AGENDA Indian Trail Town Council Regular Meeting Tuesday, April 25

MAYOR TOWN COUNCIL

Michael L Alvarez Gordon B. Daniels

MAYOR PRO TEM Gary M. Savoie David L. Cohn Shirley Howe TOWN MANAGER Jim Wojtowicz, Interim Town Mark A. Wireman Manager

Indian Trail Town Council

Regular Meeting Tuesday, April 25, 2017 Civic Building—6:30 PM

AGENDA

1. CALL MEETING TO ORDER & PLEDGE OF ALLEGIANCE

2. MOMENT OF SILENCE

3. AGENDA ADDITIONS & DELETIONS Action

4. MOTION TO APPROVE AGENDA Action

5. PRESENTATIONS a) Transportation Capital Improvement Projects (CM Savoie & Mr. Sadek) b) Poplin Road / Bonterra Blvd. Proposed Circle (Mayor Pro Tem Cohn & Mr. Sadek) c) Presentation on Marcy’s Law for Victim’s Rights (Justin Rice & Mayor Alvarez)

6. PUBLIC COMMENTS

7. LAW ENFORCEMENT UPDATE

8. CONSENT AGENDA Action a) Month End Tax Report – March 2017 b) Approval of Recommended Streets for FY17-18 Resurfacing Contract c) Adoption of Annadale Subdivision Streets to Town-Maintained Roadways d) Hawfield Road MOU- Heritage Subdivision (Assuming a small section of Wesley Chapel Road for maintenance.) e) Voluntary Annexation #146 (CZ-2016-009 Steepleton) i. Approval of Certificate of Sufficiency ii. Approval of Resolution Fixing Public Hearing Date f) Adoption of Supplemental Resolution regarding Records Retention and Disposition Schedule g) Adoption of Resolution to Celebrate Arbor Day on April 22, 2017 h) Adoption of Proclamation – Marcy’s Law i) Adoption Ordinance enacting a Code of Ordinances for the Town of Indian Trail (Allows for Revising, Amending, Restating, Codifying and Compiling Certain Existing General Ordinances dealing with subjects embraced in such Code of Ordinances).

j) Adoption of June 13, 2016 Regular Meetings Minutes k) Adoption of June 28, 2016 Regular Meetings Minutes

9. PUBLIC HEARINGS None Action

10. OLD BUSINESS a) US Hwy. 74 Multi-use Trail funds to Chestnut Parkway (Mr. Sadek) b) Storm Drainage Project – Cottage Creek Rd. – Traewyck Subdivision (Mr. Sadek) c) Sardis Church Rd & Unionville-Indian Trail Road Round-about (Mr. Sadek) d) Solid Waste Contact Award – (Mr. Burhans) i. Indian Trail Solid Waste Contract - GBUSA Waste Connections ii. Indian Trail Solid Waste Contract - /Waste Pro

11. NEW BUSINESS Action a) Consideration to Repeal the current Public Information Request Policy and reinstate the previous policy (CM Daniels) i. Policy Adopted 11-9-11 ii. Policy Adopted 9-27-16 b) Consideration to give direction to the Interim Town Manager to not have a tax increase in FY17-18 Budget (CM Daniels) c) Appointment of Town Council MPO (CRTPO) Delegate (CM Daniels) Action

12. DISCUSSION ITEMS a) How to honor past, current and future Town Council members in the new Town Hall (CM Daniels)

13. CLOSED SESSION

14. UPDATES a) Manager’s Update: Jim Wojtowicz, Interim Town Manager

15. COUNCIL COMMENTS

16. ADJOURN Action

Town of Indian Trail

Memo

TO: Mayor and Town Council

FROM: Alicia Massey

CC: Jim Wojtowicz

DATE: April 25, 2017

SUBJECT: Month End March 2017

According to GS 105-350(7) it is the duty of the tax collector to submit to the governing body at each of its regular meetings a report of the amount he/she has collected on each year’s taxes with which he is charged, the amount remaining uncollected, and the steps he/she is taking to encourage or enforce payment of uncollected taxes.

Attached is the month end report for March 2017 collections. The tax department is using all collection remedies as provided by general statute to collect delinquent taxes including but not limited to garnishments, attachments and NC Debt Setoff.

Percent Collected through 4/17/2017: 99.33%

PO Box 2430 • 130 Blythe Drive • Indian Trail • North Carolina • 28079 • (704) 821-5401• Fax (704) 821-9045

April 17, 2017 TOWN OF INDIAN TRAIL Page No: 7 04:00 PM Property Tax Transaction Inquiry Totals Page

------Principal ------Description Count Arrears/Other 2016 2017 Future Penalty Total

Changes 54126

Billing 33024 2,355.29 7,398,640.08 0.00 0.00 7,400,995.37

Deductions 0 0.00 0.00 0.00 0.00 0.00

Payments 31725 90,991.86- 7,349,634.97- 0.00 0.00 9,919.63- 7,450,546.46-

Reversals 29 10.18 9,137.86 0.00 0.00 76.58 9,224.62

Adjustments 2237 62.14 3,489.59- 0.00 0.00 2,277.23- 5,704.68-

Apply Over 0 0.00 0.00 0.00 0.00 0.00 0.00

Rev Appl Ovr 0 0.00 0.00 0.00 0.00 0.00 0.00

Ref Overpay 152 47,501.00 0.00 0.00 0.00 0.00 47,501.00

Cncl Overpay 32 7.90 0.00 0.00 0.00 0.00 7.90

Penalty 20420 14,056.77 14,056.77 Totals 141745 41,055.35- 54,653.38 0.00 0.00 1,936.49 15,534.52 Town of Indian Trail

Memo

TO: Mayor and Town Council

FROM: Patrick Sadek, P.E. Director of Development Services Division

DATE: 04/14/2017

SUBJECT: Recommended FY 16-17 Street Resurfacing List

General Information:

The proposed FY 16-17 Street Resurfacing Contract will provide asphalt repair and resurfacing to proposed list below. This contract will be advertised according to North Carolina G.S. 143-129 and awarded to the lowest responsive and responsible bidder.

Recommendation:

The following is a list of streets recommended for resurfacing in FY 16-17:

1. Grover Moore 1378 22. Treeside 336 2. Shumard 1698 23. Fripp 1278 3. Shortcut 443 24. Waters Reach 590 4. Courtfield 861 25. Spring Fancy 411 5. Maple Leaf 705 26. Blackfoot 344 6. Beacon Hills 160 27. Pine Lake 696 7. Harvest Red 424 28. Sandbox 530 8. Kennerly 1780 29. Braxton 399 9. Spring Fancy 710 30. Second 1546 10. Harvest Red 375 31. Corrona 748 11. Crowell 455 32. Briarmore 338 12. Spanish Moss 1567 33. French Scout 275 13. Arrow 544 34. Brook Valley 868 14. Council Fire 1081 35. Colton Ridge 735 15. Bradberry 149 36. Sunnyside 430 16. Elmsworth 203 37. Aringill 363 17. Revelwood 859 38. Aylesbury 350 18. Arrow 442 39. Foster 255 19. Cadberry 483 40. Carlisle 223 20. Magna 294 41. Faith Church 1077 21. Sunnyside 1641 42. Oak Ally 1038

Total Footage = 34,798' (6.6 mi)

These streets were selected based on the 2015 Pavement Condition Rating Study.

PO Box 2430 . 130 Blythe Drive . Indian Trail . North Carolina . 28079 . (704) 821-1314 . Fax (704) 821-1381

Staff recommends the list of streets for resurfacing in FY 16-17

If approved, staff will finalize a contract, advertise for bids, and present bid results to Council for consideration.

Required Actions:

Council Approval of the streets recommended for resurfacing in FY 16-17

Attachments:

1. Resurfacing Area Map

PO Box 2430 . 130 Blythe Drive . Indian Trail . North Carolina . 28079 . (704) 821-1314 . Fax (704) 821-1381

Town of Indian Trail

Memo

TO: Mayor and Town Council

FROM: Patrick Sadek, P.E. Director of Development Services

DATE: 04/14/2017

SUBJECT: Annandale Subdivision Street Acceptance

General Information:

Annandale Developer has informed Town Engineering that the subdivision streets are ready for acceptance. Town Engineering Staff have examined the streets and requested certain repairs. The developer has completed the repairs, staff has evaluated and approved the repairs, and is ready to accept and release of any bonds.

Below is a list of street names including segment length in miles/feet and attached is a map showing location of each street segment.

Street Name Miles Dubarton Rd. 0.05 Emerson Ln. 0.01 Loudon Rd. 0.08 Potomac Rd. 0.15 Sedgewick Rd. 0.38 Terrapin St. 0.28 Total 0.95

Required Actions:

1. Approval to accept the streets and release any performance and maintenance bonds.

Attachments:

1. Map

PO Box 2430 . 130 Blythe Drive . Indian Trail . North Carolina . 28079 . (704) 821-1314 . Fax (704) 821-1381

Planning & Neighborhood Services PO Box 2430, Indian Trail, NC 28079 704 821-5401 Memo To: Mayor and Town Council

From: Gretchen Coperine, AICP, Sr. Planner

Date: April 13, 2017

Re: Memorandum of Understanding (Heritage East/West Connector)

The Indian Trail Town Council on October 25, 2016 approved Conditional Rezone CZ2016- 005 for the Heritage (formerly Hawfield) subdivision, which is partly in the Town of Indian Trail and partly in the Village of Wesley Chapel.

The attached Memorandum of Understanding (MOU) is to establish that the Town of Indian Trail will maintain the main roadway which runs east/west through the community, also known as the East/West Connector, including a small portion within the Village of Wesley Chapel.

This MOU will be followed in the future with an Interlocal Agreement between the two municipalities, which will more specifically setforth the understandings of the parties and that will authorize the Town of Indian Trail to manage, control, permit, and otherwise regulate all aspects of construction, maintenance, oversight, and regulation of the East-West Connector.

Required Action by Council: Motion to Approve or Deny the MOU.

Attachment 1- Memorandum of Understanding with Exhibits

TOWN COUNCIL ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING

For the Maintenance of the East-West Connector in the Village of Wesley Chapel, NC

WHEREAS, the Heritage development is located within the corporate limits of the Village of Wesley Chapel and the Town of Indian Trail; and,

WHEREAS, the Wesley Chapel Village Council approved conditional zoning for the Heritage development on November 14, 2016 and the Indian Trail Town Council gave similar approval to this development on October 25, 2016; and,

WHEREAS, the site plan approved by the Village of Wesley Chapel and the Town of Indian Trail for the Heritage development is attached as Exhibit “A”;

WHEREAS, the maintenance on the existing Hawfield Road will be abandoned by North Carolina Department of Transportation (NCDOT) and the process for abolishing the public roadway will be commenced if so petitioned by the developer (i.e., Kolter) its successors or assigns; and

WHEREAS, there is one road planned within the development that is located within the Village of Wesley Chapel and the Town of Indian Trail. Said road begins at its intersection with Wesley Chapel Road in Indian Trail and extends for the entire width of the development and is shown on Exhibit “B” attached hereto. Said road shall hereinafter be referenced as the “East-West Connector”; and,

WHEREAS, the majority of this road is located within the corporate limits of Indian Trail, with approximately four-hundred (400) linear feet of the East-West Connector located within the corporate limits of Wesley Chapel; and,

WHEREAS, Wesley Chapel and Indian Trail have agreed that all portions of the East- West Connector are to be built to the Town of Indian Trail’s road standards and, upon completion shall be managed, controlled, and maintained by the Town of Indian Trail.

NOW THEREFORE BE IT RESOLVED, that the Village of Wesley Chapel and the Town of Indian Trail will enter into an interlocal agreement to more specifically setforth the understandings of the parties and that will authorize the Town of Indian Trail to manage, control, permit, and otherwise regulate all aspects of construction, MEMORANDUM OF UNDERSTANDING VILLAGE OF WESLEY CHAPEL AND TOWN OF INDIAN TRAIL PAGE 2 OF 2 ______maintenance, oversight, and regulation of the East-West Connector as if the road were in fact located within the corporate limits of Indian Trail.

Adopted this ______day of ______, 2017.

Village of Wesley Chapel:

______David Kapfhammer, Mayor

______Attest: Cheryl Bennett, Clerk ______

Adopted this ______day of ______, 2017.

Town of Indian Trail

______Michael L. Alvarez, Mayor

______Attest: Kathy Queen, Clerk

HERITAGE KOLTER LAND PARTNERS

x S

S SITE SUMMARY PRIMARY BUYER COMMUNITY ACTIVE ADULT COMMUNITY Project No.

S SUBTOTAL SUBTOTAL 61' TRADITIONAL (50' X 60' PAD): 68' PATIO (52' X 70' PAD): 63' PATIO (52' X 70' PAD): 58' PATIO (42' X 70' PAD): 53' PATIO (42' x 70' PAD): TOTAL: TOTAL ACTIVE ADULT: 4276.02 SCHEMATIC SITE PLAN Issued 08.25.16 (AGE-RESTRICTED) 0 SCALE: 100' 435 LOTS 1"=200' 200' 102 167 116 166 76 333 98 43 400'

N HERITAGE KOLTER LAND PARTNERS

x S

S SITE SUMMARY PRIMARY BUYER COMMUNITY ACTIVE ADULT COMMUNITY Project No.

CERTIFICATE OF SUFFICIENCY ANNEXATION PETITION #146 FOR PARCELS M7090014 and N7090014

To the Town Council of the Town of Indian Trail, North Carolina:

I, Kathy Queen, Town Clerk, do hereby certify that I have investigated the petition attached hereto and have found as a fact that said petition is signed by all owners of real property lying in the area described therein, in accordance with G.S. 160A-31.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Town of Indian Trail, North Carolina, this the 25th day of April, 2017.

______Kathy Queen, Town Clerk

STATE OF NORTH CAROLINA) ) RESOLUTION # TOWN OF INDIAN TRAIL )

RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION # 146 for Parcels #M7090014 and N7090014) PURSUANT TO G.S. 160A-31

WHEREAS, petition requesting annexation of the areas described herein have been received; and

WHEREAS, the Town Council has by resolution directed the Town Clerk to investigate the sufficiency of the petition; and

WHEREAS, certification by the Town Clerk as to the sufficiency of the petition has been made;

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Indian Trail, North Carolina that:

Section 1. A public hearing on the question of annexation of the area described herein will be held at Town of Indian Trail Civic Building at 6:30 P.M. on the 9th day of May, 2017.

