12/2017 V.1/4/30/2019 V.2/7/10/2019 V.3/2/1/2021 V.4/6/9/2021 V.5/4/28/2023 V.6/12/20/2023  Name / Changes  Procurement Policy Thresholds processes and steps  Procurement Policy for the CDBG-I Program  Procurement Policy for the CDBG-I Program /C Change in Simplified Procurement Policy for the CDBG-I Program /Expanded on Procurement Policy for the CDBG-I Program /Clarification on solicitation ofHUB, M/WBE and Section 3 CDBG-I Program Procurement Policy/ / Reformate, clarification Updated for new NC digital system for procurement, what needs to happen after multiple failed seal bidding attempts, clarification on cost reasonable requirements, clarification on change orders and contract amendments, and bid negotiations.  CDBG-I Program Procurement Policy v.6  Page 20/20    City of Kinston City Council Agenda  Meeting Date: Tuesday,July - 16, 2024  Agenda Section: Work Session. AND Consent Item Request: Agreement  Agenda Item to be Considered  Presenter: Steve Miller, Public Services Director  Subject: Engineering Agreement-C-130: Project Water Extension  Action Requested: Considera approval ofal Professional Services Agreement with WithersRavenel to perform engineering work associated with a water line extension to the C-1301 Project at the NCGTP, at a cost of$309,000.  Supporting Documentation: memo, agreement  Department Head's Approval  City Manager's Approval RB  &  Budgetary Impact:  Or None  OB Budgeted  R Needs Budget Ordinance  Staff Recommendation: approve agreement  URAEARNRA    KINSTON PUBLIG SERVIGES Buildings & Grounds, Business Office, Electric, Engineering. Environmental Services, Fleet Maintenance, Meter Reading, Stormwater, Streets, Wastewater, and Water Kinston, ther righty plac. : Kinston Public Services, ther rightdioic.  Kinston. 2009  MEMORANDUM  TO: FROM: DATE: RE:  Rhonda Barwick, City Manager Steve Miller, Public Services Director  &  July 9,2024 Engineering Agreement  Water Extension tol Fleet Readiness Center East MRO Complex (C-1301 Project)  On. June 25, 2024, thel North Carolina Transpark held a groundbreaking ceremony for the above project, more commonly referred to as the C-130 Project. The new development will bring 400 technical jobs with an estimated total salary amount of$33.21 million, along with an investment ofover $400 million to construct the facility. Kinston Public Services will be constructing a water main extension to serve Toj perform the engineering and construction administration work required for the water line extension, we have received the attached Professional Services Agreement from WithersRavenel. WithersRavenel was selected based on the results ofthe 2021General Engineering Services RFQ and their familiarity with the project and our system. They are also currently performing work for the NCGTP on a utility The work in the proposal includes surveying, permitting, design, bidding, construction administration and construction observation services. Work will begin this month under the agreement. Construction The estimated cost for the work in the proposal is $309,000. Most activities are included at a lump sum cost, except Construction Observation. This will be charged at an hourly cost and we will only pay for the actual hours used. Funds for this agreement can be appropriated from the Water Capital Reserve Fund. A request will be made at an upcoming city council meeting to establish a project budget for this Irespectfully request City Council consider approval oft the Professional Services Agreement to  the facility. Estimated water usage at full operation is 10,000 gallons per day.  master plan for the airport region.  would be expected to start around April, 2025 and be complete in December, 2025.  expense and the future construction costs for the project. perform the work listed above at a cost of $309,000. Please let me know ify you have any questions.    WithersRavene! Our People. Your Success.  July9,2024 Steve Miller, PE Public Service Director City of Kinston 207 El King Street Kinston, NC: 28501  RE: Agreement for Professional Services City of Kinston' Water System improvements WRF Project No. 23-0049-001  Dear Mr. Miller, attached Agreement. Sincerely, WithersRavenel SONbB  Please find attached the Agreement for Professional Services for the City of Kinston Water System Improvements. Please feel free to contact me with any questions and/or to discuss any aspect of the  Leonard McBryde III, PE Director of Utilities I Wilmington (919)238-0424 I mcnerPwterpentcon  Attachment:  Agreement for the City of Kinston Water System Improvements  219 Station Road, Suite 101] Wilmington, NC: 28405  910.256.92771 I:919.467.6008 wwwwiherravensicon  License No. F-1479 Asheville/Caryl |Charlotte I Greensboro I Pittsboro Raleighl Southern Pinesl Wilmington    WithersRavenel Ourp People.) Vours Success  City of Kinston Water System Improvements Agreement for Professional Services  A. Project Description  WithersRavenel (herein referred to as' "Consultant") is entering into an' Agreement" with the City of Kinston (herein referred to as "Client") for the furnishing of Professional Services of survey, design, permitting, bidding, project management, construction administration, and construction Water distribution system improvements with all required appurtenances to serve the  observation for thef following.  Global Trans Park C-130: site.  B. Timeline for Services  Consultant willl begin scope of work upon receipt of executed. Agreement from Client. Estimated timeframe(s) for the basis of the services described in the Scope of Work int this Agreement are  shown below. Milestone Kick Off Meeting Environmental Survey and SUE Design and Permitting Bidding  Timel Frame 1v week* 1n month* 3months" 4months 2months 8months  Construction Administration/Observation  'These dayso overlap. Thet total time frame fora allt three combinedi ist three( (3) months. timeframe for the Scope of Work tol be seventeen (17) months.  From the above and factoring in variability in the approval process, we estimate the total project Notet the timeframe(s) noteda above may be adjusted dependent on the following: Timeliness and additional permit and/or plan reviews of review agencies. Timeliness ofi information provided by the Client, Architect, and other Client consultants.  Timeframe through construction willy vary! based on: The Client's schedule and phasing. Contractor's progress and adherence to completion date. Client and/or agencies requesting additional work.  Note that the timeframe(s) can be adjusted through negotiation and achieving a mutually agreed upon schedule. Fees may be adjusted based on any timeframe modifications.  City of Kinston Water System Improvements  WRI Project No. 23-0049-001  July9,2024  Page/1    WithersRavenel Our People.) Yours Success.  :. Scope of Services Task1 1 - Environmental  A. Obtain preliminary site information including aerial photos, USGS Quadrangle Maps, B. Conduct a site review to determine if the project site contains jurisdictional wetlands, streams and surface waters. Jurisdictional wetlands will be determined using criteria set forthi in the: 1987 US Army Corps of Engineers (USACE) Wetlands Delineation Manual and applicable Regional Supplement. Streams willl be evaluated using the procedures set forth in the 2010 North Carolina Division of Water Quality (NCDWQ) Stream Classification Delineate: allj jurisdictional wetlands and stream origins within the subject parcels in the field D. Locate all wetland flags and: stream origin flags using a mapping grade Trimble GPS unit. The GPS data willl beu utilizedf for preparation of thee exhibits for agency verification requests. F Prepare: a' Wetland Delineation Exhibit documenting ther results of the wetland delineation for the subject parcels which will be provided to the Client for preliminary planning A. Perform an existing conditions and topographic corridor survey (+/- 30' width) for the B. Horizontal control willl be based on NC State Grid NAD'83 (2011) coordinates. D. Utilize conventional survey methods and GPS/RTK (Global Positioning System/Real Time Locate property corners oft the parcels along ther routei inc order to establish Rights of Way, F. Locate all visible site features and improvements including utilities, storm and sanitary H. Contours will be mapped at a one foot (1.0') minor and fivet foot (5.0) major intervals. Utilize both Electromagnetic (EM) and Ground Penetrating Radar (GPR) to designate utilities within thes specifica area outlinesi int the: attached map. All utilities designated will be marked using APWA guidelines with marking paint and/or pin flags. Irrigation lines will havet their main lines marked from one control box tot ther next. Ina addition toaf field: sketch, A. Conduct a review of compiled data including but not limited to Geographic Information System (GIS) data, as-builts, previous studies, Geotechnical, Survey and SUE provided by B. Evaluate collected data to determine appropriate methods of construction. C Consultant will consider ther necessary logistics for maintaining and minimizing interruption  County Soil Survey and GIS datay prior to conducting: site visit.  Method.  using sequentially numbered Wetland Delineation flagging.  purposes. Task: 2 - Survey and SUE  proposed: alignment oft the water system improvements. Elevations willl be based on NAVD' '88. Kinematic) for data collection. easements and property lines. sewer with rim &i invert elevations. G. Setar minimum of 2 project benchmarks.  a survey willl be done on the findings of thel level B investigation.  Task: 3- Design  the Client.  City of Kinston' Water System Improvements  WRI Project No. 23-0049-001  July9,2024  Page/2    WichersRavenet OurPeople.) Nours Success tos service.  D. Consultant willo conduct firef flow tests one existing water distribution system and model the proposed water mains to determine water main size to provide required fire flow. Once the above has been completed, Consultant will meet with the Client to discuss the design and construction approach options identified witha a goal of determining the design Prepare 60% Plans and Project Manual, 90% Plans and Project Manual, and Final Plans and Project Manual fort the Project. The Client will provide review comments ate each stage. a. 60% Plans and Project Manual: Plans will include a cover, general notes, site plan sheets, plan/profile sheets, project-specific details and standard project details. Project Manual willi include front end documents for bidding, Contractor Agreement, b. 90% Plans and Project Manual: Plans and Project Manual will reflect review Final Plans and Project Manual: Plans and Project Manual will reflect review The design willl be based on and conform to the: standard specifications and details of the Client and North Carolina Department of Environmental Quality (NCDEQ). H. Consultant will utilize the following subconsultant fort the design.  approach on which to develop the drawings.  and technical specifications for construction. comments from the Client's 60% submittal review. comments from the Client's 90% submittal review.  Geotechnical (if needed) submittal: and after the 90% submittal.  The Consultant will attend two (2) review meetings (Virtual) with Client after the 60% The Consultant will prepare and submit to the Client an Opinion of Probable Construction Cost (OPCC) for the Project based on the plans and project manual at the 60% submittal. The Consultant will update the OPCC after 60% and 90% submittal review by the Client K. Coordinate design efforts with NCDEQ, North Carolina Department of Transportation (NCDOT), and other pertinent permitting agencies. Consultant shall submit and obtain all  and willi issue al Final OPCC witht the Final submittal. necessary permits including but notl limited to. NCDOT Encroachment Agreement  NCDEQ Public' Water Supply Authorization to Construct  All submittal, review, or permitting fees associated with the Project willl be paid for by the Consultant. Consultant will address two rounds of comments (make two submittals) for eachy permit application. Additional submittals will be performed on an hourly basis per the A. This Task assumes a single bid process. Additional and/or multiple bids shall be considered B. This Taska assumes noy value engineering. Int thee event thatt the market volatilityi impacts the Project cost beyond what can be reasonably be predicted, additional value engineering to reduce the project scope as to stay within the approved budget shall be considered Assist the Client in advertising the Project for competitive formal bids. This will include  attached Consultant Fee Schedule and billed as Additional Services.  Task 4- Bidding  Additional Services. Additional Services.  City of Kinston' Water System Improvements  WRF Project No. 23-0049-001  July9,2024  Page/3    WithersRavenel Qurp People. Yours Success.  preparing the "Advertisement" for use by the Client for advertising in local newspapers, D. Provide Client electronic copies of construction documents for advertisement and bidding. Conduct a Pre-Bid Meeting In-Person with Client, permit agencies representative, prospective! bidders, andr material suppliers. Consultant willy prepare thea agenda, take notes, F. After the Pre- Bidi meeting, the Consultant willi issue an Addendum witht the Pre-Bid Meeting Summary. During thel bidding phase, Consultant will issue additional addenda as deemed H. Prepareac certified bidi tabulation and issuea a Recommendation to Award to the Client as to A. Perform as site visit documenting the existing field conditions, identify any constructability issues, verify measurements pertaining quantities, determine requirements related to the B. Prepare maps and worksheets to facilitate the necessary fieldwork and data gathering D. Manage the project by keeping the Client regularly informed of progress, providing oversight of the production tasks and managing the monthly billing and invoicing for the  HUB, IPS, Quest, and the Client's website.  and prepare as summary report of the meeting for distribution.  necessary by Consultant and/or the Client. Conduct the! bid opening (virtual). ther responsible low! bidder for the Project.  Task 5 - Project Management  existing water system capacities andr note any project requirements.  related tot thep project. Schedule al kickoff meeting with Client.  project.  E. Coordinate with Client and their Consultant on alignments.  Task 6- Construction Administration  A. Consultant willa attendaP Pre-Construction Conference: at client's facility. Client will facilitate thep pre-construction conference. and Consultant will assist with questions. B. Consultant will act onl behalf of Client and act asi its representative during the construction period. Consultant will provide contract administration required for the Project, including: Carry out the duties and responsibilities of Consultant as stated in the General Conditions and Supplemental Conditions of the Project Manual. Onbehalf of Client, Consultant shall administer the construction contract, respond to Contractor correspondence, issue instructions from Client, and maintain a Documents to be maintained include correspondence, inspection records, shop drawing schedule, change orders, scheduling, Project meetings, costs and disbursement data, progress reports and all other documents pertaining to the Consultant will reviewi inspection reports and respond to Request for Information provided by the Resident Project Representative (RPR) during construction. Consultant will review for conformance (ort take other appropriate action with respect to) shop drawings, samples, the results of tests, inspections, and other data which Contractor isr required to submit for conformance with the design concept and compliance with the information given int the Project Manual. Consultant will receive and review (for general  document file for the Project. construction contract.  City of Kinston Water System Improvements  WRI Project No. 23-0049-001  July9,2024  Page/4    WithersRavenel Our People. Yours Success.  content as required by the Technical Specifications) operating and maintenance schedules andi instructions, guarantees, bonds ando certificatesofir inspectionwhicharet tol be assembled by Contractor in accordance with the Project Manual. Consultant will transmit electronic copies of shop drawings to Client. Included in the shop drawing review is the assessment of alternates proposed by. Contractor. All alternate requests will be reviewed for D. During the construction period to Substantial Completion, Consultant will hold monthly progress meetings fromt the Pre-Construction Conference through Substantial Completion. Int these meetings, Client, Consultant and Contractor will address such items including but not limited to schedules, coordination problems, design conflict, pending change orders, outstanding: shop drawings, procurement delays, material ord construction problems, anda any other issues related to completion of the Project. Consultant will prepare meeting Based on on-site observations, information provided by the RPR, and review of the applications for payment and the accompanying data and schedules, Consultant will determine the percentage of Project completion by Contractor and recommend payments F. Consultant willp provide contract administration services in connection with changes to the construction contract that reflect minor changes or deletions requested by Client, Consultant, or Contractor. Al listing of additional costs and credits as a result of change orders willl be maintained by Consultant. Upon receipt ofar requested change order, it will Consultant will be required to provide NCDEQ a final certification upon substantial completion. Consultant will conduct a walk-through inspection with Contractor and the RPR to determine if the Project has reached substantial completion and prepare a punch list of work items remaining to meet final completion. Consultant will conduct one final inspection to determine if the work is acceptable, sO that Consultant may recommend in writing final payment to Contractor and may give written notice to Client and Contractor that thev worki is acceptable. Acertification willl be provided that the Project is substantially completel based ont the Plans and Project Manual tot thel best of our knowledge. H. Consultant will prepare record drawings based on survey and red line plans provided by Contractor and provide full sizes sets of mylars, DWG's and/or PDFS for Client. A. Consultant willy provide RPR during construction who will provide thei following.  conformance with the Technical Specifications.  summaries for ther monthly progress meetings.  tot the Client and Contractor int the appropriate amount.  ber reviewed with Client.  Task7- Construction Observation  Monitoring the operations of the contractor during construction activities for Observe thei installation of the water: system improvements along with associated Document weather conditions as well as the ability of Contractor to perform the Identify and document non-conformance observed during site visit. B. Inp preparing the estimate for RPR hours, the Consultant's approachi is based on experience withs similar projects, NCDEQ, NCDOT andl local Contractors. During the first month after thel Notice tol Proceed is given, the Consultant assumes that the RPR will need to spend an  general compliance with the Plans and Project Manual. Document the worki in field observation reports.  appurtenances. Observe testing ands start up. work.  City of Kinston Water System Improvements  WRI Project No. 23-0049-001  July 9,2024  Page/5    WithersRavene! Ourp People.) Yours Success.  average of 20 hours a week. Additionally, the construction observer will attend the pre- constructioni meeting, monthly progress meetings andi inta/finalwalk-hough inspections. Consultant assumes that the RPR will need to spend approximately 640 hours on the Project. These hours will be billed on an hourly basis. If the estimated schedule is accelerated, delayed, or the two projects are not constructed simultaneously, the overall The intent of on-site observation is to become generally familiar with the progress and quality of the portion of the work completed, and to determine, in general, if the worki is being performedi ina accordance with the Plans and Project Manual. Consultant shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work and shall not have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the work, since these are solely the Contractofsrightsandresponsbilties: undert the contract documentsint the Project Manual. Based on the site visits, Consultant shall keep the Client reasonably informed about the progress of thea associated workcompleted, anditshall bet the Client'sr responsibility tor make decisions on work progress, changes, and costs. Also, it shall be the Client's responsibility to engage the contractor and schedule to repair any work that needs remediation as identified by the government agencies inspection reports or notices of violations or as D. Consultant is alsor not responsible for posting bonds and financial guarantees or payment of fees and other items related to design and permitting. Consultant is not responsible for finesl levied against the Client for failure to complete corrective actions.  fee willl be adjusted accordingly.  identifiedi in Consultant's reports.  D. Additional Services  Services that are not included in Scope of Services or are: specifically excluded from this Agreement (see below) and shall be considered Additional Services if those services can be performed by Consultant andi if requested in writing by the Client and accepted by Consultant. Additional services shallb bep paidf fork byt the Clienti ina accordance with the Fee &E Expense! Schedule outlinedi int the: attached Exhibit. The exclusions are described below but: are notl limited to thet following.  Planning/Studies Land Planning services unless noted above; Entitlement services; Variance and Quasi-Judicial processes; Traffic Impact Analysis; Signalization Studies; Special & Conditional Use Permits; Project Management Additional Meetings/Site Visits; Adjacent property owner discussions; Neighborhood meetings; Attendance atf formal regulatory meetings unless noted above; Services by Others Architectural: and MEP: services; City of Kinston Water System Improvements  Structural Services; Arborist/Registered Forester Services; Geomatics Services Annexation Plats; Tree survey/cover report by Registered Forester; Platting services; Plot Plans; ALTA Surveys; GISI mapping services; Construction staking Building staking; As-built (record drawing): surveys; Easements, Easement/ROW Plats; Environmental Services Historic Resources Survey; Endangered: Species' Habitat survey; WRI Project No. 23-0049-001  July 9,2024  Page16    WithersRavenel Ourp People.y YourSuccess. Phase I&IIESA's; Design! Services Detailed Builder focused lot fit matrix; Detailed lot grading; Reclaim waterline design; LEED certification coordination; Pavement design; Structura/foundation design; Greenway bridge design & permitting; Boardwalk design & permitting; Signal design; Dumpster enclosure details; Grease trap design; Design associated with Amenity Site; Documents/Drawings Schematic Drawings ast typically defined int the architectural industry; Conceptual Drawings; Sketch Plans; Lot Matrix; Landscape Architecture Services Landscape layout and design; Irrigation design; Hardscape design; Enhanced landscape design! beyond minimum requirements; Entrance/signage feature design; Water feature and/or pool design; Renderings; Parki improvements; Public art design or commissioning Stormwater Services Stormwater Management Plan; Stormwater Pollution Prevention Plan (SPPP) update orr revision. Secondary containment designs; Consultant for this project.  SCM design; Culvert design; Dam inspection, engineering or analysis; Dam breach analysis; Floods studies, floodplain permitting ord coordination with FEMA (such as fora aLOMR-F, CLOMR/LOMR, etc.); Soil Media Mix" Testing and Gradation Certification; Downstream impact analysis; Nutrient calculations; Peak flowa analysis; SCM conversion; Permitting Services Building permits and associated work; 401/404 permitting; Floodplain Development permit; Sign permitting; Construction Services Dryu utility coordination/design: NPDES montoring/reporting: Loan draw certifications; Bonds and Bond Estimates; O&M/SWMP Manuals; Offsite/Specialty Development agreements; Homeowner association documents; Utility allocation agreements; Preparation of electronic files suitable for GPS machine control; Expert witnesses; General Any work previously providedi in other proposals; Any other services not specifically listed within Section.  The above list is not all inclusive and the Scope of Services defines the services to be provided by Both parties agree that certain tasks, e.g., reviews and approvals, are performed by governmental agencies and that all parties have limited influence on these agencies to meet the prescribed deadlines and that neither partyis responsible for delays caused by governmental agencies.  E. Client Responsibilities  Thef following items willl be provided by the Client and Consultant will rely upon the: accuracy and  completeness of thisi information. City of Kinston Water System Improvements  WRI Project No. 23-0049-001  July9,2024  Page17    WithersRavenel OurPeople. Yours Success:  Provide representative for communication: and decisions. Preferred media platforms for communications with the Client; Provide in writing, anyi information as to Client's requirements for design; Attend City meetings as required/needed; Access to property for Consultant and subconsultants; Dscusions/negotations with adjacent landowners; Provide feedback ons sketch plans;  Copies oft the approvedi improvement plans (orr revisions), permits, and any other documents inp possession of the Client that would be of! benefit to completing our services; Provide information as to Client's requirements for design including building plans in Client shall be responsible for acquisition of all off-site utility and/or construction Coordination with contractor ons scheduling or fulfillment of their responsibilities; Anyl legal representation requiring an attorney at law; Client shall direct the Consultant to provide. Additional Services.  AutoCAD dwg format; easements required for this project; Approve payments to contractors;  F. Compensation for Services  1. Lump Sum Fee  Consultant proposes top provide the Scope of Services previously outlined on al lump: sum basis. The: amounts set forthl below! have been determined based on ther nature, scope and complexity of the Project as represented in the information provided to Consultant by Client prior to submittal oft this agreement; subsequent changes thereto may resulti ina additional fees.  Task Number Task1 1 Task2 Task3 Task4 Task5 Task 6 Total  Taskl Name Environmental Survey and SUE Design Bidding Project Management Construction. Administration  Fee $8,000 $62,000 $82,000 $20,000 $20,000 $30,000 $222,000  City of Kinston Water System Improvements  WRI Project No. 23-0049-001  July 9,2024  Page/8    WithersRavenel Ourp People. Yours Success.  a. Consultant may alter the distribution of compensation between individual phases noted herein to be consistent with services rendered but shall not exceed the total b. Thel Lump Sumi includes compensation for Consutantsservices. Appropriate amounts have! beeni incorporated int the Lump Sum to account for labor costs, overhead, profit, Consultant will bill the Client for subcontract expenses based on the unit prices charged for each class of work that has been accepted plus 15%. d. The portion of the Lump Sum amount billed for Consultant's services will be based upon Consultant's estimate of the percentage of the total services completed during  Lump Sum amount unless approvedi in writing by the Client.  expenses, and Consultant charges.  the! billing period.  2. Hourly Fee  Consultant proposes top provide the Scope of Services previously outlined on: an hourly basis at the current rate with an estimated budget as described in the following table, plus expenses. Compensation shall not exceed the total estimated compensation amount unless approved in  writing! by Client. Task Number Task7 Total  Task Name  "Hourly Fee Budget $87,000 $87,000  Construction Observation  "TheseT Tasks are presenteda asa ank hourlyf feey witha al budget duet tot thec difficultyi ine estimating thel hours requiredto a. Client shall pay Consultant for services by an amount equal to the cumulative hours charged to the Project by each class of Consultant's personnel times Standard Hourly Rates for each applicable billing class for all services performed on the Project, plus b. Consultant may alter the distribution of compensation between individual phases of the work noted herein tol be consistent with services rendered but shall not exceed the totale estimated compensation amount unless approved iny writing byClient. The Standard Hourly Rates charged by Consultant constitute full and complete compensation for Consultantsservices, including labor costs, overhead, and profit; the Standard Hourly Rates do not include Reimbursable Expenses or Consultant's d. Consultantsestimate oft thea amounts that willl become payable for specifieds servicesare only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to Consultant under theAgreement. e. When estimated compensation amounts have been stated herein andi it subsequently becomes apparent to Consultant that the total compensation amount thus estimated will be exceeded, Consultant shall give Client written notice thereof, allowing Client to consider its options, including suspension or termination of Consultant 's services for Client 's convenience. Upon notice, Client and Consultant promptly shall review the matter ofs servicesremainingt tob bey tmandmestraN services. Client shall either exercise its right tos suspend or terminate Consultant 'ss services for Client's convenience, agreet tosucho ecA.ed amount, or agree to ar reduction in the remaining services to be rendered by Consultant, so that total  adequately performt thet taskls).  Reimbursable Expenses and Consultant's charges, ifany.  Consultants' charges.  City of Kinston' Water System improvements  WRI Project No. 23-0049-001  July 9,2024  Page19    WithersRavene! OurPeople.) Vour Success.  compensation for such services will not exceed said estimated amount when such services are completed. If Client decides not to suspend Consultant 's services during the negotiations and Consultant exceeds the estimated amount before Client and Consultant have agreed to an increase in the compensation due Consultant or a reduction in the remaining services, then Consultant shall be paid for all services  renderedhereunder. Task Number 1-6 7 Total  3. Fee Summary  FeeType Lump Sum Hourly  Fee $222,000 $87,000 $309,000  The: above fees arel based ont the estimated timelines notedi ini this Agreement. Any adjustments This Agreement is valid 60 days from issuance date whichist the date of correspondence to the Also, note that thea attached Exhibit, Fee & Expense Schedule, is based on Consultant's current rates andr mayl be: subject to change for hourly tasks and any additional services that occur after  tot those timelines may result ina additional fees.  Client through email, cover letter or other form of transmittal.  any adjustments goi into effect.  City of Kinston Water System improvements  WRI Project No. 23-0049-001  July 9,2024  Page/10    WithersRavenel OurP People.) Yours Success.  G. Acceptance  Receipt of an executed copy of this Agreement will serve as the written agreement between Consultant and Client for the Scope of Services outlined in Section C of this document. The Standard Terms and Conditions (Exhibit 1), Fee & Expense Schedule (Exhibit II), and other Exhibits provided inj previous agreements shall be considered part of this Agreements.  OFFERED BY: WITHERSRAVENEL  ACCEPTEDI BY: City of Kinston  Dglalyagnadbyleomard McBrydelll -04'00  dSs Date:2 2024.07,09085325 Signature Leonard McBryde II, PE Name Director of Utilities, Wilmington Title  Date  Signature Name Title  Date  Digitallys signedbyBarble Popp -04'00  BeR- Date20240709085344  Signature Barbie Popp Name Project Coordinator II Title  Date  PREAUDITSTATEMENT: This instrument has been preauditedi in ther manner required by the Local  Government Budget and Fiscal Control Act (NC G.S.: 159-28(a)).  Signature of Finance Officer: Printed Name: Date: Attachments:  Exhibitl I- Standard Terms and Conditions Exhibitl II- Fee & Expense Schedule  City of Kinston Water System Improvements  WRF Project No. 23-0049-001  July 9,2024  Pagel 111    WithersRavenel OurPeople. Your Success. EXHIBIT I Standard Terms and Conditions WithersRavenel, Inc.  Thep proposal submitted by WithersRavenel, INC. (CONSULTANT)is: subject tot thef following terms and conditions, whichf form ani integral part oft the Agreement. By accepting thep proposal, thes services, ora any partt thereof, the CLIENT agrees anda accepts the terms ando conditions outlined below:  1. Payment:  CONSULTANT shall make available to CLIENT copies of all plans and 7. Change Orders: CONSULTANT will treat as a proposed change order any written or oral order (including directions, instructions, interpretations, or determinations)t from CLIENT whichrequestsc changes in the Agreement or CONSULTANT's Scope of Services. If CONSULTANT accepts the proposed change order, CONSULTANT will give CLIENT written notice within ten (10) days of acceptance ofa any 8. Opinion of Cost/Cost Estimates: Since the CONSULTANT has no control overt thec costo ofl labor, materials, equipment or services furnished by others, or over methods of determining prices, or over competitive bidding orr market conditions, any and allo opinions as to costs rendered hereunder, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of CONSULTANT'S experience and qualifications and represent its reasonable judgment as an experienced and qualified professional familiar with the construction industry; but the CONSULTANT cannot and does not guarantee the proposals, bids ora actual costs willr not vary significantly fromo opinionsofp probablec costs preparedbyit. Ifata anyt time the CLIENT wishes assurances as tot the amount of any costs, CLIENT shalle employ anir independent cost estimatort tor makes sucho determination. 9. Assignment: and Third Parties: Nothing under this Agreement: shall beconstrued tos givea any rights orb benefits in this Agreement toa anyone other than the CLIENT and CONSULTANT, and all duties and responsibilities undertaken pursuant tot this Agreement will be for the sole ande exclusivel benefit of the CLIENT and the CONSULTANT andr not for the benefit of any other party. Neither the CLIENT nor the CONSULTANT shall assign, sublet, or transfer any rights under or interests in this Agreement without the written consent of the other, which shall not be unreasonably withheld. However, nothing contained herein shall prevent or restrict the CONSULTANT from independent subconsultants as the CONSULTANT may employing deem appropriate toa assist in thep performance ofs services hereunder. 10. Project Site: Should CLIENT not be owner oft the Project site, then CLIENT agrees tor notify thes site owner of thep possibility of unavoidable alteration and damaget to the site. CLIENT further agrees toi indemnify, defend, and hold harmless CONSULTANT against any claims by the CLIENT, the owner oft thes site, or persons having possession of thes site whicha arer related tos such alteration ord damage. 11. Access to Site: CLIENT is responsible for providing legal and unencumbered: access tos site, including securing allnecessarys site access agreements or easements, to the extent necessary for the CONSULTANT to carry outi itss services. 12. Survival: Allof CLIENT's obligations and liabilities, including! but not limitedt to, itsi indemnification obligations andI limitations ofl liability, and CONSULTANT's rights and remedies with respect thereto, shall survive completion, expiration ort termination oft this Agreement. 13. Termination: Either party may terminate the Agreement with or without cause upon ten (10) days advance written notice, if the other party has not cured or takenr reasonable steps to curet the breachg giving rise to termination within the ten (10) day notice period. If CLIENT terminates without cause or if CONSULTANT terminates for cause, CLIENT will pay CONSULTANT for all costs incurred, non-cancelable commitments, and fees earned to the date of termination and through demobilization, including any cancellation charges of vendors and subcontractors, asv wella as demobilization costs.  a) The CLIENT willp pay CONSULTANT fors servicesa ande expenses in accordance with periodic invoices to CLIENT and a final invoice upon completion oft the services. Eachi invoice is due andp payablei inf fullu uponp presentation to CLIENT. Invoices are past due after 30 days. Past due amounts are subject to interesta atar rate ofo onea ando one-half percent perr month (18% per annum) ont the outstanding balance from the date oft the Ift the CLIENT fails tor make payment to the CONSULTANT within 45 days after the transmittal of an invoice, the CONSULTANT may, after giving 7 days writtenr notice tot the CLIENT, suspend services under this Agreement until all amounts due hereunder are paidi int full. If ani invoice remains unpaid after 90 days from invoice date, the CONSULTANT may terminate the Agreement. If Consultant initiates legal proceedings toc collect the fees owed, Consultant: shall alsobe entitled to recover the reasonable expenses of collection 2. NotificationofBreachort Default:1 The CLIENTS shallp provideprompt written notice tot the CONSULTANT if CLIENT becomes aware of any breach, error, omission, ori inconsistency: arising out of CONSULTANT's services or any other alleged breach of contract or negligence by the CONSULTANT. The failure of CLIENT top provide such written notice within ten( (10) days from thet time CLIENT became aware oft the fault, defect, error, omission, inconsistensyorbreach: shallo constitutea awaiver by CLIENT ofa anya anda allo claims againstt the CONSULTANT arisingo outo of suchf fault, defect, error, omission, inconsistency orl breach. Emails shall bec considereda adequate written notice forp purposes oft this Agreement. 3. Standard of Care: CONSULTANT shall perform its services ina professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of professionals providing the same services in the same or a similar locality as the Project. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT WILL OR CAN ARISE OUT OF THE SERVICES PROVIDED BY CONSULTANT OR THIS 4. Waiver of Consequentiall Damages/LImitation: ofL Liability: CLIENT agreest that CONSULTANT'S: aggregatel liabilityf for anya anda allc claimst that may bea asserted by CLIENT isli limited to $50,000 ort tot the feey paidt to CONSULTANT under this Agreement, whichever is greater. Both CLIENT and CONSULTANT hereby waive anyr rightt top pursue claims for consequential damages against onea another, including any claims forl lost 5. Representations of CLIENT: CLIENT warrants and covenants that sufficient funds are available or will be available upon receipt of CONSULTANT's invoice to make payment in full for the services 6. Ownership of Instruments of Service: All reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by the CONSULTANT as instrument ofs service, shall remain the property oft the CONSULTANT. The CONSULTANT shall retain all common law, statutory and other rights, including thec copyrightt thereto. Int thee event oft terminationoft this Agreement and upon full payment of fees owed to CONSULTANT,  specifications.  invoice.  resulting increasei inc CONSULTANT'sI fees.  including attorney'sfees.  AGREEMENT.  profits.  renderedb by CONSULTANT.  WithersRavenel, Inc.  Standard1 Terms & Conditions Effective! September 14, 2020  Page1    WithersRavenel OurPeople. Your Success.  14. Severability: If any provision of this Agreement, or application thereof toa any person or circumstance, is found to bei invalid then such provision shall ber modified if possible, tof fulfill thei intent of thep parties asr reflected int the original provision. Ther remainder oft this Agreement, ort the application ofs such provision to persons or circumstances other thant thosea ast toy whichitish heldi invalid, shall notbea affected thereby, and each provision of this Agreement shall be valid and enforced to the 15. No Waiver: Nov waiver bye either party of any default byt the other party in the performance of any provision of this Agreement shall operate as orb be construed as a waiver of any future default, whether 16. Merger, Amendment: This Agreement constitutes the entire Agreement between the CONSULTANT and the CLIENT and all negotiations, written and oral understandings between the parties are integrated and merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the 17. Unforeseen Occurrences: If, during the performance of services hereunder, any unforeseen hazardous substance, material, element of constituent or. other unforeseen conditions or occurrences are encountered which affects orr may affect thes services, the riski involved in providing the service, or the recommended scope of services, CONSULTANTwill; promptlyn notify CLIENT thereof. Subsequent tot that notification, CONSULTANT may: (a)i if practicable, in CONSULTANT's solej judgmenta andy witha approval of CLIENT, completet thec originals Scope ofs Servicesi ina accordancer witht thep procedures originallyi intendedi int the Proposal; (b)A Agreev with CLIENT tomodifythe: Scopeo ofServices andt the estimate of charges to include study of the previously unforeseen conditions or occurrences, such revision tol bei iny writing ands signed by the parties and incorporated herein; or (c) Terminate the services effective on the date of notification pursuant to the terms of the 18. ForceN Majeure: Should completiono ofa any portiono of the Agreement be delayed for causes beyond the control of or without the fault or negligence of CONSULTANT, including force majeure, the reasonable time forp performance: shall bee extended fora aperiod at! leaste equal tot the delay and the parties shall mutually agree ont the terms and conditions uponv whichA Agreement may bec continued. Force majeurei includes butis notr restrictedto: acts of God, acts orf failures ofs governmental: authorities, acts of CLIENT's contractors or agents, fire, floods, epidemics, pandemics, riots, quarantine restrictions, strikes, civil insurrections, freighte embargoes, and unusually severev weather. 19. Safety: CONSULTANT is not responsible for site safety or compliance with the Occupational Safety and Health Act of 1970 ("OSHA"). Job site safety remains the sole exclusive responsibility of CLIENT or CLIENT's contractors, except with respect to ONsutAMISomnempiyes. Likewise, CONSUITANThalhaveno. right to direct or stop the work of CLIENT's contractors, agents, or 20. Dispute Resolation/Arbitration: Any claim or other dispute arising out of orr related tot this Agreement shall first bes subject tor non-binding mediation in accordance with the then-current Construction Industry Mediation Procedures oft the American Arbitration Association ("AAA"). Ifmediationi is unsuccessful, sucho claim or other disputes shall bes subject toa arbitration ina accordance with the AAA's then-current Construction Industry Arbitration Rules. Any demand for arbitration shall be filedi in writing with the other party and with the American Arbitration Association. CLIENT agrees tot thei inclusioni ins sucha arbitration (whether byir initial filing, byj joinder orb byo consolidation)of: any other partiesa ando of any other claims arising out of or relating to the Project or to the transaction or occurrence giving rise to the claim or other dispute 21. Independent Contractor: In carrying out its obligations, CONSULTANT: shall always! bea acting as ani independent contractor: and not an employee, agent, partner or joint venturer of CLIENT. CONSULTANT's work does not include any supervision or direction of the work of other contractors, their employees or agents, and  CONSULTANT's presence shall in no way create any liability on behalf of CONSULTANT for failure of other contractors, their employees or agentst top properly ord correctly perform their work 22. Hazardous Substances: CLIENT agrees to advise CONSULTANT upon execution oft this Agreement of any hazardous: substances ora any condition existingi in, on or near the Project Site presenting a potential danger to human health, the environment or equipment. By virtue of entering into the Agreement or of providing services, CONSULTANT does not assume control of, or responsibility for, the Project site or the person in charge of the Project site or undertake responsibility for reporting to any federal, state orl local public agencies, anyo conditions at the Project sitet that may present ap potential dangert tot they public, health, safety or environment except where required of CONSULTANT by applicable law. In the event CONSULTANT encounters hazardous or toxic substances or contamination significantly beyond that originally represented by CLIENT, CONSULTANT may suspend or terminate the Agreement. CLIENT acknowledges that CONSULTANT has no responsibility asa a generator, treater, storer, or disposerc of hazardous or toxic substances found ori identified ata a site. Except to the extent that CONSULTANT has negligently caused such pollution or contamination, CLIENT agrees toc defend, indemnify, and! hold harmless CONSULTANT, froma any claim or liability, arising out ofC CONSVITAMTSPafomanse: of services under the Agreement and made or brought against CONSULTANT for any actual or threatened environmental pollution or contaminationi ift the fault (as defined in! N.C.G.S. 22B-1(fX7) of CLIENT oritso derivative parties (as definedi in N.C.G.S.: 22B-1 103)isaproximate Agreement shall be governed by and construed ina accordance with the law of the State of North Carolina, excluding only its conflicts ofl laws 24. Construction Services: If construction administration and review services are requested by the CLIENT, CLIENT agrees that such administration, review, or interpretation of construction work or documents by CONSULTANT shall not relieve any contractor from liability in regard to its duty to comply with the applicable plans, specifications, and standards for the Project, and shall not give rise toa claim against CONSULTANT for contractor's failure to perform in accordance witht the: applicable plans, specifications ors standards. 