Town of Boonville November 5, 2024, Regular Meeting Minutes Harvey E. Smith Municipal Building The following were in attendance at the 11/5/24 regular meeting: Mayor Vaughn Benton, Mayor Pro-Tem Tim Driver, Commissioners David Cox, Monica Craver, Dwaine Dobbins, and Greg Wagoner. Also in attendance were Attorney. James Freeman, Finance Officer/Town Clerk Kim Wells, Police ChiefJeff . Call to Order and Welcome: Mayor Benton called the 11/5/24 meeting to order at 7:00 p.m. II. Conflict of] Interest Issues and Approval of Agenda: Commissioner Craver asked the Board to consider adding the following to New Town Business: E-National Flood Insurance Discussion- = FEMA and F- Discuss Williams St Well Pump Quote. Commissioner Wagoner motioned to accept the agenda as amended. Commissioner Cox seconded, and the motion passed unanimously. III. Pledge of Allegiance and Prayer: Mayor Benton led the Pledge of Allegiance and the prayer. IV. Adoption ofl Minutes: Finance Officer Wells informed the Board of corrections to1 the 10/1/24 proposed minutes. Commissioner Cox motioned to adopt the 9/3 regular and 10/1 regular minutes. V.Public Comments: Diane Ganzzermiller, 125 Spring Street, asked to address the library and wanted to find out how to get involved with it. Friends of the Library President, Ellen Reece, stated she would A. American Rescue Plan Act (ARPA) Fund Projects: Ethan Gartin, TRC Engineering, updated Het then spoke oft the new Lead Service Line project being required by the state. Mr. Gartin stated this was an estimated $200,000 project, with a cost of $500 per meter. Hei then stated the remaining funds from the state ARPA funding would be available to cover the cost. Commissioner Craver stated there would be a state-required letter mailed out about the project A. Derrick Hill, 112 Lake Dr., water bill and prior annexation request: Commissioner Craver updated the board on Mr. Hills residence, a discussion Mr. Hilll had from 2019 with the town's prior Zoning Officer and the billing issue from 2019-present. It was stated that thet town was partially at fault for not billing Mr. Hill. Discussion followed. The Boards consensus was to put Mr. Hill on aj payment plan for 361 months at the minimum rate for that period. They also informed Mr. Hill that ifl he were still interested in being annexed in, they would help him get that B. NC Water and Wastewater. Agency Response Network: Public Works Director Tim Collins spoke about the proposed mutual aid agreement. Discussion followed. Commissioner Wagoner motioned to adopt the NC Water and Wastewater Agency Response network agreement. Commissioner Craver seconded, and the motion passed unanimously. C. Ratify the consensus to extend the period for cut off as set forth in the policy for extraordinary circumstances: Discussion followed on the current policy and what circumstances with the current billing software kept the town from being able to cut off per the policy. Commissioner Cox motioned ratify the consensus. Mayor Pro-tem Driver seconded, and D. Amend the contract for the Fiscal Year 2024 audit with Gibson and Company: Finance Officer/Town Clerk Wells presented the Board with an updated contract for the Fiscal Year end 2024 audit services. She informed them that the third-party CPA was still working on the financials and all this amended contract was to extend the timeframe the audit would be submitted to the LGC. Commissioner Cox motioned to amend the contract for Gibson and Company. Commissioner Craver seconded, and the motion passed unanimously. E. National Flood Insurance Discussion = FEMA: Greg Colson from FEMA presented the National Flood Insurance program to the Board. It was stated that the Board would have to doa Hobson, and Public Works Director Tim Collins. Commissioner Wagoner seconded, and the motion passed unanimously. bel happy to talk to Mrs. Ganzzermiller. the Board on the ongoing projects. VI. Old' Town Business: that will come to the residents within the next few days. VII. New Town Business: started at a later date. the motion passed unanimously. Letter ofI Intent which would come from a local ordinance. Discussion followed. Commissioner Craver motioned to table for further information. Commissioner Wagoner seconded, and the F. Discuss Williams St Well Pump Quote: Commissioner Craver and Public Works Director Collins updated the board on the Williams St well and gave options for fixing it. Discussion motion passed unanimously. followed. The consensus ofthe board was to not take any action now. A. Mayor's Report: Mayor Benton had nothing to report. VIII. Reports and Announcements: B. Finance Officer's Report: Finance Officer/Town Clerk Wells reported on the status oft the billing and thanked Patrick Long for all his help with the meters/meter reading. . Zoning Officer's Report: Commissioner Craver stated she had been busy with Zoning. She gave an update on the new O'Reilly's store and on the opening of Mama T's restaurant. D. Public Works Director's Report: Public Works Director Tim Collins updated the Board on what the department was working on. E. Police Chief's Report: Police Chief Hobson had nothing to report. :. Fire Department's Report: No one from the Fire Department was present. G. Boonville Library's Report: Ellen Reece, President oft the Friends ofthe Library, spoke to the Board on behalfoft the Boonville Library. She gave al handout about the library to the Board and gave an update on the status oft the Friends oft thel Library. Mrs. Reece then explained