Section 2. The area proposed for annexation is described as follows:

Parcel# M7090014 and Parcel# N7090014 (Tract 2) Approximately 14.536 Acres off Old Monroe Road

All that certain parcel or lot lying and being situated in the State of North Carolina, Union County, and being more particularly described as follows:

Commencing at a found #6 rebar on the westerly margin of Old Charlotte Highway (aka Old Monroe Highway), and being in the southerly margin of a 30 foot driveway easement, said point also being the point of beginning of Tract 1, and thence running the following five (5) calls: 1)S72º07'32"W, 359.69 feet to a point, 2) S72º07'32W, 206.13 feet to a found #4 rebar, 3) S11º52'07"W, 300.61 feet to a found #6 rebar, 4) S11º52'07"W, 171.14 feet to an existing 1 inch iron pipe, & 5) S11º58'41"W, 92.41 feet to an existing 1 inch iron pipe, said point being the common corner of properties of Frederick S.J. & Wanda P. McGee (Deed Book 295, Page 83), Louis Kirt LaFave (Deed Book 5375, Page 863) and of Tract 3, said point being the Point Of Beginning; thence with the line of Tract 3 the following four (4) calls: 1) S57º28'44"W, 350.26 to an existing 2 inch bent iron pipe, 2) S68º50'56"W, 204.73 feet to an iron pin set, 3) S66º08'04"E, 359.83 feet to a found #6 rebar, & 4) S15º32'32"W, 903.22 feet to a found #4 rebar in the line of Lot 3 of the Spanish Moss at Brandon Oaks subdivision (Plat Cabinet J, File 186); thence with the line of Lot 3, N74º27'10"W, 293.87 feet to a found #4 rebar in the lot line of Lot 53 of the Rosewater at Brandon Oaks subdivision (Plat Cabinet I, File 197; thence with the lot line of Lots 53 through 47 of the Rosewater at Brandon Oaks subdivision, property of Brandon Oaks Community Association, Inc. (Deed Book 4414, page 532) property of Pace/Dowd Properties, LTD, (Plat Cabinets G, File 841 & J, File 273), and property of Brandon Oaks Community Association, Inc. (Deed Book 3457, Page 39), N34º04'23"W, 815.99 feet to a found #4 rebar, being the corner of property of Christina Besseas (File W16E, page 0220); thence with the line of Besseas, N42º29'15"E, 395.38 feet to a found #6 rebar, being the corner of property of Eulalio Pacheco Mendez (Deed Book 6390, Page 273); thence with the line of Mendez the following five (5) calls: 1) S65º09'08"E, 327.60 feet to a found #4 rebar, 2) N24º48'55"E, 118.63 feet to a found #4 rebar, 3) N57º53'44"E, 52.61 feet to a found #4 rebar, N74º26'41"E, 139.83 feet to a found #4 rebar, & 5) N56º52'00"E, 93.34 feet to a found #6 rebar, being the corner of property of Betsy M. Mitchell (Deed Book 4386, Page 733); thence with the line of Mitchell, N57º47'54"E, 289.78 feet to a found #6 rebar in the line of property of Louis Kirt LaFave; thence with the line of LaFave, S67º57'05"E, 24.52 feet to the Point of Beginning, containing 14.5369 acres, more or less.

Section 3. Notice of the public hearing shall be published in a newspaper having general circulation in the Town of Indian Trail, North Carolina, at least ten (10) days prior to the date of the public hearing.

______Michael L. Alvarez, Mayor

ATTEST:

______Kathy Queen, Town Clerk

SUPPLEMENTAL RESOLUTION REGARDING THE RECORDS RETENTION AND DISPOSITION SCHEDULE

Adopted 4-25-2017

WHEREAS, “public record” means any document, paper, map, book, photograph, film, sound, recording, magnetic or other tape, electronic data-processing record, artifact, or other documentary material, despite physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivision; and

WHEREAS, without a retention program public records can accumulate, causing the need for additional storage space; and

WHEREAS, the Retention and Disposition Schedule is a proper way to retain and dispose of records in accordance with NCGS 132-3 and NCGS 121-5(b); and

WHEREAS, the Municipal Records Retention and Disposition Schedule has been updated, complied and produced by the North Carolina Department of Cultural Resources; and

WHEREAS, the Town of Indian Trail currently uses this system, last issued September 10, 2012; and

WHEREAS, the Town of Indian Trail wishes to continue to operate under the Retention and Disposition Schedule and expressly authorize the Town Clerk to destroy public records as set forth therein and maintain records final disposition logs permanently; and

WHEREAS, the Town of Indian Trail hereby agrees that it will establish and enforce internal policies setting minimum retention periods for the records that Cultural Resources has scheduled with the disposition instruction "destroy when administrative value ends."

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of Indian Trail accepts the three (3) Amendments to the September 10, 2012 Municipal Records Retention and Disposition Scheduled issued by the North Carolina Department of Cultural Resources dated August 29, 2013, January 5, 2015, and October 2, 2016.

FURTHERMORE, the Town Council of Indian Trail ratifies and confirms approval of the Retention and Disposition Schedule, along with any amendments thereto, and authorizes the Town Clerk to destroy public records as set forth therein and maintain records final disposition logs permanently.

FURTHERMORE, the Town of Indian Trail and the Department of Cultural Resources agree that certain records series possess only brief administrative, fiscal, legal, research, and reference value. These records series have been designated by retention periods which allow these records to be destroyed when "administrative value ends." Retention for these records shall be one year past the end of their administrative value.

Duly adopted this 25th Day of April, 2017.

______Michael L. Alvarez, Mayor

______Kathy L. Queen, Town Clerk

STANDARD-6. EMERGENCY SERVICES AND FIRE DEPARTMENT RECORDS Official records explaining the authority, operating philosophy, proposed methods, and primary functions of municipal emergency services programs and municipal fire departments.

STANDARD-6: EMERGENCY SERVICES AND FIRE DEPARTMENT RECORDS ITEM # RECORD SERIES TITLE DISPOSITION INSTRUCTIONS CITATION 1. 911 COMMUNICATION RECORDS Destroy in office after 3 years, if not made part of a case file.* Comply with applicable Printouts of 911 calls received and computer-aided provisions of GS §132- dispatch (CAD) reports. Reports may list time and 1.4 (i), and GS §132-1.5. date of call, contents of call, location of call, name of unit dispatched and other related information.

2. 911 FILE Destroy in office after 5 years. Information regarding the implementation, training, and operations of the 911 system.

3. 911 RECORDINGS Destroy in office after 30 days, if not made part of a case file.* Comply with applicable Tapes, digital recordings, and text messages generated provisions of GS §132- by 911 calls 1.4(i).

4. ACCIDENT FILE Destroy in office 3 years after resolution.* Records concerning personnel and municipally owned property damage.

5. ACTIVITY REPORTS Destroy in office after 3 years. Reports on an individual, shift, project and other basis submitted on a daily, weekly, or other basis.

14. DAILY LOG Destroy in office after 1 year. Log, journal, blotter or similar record showing activities of a fire department or emergency services.

15. DISASTER AND EMERGENCY MANAGEMENT PLANS a) If an element of the Comprehensive Plan, destroy in office Comply with applicable Records concerning preparedness, evacuations, and when administrative value ends.† provisions of G.S. §132- operations in the event of a disaster (natural, Agency Policy: Destroy in office after ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ ͟ 1.7 regarding the accidental, or malicious). Includes but not limited to confidentiality of official copy of comprehensive plan and all b) If not an element of the Comprehensive Plan, destroy in security records. background surveys, studies, reports, and draft office when superseded or obsolete. versions of plans. c) Destroy in office background surveys, studies, reports, and See alsoKDWZ,E^/sW>Eitem 19, page 4. drafts 3 years after adoption of plan or when superseded or obsolete, whichever comes first. 16. DISPATCH FILE Destroy in office when superseded or obsolete. Records relating to fire dispatch zones. May include maps of fire dispatch zones, census tract information, annexation research, street closings, and other related material.

17. DISPATCH RECORDINGS Destroy in office after 30 days, if not made part of a case file.* Comply with applicable Recordings made of activities during an emergency provisions of GS §132- services dispatch. 1.4(i), and GS§132-1.5.

18. EMERGENCY NOTIFICATIONS Destroy in office when superseded or obsolete. Comply with applicable Records of emergency notifications. Includes provisions of GS §132- automatic identification information, such as the 1.4 (i), and GS §132-1.5. name, address, and telephone numbers of telephone subscribers, or the e-mail addresses of subscribers to an electronic emergency notification or reverse 911 system.

*See AUDITS, LITIGATION, AND OTHER OFFICIAL ACTIONS, page vi. † See signature page. The agency hereby agrees that it will establish and enforce internal policies setting minimum retention periods for the records that Cultural Resources has scheduled with the disposition instruction “destroy when administrative value ends.” Please use the space provided. 43 STANDARD-9: LAW ENFORCEMENT RECORDS ITEM # RECORD SERIES TITLE DISPOSITION INSTRUCTIONS CITATION 134. WORK RELEASE EARNINGS REPORTS Destroy in office after 3 years.* G.S. §148-32.1 Inmates’ work release earnings reports submitted either to the N.C. Department of Corrections or the Clerk of Superior Court.

135. WRECKER SERVICE RECORDS a) Destroy in office after 1 year if not made part of a case file. Records concerning wrecker requests or calls. May include lists of wrecker company’s towing and storage b) If record is made part of a case file follow disposition rates, rotation lists, notification records when vehicles instructions for CASE HISTORY FILE: FELONIES item 17, are towed from private property, and other related page 64; or CASE HISTORY FILE: MISDEMEANORS item 18, records. page 64.

136. LAW ENFORCEMENT AUDIO AND VIDEO RECORDINGS a) Destroy in office after 30 days if not made part of a case Comply with applicable Tapes and digital recordings generated by mobile and file.* provisions of G.S. § 132- fixed audio and video recording devices. 1.4A b) If records are made part of a case file follow disposition Does not include ELECTRONIC/VIDEO RECORDINGS instructions for CASE HISTORY FILE: FELONIES item 17, OF INTERROGATIONS (HOMICIDE) item 44, page 71. page 64; or CASE HISTORY FILE: MISDEMEANORS item 18, page 64. See also MOBILE UNIT VIDEO TAPES item 81, page 80.

*See AUDITS, LITIGATION, AND OTHER OFFICIAL ACTIONS, page vi. † See signature page. The agency hereby agrees that it will establish and enforce internal policies setting minimum retention periods for the records that Cultural Resources has scheduled with the disposition instruction “destroy when administrative value ends.” Please use the space provided. 90 ______Superseded October 1, 2016 STANDARD-12. PERSONNEL RECORDS ITEM # RECORD SERIES TITLE DISPOSITION INSTRUCTIONS CITATION 18. EMPLOYEE EDUCATIONAL ASSISTANCE PROGRAM Destroy in office 3 years after completion, denial, repayment, RECORDS or removal from program.* Includes records requesting tuition assistance, repayments, and other related records.

See also PERSONNEL RECORDS (OFFICIAL COPY) item 47, page 112.

19. EMPLOYEE ELIGIBILITY RECORDS Mandatory retention throughout the duration of an individual’s 8 USC 1324a(b)(3) Includes the United States Immigration and employment. After separation, destroy records in office 3 Naturalization Services, Employment Eligibility years from date of hire or 1 year from separation, whichever Verification (I-9) forms. occurs later.

20. EMPLOYEE EXIT INTERVIEW RECORDS Destroy in office after 1 year.

See also PERSONNEL RECORDS (OFFICIAL COPY) item 47, page 112.

21. EMPLOYEE HEALTH CERTIFICATES a) Transfer records as applicable to PERSONNEL RECORDS Includes health or physical examination reports, or (OFFICIAL COPY) item 47, page 112. certificates created in accordance with Title VII and the Americans with Disabilities Act (ADA). b) Destroy in office all other records 2 years after resolution of all actions.

28. DEPOSITS a) Destroy in office official/audit copies after 3 years.* G.S. § 159-32

b) Destroy in office remaining records after 1 year.

29. DETAIL REPORT FILE (FINANCIAL RECORDS FOR a) Destroy in office annual reports after 3 years.* GENERAL FUND OR GENERAL LEDGER) b) Destroy in office all other reports after 1 year.

30. DIRECT DEPOSIT APPLICATIONS/AUTHORIZATIONS Destroy in office when superseded or obsolete. Comply with applicable Includes related records such as bank account confidentiality numbers and routing numbers. provisions of G.S. §132-1.10(b)(5) regarding personal identifying information.

31. DISTRICT INVESTMENT RECORDS Destroy in office after 3 years.*

32. ESCHEAT AND UNCLAIMED PROPERTY FILE a) Destroy in office after 10 years if report was filed prior to Comply with applicable July 16, 2012.* provisions of G.S. §116B-60 and §116B- b) Destroy in office after 5 years if report was filed after July 73. 16, 2012.*

33. EXPENDITURE REPORTS Destroy in office after 3 years.*

34. FACILITY SERVICE AND MAINTENANCE AGREEMENTS a) Destroy in office depreciation schedules 3 years after asset is fully depreciated or disposed. See also GRANTS: FINANCIAL item 36, page 30. b) Destroy in office remaining records after 3 years.*

*See AUDITS, LITIGATION, AND OTHER OFFICIAL ACTIONS, page vi. † See signature page. The agency hereby agrees that it will establish and enforce internal policies setting minimum retention periods for the records that Cultural Resources has scheduled with the disposition instruction “destroy when administrative value ends.” Please use the space provided. 29 STANDARD-12. PERSONNEL RECORDS ITEM # RECORD SERIES TITLE DISPOSITION INSTRUCTIONS CITATION 1. ABOLISHED POSITION FILE Destroy in office when administrative value ends.† Agency Policy: Destroy in office ĂĨƚĞƌ຋຋຋຋຋຋຋຋຋຋຋຋຋຋ ຋຋຋຋຋຋ ຋຋຋຋຋຋ ຋຋຋຋຋ ຋຋຋຋຋ ຋

1-A. ACCREDITATION RECORDS Destroy in office 1 year after accreditation is obtained, Records concerning compliance with those standards renewed, or no longer valid.* outlined by professional accreditation programs.

2. ADDRESS FILE Destroy in office when superseded or obsolete.

3. ADS AND NOTICES OF OVERTIME, PROMOTION, AND Destroy in office 1 year from date record was made. 29 CFR 1627.3 TRAINING OPPORTUNITIES

4. AFFIRMATIVE ACTION FILE a) Destroy in office all reports, analyses, and statistical data 29 CFR 30.8(b)(e) after 5 years. 29 CFR 1608.4

b) Destroy in office affirmative action plans 5 years from date superseded.

5. APPRENTICESHIP PROGRAM RECORDS Destroy in office 5 years from the date of enrollment. 29 CFR 30.8(e)

6. APTITUDE AND SKILLS TESTING RECORDS a) Destroy in office applicant and employee test papers 2 29 CFR 1602.31 Records concerning aptitude and skills tests required years from date record was created. 29 CFR 1602.40 of job applicants or of current employees to qualify for 29 CFR 1602.49 promotion or transfer. May include civil service b) Destroy in office validation studies and copies of tests 2 examinations. years after no longer in use.

See also DW>KzDEd^>d/KEZKZ^ item 32, c) Destroy in office records relating to the planning and page 109. administration of tests in office after 2 years.

36. FAMILY MEDICAL LEAVE ACT (FMLA) RECORDS Item discontinued. See LEAVE FILE, item 42, page 111. Records concerning leave taken, premium payments, employer notice, medical examinations considered in connection with personnel action, disputes with employees over FMLA and other related records.