25. Field Representative: If CONSULTANT provides field services or construction observation services, the presence oft the CONSULTANT's fieldp personnel will onlybef for the purpose of providing observation: and field testing of specific aspects of the Project. Should a contractor be involved in the Project, the CONSULTANT's responsibility does not includet thes supervision or directionoft the actual work ofa anyo contractor, its employees, or agents. All contractors should be s0 advised. Contractors should also bei informed that neither the presence of the CONSULTANT'S field representative nort thec observation: and testing! by the CONSULTANT shall excuse contractor in any way for defects in contractor's work. It is agreed that the CONSULTANT will not be responsible for job or site safety on the Project and that the CONSULTANT does not have the right to stop the work of any submittals is to determine conformity with the design concept only. Review of shop drawings and submittals does not include means, methods, limited techniques, or procedures of construction, including but not  fulleste extentp permitted! by applicable law. likec ord different inc character.  CONSULTANT andt the CLIENT.  cause ofs such claim orl liability. 23. ChoiceofL Law:1 They principles.  validity, interpretation, and performance oft this  Agreement.  employees.  contractor.  26. Submittals: CONSULTANT's review to, safety requirements.  of shop drawings and other  between CLIENT and CONSULTANT.  WithersRavenel, Inc.  Standard1 Terms & Conditions Effective! September 14,2 2020  Page2    WithersRavene! Our People. Your Success. EXHIBIT II Fee & Expense Schedule Description Funding RAssetManogement  Desciption EnglneringePamaing ConstructionF Project Professional Construction Managerl Construction Managerll Senior Construction! Manager CADT Technician! CADT Technician!! Senior CADT Technician Designerl Designerl! Senior Designer Landscape Architectl LandscapeA Architectll LandscapeA Architectil Senior Landscape Architect Landscape Designerl Landscape Designerll Planning Technician Plannerl Plannerll Plannerl III Senior Planner Project Engincerl ProjectE Engineerll ProjectE Engineerlll Senior ProjectE Engineer Assistant Project Manager Project Manager Senior Project Manager Resident ProjectR Representativel Resident Project Representativel! Resident ProjectR Representativell! Senior Resident ProlectRepresentatiwe Staff Professionall Staffp Professionalll Staff Professionall! Staff ProfessionallV Senior Staff Professional Senior TechnicalC Consultant Client Experience Manager Director Principal Zoning Specialist Project Coordinator! Project Coordinator!! Project CoordinatorlIl Senior Project Coordinator Lead Project Coordinator  Rote 155 GiSSenlors Specialist 160 GISSpecialist 175 GISS Survey Technician! 200 GISS Survey Technicianll 110 GISS Survey Technician! II 125 5IS9 SurveyLead 150 GIST Technician 140 GISA Analystl 160 GISAnalyst!! 180 GISF Project Manager 160 GIsManager 185 FGAMA Assistant Project Manager 205 Intern! 225 Internll 140 FSAMI Implementation: Specialist 150 FSAMP Project Consultanti 120 FSAMP Project Consultant!l 130 FSAME Project Consultant! III 150 FSAME Project Consultant IV $ 175 FGAMS Senior Project Consultantl 185 FGAMS Senior Projecto Consultantl! II 175 F&AMP Project Manager 185 FGAMP Principal 205 FSAMO Director 225 FGAMS Staff Professionall $ 185 FGAMS Staff Professionalll 205 FSAMS Staff Professionalll 225 FSAMS Staff ProfessionallV 105 FGAMS Senlor ProjectManager 125 FSAMS Senior TechnicalConsultant 140 150 GeomaticsCADI 95 GeomaticsCADI 150 Geomatics CADII 160 Geomatics Project Managerl 200 Geomatics ProjectN Managerll 210 Geomatics! Project Managerl! 260 Geomatics Project Professionall 240 Geomatics Project Professionalll 245 Geomatics Principal 270 Geomatics Remote Sensing Crew! 350 Geomatics Remotes Sensing Crewl! Geomatics Survey Crewl 100 Geomatics Survey Crewl 2N Man) 120 Geomaticss Survey Crewl "(3N Man) 130 Geomatics Senlor! Manager 140 Geomatics Survey Tech! $ 150 Geomaticss SurveyT Techll Geomatics SurveyT Techll II Geomatics SurveyT TechV Geomatics Sr.T Technical Consultant Geomatics SUE Crew1 Geomatics SUE Crew2  Rate  Description Environmental  Rote 85 100 $ 105 $ 120 155 170 195 215 $ 195 245 155 170 195 215 270 155 170 195 215 110 135 145 110 135 145 110 135 145 70 85 95 105 95 125 155 75 125 130 135 $1.75 $11.00 PerIRS 1.15 1.15 400  $175 Environmentall Technician! $155 Environmental Technician!! $80 Environmental Technicianl III $105 Senior Environmental Technician $125 Environmental Project Geologistl $140 Environmentall Project Geologist!! $100 Environmental! Project Geologist III $125 Environmental Senlor Project Geologist $140 Environmental/ Assistant ProjectN Manager $ 170 $175 Environmental ProjectN Manager $225 Environmental: Senior Project Manager $ 215 $170 Environmentall Director $70 Environmental ProjectE Engineerl $90 Environmental Project Engincerl! $155 Environmentall Project Engineer III $125 Environmental! Senior Project Engineer $135 Environmentall Principal $140 Environmental! Projects Scientistl $145 Environmental! Project Scientist!l $155 Environmentall Project Scientist! III $160 Senior Environmental Project Scientist $175 Environmental! Scientist $270 Environmental Scientist!l $245 Environmental! Scientistl III 75 Environmental Geologist! $120 Environmental Geologistl $160 Environmental Geologistll! $200 Environmental Professionall $225 Environmental! Professionalll $255 Environmental Professionalll $105 $125 Administrative Assistant $140 Administrative. Assistanti $175 Administrative Assistant!l $185 Administrative/ Assistantl III $215 Marketing/ Administration! $155 Marketing Administration!! $180 Director of Marketing $250 Office Administration $225 Office Administrator! $315 Office Administrator I $160 Office Administrator! $195 $240 Bond Prints (Pers Sheet) $225 Mylar Prints (Pers Sheet) $65 Mileage $95 Delivery-F Project Specific (Distance &F Priority) $125 Subcontractor Fees (Markup) $135 Expenses/F Reprod. /Permits (Markup) $225 $195 ExpertV Witness $265 Effective. January 1, 2024 : Schedule iss subject to change  Geomatics  Environmentals Senior Technica/Consultant $ 240 Administrative  PlojectCoordimtors  Expenses  Other  Engineers Plannersl Surveyors    City of Kinston City Council Agenda  OIBUIS  Meeting Date: Tuesday,July 16, 2024  Agenda Section: WorkSession AND Consent Item Request: Bid Award  Agenda Item to be Considered  Presenter: Steve Miller, Public Services Director Subject: 2024 Road Improvement Project Bid Award  Action Requested: Consideraward of the 2024 Road Improvement Project to Barnhill Contracting Company in  the: amount of$712,755.  Supporting Documentation: memo, bid tabulation  Department Head's Approval  City Manager's Approval RB  &w  Budgetary Impact:  None  1 Budgeted  N Needs Budget Ordinance  Staff Recommendation: award bid    KINSTON PUBLIG SERVIGES Buildings & Grounds, Business Office, Electric, Engineering, Environmental Services, Fleet! Maintenance, Meter Reading, Stormwater, Streets, Wastewater, and Water Kinston, the right! plac.. : Kinston Public. Services, the righto choic.  Kinston  MEMORANDUM  TO: FROM: DATE: RE:  Rhonda Barwick, City Manager Steve Miller, Public Services Director  &il  July 10, 2024  Bid Award-2024 Road Improvement Project  Bids were received on. June 10, 2024 for the 2024 Road Improvement Project. The bid included resurfacing work on eighteen different street segments, as shown in the attached list and map, with a total length of3.35 miles. It also includes thei installation of pavement in a portion of Westview Total funding available prior to thel FY24-25 budget was $595,704.46. This is from funds appropriated in FY22/23 and FY23/24 as well as two capital projects as was discussed earlier this year. For FY24/25, City Council approved $655,400 for street resurfacing, plus $50,000 for additional work on Hardee Road. This creates at total of$1,301,104.46: available for resurfacing in this fiscal year. The low responsive bid received was from Barnhill Contracting Company in the amount of $712,755.00. This does exceed the funds specifiçally allocated for the project ($595,704.46). The two options City Council could consider are to remove some street sections to make an award within the allocated amount or to use aj portion oft the FY24/25 funds to cover the bid amount. Doing sO would leave $588,349.46 available for additional resurfacing this year. Ifwe remove streets from the current Ifwe award for the full bid amount, a second consideration for City Council is whether they would prefer to use the remaining FY24/25 funds in a separate resurfacing project later this year, or use the funds to issue a change order, adding more: streets to this bid award. Our contract language allows us to add upt to 100% oft the original award amount to a contract as long as the change order is for the same type ofv work. IfCity Council would agree with using the funds in a change order, I will prepare a list ofs streets to consider adding to the project for discussion & review at the first August council meeting. Iti is my recommendation that City Council approve the bid award to Barnhill Contracting Company, in the amount of$712,755.00, using the $595,704.46 in previously identified funds, and the remaining amount coming from thel FY24/25 adopted budget. Separately, Ir request City Council consider using the remaining FY24/25 resurfacing funds toj prepare a change order adding additional streets to this  Cemetery that is not currently paved.  project scope, we would add them to the next project.  contract, subject to the approval of City Council.    a  M 1  4  9 1 1 >    Potential 2024 Streets for Resurfacing  RANK  STREET  WORK Resurfacing Resurfacing Resurfacing Resurfacing Resurfacing Resurfacing Resurfacing Resurfacing Resurfacing Resurfacing Resurfacing Resurfacing Resurfacing Resurfacing Resurfacing Resurfacing RECONSTRUCT 69.75  SCORE 59.75 59.75 59.75 60.25 60.25 60.75 61.50 61.75 61.75 62.25 62.25 62.50 62.75 63.75 64.75 65.25  3 Boy Scout Road from Herritage to Plaza 4 Douglas Street from Bright to Shine 5,13 Westwood Drive from Random to end 7 Caswell Street from McLewean to East 8 Hayloft Circle from Farmgate to end 11 Dallas Drive from Sheryl to Sabra 14 Farmgate Road from Airport to Railfence 15 Margaret Lane from Carey to Greenbriar 17 Wilson Avenue from Independence to! Summit 19 Shine! Street from Herritage to Queen 20 Worthington Place from Greenbriar to end 21 Eagle Road from Fitzgerald to Haskett 26 Edgehill Road from Morningside to Wilson 30 Perry Park Drivet from Fairfield to Greenbriar 35 McLewean Street from King to Shine 39 Greenbriar Road from Perry Parki to Walker 42 Hardee Road from Pawnee to Hampton    2024 Road  NCS  Improvement Project Streets Included  Mt  Aous esos  NOS  Vasths  Gas  Grunnsai  N  Hual Fany  PPare Eston  Couttyo Er  N5B  7BSASANS  shle  nv Shemke athapnkns  Mont VerciPa  Lhye  Kinston  -  GMFR  USRVBAD IyniilFak  ENNE    HILLCREST RD  6  E de S 3  CLEVE    City of Kinston City Council Agenda  OISUIRE  Meeting Date: Tuesday, July 16, 2024  Agenda Section: WorkSession. AND Consent Agenda Item: Bid Award Action Requested: Approval  Agenda Item to be Considered  Presenter: Scott Alston, Director of] Parks & Recreation Subject: Emma Webb Project Playground  Supporting Documentation: Departmental Memo, Quotes  Department Head's Approval, x  City Manager's Approval RB  Budgetary Impact: none Staff Recommendation:  Updated Dacmber2017    EATIOA  Vinslon/Dbenoir Gounly  Parks & Recreation Departmenk 2802WESTVERNON. AVENUE . KINSTON, NORTH CAROLINA28504    252-939-3332 . FAX:252-939-3129  Kinston/Lenoir County  TO: Rhonda Barwick, City Manager FROM: Scott Alston, Recreation Director RE: Approval lofE Emma Webb Playground Bid  DATE: July 10, 2024  Kinston/Lenoir County Recreation Department is requesting the awarding of Emma Webb Playground project to Churchich Recreation for the amount of $103,076.73. Churchich Recreation! is member of sourcewell(ID 010521-LTS-3). Sourcewell is aj joint purchasing group: similar to state contracts which facilitate cost saving and purchasing power, Currently, the Emma Webb Park Project, has over $400,000 of available funding to finish remaining items which include a splashpad, playground and an amphitheater. Please: see attached Emma Webb Project budget and contract for more information.    Churchich Recreation (CRD of Hilton Head, 20 Towne Drive PMB 186 Bluffton, SC 29910 843-757-3156 Quote ADDRESS City of Kinston City of Park & Rec 2602 W. Vernon Ave Kinston, Kinston, NC 28502 P.O. NUMBER tof follow ACTIVITY MREC MREC MREC NCI Installation Borders Wood Flber  Inc.)  SHIPT TO City of Kinston City of Park &F Rec 2602 W. Vernon Ave Kinston, Kinston, NC 28502  QUOTE# 4923RV25 DATE 06/12/2024  DESCRIPTION Miracle Recreation #704-094J Play Structure with Shades Miracle Recreation #304W Ten Spin Miracle Recreation #MR0930SW 1 Bay Swing Installation Poly timbers Wood Fiber Surfacing! Material  QTY  RATE  AMOUNT  1 59,999.00 59,999,00T 1 3,800.00 3,800.00T 2 2,560.00 5,120.00T 1 20,500.00 20,500.00T 35.00 2,100.00T 28.00 5,040.00T  60 180  Sourcewell 010521-LTS-3 50% Deposit Required at Time of Order  SUBTOTAL TAX TOTAL  96,559.00 6,517.73 $103,076.73  Accepted By  Accepted Date        Emma Webb Project Budget AsofJ July11,2024  Expenditures:  Items:  Walkways/Trails: $210,000.00  $15,000.00 $63,032.00 $81,663.00  Site Prep: Ditch  Demo/grading $207,476.00 Basketball Goals: $13,866.00  Total Expenditures: (Asof7/11/2024)  $591,037.00  Available Fundingr remaining:S4U8963.00 Remaining Items: SplashPad9287,104.13  Playground-5105,7613 Amphitheater Pad-Pending Basketball Court Fencing-Pending    City of Kinston City Council Agenda  IQINLI  Meeting Date: Tuesday, July 16, 2024  Agenda Section: Work Session AND Consent Agenda Item: Bid Award Action Requested: Approval  Agenda Item to be Considered  Presenter: Scott Alston, Director of] Parks & Recreation Subject: Emma Webb Project Splashpad  Supporting Documentation: Departmental Memo, Quotes  Department Head's Approval x_  City Manager's Approval RB  Budgetary Impact: none Staff Recommendation:  Updatsd Decomber 265.7    Vinslon/Benoir Gounly  Parks & Recreation Department 26021 WEST VERNON, AVENUE . KINSTON, NORTHCAROUNA28504    252-939-3332 e FAX:252-939-3129  Kinston/Lenoir County  TO: Rhonda Barwick, City Manager FROM: Scott Alston, Recreation Director RE: Approval of Emma Webb Splashpad Bid  DATE: July 10, 2024  Kinston/Lenoir County Recreation Department is requesting the awarding of the Emma Webb Splashpad project to Churchich Recreation for the amount of $287,104.13. Churchich Recreation is member of sourcewelI(ID 010521-LTS-3). Sourcewell is aj joint purchasing group: similar to state contracts which facilitate cost saving and purchasing power. Currently, the Emma Webb Park Project, has over $400,000 of available funding to finish remaining items whichi include a splashpad, playground and an amphitheater. Please see attached Emma Webb Project budget and contract for more information.    Churchlch Recreation (CRD ofH Hllton Head, 20 Towne Drive PMB 186 Bluffton, SC 29910 843-757-3156 Quote ADDRESS Cily of Kinston Cily of Park & Rec 2602 W. Vernon Ave Kinston, Kinston, NC 28502 P.O. NUMBER tof follow ACTMITY USA Shade Misc  Inc.)  SHIPTO City of Kinston Cily of Park & Rec 2602 W. Vernon. Ave Kinston, Kinston, NC 28502  QUOTE# 4923RV22 DATE 06/12/2024  DESCRIPTION Installed items: 3ea Cloud 9 3eal Directional Eye 3ea Pony Tail 3ea Simple Spray 3ea. Jet Way 3eal Mission Hill Mister 1ea Solar Spinner 2eal Floor Drains 1ea Wall/floor Mounted Manifold with prev wired controller-8 solenoid valves Crating and Shipping Charge Installation (Utilities and hook up! by others)  OTY  RATE  AMOUNT  USA Shade: 20x1 10x8 8' Cantilever Shades Water Odyssey Splash Pad including the following  2 10,000.00 20,000.00T 1 185,000.00 185,000.00T  Frelght Installation  1  2,950.00 2,950.00T 1 61,000.00 61,000.00T  Sourcewell 010521-LTS-3 50% Deposit Required at Time of Order  SUBTOTAL TAX TOTAL  268,950.00 18,154.13 $287,104.13    Accepted By  Accepted Date    KINSTON PLAN VIEW 18 BL A GA Water Odyssey"byF Fountain People,! Inc.- POBox8 807 San Marcos, Texas7 78667-0807 Phone (512): 392-1155 Fax (512)392-1154- wwwwaterodysey.com  WATER ODVSSEY BYFOUNTAIN PEOPLE APLAYCORE Company  3  W80060  1of1 E 03-03-24    o 7  WATEROPYS    STATE OF NORTH CAROLINA COUNTY OF WAKE Grantee:. Project Number:, 2023-1 1018 Praject' Title:, Emma) WebbPark  CONTRACTOR'S. FEDERALI.D.  566001259  N.C.Parkss and Recreation' Trust Fund Project Agreement  CivofKinston  Period Covered! by This Agrecment: 11/1/20221 tol 10/3112025 amenitles, stream restoration, bridges, contingency.  Project Scope (Deceriptien of Project): Site prep, amphitheater, basketball courts, playgroundsplash pad, trails, site  Project Costs:  PARTP Amount  _500,000 Conditions  Local Govemment Match S 500.000  Thel North Carolina Department of Natural and Cultural Resources (hereinafter calledt the' "Deparimen!"): and City of Kinston (hereinafer refemed to as' "Grantea") agreo to comply with the terms, promises, conditions, plans, specifications, eslimates, procedures, project proposals, maps, and assurances described in the Nortb Carolina Parks And Recreation Trust Fund (PARTF) adminisbrative rules and grant application which are hereby by reference made aj part ofi the PARTF grant contraçt and whicha are on file with thel Division of Parks and Recroation, Ins addition, the Department and the Grantee agree to comply Upon execution oft this grant agreemeni, the Department hereby promises, in consideration of the promises by the Grantee herein, to obligate to the Granteo the grant amount shown above, The Orantce hercby promises to efficienily and effectively monage the funds in accordance with thoa approved budget, top promplly complete grant assisled activities desoribed abovei ina diligent and professional manner within thep project period, and to monitor and réport work performance. The parties to shis contract agres and undersland that the payment of the sums specified in this contract is dependent and contingent upon and subject to1 tha appropriation, allocation and availabllity oft funds fort this purpose tot thel Department. 1. The PARTF grant pmount must be matched on atl least a dollar-for-dollar basis by tho Orantee. To be eligible, costs must be incurred during the contract period, be documented in the grant application, and described in the praject project scopc of this agreement, and initiated and/or undertaken aftor execution of this agroement by the Grantee and the PARTFassisiance for lande acquisition willl be based on! the fair market Valuc ofreal property or the sales price, whichever is less. Value must be based upon an indopendent appraisal by a licensed appraiser holding a general or resldential certification from the North Caroliua Appraisal Board. The Department shall review the appraisal as to content and valuation. Approval of appnired amounts rests with the Department. The Grantee agrees to begin dovelopment on PARTF acquited land witbin tive (5) years oft the dste this contract Is signed by thc Department and Grantee in order to Payment shall be made ins accordance with the contraç! documents as described in the Scope of Work (Attachmont B), Payment for work performed will be made upon recelpt and approval of invoice(s) fiom the Grantee documenting the costs incuredi int the pertommnce ofv work under this contract, Invoices may be submitted to the Contract Administrator  with the State ofNonh Carolina'sTerms: and Condilions Bsl listed in' "Aftachment. A" to this contract.  Now, therafore, they parties) herelo dor mutually agree ast follows:  Sectionk. Divible Proicct CostsAnd. FiscalManagement  Department.  allow generai publc access and use,  1    quarterly. Final invoices must be received by the Department within forty-five (45) days after the cnd of tho contract period or contraci complelion, whichever uccurs first, Accounting revords should be based on gencrally accepled local govemment accounting slandards and principles. Records shall bc rciained for a period of five (5) years following project completion, except those reçords shall be relained beyond five (5) year period Ife audit findings have not been resolved. All accounting records and supporting documents will clearly show the number of tho çontract and PARTF project to which they are applicable. The Stato Auditor shell have access to persons and records as a resull of all conlracis and grants enlcred intol by slate agencles ond or political subdivisions in accordance wilh General Slatutc 147- 4. The Granten agrees to refind lo the Dopariment, subsequen! to audit of the project's financial records, and cosIs The Graniee iAay not deviate from the scope of the project without approval of the Department. Whon one of the conditions ini the coniract chmges,i including! but notl limited to thep project scope,arevisedo eslimate ofcosts,ad delelion or edditions ofi itans, or need 10 exténd the contract period, the Grantce must submiti iny writing al request to thel Department The Ganiees shail bec considered to be ani independent contractor and as such shall bey wholly responsible for the work to be performed and for the supervision of is employees. The Grantec represents that it has, or will secure at its own expense, allg personnel required inp performing the services undert this agreement. Such employees shallr not be employces  64.7.  disallowed orrequired lot ber refunded to thel Deparimen! on account ofaudit oxcoplions.  Section il.. Proiert Exerution  fora approvai.  of, or have: any iedividusl pAtraciuel relationship with the Department. 3. Int the even! the Grantee subcontracis for eny ors allo ofthes services covered by the contraci:  The Grantesi ist not relieved ofs any oft the duties and rosponsibililies providedi int this contraci; Tha sbucontractor sgrees lo mbide by the siandards contained herein or to provide such information 88 to Thes subcontractor agrees lo allows slale and federal authorized representatives access 108 any records pertinent  allow the Grantea to comply with theses standayds, and;  toit ils rolea asas subcontractor.  4. ha accordanca with Execntive Order 12549, Debaiment: and Siuspension, 7 CFR Part 3017, Section 3017.510, the grantee agrves: so1 so subcomet with any vendors debarred or susponded! by the State ofNorth Carolina and shall not knowingly entcr into any lover tier covard Tenseptions withe aperson or vendors whoi is debatred, suspended or declaredi ineligible. 5. The Grantees shall not subsiitule key personnel assigned to! the performance ofthis contract without prior approval by the Deparimeut's Coniract Adminisirator. Mr. Corey Povari is desigoated! by the Gnantee ask key personnel forp purposcs ofthis contreol. "thel Depariment designates, Ms. Vondal Martin, Mnnager ofGranis and Outreach, as the Contrac! Administrator  for Ihe contrct.  epartment Confract Auministrator NCI Sepatnient ofNatural: und Cultural Resourcas Division ofParks end Recreation 1615 Mails Service Cenler Raleigh, NC 27699-1615 Telephones 919-707-93338 Enail: VomiaMatin@ngkygey liakted to! thet following:  Grantee Contract Admuntstrator Kinston/ /Lenoir County Parks and Recreation Altention: Corey Povar Kinston, NC 28504 Telephone: 252-939-3335 Emall: cenypovargelaintonnais  Attcntion: Hs, Voadal Martin, Manager ofGranis and Outreach 2602 W. Vernon. Avenue  The Grantee agiees to comply with all applicable federal, state and local stafutory provisions goveming purchasing, constction, land: acquisition, fiscal mansgement, equal employment opportunity and the environmen! including but nol Loeal Govermnt Budgal nnd Fiscal Contral Act (G.S. 159-7 10 159-42); Formal Contraçis, Inforal Contracis and Purcinasilig (inciuding but not limited to G.S. 44A-26, G.S.87-1 to 87.15.4, G.S. 133.1 to 133-40, G.S, 143-128 to  2    G.S.143-135; Unifom Relocation. Assisiance Act (G.S. 133-51 10 133-18): Conflici ofInterest (G.S. 14-234); Contractors Mus! uise E-Vcrify (G.S. 143-48.5); Americans With Disabilities Acl.of1990 (P.L. 101-336) and ADA Accessibility Guidelines; N.C. State Building Codo; and the) Nonh Carolina Environmental PolicyAct (G.S. 113A-1 10G.S.113A-12). 7. The Grantee agreosi itp provides a drug-free workplace in accordance tot the requlrements oft the Drug-Free Workplace Act The Granice agrees lo permit perindic audits and site inspections by the Department to onsurc work pragress in accordance with the approved projecl, including a ciose-out inspection upon project completion. After project completion, the Grantce agrcest to conduct grant contraçt compliance inspections al least once overy five (S) years and to The Granice agrees land acquired with PARTF assislance shall be dedicated inj perpetuity BS 81 recreation: site for the usc and banefit of ihs public, the dedication will be rçazded in the deed of said property and the property may no! be conveitad to ainer than public recrestion use withour opproval of! the Dapariment. The Grantce agrees to maintain and Snsinael PARTE: essisted davelopmenu renovation projects for public recreation use for a minimum period oft twenly-five 10. The Gmanice agrees to operate and raintein the prject site so as to appear attractive and inviling to the public, kept in reasonably safs cepaic and condition, and open for public use air reasonable hours and times of! Ihe year, according to the 12. If the prajest site is rendered unusable for any reason whatsoever, the Grantee agrees 1o immediately notify tho Departnent of said conditions snd (o make repairs, ai its own expense, in order lo restore use and enjoyment of the 13. The Grantes: mpnas noit fo discriminole against any person on the basis of TACO, sex, color, nafional origin, age, residency ors abiliy int theused ofa a4y propurty or facility acquired or developed pursuant tot this agreement. (a) Mesi Aciihur used nor will USC any appropriated funds forp payment lol lobbyists; (b) Will disclose the Fa01e, address, payment delails, and purposes ofs any agreemen! with! lobbyisis whom Grantee ar i sub-tier conhactoa(s) or ub-grantee(s) will yAy with profits or non-appropriated funds on or after (e) Will file quarterly updates about the use oflobbyistsi ifmaterial changes occuri iu their use.  ands Sales Tax Refund (G.S. 105-164.14(c). of1988 (43 CFR Part 12, Subpart D).  submital Deparimnent providedi inspection report to the Department.  (25) years after projcet completion. tygacffecility: ais KFER,  1. The Gatces shall: azveet to: piace utility lines developca with PARTF assistance underground.  prajecs jy: the pubic. 14. The(iezetifas that ie:  Decembar2 22, 1989; and,  Sertica) IL. Zvuject) erauinatenamiAupleant Elleibility  1. Ths Grantee hny unilaterally rescind this agreement atf Rny time priori to the expenditure oft funds ont thep prject described 2. Ifd Chrough any cause, the Granlee fails to fulfill ins a timely and proper mannor the obligations under this contraci, the Deppriment shall thereupon haye the right to terminate this contract by giving written notice to the Grantee of such icmhation and specifying the reasons thereof. In that event, the Grantee shall be entitled to recejvej just and equitable compensation for anys satisfactory work completedi in an amount which bears the same ratio 10 the! total compensation as 3. Failuce by the Granlee to comply wih the provislous and conditions set forth in the formal applicatlon, PARTF administrative mules and this agreement shall result In the Department declering the Grantec ineligible for further participation in PARTF, in addition (0 any other remedies provided by law, until such time as compliance has been  int this comtct.  thes services achually performed! beart to thet total services ofthe Grantee covered by this contracl.  obteined t6 thes satisfaction oft the Department,  3    Scetion IV. ACtestation Bad Execution  N.C.G.S. $133-32 und Fxecnive Order 24 prahibii the offer to, or acceplonce! by. anys Statc Employee of any gin from anyonc wilh a contrac! with the: State, or from: any person secking (o du business with thc Stato. Bye execution of my response int this procurement, you (Contractor) attesi, for your cutire orgauization and iis emptoyees ur agents, thal you: are nut aware that any In witness whercol. the Depariment md the Girantce have exccuted the Agreement In duplicate originals. DuC of which is  such giRl has! been offered. ncccpted, or promised! by any emplyces ofy your rganization.  retuinedb by escht oft the panics.  CityofKinsion BSano ufGmntssfl.ocal Government) ) DaeDlhnt TypelarPrined) Nane ofoflicinl  SiymtureafGranleet (ChiefE Elccted Onicinl)  Tincofçicial  (Nolary Public Complctes)  State of North Carolina County of Licno  M  Oni this 5". dayo Decpmear 2022 ayaep . o kiown lo me In h the parson described inand who exccutca the foregoing ihstriment, and he (or she) acknowlcdged thai he (or shc) executedt thc samc and boing duly swom by me, made oath that the slatements in thc  personally appeared beiore mel the: said naneu.  Shaeg-  to me known and  foregoing insiriment: aret true,  Myc  capires: SA222  (Seni Herc a/ NOTARY  PUBLIC 95 Rcas HHTI  North Carolina Department of Natural and Cultural Resources  D.Reid Wilson, Sceretary    By:  Depaynent orA forSeretary Wilson  Tille  PeaBs Datan)    AtlachmentA  General Terms and Conditlons Governmental! Entilles May1,2011  DEFINITIONS  Unless Indlcated olhsrwise from the conlexi, thef following lerms shalhavet thef followingr meaningsi Int this Contrect. AB delinllions aret from 91 NCAC3 3M.0102u vnless otherwise noled. lthe rula or slalule that is the source of the defnlion Is changed by the Bdopling authotily, the chenges shell! bet ncorporaledherein. (1) Agency' (as used in the contexi of the definllions helow) means endi Includes every publoo office, pubkc olfrer 0r olficial (Slate orl local, elecledo or appainiad). instluion, hperdt, commission, bureau, oundi, department, euthorityoro othert unit otg govemmentofhe Stale or of any county, vnil, speciel dislicl of olher pallicai suh-agaly of government. For othar puposus h this Contraci, "Agenoy meane the enlily idsatifed; 3 baet afl thep partiesherelo. (2) "udit means an examtnaton of tesrds oI linancial axsunts IOV Vallyi theira RaHECy. Cericnbol of compiance maans a repert providad hyi 1e. Apanwy in hhe Ciks oi uhs Slala Auditor thet sabs thet ths Gtantes h35 ME! tho reporting taamunls aslehlishad by ihis Subchapter and inguauaalsamnent aic Catiles slent ny tho Agenoy a0d GGes at fha: aubaleds ptantsst teporhgp package. 4) CoRg Sps Sipninear rel:a mt de Norih Ceclina Sutat Coniplinncas Soplamant, intahsibyths Sble Fi fcral Goweicvient Flaanee Aanty withln tha HonI Cstehna epiimant ofs Suls Trepsurer lthalh has bec AFLEGI in vbastalny vilh egendes tn assist ths kcai Hilor W identivyiag eyan omp'isnce inmeais 2ad Ruth pcarites fnr lesting tho:a (6) Conast 1PAIS a legal lastanont thel is ucAd lo 19 inaalg bihsBan 1h4: sjeudy, grantes, ant (6) 2se7) VoR 33a3 lha anhush ophnliag yeor DE Ihn (7) FRdI ssistce msas assistsnce thai non- Sie CEdss iha 6t adaninisler R tita fomi of SIs, 1935, loGt guarantees, propery (Incudinty donsied suplus propery), cooperalvo agreaments, bivst subsidles, insurance, food oommodibes, dect ppaopigikcns, and othar assislanca. Financial assihes doss not include amounts tecelvad as tgisthenit for services rendered to! ncivicals lor Miediegna and! Mediceidp pateniservices. (8) 'Findar Slatement" means a repoli providing fingatal slalislics Iolative lo a given part d! an oiganialion's operations ors slalus. "Giant means financlal assislance provded by an agency, granlee, a sub-grantee to cany oui Aclivbes vhereby the giantor bnticpales 1O programmatic invoivameat with thog grantee urs sub-granlee during! the periomance ofti theg grant (10) "Granlee' inas the meaning In G.S. 143-6.2/b): a non-Siaie enlilyt latrecelwasagantolSiaei funds  from a Slate agency, department, or inslilution but does not Indlude any non-Slale audit and other reporting requiremenis enlily subject of tha (o Local ths Govemment Commission. For olher purposes In this Contacl, "Granlee" shall mean the enbly identifed 8s one of the parties herelo. For purposes of this contraci, Granfee also indludes other Slale agencles suchs 8S universities. (11) "Grantor" means an enbily that provides resources, generally financial, tos anothere enlly! In order los achléve aspeclfed goal or objactive. (12) "Non-Slate Enbly has the meaning In N.G.G.S. 6.2/a)(1): A fim, corporalion, parinership, assoclation, 143- counly, unit of local govamment, any otier person, organization, group, org govermental enlty thal Is not a Slate agency, department, or (13) 'Publio Inctitition, Authority has the 6.2(e)(3): Al munidpal comporation that is not al unil of local govemmant or a local govemmental authority, board, commisslon, counel, or agency that Qis nota munlcipal corporalon and (i) operales on an area, reglonal, or muibuni basis, and bie budgeling and eopoubng syslems ofy whlch are nol Aulyaparto oft tha budgobing and acoounung systems of a unit of! local povernment means (14) Single Audir exenination of an organizsbon's fnandal statements, Internalconttos, and compllance with the requirements DfFaeralors Stale awards. (15) 'Specla) Appiopriation* means a leglslative ac Bulhgrizhg the expendure ofad designated amount of puhlc funds fora a spadfcpurpose. (16) 'Siate Funds" maans any funds approprlated by he Noith Carolha Geneial Assembly or colecled by the Slate of Nor Carolina. State funds Include federal fnancial assislence recelved by the Slate and transferred or disbursed to non-Stale enttes. Bolh Federal and Slate funds majntain thelr Idenbily as lhey are sub-granied to othei oiganizabons, Pursuan! (o N.C.G.S. 143-6.2/b), thet tenms' 'Slate gren!f funds' and 'Slato grants" dor notl Include any payment madel byt tha Medicsid program, We Teachers' and Slale Employees' Comprehensiva Major Medical Plan, or olher simdar (17) medical Sub grantee' progyams. has the meaning in G.S. non-Slale enlily thal recelves a grant of Stale funds from a granlee or from anolher sub-grenlee but does not Include any non-Slale enbly subjecl to the audit and olher reporting requirements ol the Local  publo authority, or meaning In N.C.G.S. 143.  gn audit thal Indludes an  fenjiems Suuanles. hosewity,  a 143-6.2(6):  Govamnaen! Commission.    AllachmentA  (18) "Unit ofl Local Goverament has the meaning In G.S. 143-6.2(a/(2): A munlcipal corporalion thal has the power lo levy taxes, ircluding a consobdaled dly- oouniy 85 defined by G.S. 160B-2/1), and al boards, agencies, commissions, authorilies, and Inslilulions thersof that arer nois municipal corporations. Palelionahlps ofthe! Parties Independant Gontrestar: The Granlea! Is ands shall be deemed lo be an independent contractor in the parlormance of his Contract and: as such shalll be wholly responsible fort the work lo be perlomed and for the supervision of lis amployees. The Granlee represenfs fat u has, of ehell secure at lis oWA expense, all psrsomel requiedi Inj performingt the services under this agreeniprt. Sush employeAs shei not ba egloyees of, ot have anyi smdwisualouabadvair relationshbwith,t fieAgency. Subcontracstag: To suheonienst Wofk ie ta; pariormed under this contract whlshi ivolves thas specialized skil ar expertise of lhe Grentes di hs paployees, ths Grantee ist oblalns prior approval Qi ths Agsncy Conttact Aéministtalor. In line evant the Crpetens Shntects for: any or all n ihs savices or activilles covsibCi by this contrac:: (a) the Grantée is not rellavad ol 21 oft the dulias and Aspenoilles rovideu in this COASL (b) ti socontiacur Bgrses h ablta by Iha standads udiasd notein of tos syoviga such afommalion 45 to allov that Gna lod cinply Wi Hiere stsicanis, and; (a) thos subensde 0A4287 1: low state anai facerda authorizet tepresens: y ( 30y ngoids puiinent tol lis role as Suh-graukss: hataahaatiyyanlybitabal bil sun-granis, * LAN. prols AL Sniomiallag APCasSSy la periak thas dsae BEly "a iu: suxins Seif forth Int ha Aoslgans: Ti Ctentea may nG: assiga uc Grantees obigallons Ni EK Gts! toit MB i8cala sayent hareundes. Komser, 1904 Goto's wles least anuxed by (y issiing, 1 3T3 zatboiy, ine igocymyy () Po Nd! hGbss, pynibnt che)dinaclytoa any parand ore CAy derignakdbyt the Granles,o or () tauda: SAV PASOI 6f antily desionelod! by Gientes nS antoezeaont tie Grantee's paynante check(s). Sich appoval anda adion doasi not obligals the Slata (o anyona other dcns TA nlea and tha Granlaar relelns responsible for Bonidlaha: Exe:pta us harelns spetifceliy provided olhenwise, Uhis Conbas Insuras lo the beneit of and Is blading upon the parlies hersto and bkeir raspacbve SuCOBSSOIS. ILis expressly Uuensicod and agreed that the enforcemen! of the terms and condlans 6f1 thls Contracl, ande alirights ofa actont relating los such entorcement, ara siviclyn reservedt tot theA Agency and Vier named Grantsa. Nothing conlahnad! Int this document shall give or alow anye ciaim or tightofaptiony vhatsoever bys any other Ihlid person. Ilis the express Intention of the Agency and Grantee that any  lhidp person (eceiving sarvices or benefts under this Conlactis  anincidental beneficiaryonly.  Indomnlty  Indemnlfication: In the event ofac clelm against ellher party by at thid parly arising oul oft this contraci, the parly whose ections gave rise lot the çlalm ist responslble fort the dafense oft thec daim ande anyr resulting! lablily, providedt thala aparly mayr noll Walve the other parly'ssovere'gni immunlly or similard defenses. The parlies agres (oc consut with each other over the appropriale! handingol ac dam and, in the event they cannot agree, to consulty with the Termination by Mutual Consent: Either parly may terminale this agreement upon! thirly (30) days noliçel Inv willngf from the other parly. In lhat event, all finished or unfinished documenis End other materials, al the oplion oft the Agancy, shall bos subinliled b lhe Agency, Iftha contracl is lerminaled as provided herein, the Grantee Is paldi in an amount which bsars the ssme ratio to the fotal compensalion as tha services acuelly perionned bear (0 the lotal services of the Grantes covarad by (his agreement; for çosls of woik periomed by subcontraclors for the Granlea provided that such subcontracle have baen approved as provided! herein; or fore each fulle day ofservloss perioimed where compensationis basede one sach full day ofs services parformed, less paymento of compensalion previously made. Tha Grantee repays lo the Agency any ohipensation te Grantee hes received which! Is Ine excess oi the paymenti foy wiichh hei is entiledt herein, fells to fuvfill In limely and poper manner the obligations under this agreament, the Agency thereupon has the right lo tsminale lhis contraci by glwiny wilten nolice to the Grantee ofsuch lermination and specifying the reason thereof andt the cffactiva date lisreol. ini thate ovani, all finished or unfinlshed documents, dala, sludies, survays, drawings, maps, models, photograplis, and teports prepared by the Grantee, at the oplion af the Ayancy, be submlited to the Agency, and lhe Ginatce is antilled to receive Just and equitsble comgensslion fot sny selisfaclory work complated on such documenis GAG sther malerials. The Grantse is nol relleved of liability to the Agency for damages suslained by the Agency by virlua of any breach of thls agreement, and the Agancy may wihhold paymen! 10 tha Grantee fort the purposs ofsato offy untils sucht Ume as thee exacl amount of danages due tine Agency from such breach can be delermined. Walver of Dafaui: Waiver by tha Agency of any defauil or breach in compliance with (he (emms of this Contracl Uhe Gianleei is nota a waiver ofa any subsequento delault orb breach and isnoi a modification ofu the lerms oft this Conbact unless slaledk (o bes suchi inv wrilng, signedt by an authorized representative ofu the Agancy andt the Grantee and aflached lo bhsc contract.  Office ofl the Allomey Ceneral.  Defaults and Termination  asubennian, Contc.  Tormination for Vauco: M,  GBU6e, the Grantee  through any  fyidinent GF Alleoniectoulg2ions.  by    AttachmentA  Avallabilily of Funds: The parles to this Contract agree and undersland that the payment ol tha sums specifed in this Contraci is dependen! and contingent upon and subjecl to the appropialion, allocalion, and avalablity off funds for this purpose Forcs Majeur: Neither party is in dofault of Is oblipalions haneunderi iand iisp prevented from! perioming such obilgations by any ACI OIV war, hosble forelgn Action, nudear exploslon, tiol, sirikes, civil inseecton, eaphqueke, hurisane, tomars, of other culastrophler naluralé event ort acto ofGod. Survivel of Promises: AI promises, requirements, lerms, noadkions, pGsiGns, reptestenialons. guarenlees, uad walishlas contalnai Aain: shab SUVVB tha pontad expkaton 0i utatton taer DDASS sparificaly prokded othervise herein, w uAless supeisslet wy; piesis federal or Siate sialules of Gopyilas E Cwaslily of Dallverahlas: Any and all copycghis SS ioi work BAder this ayresinent she!l bsing (0 ti Uranica. Ine Glaniua hereby grants to lhe Noruh Carollna Depariment of Environment and Naturel Resouces a ioyslly-fas, 60n-exolusa, paid up licente to uss, puhlish aS distribute (esuls uf woik under bis Épepmert K Merih Garplins Sisin Gavenmen! pursas Coirpliance with pppucablelaws Complanca witlt Lans: Hi Gfanles UAisistans and agiees hhati is suijert lo compignce vilh Pli lavs, oidhandes, codes, hls, segilas, Badbvaasing Auhemants lhala ae: applcahi9 la ue cosducl oi R buinsss, chiding Los2 d fedeta, sila, Endlosais 3gandeshev. juisdicton dullora aulisxily. Faual Bagluyns Dapsiunk Tne Grentse undersiantis Bsi aRSS Satkisseue las comphonos Wit ai fedensi snf Bhiet tvS:  ings PAPIAARMEDIE eahiiiy.  andi recoids 8s a (ssull of all contracis or granls entered inlo by Slate agencles or pollical subdivisions Ins accordance wih General Slalule 147-64.7 and SeBslon Law 2010-194, Seolion 21 (e., the Slale Auditors andi Interne) auditors may audit the records of the contrector during the (emm of the contract lo verify accounls and data affecling fees or performance), The Contraclor shali retain all tecords for a period of three yaars lolloving complation ofl Ihe contect or untile any audits begun during this period are conpleled and fndings resolved. Record Retention: The Grantee may not destroy, purge or dispose of records Without the express wilien consen! of the Agency. Slele baske rezords retention polcy requlres all granl recards 10 ba retained for a mnimunt of five years or untl al Bidt excsplioss have been resolved, whichever isi longer. Ithe conlracl Is subjeci to Federal polly end reguations, recod islention may h9 longar then fiye yesrs sh0e records mus! be relained fer a period of threa years falowing submisslon oft the fnalfederal Finendal Slalus) Report, ifapplicable, or three yaars lollowing tho subrission of 8 lavised fnal Federal Finandal Sislus Report. Aso, H any ligabion, daim, negoliation, audit, tisaRowancs adion, or ather adion involving this Contrect has slarted bafore expiration oi bia five-year retention period describad abova,t thot tecordsn mustber retalnedu untilc complelonof ihe: action and resolution ofa ali issues which arise from i, or until ths end of #e reguir five-year period described above, Yima Racorda: The Granlea w!l inalataln records of the time pd eilort of each erployoe repalng, compensation from this contract, Ine Rcooidacg wilit the aypropriate OMB droular, Glalce ofLav; The validlyo ofu bhis Contract and any ofist terms o1 pxovisions, ast vall ast thar nghis ande duuss ofhne parties tol his Canlati, aro goyenned by the laws of North Carolina. The Gronles, bys signing! lhis Contract, ageas and submits, solely for mellers conoelalng ihis Conlract, lo ths exclusive jurisdiclion of fhe coutis of Notth Carolins and egrees, solely! for such purpose, thal he exdasive venue fora anyl legal proceedings shalli bel Wake Coualy, Noih Carolina. The place of this Contract and a transacions aAd agreenents relaling to I, and thelr silus and fon, shalli bs Wake Coualy, Notih Caolino, where 8l malters, whother sontng In contract or (ort, refaling to the validily, constucion, Interpretauon, and snforcemenl shall be Aniondmon:: This Contact may nol be amended orally or by perionnence. Anya amendinent: fnust bei mada In written form and ox6(sled by duly authorized reprseentalves oft the Agency and Severabiliy: Int the event thatad oourt of compalen! jurisdiçion ho'ds thala a provision or requirement oft this Contact violales any eppicable! law, each such provision ort requlrement shalle conlinue io ba enforbed (oi the oxienti ilis nol In volalon ofl law orisno! olherwise unonforoaeve ani ali plher provisions and requiernonls oft this Contraclshaliremani ini full force ande eflecl  tot theA Agency.  