the history ofthe library. She spoke about a recently proposed lease agreement that was sent to the Northwest Regional Library. Discussion followed. Mayor Pro-tem Driver asked that the two entities work together and stated individuals from both sides need to sit down and talk sO Commissioner Wagoner reported on some contractors and 5 streets ini need of paving. Commissioner Craver reported on the progress oft the new billing/accounting: software system. She stated the online payment option was delayed because ofa virus on the front computer. She thanked Patrick Long and Kim Wells for all the work done to get the system up and working properly. Commissioner Craver stated she was absent last month because ofar required meeting with the UNC Collaborative Program. She updated the Board on that meeting and the funding Commissioner Cox reported on the NC Rural Center Review and discussion on all the aging infrastructure within the state. He thanked Patrick Long for coming on board to get the meters and meter reading side oft the system corrected. Commissioner Cox then spoke about the Committee Reports as. Needed: Commissioner Craver spoke about the success of the annual Boo Bash. She then spoke of the upcoming Christmas event and next year's Heritage Days event. IX. Adjourn/Recess: Commissioner Dobbins motioned to adjourn. Mayor Pro-tem Driver seconded, and everyone has the same understanding. H. Departmental Commissioner's Reports: they were giving the town. Mayor Pro-Tem Driver had nothing to report. Boonville Library. Commissioner Dobbins had nothing to report. the motion passed unanimously. The meeting ended at 8:57 p.m. R.DevypigmnçVangh) Benton,] Mayor fhsto Ku w0 Kim Wells, Finance Officer/Town Clerk TRC November 4, 2024 Mr. Vaughn Benton, Mayor Town of Boonville PO Box 326 110 N Carolina Ave Boonville, NC 27011 114 Edinburgh 5. Drive. Ste. 200 T919.8270864 Cary, NC 27571 TRCcompanies.com RE: Proposal for Professional Services Boonville Lead Service Line Inventory Town of Boonville, NC Dear Mayor Benton: On behalf of TRC, thank you fori the opportunity to present our proposal to the Town of Boonville (Town) for professional engineering services for the Town's Lead Service Line Inventory Project. I. PROJECT DESCRIPTION The North Carolina Department of Environmental Quality (NC DEQ), at direction from the Environmental Protection Agency (EPA), isi instituting a rule that all community and non-transient, non-community water systems must conduct an inventory of service line materials in their distribution system. TRC will utilize the guidance and direction from NC DEQ to ensure the Town meets the requirements oft the Inventory, as well as perform additional investigation as requested by the Town after the initial investigation is completed. This project aims to expand the Town of Boonville's initial lead service line inventory. The initial inventory was submitted prior to the October 16 deadline. However, minimal field investigation was performed, and there is still historical data remaining to be collected and reviewed to further eliminate potential field investigative needs. This project aims to finalize the historical review and perform as many pothole investigations as can be performed based on the agreed upon unit rate in the engineering services agreement. II. SCOPE OF SERVICES Services to be provided by TRC under this task order will include the following: Task A. Historical Review of Data This task will include the review of historical data within the Town to determine which houses being served can be assumed to have no lead service lines. Lead was outlawed as an acceptable material in March of 1987; therefore, any construction records, plumbing Mayor Vaughn Benton Lead Service Line Inventory November 4, Page 3 of6 IV. DELIVERABLES TRC will provide the following deliverables, all in electronic format: Lead Service Line Inventory Monthly progress reports Reimbursement Requests and Other Administrative Documents for DEQ V. FEES The proposed fees for the above-described services are on a Lump Sum basis with the exception of Task B - Additional Field Investigation, which will be on a Time and Materials (T&M) basis. If 70% of budgetary estimate below is reached, the Town will be notified of project progress to evaluate remaining fee. Fees will be billed monthly based on our efforts completed at the close of the respective billing period. We will provide a monthly written progress report outlining the status of the project, outstanding issues, items needed, further coordination, or other items of interest to keep the project team informed of progress toward completion. Task A- Historical Review of Data.. Task B - Additional Field Investigation (T&M). Task C- Grant Administration / Project Management VI. CONTRACT TERMS AND PROVISIONS $25,000.00 $150,000.00 $25,000.00 $200,000.00 TOTAL. All authorized services will be provided in accordance with our current Standard Terms and Conditions attached. VII. ASSUMPTIONS /LIMITATIONS This proposal is based on the following assumptions: The Inventory for this project is intended to include the scope which was approved in the DEQ funding application. If additional investigation is requested due to further considerations, an additional change order or fee proposal may be required. Fees are not stand-alone fees. Fees are contingent on no exhaustive efforts beyond what is assumed as normal reviewing agencies lead service line inventory requirements. Replacement or other construction