37. FRINGE BENEFITS FILE Destroy in office when administrative value ends.† Agency Policy: Destroy in office ĂĨƚĞƌ຋຋຋຋຋຋຋຋຋຋຋຋຋຋ ຋຋຋຋຋຋ ຋຋຋຋຋຋ ຋຋຋຋຋ ຋຋຋຋຋ ຋

38. GRIEVANCE FILE Destroy in office after 2 years. Includes initial complaint, investigations, actions, summary, and disposition. May include disciplinary correspondence, including email.

See also DISCIPLINARY FILE item 11, page 102 and PERSONNEL RECORDS (OFFICIAL COPY) item 47, page 112.

39. HEALTH INSURANCE FILE Destroy in office after 2 years.* Completed claim forms and other records concerning employees covered by health plans.

40. INCREMENTS FILE Destroy in office when released from all audits.

41. INTERNSHIP PROGRAM FILE Destroy in office after 3 years. Records concerning interns and students.

*See AUDITS, LITIGATION, AND OTHER OFFICIAL ACTIONS, page vi. † See signature page. The agency hereby agrees that it will establish and enforce internal policies setting minimum retention periods for the records that Cultural Resources has scheduled with the disposition instruction “destroy when administrative value ends.” Please use the space provided. 110 STANDARD-12. PERSONNEL RECORDS ITEM # RECORD SERIES TITLE DISPOSITION INSTRUCTIONS CITATION 42. LEAVE FILE Destroy in office 3 years after return of employee or 29 CFR 825.110(b)(2)(i) Records concerning employee leave, including termination of employment.* 29 CFR 825.500(b) requests for and approval of sick, vacation, overtime, buy-back, shared, donated, military, etc. Includes premium payments, employer notice, medical examinations considered in connection with personnel action, disputes with employees over the Family Medical Leave Act (FMLA), and other related records.

43. LEAVE WITHOUT PAY FILE Item discontinued. See LEAVE FILE, item 42, page 111.

44. LONGEVITY PAY REQUESTS Destroy in office when released from all audits.

45. MERIT AND SENIORITY SYSTEM RECORDS a) Destroy in office employee-specific records after 3 years. 29 CFR 1627.3

b) Destroy in office system and plan records 1 year after no longer in effect.

46. PERSONNEL ACTION NOTICES a) Transfer records as applicable to PERSONNEL RECORDS Records used to create or change information in the (OFFICIAL COPY) item 47, page 112. personnel records of individual employees concerning such issues as hiring, termination, transfer, pay grade, b) Destroy in office all remaining records 2 years from date position or job title, name change and leave. record was created, received, or the personnel action involved.

RESOLUTION TO CELEBRATE ARBOR DAY ON APRIL 22, 2017

Adopted 4-25-2017

Whereas, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and

Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and

Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife; and

Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and

Whereas, trees in our Town increase property values, enhance the economic vitality of business areas, and beautify our community; and

Whereas, trees, wherever they are planted are a source of joy and spiritual renewal

Now, Therefore, I Michael L. Alvarez, Mayor of the Town of Indian Trail, do hereby proclaim April 22, 2017 as Arbor Day in the Town of Indian Trail, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and

Furthermore, I urge all citizens to plant trees to gladden the heart and promote the well- being of this and future generations.

Duly adopted this 25th Day of April, 2017. ______Michael L. Alvarez, Mayor

______Kathy L. Queen, Town Clerk

PROCLAMATION SUPPORTING HB 551/SB 595 (MARSY’S LAW)

Adopted 4-25-2017

WHEREAS, Marsy’s Law For North Carolina and advocacy organizations statewide are dedicated to guaranteeing victims’ rights and providing a voice; and

WHEREAS, Marsy’s Law For North Carolina supporters agree victims should always be treated with fairness and respect throughout the criminal justice process, protected from the defendant, reasonably heard at public proceedings regarding their case, and given a voice through the process of the case; and

WHEREAS, per the Federal Bureau of Investigation’s (FBI) most recent “Crime in the United States” report, in 2013 a total of 33,700 North Carolinians were the victim of Violent “Index Crimes” including: murder, rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft and arson; and

WHEREAS, Marsy’s Law for North Carolina will ensure that victim’s receive the same rights that are afforded to criminals and have rights to notification of release, hearings, appropriate restitution, and the right to speak at during criminal proceedings; and

WHEREAS, Victims’ Rights is a non-partisan, non-political issue, and Marsy’s Law is a common sense approach to ensuring Victims’ Rights

NOW THEREFORE, We, Town Council of Indian Trail, Indian Trail, North Carolina, do hereby proclaim

SUPPORT FOR HB 551/SB 595 (MARSY’S LAW)

In and for the Town of Indian Trail and encourage all of our citizens to join in the commitment to protect the rights of North Carolina crime victims.

Duly adopted this 25th Day of April, 2017.

______Michael L. Alvarez, Mayor Attest:

______Kathy L. Queen, Town Clerk

AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE TOWN OF INDIAN TRAIL, NORTH CAROLINA, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE TOWN OF INDIAN TRAIL DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES

Adopted 4-25-2017

WHEREAS, the Acts of Legislature of the state of North Carolina empower and authorize the Town of Indian Trail to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and

WHEREAS, the Indian Town Council has authorized a general compilation, revision, and codification of the ordinances of the Town of Indian Trail of a general and permanent nature and publication of such ordinance in book form; and

WHEREAS, in addition to any other revisions set forth herein, the Town Council desires to remove Chapter 110 Business Licenses in its entirety as a result of changes in governing law; and

WHEREAS, the Board of Commissioners desires to revise, amend, restate, codify and compile any existing ordinances and all new ordinances as set forth herein to ensure proper passage and public notification of Town ordinances.

NOW, THEREFORE, BE IT ORDAINED, BY THE LEGISLATIVE AUTHORITY OF THE TOWN OF INDIAN TRAIL, NORTH CAROLINA:

Section 1: The general ordinances of the Town of Indian Trail as revised, amended, restated, codified and compiled book form are hereby adopted as and shall constitute the “Code of Ordinances of the Town of Indian Trail.” A true and correct copy is attached hereto as Exhibit A.

Section 2: Such Code or Ordinances as adopted in Section 1 shall consist of the following Titles:

INDIAN TRAIL, NORTH CAROLINA CODE OF ORDINANCES

TITLE I: GENERAL PROVISIONS 10. Rules of Construction: General Penalty

TITLE III: ADMINISTRATION 30. General Town Policies 31. Finance; Funds 32. Fee Schedule 33. State of Emergency

TITLE V: PUBLIC WORKS 50. Solid Waste

TITLE VII: TRAFFIC CODE 70. General Provisions 71. Traffic Rules/Regulations 72. Parking Regulations 73. Traffic Schedules 74. Parking Schedules

TITLE IX: GENERAL REGULATIONS 90. Abandoned Vehicles 91. Animals 92. Fire Prevention 93. Alarm System 94. Parks and Recreation 95. Nuisances 96. Cemeteries 97. Civil Emergencies 98. Fair Housing 99. Parades 100. Street and Sidewalks

TITLE XI: BUSINESS REGULATIONS 111. Taxicabs 112. Cable Television System 113. Lease or Rental of Vehicles 114. Solicitations 115. Yard Sales 116. Massage and Bodywork Therapy 117. Adult Businesses 118. Weights and Measures

TITLE XIII: GENERAL OFFENSES

130. Offenses Against Public Peace and Safety 131. Minor, Juvenile Protection

TITLE XV: LAND USAGE 150. Building Code; Housing Regulations 151. Land Development Standard 152. Storm Water; Flood Control 153. Unified Development

TABLE OF SPECIAL ORDINANCES

Table I. Annexations II. Franchise Agreements

PARALLEL REFERENCES References to North Carolina General Statutes References to Prior Code References to Resolutions References to Ordinances

Section 3: All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and re- ordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.

Section 4: Such Code shall be deemed published as of the day of its adoption and approval by the Town Council and the Town Clerk is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk and to facilitate on-line publication on such schedule as the Town Clerk deems appropriate. The Town Clerk is further authorized and ordered to update and revise the Code of Ordinances upon the effective date of adoption of all validly approved ordinances.

Section 5: Such Code shall be in full force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.

Section 6: This ordinance is duly adopted and effective this 25th day of April, 2017.

______Michael Alvarez, Mayor

ATTEST:

______Kathy Queen, Town Clerk MAYOR TOWN COUNCIL

Michael L Alvarez Gordon B. Daniels

MAYOR PRO TEM Gary M. Savoie David L. Cohn Amy R. Stanton TOWN MANAGER Scott J. Kaufhold, P.E. Mark A. Wireman

Indian Trail Town Council

Regular Meeting Monday, June 13, 2016 Civic Building—6:30 PM

MINUTES

The Indian Trail Town Council held a Regular Monthly Meeting on Monday, June 13, 2016, 6:30 PM in the Council’s Chambers at the Civic Building, 100 Navajo Trail, Indian Trail, NC.

The following members of Town Council were present: Mayor Michael Alvarez Council Member Gary Savoie (arrived at 6:34PM) Mayor Pro Tempore David Cohn Council Member Gordon Daniels Council Member Amy R. Stanton Council Member Mark Wireman

All members of Council were present.

The following members of staff were present: Town Manager Scott Kaufhold, Town Attorney Keith Merritt, Town Clerk Kelley Southward, Director of Planning and Neighborhood Services Rox Burhans, Director Parks and Recreation Jason Tryon, Director of Finance Jim Wojtowicz, Communications Coordinator Mike Parks, Recreation Program Coordinator Katy Keller and Senior Planner Gretchen Coperine.

Guests Present: there were approximately 22 guests in the audience.

1. CALL MEETING TO ORDER & PLEDGE OF ALLEGIANCE

Mayor Alvarez called the meeting to order at 6:32 PM and led everyone in the Pledge of Allegiance to the Flag. He then asked everyone to remain standing for a moment of silence for the victims of the Pulse nightclub shootings in Orlando, Florida on June 12th.

The Town Clerk noted that there were technical difficulties with the Smartboard and it would not be functioning this evening.

2. AGENDA ADDITIONS & DELETIONS Action There were no additions/deletions forthcoming.

3. MOTION TO APPROVE AGENDA Action Councilman Daniels moved to approve the agenda, as presented; motion carried by way of a unanimous vote.

4. PRESENTATIONS/INTRODUCTIONS 1 Town Council Regular Meeting Minutes June 13, 2016 None

5. PUBLIC COMMENTS There were no public comments forthcoming.

6. LAW ENFORCEMENT UPDATE

Councilman Savoie joined the meeting at 6:34 PM.

Captain Coble reported that the May 2016 motor vehicle crashes were 119, which is down from May of 2015—there were 133. 1,087 calls for service this May down slightly from last year’s 1,093. Response time was 9:18 this May compared to 10:06 last May. 1,908 self-initiated activities this May compared to 1,487 last May. 260 reports taking this may compared to 256 last May.

Capt. Coble reported that active shooter training just ended and upcoming on-line trainings include: fire arms law update, human trafficking awareness, recovery of mobile devices, juvenile/minority sensitivity training, and law enforcement intelligence briefing. Regarding the motor cycle patrolman, the officer primarily assigned to the bike had an average 6:59 second response time during the past month. Now that schools are out we will have three additional officers assigned to Indian Trail for the summer; the officers are normally School Resource Officers.

Finally Capt. Coble relayed that a couple weeks ago a family headed home to Tennessee from vacation stopped at an Indian Trail gas station to refuel. A 14-year old boy who had been asleep in the third row seats got out to use the restroom without telling his parents. Unfortunately, the boy got left behind and the family had made it to Asheboro before realizing that the child wasn’t present. Sadly, the 14-year old did not know his parent’s phone numbers. Fortunately, through social media IT Deputies were able to make contact with the parents and the child was reunited with his family.

7. DEPARTMENT UPDATES: a) Department Update: Finance & Business Operations—Jim Wojtowicz Mr. Wojtowicz noted that the 2016/2017 Draft Budget is included on this agenda for Council action. We are in the last month of the fiscal year; Finance staff is preparing for year-end close. All opened purchase orders have been reviewed. There were some opened purchase orders from 2013. Some were closed out and unspent funds dropped back into the fund balance. Conversely he has worked with Department Heads to create purchase orders for any items that still need to be purchased from the current budget. For instance, the Waste Pro bill for June service won’t come into until July but we need to ensure that the June services get charged to this year’s budget because we use the accrual basis of accounting. Finally, this evening Council is being asked to select an auditor later in the agenda.

b) Department Update: Communications & Community Engagement—Mike Parks Mr. Parks reported that he continues to meet with Home Owner Associations (HOAs); he has met with Treywick and Brandon Oaks since his last report to Council. A lot of good feedback was received: most issues revolve around roads and stormwater. Concerns have been conveyed to the proper town departments and some matters have already been resolved. Overall, folks are quite pleased with his attendance at the HOA meetings; they appreciate the town coming to them rather than they having to go to the town.

The first Town Hall Forum went well. Councilman Wireman was in attendance and there was good back and forth discussion with town representatives and residents. The forum lasted about two hours.

Mr. Parks has met with multiple website designers to discuss the Town’s new website. He is hopeful that our new website will be more modern and easier for people to use and for the town to get information out to the public. A new stormwater page has been included on the current website. He is also building a new page for the current website about projects in the area such as the NCDOT bridge reconstruction on Indian Trail Road. Social Media pages reach about 12, 000 residents. Likewise, 12,000 copies of the quarterly newsletter were just printed and should be received by residents in this week’s mail.

2 Town Council Regular Meeting Minutes June 13, 2016 8. CONSENT AGENDA Action a) Approval Budget Amendments #570-#579 b) Approval of Draft Minutes December 8, 2015 Regular Town Council Meeting c) Approval of Draft Minutes February 23, 2016 Regular Town Council Meeting d) Approval of Draft Minutes March 10, 2016 Regular Town Council Meeting e) Approval of Draft Minutes April 12, 2016 Regular Town Council Meeting f) Approval of Draft Minutes May 10, 2016 Regular Town Council Meeting g) Approval of Draft Minutes May 24, 2016 Regular Town Council Meeting h) Approval of Draft Minutes March 5, 2016 Budget Retreat i) Approval of Draft Minutes April 16, 2016 Budget Retreat j) Approval of Tax Month End Report for May 2016

Councilman Cohn moved to approve the Consent Agenda, as present; the motion carried by way of a unanimous vote.

9. PUBLIC HEARINGS Action – Please adhere to the following guidelines: • Proceed to the podium, and state your name and address clearly; • Be concise; avoid repetition; limit comments to three (3) minutes or less; • Designate a spokesperson for large groups

a) CZ2016-001 Church of the Redeemer: this is a rezone request to establish a Conditional Zoning for a religious institution on a portion of parcel 07123001F. The parcel is located on the north side of Wesley Chapel Road. Applicant: Douglas Helms, MCT General Contractors Inc.

Ms. Gretchen Coperine, Senior Planner, presented this rezoning request. A copy of the Planning Board’s Transmittal including their report, minutes and the application regarding this item is attached hereto and made a part of these official minutes. The subject property is approximately 8 acres located on the north side of Wesley Chapel Road. Currently the parcel is zoned SF4 (single family zoning). The proposed institutional zoning classification would allow the proposed church as a use. The proposed church is approximately 11,795 square feet.