whichever isi later.  Intiailoll.  maiwiuniPoym/sgme  whichawori is later.  Enly.  MIscellaneous  Cohiiduatiuly  Ghitaniyy: A biviizco by Iw, IN Ciantee keeps Daklvnii ay ian,hon. deta. insineanls, docutnsnis, sadics ui Ipuns yhcn I oi pieparua 9: us:subled by te Grentee undar ths agreement and does nol divulge or make thent vilsbl lo: snyi individual or organizelon withoul thep prior willen approval ofl lhe Agency. The Granlee acknowledges lhat la recahiap, sibiing, procassing ar otherwise dealing with any cohildantaii mcion ivil safeguard and nolf furiher discoss lici ioaha axpt as othervise providedi int Lis Contrack or wihouct bep piory Vriliana approval ofthe Agency. Accyse io Paisons and Records: The Stale Audilor and the buhg agency'st intenala auditors shall have access top parsons  detemmined. bhet Grantea.  Overslght    AttachmanlA  prolils or non- appropriated funds on or afler Decomber 22 1989; and (o) will fle quatlerly updales about the use 0: lobbyistslfr material changes occuri in thelr U50. ByE Execullve Order 24, Issuad by Governor Perdue, and N,C G.S.5 133-32: lis unlawful for any vendor or conlaclor (le architecl, biddes, contracior, construclion manager, desigr professional, englneer, landlord, offeros, seller, subconlactor supplier, o: sendor), tor make gills or lo givef favors (o any Slale employee of the Govemors Cabinet Agendes (0. Administration, Commerca, Correction, Crime Control and Public Safety, Cullural Resources, Environment: and! Natural Resources. Health and Human Servicas, Juvenile Juslice and Delinquency Prevention, Revanue, Transportallon, and the Oifice of (he Goyemol). Dis prohbiton coveIs those vendors and () haveeconlaclw witha agovenwnanla agency:or (2) haver parformed undar such acontraciy within thep past (3) snlidpatest bdngo ons such ac conbectih In thef fulure, For dtidicona lnfommatioin regarding the specibc requiremenls and exemptons, vendors and contraclois are encoureged to raview Execuliva Order 24 andG.S. Sac. 133-32. Excculla Odder 24 aleo encouraged and invited olher Slale  Headings: The Sectlon and Paragraph headings in these General Tarms and Conditions are nol malerial parts of the agreement and should not be used to construe the meaning Time ofthok Essenco: Timel Iso ofthee essoncel int the perlomance Care of! Properly: The Grantee agrees thal itis responsible fort the proper cuslody and care ofa any State owned properly funished him for use In conneclion wilh the perlormance of his contract and Wll reimburse the Slale for its loss or Ouastzhip of aquipmanl purhased under llis conlraci sesls win Ino Avanoy. 1)pnn spprovat of We Agansy Contract Administreint, such eruipment may be relaiced by the Graniee for the lime the Grantoe continuas (o provide Travel FygenGAR: AIL trsval, Indging, and suhsistence costs AB incsdadi int tits wniesit tolal aad ins sosillanal prypvents w 13 matla in eacass uf he coniract alioint indkated In above. Cuaulor nusl adiere lo the inyi, loriging ad subsislenca fales Bsisaishee In hhe Bidget Manual for ue Site of North Sioailich fax Raius: lieighte, s Gianies and all sub- teporisble expandilures before the expanses are enleredi int theit Advurisls: Ys Granten Iy no! HES mo me of Gls Gontreci a: 3 yat 0: PIy naw3 (elass 02 hairlal fecycled Prger: The Grantee ensues that ell publicalions poductd as RuuL aitls contct are printud doubis-sidad Ci ulergh le Aliy: TheAysacyeors AdIV wavalts soygeipa bnusiy u Guicing lilo bs coAbas and fuly (etalas 3 miles d dales 65 prcvidod by AV wh rossest to: Any Oeitis, Kickorcks or Cosiltgoney Fae(s): Tha patios ceily and waisil thal no graluldes, Kickbacks or vontinganuy iasfs); ate psidi in Chaéction with thls contreci, nor are any fees, somisslons, pidts aro other considerations mads conlhgent upon Lobbying: The Grantee cerlfes thel it (a) has neiher used AUF wi: U5e ny aproprialed (unds for paymenis to! lobbyisi; (p) Mi ditcloss the name, address, paymant dalails, and yuguse oi any agreement with! lobbylsis whom the Grantes or iis sub-lier contraclor(s) or sub-giantee(s) wil pay wihh  Ihsreof. ofthis Contrac.  damage,  coniractors who:  sricasi bagual uadari thls cantracl.  yaaruf  Curolua,  griatees st: (a). ssk the Noil Caolina Deparitnent d Agandlas lol Implement tho requirerents and prohiblbons oft the Rewue to: arclosd cf disnes auit lisa laxts! palu by Ihgni l Execulh O:dar lo Welt agencles. Vendors and conbaclors licg pesomecsuid ds Coxrant, pasucnlbrs." 15-104.14; should conict olher Slale Agencies to delermine I those en3 () aniuse sl rehuvavle sules and Use taxes from ail zgencyshaven aceptedE Execubve Order 24,  Thwpeatys. sevr. rsapoleipaye.  SUGDEN.  keynitoci.  as Aibi bs ronifact.    Attachment! B  Scope of Work  North Carolina Division of Parks and Recreation  Parks and Reoreation Trust Fund = Grants Program for Local Governments  Grantee:  City of Kinston  THe of Prnjost: Emma Wehb Park Project Number: 1018 Contract Number: 2023-1018 Amount oi Grant: $600,000 Amount of Match: $500,000  Gontact Person for Project: Corey Povar  Title: Addruss: Telephone: Genkent einaii atdress: ency,  Director of Parks and Recreation Kinston/Lenoir County Parks and Recreation 2602 W. Vernon Avenue Kinston, NC 28504 252-939-3335 eypoarocAnsonncus  Scopas u Frojeut: Site prep, amphitheater, basketball courts, playgroundsplash pad, trails, site amenities, stream restoration, bridges, Lengjuhi of! Project: 36 months (11/1/2022. 1 10/31/2025)  >citriie YB Maimbrsements: Grantee mays submit bills quarterly aftera a sighicant portion of work has been completed on the project element(s). Not mnora inan 90% oft the grant will be reinibursed until the grantee completes the projel shnAts speallied in the grant (rafer lo detallad budget submitted with ha Gy of Kinston grant egplication and suppon documentation are, by reisrencs, part oft the contract. The administrative rules oft the N.C. Parks and Recreation Trust Fund are, by reference, a part oft tha contract.  granc application).    City ofKinston City Council Agenda  IORSUIRES  Meeting Date: Tuesday, July 16, 2024  Agenda Section: Worksession Discussion Item Request: Information Only  Agenda Item to be Considered  Presenter: Elizabeth Blount, Planning Director Subject: Update on Social District - Points of] Emphasis  Action Requested: None  Supporting Documentation: Memo, $ 18B-300.1. Authorization and regulation of social districts.  Department Head's Approval  City Manager's Approval RB  Budgetary Impact: Staff Recommendation: None  R None  Budgeted  J Needs Budget Ordinance  Updated September 205.6    City of Kinston  RHONDAI BARWICK CITYMANAGER JAMESP.CAULEY CITYATTORNEY DEBRA1 THOMPSON CITY CLERK  MAYORI DONI HARDY COUNCILMEMBERS: BARBARA: SEAFORTH FELICIASOLOMON CHRISJ.SUGGS ROBERTSWINSON.IV  MAYORI PRO' TEM ANTONIO! HARDY  MEMORANDUM TO: DATE: July 9,2024  Mayor and City Council  FROM: Elizabeth Blount, Planning Director SUBJECT: Social District Points ofClarity  Background: thej public. alcohol.  Downtown Kinston Social District officially opened on. July 3,2024. Planning staffs spoke with a few citizens and realized that ai few notes concerning social districts may need to be highlighted to City Council as well as 1) Alcoholic beverages from one establishment may not be taken into another establishment that sells  Per the ABC Commission, an individual cannot take a drink from an ABC Permittee Establishment and walki into another ABC Permittee Establishment that holds Retail Permits. One can only walk into a non-permittee establishment that does not hold ABC Permits and that establishment must  allow alcohol within their establishment.  Definition  Non-permittee business. Al business that is located in a social district and does not hold Permittee. - An establishment holding any of the following permits issued by the a. An on-premises malt beverage permit issued pursuant to G.S. 18B-1001(1). b. An on-premises unfortified wine permit issued pursuant to G.S. 18B-1001(3). C. An on-premises fortified wine permit issued pursuant to G.S. 18B-1001(5). d. A mixed beverages permit issued pursuant to G.S. 18B-1001(10). e. A wine shop permit issued pursuant to G.S. 18B-1001(16). f.A distillery permit issued pursuant to G.S. 18B-1100(5).  any ABC permit. Commission:  Ref: $18B-300.1.. Authorization and regulation of social districts.  POI Box: 3391 Kinston, NC 28502  www.kinstonne-gov  252-939-3115    Page 2of2  2) Aj person cannot buy one drink from an ABC Permittee and keep reusing the cup from day  tod day  Customer-Purchased open containers of alcoholic beverages allowed in the social district shall only be in clear cups (no more than 16 fluid ounces) with the city social district logo that clearly displays the name oft the ABC Permittee establishment AND1 the date sold. The  cups must display the current date inscribed by the ABC Permittee.  3)) Possession and consumption of an open container of an alcoholic beverage in a social district  must remain within the boundaries of the social district.  Customers participating in the social district are not allowed to carry their alcoholic beverages outside of the district boundaries. Customers shall properly dispose of any alcoholic beverage before exiting thes social district. Any person found witha alcohol outside oft the district may be criminally charged. Also, customers may only possess and consume open containers of alcoholic beverages within the social district during the days and hours  set by the City- - Monday through Sunday from 10 am to 11 pm.  4) All businesses within the social district may not have a social district decal.  The approval of the Downtown Kinston Social Districti is still new and we are still receiving interest forms. Asocial district mayii include privately owned property, including permittees and non-permittee businesses. A customer may not bring an alcoholic beverage into a non-permittee business that does not display the social district decal. Remember, every  business located in the social district is not required to participate.  Other questions about the social district, the maintenance plan and participating businesses may be found on the City of Kinston Planning Page, Downtown Kinston Social District. You may also call the Planning  Department at 252-939-3271 for clarity.  MAYOR DONI HARDY  Sammy Aiken  Chris J. Suggs Mayor Pro Tem Antonio Hardy  Felicia Solomon Robert Swinson, IV    $18B-300.1. Authorization and regulation ofsocial districts.  (a) Policy. - The intent of this section is to regulate open containers of alcoholic beverages that customers ofap permittee take from the permittee's licensed premises into another area where consumption of the alcoholic beverages is allowed. This section shall noti in any way limit the consumption or possessionofalcoholic. beverages otherwise: allowedi under this Chapter.  (b) Definitions. - The following definitions apply in this section:  (1) Customer. - A person who purchases an alcoholic beverage from a permittee (2) Non-permittee business. - A business that is located in a social district and (3) Permittee. - An establishment holding any oft the following permits issued by a. An on-premises malt beverage permit issued pursuant to An on-premises unfortified wine permit issued pursuant to An on-premises fortified wine permit issued pursuant to A mixed beverages permit issued pursuant to G.S. 18B-1001(10). A wine shop permit issued pursuant to G.S. 18B-1001(16). A distillery permit issued pursuant to G.S. 18B-1100(5).  that is in a social district. does not hold any ABC permit. the Commission: b. C. d. e. f.  G.S. 18B-1001(1). G.S. 18B-1001(3). G.S. 18B-1001(5).  (4) Social district. - A defined area in which a person may consume alcoholic beverages sold by a permittee. A social district may include both indoor and outdoor areas ofbusinesses within or contiguous to the defined area during the days and hours set by the local government by ordinance pursuant to subsection (d) oft this section. A social district may include privately owned property, including permittees and non-permittee businesses, and multi-tenant establishments, as defined in G.S. 18B-1001.5, and public streets, crosswalks, or parking areas whether or not the streets or parking areas are closed to  vehicle traffic.  (c) Local Ordinances Authorized. - Pursuant to G.S. 153A-145.9, a county may adopt an ordinance designating one or more social districts in the parts of the county outside any city. Pursuant to G.S. 160A-205.4, a city may adopt an ordinance designating one or more social (d) Requirements for Designation. = A social district designated under this section shall (1) The social district shall be clearly defined with signs posted in a conspicuous location indicating which area is included in the social district, the days and hours during which alcoholic beverages may be consumed in the social district, the telephone number for the ALE Division and the local law enforcement agency with jurisdiction over the area comprising the social district, and a clear statement that an alcoholic beverage purchased from a permittee for consumption in a social district shall (i) only be consumed in the social district and (ii) be disposed of before the person in possession of the alcoholic beverage exits the social district. The hours set by a city or county during which customer-purchased alcoholic beverages may be consumed in a (2) The city or county, or the city's or county's designee, shall establish or approve management: andi maintenance plans for thes social district and post these plans, along with a rendering of the boundaries of the social district and days and  districts.  meet all of the following requirements:  social district shall bei in accordance with G.S. 18B-1004.  G.S. 18B-300.1  Page 1    hours during which alcoholic beverages may be consumed in the social district, on the website for the city or county. The city's or county's designee may include a private entity, including a property owner or property owner's association. Any plan established under this subdivision shall be approved by the governing body of the city or county. The social district shall be maintained in a manner that protects the health and safety of the general public. The city or county may establish guidelines in the ordinance establishing the social district or in its management and maintenance plan to allow for suspension of regular days and hours of alcohol consumption in all or part ofa a social district during events requiring other permits pursuant to (3) Before allowing consumption of alcoholic beverages in a social district, the city or county shall submit to the Commission a detailed map of the social district with the boundaries of the social district clearly marked, and the days and hours during which alcoholic beverages may be consumed in the social district. The city or county shall only be required to submit a revised map to the Commission if the city or county amends the geographic footprint ofa social district. A permittee may be included in the social district even ifit chooses to exclude open containers of alcoholic beverages purchased from (4) The city or county, or the city's or county's designee, shall develop or approve uniform signsi indicating that a non-permittee business is included int the: social district and allows alcoholic beverages on its premises when the social district isa active and distribute the signs to non-permittee businesses that are included in the social district. The city's or county's designee may include a private entity, including aj property owner or property owner's association. The signs may bei in the form ofas sticker, placard, or other format as deemed appropriate by the city or county. A participating non-permittee business shall display the uniform sign at all times during the times when the social district is active. A customer may not bring an alcoholic beverage into a non-permittee business that does not display the uniform sign. No non-permittee business shall be required to participate or be included in a social district or to allow customers  subsection () ofthis section.  other permittees int the social district.  tol bring alcohol onto its premises.  (e) Open Containers Sold by Permittees. - A permittee located ina as social district may sell open containers of alcoholic beverages and allow customers to exit its licensed premises to the  social district in accordance with the following requirements:  (I) The permittee shall only sell and serve alcoholic beverages on its licensed (2) The permittee shall only sell an open container of an alcoholic beverage for consumption in the social district and off the premises of the permittee in a a. The container clearly identifies the permittee from which the alcoholic b. The container clearly displays al logo or some other mark that is unique d. The container displays, in no less than 12-point font, the statement, e. The container shall not hold more than 16 fluid ounces.  premises.  container that meets all of the following requirements:  beverage was purchased.  to the social district in which it will be consumed. The container is not comprised of glass. "Drink Responsibly- Be 21."  C.  G.S. 18B-300.1  Page 2    (3) Nothing int this subsection shall be construed to authorize the sale and delivery of alcoholic beverage drinks in excess of the limitation set forth in (f) Limitations on Open Containers. Except where otherwise allowed by local ordinance, the possession and consumption of an open container of an alcoholic beverage in a  G.S. 18B-1010.  social district is subject to all oft the following requirements:  (I) A customer may only possess and consume open containers of alcoholic beverages that were purchased from aj permittee located in the social district. (2) Customer-purchased open containers of alcoholic beverages in the social district shall only be in containers meeting the requirements set forth in subsection (e) of this section, except for open containers sold by a permittee (3) A customer may only possess and consume open containers of alcoholic beverages in the social district during the days and hours set by the city or county in accordance with subsection (b) of this section, not to exceed the hours for consumption authorized pursuant to G.S. 18B-1004. (4) A customer shall not possess at one time open containers of alcoholic beverages in the social district in excess oft the number of alcoholic beverages that may be sold and delivered by a retail permittee as set forth in (5) A customer shall dispose of any open container of an alcoholic beverage purchased from a permittee in the customer's possession prior to exiting the social district unless the customer is reentering the licensed premises of the permittee where the customer purchased the alcoholic beverage. (6) Notwithstanding G.S. 18B-300 and G.S. 18B-301, a permittee or non-permittee business may allow a customer to possess and consume on the business's premises alcoholic beverages purchased from a permittee in the  for consumption on the permittee's premises.  G.S. 18B-1010.  social district.  (g) Limitations on Closed Containers. - A person, including a customer who is in possession of an open container of an alcoholic beverage authorized under this section, may possess alcoholic beverages in closed containers in a social district to the extent allowed by law. (h) Responsibilities ofNon-Permittee Businesses. - A non-permittee business that is part ofas social district and that allows customers to bring alcoholic beverages onto its premises shall not ber responsible for enforcement ofthis Chapter. All non-permittee businesses that are part ofa social district and that allow customers to bring alcoholic beverages onto their premises shall clearly post signage on any exits that do not open to the social district indicating that alcoholic beverages may not be taken past that point. During the days and hours when the social district is active, a non-permittee business that allows customers to bring alcoholic beverages onto its premises shall allow law enforcement officers access to the areas of the premises accessible by () Multi-Tenant Establishments Located in a Social District. - Permittees and non-permittee businesses in a multi-tenant establishment located within a social district may participate in the social district regardless of whether the multi-tenant establishment has a () Interaction with Other Permits. - The Commission shall issue permits for special events occurring partially or entirely within the boundaries ofa social district as follows: (1) The Commission may issue special one-time permits pursuant to G.S. 18B-1002(a)(2) or (a)(5) for events occurring on premises located partially or entirely within the boundaries of a social district. If the event is scheduled to occur during hours when alcoholic beverages may be consumed  customers.  common area entertainment permit.  G.S. 18B-300.1  Page 3    in the social district, the event permittee shall, in addition to obtaining such signed law enforcement notification as may be required under the Commission'sr rules, include in: suchi notificationas statement that the event isto occur in a social district during days and hours designated for consumption of (2) A permittee holding a winery special event permit, malt beverage special event permit, or spirituous liquor special event permit pursuant to G.S. 18B-1114.1, 18B-1114.5, and 18B-1114.7, respectively, may sell and serve products at special events taking place in a social district. (3) A permittee holding a mixed beverages catering permit pursuant to G.S. 18B-1001(12) may serve spirituous liquor to guests at events taking  alcoholic beverages.  place in a social district. (2022-49,s.3().)  G.S. 18B-300.1  Page 4    City of] Kinston City Council Agenda  at I  Meeting Date: Tuesday, July 16, 2024  Agenda Section: Work Session AND Consent  Item Request: Resolution  Agenda Item to be Considered  Presenter: Donna Goodson, Finance Director  Subject: Ordinance to Close Hurricane Matthew FEMA-4285-DR-NC Disaster Recovery Special  Revenue. Fund (C2902)  Action Requested: Adopt Ordinance Amendment Supporting Documentation: Ordinance, Memo Department Head's Approval dly  City Manager's Approval RB  Budgetary Impact:  None  Budgeted  R Needs Budget Ordinance  Staff Recommendation: Approval of Ordinance  Updated Sepcember 205.6    AN ORDINANCE AMENDING ASPECIAL REVENUE FUND FOR  HURRICANE MATTHEW FEMA-4285-DR-NC DISASTER RECOVERY WHEREAS, Council approved the creation oft the Hurricane Matthew special revenue fund on October 10, 2016 as a result of Hurricane Matthew which struck the City on October 8, 2016 WHEREAS, the disaster was declared a national disaster and expenditures will be reimbursed by the Federal Emergency Management Agency (FEMA), the State of North Carolina, insurance WHEREAS, in March of 2018, all repairs have been made and all requirements have been THEREFORE BE IT ORDAINED by the City Council of the City of Kinston, North Carolina that the following Special Revenue Project Budget Ordinance is hereby closed:  causing widespread damage to the City of Kinston, and proceeds and miscellaneous reimbursements, and satisfied and remaining funds de-obligated.  Hurricane Matthew FEMA-4285-DR-NC Revenues: Insurance Proceeds State Grants FEMAI Reimbursements Sale of Surplus Property Transfer from Generall Fund Transfer from Wastewater Fund Transfer from Water Fund Transfer from Electric Fund Transfer from Public Services Fund Transfer from Facility & Property Management Fund Total Revenues Expenditures: Emergency response, recovery and preservation for Hurricane Matthew Tower Hilll Road 30" Forcemain Repat/Replacement Category A through) F work materials, contract and equipment Transfer to General Fund Transfer to Wastewater Fund Transfer to Water Fund Transfert to Electric Fund Transfer to Public Services Fund Transfer tol Facility &I Property Management Fund Transfer to Environmental: Services Fund Transfer to Stormwater Fund Transfer to Fleet Maintenance Fund Totall Expenditures  Amended $ 30,557.30 $ 30,557.30 983,161.72 983,161.72 2,050,334.39 2,050,334.39 1,132.85 31,722.53 98,040.21 46,738.04  Increasel (Decrease) 1,132.85  Current Budget Budget  $  371,833.48 371,833.48 2,052,620.18 2,052,620.18 31,722.53 175,048.09 175,048.09 98,040.21 46,738.04 $2,776,002.53 $5,841,188.79 $3,065,186.26 50,000.00 $ 11,485.00 (38,515.00) 1,200,000.00 791,923.18 (408,076.82) 1,526,002.53 1,665,432.94 139,430.41  534,930.10 534,930.10 2,052,620.18 2,052,620.18 252,348.89 252,348.89 366,246.55 366,246.55 98,040.21 46,738.04 9,616.52 10,316.18 1,491.00  98,040.21 46,738.04 9,616.52 10,316.18 1,491.00  $2,776,002.53 $5,841,188.79 $3,065,186.26  Adopted this 16th dayof_ July_,2024  Debra Thompson, City Clerk    City of Kinston City Council Agenda  7a  Meeting Date: Tuesday, July 16, 2024  Agenda Section: Work Session AND Consent  Item Request: Resolution  Agenda Item to be Considered  Presenter: Donna Goodson, Finance Director  Subject: Ordinance to Close Falling Creek Substation Transformer Project (E9126)  Action Requested: Adopt Ordinance. Amendment Supporting Documentation: Ordinance, Memo Department Head's Approval dy  City Manager's Approval RB  Budgetary Impact:  None  Budgeted   Needs Budget Ordinance  Staff Recommendation: Approval ofOrdinance  Updateds September 2036    AN ORDINANCE AMENDING THE CAPITAL PROJECT FUND FALLING CREEK SUBSTATION TRANSFORMER PROJECT (E9126)  WHEREAS, on February 15, 2016 City Council approved the establishment of a capital project fund  for the Falling Creek Substation Transformer Project, and  WHEREAS, the project was funded through a transfer from the Electric Fund, and  WHEREAS, the final construction was completed in June of2017 and all requirements were satisfied. THEREFORE, BE IT ORDAINED by the City Council of the City of Kinston, North Carolina that  thei following capital project budget ordinance is hereby closed: Falling Creek Substation Transformer) Proiect (E9126)  Current Budget $1,291,949.00 $1,291,949.00 $1,291,949.00 $1,291,949.00  Amended Budget $1,291,949.00 $1,291,949.00 $1,262,124.31 29,824.69 $1,291,949.00  Increase (Decrease) $  Revenues: Total Revenues Expenditures: Construction Work- Electric Transfers to Electric Cap Reserve Total Expenditures  Transfer From) Electric Fund  $ (29,824.69) 29,824.69  Adopted this 16th day of_ July, 2024  Debra Thompson, City Clerk    KINSTON PUBLIG SERVIGES Buildings & Grounds, Business Offiçe, Electric, Engineering. Environmental Services, FleetN Maintenance, Meter Reading, Stormwater, Streets, Wastewater, and Water Kinston, ther right place. : Kinston Public Services, the right choic.  Kinston 2009  MEMORANDUM  TO: FROM: DATE: RE:  Donna Goodson, Finance Director  Steve Miller, Public Services Director &  February 27,2024  Closeout of Electric Capital Project Budgets  Ini reviewing established Electric Capital Project Budgets, Ihave found eleven projects in which all work has been completed and paid, allowing them to be closed out. One project (E9120) has a zero balance but appears to still be open due to higher budgeted revenues. Another project (E9121)has a deficit of $50,000 due to an unreceived grant that had been budgeted for the project. The other nine The excess funds that were appropriated for these projects need to be returned to the Electric Capital Reserve Fund so they can be used for other future projects. The net amount oft the excess revenues is $2,495,148.31. This is based on the revenues received in the billing system, not the budgeted amounts. Iami requesting the necessary actions be taken for each of the Projects listed in the attached table to  project were completed under budget.  balance the costs and revenues and close out the projects.        City ofKinston City Council Agenda  CRIIR  Meeting Date: Tuesday, July 16, 2024  Agenda Section: Work Session AND Consent  Item Request: Resolution  Agenda Item to be Considered  Presenter: Donna Goodson, Finance Director  Subject: Ordinance to Close Harvey Parkway Extension Electric Facilities Relocation Project (E9130)  Action Requested: Adopt Ordinance Amendment Supporting Documentation: Ordinance, Memo Department Head's Approval dly  City Manager's Approval RB  Budgetary Impact:  None  Budgeted  R Needs Budget Ordinance  Staff Recommendation: Approval of Ordinance  Updated Sepcember 2056    AN ORDINANCE. AMENDING THE CAPITAL PROJECT FUND HARVEYPARKWAY EXTENSION ELECTRIC FACILITIES RELOCATION PROJECT (E9130)  WHEREAS, on August 7, 2017 City Council approved the establishment of a capital project fund for  the Harvey Parkway Extension Electric Facilities Relocation Project, and WHEREAS, the project was funded through a transfer from the Electric Fund, and  WHEREAS, the final relocation was completed in April of2018 and all requirements were satisfied. THEREFORE, BE IT ORDAINED by the City Council of the City of Kinston, North Carolina that  the following capital project budget ordinance is hereby closed: Harvey) Parkway Extension Electric Facilities Relocation Project (E9130)  Current Budget $ 139,411.63 $ 139,411.63 - 139,411.63 $ - 139,411.63  Amended Budget  Increase (Decrease)  Revenues: NCDOT Reimbursements Total Revenues Expenditures: Construction Work- Electric Transfers tol Electric Cap Reserve Total Expenditures  $ 104,902.47 $ (34,509.16) 104,902.47 $(34,509.16)  $ 85,169.67 19,732.80  $ (54,241.96) 19,732.80  104,902.47 $(34,509.16)  Adopted this 16h day of_ July, 2024  Debra Thompson, City Clerk    KINSTON PUBLIG SERVIGES Buildings & Grounds, Business Office, Electric, Engineering, Environmental Services, Fleet! Maintenance, Meter Reading, Stormwater, Streets, Wastewater, and Water Kinston, ther right place.. : Kinston Public. Services, ther right dhoic.  Kinston 2009  MEMORANDUM  TO: FROM: DATE: RE:  Donna Goodson, Finance Director  Steve Miller, Public Services Director &  February 27, 2024  Closeout of Electric Capital Project Budgets  Ini reviewing established Electric Capital Project Budgets, I have found eleven projects in which all work has been completed and paid, allowing them to be closed out. One project (E9120) has azero balance but appears to still be open due to higher budgeted revenues. Another project (E9121) has a deficit of$50,000 due to an unreceived grant that had been budgeted for the project. The other nine The excess funds that were appropriated for these projects need to be returned to the Electric Capital Reserve Fund so they can be used for other future projects. The net amount of the excess revenues is $2,495,148.31. This is based on the revenues received in the billing system, not the budgeted amounts. Iam requesting the necessary actions be taken for each oft the Projects listed in the attached table to  project were completed under budget.  balance the costs and revenues and close out the projects.        City ofKinston City Council Agenda  OIIS  Meeting Date: Tuesday, July 16, 2024  Agenda Section: Work Session AND Consent  Item Request: Resolution  Agenda Item to be Considered  Presenter: Donna Goodson, Finance Director  Subject: Ordinance to Close Queen Street Utility Poles Relocation Project (E9131)  Action Requested: Adopt Ordinance Amendment Supporting Documentation: Ordinance, Memo Department Head's Approval dy  City Manager's Approval RB  Budgetary Impact:  None  Budgeted  R Needs Budget Ordinance  Staff Recommendation: Approval of Ordinance  Updaced September 2056    AN ORDINANCE AMENDING THE CAPITAL PROJECT FUND QUEEN STREET UTILITY POLE: RELCATION PROJECT (E9131)  WHEREAS, on August 7, 2017 City Council approved the establishment ofa a capital project fund for  the Queen Street Utility Pole Relocation Project, and  WHEREAS, the project was funded through a transfer from the Electric Fund, and  WHEREAS, the final relocation was completed in May of2018 and all requirements were satisfied. THEREFORE, BE IT ORDAINED by the City Council of the City of Kinston, North Carolina that  the following capital project budget ordinance is hereby closed: Oueen Street Utility Pole Relocation Project (E9131)  Current Budget 215,625.00 2 215,625.00 215,625.00  Amended Budget 215,625.00 $ 215,625.00 $ 91,034.20 124,590.80  Increase (Decrease) $  Revenues: Total Revenues Expenditures: Construction Work- Electric Transfers to Electric Capl Reserve Total Expenditures  Transfer from) Electric Fund  $(124,590.80) 124,590.80  $215,625.00 $ 215,625.00  Adopted this 16th day of July, 2024  Debra Thompson, City Clerk    KINSTON PUBLIG SERVIGES Buildings & Grounds, Business Office, Electric, Engineering, Environmental Services, Fleet! Maintenance, Meter Reading, Stormwater, Streets, Wastewater, and Water Kinston, the righty place. : Kinston Public Servias, ther right doic.  Kinston 2009  MEMORANDUM  TO: FROM: DATE: RE:  Donna Goodson, Finance Director  Steve Miller, Public Services Director &  February 27,2024  Closeout of Electric Capital Project Budgets  Ini reviewing established Electric Capital Project Budgets, Ihave found eleven projects in which all work has been completed and paid, allowing them to be closed out. One project (E9120) has a zero balance but appears to still be open due to higher budgeted revenues. Another project (E9121) has a deficit of$ $50,000 due to an unreceived grant that had been budgeted for the project. The other nine The excess funds that were appropriated for these projects need to bei returned to the Electric Capital Reserve Fund SO they can be used for other future projects. The net amount oft the excess revenues is $2,495,148.31. This is based on the revenues received in the billing system, not the budgeted amounts. Iami requesting the necessary actions be taken for each of the Projects listed in the attached table to  project were completed under budget.  balance the costs and revenues and close out the projects.        City of Kinston City Council Agenda  CORIIE  Meeting Date: Tuesday,July 16, 2024  Agenda Section: Work Session AND Consent  Item Request: Resolution  Agenda Item to be Considered  Presenter: Donna Goodson, Finance Director  Subject: Ordinance to Close Rebuild Electric Circuit 516 and 521 and Extend Circuit 510 Project  (E9133)  Action Requested: Adopt Ordinance Amendment Supporting Documentation: Ordinance, Memo Department Head's Approval dlg  City Manager's Approval RB  Budgetary Impact:  None  Budgeted  K Needs Budget Ordinance  Staff Recommendation: Approval ofOrdinance  Updated September 205.6    AN ORDINANCE AMENDING THE CAPITAL PROJECT FUND REUILD ELECTRIC CIRCUIT 516. AND 521 AND EXTEND CIRCUIT 510 (E9133)  WHEREAS, on September 4, 2018 City Council approved the establishment of a capital project fund  fort the Rebuild Electric Circuit 516 and 521 and Extend Circuit 510 Project, and WHEREAS, the project was: funded through a transfer from the Electric Fund, and  WHEREAS, the final construction was completed in August of 2022 and all requirements were THEREFORE, BE IT ORDAINED by the City Council of the City of Kinston, North Carolina that  satisfied.  the following capital project budget ordinance is hereby closed:  Rebuild Electric Circuit 516 and 521 and Extend Circuit 5101 Project (E9133)  Current Budget $2,376,000.00 $1,320,000.00 528,000.00 528,000.00 $2,376,000.00  Amended Budget $2,376,000.00 34,118.68 464,568.04 261,518.28 1,615,795.00 $2,376,000.00  Increase (Decrease)  Revenues: Total Revenues Expenditures:  Transfer froml Electric Fund  $2,376,000.00 $2,376,000.00  Constr Electric-Circ 5162.5MI Rebuild Constr Electric-Circ 521 IMI Rebuild Constr Electric-Circ: 510 IMI Extension Transfers to Electric Cap Reserve  $(1,285,881.32) (63,431.96) (266,481.72) 1,615,795.00 $  Total Expenditures  Adopted this 16h day of_ July, 2024  Debra Thompson, City Clerk    KINSTON PUBLIG SERVIGES Buildings & Grounds, Business Office, Electric, Engineering, Environmental Services, Fleet Maintenance, Meter Reading, Stormwater, Streets, Wastewater, and Water Kinston, the right place. : Kinston Public. Services, the right dioic.  Kinston 2009  MEMORANDUM  TO: FROM: DATE: RE:  Donna Goodson, Finance Director  Steve Miller, Public Services Director &  February 27,2024  Closeout of Electric Capital Project Budgets  Ini reviewing established Electric Capital Project Budgets, Ihave found eleven projects in which all work has been completed and paid, allowing them to be closed out. One project (E9120) has a: zero balance but appears to still be open due to higher budgeted revenues. Another project (E9121) has a deficit of$ $50,000 due to an unreceived grant that had been budgeted for the project. The other nine The excess funds that were appropriated for these projects need to be returned to the Electric Capital Reserve Fund so they can be used for other future projects. The net amount of the excess revenues is $2,495,148.31. This is based on the revenues received in the billing system, not the budgeted amounts. Iami requesting the necessary actions be taken for each oft the Projects listed in the attached table to  project were completed under budget.  balance the costs and revenues and close out the projects.        City of Kinston City Council Agenda  O  Meeting Date: Tuesday, July 16, 2024  Agenda Section: Work Session AND Consent  Item Request: Resolution  Agenda Item to be Considered  Presenter: Donna Goodson, Finance Director  Subject: Ordinance to Close Second Point ofl Delivery Project (E9127)  Action Requested: Adopt Ordinance Amendment Supporting Documentation: Ordinance, Memo Department Head's Approval dy  City Manager's Approval AB  Budgetary Impact:  D None  OBudgeted   Needs Budget Ordinance  Staff Recommendation: Approval of Ordinance  UpatuSaptemberaaie    ANORDINANCE, AMENDING THE CAPITAL PROJECT FUND SECOND POINT OF DELIVERY PROJECT (E9127)  WHEREAS, on March 7, 2016 City Council approved the establishment of a capital project fund for  the Second Point of] Delivery Project, and  WHEREAS, the project was funded through a transfer from thel Electric Fund, and  WHEREAS, the final construction was completed in February of 2023 and all requirements were THEREFORE, BE IT ORDAINED by the City Council oft the City of Kinston, North Carolina that  satisfied.  the following capital project budget ordinance is hereby closed:  Second Point of] Delivery Project (E9127)  Current Budget $5,483,514.00 $5,483,514.00 $ 675,125.00 3,633,381.00 1,175,008.00 $5,483,514.00  Amended Budget $5,483,514.00 $ $5,483,514.00 : 221,127.01 605,581.78 3,123,347.86 1,095,331.95 438,125.40 $5,483,514.00  Increase (Decrease)  Revenues: Total Revenues Expenditures:  Transfer Froml Electric Fund  Professional Service Legal Professional Service- - Engineering ComtrI5KVTammision Circuit Construct Breaker Station Transfers tol Electric Cap Reserve Total Expenditures  $ 221,127.01 (69,543.22) (510,033.14) (79,676.05) 438,125.40 $  Adopted this 16th day of July, 2024  Debra Thompson, City Clerk    KINSTON PUBLIG SERVIGES Buildings & Grounds, Business Offiçe, Electric, Engineering, Environmental Services, Fleet Maintenance, Meter Reading, Stormwater, Streets, Wastewater, and Water Kinston, the right place... Kinston Public. Servics, ther right doic.  Kinston 2009  MEMORANDUM  TO: FROM: DATE: RE:  Donna Goodson, Finance Director  Steve Miller, Public Services Director &l  February 27,2024  Closeout of Electric Capital Project Budgets  Inr reviewing established Electric Capital Project Budgets, Ihave found eleven projects in which all work has been completed andj paid, allowing them to be closed out. One project (E9120) has azero balance but appears to still be open due to higher budgeted revenues. Another project (E9121) has a deficit of$ $50,000 due to an unreceived grant that had been budgeted for the project. The other nine The excess funds that were appropriated for these projects need to be returned to the Electric Capital Reserve Fund sO they can be used for other future projects. The net amount oft the excess revenues is $2,495,148.31. This is based on the revenues received in the billing system, not the budgeted amounts. Iami requesting the necessary actions be taken for each of the Projects listed in the attached table to  project were completed under budget.  balance the costs and revenues and close out the projects.        City of] Kinston City Council Agenda  a  Meeting Date: Tuesday, July 16, 2024  Agenda Section: Work Session. AND Consent  Item Request: Resolution  Agenda Item to be Considered  Presenter: Donna Goodson, Finance Director  Subject: Ordinance to Close Vernon Avenue 3.41 Mile Electric Distribution Circuit Rebuild Project  (E9132)  Action Requested: Adopt Ordinance Amendment Supporting Documentation: Ordinance, Memo Department Head's Approval dly  City Manager's Approval. RB  Budgetary Impact:  None  Budgeted  R Needs Budget Ordinance  Staff Recommendation: Approval of Ordinance  Updated September 205.6    AN ORDINANCE AMENDING THE CAPITAL PROJECT FUND VERNON AVENUE 3.41 MILE: ELECTRIC DISTIBUTION CIRCUIT REBUILD PROJECT (E9131)  WHEREAS, on September 5, 2017 City Council approved the establishment ofs a capital project fund  for the Vernon Avenue 3.41 Mile Electric Distribution Circuit Rebuild Project, and WHEREAS, the project was funded through a transfer from the Electric Fund, and  WHEREAS, the final construction was completed in June of 2022 and all requirements were satisfied. THEREFORE, BE IT ORDAINED by the City Council of the City of Kinston, North Carolina that  the following capital project budget ordinance is hereby closed: Vernon Avenue 3.4 Mile Electric Distribution Circuit Rebuild Project (E9132)  Current Budget $1,548,360.00 $1,548,360.00 $1,548,360.00 $1,548,360.00  Amended Budget $1,548,360.00 $ $1,548,360.00 $ $1,449,952.21 98,407.79 $1,548,360.00 $  Increase (Decrease)  Revenues: Total Revenues Expenditures: Construction Work- Electric Transfers to Electric Capl Reserve Total Expenditures  Transfer from Electric Fund  $ (98,407.79) 98,407.79  Adopted this 16'h day of_ July, 2024  Debra Thompson, City Clerk    KINSTON PUBLIG SERVIGES Buildings & Grounds, Business Office, Electric, Engineering, Environmental Services, Fleet Maintenance, Meter Reading, Stormwater, Streets, Wastewater, andV Water Kinston, therighty place... Kinston Public Servics, theright doic.  Kinston 2009  MEMORANDUM  TO: FROM: DATE: RE:  Donna Goodson, Finance Director  Steve Miller, Public Services Director &d  February 27,2024  Closeout of Electric Capital Project Budgets  In reviewing established Electric Capital Project Budgets, Ihave found eleven projects in which all work has been completed and paid, allowing them to be closed out. One project (E9120) has a: zero balance but appears to still be open due to higher budgeted revenues. Another project (E9121)! has a deficit of$50,000 due to an unreceived grant that had been budgeted for the project. The other nine The excess funds that were appropriated for these projects need to be returned to the Electric Capital Reserve Fund sO they can be used for other future projects. The net amount oft the excess revenues is $2,495,148.31. This is based on the revenues received in the billing system, not the budgeted amounts. Iami requesting the necessary actions be taken for each oft the Projects listed in the attached table to  project were completed under budget.  balance the costs and revenues and close out the projects.        City of Kinston City Council Agenda  a  Meeting Date: Tuesday, ,July 16, 2024  Agenda Section: Work Session Discussion Item Request: Resolution  Agenda Item to be Considered  Presenter: Rhonda Barwick, City Manager Subject: EPA Community Change Grants Program  Action Requested: Consider: a Resolution Authorizing the Mayor to enter an agreement with  Kinston Teens, Inc. to apply for an EPA Community Change Grant  Supporting Documentation: Summary of Grant details, Draft Agreement, Draft Resolution  Department: Head's. Approval  City Manager's Approval Pp  Budgetary Impact: Staff Recommendation:  None  B Budgeted  Needs Budget Ordinance  Updated September 205.6    EPA Community Change Grant Kinston Teens, Inc. and City of Kinston  Kinston Teens, Inc., a nonprofit community based organization, is seeking to apply for the Environmental Protection Agency's Environmental & Climate Justice Community Change Grant. The organization hopes to apply for the grant in partnership with the City of Kinston. The Inflation Reduction Act created the Environmental and Climate Justice Program - the largest investment in environmental and climate justice in U.S. history when it was signed into law by President Biden on August 16, 2022. Under this program, EPA reçeived $2.8 billion to award grants to help disadvantaged communities address a wide range of environmental and climate justice issues, and $200 million dollars for technical assistance related to these grants. Awards are expected to be $10-20 million. No cost-sharing or match is required as a condition of eligibility. Projects must be designed to be successfully and effectively completed within a three-year period. EPA is accepting rolling applications for Community Change Grants until  November 21, 2024. PROJECT AREA  Applicants for the Community Change Grant must demonstrate that their proposed projects benefit a geograph.caly-delined disadvantaged community. We are hoping to use the grant to focus on the creation of a Community Resilience Hub in East Kinston, a cimate-mpacted, disadvantaged, and underserved community. The project will also feature programs aimed at reducing pollution and climate risks int the neighborhood and surrounding community. The EPA recognizes East Kinston as meeting their criterion for a disadvantaged community. The disadvantaged community to be served by this program comprises census tracts 37107010400 and 37107010300, both of which have been determined to be disadvantaged because they meet more than 1 burden threshold AND the associated socioeconomic threshold. A 2014 report by the University of North Carolina at Chapel Hill ranked Census Tract 103 (37107010300) as the #1 most economically distressed census tract in the state of North Carolina. This community is characterized by limited income and economic opportunity, flood-impacted by the Adkin Branch to its east and Neuse River to its south, and a variety of social, health, and educational disparities. The East Kinston Neighborhood Hub and Community Resilience Program will transform this disadvantaged community into a model for climate  resilience, environmental, and economic justice.  