activities related to lead service lines, lead goosenecks, or other lead-related issues is not included in this contract. Additional services, ifr required, will be provided by TRC on an hourly basis or a negotiated lump sum fee. A written scope ofs services and fee proposal willl be submitted to the Town for review and consideration prior to commencement ofa any requested additional: services. Mayor Vaughn Benton Lead Service Line Inventory November 4, Page 5 of6 Clearance: 1/4 x Double meter Cost Distance: (>25 feet past ROW) 1/2 x Double meter Cost Definition of Terms: Excessive Roots - Higher concentration of roots that prevents a camera from! being able to obtain photo for water service material verification and/or line not clearly Overly Wet/Sloppy: Soil- -N Moisture/Water present significant enoughi tor requiret the soil removed to not be possible to be replaced within the excavation and new: soil Depth of Service Line (>24" to 36") - Existing water service is at a depth greater than 24 inches to 36 inches, which requires greater time and effort for additional Depth of Service Line (>36" to 48") - Existing water service is at a depth greater than 36 inches to 48 inches, which requires greater time and effort for additional depth excavation. Fee would be in addition to the fee added for the >24"to36" Clearance - Existing conditions/hard surfaces (i.e. concrete, asphalt, etc.) are present and within -8 or less to the meter box, such that the standard excavation equipment is not able to perform potholing process, which requires the use of adapters or excavation to be done at an angle or other non-standard angle for Actual service material identification can only be based upon the areas that were visually Fee based upon performing pothole(s) at each meter location within two (2) feet from a water meter and at a per hole cost (pothole may be performed closer to meter box if obstructions prevent potholing from being performed this distance from the meter). Feei includes initial backfill of pothole withs sandi to an approximate depth of 4i inches above Pothole activities can be performed during daylight hours (Monday - Saturday). Traffic control, if needed, would be provided, and coordinated by the water system where Water system will coordinate and obtain permission for TRC and Sub-Contractors to access private property for the excavation of services not on City property / ROW. Due to the nature of work, there will be disturbances to the existing condition associated with the work. TRC will attempt to address disturbances, but notes that the condition may Leaks/damages either exposed and/or occurring during the work will not be the Responses to customer inquiries and damage claims will be attempted within 24-48 hours Water system will provide a list of physical addresses to be potholed for the visual identification within at least one (1) week prior to any potholing activities. visible due to root obstructions. utilized for backfilling the excavated pothole. depth excavation. depth. providing visual verification of water service line. observed. the existing service line. work is performed. not be exactly the same prior to performing the work. responsibility of TRC ofr normal working days. North Carolina Water and Wastewater Agency Response Network Mutual Aid and Assistance Agreement For Water and Wastewater Utilities This Agreement is made and entered into by public and private Water and Wastewater Utilities in North Carolina that have, by executing this Agreement, manifested their intent to participate This Agreement is authorized under Section 160A-318 of the North Carolina General Statutes which provides that public and private Water and Wastewater Utilities may contract with each other to provide mutual aid and assistance in restoring water and sewer in the event of natural in an Intrastate Program for Mutual Aid and Assistance. disasters or other emergencies. ARTICLEI. PURPOSE Recognizing that emergencies may require assistance in the form of personnel, equipment, materials, and supplies from outside the area of impact, the signatory utilities established an Intrastate Program for Mutual Aid and Assistance. Through the Mutual Aid and Assistance Program, Members coordinate response activities and share resources during emergencies whether localized tot the utilities or a declared disaster. This Agreement sets forth the procedures and standards for the administration of the Intrastate Mutual Aid and Assistance Program. ARTICLE II. DEFINITIONS A. Authorized Official- An employee or officer of a Member that is authorized by the Member's governing board or management to: request assistance; offer assistance; Refuse to offer assistance or; Withdraw assistance under this Agreement. magnitude of loss and property damage. B. Disaster- - An emergency event that reaches a specific financial threshold related to C. Confidential Information = Information defined NCGS 132-1.2 as confidential information or D. Emergency An unanticipated and/or sudden natural or manmade event that requires immediate action and is, or is likely to be, beyond the control of the services, personnel, NCGS 132-1.7 as sensitive public security information. equipment, and facilities of a Mutual Aid and Assistance Program Member. 