This parcel was originally part of the Sheridan master plan as an out parcel. The density and open space of the project would not be affected by the proposed rezoning. Therefore, Sheridan and Taylor Glenn would remain compliant with their density and open space requirements.

The eastern portion of the property is where development is proposed to occur. There is a portion of the property that would remain its current zoning of SF4. There is a 50-foot buffer along the northern and eastern boundaries of the property and a 25-foot buffer around the western boundary. The building is situated beyond the parking area. A right-in/right-out ingress/egress will be located on Wesley Chapel Road; NCDOT has reviewed this and is in agreement.

Two community meetings were held April 28, 2016. Eight people attended the community meetings most were parishioners of the Church of the Redeemer. Questions focused on the building and timeline for completion. The Planning Board heard this item during their May meeting and discussion focused on the right-in/right-out access. The width of Wesley Chapel Road was discussed; the road could be widened in the future. It was also relayed that the applicant does not propose any recreation facilities other than a tot-lot play area.

Ms. Coperine read the consistency findings into the record: • Land Use and Housing Goals #1 & #5: the proposed project promotes compatibility of land uses between neighboring properties and residential properties within surrounding jurisdictions and proposes high quality design to promote attractive land development

3 Town Council Regular Meeting Minutes June 13, 2016 • Mobility and Transportation Goal #3: the proposed development incorporates pedestrian connectivity through the use of sidewalks along Wesley Chapel Road, as well as opportunity to connect to any future development directly west of this development. • The request for this conditional zoning district (Institutional) is a reasonable request and is in the public interest because it supports the goals of the adopted Comprehensive Plan and includes elements that benefit the general public in the areas of transportation and land use.

Councilman Daniels asked if the proposed building is larger than other area churches. Ms. Coperine noted that the size is comparable to other area churches; it is not out of character for other churches in the area. Will the days of service require traffic controls was also asked by Councilman Daniels. The requirements to have law enforcement provide traffic controls are not in the Town’s conditions; Ms. Coperine noted that 150 parishioners are expected for each Sunday service.

Pastor Mike Averill, applicant, of 700 Perth Drive, Monroe addressed Council to answer Councilman’s Daniels question—will there be other days of the week when services are held. Pastor Averill said Sunday would be the primary day that services would be held. There would be additional activities throughout the week.

Mayor Alvarez opened the public comments portion of the public hearing. • Pastor Mike Averill reported that the Church of the Redeemer has part of the community for over 14 years; they have been holding Sunday services at Sun Valley High School. They are now ready to put some permanent roots down in the community. This will be a great thing for his congregation and it will allow them to serve the community better. They hope to be an asset to the community at large. Upon query from Mayor Alvarez, Pastor Averill noted the church has owned the subject property for many years. • Chris Hope of Monroe is the project engineer and said that a church has far less impacts on an area than most other uses. • Doug Helms of Monroe is the project builder and is ready to get moving on the construction. He hopes that they will break ground this year as they’ve been working with the church for three years.

Mayor Alvarez closed the public comments.

Councilman Wireman moved to accept and approve the consistency findings as read into the record by Ms. Coperine; the motion carried unanimously.

Councilman Daniels moved to approve the rezoning of CZ2016-0014 to establish a Conditional Zoning for a religious institution on the presented portion of parcel #07123001F; the motion carried unanimously.

b) ZT2016-005 Crooked Creek Wastewater Treatment Plant Exemption: This is a proposed amendment to the Unified Development Ordinance Chapters 110.080 and 520.020G to exempt existing and future onsite improvements at the Union County Crooked Creek Wastewater Treatment Plant from UDO requirements. Parcel # 07066015B. Applicant: Town of Indian Trail.

Mr. Rox Burhans, Planning Director, presented this item to Council. A copy of the Planning Board’s Transmittal including their report, minutes and the application regarding this item is attached hereto and made a part of these official minutes. Mr. Burhans noted this UDO text amendment has been initiated by the Town of Indian Trail and is a request to amend Chapters 110.080 and 520.020G to exempt existing and future onsite improvements at the Union County Crooked Creek Wastewater Treatment Plant from the UDO permit requirements. Mr. Burhans noted that the text amendment would only apply to exempting this particular site. About one-third of the existing treatment facility is an open lawn area; this is where expansion is proposed to locate. It abuts the Ashecroft, Brittney Downs and Treywick neighborhoods.

If Council approves this text amendment then the County would not be required to obtain any special permits for this particular plant expansion. Union County would likely move forward with their proposed expansion

4 Town Council Regular Meeting Minutes June 13, 2016 which includes a 30-foot equalization tank and pump station buildings. Back in February, Union County held a public information meeting regarding this expansion project. That meeting was held here in the Council’s chambers and adjacent property owners (adjacent to the subject property) were mailed notice of that public meeting. When the Planning Board heard this item in April approximately 160 mailed notices were sent to neighboring property owners. As required by the UDO a new paper ad was published for this meeting this evening. Four residents of the Treywick community made public comments opposing the text amendment at the Planning Board meetings when this matter was discussed in April and May. Union County gave presentations to the Planning Board as well; a copy of that Power Point presentation as well as the minutes from the Planning Board meetings is included in the report that is attached hereto these official minutes.

The Planning Board has recommended approval of the text amendment. Mr. Burhans read the consistency findings into the record: • The proposed UDO amendment is consistent with the Comprehensive Plan goals: Goal #1-the proposed text amendment will enable future wastewater system improvements to occur in a more expeditious manner by being exempt from local regulations and approval processes. • This UDO ordinance amendment is in the best interest of the public because it helps create a more efficient process to providing additional wastewater treatment capacity and services to the growing Indian Trail community.

Councilman Wireman asked the status of the drainage study that Council tasked a consultant to perform for Traywick earlier this year. Mr. Kaufhold expects that the consulting engineering will have their findings of Traywick ready to present to Council in September. This is the first time a drainage study has been performed in that area.

Councilman Daniels said that he likes the ordinance requirements currently in place for this type of facility (expansion) because it provides specific notification to residents directly affected and gives them the opportunity to present their case. Further, it puts the burden on the applicant to prove their case to the proper Board (i.e. the Board of Adjustment). He opined that the proposed ordinance amendment would eliminate the residents from getting their due process. Councilman Daniels asked how the amendment would make the process more efficient.

Mr. Burhans noted that by the nature of the UDO text amendment, as proposed, the process is more efficient. It would allow the County to expand the existing facility without going through a special process for expansion permission. Additionally, the County would not have to submit drawings and obtain permits. If the text amendment is approved, then the County could just proceed with the facility expansion. Councilman Daniels said he sees how it would be easier for the County but it takes the residents out of sharing their thoughts.

Mayor Alvarez asked what the “checks and balance” system is on this matter. Mr. Burhans pointed out that Union County Public Works has to answer to the County Commissioners. The County Board of Commissioners is representatives of the residents in the affected area. So, if any resident felt that Union County Works over-steps their boundaries they could take their issues to the County Board of Commissioners.

Councilman Wireman asked about the meeting held by Union County Public Works. Mr. Burhans reiterated that in February Union County Public Works held a public meeting here in Indian Trail in this very building for residents. It is Mr. Burhans understanding that the County mailed notifications of that public meeting to property owners adjacent to the subject property. Upon further query from Councilman Wireman, Mr. Burhans said as far as he is aware, the public has been given the opportunity to publically speak on this matter at least three times prior to this evening’s opportunity.

Mayor Alvarez said he is concerned that 20 years from now it may have to be investigated who did what, when and why if a resident is buried under water on their private property.

5 Town Council Regular Meeting Minutes June 13, 2016 Councilman Cohn said to him its common sense that the more development that occurs in town, the more users there are for the water and sewer systems. This will either force existing treatment facilities to have to be expanded or new facilities to be constructed. Council should think about this when they are voting to put in new developments such as multifamily apartment complexes and single family residential neighborhoods. If Indian Trail is going to grow as projected in 20 years we will need more or larger treatment facilities. Mr. Burhans concurred. Councilman Cohn said he understands that no one wants this type of facility near their home but the fact is this particular facility is already there. The County is seeking to make the existing facility larger. Councilman Cohn said in his mind it is better to expand an existing facility than to build a new one.

Councilman Savoie said that the need of the expansion is not being disputed and that is not what we are looking to approve. What Council is being asked to approve is the change in the process that the County would have to go through. This text amendment is so that the County doesn’t have to follow the more in- depth process that is already in place for them to move forward with this project. This text amendment will make the process much easier for the County to move forward with this particular project. Mr. Burhans said that the proposed text amendment would allow the County to not have to go through our approval process or follow our established standards.

Councilman Wireman said it is his understanding that the Town and County may have differing opinions of how their proposed expansion is classified; they way in which the County views it, they wouldn’t fall subject to the existing process and permitting anyway and the Town may disagree. The difference of opinions could become a contentious back-and-forth that would ultimately cost time and money. The proposed text amendment would save time and money to allow the expansion which both the Town and County recognize is needed since the Town has grown and will continue to grow.

Mayor Alvarez opened the floor for public comments: • Mr. Eugene Griggs of 1706 Cottage Creek Road addressed Council noting that his home is located within 100 feet of the existing wastewater treatment facility. He strongly opposes the text amendment. He said that four days ago for 72 straight hours a motor ran all day and all night; it was very loud. Mr. Griggs said that he does not object to the County installing a new tank at the facility but does object to the Town giving up control. Where was a person to address the loud motor running for 72 hours; a person can’t live like that—he can’t even enjoy his own yard. Mr. Griggs also noted his on-going drainage issues and stated he should not have to live like this. He has been dealing with these issues for ten years and is tired of it.

With no other public comments forthcoming, Mayor Alvarez closed the floor to public comments.

Mr. Burhans noted that if Council is ready to act, two motions would be necessary: one to approve the consistency findings and another to make a final decision on the matter (i.e. approve the text amendment or deny it, or request further information).

Councilman Cohn confirmed from Mr. Griggs’ that the loud motor running for 72 hours is coming from existing equipment at the facility. Mr. Griggs reiterated that he doesn’t object the facility expansion just the Town not making the County go through the current established process and permitting. Mr. Griggs pointed out that there may be additional issues with the expansion. Mr. Burhans noted that at the community meetings County staff noted that they are sensitive to issues like noise and glaring lights and try to mitigate those issues as much as possible for neighboring properties. Councilman Cohn asked if there was a possibility of the situation of the existing loud motor being corrected with the proposed improvements. Mr. Kaufhold said he would ask County representatives.

Councilwoman Stanton moved to present the consistency findings as read into the record by Mr. Burhans; the motion carried by a vote of three (3) to two (2) with Councilmen Savoie and Daniels opposing.

Councilwoman Stanton moved to approve the UDO Text Amendment ZT2016-005 (Ordinance #0160613- 242), as presented. The vote was as follows: Council members Stanton, Cohn and Wireman voted in favor of 6 Town Council Regular Meeting Minutes June 13, 2016 the motion while Council members Savoie and Daniels voted in the opposition; a vote of three (3) to two (2). It was noted that a super majority vote is required for this, the first reading of an ordinance and therefore the motion did not carry as a 4/5 vote is required. The matter would be brought back to Council for a second reading (only a majority vote is required at a second reading).

c) ZT2016-006 Dumpster Enclosures: This is a proposed amendment to the Unified Development Ordinance Chapter 13130 to create additional options in the design of dumpster enclosures for existing businesses. Applicant: Town of Indian Trail.

Mr. Burhans noted that this proposed amendment would have no effect on the dumpster enclosure materials for new buildings. Rather, the proposed amendment would provide for different options of materials to be used for dumpster enclosures and grease traps for existing buildings; the materials are quality materials. This amendment was drafted after Council discussions that took place at the two Town Council Regular Meetings in March. The Planning Board has researched the issue, drafted a proposed amendment and make recommendation to approve to Council. A copy of the proposed text amendment along with the Planning Board Transmittal and Report is attached hereto and made part of these official minutes. This proposed amendment is part of efforts to be more business friendly. Dumpster enclosures for existing structures are regulated in the nonconforming section of the UDO.

After Mr. Burhans explained the Planning Board’s analysis he read the consistency findings into the record as follows: • The proposed UDO amendment is consistent the Comprehensive Plan’s Land Use and Housing #5 and Economic Development Goal #3: the proposed text creates additional flexibility in the design of refuse and grease trap enclosures for existing businesses, which will promote small business grown in a manner that is supportive of community aesthetics. • The UDO amendment is in the best interest of the public because it helps promote attractive community aesthetics in a manner that is not burdensome to the small business community.

Upon a question by Councilwoman Stanton, Mr. Burhans noted that this text amendment, if approved, would allow dumpster enclosures to be constructed of different materials than the primary structure for existing buildings.

Mayor Alvarez opened the floor for public comments; there were no comments forthcoming so Mayor Alvarez closed the public comments.

Councilman Daniels moved to approve the consistency findings as read into the record; the motion carried by a vote of four (4) to one (1) with Councilwoman Stanton voting in the opposition.

Councilman Daniels moved to approve the UDO text amendment ZT2016-006 (Ordinance #0160613-243), as presented. The motion carried by a vote of four (4) to one (1) with Councilwoman Stanton voting in the opposition.

10. BOARD AND COMMITTEE APPOINTMENTS (Interviews as necessary) a) Planning/Tree Board Appointments: Meets the 3rd Tuesday of month at 6:30pm (Civic Bld) 1) Seat #3: Regular Member 3-year term 7/1/2016-6/30/2019 2) Seat #4: Regular Member unexpired 3-year term 7/1/2015-6/30/2018 3) Seat #6: Regular Member 3-year term 7/1/2016-6/30/2019 4) Seat #7: Regular Member 3-year term 7/1/2016-6/30/2019 5) Alt #3: Alternate Member 3-year term 7/1/2016-6/30/2019 6) Alt #1 currently filled by Mr. Jorge Aponte who has applied for a Regular Member Seat; should he be appointed to a Regular Member Seat Council will fill this Alternate Member seat which is a 3-year term 7/1/2014-6/30/2017

7 Town Council Regular Meeting Minutes June 13, 2016 7) Alt #2 currently filled by Mr. Dennis Gay who has applied for a Regular Member Seat; should he be appointed to a Regular Member Seat Council will fill this Alternate Member seat which is a 3-year term 7/1/2014-6/30/2017

9 Applications have been received for the Planning/Tree Board: • Patricia Cowan (seeking reappointment to Seat #6) • Larry Miller (seeking reappointment to Seat #3) • Jorge Aponte (seeking advancement from Alt #1 to a Regular Member Seat) • Dennis Gay (seeking advancement from Alt #2 to a Regular Member Seat) • Jayson Derosier • Joseph Lytch • Arthur Spurr • John Killman • Mike Head

The Town Clerk noted that she had received several written recommendations earlier in the day for some of the Boards and Committees from the Chairs or staff Liaisons; copies were placed at Council’s seats prior to the meeting. Councilman Cohn asked if any member wanted to review applicants; Council felt it was not necessary. Councilman Cohn thanked the Planning Board for all their efforts over the years. He opined that despite their hard work he feels it is time for a change on the Planning Board.