LEAD APPLICANT  The City of Kinston, with its previous experience administering federal grants, including EPA Grants, American Rescue Plan Act funds, and Community Development Block Grants is well situated to be the Lead Applicant for a Community Change Grant. If awarded, the City of Kinston would become the grantee, responsible for effectively carrying out the full scope of work and the proper management oft the grant. The City of Kinston can rely upon its existing expertise and internal controls, including fiscal management, independent auditors, and legal counsel, to ensure that contracts and pass-through funds to a CBO and Collaborative Entities (as defined below) are accountable to the EPA. The City of Kinston could utilize the Community Change    EPA Community Change Grant Kinston Teens, Inc. and City of Kinston  Grant to further its strategic priorities through climate resilience investments in East Kinston, including the rehabilitation and weatherization of homes, improving roadways, sidewalks, and  greenspaces, and supporting the economic vitality of the neighborhood.  COMMUNITY BASED ORGANIZATION (CBO)  Kinston Teens, Inc. qualifies as a CBO for the purposes of the Community Change Grant. Kinston Teens has a broad base of volunteers, membership, and stakeholders throughout Kinston, and particularly in East Kinston. The organization has strong relationships with local government entities, including its Lead Applicant the City of Kinston, as well as Lenoir County Government and other non-governmental organizations. These relationships, combined with the organization's strong track record of public-private partnerships, community development initiatives, and community engagement will propel this program to success. The East Kinston Neighborhood Hub has been formed under the leadership of Kinston Teens with the support of a coalition of mission-aligned nonprofit organizations, businesses, community groups, and  institutional partners. GRANT REQUEST  Our designers are currently estimating $10 to $12 million in capital costs associated with the construction of the new East Kinston Neighborhood Hub facility. We're working to finalize other programming plans that we would like to include as a part of the grant, to determine our final  request amount. Our priorities for the grant request include:  Kinston Teens: Construction oft the East Kinston Neighborhood Hub Kinston Teens: Enhance the East Kinston Neighborhood Hub's Community Transportation Program through the purchase of zero-emissions vehicles. Kinston Teens & City of Kinston: Promote infill development of affordable, dense, energy efficient and resilient housing around the East Kinston Neighborhood Hub site City of Kinston: Home rehabilitation, weatherization, and energy efficiency upgrades for City of Kinston: Provide weatherization, energy efficiency, HVAC and filtration, and resilience upgrades to communty-owned. facilities in East Kinston (e.g. the Adkin Alumni Complex, Holloway Community Center, Georgia K. Battle, the Old Fire Station, St. Mark Kinston Teens & City of Kinston: Creation of a green jobs program to support programming, maintenance, and implementation of climate action strategies at and  eligible residents in East Kinston  Church Food Pantry)  around the East Kinston Neighborhood Hub  Full List of Potential Project Elements estimates to include in the budget.  Project team will need to determine final elements to include in the application, and cost  Climate Action Strategies  Construction of the East Kinston Neighborhood Hub, a community resilience hub with green infrastructure, solar panels and battery, and year-round resilience programming    EPA Community Change Grant Kinston Teens, Inc. and City of Kinston  Implement 'Complete Streets" projects to improve walkability, bike-ability, and transit use, including improved access for people with disabilities, between major population centers, the East Kinston Neighborhood Hub, and sites that have been enhanced to Invest in home rehabilitation, weatherization, and energy assistance for eligible Upgrade public and community-owned facilities for resiliency and weatherization, Purchase zero-emission vehicles for community car-sharing and vanpooling as a part Creation of a Neighborhood Resilience Corps green jobs program to support programming, maintenance, and implementation of climate action strategies at and  have resilience hub components. property owners in East Kinston  including HVAC, back-up power, and communications tools of Kinston Teens' Community Transportation Program. around the East Kinston Neighborhood Hub.  Pollution Reduction Strategies  Indoor Air Quality and Community Health Improvements:  Install, upgrade, or replace HVAC and/ort filtration systems that improve indoor quality in community-serving buildings and single-and-multr family homes. These upgrades will be done in conjunction with climate strategies that reduce building GHG emissions. (Adkin, St. Mark Food Pantry, Kinston Teens Hub Creating a decontamination station/public shower & laundry station for agricultural workers to wash their clothes and shower to preventreduce Reduce exposure from mobile and stationary sources by: developing or expanding vegetative barriers along MLK Blvd. Implementing urban designs that promote air flow and reduce the concentration of pollution along street corridors (e.g., remove or reduce costly parking mandates, reduce idling of diesel vehicles). Develop other policies that promote reductions in air pollution from transportation such as land use and zoning policies that enable households to live in affordable, dense, and vibrant communities within urban and rural areas. Create infill development house plans that are made free to public by City of Kinston to develop affordable, dense, energy efficient housing that meets City  annex and X# ofh homes) take-home pesticide exposure  Outdoor Air Quality and Community Health Improvements:  requirements  Community Engagement  Support Resilience Organizing by Kinston Teens in East Kinston with NC CJC's model City of Kinston conducts outreach/education about weatherization and rehabilitation Ongoing community engagement for Neighborhood Hub facility and programming.  of Resilience Organizing Hubs  funds.    This iS drafttext for a partnership agreement between the City ofKinston and Kinston Teens for  the Community Change Grant City of Kinston and Kinston Teens  EPA COMMUNITY CHANGE GRANT PARTNERSHIP AGREEMENT  This Partnership Agreement (the "Agreement') is made and entered into this 2024 (the' "Effective Date"). The Partners in this Agreement are as follows:  day of June,  The Lead Applicant is the City of Kinston, a municipal corporation of the State of North The Statutory Partner is Kinston Teens, Inc., a nonprofit community-based organization  Carolina ("City").  (CBO)incorporated in the State of North Carolina ("Kinston Teens").  The Partners of this Agreement agree to the following:  INAME "Partnership"). II. THE PARTNERSHIP Grant. oft the award.  This Partnership will be known as the East Kinston Community Resilience Initiative (the  1. The Partners wish to become partners for the purpose of the EPA Community Change 2. The terms and conditions of their Partnership will be outlined in this Agreement. 3. Ifthe Agreement is executed, the Partnership will be in effect upon notification of receipt 4. The Partnership can only be terminated as outlined in this Agreement. 5. The Partnership's primary place of business will be located at Kinston City Hall, 207 East 6. The Partnership willl be governed under the laws of the State of North Carolina. 7. The Partnership's primary purpose is the execution of the proposed grant applicationt titled 8. The Partners agree to follow all Statutory Partnership Requirements as outlined in Exhibit  King Street, Kinston, NC 28501.  East Kinston Community Resilience Initiative.  Aa attached hereto.  As Lead Applicant, the City of Kinston is responsible for:  1. The overall management, performance, oversight, and reporting responsibilities under the grant, and for making subawards to Collaborating Entities, the receipt of federal funds from EPA and the proper expenditure of these funds and will bear liability for unallowable  costs.  2. Compliance, legal issues, and managing risks associated with the project.  As Statutory Partner, Kinston Teens agrees:  1. Ift the Statutory Partner cannot perform for some unforeseen reason under the terms of this agreement, the Statutory Partner will assign all rights and obligations to another comparable Statutory Partner to ensure successful grant completion between 3 years.    This is draft text for a partnership agreement between the City ofKinston and Kinston Teens for  the Community Change Grant  Replacement may be necessary for various reasons including, but not limited to, performance issues. The replacement Statutory Partner will require prior approval by an authorized EPA official pursuant to 2 CFR200,308(c/6) and Statutory Partner will provide 2. Ift the proposed application is selected for award, to enter into a subaward that complies with the subaward requirements in the grant regulations at 2 CFR 200.331 and in EPA's Subaward Policy and related guidance that contains terms and conditions, including those  assistance in finding a replacement with due haste.  listed above. III. DISPUTES  The Partners agree that should any dispute arise or the emergence of unforeseen circumstances impede the project's progress, the Partners agree to participate in good faith in a resolution process. The Partners agree to indemnify and hold harmless each other, from and against any and all losses, liabilities, damages, and costs that may arise in connection to any disputes or  unforeseen circumstances.  IV. CONTRIBUTIONS AND ACTIVITIES  The Partners intend to make contribution to the Partnership as follows:  City of Kinston:  No monetary contributions will be made in addition to the grant funds. The City will oversee all aspects associated with the administration of the activities in the proposed grant application titled East Kinston Community Resilience Initiative. Other specific activities to be conducted by the City of Kinston include: No monetary contributions will be made in addition to the grant funds. Kinston Teens will oversee community engagement and all construction operations associated with the East Kinston Neighborhood Hub, at facility tol be constructed by Kinston Teens on property owned by Kinston Teens, int the proposed grant application titled East Kinston Community Resilience Initiative. Other specific activities to be conducted by Kinston Teens include:  TO BE ADDED  Kinston Teens:  TO BE. ADDED  V.COSTS  The Partners will share programmatic costs consistent with the application budget submitted for  the EPA Community Change Grant program and any EPA approved revisions. There are no anticipated profits as an outcome of this grant agreement.  VI. PROFITS VII. ACCOUNTING    This is draft text for a partnership agreement between the CityofKinston andKinston Teensfor 1. All accounts related tot the Partnership including contribution and distribution accounts will 2. Both Partners will maintain an individual contribution account. Both Partners will maintain an individual distribution account. Partners will keep accurate and complete books of  the Community Change Grant.  be audited upon agreement of both Partners. account for all accounts related to the Partnership. 3. Each Partner will be responsible for their own tax returns. 4. Accounting records will be kept on a cash basis.  5. The fiscal year for the activities in the proposed grant application titled East Kinston Community Resilience Initiative will be complete on December 31st each year. All Partners will present their position on the state of the Partnership within sixty (60) days of  the completion of each fiscal year.  VIII. NEW PARTNERS  The Partners acknowledge that EPAI is not aj party to the Partnership. Agreement, and any disputes between the parties must be resolved under the law applicable to the Partnership Agreement. Other partners, sub awardees, or involved organizations may bei identified as a part of the grant writing and, if awarded, implementation process but do not need to be party to this Partnership The Partnership will only amend this agreement to include new partners upon the written and The name of the Partnership may be amended ifa a new Partner is added tot the Partnership upon  Agreement.  unanimous vote of both Partners.  the written and unanimous vote of both Partners.  Signatures: Lead Applicant: [Mayor] City of Kinston Statutory Partner: [Board Chair or Executive Director] Kinston Teens, Inc.    This is sample text for resolution from the Kinston CityCouncil authorizing an application for the  Community Change Grant  RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A STATUTORY PARTNERSHIP AGREEMENT WITH KINSTON TEENS, INC. IN ORDER TO APPLY FOR THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY COMMUNITY CHANGE GRANT THAT WILL FUND COMMUNITY-BASED CLIMATE CHANGE RESILIENCE PROJECTS FOR THREE YEARS BETWEEN TEN MILLION ($10,000,000). AND' TWENTY MILLION DOLLARS WHEREAS, communities that are most vulnerable to the impacts of climate change face adverse WHEREAS, on November 21, 2023, the Environmental Protection Agency issued a Notice of Funding Opportunity (NOFO) for the Environmental and Climate Justice Community Change WHEREAS, the EPA received $2.8 billion through the Inflation Reduction Act for the Community WHEREAS, the grant program stipulates that the grants must be a partnership between a WHEREAS, the grant program necessitates that a legally binding Statutory Partnership Agreement be executed prior to the submission of the application, and entering into such an WHEREAS, Kinston Teens, Inc. has been identified as an ideal community-based organization WHEREAS, the City of Kinston will act as the local government entity, with additional collaborative entities possibly included as ar requirement for the award, though these partners need not be part WHEREAS, this partnership will lay the groundwork for transformative projects including the development of the East Kinston Neighborhood Hub, rehabilitation of housing, and other programs aimed at enhancing climate resilience and community strength in East Kinston; and WHEREAS, this initiative represents an effort to rectify the historical impacts of underinvestment inf frontline communities, aligning with the broader city goals of fostering sustainable and equitable RESOLVED, That, pursuant to the requirement of the Federal Environmental Protection Agency Environmental and Climate Justice Community Change Grants Program, the Mayor is hereby authorized to enter into a Statutory Partnership Agreement with Kinston Teens, Inc. for this grant and that the City Manager is authorized to apply for an EPA Community Change Grant for an amount not to exceed Twenty Million Dollars ($20,000,000). The Statutory Partnership Agreement  ($20,000,000)  health and environmental impacts due to historically inequitable policies; and  Grants Program; and  Change Grant and will award grants across the United States; and community-based organization and al local government; and  agreement requires Council authorization; and  partner due to their deep involvement and ongoing work in East Kinston; and  oft this Agreement; and  development; now, therefore, bei it    This is sample text for resolutionfrom the Ainston CiyCouncil authorzing an application for the shall be subject to review by the City Attorney, and shall only be binding upon successful selection oft the City's Environmental and Climate Justice Community Change Grant application.  Community Change Grant    City of Kinston City Council Agenda  suy  Meeting Date: Tuesday, ,July 16, 2024  Agenda Scction: rcscmtaton/Aergalons Item Request: Information Only  Agenda Item to be Considered  Presenter: Zorah Davis, Communications Manager Subject: Kinston' Teens Adopt-A-Street Program Action Requested: None, Informational Supporting Documentation: Letter  Department Head's Approval.  City Manager's Approval RB  Budgetary Impact: Staff Recommendation:  R None  B Budgeted  ON Needs Budget Ordinance  ssalsr    KINSTON TEENS  Empowerhngyoung, people through service, leadership, Mailing: P.O. Box 2625, Kinston, NC 28502 Office: 327 N. Queen Street, Suite 111, Kinston, NC: 28501  and civic engagement!  ESTABLISHED2014  July 11,2024  Rhonda Barwick, City Manager City of Kinston 207 El King St Kinston, NC: 28501 Dear Ms. Barwick,  lam writing to request the opportunityt for Kinston Teens to present during the upcoming Kinston City Council Meeting on Tuesday, July 16, 2024. Members of our team would like to provide the council with an update on the Adopt-a-Street Program and our partnership with the City of Since its launch in 2015, the Adopt-a-Street Program has made significant strides in fostering community engagement and maintaining the cleanliness of our city. We would like to share an overview of the program's success, including: a list of the 34 streets currently adopted; details on the 12 streets with expired terms, whose signs are still up; and our efforts to notify these adopters by mail and email, requesting them to complete a renewal application by August 5, Furthermore, we would like to present our plans for the continued enhancement of the program. These plans include: the development of new marketing materials, such as flyers and posters, to recruit new street adoptions, and sending communication to local churches and nonprofits to encourage their participation We also plan on providing signage or stickers for current adopters to display at their offices or the locations they have adopted. An additional goal moving forward is to strictly enforce two-year adoption terms and the quarterly street clean-ups and require that We believe that a brief 5-10 minute presentation during the City Council meeting would be an effective way to update the council and community on the program and its future direction. We will provide informational slides to you and the City Clerki in advance oft the meeting to facilitate  Kinston on this initiative.  2024.  alla adopters submit a clean-up report after their projects.  the presentation. Thank you for considering our request.  Sincerely, Zorah Davis Communications Manager Kinston Teens, Inc.  (252)522-8012 info@kinstonteens:org www.sanstonteens.org    City ofKinston City Council Agenda  OsuIR  Meeting Date: Tuesday, July 16, 2024  Agenda Section: Public Hearing AND. Action Item Request: Rezoning Request  Agenda Item to be Considered  Presenter: Elizabeth Blount, Planning Director Action Requested: Approve Request  Subject: Rezoning Request from RA-5(Residential) to B-1 (General Business District)  Supporting Documentation: Memo, List of] Illustrated Uses, Application, Public Hearing Notice, Property Owner and Applicant letter, Adjacent Property Owner List, Rezoning Map and Draft Rezoning Ordinance  Department Head's Approval  City Manager's Approval RB  Budgetary Impact:  I None  Budgeted  Needs Budget Ordinance  Staff Recommendation: Staff recommends approval  Updated September 205.6    City of Kinston  RHONDAI BARWICK CITYI MANAGER JAMESP.C CAULEY CITYATTORNEY DEBRA' THOMPSON CITYCLERK  MAYORI DONI HARDY COUNCILMEMBERS: BARBARA: SEAFORTH FELICIASOLOMON CHRISJ.SUGGS ROBERTSWINSON,IV  MAYORI PROTEMI ANTONIO! HARDY  MEMORANDUM TO: DATE: July 9,2024  Mayor and City Council  FROM: Elizabeth Blount, Planning Director SUBJECT: Rezoning Request from RA-5 to B-1  Background & Site Description:  Staffreceived a request submitted from Lateefah and Cory Irvine to rezone parcel NCI PIN 4525-71-8811 from RA-5 (Residential District) to B-1 (General Business District). Property owners want to combine the parcel with the adjacent property to provide parking. The adjacent property willl be converted into an Adult Day Care The B-1 zoning district is established as a district to accommodate highway-oriented retail and commercial service businesses which generally have as their market area the entire town and surrounding area.  facility.  Zoning and Land Use:  Direction from Site Zoning District(s)  Adjacent and Nearby Land Uses Single-family dwelling and vacant lot Single-family dwelling and commercial building Single-family dwelling Church building  North South East West  RA-5 RA-5&B-1 RA-5 B-1  Comprehensive Plan:  Thej property is located within the Residential Land Use Sector. The proposed use isi in compliance with the cily's.comprehensive land use which recommends non-residential uses such as office & institutional to be limited to: smaller lot sizes with limited off-street parking. These uses should not impact traffic patterns in neighboring communities and should be buffered with landscape material where adjacent to single-family  uses.  Planning Board Recommendation:  The Planning Board recommended approval oft the request and its consistency with the Comprehensive Land  Use Plan at their regular scheduled meeting in July.  POI Box: 3391 Kinston, NC 28502  www.kinstonne.goy  252-939-3115    Page 20 of2  Staff Recommendation: approval. Action Requested:  Planning staffis oft the opinion that the rezoning is in compliance with the comprehensive plan and recommends  Hold aj public hearing and consider approval or denial oft the request  Vote should include whether thei request is consistent ori inconsistent with the comprehensive plan  Attachments: Application Public Hearing Notice Adjacent Property Owner and Applicant Letters lllustrated List of Uses for B-1 160D-604 & 605 Excerpts Draft Rezoning Ordinance  Map  MAYORI DON HARDY  Sammy Aiken  Chris J.S Suggs Mayor Pro Tem Antonio Hardy  Felicia Solomon Robert Swinson, IV    B1 Business District PERMITTED Atessol/UsesyBuldings Accessory Structures Accessory Uses  Cemetery as an accessory use to a church Child care center (as an accessory use for a principal business/industry) Dwelling, single-family (as an accessory fora aj principal business) Retaining walls andi fences supplementdlregulotons, Satellite dish antennas upplementulregulatons, Temporary construction project buildings  Temporary: storage facility (portable storage units) uptementalregulotions)  Educational Colleges, universities, community colleges Libraries, public or private School, trade or vocational Institutional Ambulance service, rescue squad Cemetery (supplemental regulations) Crematorium (supplemental regulations) Emergency management operation Fire stations Government offices than 1 acre) Military reserve, national guard centers Polices stations Post office, substation Special events supplemental regulations) Utility facilities  Church, synagogue, temple, or other religious building, including accessorys services  Hospitals, clinics, other medical treatment facilities in excess of 10,000 square feet of floor area (less  Wireless communication: facilities, 60f feet tall or less upplementolregulations, Wireless communication: facilities, more than 601 feet tall upementolirgulations,  Manufacturing and Industrial Artisan's workshop (3,000: square feet or less) Offices, Professional, and Services Accounting agencies Advertising agencies    Attorneys Banks/financial services Chiropractic Contractor's offices Insurance office Interior decorating service Medical and dental offices/clinics Medical support offices (testing labs) Opticians Reale estate office/appraisal Recreational Arboretums and botanical gardens Bingo supplementalr regulations) Bowling alleys Indoor athletic and exercise facilities Indoor tennis and squash courts Miniature golf courses Residential Rooming and boardinghouse Tourist homes Retail Sales and Services ABCs store Art galleries  Engheningsunveymgarchtecturalservices general  Temporary emergency, construction, and repair residences supplemental. regulations)  Automobile parking garages or parking lots Automobile parts and accessories Automobile repair shop or bodys shop Automobile. sales and: service (Amended 11/20/17 Automobile service stations upplementulregulatons,  Automotive towing Bakery (retail) Barber shops, beauty shops  Battery charging station supplemental regulations) Battery exchange station uppementolregulatens, Bed & breakfast (supplemental. regulations)  Book store, including the retail of stationery, books, magazines, newspapers Building  supplies and sales Car wash Clothing store  Child care center (Amended 11/20/17) (supplemental tregulations)  Commercial greenhouse ori nursery    Computer sales andi repair Convenience stores Deli Distilleries upplementuliregulations, Dog grooming Drug store Dry cleaner, laundromat Electrical equipment: sales andi repair Electrical repair or contractor (no open storage) Electrical repair or contractor (open storage allowed) Engine repair, small( (including motorcycle) Exterminating and pest control: services Fabricstore Farm, craft, produce markets Florists Foodt truck bupptementelregulatons, Funeral home Gas sales operation uptementuliregulotions) General contractors (no opens storage) General contractors (open storage allowed) Gifts ands souvenirs Grocery/food: store Hardware. store Home appliance dealers Home appliance repair Hotels and motels Ice cream stand or store Jewelry store  Daycare facility, adult (Amended 11/20/17) upplementuliregulations)  Heating and air conditioning installation andi repair (no open storage) Heating and air conditioning installation and repair (open storage allowed)  Manufactured home sales suppementalregulotons, Microbrewery supementalregulotons, Mixed use supementoiregulotons, Museums Music instrument sales and service Music studio Nail/tanning salon Nursing home Office supplies Paint store Photos studios  Motor vehicle, farm equipment, and boat sales or rental or sales and service supplementuliregulatons,  Plumbing repair contractor (no open storage) Plumbing repair contractor (opens storage allowed)    Printing, publishing, and engraving establishments Private postals shipping and receiving Radio and TV stations/studios  Rental of goods, merchandise, and equipment (no outside storage or display of goods) supplemental Rental of goods, merchandise, and equipment (with outside storage or display of goods) (supplemental Restaurants, excluding fast food & drive thru services (Amended 11/20/17) Restaurants, including fast food & drive thru services (Amended 11/20/17 (supplemental Sales of goods, merchandise, and equipment (no outside storage or display of goods) Sales of goods, merchandise, and equipment (with outside storage and display ofg goods)  regulations) regulations) regulations) Shoes store or repair Sporting goods store Talo/resmale/semstres Tires sales (no open storage) (Amended 11/20/17) Toy store Travel agencies Upholstery- furniture repair Veterinarian, animal clinic, no outside kennel Transportation Bus station, trains station Taxi operation  Wholesale Sales and Warehousing Self-service storage facility (supplemental regulations) Wholesale sales Other Uses Communitygardens Farm stand Off-premise signs  Solar energy generating facility, accessory supementoiregulotons, Wind energy generating facility, accessory (supplemental regulations)  Temporary uses (supplemental regulations)  SPECIAL USE Acresson/Uies/Puldines Swimming Pools supementulrgulatons, Institutional  Fraternal clubs and lodges bupplementuliregp.lations)    Hospitals, clinics, other medical treatment facilities in excess of 10,000 square feet of floor area (1 acre  orr more) supplemental regulations) Pet cemetery (supplemental regulations)  Recycling materials collection operations suplementulregulotons,  Manufacturing and Industrial  Artisan's workshop (exceeding 3,000 square feet) suppementolr-gulotons,  Recreational  Athletic fields supplemental. regulations) Billiards and pool halls supementairegulotons, Dance halls suppementaliregulotens, Drive-in movie theaters supplementalr regulations) Gamerooms supplemental regulations) Golf courses supplemental. regulations) Movie theaters (supplemental. regulations) Parks suppementolregulotions, Par 3 golf courses (supplemental. regulations) Skateboard parks supplementalregulations, Tennis courts supptementuliregulationy, Water slides supptementulregulotons, Retail Sales and Services Adult and sexually oriented business supementalregulotions, Bars supementolrgulations, Flea markets upplementuliregulotons, Internet Sweepstakes Operation supplemental. regulations) Night clubs and social clubs supplemental. regulations) Shopping center supplemental regulations) Tattoo/body piercing parlors supplemental regulations) Trucks stop supptementdliregulotons, Trucky vanepemadirgpucton,  Coliseums, stadiums, designed to accommodate more than 1,000 people Gupptementalir-gulotions,  Golf driving ranges not accessory to golf courses (supplementolt regulations) Outdoor: athletic and exercise facilities supplementulregulotions, Privately- owned outdoor recreational facilities Gupptementolregulotions,  Nursing home  Tires sales (open storage allowed) (Amended 11/20/17) supptementulregulatons, Veterinarian, animal clinic, outside kennel (supplemental regulations)    City of Kinston Planning Department P.O. Box 339 M207EKing Street Kinston, North Carolina 28501 Office, 252-939-3271 planning@ckinston.nc.us Re-Zoning Application  RECEIVED 523-al  Applicant  Property Owner(s)  Nameateefah Iwine Address3532. Leng Ln  Name: JAifAKTNIiZaGN.  VVire  Address:3532 Lenaln  ss 27834  Phone: 9733935188  Phone: 973.3935188  Lmemorycarzo gma.com  Requirements: Awritten legal description of the property giving the full metes and bounds description in addition to a plat reference is required with this petition. A plat showing property lines with lengths & bearings, adjoining street, location of existing buildings, north arrow and scale is also required.  Fees:  Re-zoning to: RA-7, RA-8, RA-12  =$200  RA-5, RA-6, RA-20, RM-5 RO = $300  (08,B-1,B-2,B-3 1-1,1-2,1-B, SC  - $300 plus $10 per acre =$350 plus $10 peracre  *The Re-Zoning Application fees along with all other required information must be submitted one month prior to the publicl hearing in order to get on that agenda. Public Hearings are held on the third Monday of the month at 7:00 p.m. Also, a Special Use Re-Zoning also requires a Special Use Application. Ihereby petition the Kinston City Council and the Planning.Board to re-zone the following referenced tract of land  from. RA5 to BI Applicant Signatures  The propertyi is located, at/Q05E, King  and is known in the Lenoir  County RegisterotDeeds office as Map Number: 455 1I-  Augagin  Ihereby authorize the staff of the Kinston Planning Department to inspect the premises of the above referenced property and to place a public notice sign on the premises as required by law. Ihereby dispose and say-thatalsgtatements submitted are true and correct to the best of my knowledge and belief  Property, AwnerN Signatul  s91AFbinragbserbed before me, this 23 _day of May  2024  PUBLIC Bary Public:  utt    NSARIE A7A 37294535XX ROIING MAMSS" PWRCCO PRELMIMARY PLAT NOT FOR RECORDATION. COMEYANCES OR SALES THIS MEDIA SHALL NOT BE CONSIDERED ACERTNED DOCUVENT.  nEs  CCMANEOS AIL STAN SCAE FACIOR: 093ASI8 AMPEOVAS  UNLESS VIET ONERASE NOTEA  MONIY MAP  E. KING SIREET 50'R/ sluy 15537  DeRIr  -3552 20M MA sCri  RON She EECIRCAL  E  REVBINATION. SURVEY- LATEEFA IRVINE AND IRISBAND. CORY IRVINE AINSTON FOMASIIP LENOIR COUNTY CNCSCNE M OANER: LATEEFA RVNE 3532 LENA LANE GREENVILE, NC2 27834 w/: yut STATE NORN CARINI  Miy  APRILB, 2024 NORTII GAROLINA  ARDCSED MEL CAME  CREATE ME ANO ACTE SOINHERON ENOR caATY  aE 44  STATE  CAR SEMMIRAMACNSTE REVEWO CFRCER  E.6 BRIGHT SIREET - 60' R/  ATLANTIC SURYBIING, PA. I SOTH QFEN SIRFET MASTON ArISS0! FHNE (2521527-6934 FAK 152)5 512-0139 FIRW LCENSEA AC- NIZ D4T  20            City of Kinston  RHONDAI BARWICK CITYMANAGER JAMESP.CAULEY CITY ATTORNEY DEBRA' THOMPSON CITY CLERK  MAYORI DONI HARDY COUNCILMEMBERS: BARBARA: SEAFORTH FELICIA SOLOMON CHRISJ.SUGGS ROBERTS SWINSON,IV  MAYOR PRO1 TEM ANTONIO! HARDY  July 9, 2024  RE: Rezoning for Parcel 1005 EI King Street  Dear Petitioner:  This is toi inform you that your request for a rezoning has been placed on the City Council agenda for Tuesday, July 16, 2024. Council will consider this request and hold a public hearing at 5:30 PM or as soon thereafter as may be heard in the City of Kinston Council Chambers located at 207 E. King Street. A copy oft the proposed agenda will be available on the City's website no later than Friday, Julty Your presence (or that of your authorized representative) is required at this meeting to answer any questions which may arise concerning your request. Ify you plan to distribute any documents, exhibits and/or any materials the night of the hearing, please make sure you provide at least ten (10) for Council  12,2024.  and city staff.  Persons with disabilities who require special accommodations. or auxiliary aids for the public hearing should contact the City Clerk by phone at 252-939-3115 at least 48 hours prior to the scheduled meeting so that the necessary arrangements can be made. Ifyoul have any questions regarding this matter, please do not hesitate to contact me at elirzabeth.blount@kinstonne.gov or by phone at 252-939-3271.  Regards,  erigusounp Elizabeth Blount Planning Director  POI Box 3391 Kinston, NC 28502  www.kinstonne.goy  252-939-3115    City of Kinston  RHONDAI BARWICK CITY MANAGER JAMESP.C CAULEY CITYATTORNEY DEBRATHOMPSON CITY CLERK July9,2024  MAYORI DONHARDY COUNCILMEMBERS: BARBARA: SEAFORTH FELICIA! SOLOMON CHRISJ.SUGGS ROBERTSWINSON,IV  MAYOR PRO' TEMA ANTONIO! HARDY  RE: Consideration of an application for Rezoning from RA-5 (Residential) to B-1 (General Business District)  Dear Property Owner,  A request has been made by Lateefah & Cory Irvine to rezone 0.15 acres located at 1005 E King Street, Kinston, NC. The current zoning is RA-5 (Residential) and the requested change is to B-1 (General Business District). Thej property is currently owned by Lateefah & Corey Irvine and can be identified by NCPIN4525-71-  8811.  The noticing process requires notification ofa all property owners within two hundred (200) feet ofany site under consideration fort this rezoning. The Planning Department encourages interested parties toj participate int the The City Council will consider this request and hold aj public hearing on July 16,2024 at 5:30 pm or ass soon thereafter as may be heard in the City of Kinston City Hall Council Chambers, located at 207 East King Street. Anyone wishing to speak in support or opposition oft this request will be afforded time to do SO  public hearing regarding this rezoning request.  at this public hearing.  Persons with disabilities who require special accommodations or auxiliary aids should contact the City Clerk by phone at 252-939-3115 at least 48 hours prior to the scheduled meeting SO that the necessary arrangements can be made. Ifyoul have any questions regarding this matter, please do not hesitate to contact me  at elirabeth.blount@Qekinston.ne.us or by phone at 252-939-3271.  Regards,  Pliguas.Blunp Elizabeth Blount Planning Department Director Enclosures  POI Box 3391 Kinston, NC 28502  www.kinstonne.goy  252-939-3115    Page 2of2  Rezoning from RA-5 to B-1  Parcel 26621  Lateefah Irvine, Owner  116 118 120 122  112 910 903  912 914  0.01N Milés RA/6  RA-5  129 920  128 132 134 136 138  916 918 9140  1102 11041106 1108  901 905  B-1 201  907 909 911  1007 1009 1015 1017 1019 11011103. 11051107  1013 RA-5 1012  1109  904 906  B-1  1018  912 914916, B-1 918 913 30 913 301 9130 913 3010 301 913 913 301 913 301 913 3010 301 303 303303 303 303 Ns 303303303 305 305 305 305 814 814  1006 1008 1010 1014 1016  1100-110211041106  1110  An A nAA. 911 911_911 911  300 1003 1007.1009.1011 1015  1017, 1101 1103 1105  1005 B- 306 1004 1002 310  1013  1107  Legend I-B(CD) 08I RA-12 RA:20 RAS RA-6 RA-6(CD) RA7  1106 1108  Kinston_ Zoning ZONING B-1 B-2 1-1 11-2 18  RAS RO sc <allothery values> <allotherv values> parcels Dec22 parcelsy w/n200  310 310310 10 312 312 812  310 3 305° 305305305 4 312 8120 812 8140 814 307  307 307  B-1 MAYOR DONI HARDY  Sammy Aiken  Chris J. Suggs Mayor Pro Tem Antonio Hardy  Felicia Solomon Robert Swinson, IV        Firefox  ps/paxton.dmamagepocOAKOAMPAewemporiylems.  City of Kinston Notice of Public Hearing of the Kinston City Council Notice is hercby given that the Kinston City Council will hold a Public Hearing at 5:30 pm on Tuesday, July 16, 2024 or as soon thereafter as may be heard, in City Hall Council Chambers, 207 Bast King Street, Kinston, NC. The following item will be heard: 1.A request by Lateefah Irvine to rezone a property located at 1005 E King Street from RA-5 (Residential Dis- trict) to B-1 (General Business District). The property can be identified as NC PIN 4525-71- The aforementioned item may be changed or amended at the public hearing. Citizens are en- couraged to attend the hearing. Copies of agenda materials may be obtained from the address below. Persons with special needs should çontact the City Clerk at 252-939-3115 at least two working days prior to the date of the hearing, Elizabeth Blount Planning Director 207 EI King St, P.O. Drawer 339, Kinston, NC: 28502-0339 252-939-3271 or planning@kin- stonnc.gov July4,11,2024  8811.  2of2  6/26/24,7:52AM    AN ORDINANCETO AMEND' THE OFFICIALZONING MAP BYTHECITY COUNCIL OFTHE CITY OF KINSTON  WHEREAS, the City of Kinston received a request from Lateefah and Cory Irvine to rezone parcel indemnified by NC PIN 4525-71-8811 from RA-5 (Residential) to B-1 (General Business WHEREAS, the Planning Board reviewed this request and voted at their most recent meeting to WHEREAS, this ordinance has been reviewed and adopted in a manner consistent with NCGS WHEREAS, the City Council heard all evidence and arguments presented and reports from the City officials pertaining to said application; and approved that the rezoning is consistent to the THEREFORE, the City of Kinston Official Zoning Map is hereby amended to rezone parcel indemnified by NC PIN 4525-71-8811 from RA-5 (Residential) to B-1 (General Business  District) and  recommend approval oft the rezoning request; and 160D-604, 160D-605 and 160D-701; and  Comprehensive Land Use Plan.  District).  Adopted this 16th day of] July, 2024.  ATTEST:  Debra Thompson, City Clerk    Excerpts from 160D-604 and 160D-605.  Zoning regulations shall be made in accordance with a comprehensive plan. (a) When adopting or rejecting any zoning text or map amendment, the governing board shall approve one of the following statements which shall not be subject to (1)Astatement: approving the zoning amendment and describing its consistency with an adopted comprehensive plan and explaining why the action taken is (2)Astatement rejecting the zoning amendment and describing its inconsistency with an adopted comprehensive plan and explaining why the action taken is (c)When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the governing board. This statement of reasonableness may consider, among other factors, () the size, physical conditions, and other attributes oft the area proposed to be rezoned, (i) the benefits and detriments to the landowners, the neighbors and the surrounding community, (ii) the relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment; (iv) why the action taken isi in the public interest; and (v) any changed conditions  judicial review:  reasonable and in the public interest.  reasonable and ini the public interest.  warranting the amendment.    City ofl Kinston City Council Agenda  TOSIIIES  Meeting Date: Tuesday, July 16, 2024  Agenda Section: WorkSession AND Action Item Request: Special Events Permit  Agenda Item to be Considered  Presenter: Keith Goyette, Police Chief  Subject: Praise int thel Park Assembly & Festival - acceptance and approval  Action Requested: Consider approval for a special event at Kinston Music Park: for the Praise in the Park  Assembly & Festival  Supporting Documentation: Kinston Poliçe Department Memorandum, Special Event Permit  Department Head's Approvalhaf  City Manager's Approval. RB  Budgetary Impact: Staff Recommendation:  ON None  Budgeted  Needs Budget Ordinance  Updated Sepfember 205.6    AVISIONP POLILE  Kinston Police Department  MEMORANDUM  H.C.  Date: Tuesday, July 9, 2024 To: Mrs. Barwick, City Manager  From: Chief Keith Goyette -  CC:  Re: Speciall Events Permit- - Praise in the Park Via: Applicant: Courtney Garner  Assembly & Festival  (252)523-4907  Dear Mrs. Barwick  Courtney Garner, from White Rock Presbyterian Church has requested a Special Event's Permit from the Kinston Police Department and the City ofk Kinston for an Assembly and Festival. Here  isaquick run-down oft the event:  Date/Location: July 27th from 11 am - 5 pm; andi is included int thej packet; No: streets will need to be closed; They will have portable toilets at the event; This is not ai fund-raising project- - iti is open to the public; There will be no alcohol at this event; The hold harmless agreement. has been signed; The City of Kinston is listed as Insurance Certificate Holder The Kinston Policel Department does not object to this application.  Thise event will take place at thel Kinston Music Park- - the rental agreement has been signed  There is no mention of tents, law enforcement and EMS will be called ifneeded;  Sincerely,   Keith Goyette, Police Chief  Mission Statement  The Kinston Police Department pledges I0 serve our communily, lo safeguard lives and property, and lo) preserve order all while respecting the constitutional. rights ofe everyone lo liberly, equalily andj justice.    ANMSTON POLIGE  Kinston Police Department P.O. Box: 339/205 E. King Street Kinston, North Carolina 28502 Phone: 252)939-3139/Pax: (252)939-3276 Website: www.kinstonpd.org  Keith Goyette, ChiefofPolice  SPECIAL EVENT PERMIT  Réturn to:  CityofKinstonp Police-Depatiment: Adminstrative Manager C/OMIS, AngellaWillians: 205EKingStreet: KinstonNC28501 (252)939-3139  Please review the City of Kinston Special Events Guidelines before submitting your application. This form must be submitted at least fifteen (15) business days before the event, along with the Street Closure  Notification Form, Type or print all information. Date Application Submitted: Event Date(s): 0112112024 Time/Duration: IAM-5 5pm  Street Closure! Notification Form Attached? D  Isa applicaut in Compliance with Certification ofInsurance Coverage? Insuranceis MANDATORY  Yes N  No D Policy Attached &  EVENTI DESCRIPTIONANDCONTACT INFORMATION  Event Name: Praise In the Park Location: Kinston Music Paik  Please describe your event: Our wission, is tos shed Liglnt into tcWorld Organization Name: While lock Presby+ terianchurch! ELwalersz ZK  one ommuniyenctowm, onecity at a fime. : An event of ferd,on,elouasihle  Telephone: $14 Thompsenst Address: ivston NC20501 Event Organizer/Planner: Courtney Ganer Telephone Number703744640 GENERALEVENT! INFORMATION Type ofe event (check all appropriate): Assembly A Concert D Festival & Race (Foot) D Rally D Parade D  Website:  (257)523-4407  Email Address: yanarepmalican  Non-profit must attach a copy of501(c)3 status Attached: D  Race (Bike) D Car Show D Walk-a-thon D  Mission Statement  Thel Kinston Police Departmen!) pledges los serve our communily, los safeguard lives and! properly, and to! preserve order all while respecling the constitutional righis ofe everyone lo liberty, equality andj justice.    Please check any special activities that applyt to your event: Amusement. Rides 0 Dunk' Tanks D  Inflatables D Mobile Stages D  Petting Zoos D  Ponyl Rides D  Other:  Is your event open tot the general public? Is this ai fund-raising project?  Yes 4 No 0 Yes D Yes a  No 5 No %  Ist thist thei first time you are holding this event?  Total number ofexpected participants (volunteers, walkers, etc.) and spectators anticipated: Will any public streets need to be fully or partially closed? Yes D No X  loo  Will any sidewalks be closed or blocked off?  Yes D No   Please described: requested street/sidewalk closures OR attached a detailedi map and turn-by-turn directions.  between between between between  (Street) (Street) (Street) (Street)  (Street) (Street) (Street) (Street)  (Street) (Street) (Street) (Strect)  and and and  Will other polices services be requested (traffic/parking directions, route layout, etc.)