1 E. Incident Command System (ICS)- A standardized on-scene emergency management system designed for use for all kinds of emergencies and is applicable to small as well as large and complex incidents. ICS is the combination of facilities, equipment, personnel procedures, and communications operating within a common organization structure, designed to aid in the F.1 Indemnity = Security against hurt, loss, or damage. An exemption from incurred penalties or G. Indemnitee - A party to this Agreement that is entitled to be indemnified by another party to H. Indemnitor = A party to this Agreement that is obligated to indemnify another party to this IL Large water and or wastewater utility- A utility that is represented with a population in J. Member- Any public or private Water or Wastewater Utility that manifests intent to participate in the Mutual Aid and Assistance Program by executing this Agreement. K.N Mutual Aid and Assistance Agreement - Ai formal agreement among emergency responders tol lend assistance across jurisdictional boundaries when required; either by an emergency that L.I National Incident Management System (NIMS) -Anational, standardized approach toi incident management and response that sets uniform processes and procedures for emergency response M. The North Carolina Water and Wastewater Agency Response Network NCWaterwARN) - Ar network of public and private water and wastewater utilities united under an agreement to provide and receive mutual aid and assistance to signatories tot the agreement during emergencies ranging from those that may arise from declared disasters or are specific to a single utility. N. Period of Assistance - A specified period of time when a Provider assists a Recipient. The period commences when personnel, equipment, materials, or supplies depart from a Provider's facility and ends when the resources return to their facility (portal to portal). All protections identified int the agreement apply during this period. The specified Period of Assistance may occur O. Provider - A Member that responds to a request for assistance under the Mutual Aid and P. Recipient - A Member who requests assistance under the Mutual Aid and Assistance management of resources during incidents. liabilities." this Agreement pursuant to the terms of Article X. Agreement pursuant to the terms of Article X. excess of 10,000. exceeds local resources or a disaster operations. during response to or recovery from an emergency, as previously defined. Assistance Program. Program. Meriam-Webster. Retrieved. August 22, 2007, from Merriam -Webster.com website: htp/www.meriam-webster.com 2 Q. Small water and or wastewater Utility- A utility is represented with a population less than R. Private Water Utility- An entity that is not a unit of government that owns or operates a S. Public Utility- A unit of government that owns or operates a water and/ or wastewater utility. 10,000. water and/or wastewater utility, whether on a for-profit or not-for-profit basis. ARTICLE III. ADMINISTRATION The Mutual Aid and Assistance Program shall be administered through the North Carolina Water and' Wastewater Agency Response Network NCWaterwARN) Committee in coordination with the North Carolina Rural Water Assoication (NCRWA). The purpose of the NCWaterWARN Committee is to provide coordination of the Mutual Aid and Assistance Program before, during, and after an emergency. The NCWaterWARN Committee, under the leadership of an elected Chairperson, shall meet quarterly as deemed necessary by the Chair to address Mutual Aid and The administration of NCWaterWARN will be through the NCWaterWARN Committee. The committee shall consist of a chair and vice chair, an eastern regional section, a western regional section, and (3). At-Large members. The NCWaterWARN Committee shall consist of an eastern regional section with three (3) seats representing large and small public water and wastewater utilities and private water systems. The western regional section shall consist of three (3) seats representing large and small public water and wastewater utilities and private water systems. Also, there shall be three (3). At-Large seats for additional representatives from either large and NCWaterWARN regional sections are divided along the NC Department of Environmental Quality (NCDEQ) regional office areas. Ar map of the regional sections is included in Appendix Representatives from large and small public water and wastewater utilities and private utilities shall be elected at the NCWaterWARN Annual Meeting. Election and voting procedures will Under the leadership of the NCWaterWARN Committee Chair, NCWaterWARN Committee Members shall plan and coordinate emergency preparedness and response activities for the Mutual Aid and Assistance Program. The NCWaterWARN Committee Chair (or his/her designee) shall maintain a master list of all members of the Mutual Aid and Assistance Program. The NCWaterWARN Committee shall elect a Chair and a Vice Chair. The first Chair and' Vice Chair will serve a two (2) year term and subsequent Chairs and Vice Chairs will serve one (1) Assistance Program issues. small public water and wastewater utilities or private water systems. Aoft this agreement. be described in the NCWaterWARN Ops Plan. year thereafter. The NCWaterWARN Committee shall: A. Convene an annual meeting for members. B. Provide for the development and maintenance of a database of all participating utilities through one of the members, sponsor agencies, or participating agencies or associations. 