Councilman Cohn submitted a motion to appoint John Killman to Seat #3; appoint Michael Head to Seat #4; appoint Dennis Gay to Seat #6; appoint Jorge Aponte to Seat #7; appoint Jayson Derosier to Alternate #3; appoint Joseph Lytch to Alternate #1; and appoint Arthur Spurr to Alternate #2. The motion carried by a vote of four (4) to one (1) with Councilman Daniels opposing.

The Town Clerk asked that everyone take notice of the appointment terms; the majority of the terms begin July 1st.

b) Board of Adjustment: Meets the 4th Thursday of month at 7pm (Civic Bld) 1) Seat #2: Regular Member 3-year term 7/1/2016-6/30/2019 2) Alt #1: Alternate Member 3-year term 7/1/2016-6/30/2019 3) Alt #2: Alternate Member 3-year term 7/1/2016-6/30/2019

2 Applications have been received for the Board of Adjustment: • Daniel Takah (seeking reappointment to Seat #2) • Kat Miller (seeking reappointment to Alt #1)

Councilman Cohn moved to reappoint Mr. Takah to Seat #2 and Ms. Miller to Alternate #1; the motion carried by a unanimous vote.

c) Public Safety Committee: Meets the 1st Thursday of month at 6:30pm (Blythe bld) 1) Seat #2: Regular Member 3-year term 7/1/2016-6/30/2019 2) Seat #4: Regular Member 3-year term 7/1/2016-6/30/2019 3) Seat #5: Regular Member 3-year term 7/1/2016-6/30/2019 4) Seat #6: Regular Member 3-year term 7/1/2016-6/30/2019 5) Alt #1: Alternate Member 3-year term 7/1/2016-6/30/2019 6) Alt #2: Alternate Member unexpired 3-year term 7/1/2015-6/30/2018

3 Applications have been received for the Public Safety Committee (plus 1 request for reaptmt) • Steven Smith (seeking reappointment to Seat #5) • Frances Knight (seeking reappointment to Seat #4) • James P. McNeil

8 Town Council Regular Meeting Minutes June 13, 2016 Councilman Cohn moved to reappoint Steven Smith to Seat #5; reappointment Frances Knight to Seat #4 and appoint Mr. James McNeil to Seat #2. The motion carried unanimously.

d) Stormwater Committee: Meets bi-monthly starting Jan. on 2nd Thurs at 6pm (Blythe bld) 1) Seat #1: Regular Member 3-year term 7/1/2016-6/30/2019 2) Seat #2: Regular Member 3-year term 7/1/2016-6/30/2019 3) Seat #7: Regular Member 3-year term 7/1/2016-6/30/2019 4) Alt #1: Alternate Member unexpired 3-year term 7/1/2014-6/30/2017

2 Applications have been received for the Stormwater Committee: • Dennis Gay (seeking reappointment to Seat #1) • Kris Rowe (seeking reappointment to Seat #2)

Councilman Wireman moved to reappointment Dennis Gay to Seat #1 and reappoint Kris Rowe to Seat #2; the motion carried unanimously.

e) Transportation Advisory Committee: meets 1st Tuesday of month at 6:30pm (Blythe bld) 1) Seat #1: Regular Member 3-year term 7/1/2016-6/30/2019 2) Seat #2: Regular Member 3-year term 7/1/2016-6/30/2019 3) Seat #3 Regular Member unexpired 3-year term 7/1/2015-6/30/2018 4) Seat #4: Regular Member 3-year term 7/1/2016-6/30/2019 5) Seat #6: Regular Member unexpired 3-year term 7/1/2014-6/30/2017 6) Alt #1: Alternate Member unexpired 3-year term 7/1/2015-6/30/2018 7) Alt #2: Alternate Member unexpired 3-year term 7/1/2014-6/30/2017

1 Application has been received for the Transportation Advisory Committee: • Michelle Simmons (seeking reappointment to Seat #2)

Councilman Daniels moved to reappoint Ms. Simmons to Seat #2; the motion carried unanimously.

f) Parks, Arts Recreation & Culture (PARC) Committee: meets 1st Wed. 6pm (Civic bld) 1) Seat #1: Regular Member 3-year term 7/1/2016-6/30/2019 2) Seat #2: Regular Member unexpired 3-year term 7/1/2014-6/30/2017 3) Seat #3: Regular Member unexpired 3-year term 7/1/2015-6/30/2018 4) Seat #4: Regular Member 3-year term 7/1/2016-6/30/2019 5) Seat #6: Regular Member 3-year term 7/1/2016-6/30/2019 6) Seat #7: Regular Member unexpired 3-year term 7/1/2015-6/30/2018 7) Alt #1: Alternate Member unexpired 3-year term 7/1/2015-6/30/2018 8) Alt #2: Alternate Member unexpired 3-year term 7/1/2014-6/30/2017

1 Application has been received for the PARC Committee: • Brian Olin (seeking reappointment to Seat #4

Councilman Wireman asked Mr. Tryon if the PARC had been struggling to get a quorum. Mr. Tryon confirmed that a meeting has not been held in approximately six months due to lack of a quorum and applicants. Councilman Daniels said if there is a problem getting a quorum why would we reappoint the same people. Mayor Alvarez noted it is not a question of Mr. Olin’s attendance but rather, the seats have been vacated; we need more applicants.

Councilman Wireman moved to reappoint Brian Olin to Seat #4; the motion carried unanimously.

g) Economic Development Committee: newly reorganized all 7 seats are vacant; no applications were received as of June 8, 2016.

9 Town Council Regular Meeting Minutes June 13, 2016 Councilman Wireman asked how people were notified of this Committee and applicants solicited. Ms. Southward noted that it has been included on the Town’s Website and advertised in the Charlotte Observer. Mr. Parks added that it has been posted on the Town’s social media.

11. OLD BUSINESS ITEMS Action a) Council consideration of awarding a contract for annual auditing services (tabled May 24th ) (Mr. Wojtowicz)

Mr. Wojtowicz, Finance Director, is not recommending Council approve the contract for auditing services with JB Watson and Company from Wadesboro. Councilman Wireman moved to approve the contract for auditing services proposed by JB Watson and Company; the motion carried unanimously.

b) Council consideration to approve the 2016/2017 Fiscal Year Budget Ordinance and set the tax rate at 18.5 cents per $100 of assessed value (public hearing was held May 24, 2016). (Mr. Kaufhold)

Mr. Kaufhold noted that since the Budget Public Hearing held at the last meeting there were some salary adjustments that needed to be included in the Budget. In total the salary adjustments add $28,000 to the budget. Mr. Kaufhold noted that he sent an email to Council regarding this issue earlier today. The budget was balanced with this change without affecting the tax rate.

Councilman Wireman asked the total amount of outstanding purchase orders from previous years; Mr. Wojtowicz said that he didn’t know the figure off-hand and that he would get that information to Councilman Wireman. Councilman Wireman said that he has received positive feedback on this budget; it is easy to read and follow. He thanked staff for their hard work in preparing the budget.

Councilman Wireman moved to approve the FY 16-17 Budget Ordinance and tax rate of 18.5 cents per $100 of assessed value. The motion carried by a vote of four (4) to one (1) with Councilman Daniels voting in the opposition.

12. NEW BUSINESS ITEMS Action a) Council consideration of approving an expense of $5,000 for Indian Trail to be part of the Volunteer Fire Departments’ study regarding fire fees/fire taxes as presented by Hemby Bridge Fire Chief Blythe on May 24th.

Chief Blythe noted that Indian Trail should also appoint someone (staff or Council) to be part of the Committee that will be put together to prepare a scope of work. Once a scope of work is created and a consultant selected then it should be about 3 months for deliverable. Councilman Daniels asked how close the County is to making a decision. Chief Blythe said that the County just put it on hold until next year.

Councilwoman Stanton moved to approve the $5,000 expenditure to partner with Stallings and possibly others to conduct a study regarding fire fees/fire taxes; the motion carried unanimously.

b) Council consideration of approving a Resolution to Support the Miracle League of Indian Trail, NC Board of Directors To Build a Miracle League Field and Miracle League Playground. (Mayor Pro Tem Cohn)

Councilman Cohn read the Resolution, which is attached hereto and made a part of these official minutes. Councilman Wireman asked if the memorandum of understanding will include the nuts and bolts of exactly what the Town is responsible for providing. Councilman Cohn believed it would do so; this is simply a resolution. Councilman Wireman said he’d hold his questions until that time but he wants to make sure that the Town doesn’t over-extend themselves from a financial standpoint. This is the second Resolution regarding the Miracle League Field.

10 Town Council Regular Meeting Minutes June 13, 2016 Councilman Cohn moved to approve Resolution to Support the Miracle League of Indian Trail, NC Board of Directors to Build a Miracle League Field and Miracle League Playground (#R160613-01); the motion carried unanimously.

c) Council consideration to direct town staff to prepare a letter to Mr. Mohammed El-Nagheeb, NCDOT 716 West Main Street, Albemarle, NC 28001, requesting that the current advisory traffic signs at the Sun Valley High School on Old Monroe Road be converted to regulatory traffic signs. (Councilman Daniels)

Councilman Daniels noted that he is requesting a regulatory sign in this area that notes the times in which the speed limit in the area is reduced to 35 MPH so that it can be enforced. Mr. Nagheeb said that if the Town would forward a letter to him he would then forward it to the General Assembly so the process to get the signs changed can begin.

Captain Coble was asked to weigh-in. Captain Coble said it is his understanding that the signs in the area now, which are the yellow signs recommending 35 MPH during school hours, were put there for a reason rather than the requested white 35 MPH signs that have the times in which that speed is applicable in this 45 MPH zone. Captain Coble doesn’t know what the reason was at the time installed but DOT has criteria for determining which type of sign will be installed near a school; Mr. Kaufhold may know more about the criteria.

Captain Coble relayed that the crash data for that area does not show speed as the main reason for accidents. Rather, rear end collisions occur from driver’s not paying attention and red-light/yield violations at the intersection. During school drop-off/pick-up hours; drivers are hard pressed to reach the 45 MPH speed simply due to traffic congestion.

Mr. Kaufhold said that DOT has 3 criteria for determining which type of sign to install. A few years ago the town requested the entire corridor’s speed be permanently reduced from 45 MPH to 35 MPH and that request was denied. He said that DOT would be agreeable to investigating the area for the signs requested by Councilman Daniels once school resumes in the fall if we send them a formal request to do so.

Councilwoman Stanton asked Councilman Daniels how he came about requesting this item. Councilman Daniels said that a resident in the area expressed a concern about the speed in the area. The resident sees children crossing the roads at improper crossings and is concerned for their safety. A Highway Patrol Officer was the one who noted that this type of sign would have to be requested. Captain Coble said he did not recall any incidents where a child was harmed while crossing the road. Captain Coble said if Council would like he can check to see if the person in charge of school safety would also write a letter that way two entities would be requesting the same thing from DOT. Council felt such would be helpful.

Councilman Daniels moved that a letter be written by staff to Mr. Nagheeb requesting that current advisory traffic signs at Sun Valley High Scholl on Old Monroe Road be converted to regulatory traffic signs. The motion carried unanimously.

d) Council consideration to have the Town send an official letter to the NCDOT to have them re-evaluate their position on the construction of sound barriers for the Bonterra and Arbor Glen neighborhoods during the construction of the Monroe Bypass project based on maintaining and reducing any decline in property values for this neighborhood and showing our support of the hundreds of Bonterra residents who signed a petition. (Councilman Daniels)

Councilman Daniels said that when NC DOT representative Scott Cole was here in April discussing the sound barriers he noted that if the Town wants them to investigate effects of property values then we should send a letter requesting NC DOT investigate how sound barrier walls and noise from highways affects property values. Councilman Wireman agreed that data should be collected. Mr. Kaufhold said he sent a letter to NC DOT regarding this matter. We received a response on June 2nd. Basically, they will not reconsider putting a noise barrier wall in any areas not already approved to receive a wall in conjunction with the Monroe By-Pass 11 Town Council Regular Meeting Minutes June 13, 2016 project. Councilman Daniels said that he would have liked to have known about the letter beforehand; he would not have put this matter on the agenda. No action was needed on this item.

e) Council consideration to have the Town Council immediately begin negotiations with owners of the property at 5880 W HWY 74 #201 Indian Trail NC (Food Lion Town Center) to lease and open a new Union County Sheriff’s Office (UCSO) Satellite Station to serve the northern half of Indian Trail that is consistent with the finding found in last year’s Law Enforcement Report approved by the Town Council. (Councilman Daniels)

There was a lengthy discussion regarding this matter. Council was confused as to whether or not Councilman Daniels was seeking a second location in Indian Trail (i.e. keeping the station on Navajo Trail and adding a second off of HWY 74) or looking for the existing station (on Navajo Trail) to be relocated. Councilman Daniels was seeking a second location; keep the Sheriff’s annex station on Navajo Trail and add a second Sheriff’s annex station in the shopping center where the ABC Store is located. Captain Coble said he and Sheriff Cathey feel a second station is unnecessary in Indian Trail at this time. Two locations that close together have not worked in the past. Additionally, it would be a huge expense for the town to add a second substation in town and it won’t get much “bang for the buck”. Captain Coble doesn’t believe a second station would bring better service to anyone in Indian Trail; deputies are stationed in their cars all around town to provide the best service possible.

Ultimately Councilman Daniels moved that Town Council begin negotiations with owners of the property at 5880 W HWY 74 #201 Indian Trail NC to lease and open a new (second) Union County Sheriff’s Office satellite station so that we will know the cost in case we need it in the future. The motion was denied with a vote of one (1) in favor (Councilman Daniels) and four (4) voting in the opposition.

f) Council Consideration, in order to compete directly with neighboring municipalities business parks in the future, to have the Town Council to earmark $225,000 of funding in the Economic Development Cost Center in the FY 2016/2017 budget to have the Town prepare and send out a competitive RFP before August 1, 2016 for a consultant to prepare a task oriented strategic plan for how the Town can start a business or technology park, how the Town can fund a business or technology park, where specifically should a business or technology park be located, begin negotiations to purchase land, begin legal document preparation, prepare a regional market study to give us direction on what industries we should recruit, discuss with Town of Stallings and Town of Matthews to see if they want to partner with building and funding a new business park, and staffing and operational costs needed for this plan. (Councilman Daniels)

Councilman Daniels said that Huntersville, Davidson and Cornelius had a partnership that put together a great technological business park. He would like to invite representatives from those municipalities to make a presentation to Council regarding their successful project. Councilman Daniels reached out to Mr. Chris Plate’ regarding this item and he expressed no concerns. Councilman Daniels said that Indian Trail doesn’t have $20 million like Monroe is spending on their airport and business park.

Councilman Wireman said that he was surprised by this item as Council has asked Mr. Plate’ of Monroe Union County Economic Development (MUCED) to make a presentation regarding business parks at the June 28th Council meeting. Councilman Savoie concurred. Councilman Cohn opined that Councilman Daniels items are just a matter of grandstanding.

Councilman Daniels did not understand why Council wants someone from Monroe steering our ship in economic development. It was clarified that only $50,000 of the budgeted $275,000 was slated to go to MUCED and that would be for a retail consultant. Economic development assistance is provided to us by MUCED automatically as it is available to all municipalities in Union County.