? Yes  No A  Ifyes, explain:  Will youl have tents? Yes A  No D  Will any of the tents be over 400 sq. £.? Yes D No X Reminder: Ifyes, please contact Kinston Fire) Deparimemt252-9393164 What are, youry plans for providing emergency medical services (choose one)  We are requesting the City toj provide EMS: serviçes Thisi is a small event and we will call 911 ifneeded  & 0  We plan to use aj private EMS company or other Health Services D  Mission Statement  Thel Kinston Police Department) pledges lo serve oMr commnily, to. safeguard lives and property, andi to preserve order all while respecting thec constitutional rights of feveryone to liberly, equalily andj justice.    MSIOLPOLCS  Kinston Police. Department P.O.Box: 339/205B. King Street Kinston, North Carolina 28502 Phone: (252) 939-3139/Fax: (252)939-3276 Website: www.kinstonpd.org  HG Keith Goyette, ChiefofPolice  Is your event location ats ac city park or on at trail?  Yesk  No a  Ifyes, contact Parks & Recreation for Reservations 252-939-3332 Please: atfach thel Parks & Recreation Agreement to this request. Ifusing at trail, what section (s) doy youy plan to use: (Attach mapi ifneeded) How do you plan to handle restroom services: Portable' Toilets D Other: Ifportablet toilets will be provided, please list the name/contact ofthe company: Ifno portable toilets willl be provided, how will these requirements be handled?  Ifata a park or trail, which one (s)?  musicfark  Payys Portable Toilets lc 9197359402  How do you plan tor remove garbage and/or recycling?  Kivston RablicSevvkes  Reminder: Ifrequesting City receptacles, contact! Kinston Public Services Whati is your plan to provide parking fore event attendees? (List locations): Dos you plan to sell, distribute or give away food or refreshments?  Paxking oton  E.Shivesh, Payving along Queenst Empfylots ont ftelitagesE  Yes (Sell) D  Yes Distribute/Giveayay, M  No D  Ifyes, please describe: Planning to giveawoy Fcod - Kataog.hamtburger, Do you) plan to sell or serve alcohol? Yes D No Alcohdl Permitattached D An Alcohol Permit is required unless an approved ABCI licensed business is selling/serving alcohol. Will: security services bei needed (required when alcohol is served)? Yes a No & Reminder: Ifyes, please go to our website (Kinstonpd.org) and click on' "T want to" and locate "Hire an Off- Duty Police Officer. Then follow the directions for signing up and off-duty officer for your event. You can find You can also contact our off-duty police officer scheduler, OffI Duty Management at (252)513-4856: for assistance.  cig.rinksices,  Reminder": Ifyes, confact Sergeant. J. Walker 252-939-3184  itat the following link: eaimdfisetakcmknmNCPDataienn  Type of Alcohol (check allt that apply): Beer 0  Unfortified Wine D  Fortified Wine/Liquor D Mission Statement  The Kinston Police Department pledges lo serve our community, los safeguard lives and! property, and to) preserve order all while respecting the constitutional. rightso ofeveryone to liberty, equalily and justice.    Whoi iss serving/selling alcohol (check allt that apply):  Host D  Caterer D Other:  NoteThe Event Organizer is responsible for contacting residents'and: business owners that willbe atfectedbystreet: closing orsideyalkçlsing priorto ornal sonaleAtountortimd before the event Note: Amap of your event and/or your proposed youte (including assemblyand disbanding. areas)  must.) be attached, tothis application,  Mission Statement  Thel Kinston Police Department pledges tos serve our community, to safeguard lives and! properly, andi to preserve order all while respecting the constitulional. rights ofe everyone to liberty, equality andj justice.    ANISTONE POLIGE  Kinston Police Department P.O.) Box: 339/205) E. King Street Kinston, North Carolina 28502 Phone: 252,939-3139/Fax: (252)939-3276 Website: www.kinstonpd.org  H.C. Keith Goyette, ChiefofPolice  CONDITIONSOFYOURAPPLICATION  Submitting this Special Event Permit Application does notj provide permission to conduct your planned event. Please doi nots send out] publicity, flyers or other media prior to receiving confirmation of approval. Your confirmation willl bei int thei form ofal PERMIT, issued to the organization and/or person responsible Applicants agree to1 remove allj props andi items brought intot thej public areas and clean up all litter and debris that result from the event thes same day ast the event (unless explicit arrangements are made otherwise). Issuance ofaj permit does NOT grant applicants tot tow vehicles from reserved or closed  for conducting the event.  areas.  Return this application ands all supporting documentation to: By) Email: melsladmasn 252-939-3139  Byl Mail: Kinston Police Department Attn: Angella Williams P.O.Box339 KinstonNC28502  Inl Person: Kinston Police Department Attn: Angella Williams 205EI King Street Kinston NC28501  Final approval of thej permit willl be authorized by the City Council or ChiefofPolice. CANCELLATION: POLICY: Written notification ofi intent to cancel your event must be receivedi in writing: a minimum of21 days prior tot thes scheduled event date. Itshould be received by the Special  Event Coordinator at the either oft the addresses above.  PLPASESGNANDDATE  1. Icertify that all information included in this application andi in all supporting documentation is true 2. Ihave read, understood and agree to the City of Kinston Special Event Guidelines and any rules, 3. Bys signing and: submitting this application, Iand/or the sponsoring organization(s) agree to abide by  and accurate tot thel best of my knowledge. regulations, and fees outlined ini it. Cocbey 9  thel laws, rules, regulations, and deadlines oft the City ofKinston.  Ollaglaoa-p Date  Applicant's Signatoe Approved N  Denied D  Mission Statement  The Kinston Police Department pledges tos serve our communily, to safeguard! lives and properly, and! lopreserve order all while respecting the constitutional: rights ofeveryone lo liberly, equalily andj justice.      CITY OF KINSTON  Hold Harmless Agreement for Special Events  Event organizer agrees to protect, defend, indemnify and hold the City of Kinston , its officials, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and arising outofor relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind in connection with or arising out of this agreement and/or the performance hereof that are due to the negligence of the sponsor, its officers, employees, or agents, not the result ofthe City's sole negligence. The sponsor further agrees to investigate, handle, respond to, provide defense for, and defend the sameatits: sole expense and agrees to bear allother  costs and expenses related thereto.  loulruy 89 Signature of Event Organizer  oul2gl2e2 Date  Mission Statement  The Kinston Police Department pledges to serve our communify, to safeguard lives and! property, and to preserve order all whilet respecting the constitutional rights ofeveryone to liberly, equality andj justice.    IISTOHPO POLICE  SPECIALI EVENT STREET CLOSURE  Kinston) Police. Department P.O.Box 339/205 E. King Street NCREGATEONNIDE Phone: (52)939-3139/Fax: (252) 939-3276 Website: www.kinstonpd.org  HC.  Keith Goyette, Interim ChiefofPolice  As an event planner, you are responsible for notifying the neighbors and businesses in the surrounding area of your event. The City recommends notifying as many businesses and residents around the event site as early as possible, You should discuss your plan for notification with the Special Event Coordinator at the time you submit your permit For events with over 500 attendees or more than 100 pre-registered participants expected (and for any event in downtown Kinston), a written notification plan must be submitted at Ieast 50 days before the event. See the Create a Notification Plan section below for more Use the Street Closure Notification Fornt and Signature Sheets to document how you carry out your plan. These forms must be submitted to the Special Event Coordinator at least 30  application,  information.  days prior to your event. CREATE. AI NOTIFICATONPLAN  The Special Event Coordinator can help you determine if a written notification plan is required for your event. Yournotification plan does not have to be elaborate, but it should 1. What is your plan for providing direct notification to affected: residents and business? What mailings, fliers, signs, or other materials will you use toj provide notice?  clearly answer the following questions:  2. 3. 4.  How will youj publicize your event? What is your timeline for notification? Name of event Pyaise-intre py K Date and timeframe of event 0412712024 IlA-5p Description of associated. street closures N)A address) Cowrimey Guxney 602)374-9U40 Website associated witli event,ifapplicable  WHATTOINCLUDE: INT NOTIPICATIONTO. AFFECTED RESIDENTS & BUSINESSES  Name ofsponsoriug orgmiatomo,fapplalbe WwikleLReseicromcuMahenzk Description ofe event and timeline for noisei impacts of event, such as music or fireworks Mwsic Name and contacti information of event organizer (includiug aj phone mmber and email  WHOTONOTIY Affected Residents and] Businesses  Atai minimum,; yous should provide direct notification (typically door-to-doorvisits) to: Residents and businesses on and adjacent to aj proposed femporary street closure Residents and businesses who may bes seriously impacted by thet temporary: street closure (especially those whose primary access to their propertyi is affected by the closure) Thei Kinston Police Department) pledges 10s serve our community, to safeguardlives and property, and to preserve order all while respecting the constitutional. rights ofeveryone to liberty, equality and justice.  Mission Statement    Please provide a list of residents and businesses that have been contacted regarding your special  event (Sheet attached)  SPECIALI EVENT STREET CLOSURE, NOTIPICATIONSITEIT  The City ofl Kinston requires event) planners to notify surrounding residents and businesses. Please list all  residents and businesses contacted.  Event Name: NAME Jeah NIA Milon NIA NIA Jomes NIA Eoyl NIA NIA Wonda NJA Nicki Apshbawsoh Houle NIR Jownes Felds  PiselnTheArk  Event) Date:  o1le7/2oz4 HOW CONTACTED Llexinyex Letrex FLeY nuey LeleFlyey WHFiyey LelxFey LHFyew Lttehupy Ltrxinlyev uwylElyes AtrxFey tatcr LElyey Leehev LtlFey LwIReY UitxIFlysy ubw Flyev uwFey  ADDRESS  Clementine (vyawa 101 Spring HiuRd  105 SpringHiu Ra 126 Sbuths S+ 12 South S+ 1o Sbwihst 10 Stuthst lo4 Souths S+ oSASouthgt 150Bueens GA Ap+ Mo Loflivd 114 lofknRd 113 Lofhn Rd 112 Loftin Rd IL loffind 1D Loftin Rd 103 lofin Rd 105 LoftinRd Royalty Hewp Co. Quecnst  (Make additional copies, ifnecessary)  Mission Statement  Thel Kinston Police Department pledges t0 serve our community, to safeguard lives and! property, and lopreserve order all while respecting the constitutional rights ofeveryone to liberty, equalily andjustice.    Kinston-Lenoir County Parks and Recreation Department 2602 W. Verran Averue Kinston, NC: 28504 252-939-3332  KnstorLotol County www.kinstonrec.com  Facility Rental Contract  Permit #: Contract Date: 06/07/2024 Use Type: Description: Community Event Registrar: Phone: Email:  24-00392 Community Event Staff (702)374-9640 csgarnenso@gmal.om  Page 1of2  Customer Courtney Garner  527 Acrebrook Dr Kinston, NC 28504  Rental Information  Location: Music Park @ Music Park 500 South Queen Street Kinston, NC: 28501  Total Hours:  12.00  Dato Day  Time  Description  Qty Unit Rate Total ATaxi  7/27/2024 Sat 8:00A AM- 8:00PM Count: Harvey 100) Gardens/Music Park Flal (REC) (Head  1.00 Each  $125.00 $125.00 $0.00  Bling/Payment Summary Invoicef 7824  Totall Hours TotalF Fees Total Sec Dep Total Tax Rentall Total  12.00 $125.00 $0.00 $0.00 $126.00  Due Date 06/07/2024 Total  Total $125.00 $125.00  Amount Paid Balance Due $125.00 $125.00  $0.00 $0.00  RentalTerms, andiConditions!  "RESERVATION TIMES INCLUDE DECORATING & CLEAN UP TIME** Facility will be OPENED and CLOSED based on the reservation time listed on your Refunds are not given on picnic shelters or the Pepsi SprayGround. (Rain checks willl be Refunds are not given on any type of tournament held in the gyms. "NOEXCEPTIONS ABSOLUTELYNOTARE/NAILS/DECORATIONS OF: ANY KIND: ONTHE WALLS OR CEILINGI (You will be charged for damages and flagged for future reservations). Customer is to put all trash in the trash cans. Trash can liners are provided. DQ NOTE LEAVE: TRASHORFOOD:ONFLOORI Please use trash cans/trash bags!!! Loud and/or obscene music is NOT allowed in yhalipospeprond Bounce Houses Inflatables)ARENOTlowedinside of facilities. **NO EXCEPTIONS AIE Bounce: Houses require a 700non-refundable fee to. be paid at time. of reservâtion. The use: of a Bounce House requires a Certificate ofInsurance that myst be received! in our office prior tothe event and must list the. CITYOF KINSTON and KINSTON/LENOIR. COUNTY PARKS & RECREATION DEPT as  reservation form. given if avallable)    Page:1 of1  Kinston-Lenoir County Parks and Recreation Department 2802 W. Vemon Avenue Kinslan, NC: 28504 252-939-3332  Sales Receipt 1299160 Courtney Garner RS  Receipt #: Recelpt Date: 06/07/2024 Receipt Total: $125.00 Paid By: Registrar: Pay Method: Cash  Kimtorlooir Counly www.kinstonrec.com  $125.00  Customer Courtney Garner  527 Acrebrook Dr Kinston, NC 28504  Primary Phone: (702)374-9640 Quantity Price Ea  Item Description  Total $125.00  Permit#: 24-00392- Payment on Invoice#: 7824  $125,00  Music Park 7/27/24  Receipt Total  $125.00    ACORD  CERTIFICATE OF LIABILITY NSURANCE  DATE (MIDDNYYY) 07/03/2024  THIS CERTIFIÇATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS GERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER/S), AUTHORIZED IMPORTANT: Ift the certificato holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed, Ifs SUBROGATION IS WAIVED, subjoct to the terms and conditions oft the policy, certain pollcies may require an endorsement, As statement on this certificate does not confer rights tot the  REPRESENTATIVE ORI PRODUÇER, AND THE CERIICATEMOLDER.  çertificate holderi inl Hey ofs such endorsemont(s).  PRODUCER Foresile Sports, Inc, DBA: Eventsured 35531 Wesl Chester Pike #418 Newtown Square, PA 19073 INSUREO  CONTACT NAME: Evenlsured Customer Service PHONE IACNO.EK: 88B-882-5902 ADDRESS: E-MAIL nlo@evenlsured.com INSURERA: Houston Casualty Company  LING.No: FAX.  INSURER(S)A AFFORDING COVERAGE  NAIC# 42374  INSURERB: INSURERO C: INSURERD: INSURERE: INSURERF:  ELMatters2k Serila &Courtney Garner P.O Box 3192 Kinston, NC: 28501  COVERAGES INDICATED. CERTIFICATE EXCLUSIONS INSRI LTR TYPEC OF! INSURANCE GENERAL LIABILITY XCOMMERCIAL GENERALI LIABILITY CLAIMS-MADE OCCUR A X GENLAGGREGATELAMAT, APPLIESF PER: Xipoucy! LFBg LOC AUTOMOBILE ELABILITY ANY AUTO ALL OWNED AUTOS HIREDA AUTOS UMBRELLALIAB EXCESSLIAU DED RETENTIONS WORKERS COMPENSATION ANDE EMPLOYERS" LIABILITY ANY! OPICAPNESACUVA OFFICERIMEMBERI EXCLUDED? yes, (Mandalory! describe Int NH) under DESCRIPTION OF OPERATIONS below  CERTIFICATE NUMBER: TM362320  REVISION NUMBER: FOR THE POLICY PÉRIOD ABOVE TO WHICH THIS RESPEÇT TERMS. LIMITS 1,000,000 300,000 5,000 1,000,000 2,000,000 1,000,000 0  THIS IS TO CERTIFY THAT THE POLICIES OFI INSURANCE LISTED BEL OW HAVE BEEN ISSUED TO THE INSURED NAMED.  NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE AND CONDITIONS OF SUCHF POLICIES. LIMITS SHOWN! MAY! HAVEE BEENREDUCEDBY PAID CLAIMS.  ADDL/SUBR INSRIwO Y  POLICYNUMBER #238E00155/71M362320  MADDY POLICYEFF MADDYY POLICYE EXP  EACH OCCURRENCE DAMAGE PREMISES TORENTED fEas occurrenco) $ MEDE EXP( (Anyo ones person) $ GENERAL AGGREGATE PRODUCTS- -COMP/OP AGG $ DEDUCTIBLE COMBINED SINGLELIMIT (Eas scdldent). BODILY INJVRY( (Pery person) $ BODILYINSURY (Per accidenty $ PROPERIY (Peracckienl) DAMAGE EACHOCCURRENCE AGGREGATE WCSTATU. oTH TORYLMIS LER EACHACCIDENT EL.E E.L. DISEASE- -EAE EMPLOYEE $ E.L. DISEASE. POLICYLIMIT $  07/27/2024 07/28/2024 PERSONAL AAPVINJURY S  12.01AM 2:01AA  SCHEDULED AUTOS AUTOS NON-OWNED OCCUR CLAIMS-MADE YIN NIA  $ $ $  DESCRIPTION OFC OPERATIONS/ /LOCATIONS! IVERICLES (AllachA ACORD 101, AddilonalRemarkss Schedule,l imores spacel is required)  Additional Insureds must! bev venue managers or municipallies and are added wilh respect loc ouri insureds operations only. Walver of Subrogation (WoS) and Primary & Non-Contributory! (PNC) wording applies only when coverage is purchased by the Insured, requlred! by written contract anda asl Indicatedi below," This coverage Isy with respect tot the Religlous Celebrallont tot bet held on 07/27/2024. 07/27/20241 with7 75a allendees atA African American Muslc Trall 500 S Queen Sireet Kinston, NC 28501. Additional Insureds include: African American! Muslc Trall 500 SQueen Sireet KInston, NC 28501; Spring Hills & South Queen (PNC  selecled).  CERTIFICATE HOLDER  CANCELLATION  SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN  African American Music Trail 500 SC Queon Street Kinston NC, 28501 (2010/05)  ACCORDANCE WITHTHE! POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE  ACORD 25  58  01 1988-2010/ ACORD CORPORATION. All rights reserved,  The ACORD name and logo are reglstered marks of ACORD    COMMERCIAL GENERAL LIABILITY  CG24040509  WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US  This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSCOMPLETED OPERATIONS LIABILITY COVERAGE PART  SCHEDULE  Name Of Person Or Organization:  As required by Written Contract (Landlord only)- CG24040509 (Only applicable if this coverage  option is purchased byi individual Certificate Holders)  Information required to complete this Schedule, Ifnot shown above, will be shown in the Declarations.  The following Is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of We waive any right of recovery we may! have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This walver applies only to the person or organization shown in the  Section IV- - Conditions:  Schedule above.  CG24040509  O Insurance Services Office, Inc., 2008  Page1of1 a    ENDORSEMENT  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION  This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART  SCHEDULE  Name of Additional Insured Person(s) or Organization(s)  As required by' Written Contract (Landlord only) - CG24040509 (Only applicable if this coverage option is purchased by individual  Certificate Holders)  Ifno entry appears above, this endorsement applies to all Additional Insureds  covered under this policy,  The following is added to the Other Insurance Condition and supersedes any provision to the Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy (1) The additional insured is a Named Insured under such otheri insurance; and  (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance avallable to the  contrary:  additional insured.  provided that:  AS 10270617  O Insurance Services Office, Inc., 2012  Page 1 of1    ENDORSEMENT #1 - SCHEDULE ENDORSEMENT and PREMIUM REPORIING  THIS ENDORSEMENT EFFECTIVE: 12:01 A.M., December 1, 2023  FORMS Al PART OF POLICY NO: H23SE00155 BY: Houston Casualty Company  ISSUED TO: Scheduled Members of Speclal Event Planners Association  Commercial General Liability Schedule of Rates/Advance Premium Premlum and Rate Basis: Varies - On file with the company.  COVERAGE IS NOTI INCLUDED UNLESS OPTIONAL COVERAGE IS SELECTED. AND1 THE CONDITIONS LISTED BELOW ARE MET.  OPTIONAL COVERAGES  Additional Insured - As required by' Written Contract - Primary and Non Contributory Ifindividual Certificate Holder selects the coverage, they will pay $50.00: additional premlum plus applicable surplus lines taxes. The purchased coverage will be noted on the monthly report submitted loc company, and such coverage form AS 1027 06 17 will apply tot that specific Certificate Holder only. Ifindividual Cerlificate Holder selects the coverage, then they will pay $50.00 additional premium plus applicable surplus lines taxes. The purchased coverage willl be noted on the monthly report submitted to Company, and such coverage form CG 2404 05 09 will apply to that specific Certlficate Holder only. Youhave the abillty to offer Liquor Liabilily coverage for short term events with 5,000 or less attendees where alcoholl Is being sold by a professional bartender anda alcohoi receipts are under $20,000. The purchased coverage will bei noted on the monthly report submitted to company, ands such coverage forms CG DS030798: and HLLCVGI FORM wille apply to thats specific Certificate Holder only. There is an optional $1,000.00, $5,000.00 and $10,000.00 limit for Medical Payments for Spectators. The associated premium Is $10.00, $50.00, and $100.00 per event, respectively. The purchased coverage will bei noled on the monthly report submitted to Company, ands such coverage form AS 1008B 06 17 willa apply  WAIVER OF SUBROGATION- - Asi required by Written Contract (Landlord Only).  Liquor Liabllity  MEDICAL PAYMENTS (Spectators Only) to that speclfic Cerlificate Holder only,    COMMERCIAL GENERAL LIABILITY  CG21530196  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED ONGOING OPERATIONS  This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Description of Designated Ongolng Operation(s): 3. Activities taking placei in or on Water 4. Air Shows 5, Carnivais 6. Childcare and/or Daycare 7. Circus Shows 8. Gun Shows or events involving Fire Arms 9. Haunted Houses 10. Medical Examinations and/or Vaccinations 12. Overnight Camping 13. Rave parties 14. Rodeos 15. Special Effects 16. Transportation of Attendees 17. Tractor or Truck Pull Specified Location (If Applicable): as applicable to this endorsement.)  SCHEDULE  1. All operations related to field orf facility ownership, operations andlor maintenance 2. All operations and/or aclivities taking place inside a Third Parly Private Residence  11. Motorsports, including butr not limited to Auto, Aircraft, Watercraft and/or Motorcycle Races  (Ifr no entry appears above, information required to complete this endorsement will be shown in the Declarations The following excluslon is added to paragraph 2., Unless a "location" is specified in the Schedule, this Exclusions of COVERAGE A = BODILY INJURY exclusion applies regardless of where such opera- This insurance does not apply, to "bodily injury" or this endorsement, this excluslon applies only to the "properly damage" arising out of the ongoing opera- described ongoing operations conducted at that regardless of whether such operations are conducted For the purpose of this endorsement, "location" by you or on your behalf or whether the operations means premises Involving the same or connecling  AND PROPERTY DAMAGE LIABILITY (Sectionl-  tions are conducted by you or on your behalf. If a specific "location" is designated in the Schedule of  Coverages):  tions described in the Schedule of this endorsement, "location".  are conducted for yourself or for others.  lots, or premises whose connection is interrupted only by a streel, roadway, waterway or right-of-way of a  railroad,  CG21530196  Copyright, Insurance Services Office, Inc., 1994  Page 1of1 D    ENDORSEMENT  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  MARIJUANA EXCLUSION  This endorsement modifles insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART  A. Thei following exclusion is added: This insurance does not applyt to: 1." "Bodily injury', "property damage" or personal and advertising injury" arising out of, caused by, or attributable to, whether in whole or in part, the following: a. The design, manufacture, distributlon, sale, serving, furnishing, use or possession of "marijuana"; b. The aclual, alleged, threatened or suspected inhalation, ingestion, absorption or consumption of, contact with, exposure to, existence of, or presence of' "marijuana"; 2.' "Properly damage" to' "marijuana". This exclusion applies even If the claims against any Insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or property damage", or the offense which caused the' personal and advertising injury", involved that which is described In Paragraph A.1. or A.2. However, this exclusion does not apply to any "marijuana" that is not designed, manufactured, distributed, sold, served or furnished for bodily:  B. The fallowing definition is added to the Definitions  section: "Marijuana": 1, Means:  Any good or product that consists of or contains any amount of Telrahydrocannabino! (THC) or any other cannabinoid, regardless of whether any such THC or cannabinold is 2. Paragraph B.1. above Includes, but is not limiled to, any of the following containing such a. Any plant of the genus Cannabis L., or any part thereof, such as seeds, stems, flowers, b. Any compound, byproduct, extract, derivatlve, mixture or combination, such as,  natural or synthetic. THC or cannabinoid: stalks and roots; or but notl limited to: (1) Resin, oil or wax; Hash or hemp; or (2) (3) infused liquid or edible marijuana; whether derived from any plant or part of any plant set forth in Paragraph B.2.a. above or not.  or  above.  a. Ingestion; b. Inhalation; C, Absorption; or d. Consumption.  HCC 1017 01 2022  OI Insurance Services Office, Inc., 2017  Page 1 of 1    2, This exclusion applies to any claim or "suil" alleging in whole or In part any of the events described in the a. Whether an act or omission is by, for, or on behalf of an insured, or at the direction of an insured, or by or b. Whether an act or omission is on premises owned or occupied by an Insured, or owned or occupled by Regardless of the Intent or degree of culpability of anyi insured, or of any other person or entity; d. Regardless of whether the use or misuse of a "firearm" or "weapon" is a direct cause, and/or a contributory cause of such' bodily injury', "properly damage", "personal and adverlising injury," or "injury"; e. Regardless of the presence of other allegations in the claim or "suit" which are not excluded by the Regardless of the legal theory of lablity or damages, including but not lmited to vicarlous liability, violation of any law or slatute, criminal act, intentional act or negligence, and Including but not limited to causes of actlon based on hiring, supervislon, retention, training, Instructing, advising, monlitoring,  paragraphs above:  at the direction of any other person or entity. any other person or entity;  terms of this endorsement; and  providing security, or implementing procedures and protocols.  3. The following are added to SECTION V- DEFINITIONS  a. "Firearm" means any pistol, rifle, gun or other device capable of expelling or propelling one or more projectiles by the action of an explosive, combustible propellant, or compressed air. b, "Weapons" means instruments that can be or are utilized in an offensive or defensive nature and include but are notl limited tol batons, bow or crossbow, arrows, knives, mace, stun guns or swords,  ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.  OCt Authorized Ropresentative  HCC 1022082022  Page 20 of2  Includes Copyrighted materlal ofl Insurance Services Offico, Inc., with Ils permission.    ENDORSEMENT  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  FIREARMS OR WEAPONS - EXCLUSION  This endorsement: modifies insurance provided under the! following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM The following exclusion is added:  1. This insurance does not apply to "bodily injury," "property damage," "personal and advertising injury," or a. The ownership, maintenance, use or misuse by anyi insured or any other person of any' "firearm"; b. The ownership, maintenance, use or misuse by any insured or any ofher person of any object or instrument used as a "weapon'", whether or not It was originally intended, created, or designed to be used Any act, error or omission committed by you or on your behalf In connection with the prevention or  "injury" arising out of, caused by, or resulting from, in whole or in part:  asa" "weapon"; suppression oft the use of: Any "frearm";  Any object or instrument used as a "weapon", whether or not it was originally intended, created or d. The failure of any insured, or any person or legal entity to provide an environment safe from the use of "firearms" or "weapons" whether or not such instrument, object or projectile was originally intended, created or designed to be used as a "weapon" or "firearm", including but not limited to the failure to provide adequate security, or thef failure to warn of the dangers of the environment which could contribute Inwhole or inj part to the' "bodily injury," property damage," personal and advertising injury," or "injury,"or e. Any failure or delay In the rendering of proper aid or assistance, reporting to proper authorities, investigating any incldent, preserving of any evidence, or otherwise failing to respond properly or timely to any "occurrence" involving a "firearm" or "weapon" regardless of whether such instrument, object or projectile was originally intended, created or designed to be used as a' "weapon" or "firearm." Manufacturing, importation, sales, distribution, gunsmithing, ownership, maintenance or use of  designed tot be used as a "weapon";  the failure to maintain thep premises by you, any insured, or any person or legal entitly;  "firearms" or weapons".  g. Use, sale or manufacturing ofa ammunition.  HCC 1022 08 2022  Page 1of2  Includes Copyrighted. materlal ofl Insusance Services Offico, Inc., with Its permission.    ENDORSEMENT  THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READI IT CAREFULLY.  SPECIFIED EVENT ACTIVITIES EXCLUSION  This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM  SCHEDULE  1.A Activities laking placel Inside aT Third-Parly Private Resldence 2. Activities taking plaçel Inc ord on Water 3. Any and allo operationsi Involving golfo carls 4. Body Plorcing andlor Tattoolng 5, Bungee, Jumping 6. Childcare Operations 7. Drinking Games 8. Hang Gliding 9. Haunted Houses 10. Hay/Wagon Rides 11. Hot Alr Balloons 12, Luge andlor" Tobogganing 13. Medical Exams andlor Vacclnalions Watercraft 15. Obslacles 16. Open Flames 18. Parade Participation 19. Parkour 20, Petting: Zoo 21. Protests, Ralles andlor! Marches 23. Rave Partles 24. Rodeos 26, Skateboarding 30. Tugo ofWar 31. Velcro. Jumps 32. Virlual Aolivities  14. Motorsports, Including butr notl limlled to7 Tractor or Truck Pull, Racing or Speed Contests involving Alrcraft, Aulos or  17. Overnight Activitles, Includingt but notl limited to Overnight Camping  22, Rap/Hip Hop, Metal, Punk Rock, and/or Electronic Dance Muslc Performances  25. Saddle Anlmals and/or Saddle Anlmal Rides 27. Skling, Snowboarding andlor Snowmobling 28. Theatrical Wresling, Boxing andlor Mixed Marlial Arls Events 29. The use ofg guns, firearms, knives, weapons ofa any kind andfor projective devices  The following exclusion is added to Paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTIONI- COVERAGES) and Paragraph 2, Exclusions OfCOVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY This insurance does not apply to "bodily injury", "properly damage", or personal and advertising injury" arising out of any event activity which is shown in the SCHEDULE to this Specified All other terms, conditions and exclusions of the policy remain unchanged.  (SECTIONI- COVERAGES): Activities Exclusion.  Sct Authorized Representative  SE 10350210  Page 1of1    COMMERCIAL GENERAL LIABILITY  CG21320509  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART  A. The following exclusion is added to Paragraph 2. B. The following exclusion is added lo Paragraph 2.  Exclusions of Section I- Coverage A - Bodily Injury And Property Damage Llability: Thisi insurance does not apply lo: Communicable Disease municable disease, wrongdoing in the:  Exclusions of Section i - Coverage B - Per- sonal And Advertising Injury Liability: This insurance does not apply to: Communicable Disease "Personal and advertising Injury" arising out of the actual or alleged transmission of a commu- nicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the: a. Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b, Testing for a communicable disease; C. Fallure to prevent the spread of the dis- d. Failure to report the disease to authorities.  2. Exclusions  2. Excluslons  "Bodily injury" or' "properly damage" arising out oft the actual or alleged transmission of a com- This exclusion applies even if the claims against any insured allege negligence or other a. Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. Testing for a communicable disease; . Failure to prevent the spread of the dis- d. Failure to report the disease to authorities.  ease; or  ease; or  CG21320509  OI Insurance Services Office, Inc., 2008  Page 1of1 D    Arising out of the involvement of any performer during any activily, event or exhibition, including, but  not! limited to any stunt, concert, show or theatrical event.  DEFINITION OF PARTICIPANT  For purposes of this endorsement, "participant" means any person who Is parlicipating, practicing, or is otherwise  involved in an activity, event or exhibition. "Participan!" does notl Include any spectator.  HSLEE EX  Page 2of2    COMMERCIAL GENERAL LIABILITY  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  EXCLUSION - SPORTSILEISUREIENTERTAINMENT ACTIVITIES AND DEVICES  This endorsement modifies insurance provlded under the following: COMMERCIAL GENERAL LIABILITY COVERAGE. FORM  SECTIONI- COVERAGES, COVERAGE Al BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. EXCLUSIONS, is amended  ye adding each exclusion wheni indicated by an Xt toi the policy.  This Insurance does nota apply to bodlly injury", "properly damage", "personal and adverlising injury"  Inverted Aerial Maneuver ajump:  Arising out of the attempt to perform or performance of any inverted aerial maneuver by a skler from  1. Built by, you or on your behalf; or Amusement Device  2, Bullt ony your premises with) your permission or knowledge.  Arising out of the ownership, operation, maintenance or use of any" 'amusement device". For purposes of this exclusion, amusement device" means any device or equipment a person rides for enjoyment, including, but not Iimited to, any mechanical or non-mechanical ride, slide, water slide (including any ski or tow when used in connection with a waler slide), moonwalk or moon bounce, bungee operation or equipment. "Amusement device" does noti include any video arcade or computer Arising out of the ownership, operation, maintenance or use of any bungee operation or equipment whether owned, operated, maintained or used by you, any other Insured or any other person or entity.  game, Bungee Grass Arising out of grass skling. Animals Object Propelled "Participan!" Rodèo Concert Performer  Arising out of injury or death to any animal. direction ofa a" parliclpant" ori insured.  Arising out of any object propelled, whether intentionally or unintentionally, Into the crowd by or at the Arising out of lhe involvement of a participant in any activity, event or exhibition, including, but not limited to, any contest, physical training, sport, event, athletic activily, marlial arts or stunt. Arising out of any rodeo activily, including, but not limited to, bronco or bull riding, steer roping, team  roping, barrel racing or horseback riding. Arising out of a concert, show, or theatrical event.  HSLEEX  Page 1 of2    ENDORSEMENT  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  EXCLUSION - CONTRACTORS AND SUBCONTRACTORS  Thls endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM  The following exclusion is added and supersedes any provision to the contrary:  This Insurance does not applyt to:  "Bodily Injury", "Property Damage", "Personal and Advertising Injury', or Medical Payments to any person, including any "employee" of any insured, to any contractor or subcontractor hired by a contractor, hired or retained by or for any insured, or to any "employee" of such contractor or subcontractlor, arising out of work performed by any contractor or subcontractor whether hired by or on behalf of any insured, or any acts or This exclusion applies to all clalms and "sults" by any person or organization for damages because of such "Bodily Injury", including damages for care and loss of sèrvices, "Properly Damage", "Personal and  omissions in connection with the general supervision ofs such work.  Advertising Injury", or Medical Payments.  All other terms, conditions, and excluslons remain unchanged.  SGt Authorized Representative  SE 10850318  Page 1 of1    (e) "Bodily injury" or "property damage" () The operation of machinery or equipment that is allached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" If It were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally (I) The operalion of any of the machinery or equipment listed in definition of' "mobile equipment".  This exclusion applles even if the claims againsl any insured allege negligence or other wrongdoing in the supervislon, of others hiring, employment, training or monitoring that insured, if the offense which caused the "personal and advertising injury" involved the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned This exclusion does not apply to: a. The use of another's advertising idea in your advertisement"; or b. Infringing upon another's copyright, trade dress or slogan in your "advertisement". "Unmanned aircraft" means an aircraft that is not:  arising out of:  by  aircraft".  garaged; or  Paragraph f.(2) or f.(3) of the C. The following definition Is added to the Definitions  section: 1. Designed; 2. Manufactured; or 3. Modified afler manufaclure; on the aircraft.  B. The following exclusion is added to Paragraph 2, Exclusions of Coverage B - Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Unmanned Aircraft "Personal and advertising injury" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned alrcraft". Use includes operation  to be controlled direcily by a person from within or  and' loading or unloading".  Page 2 of2  O Insurance Services Office, Inc., 2014  CG21090615    COMMERCIAL GENERAL LIABILITY  CG21090615  THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.  EXCLUSION - UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LABILITYCOVERAGE PART  A. Exclusion 2.g. Aircraft, Auto Or Watercraft under Section I Coverage A - Bodily Injury And Property Damage Liability is replaced by the This insurance does not apply to: g. Aircraft, Auto Or Watercraft (1) Unmanned Aircraft  This Paragraph g.(2) applies even If the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training ormonitoring of others by that insured,if the "occurrence" which caused the "bodily injury" or "property, damage" involved the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft that Is owned or operated by or rented or loaned to any This Paragraph g.(2) does not apply to: (a) A watercraft while ashore on premises you own or rent; (b) Av watercraft dor not own () Less than 26f feet long; and (I) Not being used to carry persons or properly for a charge; Parking an "auto" next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (d). Ljabilily assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or  following: 2. Exclusions  "Bodily Injury" or property damage" arising out of the ownership, maintenance, use or entrustment to olhers of any aircraft that" is an "unmanned alrcraft". Use includes operation and' "oading or unloading". This Paragraph g.(1) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training orn monitoring of others by that! Insured, if the "occurrence" which caused the "bodily Injury" or "properly damage" Involved the ownership, maintenance, use or entrustment to others of any alrcraft thati is an' 'unmanned aircraft". (2) Aircraft (Other7 Than Unmanned Aircraft), Auto Or Watercraft "Bodily Injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any. aircraft (other than unmanned aircraft"), "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "bading or  insured.  you  that Is:  (c)  on, or on the ways  unloading".  CG21090615  O Insurance Services Office, Inc., 2014  Page 1of2    ENDORSEMENT  REQUIREMENTS FOR WRITTEN CONTRACT OF VENDORS OR EXHIBITORS FOR SPONSORED EVENTS  This endorsement modifies insurance provided by: COMMERCIAL GENERAL. LIABILITY COVERAGE FORM  1. Paragraph 10. is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDI- 10. Vendor or Exhibitor Contract Require- Youv warrant all of the following: a. You will maintain, in fullf force and effect, av written contract between you and each one of your vendors or exhibilors that participates in each event that you spon- sor, manage, or hold (hereinafter, such event is referred to as the "sponsored b. You will require in such written contract that such vendor or exhibitor deferids you and holds you harmless for such vendor's ore exhibitor's liability arising out oft the' "sponsored event"; C, You will require in such written contract that each vendor or exhibitor maintain, infull force and effect, primary Com- mercial Goneral Llability Insurance for the "sponsored event" on a form that provides coverage at least as compre- hénsive as a standard ISO pollcy with defense oulside of the limits of insur- ance and minimum limits of insurance of (1), $1,000,000 Per Occurrence, and (2) $1,000,000. Aggregate Limit; d. You will require in such written contract that each vendor or exhibitor add you as an Additlonal Insured on such vendor's All other terms and conditions of the policy remain the same.  or exhibitor's policy for any and all liabil- ity arising out of the "sponsored even!"; You will maintaln in your office a Certifi- cate of Insurance or other evidence of coverage naming you as an Additional Insured on such vendor or exhibitor's  TIONS as follows: ments  and  policy.  2. Notwithstanding Paragraph 4., Other Insurance of SECTION IV 1 COMMERCIAL GENERAL LIABILITY CONDITIONS, this coverage part shall be excess of any other primary Commer- cal General Liability Insurance naming you as an Additional Insured. 3. The following exclusion is added to 2., Exclusions of COVERAGE A BODILY Paragraph IN- JURY AND PROPERTY DAMAGE LIABILITY (SECTIONI- COVERAGES)and. Paragraph 2., Exclusions of COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY (SEG- TIONI- COVERAGES) as follows: [This insurance does not apply Any claim or "suit" arising out of any vendor's or exhibilor's liability arising out of a "sponsored even!" if you breach any of the warrantles con- tained in Paragraph 10. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDI-  event");  lo:]  atl leas!:  TIONS,  OCt Authorized Representative  HRQVE    THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS  This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART  SCHEDULE  Name Of Person Or Entity (Additional Insured):  As required by written contract.  A. Section II. - Who Is An Insured is amended to include as an additional insured the person or entily shown in the Schedule, but only with respect to liabilily arising in that part of the designated premises leased, licensed, or otherwise available to you and subject to the following additional exclusions: 1. This insurance does not apply to any loss, claim, "suit", cost, expense or liability for damages directly or indireclly based on, attributable to, arising out of, involving, resulting from, ori ina any way relatedt to: a. Any' 'occurrence" which takes place prior to your occupancy or affer you cease to be a tenant in that premises or; b. Structural construction, demolition, maintenance or other operations performed by or on behalf of the person or entity shown in the Schedule. 2. Coverage (including defense) Is provided only to the extent lhat liabilily is created for an additional insuled by the negligent acts, errors, or omissions of the Named Insured. If liability for Injury or damage Is imposed or sought to be imposed on any additional Insured because of the acts, errors, or omissions of any additional insured or any pèrson or entity under the direction or control  of any additional insured, this insurance does Coverage for an additional Insured under this endorsement shall be excess, Any other insurance the additional insured has shall be primary with respect to this insurance. Except as provided herein, all other terms, conditions, provisions, exclusions, and endorsements of this policy remain the same and  not apply.  applicable.  conditions,  alterations,  Includes copyrighted material of Insurance Services Office, inc., with its permission.  HC-GL-40-020 01 17  Page 1of1    COMMERCIAL GENERAL LIABILITY  CG20120798  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS  This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART  SCHEDULE  State Or Political Subdivision: As required by written contract,  (Ifr no entry appears above, information required to complete thls endorsement will be shown in the Declarations as  applicable tot this endorsement.)  Section II - Who Is An Insured is amended to include as an insured any state or political subdivi- sion shown in the Schedule, subject to the following 1. This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or political subdivision! has issued  2. This insurance does not apply to:  a. "Bodily or b.' hazard".  Injury," "properly damage" or' "personal and advertising injury" arising out of opera- tions performed for the state or municipalily; "Bodily injury" "properly damage" within the producls-completed operations  provisions; ap permit.  or  included  CG20120798  Copyright, Insurance Services Office, Inc., 1997  Page 1 of1 D    C. Ina accordance with the terms and conditions of the policy and as more fully explained In the policy, as soon as practicable, each additional insured must glve us prompt notice of any occurrence" which may resuit in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all of the policy's terms and conditions. Failure to comply  with this provision may, al our option, result in the  claim or "sult" being denied.  All other terms, conditions ande exclusions of the policy remain unchanged.  SE 1004 02 10  Page 2 of2  Includes copyrighted information of the Insurance Services Offices, Inc., with its permission.  