3 C. Meet as a NCWaterWARN Committee at least quarterly, as needed and at the discretion oft the Chair, to address and resolve concerns, create and modify procedures and any additional policy or legal issues related to NCWaterWARN. D. Provide for the development and maintenance of a secure website. E. Include an advisory board in its meetings to provide input based ont the expertise of their agency. The additional responsibilities of the Chair are described throughout the agreement. Those duties will be highlighted int the agreement for review by the NCWaterWARN Committee and the The NCWaterWARN shall have an advisory board that consists of representatives from partner agencies and stakeholders. Representatives to the advisory board from the respective agencies shall be named by those agencies. The advisory board is not a voting member. NCWaterWARN Advisory Board may include at least one representative from the following Sponsors. Those duties will be listed together in the protocols. agencies: North Carolina Department of Environmental Quality; Division of Water Resources; North Carolina Department of Environmental Quality; Division of Water Resources; North Carolina Section of the American Water' Works Association and Water Public Water Supply Section Water Quality Regional Operations Section Environment Association North Carolina Rural Water Association North Carolina Waterworks Operators Association North Carolina Emergency Management North Carolina League of Municipalities Eastern Water and Wastewater Network Environmental Protection Agency Region IV Department of Homeland Security Protective Security Advisor Other agencies may be invited toj join or have representation on the advisory board at the discretion of the NCWaterWARN Committee. ARTICLEI IV. PROCEDURES In coordination with other response partner agencies, the NCWaterWARN Committee shall develop operational and planning procedures for the Mutual Aid and Assistance Program. These procedures shall be reviewed at least annually and updated as necessary. 4 ARTICLE V. PRE-EVENIPLANNING Members shall identify resources available for deployment and develop plans for housing and providing for the necessities and maintenance of personnel and equipment deployed to provide mutual aid and assistance when a request for assistance is made by the member. Ina addition, Members shall provide training to their response personnel related to: NIMS compliance Mutual aid response protocols mutual aid and assistance Required documentation for providing mutual aid and assistance and for receiving ARTICLE VI. REQUESTSFORASSISTANCE Member Responsibility: Members shall identify an Authorized Official and alternates, provide contact information including 24-hour access, and maintain resource information made available Int the event of an Emergency, a Member's Authorized Official may request mutual aid and assistance from a participating Member. Requests for assistance can be made orally or in writing. When made orally, the request for personnel, equipment, materials, and supplies shall be prepared in writing as soon as practicable. Requests for assistance shall be directed to the Authorized Official of the participating Member. The Chair will be notified of all activations of the agreement. Specific protocols for requesting aid shall be provided in the required procedures Prospective NCWaterWARN members must, if not already active, become and maintain an active membership with the North Carolina Rural Water Association (NCRWA) and must attach proof of itsr membership with NCRWA to this agreement. NCWaterWARN Members must also provide written notice to the acting NCWaterWARN Chairman of its termination of membership with NCRWA which also results in termination with its membership and benefits associated with NCWaterwARN.NCWaterwARN members are responsible for completing their system's profile information, once an account is assigned, in their member account on the current NCWaterWARN platform. Failure to comply may result in both an innacurate member directory and omission from Response to a Request for Assistance: After a Member receives a request for assistance, the Authorized Official evaluates whether resources are available to respond to the request for assistance. Following the evaluation, the Authorized Representative shall inform, as soon as possible, the Recipient whether it has the resources to respond. If the Member is willing and able to provide assistance, the Member shall inform the Recipient about the type of available Discretion of Provider's Authorized Official: Execution of this Agreement does not create any duty to respond to a request for assistance. When a Member receives a request for assistance, the Authorized Official shall have absolute discretion as to the willingness to respond and/or availability of resources. An Authorized Member's decisions on the availability of resources by the utility for mutual aid and assistance response. (Article IV). automated NCWaterWARN communications to the membership. resources and the approximate arrival time of such assistance. shall be final. 