Councilman Daniels moved that in order to compete directly with neighboring municipalities business parks in the future, to have the Town Council to earmark $225,000 of funding in the Economic Development Cost Center in the FY 2016/2017 budget to have the Town prepare and send out a competitive RFP before August 12 Town Council Regular Meeting Minutes June 13, 2016 1, 2016 for a consultant to prepare a task oriented strategic plan for how the Town can start a business or technology park, how the Town can fund a business or technology park, where specifically should a business or technology park be located, begin negotiations to purchase land, begin legal document preparation, prepare a regional market study to give us direction on what industries we should recruit, discuss with Town of Stallings and Town of Matthews to see if they want to partner with building and funding a new business park, and staffing and operational costs needed for this plan. The motion died by a vote of one (1) to four (4) with Councilman Daniels being the only member voting in favor of the motion.

13. DISCUSSION ITEMS a) Crooked Creek Park Splash Pad Project

Mr. Tryon noted that a splash-pad is part of the Parks and Recreation Trust Fund Grant (PARTF Grant) the Town was awarded last year for Crooked Creek Park (CCP). The Parks and Rec team has been working on the design of the splash-pad for about 6 months. After in-depth research they feel a recirculation system is better suited for Indian Trail. While the upfront cost of system is more than a traditional system the Town will save money in the long run because the water bill will be less over time as consumption is less. He passed around pictures of the proposed splash-pad and explained the elements which are interactive. There will also be a pump house. The splash pad will be located at the top of the existing playground at CCP on the other side of the zip line. The cement will brushed finish to reduce slipping. Mr. Tryon noted that the cost of the pump house is $32,199. The cost of the splash pad is $222,994. After other projects associated with the PARTF Grant there is $213,000 left in the budget so the Town will be reimbursed for half of that amount upon competition of the splash pad; about $9,000 was taken from capital expenses to cover the shortfall.

Mr. Kaufhold noted that if Council is agreeable to the recirculation system and the design/layout of the splash pad and pump house then staff will move forward to have a contract put together that will be brought back to Council for final approval. Council gave their consensus to direct staff to proceed with the recirculation system splash pad with the necessary pump house as presented. Mr. Tryon was not certain when construction would be completed; he does not know how long the permitting will take.

b) Discussion regarding recent article in the Enquirer Journal accusing certain Council members of having a quorum (Mayor Pro Tem Cohn)

Councilman Cohn read a recent article from the Enquirer Journal (EJ) titled “IT Town Manager Climbing the Pay Ladder”. Councilman Cohn said eventually he’d like to open the closed session minutes where Mr. Kaufhold’s salary was discussed, and that can be done upon following a certain procedure and permission from the employee named. That way the public will know how Council came to the decision of Mr. Kaufhold’s salary. Councilman Cohn took offense to some of the accusations and insinuations made in the article; some of which were quoted by Councilman Daniels. Basically, Council or certain members of Council were accused of making an under-handed decision on the Manager’s salary. It was also insinuated in the article that members of Council constituting a quorum were holding illegal meetings. Councilman Cohn noted that while campaigning, before members Wireman and Stanton were sworn into office on December 8th and he was sworn-in for a 2nd term, the three of them would meet—and there is nothing illegal about that and it was not a quorum. Additionally, Councilman Cohn disagreed with comparison of salaries for our Manager and the Stallings Manager; the article noted that our Manager has less staff and makes more money. However, Councilman Cohn made the point that Stallings has roughly a $7 Million budget where Indian Trail has about a $14 Million budget and likewise Indian Trail has more than double the residents of Stallings. Councilman Cohn said that Indian Trail has 34 employees while Stallings has 41 employees So; Mr. Kaufhold is running a Town double the size and double the budget with less employees than Stallings. Additionally, Indian Trail has the lowest tax rate of any Town our size. Councilman Cohn said he is proud of what the Town is doing and how Mr. Kaufhold is running town.

It is noted that Councilman Savoie left the meeting at approximate 9:15 PM without being excused by a vote of Council; he left when Councilman Cohn was in the middle reading the article.

13 Town Council Regular Meeting Minutes June 13, 2016 Councilman Daniels felt the Town Manager should have been posted; at a minimum it should have been posted internally so that other staff would’ve had the opportunity to be interviewed for the position if interested. Councilman Daniels felt it was against state law that the job wasn’t posted at least internally. Mr. Merritt was asked if that was against the law; Mr. Merritt said that he wasn’t aware of any law that requires a position be posted.

Councilman Wireman asked to clarify the point that nothing illegal was done by appointing Mr. Kaufhold Interim Manager or adjusting that status to Manager. This appointment is a decision and appointment that Council can make.

14. UPDATES a) Manager’s Update: Scott Kaufhold, Town Manager: Mr. Kaufhold said that “Minions” will be shown Friday evening in the Park. Council is welcome to ride in the 4th of July Parade—contact Mr. Tryon. Payroll will be changing from monthly to twice a month beginning in July.

15. COUNCIL COMMENTS • Councilwoman Stanton thanked Captain Coble for cutting his vacation short to be here this evening and staff for all of their hard work. On a personal note, her first grandchild was born yesterday; mom and baby are both doing well—she thanked everyone for the well-wishes. • Councilman Daniels noted the passing of Muhammad Ali, a great man that he once had the privilege of meeting. He quoted Eleanor Roosevelt “small minds discuss people, average minds discuss events and great minds discuss ideas.” • Councilman Wireman thanked Councilman Cohn for bringing up the EJ item. It is unfortunate that we have a newspaper reporting smut rather than actual events. The reason why he no longer communicates by speaking to the EJ reporter is he is unlike any reporter that Councilman Wireman has ever encountered. Councilman Wireman would be happy to share the text messages he has received from this particular reporter. He believes the reporter is trying to make the news rather than report it. Councilman Wireman said if this reporter wants to put his questions in writing and send them in an email, he would be happy to respond in writing. Councilman Wireman speaks to other reporters but will no longer communicate verbally with this particular reporter. Councilman Wireman thanked Mr. Parks for his efforts as the Communications Coordinator. Councilman Wireman thanked Captain Coble for coming to the meeting this evening. He thanked staff for their hard work. • Councilman Cohn thanked everyone for coming and listening to him. He tries to look out for the Town. He mentioned the tragedy in Orlando and hopes that national leadership can help to end senseless tragedies like this from continuing. Councilman Cohn also noted the loss of Muhammad Ali; he was the Greatest of all time. • Mayor Alvarez agreed that the passing of Muhammad Ali is a loss to mankind. Another sports legend, Gordy Howe also passed this week. Both were good sports heroes to look up to. Mayor Alvarez said the Orlando tragedy is an example of crimes against people. The fix for these tragedies begins at home with good parenting. Mayor Alvarez said that he did not read the article that was in the EJ but he takes offense to it; he has had no meetings with anyone outside of properly called meetings. If anyone wants to do an article on him they should pick up the phone and call him. The UCSO should not have to be here on their day off or worry about not having a home station in Indian Trial.

16. CLOSED SESSION: none

17. ADJOURN : Councilman Stanton moved to adjourn at approximately 9:35 PM and the motion carried unanimously.

(SEAL) ______Michael L. Alvarez, Mayor Attest: ______Kelley Southward, Town Clerk

14 Town Council Regular Meeting Minutes June 13, 2016 MAYOR TOWN COUNCIL

Michael L Alvarez Gordon B. Daniels

MAYOR PRO TEM Gary M. Savoie David L. Cohn Amy R. Stanton TOWN MANAGER Scott J. Kaufhold, P.E. Mark A. Wireman

Indian Trail Town Council

Regular Meeting Tuesday, June 28, 2016 Civic Building—6:30 PM

MINUTES

The Indian Trail Town Council held a Regular Monthly Meeting on Tuesday, June 28, 2016, 6:30 PM in the Council’s Chambers at the Civic Building, 100 Navajo Trail, Indian Trail, NC.

The following members of Town Council were present: Mayor Michael Alvarez Mayor Pro Tempore David Cohn Council Member Gordon Daniels Council Member Amy R. Stanton Council Member Mark Wireman

The following members of Town Council were absent: Council Member Gary Savoie

The following members of staff were present: Town Manager Scott Kaufhold, Attorney George Sistrunk, Town Clerk Kelley Southward, Director of Planning and Neighborhood Services Rox Burhans, Director of Finance Jim Wojtowicz, Communications Coordinator Mike Parks, Engineer Project Manager Adam McLamb and Contract Analyst Vicky Watts.

Guests Present: there were approximately 20 guests in the audience.

1. CALL MEETING TO ORDER & PLEDGE OF ALLEGIANCE Mayor Alvarez called the meeting to order at 6:30 PM and led everyone in the Pledge of Allegiance to the Flag.

2. AGENDA ADDITIONS & DELETIONS • Councilwoman Stanton requested to add “Honorary Mayor for the Day, Sam Cox, Independence Day 2016” Proclamation to Presentations (item 4a); the motion carried by a unanimous vote. • Councilman Cohn moved to remove New Business Items 11c, 11d, & 11e from the agenda; the motion carried by a vote of three (3) to one (1) with Councilman Daniels voting in the opposition. • Councilman Daniels requested to remove from the Consent Agenda item 8a Budget Amendments #580-#583 and move it to New Business Item 11c; it was noted that a vote was not needed to relocated this item but all concurred with moving it to New Business. • Councilman Wireman moved to add to the Consent Agenda item 8c to approve Budget Amendments #584- #602; the motion carried unanimously. • Councilman Daniels asked for clarification from the Attorney, stating that NC General Statutes gives municipalities the right to enact moratoriums and the agenda item to discuss a moratorium has been removed—is this allowed. Mr. Sistrunk noted that the NC General Statutes give municipalities to do all 1 Town Council Regular Meeting June 28, 2016 Minutes business conducted by a Town and included on the agenda and likewise gives Council the authority to set the agenda. Therefore if the majority Council elects not to include a matter on the agenda that is totally up to Council (the majority thereof). Mr. Daniels then asked how citizens were to enjoy the rights of what has been granted by the state for a municipality to act on if matters can be removed from the agenda. Mr. Sistrunk noted that such was a question of policy and it is up to Council to establish their policies.

3. MOTION TO APPROVE AGENDA Councilman Wireman moved to approve the agenda, as amended and the motion carried unanimously.

4. PRESENTATIONS a) Proclamation Mayor for the Day 4th of July 2016 Mayor Alvarez noted that Sam Cox is a boy from Indian Trail who recently won the American Music Guild’s “Union Idol” and he would like Council to approve a proclamation naming Sam Cox “Mayor for the Day” for the 4th of July. Unfortunately Sam could not attend the meeting this evening. Mayor Alvarez read the Proclamation. Councilman Daniels moved to approve the Mayor for the Day Proclaiming Sam Cox as such on July 4, 2016 and the motion carried by way of a unanimous vote.

5. PUBLIC COMMENTS • Samantha Towns of 104 Pine Lake Drive addressed Council thanking the Parks & Recreation Department for a job well done on this year’s Jazz Festivals. She is thoroughly enjoying the Jazz Festivals at Crossing Path’s Park on Friday evenings and hopes everyone will come to the next one on July 22nd. • Kim Light of 4021 Brookforest Lane in the Ashecroft subdivision addressed Council about the Ashecroft Drainage Study to be discussed tonight during Old Business. She has read the survey and felt the consultant had recommended the 4th option. While this option appears to be a viable solution to address future runoff she was curious about what would be done to clean up the mess and damage from the runoff that occurred from the construction site across the street that was pumping water off their site from roughly December 2015 to March 2016. There is standing water in the ditch behind her home that is 4”-6” deep and has weeds and other things growing in it. The area is also harboring insects and animals. The water never completely dries up because there is nowhere for the water to go. All of the mess is a direct result from the construction site across the street and she does not believe it should be her responsibility to clean the mess up. Ms. Light said that trench has become so deep from the water erosion that there are exposed pipes and wires. Ms. Light said she is pleased that there are proposals to fix the problem from occurring in the future but wanted to know the plan to fix the damage that has already occurred from no fault of her own. • Marguerite Holm of 4023 Brookforest Lane in the Ashecroft subdivision also addressed Council about the Ashecroft Drainage Study. She was thankful to Council for having the study done and available on-line for review prior to the meeting. The options are expensive but as Ms. Light pointed out there is nothing addressing a fix for the damage that has occurred. She also asked Council to consider addressing the damage that has occurred in addition to fixing the drainage so that no further damage occurs. • Mike Mower of 2022 Canopy Drive noted that this was he and his wife’s first time attending a Council meeting. They came to hear about the residential development moratorium that has been removed from the agenda. He is concerned about on-going development and is curious about the unified overall plan for development in Indian Trail. He opined that a moratorium on development would give the town and concerned citizens’ time to look at the town as a whole and determine how best to move forward with a plan that unifies development in Indian Trail. The Mower’s have lived here for eight years and enjoy living here and hope to retire here. • Michael Faulkenberry of 579 Picketts Circle addressed Council; a verbatim written copy of his statements are attached hereto and made a part of these official minutes.

6. LAW ENFORCEMENT UPDATE Captain Coble noted that school is out and you can tell by the eggs being cooked on the sidewalks. There have been some minor vandalism cases such as egging and spray painting that has been occurring; teens are suspected in most of these cases. They have received some good leads in an on-going armed robbery that occurred recently. Councilman Daniels asked if there was an increase in adolescence travels on the streets from prior years. Captain Coble said he has not notice such being worse than any other year.

2 Town Council Regular Meeting June 28, 2016 Minutes

7. DEPARTMENT UPDATES: a) Department Update: Planning & Neighborhood Services—Rox Burhans Mr. Burhans gave an update on the Virginia Trace project—a 92 lot single family home subdivision located at the intersection of Sardis Church Road and Oakwood Lane. The subject property is not currently located within Indian Trail and requires an annexation. At their June Meeting the Planning Board recommended approval of the subdivision by a vote of 5 to 2. The two dissenting voters had concerns about traffic in the vicinity. Councilman Cohn asked why the Planning Board was looking to approve a project not located in Town. Mr. Burhans noted that the Planning Board is just advisory; they don’t approve/disapprove any projects but rather make recommendations to Council. Mr. Burhans further explained that once this reaches Council the first order of business will be for Council to approve the annexation. Then, Council will have to assign a zoning classification to the property. In this case the applicant is requesting voluntary annexation and a zoning classification of SF5with conditional zoning for a proposed subdivision. If Council isn’t interested in the conditional zoning then the applicant may not be interested in incorporating the property into the municipal limits. Currently the property is located in unincorporated Union County. Essentially what the Planning Board has recommended is that if the Council elects to approve the annexation request they have recommended this zoning for the property as well as recommended the proposed subdivision. Councilman Wireman was curious as to why the Planning Board would take up their time reviewing a project that hasn’t yet incorporated. Mr. Burhans noted that received applications go through the process; the Planning Board doesn’t get the opportunity to say they will not address a received application. Mr. Burhans believed the matter will start its process with Town Council as early as next month.