All rights reserved.    COMMERCIAL GENERAL LIABILITY  ENDORSEMENT  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  LIMITED EVENT COVERAGE  This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART  This insurance applies only to "bodily injury", "property damage" or "personal and adverlising injury" arlsing out of an "occurrence" or offense which takes place during an event shown in the Schedule below. Notwithstanding the specific date(s) shown In the Schedule below, those activitles that are parl of the setup and teardown requlred for the event are  considered part of the event.  The following is added to SECTIONIV- COMMERCIAL GENERAL LIABILITY CONDITIONS:  Ifa any of the events in the schedule below are postponed by you, we may amend the scheduled date(s) to the date(s) you tell us, You must promptly notify us In writing of the postponement on or prior to the scheduled start lfany of the events in the schedule are cancelled by you, we may refund to you the premlum for the cancelled events ify you cancel the event(s) prior to the scheduled start date(s). Your must promptly notlfy us in writing of the  date(s) and prior to ther revised starl date(s). cancellation prior to the scheduled. start date(s).  SCHEDULE MAXDAILY ATTENDANCE LOCATION  DATE OF EVENT  TYPE OF EVENT To be endorsed  LIMITS* PREMIUM*  *Limits & Premlum as per Commercial General Liability Declarations CGI DS011001 events are covered under this Policy unless speclfically reported and endorsed.  Itis hereby agreed that coverage is afforded for the events listed on the Limited Event Coverage Endorsement. No other  All other terms and conditions shall remain unchanged.  HLMTEVT  Page 1 of1    COMMERCIAL GENERAL LIABILITY  CG21700115  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM  This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUORLIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION: LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANKI POLICY  A. If aggregate Insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deduclible under the Terrorism Risk insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, are subject to pro. rata allocation in accordance with procedures established by the Secretary of "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorlsm Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a" "certified act of ferrorism" include the following: 1. The actr resultedi in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism  2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual ori individuals as part of an effort to coerce the clvilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. exclusion, or the napplicabilily or any omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part.  and in such case insured losses up to that amount B. The terms and limitations of  terrorism  the Treasury.  Risk Insurance Acl; and  CG21700115  O Insurance Services Office, Inc., 2015  Page 1 of1    COMMERCIAL GENERAL LIABILITY  CG21900106  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  EXCLUSION OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LABLITYCOVERAGE PART LIQUORLIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT/COMPLETED OPERATIONS LIABILITYCOVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY  A. The following definitions are added and apply B. Thei following exclusion is added:  under this endorsement wherever the term terror- ism, or the phrase any injury or damage, are en- 1. "Terrorism" means activitles against persons, organizations or property of any nature: a. That involve the following or preparation for (1) Use or threat of force or violence; or (2) Commission or threat of a dangerous (3) Commission or threat of an act that interferes with or disrupts an electronic, communication, informatlon, or mechan- b. When one or both of the following applies: (1) The effect is to intimidate or coerce a government or the civilian population or any segment thereof, or to disrupt any segment of the economy; or (2) It appears that the intent is to intimidate or coerce a government, or lo further political, ideological, religlous, social or economic objectives or to express (or express opposition to) a phllosophy or 2. "Any injury or damage" means any injury or damage covered under any Coverage Part or Policy to which this endorsement is applicable, and includes but is notl limited to' "bodily injury", "properly damage", "personal and advertising injury", "injury" or environmental damage" as may be defined in any applicable Coverage  EXCLUSION OF TERRORISM  closed in quotation marks:  We will not pay for' "any injury or damage" caused directly or indirectly by' "terrorism", including action in hindering or defending against an actual or ex- pected Incident of "terrorism", "Any injury or dam- age" Is excluded regardless of any other cause or event that contributes concurrently or in any se- quence to such injury or damage. But this exclu- sion applies only. when one or more of the fol- lowing are attributed to an incident of 1. The "terrorism" is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclear weapon or de- vice that Involves or produces a nuclear reac- tion, nuclear radiation or radioactive contami- 2. Radioactive material is released, and it ap- pears that one purpose of the "terrorism" was torelease such material; or 3. The "terrorism" Is carried out by means of the dispersal or application of pathogenic or poi- sonous biological or chemical materials; or 4. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the "terrorism" was to release such  the following: act; or  "terrorism":  ical system; and  nation; or  ideology.  materials; or  Part or Policy.  CG21900106  OI ISO Properties, Inc., 2004  Page 1 of2 a    PERSONAL AND ADVERTISING INJURY EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART  Itis hereby agreed that with respect to Coverage B. Personal and Advertising Injury Liability:  1. This policy does not apply to the following offenses arising out of:  A. Invasion oft the right of privacy;  B. Infringement of copyright, whether under statutory or common law;  C. Libel, slander or other forms of defamation;  D. Unauthorized uses of titles, formats, ideas, characters, plots or other program material; and E. Infringement of copyright or common law properly rights, in literary or musical material,  plagiarlsm, unfair competition or piracy.  All other terms, conditions and excluslons remain the same,  OCt Authorized Representative  SE 10920219    ENDORSEMENT  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  AGGREGATE LIMIT ENDORSEMENT This endorsement modlfies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM  SCHEDULE  Aggregate Limit As on file with the company and for which the appropriate premium has been pald  Per Association Per Camp Per Club Per Coach Per Event Per Facllity  Per League Per Location Per Member Per Official Per Region Per Team Per Tournament  X] Per Scheduled Named Insured  Information required to complele this Schedule, If nots shown above, will be shown in the  Declarations.  Ifal boxi is marked ini the Schedule of the Aggregate Limit Endorsement, then the following applies: The General Aggregate Limit under Section III - Limits of Insurance applies separately to each such person  ore entityi indicated by the marked box.  All other Terms and Conditions of the Policy remain the same.  SCt Authorizod Representative  AS10030114  Page 1 of1  Includes Copyrightod Material of the Insurance Services Office, Inc.,  withi its permisslon.    THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY.  STUNT EXCLUSION ENDORSEMENT  This endorsement modifies insurance under the following:  COMMERCIAL GENERAL LIABILITY COVERAGE PART  In consideration of the premium charged, it is hereby agreed that all stunting activity or any practice or preparation of any such stunt is excluded from all coverage under this policy. "Stunting Activity", means any feat or activity requiring special strength, skill, equipment, device  or daring.  All other terms and conditions remain the same,  OTCt Authorized Representative  SE 1076 (06 11)    ENDORSEMENT  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  COLLAPSE OF TEMPORARY STRUCTURE EXCLUSION ENDORSEMENT  This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM  The following exclusion Is added to Paragraph 2. Excluslons of COVERAGE This policy does not apply to any "bodily Injury" or property damage" arising out of the collapse of temporaryg grandstand, tent, bleacher, stage and/or any other temporary structure. All other terms, conditions ande exclusions of the policy remain unchanged.  PROPERTY DAMAGE LIABILITY  A BODILY INJURY AND  (SECTIONI-C COVERAGES):  any  STCt AUTHORIZED REPRESENTATIVE  SE 10110210  Page 1of1  Includes copyrightedi information oft the Insurance Services Offices, Inc., with its permission.  Allr rights reserved    COMMERCIAL GENERAL LIABILITY  CG21460798  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  ABUSE OR MOLESTATION EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL. LABLITYCOVERAGE PART  The following exclusion is added to Paragraph 2., Exclusions of Section I- Coverage A - Bodlly Injury And Properly Damage Liabillty and Para- graph 2., Exclusions of Section I- Coverage B- Personal And Advertising Injury Llability: This insurance does not apply to "bodily injury", "properly damage" or "personai and advertising 1. The actual or threatened abuse or molestation by anyone of any person while in the care, custody  2. The negligent: a. Employment; b. Investigation; C. Supervision; tos so report; or. e. Retention;  d. Reporting to the proper authorities, or fallure of a person for whom insured is or ever legally responsible and any whose conduct would was excluded by Paragraph 1, above.  injury" arising outo of;  or control of any insured, or  be  CG21460798  Copyright, Insurance Services Office, Inc., 1997  Page 1of1 D    ENDORSEMENT  THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY,  ASSAULT AND BATTERY EXCLUSION This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM  The following exclusion Is added to Paragraph 2. Excluslons of COVERAGE AND PROPERTY DAMAGE LIABILITY (SECTION I  A BODILY INJURY (SECTIONI- and  Excluslons of COVERAGE B PERSONAL AND ADVERTISING COVERAGES) INJURY LIABILITY and Paragraph 2. injury", arising out of assault and/or battery or out of any act or omission in injury connection advertising  COVERAGES):  This Policy shall not apply to "bodily injury, properly damage", or "personal  prevention or suppression of such assault and/or battery.  with the  All other terms, conditions and exclusions of the policy remain unchanged.  OCt Authorized Representative  SE 10080210    IOKIOMARINE  HCC  POLICY NUMBER: H23SL00155 This insurance effected on behalf of: 24 S. Newtown Street Road Newtown Square, PA 19073  Scheduled Members of Special Event Planners Association  provided for:  GENIRALLIABILITY INSURANCE  As per attached terms and conditions  by:  HOUSTON CASUALTY COMPANY  134031 Northwest Freeway Houston,' Texas 77040 Telephone: (713)462-1000 Facsimile: (713)462-4210  hesfal At-Al ChOa  MichaelJ, Schell President and CEO  Alexander Ludlow Secretary  Iny noth Witness be valldi Whereof, unlesss signed the Coropany! byad duly hase authorizedr executed repreentative anda attestedt ofthe tbese presents! butt this polioy thall  Company,  ALL CLAIMS TO: BEI REPORTED IMMEDIATELY TO HOUSTON CASUALTY COMPANY    The insurer which has issued this insurance is not licensed by the Pennsylvania Insurance Department and is subject to limited regulation. This insurance is NOT covered by the Pennsylvania Property and Casually Insurance Guaranty Association. Placed by:    Policy Number H23SE00155 Policy Period 12/1/2023- 12/1/2024 At 12:01A.M.S Stondord time aty your malling address shown  TOKIOMARINE HCC  Common Policy Declarations you to provide the insurance as stated in this policy.  Inre return for the payment of premium, and subject to all the terms of the policy, we agree with  Named Insured:  Business Description Special Event Liability  Scheduled Members of Spacial Event Planners Association  24S. Newtown Street Road Newtown Square, PA 19073  This policy consists of the following coverage parts for which a premium is indicated.  This premium may be subject to adjustment  Coverage Part  Premium! Endorsed hereon Endorsed hereon $20.00 Endorsed hereon  General Liabilily TRIA: GL PA Stamping Fee Total Premlum  Premium showni is payable ati inception.  Policys subject to minimum earned premium of $2,500 or 25% (whichever is greater)  These declarations, together with the common; policy conditions and coverage form(s) and any  endorsements, complete the above numbered policy.  Houston Casualty Company OCt (Authorized Representative)  By:  Page 1of4    Policy Number H23SE00155 Pollcy Period 12/1/2023- 12/1/2024 At12:01A.M. Standardt time aty your mailing address shown  TOKIOMARINE HCC  Named Insured & Location Schedule  Named Insured:  Scheduled Members of Special Event Planners Association  Location:  24 S. Newtown Street Road Newtown Square, PA 19073 Covered Activities:  This coverage is in respect to the scheduled, sponsored, and supervised events of the subscribed certificate holders  who are listed and endorsed on this policy.  These declarations, together with the common policy conditions and coverage form(s) and any  endorsements, complete the above numbered policy.  Page2of4    IOKIOMARINE HCC  Policy Number H23SE00155 Policy Period 12/1/2023- 12/1/2024 At12:01A A.M. Standardt time aty your molling address shown  Commercial General  Liability Declarations  Limits Aggregate  General Aggregate Products & Completed Operations Personal & Advertising Injury Each Occurrence  Tob be Endorsed To be Endorsed Tol be Endorsed To be Endorsed To be Endorsed  Damage to Rented Premises (Each Occurrence)  These declarations, together with the common policy conditions and coverage form(s) and any  endorsements, complete the above numbered policy.  Page 3of4    Pollcy Number H23SE00155 Policy Period  TOKIOMARINE HCC  12/1/2023-12//2024  COMMON POLICY PACKAGE FORMS  COMMON POLICY CONDITIONS- HC COM 20 001 (04/11) ECONOMIC AND TRADE SANCTIONS- HC COM 99 001 (04/11) CALCULATION OF PREMIUM-IL 00 03 09 08 DISCLOSURE PURSUANT TO TERRORISM. RISKI INSURANCE ACT-IL.09850115 SANCTION LIMITATION/ AND EXCLUSION CLAUSE-LMA3100 TOKIO MARINE HCC CLAIMS REPORTING PROCEDURES COMMERCIAL GENERAL LIABILITY FORMS  COMMERCIAL GENERAL LIABILITY COVERAGE FORM' OOCURRENCF-CecpoA AMENDMENT- PROPERTY DAMAGE- HCC 1027022 2023 CONTRACTUAL LIABILITY LIMITATION CG21391093 EXCLUSION - VIOLATION OF STATUTES HC GL 40006 (04/11) NUCLEAR ENERGY LIABILITYE EXCLUSIONI ACOAGPMENT-L0021008 EMPLOYMENT - RELATED PRACTICES EXCLUSON-0021471207 PROFESSIONAL LIABILITY EXCLUSION. SE 10320210 TOTAL POLLUTIONI EXCLUSION- HC GL 40012 (04/11) TOTAL LEAD EXCLUSION- SE 1080 (06/11) ASBESTOS, AND: SILICA EXCLUSION ENDORSEMENT- SE 1079 (06/11) SECURITIES AND FINANCIAL INTEREST EXCLUSION- SE 1077 (06/11) SERVICE OF SUITO CLAUSE ENDORSEMENT- HC GL 40013 (04/11) EXCLUSION- - SELECTED. ACTIVITIES- AS 1004 01 14 FIREWORKS EXCLUSION- SE 1022021 10 GENERAL LIABILITY EXTENSION! ENDORSEMENT- -HC GL 77001 (01/13) ASSAULT, ANDI BATTERY EXCLUSION- SE 1008 02 10 ABUSE ORI MOLESTATIONI EXCLUSION- -CG21460798 EXCLUSION- - COVERAGE C-N MEDICAL PAYMENTS. CG21351001 COLLAPSE OF TEMPORARY STRUCTURE EXCLUSION- SE 10110 0210 STUNT EXCLUSION- SE 1079 (06/11) AGGREGATE LIMIT ENDORSEMENT- AS 1003011 14 PERSONAL. AND. ADVERTISING INSURY EXCLUSION-SE 10920219 ROLLING DATE ENDORSEMENT- AS 1010011 14 CAP ONLOSSES FROM CERTIFIED ACTS OF TERAOR6W-C8217015 EXCLUSION OF TERRORISM - CG21900106 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TOUS-C624040509 ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT- SE 10040210 LIMITED EVENT COVERAGE ENDORSEMENTI HLMTEVT AIMANAGERS OR LESSORS- - HC GL 40 020 01 17 AIS STATE OR POLITICAL: SUBDIVISION CG201 120798 REQUIREMENTS FOR WRITTEN CONTRACTWITHY VENDOR OR EXHIBITORHRQVE EXCLUSION- UNMANNED, AIRCRAFT CG210 09061 15 EXCLUSION- CONTRACTORS AND SUBCONTRACTORS SE 1085 031 18 EXCLUSION- - ONTPAESUACEMTERANNENI ACTIVITES AND DEVICES- -HSLEEX COMMUNICABLE DISEASE EXCLUSION- CG21320509 SPECIFIED EVENT ACTIVITIES EXCLUSION- SE 10350210 FIREARMS OR WEAPONS E EXCLUSION- HCC 1022082022 MARAJUANA! EXLUSION- HCC 1017 01 2022 EXCLUSION-D DESIGNATED ONGOING OPERATIONS- -CG21530196 ENDORSEMENT - SCHEDULE ENDORSEMENT    Common Policy Conditions  A, Cancellation  D.I Inspections and Surveys Wel have the right but are not 1. make any inspections and any time; 2, give your reports on the conditions we find; and 3. recommend changes Anyi inspeclions, surveys,  1. The first Named Insured shown int the Declarations may cancel this policy by surrendering the policy to us or our authorized agent or byr maling or delivering to us or our authorized agent advance written notice of cancellations. 2, We may cancel this policy by mailing or delivering to the first Named Insured written nolice of cancellation at least; a) 10 days before the effective date of cancellation! if we cancel for premium; or b) 30 days before the effective date of cancellation if we cancel for any other reason. conditions: 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to Us or our authorized: agent. 4.7 The time of surrender or the effective date This condition applies not to us, but also to and hour of cancellation slated int the notice shall become the end of the policy period. 5.t this policy Is cancelled, we will send the Inspections, recommendations. surveys, reports, or first Named Insured any premium refund due. If we cancel, the refund willl be pro rata. lft the first E. Premlums Named Insured cancels, the refund may! be less than pror rata, The cancellation will be effective even ifv we have not made or offereda Declarations: 6.1 lfr notice isi mailed, proof of mailing will be sufficient proof of notice, B. Changes  obligated to: at surveys  or reports,  recommendalions relate only toi insurability and the premiums to be charged. We do not make safely inspections. We do not undertake to perform the duty of any person or organization top provide for the health or safety of works or the public. And we do not warrant 1. are safe or healthful; or 2. comply with the laws, codes, or standards. regulations, any rating, advisory, rate service, onlyt or similar organization which makes insurance  of  nonpayment  that  The first Named Insured shown in the 1.Is responsible for the payment of all premiums; and 2. Willl be the payee for any return we pay. F.Transfer Of Your Rights And Duties Under This Policy  refund,  premiums  This policy contains all the agreements the Declarations is not authorized to make consent. Thls policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. We may examine and audity your books and during the policy period and upt to three years HC-COM-20-001 (04/11)  between you: and us concerning thei insurance Your rights and duties under this policy may afforded. The first Named insured: shown in not be transferred without our written consent  except in the case of death of an individual lfyoud die, your rights and duties willl be transferred toy your legal representative but while acting within the scope of duties as your only legal representative. Until your proper temporary custody of your property will have your rights and duties but only with  changes in the terms of this policy without our named insured.  C.E Examination Of Your Books And Records representative is appointed, anyone legal having  records as they relate to this policy at any time respect to that properly.  afterward.  Includes copyrighted material of Insurance Services Office, Inc., with its permission    THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  ECONOMIC AND TRADE SANCTIONS CONDITION The following condition is added to the COMMON POLICY CONDITIONS: ECONOMIC AND TRADE SANCTIONS CONDITION  In accordance with laws and regulations of the United Slates concerning economic and trade embargoes, this policyi is void ab initlo (void from its inception) with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade embargoes including, but not limited to the following: 1. Any insured, or any person or entity claiming the benefits of an insured, who is or becomes a Specially Designated National or Blocked Person or whoi is otherwise subject to U.S. economic or 2. Any claim or' "suil" that is brought in a Sanctioned Country or by a Sanctioned Country Government, where any actioni in connection with such claim or suit is prohibited by U.S. 3.A Any claim or' "suit" that is brought by any Specially Designated National or Blocked Person or any person ore entity who is otherwise subject to U.S, economic or trade: sanctions; 4.F Property that isl localed in a Sanctioned Country ort that is owned by, rented to ori in the care, custody or control of a Sanctioned Country Government, where any activities or actions related to such properly are prohibited by U.S. economic or trade sanctions; or 5. Property thati is owned by, rented to or in the care, custody or control of a Specially Designated National or Blocked Person, or any person or entily whoi is otherwise subject to U.S. economic or As usedi in this endorsement a Specially Designated National or Blocked Person is any person or entity thati is on the list of Specially Designated Nationals and Blocked Persons issued by the U.S. Treasury Department's Office of Foreign Asset Control (O.F.A.C.) as itn may be from time to time As used in this endorsement a Sanctioned Country is any country that is the subject of trade or economic embargoes imposed byt the laws or regulations of the United States of America.  trade sanctions;  economic or trade sanctions;  trade sanctions.  amended.  HC-COM-99-001 (04/11)    L00030908  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUTF POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENTRELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LABILITYCOVERAGEI PART POLLUTIONLIABILITYA COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAROAD PROTECTIVELABLITY COVERAGE PART  The following is added:  The premium shown in the Declarations was com- puted based on rates in effect at the time the policy was issued. On each renewal, continualion, or anni- versary of the effective date of this policy, we will compute the premium in accordance with our rates  andi rules then in effect.  IL00030908  OISO Propertles, Inc., 2007  Page 1 of1 D    SANCTIONLMITATION AND EXCLUSION CLAUSE  No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to provide any benefit hereunder to the extent that the provision of such  claim or  pay any  provision of such benefit would expose that United Nations resolutions United Kingdom or United States of America.  cover, payment ofs such claim or  (re)insurer to any sanction, prohibition or restriction under  or the trade or economic sanctions, laws or regulations oft the  European Union,  LMA3100  15/09/10    IL09850115  THIS ENDORSEMENT IS ATTACHED TO AND MADE  REQUIREMENTS OF THE TERRORISM RISK INSURANCE PART ACT. OF YOUR POLICYI IN RESPONSE TO THE DISCLOSURE  ORCHANGE THE TERMS AND CONDITIONS THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE  OF ANY COVERAGE UNDER THE POLICY.  DISCLOSURE PURSUANT TO TERRORISM RISK  INSURANCE ACT  SCHEDULE  SCHEDULE-F PARTI  Terrorism Premium (Certifled Acts) $ Coverage Form(s) and/or Policy(ies):  This premium Is the total Certified Acts premium attributable to  the following Coverage Part(s),  Additional information, If any, concerning the terrorism premium:  SCHEDULE- PARTI Il  Federal share of terrorism losses _80_ % Year: 2020 (Refer to Paragraph B. int this endorsement.) Federal share of terrorism losses (Refer to Paragraph B. int this endorsement.)  % Year: 20  Information required to complete this Schedule, ifr not shown above, will be shown in the Declarations.  A. Disclosure Of Premium  Ina accordance with the federal Terrorism Risk Insurance. Act, we are required to provide you with anotice disclosing the portion of your premium, if any, attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown In the Schedule of this endorsement or int the policy Declarations.  IL09850115  OI Insurance Services Office, Inc., 2015  Page 1 of2    B. Disclosure Of Federal Participation In Payment C, Cap On Insurer  OfTerrorism Losses  Participation In Payment Of  Terrorism Losses lfa aggregate insured losses attributable acts certified under Acte exceed $100 billion the in Terrorism a calendar Risk Insurance have met our insurer Terrorism Risk Insurance deductible under the liable for the payment of Act, we shall not be of such losses that exceeds any portion of the amount such case insured to subject pro rata allocation in accordance with procedures established by the Secretary of the Treasury.  The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program, The federal share equals a percentage (as shown In Part l of the Schedule of this endorsement or in the policy Declarations) of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However, If aggregate insured losses attribulable to terrorist acts cerlified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion.  to terrorist year and we $100 billion, and in losses up to that amount are  Page 2of2  Oinsurance Services Office, inc., 2015  IL09850115    TOKIOMARINE HCC  Speclally Group 401 Edgewater Place, Sulte 400 Wakefleld, MA 01880 USA Tel:781-994-6000 Fax:7 781-994-6001  CLAIM REPORTING PROCEDURES  All claims regardless of severity or location should be reported directly to American Claims Management (ACM). Losses can be reported 24 hours a day/seven days a week, at:  * *  Email: NewLossesCLOacmclaims.com or Telephone: 888-799-2919  Claims correspondence can be sent to ACM's Claim Department Mailing address:  ACM Claims P.O. Box 9060 Carlsbad, CA 92018-9060  IMPORTANT  * Please include your policy number and insured name, on all correspondence. * If youl have any video of the incident, please be sure to preserve the ORIGINAL  and make a copy to provide to. ACM.  Ar member ofthe Toklo! Marine HCC group ofc companies    COMMERCIAL GENERAL LIABILITY  CG00010413  COMMERCIAL GENERAL LIABILITY COVERAGE FORM  Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and whati is andi Is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured showni in the Declarations, and any, other person or organization quallfying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this The word "insured" means any person or organization qualifylng as such under Section H - Who Is An Other words and phrases that appear in quotation marks have special meaning. Refer to Section V -  (2) The "bodily injury" or "property damage" occurs during the policy perlod; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II - Who Is An Insured and no "employee" authorized byy you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or properly damage" had occurred, inwhole or In part. If such a listed Insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or property damage" during or after the policy period will be deemed to have been known prior to the pollcy period. C. "Bodily injury" or "property, occurs during the policy period and was prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section l-Who Is An Insured orany' reçeive "employee" notice of authorized by you to give or resumption any of that continuation, "bodily damage" after the end oft the injury" policy period. "properly d. "Bodily injury" or "properly damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II - Who Is An Insured or any' "employee" authorized by yout to give or receive notice of an "occurrence" or (1) Reports all, or any part, of the' "bodily injury" or "property damage" to us or any other (2) Recelves a written or verbal demand or claim for damages because of the "bodily injury" or' properly damage";or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily Injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury".  Insurance. Insured, Definitions. SECTION! I- COVERAGES COVERAGE. DAMAGE LIABILITY 1. Insuring Agreement  which not,  damage"  A- BODILY INJURY. ANDI PROPERTY  a. We will pay those sums that the insured becomes legally obligated to pay as damages because of' "bodily injury" or" "properly damage" tov which this Insurance applies. We will have the right and duly to defend the insured against any "suit" seeking those damages. However, we wi!l have no duty to defend the insured against any "sull" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or' "suit" that mayr result. But: (1) The amount we will pay for damages is limited as described In Section III - Limits (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or setlements under Coverages A or B or medical expenses under Coverage C. No other obligation or Habllily to pay sums or perform acts or services is covered unless explicilly provided for under Supplementary Payments - Coverages A andB. b. This insurance applies to "bodily injury" and property damage" only If: (1) The "bodily injury" or property damage" Is caused by an' "occurrence" that takes place Int the' "coverage territory";  includes  an "occurrence" or claim,  change or  or  claim: insurer;  Ofl Insurarice; and  CG00010413  O Insurance Services Office, Inc., 2012  Page 1 of 16    2. Exclusions This Insurance does not a. Expected Or Intended Injury  This exclusion applies even if the claims against any insured allege negligence or other (a) The supervislon, hiring, employment, training or monitoring of others by (hat (b) Providing or failing to provide transportation with respect to any person that may be under the influence ifthe "occurrence" which caused the "bodily injury". or "properly damage", involved that which is described in Paragraph (1), (2) or (3) However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, beverages, serving For the or furnishing alcoholic permitting a person purposes to of this exclusion, alcoholic beverages on your premises, bring for consumplion on your premises, whether or not charged or a license is required a fee is activity, is not by itself considered the for such of selling, serving or beverages. d. Workers' similar law. e. Employer's Llability "Bodily Injury" to: (1) An "employee" of the insured and in the course of: (a) Employment by thei insured; or (b) Performing duties related to the conduct ofthei insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above, This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does assumed by the insured not under apply an to "insured liability contrac!".  apply to:  wrongdoing in: insured; or ofaicohol;  "Bodily injury" or properly damage" expected or Intended from the standpoint of the insured, This exclusion does not apply to' "bodily injury" resulling from the use of reasonable force to protect persons or properly. b, Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liabilly in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the Insured would have in the absence oft the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contrac!", provided the "bodily Injury" or "properly damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of llability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for aj parly other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Llability to such party for, or for the cost of, that parly's defense has also been assumed int the same insured contract"; (b) Such attorneys' fees and litigation expenses are for defense of that parly against a civil or alternative dispute resolution proceeding In which damages to which this Insurance applies are "Bodily injury" or "property. damage" for which any insured may be held liable by reason of: (1) Causing or contributing to thei intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal under the Influence of alcohol; drinking or age or (3) Any stalute, ordinance or regulation relating to the sale, gift, distribution or use of alcohollc beverages.  above.  business alcoholic  furnishing  Compensation And Simllar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any  and  arising out of  alleged. C. Liquor Liability  Page 2 of16  O Insurance Services Office, Inc., 2012  CG00010413    f. Pollution  (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or Indirectly on any insured's behalf performing operations if the "pollutants" are are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: () "Bodily injury" or properly damage" arising out of the escape of fuels, lubricanis or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, If such fuels, lubricants orother avehicle operating fluids escape from or receive part them. designed This to hold, store intentional damage" arises out of the release of discharge, the fuels, lubricants dispersal or fuels, fluids lubricants or other operating are brought on or to the premises, intent that site or location with the dispersed or released they be discharged, operations being performed by such insured, contractor or subcontractor; (I) "Bodily injury" or sustained within property a caused by the release of fumes or vapors from materlals gases, brought into that building In connection with operations being performed by you or on your behalf byac contractor or subcontractor; or (i) "Bodily injury". or "properly damage" arising out of heat, smoke or fumes from a' "hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants".  (1) "Bodily injury" or "properly damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of' "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph (1) "Bodily Injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (1) "Bodly injury" or "properly damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional Insured with respect to your ongoing operations performed for that additional Insured at that premises, site or location and such premises, site or location Is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (I) "Bodily injury". or "property damage" arising out of heat, smoke or fumes from a' "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by (II) Any person or organization for whom your may be legally responsible; or  does nota apply to:  not "property apply other operating  if the exception does "bodily injury". or fluids, or If such  or  as part of the damage" bullding and  or for: (1) Anyi insured; or  CG00010413  OI Insurance Services Office, Inc., 2012  Page 3 of16    (2) Any loss, cost or expense arising out of (a) Request, demand, order or slatutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behaff of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or In any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of property damage" that the insured would have in the absence of such request, demand, order or stalutory or regulatory requirement, or such claim or "suit" by or on behalf of a "Bodily Injury" or' "properly damage" arlsing out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or walercraft owned or operated by or rented or loaned to any insured, Use includes operation This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to anyi insured. This exclusion does nota apply to: (1) A watercraft while ashore on premises you own or rent; (2) AV watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or properly for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the l"auto" is not owned by or rented or loaned to you or thei insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or  (5) "Bodily injury" or "properly damage" arising (a) The operation of machinery or equipment that is atlached lo, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibilily law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any, of the machinery orequipment listed in Paragraph f.(2)or f.(3) of the definition of "mobile  any:  out of:  equipment". h. Mobile Equipment "Bodily or' "properly Injury" of:  damage" arising out  (1) The transportation of' "mobile equipmen!" by an' "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipmen!" in, or whlle in practice for, or while being prepared for, any prearranged racing, speed, demolition, orstunting activity. "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civily war; (2) Warlike action a aclion in hindering or defending against an aclual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or aclion taken by governmental authority in hindering or defending against  governmental authority. g. Aircraft, Auto Or Watercraft  i. War  and' "loading or unloading".  by military force, including  any of these. Damage To Properly "Properly damage" to:  (1) Properly you own, rent, or occupy, Including any costs or expenses Incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's (2) Premises you sell, give away or abandon, if the "property damage" arises out of any  property;  part of those premises; (3) Properly loaned toy you;  Page 4 of 16  O Insurance Services Office, Inc., 2012  CG00010413    (4) Personal property in the care, custody or (5) That particular part of real property on which you or any contraclors or subcontractors working directly or indirectly on your behalf are performing operatlons, if the "property damage" arises out of those (6) That particular part of any, property that must be restored, repaired or replaced because "your work" was incorrectly Paragraphs (1), (3) and (4) of this exclusion do not apply lo "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III -Limits Ofl Insurance, Paragraph (2) of this exclusion does not apply ifthe premises are "your work" and were never occupied, rented or held for rental by you, Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) oft this exclusion does not apply to' "property damage" included in the' "products- completed operations hazard". k. Damage To Your Product "Properly damage" to "your product" arising out ofito or any part ofit. Damage To Your Work "Properly damage" to' "your work" arising out of Itora any part ofita andi Included in the' "products- completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a m, Damage To Impaired Property Or Property "Properly damage" to "Impaired property" or properly that has not been physically Injured, (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms.  This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to Its intended n, Recall Of Products, Work Or Impaired Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal  control of the insured;  use. Property  operations; or performed oni it.  of (1) "Your product"; (2) "Your work";or (3) "Impaired property":  ifsuch product, work, or property is withdrawn or recalled from the market or from use by person or organization because of a known any or suspected defect, deficiency, inadequacy or dangerous condition init. O, Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, ori inability to manipulate electronic data. However, this exclusion does not apply to liability for damages because of' "bodily injury". means information, facls or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In' Violation Of Law "Bodily injury". or "property damage" arising directly or indirectly out of any action or omission that violates ori is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA);or  Data  As used in this  excluslon, electronic data  subcontractor. Not Physically Injured arising out of: "your work";or  addition tos such law;  CG00010413  @ Insurance Services Office, Inc., 2012  Page 5 of16    (4) Any federal, state or local statute, 2. ordinance or regulation, other than the and TCPA, CAN-SPAM Act of 2003 or FCRA (heir amendments and additlons, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, communicating or distribution of material or Excluslons C. through n. do not apply to damage by fire to premises whlle rented to you or temporarily occupied by youy with permission of the owner. As separate limit ofi insurance apples to this coverage as descrlbed in Section II - Limits Of  Exclusions This insurance does not a. Knowing'  apply to:  Violation Of Rights Of Another "Personal and advertising Injury" caused by or at the direction of the insured with the knowledge that the act would violate the of another and wouid inflict "personal rights and b. Material Published With Knowledge Of oral or written advertising injury" arising out of material, if done publication, in any manner, of Insured with knowledge ofi its falsity. C. Material Published Prior To "Personal and advertising oral or written publication, injury" in arising out of of material whose first publication any took manner, before the beginning of the policy  recording, information.  sending,  transmitting,  advertising Injury". Falsity "Personal and  Insurance. COVERAGE B- INJURYI LIABILITY 1. Insuring Agreement  by or at the direction of the  PERSONAL AND ADVERTISING  Policy Period place period.  a, We will pay. those sums that the Insured becomes legally obligated to pay: as because of "personal and advertising damages to whlch this insurance applies. We will Injury" have the right and duly to defend the insured against any "suit" seeking those damages. However, we will have no duly to defend the insured against any "suit" seeking damages for personal and adverlising injury" to which this insurance discretion, does not apply. We may, at our investigate any offense and seltle any claim or "suil" that may result, But: (1) The amount we will pay for damages is limited as described in Section II - Limits Ofi Insurance; and (2) Our right and duly fo defend end when we have used up the applicable limit of Insurance in the payment of judgments or selllements under Coverages A or B or medical expenses under Coverage C. No perform other acts obligation or labiity to pay sums or explicilly provided for under Supplementary Payments Coverages A and B. b. This Insurance applies to "personal and advertising injury" caused by an offense out ofy your business but only If the offense arising was committed in the' "coverage territory" during the  d. Criminal Acts "Personal and advertising injury" arising out of a oft criminal the act committed by or at the direction insured. e, Confractual Liability "Personal and advertising insured has agreement. This assumed exclusion liabilily in a contract or liability for damages that the does insured not apply to have in the absence of the contract would or agreement. . Breach Of Contract "Personal and a breach of advertising injury" arising out of contract to use contract, another's except an implied your' "advertisement". g. Quality Or Performance Of Goods = To Conform To Statements the "Personal fallure and advertising injury" arising out of conform with of goods, products or services to performance any slatement of qualily or h. Wrong Description Of Prices "Personal and adverlising Injury" arising out of the wrong description of the price of goods, products or services stated In your  for which injury" the  advertising idea in  or services is covered unless  Failure  madei iny your' advertisemen!".  policy period.  "advertisement".  Page 6of16  e! Insurance Services Office, Inc., 2012  CG00010413    Infringement Of Copyright, Patent, Trademark Or" Trade Secret "Personal and advertising Injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual properly rights. Under this exclusion, such other intellectual properly rights do not include the use of another's advertising Idea in your However, this exclusion does not apply to infringement, in your "advertisement, of copyright, trade dress ors slogan. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by ani insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and C. of "personal and adverlising injury" under the Definitions For the purposes of this exclusion, the placing of frames, borders or links, or adverlising, for you or others anywhere on the Internet, Is not by itself, considered the business of adverlising, broadcasting, publishing or k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured Unauthorized Use Of Another's Name Or "Personal and adverlising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants" ata any time.  n. Pollution-related  Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects (2) Clalm or suit by or on behalf of a governmental authorily for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxlfying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". 0, War "Personal and advertising caused, arising, direclly or indirectly, out of: (1) War, including undeclared or civil (2) Warlike action by a military force, including action in hindering or defending against an actual or expected atlack, by any government, soverelgn or other authority using military personnel or other agents; or (3) Insurrection, power, or action taken by governmental authority in hindering or defending against any oft these. p. Recording And Distribution Of Material Or information In' Violation OfLaw "Personai and directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection (TCPA), including addition to such any (2) The CAN-SPAM Act of 2003, Including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including Transactions the Fair and Accurate Credit (4) Any federal, state or locai statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, communicating or distribution of material or  "advertisemen".  of, "pollutants",or  however injury", war;  revolution,  seclion,  rebellion,  usurped  telecasting.  adverlising injury" arising  amendment Act  of or  exercises control. Product  law;  Act (FACTA); ;or  m. Pollution  recording, information.  