5 ARTICLE VII. PROVIDER PERSONNEL National Incident Management System: When providing assistance under this Agreement, the Recipient and Provider shall be organized and shall function under the National Incident Management System if State or Federal preparedness funding is desired. Contro!: Provider personnel shall remain under the direction and control of the Provider. The Recipient's Authorized Official shall coordinate response activities with the designated supervisor(s). of the Provider(s). Whenever practical, Provider personnel must be self-sufficient for up to 72 hours. Food and Shelter: The Recipient shall supply reasonable food and shelter for Provider personnel. Ifthe Recipient is unable to or fails to provide food and shelter for Responding personnel, the Provider's designated supervisor is authorized to secure the resources necessary to meet the needs of its personnel. The cost for such resources should not exceed the State per diem rates fort that area withouti further justification of good faith efforts to secure accommodations within the per diem. The Recipient remains responsible for reimbursing the Provider for all costs Communication: The Recipient shall provide Provider personnel with radio equipment as available, or radio frequency information to program existing radio, in order to facilitate Status: Unless otherwise provided by law, the Provider's officers and employees retain the same privileges, immunities, rights, duties, and benefits as provided in their respective Licenses and Permits: To the extent permitted by law, Provider personnel who hold licenses, certificates, or permits evidencing professional, mechanical, or other skills shall be allowed to carry out activities and tasks relevant and related to their respective credentials during the specified Period of Assistance. Members should comply with NIMS credentialing where applicable. Right to Withdraw: The Provider's Authorized Official retains the right to withdraw some or all of its resources at any time. Notice ofi intention to withdraw must be communicated tot the Recipient's associated with providing food and shelter, if such resources are not provided. communications with local responders and utility personnel. jurisdictions. Authorized Official as soon as possible. ARTICLE VIII. COST REIMBURSEMENT Unless otherwise mutually agreed in whole or in part, the Recipient shall reimburse the Provider for each oft the following categories of costs incurred while providing aid and assistance during the specified Period of Assistance. Such cost may include damage or loss to equipment. Personne!: Provider personnel are to be paid for assigned duty during a specified Period of Assistance (refer to definition of period of assistance in Article II) according to the terms provided in their employment contracts or other conditions of employment. Either Member may require Provider's personnel to observe a rest period prior to travel back to the Provider's base of operations to ensure safety of personnel. The Provider designated supervisor(s) must keep accurate records of work performed by personnel during the specified Period of Assistance. Recipient reimbursement to the Provider must consider all personnel costs, including salaries or Equipment: The Recipient shall reimburse the Provider for the use ofe equipment during as specified Period of Assistance, including but not limited to, reasonable rental rates, all fuel, hourly wages, costs fori fringe benefits, and indirect costs. 6 lubrication, maintenance, transportation, and loading/unloading of loaned equipment. All equipment shall be returned to the Provider in similar condition to its condition at the time of the request for mutual aid and assistance. As a minimum, rates for equipment use must be based on the Federal Emergency Management Agency's (FEMA) Schedule of Equipment Rates. Ifa Provider uses rates different from those in the FEMA Schedule of Equipment Rates, the Provider must provide such rates in writing to the Recipient prior to supplying resources. Mutual agreement on rates other than FEMA Schedule of Equipment Rates must be reached in writing prior to dispatch of the equipment. Reimbursement for equipment not referenced on the FEMA Schedule of Equipment Rates must be developed based on actual recovery of costs. IfProvider must lease a piece of equipment while its equipment is being repaired, Recipient shall Materials and Supplies: The Recipient must reimburse the Provider in kind or at actual replacement cost, plus handling charges, for use of expendable or non-returnable supplies. The Provider must not charge direct fees or rental charges to the Recipient for other supplies and reusable items that are returned to the Provider in a clean, damage-free condition. Reusable supplies that are returned to the Provider with damage must be treated as expendable supplies Payment Period: The Provider must provide an itemized bill to the Recipient for all expenses it incurred as a result of providing assistance under this Agreement. The Provider must send the itemized bill to the authorized official not later than ninety (90) days following the end of the Period of Assistance. The Recipient must pay the bill in full on or before the one hundred eightieth (180th) day following the billing date. Unpaid bills become delinquent upon the one hundred eighty-first (181st) day following the billing date, and, once delinquent, the bill accrues interest at the rate of prime, as reported by the Wall Street Journal, plus two percent (2%) per annum. Records = Each Provider and their duly authorized representatives shall have access to a Recipient's books, documents, notes, reports, papers, and records which are directly pertinent to this Agreement for the purposes of reviewing the accuracy of a cost bill or making a financial, maintenance, or regulatory audit. Each Recipient and their duly authorized representatives shall have access to a Provider's books, documents, notes, reports, papers, and records which are directly pertinent to this Agreement for the purposes of reviewing the accuracy of a