Mr. Burhans also gave update on the Heritage Rezoning Project this is a proposed conditional rezoning that is partially located in Indian Trail and partially located in Wesley Chapel. The larger portion of the property is in Indian Trail. The project proposes 430 lots; roughly 2/3 of the project is a senior, age-restricted community with the remaining 1/3 of the project traditional housing for families of all ages. Community meetings were held on June 22nd with about 40 attendees. Topics of concerns were environmental factors and a road tie-in to the Taylor Glenn neighborhood. Additionally, there were queries about making the entire project for seniors. The next step in this project is to go to the Planning Board. Councilman Wireman asked where they were in the Wesley Chapel process. Mr. Burhans understands the matter was to be heard at their Planning Board last night but there was a power outage that precluded the meeting from occurring. Councilman Cohn understands that Wesley Chapel would prefer Indian Trail to make a decision first since the bulk of the project is in Indian Trail. Mr. Burhans noted that if Wesley Chapel is slated to make a decision prior to Indian Trail they intend for their approval to be contingent upon ours.

A conditional rezoning application for light industrial on Radiator Drive has been submitted; Council recently approved a text amendment allowing light industrial in this area.

A new Planning Technician, Ryan Lipp, has started employment with the department—the team is excited to have him. Unfortunately, Kevin Icard, Senior Planner has left Indian Trail to take a Planning Director position at a beach community in South Carolina. While he will be missed by staff here, everyone is happy for Kevin and his new opportunity. The second Code Enforcement vehicle will be purchased after July 1st; we will likely go with the state contract for the purchase.

8. CONSENT AGENDA a) Approval Budget Amendments #580-#583 this item was moved to New Business during the approval/adjustment of the agenda.

a) Approval of Draft Minutes June 13, 2016 Regular Town Council Meeting b) Approval of the 2016-2017 Powell Bill Map c) Approval of Budget Amendments #584-#602

Councilman Daniels moved to approve the Consent Agenda; the motion carried unanimously.

9. PUBLIC HEARINGS None 3 Town Council Regular Meeting June 28, 2016 Minutes – Please adhere to the following guidelines: • Proceed to the podium, and state your name and address clearly; • Be concise; avoid repetition; limit comments to three (3) minutes or less; • Designate a spokesperson for large groups

10. OLD BUSINESS ITEMS a) Second reading of ZT2016-005 Crooked Creek Wastewater Treatment Plant Exemption: a proposed UDO text amendment to Chapters 110.080 and 520.020G to exempt existing and future onsite improvements at the Union County Crooked Creek Wastewater Treatment Plant from UDO requirements at Parcel #07066015B; applicant is the Town of Indian Trail. A public hearing for this proposed UDO text amendment was held by Council on June 13, 2016; the consistency findings were approved. A simple majority vote was obtained on June 13, 2016 for the proposed amendment but a 4/5 vote was required at that first reading. (Mr. Burhans)

Councilman Daniels said that at the June 13th meeting it was stated that this water treatment plant was being extended to add capacity for new developments. Councilman Daniels said that such is not accurate. The proposed expansion is because the current equipment is worn out. The upgrades would only address the properties currently being served.

Councilman Daniels requested to table the matter until Councilman Savoie could be present for a true super majority. Councilman Cohn noted that this is a second vote and a super majority is not needed at a second vote, rather just a simple majority is needed. So, assuming the vote goes the way it did last time, with Mr. Savoie present, it wouldn’t make any difference—the amendment would pass this time with the vote of last meeting. Councilwoman Stanton said that she has not heard or seen anything from Councilman Savoie requesting this to be held and it was noted at the June 13th meeting that this item would be included on this agenda. Mayor Alvarez called for a vote on the motion to table this matter and motion died by a vote of one (1) to four (4) with Councilman Daniels being the only member to vote in favor of tabling. Councilman Wireman moved to approve the consistency findings as read into the record by staff on June 13, 2016; the motion carried by a vote of three (3) to one (1) with Councilman Daniels opposing.

Councilman Wireman moved to approve ZT2016-005 (Ordinance #0160613-242) as presented by staff on June 13, 2016; the motion carried by a vote of three (3) to one (1) with Councilman Daniels opposing.

b) Council consideration of the Ashe Croft Drainage Study. (Mr. Kaufhold)

Mr. Kaufhold introduced this item and noted that Adam McLamb, Engineering Project Manager would be presenting the bulk of this item. USI is the consultant that has provided this study. Mr. Kaufhold clarified from a comment made during public comments that the consultant has not endorsed any of the options they have included in the study. Rather, staff has recommended Alternative#1 of the 4 Alternatives for repair provided by USI. Mr. Kaufhold noted that the developer of the subdivision under construction across the street from Ashe Croft was asked to bring their temporary stormwater controls up to the permanent standards when USI was first contracted to perform this study. That contractor complied. So, while the conditions of the pumping the temporary stormwater ponds at the construction area has ceased, which caused a lot of the damage at Ashe Croft, there still needs to be an effort to clean up and repair the damage so that situation does not worsen with future rain events.

Mr. McLamb presented pictures showing the current conditions. Part of the problem is that residents in Ashe Croft have encroached a recorded 15-foot drainage easement over time. The encroachment of the drainage easement is preventing water from flowing as it was designed to do. The Ashe Croft subdivision is about 25 years old. Some pictures showed structures within a few feet of the drainage easement. The Study provided four solutions for the Town’s consideration with cost estimates for each:

Alternative 1-Upgrade the existing channel $177,000

Alternative 2-Pipe the existing channel $281,000 4 Town Council Regular Meeting June 28, 2016 Minutes

Alternative 3-Upgrade the upstream detention $5,900 (Mr. Kaufhold noted above that this was already done while the study was being conducted)

Alternative 4-Reroute the existing drainage along Brookforest Lane in a new pipe system $261,000

Staff is recommending Council choose Alternative 1. During discussions it was noted that the 15-foot drainage easement has been there since the development was recorded. Property owners who bought in the area was presented this information minimum in their deed, at a minimum. If Alternative 1 is selected the 15-foot easement will have to be restored. The Town will have to work with property owner about relocating and/or removing any structures that have been built in the easement. A member of the Home Owner’s Association (HOA) Board for Ashe Croft was present noting that since the ditch is a recorded drainage easement they have no authority to make property owners maintain the ditch as it runs along their individual properties. Mr. McLamb noted that the drainage easement is not platted “public” in the sense that the Town must maintain the ditch but rather that public water may run through the ditch.

Mr. McLamb noted that if Alt 1 is selected there is about 600 feet of ditch that would be graded to get the required slope. Some fill will have to be added along the sides. Approximately 11 feet of the 15-foot easement would be taken up by the actual ditch from top side to top side.

Councilman Daniels opined that piping the channel (Alt 2) might be a better solution and offer a more long-term solution. Staff noted that the Town’s general practice has been that they do not pipe existing channels/ditches. This is a standard industry practice as piping restricts some of the saturation that a ditch provides for. Additionally, if the Town installs a pipe then it is the Town’s responsibility to maintain the pipe. Access/maintenance easements would likely have to be purchased from property owners; there are approximately 18 affected properties. Residents from Ashe Croft felt it would not be possible to obtain property from all 18 residents. Mr. Kaufhold noted that condemnation processes would have to be implemented further complicating this Alternative and possibly driving the cost very high due to legal fees.

Ms. Light, from the audience, noted upon query from Councilman Daniels that about 1/3 of her back yard is saturated. Further the ditch is now about three feet deep and it wasn’t that way a year ago. She felt that piping the ditch was unrealistic. If the channel would just flow properly again that would be sufficient. The drainage easement worked for 25 years until the contractor for the new development across the street was pumping their temporary stormwater ponds into the ditch. If the ditch could be repaired from that damage it lends to reason that it should work again as it did in the past.

Town Council provided unanimous direction to staff to move forward with Alternative 1—to upgrade the existing channel for the approximate cost of $177,000.

Mr. Kaufhold reiterated what was explained to Council when they approved this study; there are three costs to bring this matter to completion. Based upon this direction, the consultant will produce a fee proposal for construction and design plans next; the second cost in this process (the study being the first cost). The third cost will be the actual construction cost. Staff estimated it to be about 30 days before the fee proposal for design plans would be back before Council. Hopefully, construction can begin in the fall.

11. NEW BUSINESS ITEMS a) Faith Church Road Corridor Study—Information only at this time. (Mr. Kaufhold)

Mr. McLamb noted that this study has been on-going for a long time. Specifically, it is to extend Faith Church Road across HWY 74 around the Harris Teeter Distribution Center through (what will be) the Sage Croft subdivision, through mostly platted areas of Brandon Oaks and into Wesley Chapel. The entire extension is roughly 4.6 miles. In 2000 the Town conducted a thoroughfare alignment study which resulted in having the project added to the 1999 Mecklenburg Union Metropolitan Planning Organization (MUMPO) Thoroughfare Plan. At that time the project was proposed to be a 2-lane road with an 80-foot right-of-way (ROW). As recently as 2014 the Town’s Comprehensive Plan suggests a 4-lane road with a median totaling a 5 Town Council Regular Meeting June 28, 2016 Minutes 112-foot ROW and a posted speed limit of 35 mph. Now, we are planning through 2040 with the Metropolitan Transportation Plan (MTP).

The environmental constraints involve existing conditions, known/planned development and future development. The proposed roadway crosses multiple streams and flood plains. Additionally, the proposed roadway crosses several exiting homes.

In an effort to see if this is still a viable project Mr. McLamb has split the project into Segments A, B and C. ROW has been reserved in much of Segment A: at the Harris Teeter Distribution Center and in the Sage Croft development. Segment B includes a portion of Sage Croft; again ROW has been dedicated in this neighborhood for the project. Some ROW in Brandon Oaks was dedicated but there is an area in Brandon Oaks where the ROW was not dedicated for this extension project. There is ROW dedicated in Segment C.

The following Potential Impacts were presented:

Floodplain, Stream, Wetland Impacts

Wetland Floodplain Impacts Stream Impacts Impacts Length # Linear # Segment Acres Acres (mi) Crossings Ft. Crossings

A 1.3 0.6 1 933 2 0.9

B 1.9 12.3 2 2,982 10 1.1

C 1.4 11.1 1 1,608 6 3.5

TOTAL 4.6 24.0 4 5,523 18 5.5

Property Impacts

Total Acres # Structures Segment Total Takes Partial Takes Impacted Impacted

A 35.6 1 7 0

B 34.5 6 30 1

C 31.1 0 13 0

TOTAL 101.2 7 50 1

The following estimated construction costs were presented:

Construction Costs

Segment Length (mi) # Culverts Conceptual Construction

6 Town Council Regular Meeting June 28, 2016 Minutes

Cost

A 1.3 0 $14.2 million

B 1.9 3 $19.7 million

C 1.4 4 $15.8 million

TOTAL 4.6 7 $49.7 million

Construction Costs – Segment A

Conceptual Responsible Segment Limits Length (mi) Construction Party Cost

US 74 to CSX grade A-1 0.37 $3.4 million Town Separation

A-2 CSX Grade Separation 0.42 $6.1 million Town

CSX Grade Separation Developer A-3 0.46 $4.3 million to Old Monroe Road (Sagecroft)

Staff recommends keeping Segment A as proposed—extension between US 74 and Old Monroe Road. Abandon Segments B and C: Segment B has high costs and impacts, runs through Brandon Oaks; Segment C has highest wetland impacts and the highest per mile cost; it does not have logical terminus without Segment B and is not compatible with the Heritage site plan. Additional recommendations include widening Wesley Chapel Road to 4 lanes and propose a new connection between Beulah Church Road and Tan Yard Road to improve connectivity between Weddington, Wesley Chapel, Indian Trail and Monroe. Wesley Chapel has helped to create the realignment. Wesley Chapel needs to present the proposed changes to their Council and then this will be presented to TCC and the MPO. After all presentations have been made there will be a 30-day public comment period and there will be a public meeting during that time. After that, a final study will have to be completed; then presentations again to the two Town Councils, TCC and MPO and then the original plan can be removed from the Thoroughfare Plan. This is a very long process.

b) Council consideration to appoint a member of Council or staff to represent Indian Trail on the committee that will be created to formulate the scope of work for the fire fee study that the Town of Indian Trail has committed to contributing $5,000 to be a part of along with Stallings and possibly other adjacent municipalities. (Mr. Kaufhold)

After some brief discussion Councilwoman Stanton moved to appoint Alicia Massey, Tax Collector, and Mayor Alvarez to any committee that may be formed regarding this fire fee study. The motion carried by a vote of three (3) to one (1) with Councilman Daniels voting in the opposition.

c) Council consideration to establish the policy and practice to have a secular prayer to open each Indian Trail Council Meeting. (Councilman Daniels)

This item was removed during additions and deletions of the agenda.

7 Town Council Regular Meeting June 28, 2016 Minutes

d) Council consideration to give a donation of $3,000 to the Porter Ridge Athletic Association and to the Indian Trail Athletic Association to allow Indian Trail residents who have financial limitation to have their children participate in these athletic programs. (Councilman Daniels)

This item was removed during additions and deletions of the agenda.

e) Council to consider directing the Town Attorney to draft an ordinance to enact a 10-month moratorium on the approval of any multi-family (apartments) dwelling units and any single-family residential units. (Councilman Daniels)

This item was removed during additions and deletions of the agenda.

c) Council consideration to approve Budget Amendments #580-583 (this item was moved from the Consent Agenda to this location during additions and deletions of the agenda)

There was no discussion; Councilman Wireman moved to approve Budget Amendments #580-#583; the motion carried by a vote of three (3) to one (1) with Councilman Daniels opposing.

12. DISCUSSION ITEMS a) Business/Technology Park discussion with Mr. Chris Platé, Director of Monroe Union County Economic Development (MUCED).

Mr. Plate, Director of MUCED, addressed Council about how to begin planning for a Business/Technology Park in Indian Trial. He asked Council to think about their goal: does Council want to create Information Technology (IT) jobs or manufacturing jobs or some combination of the two? Where is Indian Trail going to be successful and what is our competiveness? Next, the Town should identify possible constraints. Funding is almost always a constraint. Which can lead to other questions or things to consider such a taking on a partner in this venture—and if you take a partner do you want a public or private partner? What land is available for the park and is there sufficient infrastructure for that site (or available to the site)?

Other basic questions that need to be discussed and answered include: What is the future vision for the Town of Indian Trail? What industry sectors could provide long-term job opportunities for Indian Trail? Within those sectors, what businesses and/or industries does Indian Trail want to target? What size buildings and amenities do those type of businesses need? Is there a current zoning that will support these businesses? Does the current zoning allow for other non-compatible uses?

Mr. Plate recommended that the next step in moving forward would be to establish a small, 5-person task force made up of 2 Town Council members, Town Manager, Town Planning Director and himself. Have some recommendations for Town Council by the second meeting in September. The recommendations should include target industries, recommended building restrictions/covenants, site location(s), list of potential partners (if any) and overview of potential costs to the Town.

Councilman Daniels asked Mr. Plate if he felt a public or private partnership would be better. Mr. Plate didn’t know if one was always better than another for a municipality. It depends upon on who is available and willing to work with the municipality.

Councilman Wireman recognized Mr. Plate for his recent award in his area of expertise. He also thanked Mr. Plate for coming this evening and all the assistance he has provided to the Town.