sending,  transmitting,  CG00010413  O1 Insurance Services Office, Inc., 2012  Page 7 of16    COVERAGE C. - MEDICAL PAYMENTS 1. Insuring Agreement a, We will pay medical expenses as below for "bodilyi injury" caused by an described acciden!: (1) On premises youd own or rent; (2) On ways next to premises or (3) Because ofy youro operations; provided that: (a) The accident takes "coverage territory" and place in the period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The Injured person submits reasonably require, b. We will make these payments fault. These applicable limit payments of insurance. will not We exceed the reasonable expenses for: (1) First ald administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including devices; and (3) Necessary professional nursing and funeral services, hospital, 2. Exclusions We will not pay expenses for' "bodily a. Any Insured To any insured, except' volunteer workers". b, Hired Person Toap person hired to do work for or on behalf of anyi insured or al tenant of any insured. C. Injury On Normally Occupled Premises To a person injured on that part of premises you own or rent that the person  d. Workers' Compensation And Similar Laws Toa a person, whether or not an "employee" of any are insured, if benefits for the "bodily injury" workers' payable or must be provided under a law or as similar compensation law. or disability benefits e. Athletics Activifles Toap person injured whlle or parlicipating in any physical practicing, exercises instructing or games, sports, or athletic contests. . Products-Completed Included within the producls-completed operations hazard", g. Coverage. A Exclusions Excluded under  you own or rent;  during the policy  Operations Hazard  Coverage A.  examination, at our expense, by to ANDB SUPPLEMENTARY PAYMENTS - COVERAGES A  physicians of our choice as often as we 1. We  will pay, with respect to any claim we investigate or sellle, or any "suit" insured we defend: a, All expenses we incur, b, Up to $250 for cost of bail bonds because of accidents or traffic law violations required arising out of the use of any vehicle to which the do: not Bodily Injury Liabilily Coverage applies. We have to furnish these bonds, C, The cost of bonds to release attachments, but limit only for bond amounts within the applicable these of bonds. insurance. We do not have to furnish d, insured All reasonable at our expenses incurred by the investigation or defense request of to assist us In the day including because of loss of earnings up to $250 a e. All court costs taxed against the "suit". However, these allorneys' fees or attorneys' payments do not include against thei insured. f. Prejudgment interest awarded against insured on that part of the judgment we the If we make an offer to pay the applicable limit pay, of insurance, we will not pay any prejudgment offer. interest based on that period of time after the  regardless of wil pay  against an  prosthetic  ambulance,  injury":  actual  the claim or "suit", insured in the expenses laxed  time off from work.  occupies.  normally  Page 8 of16  O Insurance  Services Office, Inc., 2012  CG00010413    g. AIl interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part oft the judgment that iswithint the applicable limit ofi insurance. These payments will not reduce the limifs 2, If we defend an insured against a "sull" and an indemnitee of the Insured is also named as a party to the' 'sull", we will defend thati indemnitee ifa allof the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement thati is an' "insured contract"; b.T This insurance applies to such liability assumed by the Insured; C. The obligalion to defend, or the cost of the defense of, that indemnitee, has also been we know about the' "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suil" and agree that we can assign the same counsel to defend the Insured and the indemnitee; and .T Thel indemnilee: (1) Agrees In writing to: (a) Cooperate with  So  long, as the above conditions are met, that attorneys' fees incurred by us in the defense of incurred indemnitee, neçessary litigation expenses by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Notwithstanding the provisions of 2.b.(2) of Section I- Coverage A = Paragraph And Property Damage Liabilly, such Bodily Injury not be deemed to be damages for payments will and "properly damage" and will not "bodily reduce Injury" the Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or the settlements terms or of the the conditions set forth above, or Paragraph f. above, are agreement no a. An individual, you and your insureds, but only with respect to spouse the conduct are ofa! business of which you are the: sole owner, b.A partnership or joint venture, insured. Your members, their spouses are also your partners, but respect to the conduct of insureds, your business. only with Your members liability company, you are an insured. respect to the conduct are also of insureds, but only with managers are insureds, but only with respect to lheir duties as your managers. d. An organization venture or limited other than a partnership, joint insured. Your "executive liability officers" company, and you are an are insureds, but only with respect directors to duties as your officers or directors. their stockholders are also insureds, but only Your with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their  insurance.  of  Payments,  IImits ofi insurance.  described in  assumed by the insured in the same "insured SECTION I- - WHO IS  longer met. AN INSURED  contrac!";  d. The allegations in the "suit" and thel information 1. lfyous are designated in the Declarations as:  Indemnitee;  are you an and  C, Al limited  your business, Your  us in the investigation,  setllement or defense oft the' "suil"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received In connection with the (c) Notify any other insurer whose coverage isa available lot the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance avallable to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such' "suit".  'suil";  dutles as trustees.  CG00010413  O Insurance Services Office, Inc., 2012  Page 9 of16    2. Each of the following is also ani insured: a, Your volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liabilily company) or your managers (Fy you are a limited liability company), but only for acts within the scope of their employment by youor while performing duties related to the conduct of your business. However, none of these 'employees" or "volunteer workers" are (1) "Bodily injury" or "personal and advertising (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limiled liability, company), to a Co."employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct (b) To the spouse, child, parent, brother or sister of that Co-'employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above;  C. but only: (1) With respect to appointed.  Any person or organization having proper temporary custody of your property if you dle, maintenance llability arising out of the (2) Until your legal representative has been d. Your legal representative if you but with respect to dulies as die, such. That only representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownershlp or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only untll the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily "properly damage". that acquired or formed the organization; and C. Coverage B does not advertising committed before you acquired or formed the organization.  or use of that properly; and  Insureds for: injury":  before injury" or you  of your business;  occurred to apply "personal and  injury" arising out of an offense  (c) For which there is any obligation to No person or organization is an Insured share damages with or repay someone to the conduct of current else who must pay damages because of venture or limited any liability or past partnership, joint (d) Arising out of his or her providing or SECTION II - LIMITS OFI INSURANCE failing to provide professional health 1. The Limits of Insurance shown in the Declarations  with respect  the Injury described in Paragraph or (b) above; or care services. (2) "Properly damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control isb being exercised for any purpose by; workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a Ilmited liabilily b. Any person (other than your "employee" or volunteer worker"), or any organizalion while acting as your real estate manager.  company that Is not shown  (1)(a) as a Named Insured In the Declarations.  and the rules below fix the most we will pay regardless of the number of: a. Insureds; b, Claims made or "suits" brought; or C. Persons or organizations making claims or bringing' "suits". pay for the sum of: a.N Medical expenses under Coverage C; b. Damages under Coverage A, except because of' "bodily injury" or "property damage" included In the producls-completed hazard"; and C. Damages under Coverage B.  you, any of your 'employees", "volunteer 2. The General Aggregate Limit is the most we wil  company).  damages operations  Page 10 of16  O Insurance Services Office, Inc., 2012  CG00010413    3. The Producls-Completed Operations Aggregate Limit Is the most we will pay under Coverage At for damages because of' "bodily Injury" and "property damage" included in the products-completed 4. Subject to Paragraph 2. above, the Personal And Advertising Injury_ Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising sustained by any one person or organization. Injury" 5, Subject to Paragraph 2. or 3, above, whichever applies, the Each Occurrence Limit is the mosty we will payf for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily Injury" and "property damage" arising out ofa any one' "occurrence". 6. Subject to Paragraph 5, above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "properly damage" to any one premises, while rented lo you, or in the case of damage by fire, while rented to you or temporarily occupied by with permission oft the owner. 7. Subject to Paragraph 5. above, the Medical Expense Limit Is the most we will pay under Coverage C for all medical expenses because of "bodilyi injury" sustained by any one person. The Limits of Insurance of this Coverage Part separately to each consecutive annual period and apply to any remaining period of less than 12 months, starling with the beginning of the policy period shown in the after Issuance for an additional period of less than 12 months, In that case, the additional perlod will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - COMMERCIAL GENERAL Bankruptcy or insolvency of the Insured insured's estate will not relieve or of the obligations under this 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a, You must see to it that we are notified as soon as practicable of an' "occurrence" or an offense which may result in a claim. To the extent possible, notice should Include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and  (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. lfa claim Is made or "suit" Is brought any insured, you must: (1) Immediately record claim or' "suit" and the the specifics of the Notify us as soon as practicable. You notice must of see to it that we receive written practicable. the claim or "suit" as soon as C. Youa and any other involved insured must: (1) Immediately send us coples of any demands, papers received notices, in summonses connection or legal  operations hazard".  against  (2)  date received; and  claim or' "suit"; (2) Authorize us to obtain information; (3) Cooperate with us settlement the' "suit"; and  with the records and other in the invesligation or of the clalm or defense against  you  (4) Assist us, upon our request, in the person enforcement of any right against any to the insured or organization which may be liable towhich thisi insurance because of injury or damage d. No insured will, except at that Insured's own cost, obligation, voluntarily or make a payment, assume any first aid, without our consent. No person or organization Coverage Part: a. alsuit"  may also apply.  incur any expense, other than for  Declarations, unless the pollcy period is extended 3. Legal Action Agalnst Us  has a right under this  Toj join us as a party or otherwise bring us into asking damages from an insured; or b. To sue us on this Coverage Part unless all of itst terms have been fully complied with. an A person or organization may sue us to recover on agreed selllement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the this Coverage Part or that are In excess terms of of applicable limit of insurance. An agreed setllement the by, means us, a the settlement and release of liabllity signed clalmant's Insured and the claimant or the  for  CONDITIONS 1. Bankruptcy  LIABILITY us of our  Coverage Part.  legal representative.  CG00010413  OI Insurance Services Office, Inc., 2012  Page 11 of16    4. Other Insurance  Ifother valid and collectible insurance is to the insured for a loss Coverages A or B of this we cover under obligations are limited as follows: Coverage Part, our a, Primary Insurance This Insurance is primary Paragraph b. below applles, Ift this except when primary, our obligations are. not affected insurance is any of the ofher insurance is also unless Then, we will share with all that primary, other insurance by the method described in  (3) When this insurance is sum of:  available  insurance, we will pay excess over other amount of the loss, only that our share of the (a) The total amount that all such other insurance absence would pay for the loss in the oft this insurance;and (b) The total of all deductible insured amounts under all that and other self- Insurance, (4) We will share the with any other insurance remaining loss, if any, described in this Excess that Is not provislon and was not bought specifically Insurance to apply in excess of the Limits of shown in the Declarations of this Insurance by equal shares, we will permits contribution also. Under this approach follow each this method contributes equal amounts until it has insurer applicable limit of insurance or none of the paid loss its remains, whichever comes first. lfany of the other insurance does not contribution by equal shares, we will contribute permit by share limits. Under this method, each insurer's limit is based on the ratio of its applicable insurance of insurance to the total applicable limils of Coverage Part in accordance premiums for this advance premium in Is this Coverage Part as At the close of each a deposit premlum only. compute the earned audit period we will and send notice to the premium first Named for that period The due date for audit and premlums is the date shown as retrospeclive on the bill. If the sum of premiums paid for the the advance and audit than the earned premium, policy period is greater excess to the first Named we will return the C, The first Named the information Insured must keep records of computalion, and send we need for premium as we may request, us copies at such times By accepting this policy, youa agree: a, The statements in the Declarations are accurate and complete;  ifany, exceeds the  Paragraph C. below. b, Excess Insurance (1) This insurance is excess other basis:  over:  (a) Any of the other insurance, whether primary, excess, contingent or on () That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for' your work"; (i) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of (il) That Is Insurance purchased by you to cover your llability as a tenant for "properly damage" to premises rented to you or temporarily occupled by you with permission of (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Excluslon g. of Section 1- Coverage A - Bodily Injury And Property Damage Liability. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which have been added as an additional you no duty under Coverages excess, A or we B to willl defend have the Insured against any "suil" if any other insurer has a duly to defend the Insured against that "sult". If no other insurer entilled to the Insured's against all those other Insurers,  Part, C, Method Of Sharing Ifall of the other insurance  Coverage  any  the owner;  of all insurers.  the owner; or  5. Premium Audit a. We will compute all and rates. b. Premium shown  with our rules  Insured. the due date  insured. (2) When this insurance is  insured.  will defends, be we will underlake to do so, but we 6. Representations  rights  Page 12 of16  01 Insurance Services  Office, Inc., 2012  CG00010413    b. Those statements are based upon representations you made to us; and your representations. Separation Of Insureds any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applles: a.As If each Named Insured were the only Named Insured; and b. Separately to eachi insured against whom claim ismade or' "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others Ifthe insured has rights to recover all or part of payment we have made under this Coverage Pari, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce Ifwe decide not to renew this Coverage Part, we will mall or deliver to the first Named Insured shown In the Declarations written notice of the nonrenewal not less than 30 days before the Ifnotice is mailed, proof of mailing will be sufficient 1. "Advertisemen!" means a notice that Is broadcast market segments about your goods, products or services for the purpose of altracting customers or supporters. Fort the purposes oft this definition: placed on the Internet or on simllar electronic means of communication; and site that is about your goods, products or selvices for the purposes of attracting customers or supporters is considered an a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibillty law or other motor vehicle Insurance law where it is licensed or principally garaged.  However, "auto" does equipment".  not include "mobile bodly Injury, sickness or  C. We have issued this policy in reliance upon 3. "Bodily injury" means Except with respect to the Limits of Insurance, and 4. "Coverage territory" means:  7.  disease sustained by a person, including death resulling from any of these at any time. a. The United States of America territories and Canada; b. International  (including Its  possessions), Puerto Rico and waters or airspace, but only if the  injury or damage occurs in the course of travel or transportation between any plaçes included inParagraph a. above; or C.All other parts of the world if the damage arises out of: (1) Goods or products made or sold the territory described- in Paragraph you a. above; (2) The activities the above, territory but is described In Paragraph a. business; or (3) "Personal and that take place through the Internet or simllar electronic means of communication; provided the damages Is determined Insured's in al responsibility to pay the territory described in Paragraph a. above or in asetllement we agree to. 5, "Employee" Includes a "leased worker". "Employee" does not include a "temporary worker". the officer positlons created by holding charter, any constitulion, bylaws or any other similar your document. uncontrollable or breaks out from where it was intended to be. than "your produc!" or "your work", that cannot be used or is less useful because: a. It incorporates that is known or thought to be deficient, inadequate or dangerous; or defective, b. You have falled to fulfill the terms of a contract ora agreement; If such properly can be restored to use the repair, replacement, adjustment or removal by of "your producl" or "your work" or your fulfilling the terms of the contract or agreement,  or injury in by  ToUs any  of a person whose home is in away for a short time on your advertising injury" offenses  them.  9. When We Do Not Renew  expiration date, proof of notice. SECTION V-! DEFINITIONS  "suil" on the merits, in  or published to the general public or specific 6. "Executive officer" means a person  of governing  a, Notices that are published Include material 7. "Hostile fire" means one which becomes b, Regarding web sltes, only that part of a web 8. "Impaired properly" means tangible property, other  advertisement, 2, "Auto" means:  "your product" or "your work"  CG00010413  O! Insurance Services Office, Inc., 2012  Page 13 of16    9. "Insured contrac" means: a. A contract for a lease of premises. that portion of the contract for However, premises that indemnifies organization for damage by fire to premises while rented to you or temporarily occupied by "Insured contract"; b. As sidetrack agreement; C. Any easement or license connection with  10."Leased al labor worker" means a person leased toy you by leasing firm under an agreement belween you and the labor leasing firm, to perform duties related to the conduct of worker" does noti include your property:  a lease of any person or  business. a' "temporary worker".  "Leased  you with permission of the owner is not an 11."Loading or unloading" means the handling of  a. After it is moved from the place where It is accepted for movement into or onto an aircraft, b. While It Is in or on an aircraft, watercraft or C. While it is being moved from an aircraft, watercraft or "auto" to the place where It is "oading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is atlached to the aircraft, watercraft or' "auto". not of equlpmen!" means any of the following types land vehicles, including any attached a, Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public b. Vehlcles maintained for use solely on or next to premises you own or rent; , Vehicles that travel on crawler treads; d. Vehicles, whether maintained primarily self-propelled to permanently mounted: provide mobilily to Power (1) cranes, shovels, loaders, diggers or drills;or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e, Vehicles not described in Paragraph a., b., C, or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the (1) Air compressors, pumps and generafors, Including spraying, welding, building cleaning, geophysical exploration, lighling and well servicing equipment; or (2) Cherry pickers and simllar devices used to ralse or lower workers; f.Vehicles not described In Paragraph a., C. or d. above maintained primarily for purposes b., other than the transportation of  agreement, except In  watercraft or' "auto"; "auto";or finally delivered; but  operations on orv within construction 50 feet ofa or a railroad; demolition d. An obligation, as required by ordinance, to Indemnify a municipality, except in connection with work for ar municipality; e. Ane elevator maintenance agreement; f. That part of any other contract pertalning to indemnification your business (including an with work performed for a municipality) under 12."Mobile which you assume the tort liability of another party to pay for "bodily injury" or "properly damage" to a third person or organization. Tort liability means al liability that would be imposed by law in the absence of any contract or Paragraph f. does not include that part of any (1) That indemnifies a railroad for' "bodilyi injury" or "properly damage" arising out of construction or demolition operations, within 50 feet of any railroad properly and affecling any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or (2) That indemnifies an architect, engineer or surveyor for Injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, ift that is the primary cause oft thei injury or damage; or (3) Under which the insured, If an architect, engineer or surveyor, assumes liabllity for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in_(2) above and supervisory, inspection, archltectural or engineering activities,  or agreement  of a munlcipality in connection  machinery or equipmen!: roads;  agreement. contract or agreement:  or not,  crossing;  following types:  cargo.  persons or  Page 14 of16  e Insurance Services Office, Inc., 2012  CG00010413    However, self-propelled vehlcles with the bec equipment are not "mobile equipment" but will considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction orr resurlacing; or (c) Street cleaning; (2) Cherry pickers and similar devices on automobile or truck chassis and mounted used to raise or lower workers; and (3) Air compressors, pumps and generators, cleaning, Including spraying, welding, building and well geophysical exploration, lighting servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibilly law or other motor vehicle insurance law are considered 13."Occurrence" means an accident, including continuous or repeated exposure to thes same general harmful conditions, substantially 14."Personal and adverlising injury" Including consequential "bodily means injury, ofone or more of thet following offenses; Injury", arising out a. False arrest, delention or Imprisonment; G. The wrongful eviction from, wrongful entry into, or invasion oft the right of private occupancy of ar room, dwelling or premises that a person occupies, committed by or on behalf of its d,. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organizatlon's goods, products or services; e, Oral or writlen publication, in any manner, of privacy; f. The use of another's advertising idea in your "advertisemen"; or g. Infringing upon another's copyright, trade dress or slogan iny your' advertisemen!". 15."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalls, chemicals and waste. Waste Includes materlals to be reconditioned or reclaimed.  following types of permanently attached 16.Producks-complailed operations hazard":  a. Includes all your work" except: possession; or  damage" occurring "bodily injury" and "properly own or rent and arising away out from of "your premises product"or you (1) Products that are still in your physical (2) Work that has not yet been completed or deemed abandoned. However, "your work" will be following completed limes: at the earliest of the (a) When all of the work contract has been called for in your (b) When all of the work completed. to be Job site has been contract calls for work completed at job slte. When (c) site that part of the work done at a job has been put to lts intended use by any another person contractor or organization other than working on the same project. Work that may need service, maintenance, iso correction, otherwise repair or replacement, but which completed. b. Does not include "bodily injury" or damage" arising out of: (1) The transportation of property, unless the or injury or damage arises out of a condition In on a vehicle not owned or operated you, and that condition was "loading or unloading" of that created vehicle by the insured; (2) The existence of equipment or abandoned tools, uninstalled materials; or (3) Products or operations classification, listed in the for which the a policy Schedule, states Declarations or in completed operations are that products- to the General Aggregate Limit. subject all resulling injury loss of tangible use of property, that Including such loss of use shall be deemed properly. to occur All at the time of the physical Injury that caused it; or b. Loss of use of tangible properly that is physically injured. All such loss of use shall not deemed to occur at the time of the be "occurrence" that caused It. For the purposes of this isr not tangible properly. insurance, electronic data  done at the If your more than one  or subcontractor  "autos".  complete, will be treated as  "properly  b. Malicious  prosecution;  by by any or unused  owner, landlord or lessor;  material that violates a person's right of 17. "Properly damage" means;  a, Physical  to  recycled,  CG00010413  O Insurance Services Office, Inc., 2012  Page 15 of16    As used in this definition, electronic data information, facts or programs stored as means or created or used on, or transmitted to or from on, computer soffware, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data devices or any other media which are processing used with electronically controlled equipment. 18."Sul" means a civi proceeding In which because of "bodily injury", "properly damage" damages "personal and advertising Injury" to which or insurance applies are alleged. "Sul"i includes: this a. An arbitration proceeding in which damages are claimed and to which the insured such must submit or does submit with our proceeding In alternative which such dispute resolution clalmed and to which the Insured damages submits are 19."Temporary furnished worker" means a person who is to you to substitute for a permanent "employee" on leave or to meet seasonal or short- 20."Volunteer worker" means a person who Is not your' "employee", and who donates his or and acls at the direction of and within the her work of dutles determined by you, and is not paid scope a salary or other compensation by you or fee, elsei for their work performed fory you.  b. Includes: (1) Warranties or time with represenfations to durability, respect performance the fitness, quality, product",and (2) The providing of or failure to provide warnings or instructions. C. Does not Include vending machines or other properly rented to or located for the use of others but nots sold. 22."Your work": a, Means: (1) Work or your behalf; and b. Includes:  made at any or use of "your  or b. Any other our consent.  consent; with  operalions performed by you or on  (2) Materials, parts or equipment furnished in connection with suchy work or operations. (1) Warranties or representations made at any time with respect to the fitness, durabilily, performance or use of qualily, work"; and (2) The providing of or failure to provide warnings or instructions,  term workload conditions,  "your  anyone  21,"Your produc!": a. Means:  (1) Any goods or products, other than real properly, manufactured, sold, handled, distributed or disposed ofl by: (b) Others trading under your name; or (c)A person or organization whose business or assets you have acquired; (2) Contalners (other than vehicles), materials, parts or equipment furnished In connection with such goods or products.  (a) You;  and  Page 16 of16  O Insurance Services  Office, Inc., 2012  C600010413    ENDORSEMENT CAREFULLY  THIS ENDORSEMENT CHANGES THE POLICY PLEASE  READ IT  AMENDMENT = PROPERTY DAMAGE  This endorsement modifies Insurance provided under (he following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM  Exclusionj.o of Paragraph 2. Exclusions of  Liability is replaced by the following: Sectionl-Coverage. A-E Bodily Injury and Property Damage  2.E Excluslons:  This insurance does not apply to: Damage To Proporty "Property damage" to:  (1) Properly you own, rent, or occupy, including any costs or  person, organization or entity, for repair, replacement, expenses incurred by you, or any other of such property for any reason, including prevention ofi enhancement, restoration or maintenance  property; premises; (3) Property loaned to you;  injury to a person or damage to another's damage" arises out of any part of those  (2) Premises you sell, give away or abandon, ift the' property  (4) Personal Properly in the care, custody or control of the insured; (5) That particular part of real properly on which you or directly or indirectly on your behalf are of those operatlons; or (6) That particular part of any properly that must be work" was incorrectly performed onlt. Paragraphs (1), (3) and (4) of this exclusion do not period of seven or fewer consecutive days. A  any contractors or subcontractors working restored, repaired, or replaced bécause "your owned by the premises' owner, rented to by fire)  performing operations, ift the properly damage" arises out  to premises, including the contents of such premises apply to' "properly damage" (other than damage Rented to Youa as described in Section HI - Limits separate of limit of insurance applies to Damage to you Premises fora  Insurance.  Personal Properly int the care, custody or control of the insured properly leased, rented, borrowed, or used byy you that Is  includes, but is not limited to, all personal not owned by the owner oft the premises occupied  bys you. HCC 1027 02: 2023  Page 1of2    Paragraph (2) oft this exclusion does not apply If the rented, or held for rental by you, Paragraphs assumed under as sidetrack agreement. Paragraph (6) of this exclusion does not apply to  premises are "your work" and were never occupled, (3), (4), (5) and (6) of this exclusion dor not apply to liability "property damage" included in the' "products completed  operations hazard".  All other terms and conditions of the policy remain thes same,  HCC 1027 02 2023  Page 2of2    COMMERCIAL GENERAL LIABILITY PLEASE READ IT CAREFULLY. LIMITATION  CG21391093  THIS ENDORSEMENT CHANGES THE POLICY.  CONTRACTUAL LIABILITY  This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PART  The definition of "insured contract" in the DEFINI- TIONS Section is replaced by the following: "Insured contract" means: a. Ac contract for a lease of premises. However, that portion of the contract for al lease of premises that age by fire to premises while rented to you or temporarily occupied by you with permission of the owner Is nota an' insured contract";  b. As sidetrack agreement;  C.A Any easement or license agreement, except in connection tions on or with construction or demolition opera- within 50 feet of a rallroad; demnlfy a municipalily, except in connection In-  indemnifies any person or organization for dam- d. An obligation, as required by. ordinance, to  work for ar municipalily; e. An elevator maintenance  with  agreement.  CG21391093  Copyright, Insurance Services Office, Inc., 1992  Page 1of1  a    THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  EXCLUSION - VIOLATION OF STATUTES IN CONNECTION  TRANSMITTING OR COMMUNICATING  WITH SENDING,  ANY MATERIAL OR INFORMATION  This insurance does not apply to any loss, injury,  from, caused directly or indirectly, in whole or in damage, claim, suit, cost or expense arising out of or includes, addresses or applies to the sending, government, including any amendment of or addition to such laws, that  regulation any means whatsoever.  of any federal, state or local  part by, any act that violates any statute, ordinance or resulting transmitting or communicating of any material or information, by  To the extent any coverage may otherwise be available under supercede the same and exclude such coverage,  this Policy, the provisions of this Exclusion shall  All other terms and conditions of the policy are the same,  HC-GL-40-006 (04/11)  Includes copyrighted material ofl Insurance Services Office, Inc. with its permission    IL00210908 CAREFULLY,  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT  NUCLEAR ENERGY LIABILITY  EXCLUSION ENDORSEMENT  (Broad Form)  This endorsement modifies insurance provided under the following:  COMMERCIAL AUTOMOBILE COVERAGE PART FARM COMMERCIAL GENERAL LIABILITY COVERAGE PART COVERAGE PART LIQUORI LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY PART POLLUTIONLIABILTY COVERAGE PART PRODUCTBICOMPLETED: RAILROAD PROTECTIVE OPERATIONS LIABILITY COVERAGE PART UNDERGROUND: STORAGE LIABILITY TANKI COVERAGE PART  COVERAGE PART  POLICY Injury"  1. Thei insurance does not apply: A. Under any Liabilily Coverage, to "bodily or" "property damage": (1) With respect to which  C. or Under any Liability Coverage, to "bodily injury" ous "property damage" resulting from "hazard- properties" of' "nuclear material", if: (1) The "nuclear materlal" (a) is at any' "nuclear half facility" owned by, or operated by or on be- charged of, an or "insured" or (b) has been dis- dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time pos- sessed, handled, used, processed, stored, transported or disposed ol, by or on behalf ofan" "insured"; or (3) The "bodily injury" or "property arises out of the furnishing by an damage" "Insured" of services, materials, parts or equipment in connection with the planning, maintenance, operation or use construction, of any "nu- clear facility", but if such facility is located within the United States of Amerloa, its terri- tories or possessions or Canada, this ex- clusion (3) applies only to "property dam- age" to such "nuclear faclity" and ore explosive properties. includes radioactive, toxic  the policy is also an insured an "insured" under under ar energy llabillty pollcy issued by a Nuclear nucle- Energy Llability Insurance Association, Mu- tual Atomic Energy Liability Underwriters, Nuclear Insurance Assoclation of Canada ora any of their successors, or would be an insured under any such policy but for Its termination upon exhaustion of its limit ofi li- (2) Resulting from the "hazardous properties" of' "nuclear material" and with respect to which (a) any person or organizalion is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "n- sured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the Unlted Slates of America, or any B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily inju- ry" resulting from the hazardous propertles" of "nuclear material" and arising out of the opera- tion of a "nuclear facilly" by any person or or-  ability; or  propertyt thereat. "Hazardous properties" "Nuclear material" cial nuclear  any  agency thereof, with any person or organi- 2. As used in this endorsement:  zation.  means "source material", "spe- material" or "by-product materia!".  ganization.  IL00210908  O! ISO Properties, Inc., 2007  Page 1of2 D    "Source material", "special nuclear "by-product material" have the material", and them in the Atomic Energy Act meanings given law amendatory thereof. "Spent fuel" ponent, solid or liquid, whlch has been used fuel com- posed to radlation ina" "nuclear reactor". or ex- Waste" means any waste material (a) "by-product material" other than the containing wastes produced by the extraction tallings or tion of uranium or thorium from or concentra- primarily for its "source material" any ore processed resulting from the operation by content, and (b) ganization of any nuclear facility" any person or or- the first two paragraphs of the definition included under  (c) Any  equipment or device used for the pro- nuclear cessing, fabricating or alloying of "special material" if at any time the total amount of such material in the the "insured" at the premlses where custody of equipment or device is located consists such of oro um contains or more than 25 grams of plutoni- uranium 233 or any combination thereof, or more than 250 grams of uranium or place prepared or used excavation, for premises and all premises operations conducted on such site or "Nuclear reactor" means any apparatus supporting used to sustain nuclear fission In designed a self- mass of fissionable chain reaction or to contain a critical tive "Properly damage" includes all forms of radioac- contamination of property.  of 1954 or in any  means any fuel element or  235; (d) Any structure, basin, disposal of' "waste"; and includes the site is located, all  the storage or  arf facility". "Nuclear facility" (a) Any" "nuclear reactor"; (b) Any equlpment or device ing' "waste";  of "nucle-  on which any of the foregoing used for such operations. material.  means:  for (1) separaling thei isotopes deslgned of or used plutonlum, (2) processing or utlizing uranium or fuel", or (3) handling, processing or packag- "spent  Page 2of2  OI ISO Properties, Inc., 2007  IL00210908 a    COMMERCIAL GENERAL LIABILITY  CG21471207  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENTRELATED PRACTICES EXCLUSION  This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART  A. The following exclusion is added to Paragraph 2., B, The Exclusions of Section I- Coverage A - Bodily Injury And Property Damage Liability: Thisi insurance does nota apply to: "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; (c) Employment-related practices, policies, acts or omlssions, such as coercion, demo- tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis- crimination or malicious prosecution di- rected at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily Injury" tot that person at whom any of the employment- related practices described In Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- ployment oft that person; (2) Whether the Insured may be liable as an em- ployer or ina any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because oft thei injury,  exclusion Advertising Injury Liability:  Exclusions following of Section is I- added to Paragraph 2., This insurance does not applyt to: "Personal and advertising injury" to: (1) Aperson arising out of any: (a) Refusal to employ that person; (b) Termination of that or (c) Employmenl-related acts or omissions, such practices, as tion, evaluation, reassignment, coercion, demo- defamation, harassment, crimination or malicious humiliation, dis- rected at that person;or prosecution di- (2) The spouse, child, that person as a parent, advertising of the injury" that person at whom any in employment-related practices described Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the Paragraphs injury-causing event described in employment, during employment or after em- ployer or In other may liable as an em-  sonal And  Coverage B - Per-  or  person's employment;  policies, discipline, brother or sister of of "personal and  consequence to  (a), (b) or (c) above occurs before  ployment of that person; (2) Whether the insured any (3) To any obligation to share someone repay because of thei injury.  be capacily; and else who must pay damages  damages with or  CG21471207  OISO Properties, Inc., 2006  Page 1of1 D    ENDORSEMENT  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READI IT CAREFULLY.  PROFESSIONAL LIABILITY EXCLUSION  This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM  II is agreed that this policy shall not apply to liabllily arising of the "Insured" In the conduct of any of the' "Insured's"  services, or any error or omission, malpractice or mistake out the rendering of or failure to render professional insured included under ADDITIONAL INSURED business activities. However, this exclusion by shall  of a professional nature committed or on behalf of - MEDICAL PERSONNEL Endorsement #SE 10010210if not apply to  an  applicable to this policy.  Allo other terms, conditions ande exclusions remain unchanged.  TCt AUTHORIZED Representative OR Countersignature (In states where applicable)  SE 1032 0210  Page 1of1    Page lof2  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  POLLUTION EXCLUSION AMENDMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM  Exclusion f. of SECTION i COVERAGES is deleted in its entirety, andi is replaced byt the following: (1)" "Bodily injury" or' property damage" arising out of the actual, alleged or threatened discharge, (a) At orf from any premises, site or location whichi is or was at any time owned or occupied by, or (b) At or from any premises, site orl location whichi is or was at any lime used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed: as waste by or for any insured or any person or organization for whom you may! be (d), At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on anyi insured's behalf are performing operations: (1) Ift the' "pollutants" arel brought on ort to the premises, site or location in connection with such operations by such insured, contractor or subcontractor; or (I) Ift the operations are to test for, monitor, clean up, remove, conlain, treat, detoxify or neutralize, ori in any way respond to, or assess the effects of' pollutants." (e) That are, or that are contained Inj property thati is: ()E Being transported or towed by, or handled for movement into, onto or from a covered (II) Otherwise int the course of transit; (I) Being stored, disposed of, treated or processed in or upon the covered' automobile"; (f) Beforet the' pollutants" or property in which the' pollutants" are contained are moved from the place where they are accepted byt the insured for movement Into or onto the covered (g) After the' "pollutants" or property in which the' pollutants" are contained are moved from the  f.Pollution  dispersal, seepage, migration, release or escape of' pollutants":  rented or loaned to, any Insured;  legally responsible; or  "automobile";  automoblle"; or () Delivered; (i) Disposed of; or (II), Abandoned byt thei insured.  covered' 'automobile" to the place where they are finally:  Subparagraph (a) does not applyt to' "bodily injury" if sustained within a building and caused by smoke, fumes, vapor, or sootp produced by or originaling from equipment that Is used to heat, cool, or dehumidify thel building, or equipment that is used to heat water for personal use, by the Subparagraphs (a) and (d)() do not apply to' "bodily injury" or' property damage" arising out of As usedi in this exclusion, al hostile fire means one which becomes uncontrollable or breaks out Subparagraph (d() doès nota applyt to' "bodily injury" or' "property damage" arising out of the escape of fuels, lubricants, or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for operation of' "mobile equipment" or its  building's occupants ort their guests. heat, smoke or fumes from a hostile fire. from where itv was intended to be.  