cost bill or making a financial, maintenance, or regulatory audit. Such records shall be maintained and reimburse Provider for such rental costs. for purposes of cost reimbursement. made accessible for at least three (3) years or longer where required by law. 7 ARTICLE IX. DISPUTES Any claim arising out of or relating to this agreement shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by any Member. The parties shall share the mediator's fee and any filing fees equally. Mediation shall be held in the County of the Providing Member if a place has not been mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court of competent jurisdiction. Claims not resolved by mediation shall be decided by a court of compétent jurisdiction unless the parties mutually agree otherwise. ARTICLE X. LIABILITY Each Member shall be responsible for any and all claims, demand, suits, actions, damages and causes of action related to or arising out of or in any way connected with its own actions, and the actions of its personnel, in providing mutual aid and assistance rendered or performed pursuant to the terms and conditions of this Agreement. ARTICLE XI. INDEMNIFICATION To the extent permitted by applicable law, in the event of a liability, claim, demand, action, or proceeding of whatever kind or nature arises out of a specified Period of Assistance, the Members who receive and provide assistance during said Period of Assistance shall indemnify and hold harmless those other Members, NCWaterWARN Committee and Sponsor Agencies which had no involvement with the transaction or occurrence that is the subject of the aforementioned claim, action, demand, or other proceeding of whatever kind or nature is limited to execution of this Agreement. ARTICLE. XII. WORKERS' COMPENSATION CLAIMS Recipient shall not be responsible for reimbursing any amounts paid or due as benefits to Provider's employees under the terms of the North Carolina Workers' Compensation Act, Chapter 97 of the General Statues, due to personal injury or death occurring during the period oft time such employees are engaged in the rendering of aid and assistance under this Agreement. Itis mutually understood that Recipient and Provider shall be responsible for payment of such workers' compensation benefits only to their own respective employees. Further, it is mutually understood that Provider will be entirely responsible for the payment of workers' compensation benefits to its own respective employees pursuant to G.S. 97-51. 8 ARTICLE XIII. NOTICE AI Member who becomes aware of a claim or suit that in any way, directly ori indirectly, contingently or otherwise, affects or might affect other Members of this Agreement shall provide prompt and timely notice to the Members who may be affected by the suit or claim. Each Member reserves the right to participate in the defense of such claims or suits as necessary to protect its own interests. ARTICLE XIV. CONFIDENTIAL INFORMATION Pursuant to NCGS 132-1.7, and to the extent permitted by applicable law, any Member shall maintain in the strictest confidence and shall take all reasonable steps necessary to prevent the disclosure of any confidential information shared between Members under this Agreement. Ifany Member, third party, or other entity requests or demands, by subpoena or otherwise, that a Member disclose any confidential information disclosed under this Agreement, the Member shall immediately notify the owner of the confidential information and shall take all reasonable steps necessary to prevent the disclosure of any confidential information. ARTICLE XV. EFFECTIVE DATE This Agreement shall be effective after both the Water and/or Wastewater Utility's authorized representative executes the Agreement and presents proof of dual membership with North Carolina Rural Water Association (NCRWA). An executed copy will be provided to the NCWaterWARN Committee Chair as soon as possible. ARTICLE. XVI. WITHDRAWAL A Member may withdraw from this Agreement by providing written notice of its intent to withdraw to NCWaterWARN Committee Chair. Withdrawal takes effect sixty (60 days after the Membership may be suspended or revoked by the NCWaterWARN Committee for failure to NCWaterWARN Committee Chair receives notice. comply with the Articles of this Agreement. 9 ARTICLE. XVII. MODIFICATION Modifications to this Agreement may be made to incorporate programmatic operational changes to support the Agreement. Modifications require a two-thirds majority vote of Members. The NCWaterWARN Committee Chair must provide written notice to all Members of proposed modifications to this Agreement sixty (60) days in advance of the vote. The NCWaterWARN Committee Chair must provide written notice to all members of approved modifications to this Agreement. Approved modifications take effect sixty (60) days after the date upon which notice No provision of this Agreement may be modified, altered, or rescinded by individual parties to of the approved modifications are sent to the Members. the Agreement. ARTICLE XVIII. SEVERABILITY The Members agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. ARTICLEXIX, PRIOR AGREEMENTS This Agreement supersedes all prior Agreements between Members to the extent that such prior Agreements are inconsistent with this Agreement. ARTICLE XX. MULTIPLE AGREEMENTS When multiple mutual aid and assistance agreements exist between two Members, if inconsistencies exist between the agreements, the conditions of this Agreement take precedence except by mutual written acceptance of an alternate agreement of both Members for that specific event. ARTICLE XXI. PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES This Agreement is for the sole benefit of the Members and no person or entity must have any rights under this Agreement as a third-party beneficiary. Assignments of benefits and delegations of duties created by this Agreement are prohibited and must be without effect. 10 ARTICLE XXII. INTRASTATE AND INTERSTATE MUTUAL AIDAND ASSISTANCE PROGRAMS To the extent practicable, Members of this Agreement shall participate in Mutual Aid and Assistance activities conducted under the North Carolina Statewide Mutual Aid and Assistance Agreement and the Interstate Emergency Management Assistance Compact (EMAC). Members may voluntarily agree to participate in an interstate Mutual Aid and Assistance Program for water and wastewater utilities through this Agreement if such a Program were established. Now, therefore, in consideration of the covenants and obligations set forth in this Agreement, the Water and Wastewater Utility listed here manifests its intent to be a Member of the Intrastate Mutual Aid and Assistance Program for Water and Wastewater Utilities by executing this Agreement on this day of year of Legal Name of Water/Wastewater Utility: Authorized Representative Title Please Print Name 11 LGC-205 Amendment AMENDMENT TO CONTRACT TO AUDIT ACCOUNTS Rev. 11/2023 Whereas Primary Government Unit Town of Boonville N/A Auditor and and Discretely Presented Component Unit (DPCU) (ifa applicable) Gibson & Company, P.A. Fiscal Year Ending 06/30/24 entered into a contract in which the Auditor agreed to audit the accounts of the Primary Government Unit and DPCU (if applicable) Date for and originally to be submitted to the LGC on 10/31/24 hereby agree that it is now necessary that the contract ber modified as follows. Original date 10/31/24 Original fee Modified date 12/31/24 Modified fee - Modification to date submitted to LGC Modification to fee Primary Other (choose 1)(choose 0-2) 0 O O 0 O o O O O O O O O O Reason(s) for Contract Amendment Change in scope Issue with unit stafflumoyermoroad Issue with auditor staff/turnover/workload Third-party financial statements not prepared by agreed-upon date Unit did not have bank reconciliations complete for the audit period Unit did not have reconciliations between subsidiary ledgers and general ledger complete Unit did not post previous years adjusting journal entries resulting in incorrect beginning Unit did not have information required for audit complete by the agreed-upon time balances in the general ledger Delay in component unit reports Software implementation issue Software - system failure Software - ansomwarel/peratack Natural or other disaster Other (please explain) Plan to Prevent Future Late Submissions Ift the amendment is submitted tor modify the date the audit will be submitted to the LGC, please indicate the steps the unit and auditor will take to prevent late filing of audits in subsequent years. Audits are due to the LGC four months after fiscal year end. Indicate NAI ift this is an amendment due to a change in cost only. Third party will work to get financial statements done on time in the future. Additional Information Please provide any additional explanation or details regarding the contract modification. N/A By their signatures on the following pages, the Auditor, the Primary Government Unit, and the DPCU (if applicable), agree to these modified terms. Page 1of3 LGC-205 Amended AMENDMENT TO CONTRACT TO AUDIT ACCOUNTS Rev. 11/2023 SIGNATURE PAGE AUDIT FIRM Audit Firm* Gibson & Company, P.A. Monty R. Pendry Date* Authorized Firm Representative" (typed orp printed) Signatyre" Email Miulody Address monty@gipcocpa.com 11-1-24 GOVERNMENTAL UNIT Governmental Unit* Town of Boonville Date Primary Government Unit Governing Board Approved Amended Audit Contract* (Ifrequired by governing board policy) Mayor/Chalirperson" (typed or printed) Vaughn Benton, Mayor Date Signature* Email Address vaughn.benton@boonvllenc.com Chair of Audit Committee (typed or printed, or" "NA") Signature N/A Date Email Address GOVERNMENTAL UNIT - PRE-AUDIT CERTIFICATE (Pre-audit certificate not required for hospitals) Required by G.S. 159-28(a1) or G.S. 115C-441(a1) *ONLY REQUIRED IF FEES ARE MODIFIED IN THE AMENDED CONTRACT* This instrument. has been pre-audited in the manner required by The Local Government Budget and Fiscal Control Act or by the School Budget and Fiscal Control Act. Primary Governmental Unit Finance Officer* Signature* Date of Pre-Audit Certificate* Email Address* Page 2of3 LGC-205 Amended AMENDMENT TO CONTRACT TO AUDIT ACCOUNTS Rev. 11/2022 SIGNATURE PAGE - DPCU (complete only if applicable) DISCRETELY PRESENTED COMPONENT UNIT DPCU N/A Date DPCU Governing Board Approved Amended Audit Contract (ifrequiredb by governing board policy) DPCU Chairperson (typed or printed) Signature Email Address Date Chair of Audit Committee (typed or printed, or "NA") Signature Date Email Address DPCU - PRE-AUDIT CERTIFICATE (Pre-audit certificate not required for hospitals) Required by G.S. 159-28(a1) or G.S. 115C-441(a1) *ONLY REQUIRED IF FEES ARE MODIFIED IN THE AMENDED CONTRACT* This instrument. has been pre-audited in the manner. required by The Local Government Budget and Fiscal Control Act or by the School Budget and Fiscal Control Act. DPCU Finance Officer (typed or printed) Date of Pre-Audit Certificate Signature Email Address Page 3of3