HC-GL-40-012 (04/11)    Page 2 of2  parts, ifs such fuels, lubricants or other operating flulds escape from a vehicle hold, store or receive them. This exception does not applyi if the "bodily part or' designed to damage arises out of the intentional discharge, dispersal or release of the injury" "property other operating fluids, or ifs such fuels, ubricants or other operating fluids are fuels, lubricants or premises, site or! location with thei intent that they be discharged, "pollutants" Subparagraph that (e)(I) does not apply to fuels, lubricants, fluids, exhaust, gases or other similar functloning oft the covered' automobile" ori its parts ift the "pollutants" dispersed ori released direclly from an' "automobile" part designed by escape its manufacturer discharged, Subparagraphs (f) and (g) dor not applyi ift the' "pollutants" or property iny which contalned are upset, overturned or damaged as a result of the maintenance the' "pollutants" are 'automobile" and the discharge, dispersal, release ore escape of the' (2)' "Personal and adverlisingi injury" arising out of the actual, alleged or threatened dispersal, seepage, migration, release or escape of' "pollutants" at any time. (a) Request, demand or order that any insured or others test for, monitor, clean contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects up, remove, of (b) Claim or' "suit" by or on behalf of a governmental authority for damages because of testing monitoring, cleaning up, removing, contalning, treating, detoxifylng or neutralizing, or in Allo other terms, conditions and exclusions of this policy remain unchanged.  brought on or to the  the operations being performed such  dispersed or released as part of  bys insured, contractor or subcontractor.  are needed for or result from the normal electrical, hydraulic or mechanical  or are  store, recelve or dispose of such' pollutants." bys such upset, overturn or damage,  to hold,  or use ofa covered "pollulants" is caused directly  discharge,  (3) Anyl loss, cost or expense arising out of any:  "pollutants"; or  for, any way  responding to, or assessing the effects of' "pollutants."  HC-GL-40-012 (04/11)    ENDORSEMENT  THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ CAREFULLY  TOTAL LEAD EXCLUSION  This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART  Thisi insurance does not apply to any' "bodily injury", "properly damage", "personal injury', or "advertising injury", or any other! loss, cost or expense arising out of the presence, ingestion, inhalation, or absorption of or exposure to lead Ina anyf form or products containing lead.  OCt AUTHORIZED REPRESENTATIVE  SE 1080 (0611)    ENDORSEMENT  THIS ENDORSEMENT CHANGES THE POLICY.PLEASE ASBESTOS AND SILICA EXCLUSION  READ IT CAREFULLY. ENDORSEMENT  This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM  Section 1- COVERAGES, COVERAGE. A, - BODILY INJURY and Excluslons, is amended to add the following excluslons:  PROPERTY DAMAGE LIABILITY,2.  Asbestos  "Bodilyi injury" or' properly damage" arising out of the manufacture asbestos dust, or to any obligation of the insured to  installation of, removal of, distributlon of, or exposure to asbestos of, mining of, use of, sale of, or' "property damage" arlsing out of the manufacture indemnify any parly because of "bodilyi injury" removal of, distribution of, or exposure to asbestos of, mining of, use of, sale of, installation of,  products, asbestos fibers or  products, asbestos fibers or asbestos dust,  Silica  "Bodily Injury" or property damage" or any other loss, cost or expense presence, Ingestion, inhalation or absorption of or exposure  arising out of the to silica products, silica fibers, silica  dust or silcai in anyf form, or to any of or exposure to silica  of  "bodilyi injury" or' "properly damage" obligation the insured to indemnify any parly because of  arising out of the presence, Ingestion, inhalation or  products, silica fibers, silica dust or sllica in any form.  absorption  Section I- COVERAGES, COVERAGE B. - PERSONAL  Exclusions is amended to add the following exclusions: and ADVERTISING INJURYLIABILITY,2-  Asbestos  "Personal and Advertising Injury" arising out of ther manulacture installation of, removal of, distribution of, or exposure to advertising Injury" arising out oft the manulacture  of, mining of, use of, sale of, any parly because of' personal and  asbeslos dust, ort to any obligatlon of the insured to Indemnify asbestos products, asbestos fibers or removal of, distribulion of, or exposure to asbestos of, mining of, use of, sale of, installation of,  products, asbestos fibers or asbestos dust.  Silica  "Personal and Advertising Injury" or any other loss, cost or expense ingestion, inhalation or absorption of or exposure to silica  arising out oft the presence,  ina anyf form, or to any obligation of thei insured to indemnify products, silica fibers, silica dust or sllica advertising injury" arising out of they presence, Ingestion, any parly because of' personal and silica products, silica fibers, slica dust or sllica in any form. inhalation or absorption of or exposure to  SE 1079 (0611)  Page 1of2  Includes copyrighted material of Insurance Services Office, Inc., with its permission    All other terms, conditions and exclusions of the; pollcy shall remain unchanged.  SCt Authorized Representative  SE 1079 (0611)  Page2 2of2  Includes copyrighted material of Insurance Services Office, Inc., with its permission    THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY.  SECURITIES AND FINANCIAL INTEREST EXCLUSION This endorsement modifies insurance under the following: COMMERCIAL LIABILITY COVERAGE PART  It Is agreed that this Insurance does not apply to any "bodily injury" and "properly The purchase, or sale, or offer of sale, or solicitation of any security, debt, bank Any representative made at any time in relation to the price or value of any security, Any depreciation or decline in price or value of any security, debt, bank deposit or Iti is furthermore agreed that we have no obligations to defend or pay for the  damage" arising out of or by reason of: deposit of financial interest or instrument.  debt, bank deposit or financial interest or instrument; or  financial interest or instrument.  defense of any claim that may allege any of the foregoing. All other terms and condition remain the same.  OCt Authorized Representative  SE 1077( (0611)    THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  SERVICE OF SUIT CLAUSE  This endorsement modifies insurance under the following:  Service of Suit  Iti is agreed thati int the event of the fallure of the Company hereon to pay any amount claimed to be due hereunder, the Company hereon, at the request of the Assured, will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of the Company's right to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another Court as permitted by the laws oft the United States or any State in the United States. Ilist further agreed that service of process ins such suit may be made upon Houston Casualty Company, Legal Department, 13403 Northwest Freeway, Houston, Texas 77040, U.S.A. and that in any suit instituted against the Company upon this Insurance, the Company will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefore, the Company hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawfui attorney upon whom may be served anyl law process in any action, suit or proceeding instituted by or on behalf oft the Assured or any beneficiary hereunder arising out of this Insurance, and hereby designate Houston Casualty Company to whom the said officer is authorized to mail such process or a true copy thereof.  All other terms, conditions, and exclusions shall remain unchanged.  HC-GL-40-013 (04/11)    ENDORSEMENT  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  EXCLUSION - SELECTED ACTIVITIES This endorsement modifies Insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM  The following exclusions are added to Paragraph 2, Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION I = COVERAGES), COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY (SECTION I - COVERAGES) and COVERAGE C MEDICAL PAYMENTS (SECTION 1- COVERAGES) if an X This insurance does not apply to "bodily Injury", "properly damage", "personal and advertising injury", or expenses for  Isi indicated to the! left of such excluslon: "bodly injury" arising directly or Indirectly from:  R Boating  Bungee Jumplng  K Parkour K Pep Rallies  Pelting Zoos K Race Track Risks  Cheerleading Pyramids over: 2 % person R high & cheerleading activities using trampolines & spring boards K Freestyle Skling a Free Running R Hang Gliding K Hot Air Balloon Rides  Inflatables K Luge  K Repetitive Type Injuries to Horses/Ponles  Racing or Speed Contests Involving. Alrcraft X Racing or Speed Contests Involving Autos R Racing or Speed Contests Involving Watercraft  K Licensed Daycare/Preschool Operations  K Rock' Wall Climbing a Rodeos K Saddle Animals X Saddle Animal Rides X Skateboarding K Ski. Jumplng K Snowmobiing K Tobogganing K of War Tug a Velcro Jumps  Mechanical Bulls X Mechanical Rides  Motorsports K Open Waler Activilles R Overnight Clinics/Camps X Paintball K Parachuting Devices a Parasailing AS 10040114   Trampolines Over 46" In Diameter  XI Parades - Riding on Floats or Motorized  Page 1of2  Includes Copyrighted Materlal oft the Insurance Services Office, Inc.,  with Its permission.    This excluslon applies when such activities are performed with the knowledge or consent of the insured or any additional insured or concessionaires using any premises owned, operated, or maintained byt the insured.  All other Terms and Conditions of the Policy remain the same.  AS10040114  Page 2 of2  Includes Copyrighted Material oft the Insurance Services Office, Inc.,  with Ifs permission.    ENDVIOEMIENT  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  FIREWORKS, EXPLOSIVES, PYROTECHNIC DEVICES, OR INCENDIARY DEVICE EXCLUSION  This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM  The following exclusion Is added to Paragraph 2., Excluslons of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION I - COVERAGES) and Paragraph 2., Exclusions of COVERAGE B. This insurance does not apply to "bodily injury", "property damage" and "personal and advertising injury" caused by, arising out of, or resulting direclly or indirectly, In whole or in part from fireworks, explosives, pyrotechnic devices, However, this exclusion does not apply to lashboxes". As used in this endorsement, "lashbox(es)" means a device used to create a visual effect along with an explosive noise and is induced electronically In a cylinder with no projectie,  PERSONAL AND ADVERTISING INJURY LIABILITY SECTIONI-COVERACES, as follows:  or any incendiary device. wadding, or wrapping.  All other terms, conditions and exclusions remain unchanged.  STCt Authorized Reprosentative  SE 10220210  Page 1of1    THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.  GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM  A. EMPLOYMENT RELATED PRACTICES The following exclusion is added to paragraph 2., Exclusions of COVERAGE A - BODILY INJURY AND PROPERTYDAMAGE LIABILITY (Sectionl- Coverages) and to paragraph 2., Exclusions of ADVERTISING INJURY LIABILITY (Section I- This insurance does not apply to: "Bodily injury" or "Personal and advertising injury" to: Ap person arising out of any: (1) Refusal to employ a person; (2) Termination of a person's employment; (3) Coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, discrimination directed at a person; or (4) Consequential "bodily injury" or "personal an advertising injury" as a result of (1) through (3) above. (1) Whelher the insured may be liable as an employer or in any other capacity; (2) To any obligation to share damages with or repay someone else who must pay damages because of thei injury.  (3) Any obligation to defend any claim or suit against the insured alleging" "bodily injury', "property damage", "personal and advertising injury" and seeking damages, Ifs such clalm or suit arises from "bodily injury', "properly damage", "personal and advertising injury" as a resuit of the manufacture of, mining of, use of, sales of, installation of, removal of, distribution of or exposure to asbestos, asbestos, asbestos products, asbestos or asbestos (4) To any loss, cost, expense, fine, or penalty arising out of any of the foregoing This Insurance does not apply to "bodily injury', "properly damage", "personal and advertising injury', or any other loss, cost or expense, including, but not limited to losses, costs or expenses related to, arising from or associated with clean-up, remediatlon, containment, removal or abatement, caused directly or indirectly, in whole ori in part, by: (1) Any "fungus()", "mold(s)", mildew or (2) Any "spore(s)" or toxins created or produced by or emanaling from such "ungus()", "mold(s)", mildew or yeast, or (3) Any substance, vapor, gas, or other emisslon or organic or inorganic body or substance produced by or arising out of any "lungus(), "mold(s)", mildew or (4) Any material, product, building component, building or struclure, or any concentration of moisture, water or other liquid within such materlal, product, building component, building or structure, that contains, harbors, nurtures or acts as amedium for any "fungus(l)", "mold(s)". mildew, yeast or "spore(s)" or toxins regardless of any other cause, event, material, product and/or building component that contributed concurrently or In any sequence to that "bodily injury', "properly damage", "personal and advertising Injury,  EXCLUSION  COVERAGE B Coverages):  PERSONAL AND  dust; or iterns 1., 2., or3. Fungus  humiliation  or  This exclusion applies: and  yeasi, or  B. EXCLUSIONS Coverage A-2. Exclusions: p. Asbestos  The following paragraphs are added to Section I- (1) The manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers or (2) Any obligation of the Insured to Indemnify any parly because of damages arising out of such' bodily injury", "property damage", "personal and advertising injury" as a result of the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos products, fibers or asbestos  yeast, or  asbestos dust;  emanating therefrom.  loss, cost or expense.  dust;  HC-GL-77-001 (01/13)  -1-    For purposes of this excluslon, the following definitions are added to the Policy: (1) "Fungus()" includes, bul is not limited to, any of the plants or organisms belonging to the major group. Fungi, lacking chlorophyll, and including molds, rusts, mildews, smuts, andi mushrooms. (2) "Mold(s)" includes, but is not limited to, any superficial growth produced on damp or decaying organic matter or on living organisms, and fungit that produce molds. (3) "Spore(s)" means any dormant or reproductive body produced by or arising or emanating out of any "ungus(I)", "mold(s)", mildew, plants, organisms or This exclusion does not apply to any "fungi" or bacteria that are, are on, or are contained in, a good or product intended for bodily This fungus exclusion DOES NOT apply in the States of Alaska, California, Louislana, New' York or Washington. C. KNOWLEDGE OF OCCURRENCE As respects any loss reporting requirements under this policy, Itis understood and agreed that knowledge of an accident or incident by an agent, servant or employee of yours or any other person shall not in itself constitute knowledge by. you, unless a corporate officer of yours shall have reçeived nolice from said agent, servant, employee or any other person, D. LIBERALIZATION CLAUSE Ifv we adopt a change in our forms or rules which would broaden your coverage without an additional premium charge, your policy will automatically provide the additional coverages as oft the date the revision is effective iny your state. E. NON-OWNED WATERCRAFT EXCLUSION Paragraph g.(2) of Section I- Coverage A-2, Exclusions Is deleted and replaced by the (2) Av watercraft you do not own thati is: (a) Less than! 52 feet! long; and (b) Not being used to carry persons or properly for a charge. Your failure to give first report of a claim to us shall not invalidate coverage under this policy if the loss was inadvertently reported to another insurer. However, you shall report any such  Occurrence" to us within a reasonable time once you become aware of such error. G. SUPPLEMENTARY PAYMENTS 1. Paragraph 1, b. of SUPPLEMENTARY PAYMENTS - COVERAGES A and B (SECTION is deleted and replaced the b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violatlons arising out of the use of vehicle to which the Bodily Injury Llabilily Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1. d. of SUPPLEMENTARY PAYMENTS - COVERAGES A and B (SECTION I) is deleted and replaced by the d. All reasonable expenses incurred by the insured at our request to assist us In the investigation or defense of the claim or "suit," Including actual loss of earnings up to $350 a day because of time off from  1)  by  following:  any  microorganisms. consumption.  following:  work.  H. TOTAL POLLUTION EXCLUSION WITH A Exclusion f. under Paragraph 2., Exclusions of Section I- Coverage Al is deleted and replaced by (1) "Bodily injury" or properly, damage" which would not have occurred in whole or part but for the aclual, alleged or threatened discharge, dispersal, seepage, migratlon, release or escape of "pollutants" at any This exclusion does not or "property injury" heat, smoke or fumes damage" from a arlsing "hostile fire" unless (hat "hostile fire" occurred or originated: (a) At any premises, site or location whichi is or was at any time used byor for any insured or others for the processing or treatment of waste; or (b) At any premises, site or location on which any insured or any contractors or subcontractors working directly or Indirectly on any insured's behalf are performing operations to test for, monitor, clean up, remove, contain, treat, detoxify, neutralize or in any  HOSTILE FIRE EXCEPTION thet following: f.Pollution  time.  to "bodily apply out of  following:  handling,  storage, disposal,  F. NOTICE OF OCCURRENCE  HG-GL-77-001 (01/13)  -2.    way respond to, or assess the effects (2) Any loss, cost or expense arising out of (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying for neutralizing, or in any way responding to, or assessing the effects of,' "pollutants".  of," "pollutants". any:  pollutants", or  UNINTENTIONAL FAILURE TO DISCLOSE The following is added to paragraph 6., Representations of Section IV - Commercial Your failure to disclose all hazards existing as of the inception date of the policy shall not prejudice you with respect to the coverage afforded by this policy provided such failure or any omission is not  HAZARDS  General Liabilily Conditions:  Intentional.  HC-GL-77-001 (01/13)  -3-    City of Kinston City Council Agenda  OEUIS  Meeting Date: Tuesday, July 16, 2024  Agenda Section: Action Item  Item Request: Special Events Permit  Agenda Item to be  Presenter: Keith Goyette, Police Chief Action Requested: Consider  Considered  Subject: Kinston Teens Sunday Dinner - acceptance and Supporting Documentation: Kinston Police Department  approval  approval foras special event for Kinston Teens - Sunday Dinner  Memorandum, Special Event Permit  Department)  HeApcn -  City Manager'sApproval RB  Budgetary Impact: Staff Recommendationt:  D None  OBudgeted  DI Needs Budget Ordinance  Updated Sepfemher 205.6    Kinston Police Department P.O.Box 339/205 E. King Street Kinston, North Carolina 28502 Phone: 252)939-3139/Pax: (252) 939-3276 Wehileywwnsonlor  Kelth Ooyeite, ChiefofPolioe  SPECIALI EVENT PERMIT  Return to:.  CityofKinston Police Department Administrativé Manager. c/OMrs. Angella Williams. 205EKing Street, KinstonNC28501 (252)939-3139:  Please review the City ofF Kinston Special Events Guidelines before Notification Form, Type or print all information. Date Application Submitted: July 11, 2024 Event) Date(s): Sundays:. July 21, August 18, September October. Time/Duration: December 15, 2024 from 10AMt to7PM. 15, NS  NI 1 IKKVIVIEN Event Name: Kinston Teens' Neighborhood Hub Location: 818/819 Tower Hil Rd, Please describes your event: Organization Name: Kinston Teens, Inc. Telephone: 252-522-8012 Address:; 327 N Queen St Kinston,NC Event Organizer/Planner, Telephone Number: 252-468-3007  must be submitted at least twenty (20) business days before the submittingyour application. This form  event, along with the Street Closure 20, November 17, and  Sunday Dinner Event  Kinston, NC 28501  Community Dinner and Resource Fair  Website:,  www.kainstonteensorg Email Address:  Kristal Suggs  Wistalekinstonteens.rg  Non-profit must attach a copy of 501(C)3 status Attached: V Street Closurel Notification Form Aftached? Is applicant in Compliances with Certification ofl Insurance Events uslug City ofKinston property, streets, ors sidewalks are Evidence ofInsurancer will be regaired bofore final permit approval Please provide a Certificate of Insarance, showing a comprehensive coverage policy having a minimum limit of five million dollars combined single limit coverage for bodily injuryl  Yes V  No  Policy Attached M Coverage?  to  policy for the event tbat includes the City ofKinaton as additional required insured, secure an insurance  general liability  and departments.  ($5,000,000) per occurrence  include premises and operations; independent liability property damage liablity. Thiss shall and contractual liability, and provide a contractors, products and completed operations, harmless the Clty of Kinston and all its agencies Policy and Endorsement which indemnifies and holds  The Kinston Police Depariment! pledges to serye Missions our community, Statement  order ally whlle respecting the constitutional righls ofe everyone losgfeguardlives lo lberly, andy property, and! lOA preserve  equallly andjustice.    Kinston Police Department P.O. Box3 339/2051 E, King Street Kinston, North Carolina 28502 Phone: 252)939-3139/Fax (2.52) 939-3276 Website: www.kinstonpdorg  Keith Goyette, ChicfofPolice  For events involviug vehiçles on City of Kinston, please provide a certificate of showing a business auto liability coverage policy haying a minimum limit of five million Insurance, dollars ($5,000,000) per occurrence, combined single limit coverage for bodily injury property damage liabllity. This shall include owned vehicles, hired and employee non-ownership, and provide A Pollcy Endorsement which aud non-owned vehicles, harmless the City of Kinston and alli its agencles and departments.  and liability indemuifles and holds  MRM INNINITRANEN Type ofevent (check all appropriate):  Assembly Race (Foot) Amusement Rides Petting Zoos  Concert Rally  Festival Parade  Raçe (Bike) Walk-a-thon Inflatables Other: Yes Yes Yes  Car Show  Please check any special aotivitiest thate apply tos your event:  Dunk Tanks Pony Rides  Mobile Stages  Isy your event open to the general public? Isthisa af fund-raising project? Is thist the first time yous arel bolding this event?  No No No  Totalnumber ofexpected participants (volunteers, walkers, eto.)and spectators anticipated: Will any publiç streets need to be fully or partially closed? Yes V No  Will any sidewalks be closed or blocked off?  Yes  No N and Orion St and and and  Pleasec describedr requested street/sidewalk closures OR attachedadetalledi map andt tum-by-turn directions.  Tower Hill Rd (Street) (Stroet) (Stroet) (Street)  between Taylor Ln between between between  (Strect) (Street) (Stroet) (Street)  (Strect) (Strect) (Strect) (Strect)  Will other police services be requested (traffic/parking directions, routel layout, eto.)? Yes  No  Ifyes, explain:  Thel Kinston Police Department pledges tos serve Mission our community, Statement los safeguard! lives andp  order all whlle respecting the constitulional righis ofeveryone to liberly, equallly properly, and juslice, and 10! preserve    Kinston Policel Depariment P.0.Box339/205 E. King Street Kinston, North Carolina 28502 Phone: (252)939-3139/Fax: (252) 939-3276 Website: wwwkinslonpdorg  Koith Goyette, ChidfofPolicc Will youl have tents? Yes  No  Will any oft the tents be over 400 sq. f.? Yes  No  Reminder: Ifyes, please contact) Kinston Fire Department 252-939-3164 What arey your plans for providing emergency medical services Wes arei requesting the Cityt toj provide EMS services This is as smail event and we will call911 ifneeded We plant to use aj private EMS company or other Health Services  (choose one)  Is youre event location atac city park or on atrail? Ifyes, contact Parks & Recreation forl Reservations 252-939-3332 Please attach thel Parks & Recreation, Agreement to this  Yes request.  No  lfatap park ort trail, which one (s)?  Ifusings at trail, what section (s) dos you plan to use; (Attach mapi ifneeded) How doy youy plan tol handle restroom services? Portable Ifportable toilets willl bej provided, please list ther name/contact of the Ifnoj portable toilets will be provided, how will these requirements be How doy youp plant tor remove garbage and/or recycling?  Toilets  Other: On-site facilities  company:. handled?  COK Public Services  Reminder: Ifrequesting City receptacles, contact Kinston Public Services Whati isy your plan to provide parking for event attendees? (List locations): Doy you plan tos sell, distribute org give away food or refreshments? Ifyes, please describe: Dinner and drinks  vacant lots and street  Yes (Sell)  Yes (Distribute/Giveaway) V  No  Thel Kinston Pollcel Deparlment pledges tos serve Mission our Statement  order ally while respecling the constilutional communiy, righis of everyone tosgfeguordlives and properly, andiopreserve  to Iiberly, equallty and/ Justice.    Kinston Poliçe Department P.O, Box 339/205E. King Street Kinston, North Carolina 28502 Phone: 252,939-3139/Fax: (252)939-3276 Website: www.kinstonpd.org  Keith Goyette, ChlefofPolioc  Doy you plan to sell or serve alcoho!? Yes No Ifyes, pleasé contact Sergeaut. J. Walker152-39-3184 Commission. ApMAsAsRwPmilePe compliance with relevant policies, Will security serviçes be needed? (Required when alcohol is sorved)  Akohol) Permitattached  Ifthe event includes the distribution of alcohol by a non-Alcoholio Beverage Control Commission permitted organization or individual, a Special One-time Permit must be obtained from (ABC) Event organizers are responsible for all aspects oft their alçohol permit and should ensure that patrons are in  the ABQ  Yes  No  Reminder: Ifyes, please go to our website (Kinstonpd.org): and click on' "I want to" and locate "Hire an Off- Duty Poliçe Officer. Then follow the directions fors signing up an off-duty officer fory your event. You can find Youd can also contact our off-duty police officer scheduler, OffDuty! Management: at (252): 513-48561 fors assistanço.  ita at thof following link: dsSXS  Type of Alçohol (check all that apply): Beer  Unfortified' Wine  Fortified Wine/Liquor  Whoi is serving/selling alcohol (check allt that apply)?  Host  Caterer  Other:  Note: The) Event Organizeri is responmible. for contscting residents and basiness ownens that will be affected bystreete cloaing orsidewalk closingpriortoorinar reasonableamouat of timel before the event! Note: A map ofyour event and/ors your proposed ronte (Incladlag: assembly and dibanding  must be attached to this application.  arens)  Mission Statement  Thel Kinston Police Depariment pledges tos serve our community, los safeguardllves and properly, and 1O order al! whller respecting the conslitullonal: rights ofeveryone 10 lberly, equally andjustice. preserve    Kinston Police Department P.O, Box 339/205 E. King Street Kinston, North Carolina 28502 Phone: 252)939-3139/Fax: (252)939-3276 Website: www.kinstonpd.org  Keith Goyette, ChiefofPolice  CONINNSI s(ti K. MPT IN  Submitting this Special Event Permit. Application does not provide permission to conduct your planned event. Please do nots send outy publicity, flyers or other mediaj prior to receiving confirmation ofs approval. Your confirmation willl bei in the form ofal PERMIT, issued to the organization and/or! person responsible Applicants agreet tor remove all props andi items brought into thep public areas and clean up all litter and debris that result from the event the same day as thee event (unless explicit arrangements are made otherwise). Issuance ofa permit does NOT grant applicants to tow vehicles from reserved or closed  ford conducting the event.  areas.  Return this application and alls supporting documentation to: Byl Email: Angele.Wliams@ci.kinsion.nç.is 252-939-3139  ByN Mail: Kinston Poliçe Department Attn; Angella Williams P.O,) Box 339 KinstonNC28502  In! Person: Kinston Police Department Attn: Angella Williams 205 El King Street Kinston NC 28501  Final approval oft the permit will be authorized by the City Council or ChiefofPolice. CANCELLATIONI POLICY: Written notification ofi intent to cancel your event must be received in writinga ai minimum of21 days prior to the scheduled event date. Its should be received by the Special  Event Coordinator att tho either ofthe addresses above.  PI 1I Shas DII  I, - Icertify that all information included in this application and in all supporting documentation is true 2. Ihave read, understood and agree to the City of Kinston Special Event Guidelines and any rules, 3. Bys signing ands submitting this application, Iand/ort thes sponsoring organization(s) agree to abide by  and accurate to the best ofmy knowledge. regulations, and fees outlined in it, d Applicant'ss Signature Approved  thel laws, ples.reguiations, and deadlines oft the City of Kinston,  07/11/24 Date  Denied  ChiefofPoliteDasignee  Mission Statement  The Kinston Pollce Department pledges tos serve our communlty, los safeguardlives and! properly, andi 10) preserve order all while respecthng the conslitutional. righis ofeveryone lo liberly, equallry andjustice.    Kinston Police Department P.O, Box 339/2051 E. King Street Kinston, North Carolina 28502 Phone: 252)939-3139/Fax: (252)939-3276 Website: www.kinstonpdorg  :  Keith Goyctte, ChiefofPollce  0  CITY OF KINSTON  Hold Harmless Agreement for Special Events  Event organizer agrees to protect, defend, indemnify and hold the City of Kinston , its officials, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and arising out ofor relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind in connection with or arising out of this agreement and/or the performance hereof that are due to the negligence of the sponsor, its officers, employees, or agents, not the resultofthe City's sole negligence. The sponsor further agrees to investigate, handle, respond to, provide defense for, and defend the same at its sole expense and agrees to bearallother  costs and expenses related thereto.  Event Date  5o Signature of 07/11/24  Organizer  The Kinston Policel Department pledges los serve Mission our communiry, Statement losfeguardlives and!  order alls while respecling the conslitutlonal. righls ofeveryone lo liberly, equallly property, andjustice, andi to) preserve    ACORb  CERTIFICATE OF LIABILITY INSURANCE  DATE (MwpowY) 07/11/2024 BY THE POLCIES INSURER(S), AUTHORIZED endorsed.  THIS CERTIFICATE IS ISSUED AS AI MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE UPON THE AFFORDED CERTIFICATE HOLDER. THIB BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUHNG REPRESENTATIVE ORF PRODUCER, ANDT THE CERTIFICATE HOLDER. IMPORTANT: #t the certificate holder Is an ADDITIONAL INSURED, the polloy(es) muet have ADDITIONAL INBURED provisions or be #BUBROGATIONI I8 WAIVED, aubject to the terme and conditions oft the policy, cortaln thle certiioate does not conter rights tot tho certificate holder! In! Heus of such endorsemento). policles may require an endorsement. A slatement on  PRODUCER WiHN Maddux POBoX 1288 Grass Valey MSURED  AT WIN Maddux M.E). (530) AODRESS: mlo@ltisexentiepercom WSUAERD: SURERC: NBURERDI NSURERE:.  East Maln Streetl Insuranco! Services, Ino.  477-8521 HSURENBAPORDPMAC COVERAGE  ELNI  NAICE 35378  CA 95945 HSURERAI Evanston insurance Company  Kinslon Teens, Inc. clo Kristal Suggs 327 NQueen Si, Ste 111 Kinsion  NÇ 28501 INSUREBFI  COVERAGES R  CERTIFICATE NUMBER: ADDLSUBR SOw  REVISION NUMBER:  THIS IS1 TO CERTIFY THAT THE POLICIES OFI INSURANCE LISTED BELOW! HAVE BEENT  INDICATED. NOIWWIHSTANDING. ANY REQUIREMENT, TERM OR CONDITION OF ANY ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD CERTIFICATE MAY BE ISSUED OR MAY PERYAIN, THE INSURANCE AFFORDED BY CONTRACT OR OTHER DOCUMENT WTH! RESPECT TO WHICH THIS EXCLUSIONS ANO CONDITIONS OFS SUCHPOUCIES. LIMITS SHOWNA MAYH HAVE BEEN REDUCEDE THE POLICIES BYI PAIDO DESCRIBED CLAIMS. HEREIN IS SUBJECT TO ALL THE TERMS,  TVPROFBSURANCK COMMALGDAMILAINN CLAIMSHADE X OGCUR Host Liquor Lablity A Retall Liquor Labllty ENL AGGREGATELNITA APPLIESPER POuCY SE8 uoc LOTHER: AUTONOBLELABLIV ANY AUTO OWNEO AUTOSONLY HIRED AUTOSONLY UMBRELLALAB EXCESSLAD DEQ BETENTONS. WOAKERS COMPENSATION AKDEMPLOVERS HABIUITY ANYPROPRIE NIORPASINENEECUNVE Y/N ACERAEUEREGE7 andatory hk N) OFDPERATIONSLN  POIAYNBER  wCYEp  pMTS  EACHOCCURRENCE DAMAGET TORERTED, s 1,000,000 PREHIBEG Tothey nenty) s 1,000,000 MEOE EXP (Myonapersony $ 5,000 BELOY PERBONALBADVIRARY 1,000,000 PRODUCTS- -COMPAOP AGG $ 2,000,000 Deductible COMBED SINGCEUNT scent).. BODKYI HJURYO (Porperson) BODLYK WNURY(Per aocident)! $ BAOPERIVDAMAGE Per.eocion!). EACHOCCURRENCE AGGREQATE STATUIE  E.LI EACHACCDENT ELDISEASE- EAEMPLOYEE. $ EL.DISEASE POLICYLMMT  Y N 3DS5476-M3019712  SEEE BELOVSEE  12:01 AM 12:01 AM GENERALAGGREGATE  2,000,000 None  SCHEOUKLED AUTOS NON-OWNEO AUTOSOHLY OÇCUR CLAMS-MADE  NIA  DAEANPTOHOPSPIEAPONSTTPHEICLE ACORO 101, AdtionwRenakss Schedus, muyt be atachedMnore paceleregured) Certifcate! holder Asted! belowi isr namede as additional Insuredi per attached! MEGL 221701 19f fort the 10/20/2024, 11/17/2024 &1 12/15/2024.. Attendance: 1200, Event Type: Charily Benefit.  dates: 07/21/2024,  following  08/18/2024, 09/6/2024,  CERTIFICATE, HOLDER  CANCELLATION  SHOULDANY OF THE ABOVE DESCRBEOF POLCHESBE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDAMCEWITHTHEF POLIOYPROVISIONS. AITIPRATOAPAEENTAIME  The Cityo otl Kinston P.O. Box 339 Kinston  NC 28502  AHbdliyo 01 1988-2015 AÇORD CORPORATION.  ACORD: 25 (2016/03)  The ACORDI name and! togo are registered marks of ACORD  All righte reserved.    COMMERCIAL GENERAL LIABILITY  POLICYNUMBER:  3D85476-M3019712  MARKEI  EVANSTON INSURANCE COMPANY  THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READITCAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION  This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE FORM  SCHEDULE  Name Of Additional Insured Person(s) Or organization(s):  The Cityo oft Kinston P.O. Box3 339 Kinston, NO: 28502  A. Section li - Who Is An Insured is amended to include as an additional Insured the organization(s) shown in the Schedule of this endorsement, but only with respect to person(s) or "bodily injury", "property damage" or' "personal and advertising injury" caused, in by the acts or omissions of any insured listed under Paragraph 1. or2. of Section whole or in part,  liability for 1- Who Is An  Insured: However;  1. Int the performance ofy your ongoing operations; or 2. Inconnection with your premises owned by or rented to you.  1, The Insurançe afforded to such additional insured only applies to the extent permitted by law; and such Ifcoverage additional provided to the additlonal insured is required by a contract or agreement, the insurance  insured wi! not be broader than that which are required  contract by the  afforded to or agreement to Pageiof2  provide for such additional insured.  you  MEGL: 22170119  Includes copyrightedi material of Insurance Services Office, Inc.,  with Its permission,    B. With respect to the insurance afforded to these additional insureds, the following added lfcoverage provided to the additional insured is required by a contract or agreement, the most  Section lil- -L Limits Of Insurance:  is  to we  will pay on behalf oft the additional insured is the amount of insurance;  1. Required by the contract or agreement; or Allo other terms and conditions remain unchanged,  2. Avallable under thes applicable Limits ofl Insurance showni in the Declarations; whichever is less. This endorsement shall noti increase the applicable Limits of Insurance shown int the Declarations.  MEGL 22170119  Includes copyrighted material of Insurance Services Office, Inc.,  Page 20 of2  withi its permission.    Kinston Police Department P.O. Box 339/205E. King Street Kinston, North Carolina 28502 Phone: (252) 939-3139/Fax: (252) 939-3276 Website: www.kinstonpd.org  Keith Goyclte, ChlefofPolloe  SPECIAL EVENT STREET CLOSURE NOTIFICATION GUIDE  As an event planner, you are responsible for notifying the neighbors and businesses in the surrounding area of your event, The City recommends notifying as many businesses and residents around the evont site AS early As possible, You should discuss your plan for notification with the Special Event Coordinator at the time you submit; your permit appliçation. For events with over 500 attendees or more than 100 pre-registered participauts expected (and for any event! in downtown) Kinston), awritten notification plan mustl besabmitted: atl least! 50 days! before the event, See the Creates al Notificationl Plau section below for morel information. Use the Street Closurel Notification Form and Signature Sheets to document how you carry out your plan. These forms must be submitted to the Special Event Coordinator. at least 30 days prior to; your  event.  CREATE. Al NOTIFICATON! PLAN  The Speclal) Event Coordinator can help you determine ifay written notification plan is required for your event. Your notification plan does not have to be elaborate, but it should clearly answer the 1. What is) your plan forp providing direct notification to affected residents and business? What mailings, fliers, signs, or other materials will you use to provide notice?  following questions:  2, 4.  3. How willy youp publicize youre event? What is) your timeline for notification?  WHATTO INCLUDEI INI NOTIFICATION? TO AFFECTED RESIDENTS & BUSINESSES  Name of event Name ofs aponsoring organization(), ifapplicable Dates andt timeframe ofe event Descriptlon ofassociated: street closures Websites assoclated with event,lfapplicable  Description ofevent andt timeline for noise Impacts of event, such as music or fireworks Name ande contact Jaformation ofe event organizer (includings a phone number ande email address)  WHO1 TO NOTIFY Affected Residents and Buslnesses  Atar minimum,) yous should provide direct notificatlon (typically door-to-doorvisit) to: Residents and busimesses on and adjacent to a proposed temporarys street closure Residents and businesses who may be serlously impreted by the temporarystreetc closure (especially those whose primary access to their property is affected by the closure)  Misslon! Statement  The Kinston Police Department pledges loserve our community, 10s sqfeguardlives and! property, and! 10) preserve order all while respecting the conslltutional righis of everyone lo liberly, equality andjustice.    Kinston Police Department P.O. Box 339/205E. King Street Kinston, North Carolina 28502 Phone: 252,939-3139/Pax: (252)939-3276 Website: www.kinstonpd.org  Keith Goyelte, ChicfofPolios event (Sheet attached)  Please provide al list of residents and businesses that bavel been contacted regardingyourspecial  SPECIALEVENT: STREETO CLOSURE NOTIFICATION: SHEET  The City ofKinston requires event planners to notifys surrounding residents and businesses. Please list all  residents and businesses contacted.  3rd Sunday eachi month HOW CONTACTED (eHL LeHer LEHer RHeL Leiter LeHer LeHey leher LeHer  Event Name: NAME  Event Date:  ADDRESS  R5 BAcK HRd 724 oner HuL Ro  719 725 8D3 R05 S24  400 Taylor In 917 oNCr Hil Rd  (Make additional copies, ifnecessary)  Mission Statement  Thel Kinston Police Deparlment pledges tos serve our community, losafeguardi lives and! property, and toy preserve order all while respecting the constifullonal. rights ofeveryone tol liberly, equality and justice.    so0   m  issti  KoIv leyed  #  m  *  Orions  NOrion  e    Empoweringy young people through service, leadership, Mailing: P.O. Box 2625, Kinston, NC 28502 Office: 327 N. Queen Street, Suite 111, Kinston, NC: 28501  KINSTON TEENS  and civic engagement  ESTABLISHED 2014  July11,2024  Dear Nelghbors,  We hope this letter finds you welll We are writing to invite you to our upcoming Sunday Dinner event at the East Kinston Neighborhood Hub (818 Tower Hill Road), This event will take plaçe on Sunday, July 21 from 3PM to 5PM, Kinston Teens has hosted these events for As part of this event, we will be temporarily closing Tower Hill Road between Taylor Lane and North Orion Street on the day of the event. Please rest assured that residents who live within the street closure area will have continuous access to their homes and driveways throughout the event. However, public drive-through access will be restricted during this We believe this gathering presents a wonderful opportunity for neighbors to connect, fellowship, share a meal, and actively contribute to the positive development of East Kinston. Your presence and participation would mean a lot to us and to the entire community. We would also like to notify you that future events and street closings will be held on the following Sundays: August 18, September 15, October 20, November 17, and December Thank you for your understanding and support as we work together to create a brighter future for East Kinston! If you have any questions or need further information, please feel free to contact me directly at (252)522-8012or! by email at chnsekinstonteensorg  nearly two years now on the Third Sunday ofe each month,  time to ensure the safety of all event participants.  15.  Warm regards, Giphp  Chris. J. Suggs Founder & Executive Director  Kinston Teens, Inc. and the East Kinston Neighborhood Hub  (252)522-8012 nlo@kinstonteens.org www.kinsionteens.org    THIRD  SUNDAYDINNER  SUNDAYS OF  EACH  MONTH  at the  818  Neighborhood  Tower Hill  Hub  Road, Kinston,  NC 28501  +  # H  # E  This event features fun, fellowship,  a FREE meal  and helpful  along with  Kinston Teens and  resources from Kinston  Neighborhood  our East  Hub  community partners. RB: Tmt HUB  KINSTON EAST  TEENS  We  ESTABLISHED2014  would love  :T Kinston, NC: by of Cash our efforts! App to Donations can be made at  (252)522-8012 28502, or visit For more  or to or by mail to  www.eastkinston.org. volunteer, call    P,0. INTERNAL REVENUB SERVICE BOX 2508 CINCINNATI, OH 45201 Date: DEC2 KINBTON TBENS INC PO BOX 2625 KINSTON, NC  DBPARTMENT OF THE TRBASURY  Employer Identification 47-2645211 DLN: 17053288325015 Contact Person: SHAWNTBL R SANDERS Contact Telephone Number: ID# 31456 (877) 829-5500 Accounting December Period Ending: Public Charity Status: 170(b) (1) (A)(vi) Form 990/990-BE/990- Yes Rffective Date of Exemption: February 3, 2015 Contribution Yes Addendum Appliesi No  1.2015  Numbèr:  28502-2625  31  Required:  Deductibility:  Dear Applicant: We're pleased to tell contributions exempt status. Please  under Internal Revenue you we datermined you're  make Code (IRC) Section  exempt from federal  to receive tax they deductible to you under IRC Section 501(c) (3). Donors can deduct income tax Section 2055, 2106, or 2522. bequeste, devises, transfers 170. You're aleo qualified charity under charities the IRC or private foundations. (c) (3) are further classified information retum our recorde show you're that you're required to the e-Postcard). If (Porm 990 or Rorm 990-B2) required to file an annual file Form consecutive years, you don't file a required or electronic notice (Form  This letter could  or gifts under  keep it for your records. help regolve questions on your  either organizations public exempt under IRÇ Bection 501( 1n990-BE/990-N, the top of this letter  Bection lieted at the  We determined you're as top of this letter,  If we indicated at  a public  your exempt Btatus will return or notice for an integral part of this that an addendum -  990-N, three revoked. applies, the  If we indicated Por important organization, go intormation to to view Publication which describes your  be automatically letter.  enclosed addendum at in the top of this letter  about your  as a  Compliance Guide Enter for "4221-PCH in tax-exempt the search bar recordkeeping, reporting, and 5011c)(3) Public Charities,  disclosure requirements.  Letter 947    -2-  KINSTON TBENS INC  Sincersi  THE -  Jeffrey I. Cooper Director, Exempt Organizations Rulinge and Agreements  Latter 947    City of Kinston City Council Agenda  OUIN  Meeting Date: Tuesday, July 16, 2024  Agenda Section: City Manager's Report Item Request: Information Only  Agenda Item to be Considered  Presenter: Leon Stecle, Executive Director, Downtown Kinston Revitalization  Subject: July 4th Celebration Update Action Requested: No Action Requested Supporting Documentation: Memo  Department Head's Approval  City Manager's Approval Bp  Budgetary Impact: StatfRecommendation:  R None  B Budgeted  D Needs Budget Ordinance  Updated September2636    DK OWNIONNENT  Recap of July 4th 2024 Event in Pearson Park  Excessive heat was ignored byt the largest crowd ever in Pearson Park to come out and celebrate Independence Day downtown with North Tower band, several local vendors, Flimsy, the Rotary Duck People poured into the park constantly all day and evening, sitting and: standing where any space was available. Adiverser mix ofg guests were packed into the lawn, the playground, and down to the Farmers Market. The consensus was 4-5,000 people. People were even: sittingi int the Shirley Herring Memorial Garden. Plus, there were people mingling in the Social District and we saw: several Social Districts cups  Race ont the Neuse, and fireworks.  arrive at the park.  All vendors did very well. One sold out of product midway through the event. Despite the large number of people, there were no incidents reported, save for one heat-related situation. The Police Officers present were terrific. This was an exceptionally good event for downtown, Kinston, and Lenoir County. All had a great time andi it was talked about fors several days afterwards.  Thank yout to the City of Kinston, Parks and Recreation, KPD, first responders, and Public Services for the  support and assistance.  Leon Steele, Director of Downtown Revitalization