Councilman Daniels also recognized Mr. Plate for his recent award and asked who are biggest competitors are in the area. Mr. Plate said that Indian Trail would be competing with any other municipality that is located in this same ring around Charlotte: Concord, Rock Hill, Fort Mill, Gastonia and Mooresville to name a few. 8 Town Council Regular Meeting June 28, 2016 Minutes Councilman Daniels asked if Indian Trail was competing against any closer towns such as Matthews, Mint Hill, Monroe or Weddington. Mr. Plate noted that companies don’t care about lines a lot of times it comes down to tax rates. If a company wants to locate in the region of the towns just named by Councilman Daniels then they will likely use the tax rate and site availability as determining factors. If all those municipalities had a site to accommodate a company and zoning processes were fairly comparable then they would likely go with the municipality that has the lowest tax rate. Indian Trail’s close proximity to the interstate and low tax rate makes the town very competitive.

13. UPDATES a) Manager’s Update: Scott Kaufhold, Town Manager: reminded everyone of the 4th of July Parade—things kick off around 9:30 AM, Parade line-up at 10:30 AM and begins moving about 11:30 AM. Council should speak with Susan Didier if they are interested in riding in the Parade this year.

14. COUNCIL COMMENTS

• Councilman Wireman noted that the Jazz Festivals are wonderful events. He thanked Mr. Plate for his presentation. He thanked Council for handling the flooding issues in the Town such as the problem in Ashe Croft. He wishes the process was faster moving but is happy that there is forward progress. There were three agenda items removed. The comment was made that the state statutes allow us to invoke a moratorium but that could be said about all action taken by Council. One thing that statutes allow is for Council to set the final agenda which means making changes to the proposed agenda; until Council approves the agenda in open session of the meeting the agenda is simply a “proposed agenda”—Council has the right to make changes to the proposed agenda before approving the agenda. He finds it odd that over the past two years on Council one member had in that time only ever requested three items on agenda. Now, over the past several months that one Council member is requesting 3 and 4 items per agenda. It makes one look at the requested items and think about what is really best for the Town. Councilman Wireman felt that the three items requested by this Council Member for this agenda were a distraction. In particular with the moratorium there is an entire significant process that would have to be followed when considering a moratorium. At the end of the day Council has final decision regarding any development that takes place in town. The previous Council approved 1,800 or so apartments and now members of that approval want to implement a moratorium. Councilman Wireman hopes all will enjoy the 4th of July; he will be out of Town but is sure the parade will be a wonderful event. • Councilman Cohn was happy to see some new faces in the audience this evening. He took the three agenda items off for good reason. First, the secular prayer item. Councilman Cohn said that he is proud to be a Christian. His understanding of secular prayers at Council meetings means that each week someone of a different religion would come in and say a prayer of their religion. If we really want to have prayer why don’t we just have a moment of silence and everyone can pray to their own God. He believes that some people may find it offensive to have to pray to a different God. If you want to pray, pray before you come to the meeting let’s not upset anyone over this. Councilman Cohn reiterated Councilman Wireman’s point that the member including these three items had only put three items total on agenda in two years. Now that this Councilman is running for a State office we are getting three and four items per agenda—it’s political grandstanding. Second regarding the donations to the two athletic associations. The associations didn’t ask for a donation from the Town. Councilman Daniels started a couple meetings ago with this by asking to give the associations $15,000 without even talking to the associations. Now he’s backed it up to $3,000. Councilman Cohn said that he contacted the director of one of the associations and asked if anyone had contacted him about the $3,000 donation; no one had contacted the director about the matter. Councilman Cohn felt it was odd that you would include an agenda item for donation to an organization without evening contacting the organization. There are a lot of non-profit organizations in this town that we could give money too but it is the taxpayer’s money. He said it is not his job to give away taxpayer’s money just because he is running for office. Finally, regarding the moratorium on residential development. Councilman Cohn said he is irritated by this because he was the only one that voted against the apartments because the residents did not want the apartments. Councilman Cohn said he believes Councilman Daniels took developer money and voted in favor of the apartments. And now Councilman Daniels wants to put a moratorium on multifamily and single family residential development? The current Council is fairly conservative and the previous Council, in his

9 Town Council Regular Meeting June 28, 2016 Minutes opinion, rubber-stamped all development. He feels Councilman Daniels’ actions are very hypocritical. Councilman Cohn said it was like the second Sheriff’s Station—last year Councilman Daniels didn’t support the Sheriff’s Department now he’s wanted a second station for them but didn’t even check with them to see if they want or need a second station. This is the kind of thing that Council is sitting through every week. Councilman Cohn is confident that this Council cares about the residents and is going to do the right thing. Councilman Cohn said that he is tired of the political grandstanding. Councilman Cohn wished everyone a safe 4th of July; he and his family will be in the parade. • Councilwoman Stanton said that she has been working somewhat behind the scenes with DOT. Unionville Indian Trail Road and Sardis intersection improvement project has been ranked 4th of 30 for grant funding— which means we stand an excellent chance of being approved for $2 million towards this project. Councilwoman Stanton said that while she has not been able to attend the meetings for CRTPO she is working on matters on the Town’s behalf. She is thankful that Council has been agreeable with her working in this way. Councilwoman Stanton is grateful matters are moving forward with the Ashe Croft drainage situation. Councilwoman Stanton said that in working with DOT she has learned that during consideration of new residential developments they have software and standards to determine how residential developments will impact area roadways. Unfortunately, the previous Council never utilized the resources when considering developments. Rather, she agreed with Councilman Cohn that the previous Council was rubber- stamping everything. There are tools available that this Council will use in order to make educated and thoughtful decisions with new developments. She opined that there are other measures that can be put on the books for ensuring Council makes good decisions; a moratorium isn’t the only or even best way to ensure developments are carefully considered. This Council cares about the residents and our infrastructure. Councilwoman Stanton also plans to be in the 4th of July Parade and wishes everyone a happy and safe 4th of July. • Councilman Daniels said that he reached out to Captain Coble many times in considering a second Sheriff’s Substation. When he was looking at a police department last year he was actually trying to get the Town a better contract with the Sheriff’s Department—he is a numbers man. Councilman Daniels doesn’t believe the number of agenda items a member includes on agenda is relevant; if it is a good item then it should be considered. The first night he was sworn into office he included an agenda item. He also requested a resolution addressing the school redistricting. The new Town Hall was being worked on for 15 months; when that concluded he began submitting agenda items again. Councilman Daniels said that in the body of his memo requesting the moratorium on residential development he outlines the 4 steps necessary as well as provides a statement for problems and solutions. These are items required by statute and they were addressed. Councilman Daniels said he did not think up this moratorium; it came from a taxpayer that sent an email to him and the Mayor. He felt it was a good idea and can’t help if some look at it as political grandstanding. He said if he sits back and does nothing when a resident asks for assistance then he is not a very good Council Member. As for secular prayer, this country was founded on freedom of religion; he asked for secular prayer because he didn’t want to leave anyone out which would be the case if he had simply asked for prayer. United States Congress has prayer, County Commissioners, State bodies and other municipalities have prayer before meetings; Indian Trail is in the minority by not having prayer at the start of their meetings. He said that he did not contact the athletic associations about the $3,000 because it is not for them but for the children of Indian Trail. The intent was for them to have more summer programs for our children. Councilman Daniels said that he is not a rubber stamp person. He read a statement of problems and solutions from his memo on the moratorium: “in 2015 several Council members campaigned about stopping the multi-family and single family residential development until the Town upgraded our streets, highways, and roads. I agree with these current Council members and the Town over the next 10 months should develop a comprehensive Traffic Congestion Plan so that all of the new multi-family and single family can be thoroughly reviewed against the is plan. We should also amend the UDO to make sure any future development aligns with our Traffic Mitigation Plan.” If you are going to keep campaign promises that noble but how are you going to stall development until? NY had Mayor Kotch who said a good idea is a good idea and doesn’t matter if it comes from a democrat or a republican. Councilman Daniels said that the Council Members appointed to outside committees such as CCOG and CRTPO are not attending meetings. If they are too busy to attend then they should just say that so Council can appoint someone else. You can’t work from home all the time because you can’t cast votes and make a presence from working at home. Councilman Daniels felt that Council has hurt our economic development by disbanding the EDAC and pulling out of the QUAD. He felt

10 Town Council Regular Meeting June 28, 2016 Minutes that a moratorium on residential development would not hurt the economy. He will continue to put items on the agenda that he feels will benefit the Town. He asked that Council not remove items just because they don’t like him personally; a good idea is a good idea no matter who it comes from. Councilman Daniels said he is very disappointed in this Council this evening. Whatever he did two years ago is based upon what was going on two years ago—yes, he voted for an apartment complex. He wished everyone a great 4th of July and hopes to see everyone at the next meeting on July 12th. • Mayor Alvarez said that politics are a dirty animal and there are always three sides to every story. He urged residents to seek the truth, which cannot be found on social media. Mayor Alvarez said yes, many other government entities have pray at the start of meetings and they all end with “in Jesus name, amen”; they are not secular prayers. He said that he follows the rules made by Council. He said it doesn’t work to diffuse a bomb after it has gone off. He urged everyone to remember the meaning of the 4th of July—our Independence Day. He thanked those who fight and serve and protect our nation. He wished everyone a safe and happy 4th of July.

15. CLOSED SESSION: none

16. ADJOURN : Councilwoman Stanton moved to adjourn the meeting at approximately 8:47 PM and the motion carried unanimously.

(SEAL) ______Michael L. Alvarez, Mayor

Attest:

______Kelley Southward, Town Clerk

11 Town Council Regular Meeting June 28, 2016 Minutes Town of Indian Trail

Memo

TO: Mayor and Town Council

FROM: Patrick Sadek, P.E. Director of Development Services Division

DATE: 04/14/2017

SUBJECT: U.S. Hwy. 74 Multi-Use Trail Funds Reallocation

As approved by Council, Town staff had met w/ the Charlotte Regional Transportation Planning Organization (CRTPO) Oversight Committee and proposed reallocation of transportation funds from an approved CRTPO funded trail project (U.S. Hwy. 74 Multi-use trail) to a locally funded roadway project (Chestnut Pkwy. Ext Phase III). Staff has shared w/ the Committee the reasons behind the request. As follow, reallocating the funds will:

1. Advance construction of Chestnut Pkwy Ext. Phase III (Grible to Monroe). 2. Will improve mobility and relief congestion during the ongoing construction of the Monroe Connector and during future construction of the Monroe widening project and Independence superstreet project. 3. Allow the Town and NCDOT to coordinate the design and construction of Chestnut Pkwy. Phase II and III. NCDOT is advancing the design work and construction of Phase II which is funded and managed by NCDOT. The design of Phase III is funded by the Town and currently at a 65%- design completion.

Unfortunately the CRTPO Committee didn't endorse reallocation of the funds. The Town can still elevate the request to the Transportation Technical Committee (TCC) and to the MPO if Council chooses to do so.

PO Box 2430 . 130 Blythe Drive . Indian Trail . North Carolina . 28079 . (704) 821-1314 . Fax (704) 821-1381

Town of Indian Trail

Memo

TO: Mayor and Town Council

FROM: Patrick Sadek

DATE: 04/14/17

SUBJECT: Storm Drainage CIP – Cottage Creek Rd. (Traewyck Subdivision)

Town staff has met w/ Union County Public Works Engineering (UCPWE) and discussed the original storm drainage channel design that was proposed by the consultant (USI). The original design was proposed to be installed w/in the Waste Treatment Plan's (WTP) right-of-way. UCPWE showed concerns that the channel design requires more right-of-way which will conflict w/ future maintenance of the newly installed service road, existing overhead utility, and the property fence. UCPWE and staff agreed to modify the original channel design and replace it w/ an underground reinforced concrete pipe (RCP)that will have no conflict w/ existing facilities and their maintenance.

Staff has authorized the consultant USI to make the design adjustment. Staff will resubmit plans back to UCPWE for review and approval and immediately after will request Council's approval to move forward w/ construction.

PO Box 2430 . 130 Blythe Drive . Indian Trail . North Carolina . 28079 . (704) 821-1314 . Fax (704) 821-1381

Town of Indian Trail

Memo

TO: Mayor and Council

FROM: Patrick Sadek, P.E., Director of Development Services Division

DATE: 04/14/2017

SUBJECT: Sardis Rd./Unionville Indian Trail Roundabout Local/State funding Match

The Town has executed a funding agreement w/ North Carolina Department of Transportation (NCDOT) for Sardis Rd./Unionville Indian Trail Rd. W. roundabout. Thereafter the Town has authorized the project consultant to move forward w/ design. Surveying activities should be ongoing and utility location and coordination w/ Union County Public Works (UCPW) to follow.

During a previous council session, staff has reported to council a 20%/80% funding match instead of 25%/75%. Staff has verified the correct match (25%/75%) w/ both NCDOT and CRTPO and therefore reporting it.

PO Box 2430 . 130 Blythe Drive . Indian Trail . North Carolina . 28079 . (704) 821-1314 . Fax (704) 821-1381

CONTRACT FOR SERVICES

This Contract for Services (this “Contract”) is made and entered into this ___ day of April, 2017 (“Effective Date”), between The Town of Indian Trail (“Town”) and God Bless the USA, Incorporated ("Contractor”).

For and in consideration of the mutual promises set forth in this Contract, the parties do mutually agree as follows:

1. Obligations of Contractor. The Contractor agrees to provide for the collection and disposal of Solid Waste, Recyclables, Bulk/E-Waste, Yard Waste, and Storm Debris and other additional collection and disposal services (collectively the “Services”), as more particularly described and in accordance with the terms and conditions stated herein including the Scope of Services, Prices, and Terms for Solid Waste and Recyclables Collection and Disposal (the “Price and Scope Summary”) attached hereto and incorporated herein by reference as Exhibit 1 and the Town’s Request for Proposals for Municipal Solid Waste, Yard Debris, Recyclables and Bulk Item Collection dated October 17, 2016, as amended (the “RFP”), a copy of which is attached hereto and incorporated herein by reference as Exhibit 2. In the event of any conflict between any terms and conditions of the Contract, the terms and conditions most favorable to Town shall control.

A summary of the Services provides and corresponding pricing is as follows:

Frequency Service Rate Tipping Fee I. Paid Services Solid Waste Monthly rate for Price/Household/Month Collection Service once per- week collection & $3.99 $32.50/ton disposal of (subject to possible (price not to exceed residential adjustment for CPI as above at GB Transfer, garbage using a 96 provided in Section 7.1 of subject to possible gallon rollout cart. Exhibit 1 and increase upon adjustment as provided designation of a different in Section 7.3 of Exhibit Disposal Facility for Solid 1) Waste by Town as provided in Section 7.3 of Exhibit 1)

Recyclables Collection Monthly rate for Price/Household/Month Service once biweekly

residential $2.55 $0 recycling service (fixed for term of Contract) in a 96 gallon (fixed for term of rollout cart. Contract)

Bulk/ E-Waste Quarterly rate for Price/Quarterly Collection Service once per-quarter $0 $32.50/ton collection & (fixed for term of Contract) disposal of (price not to exceed residential bulk/E- above at GB Transfer, waste material. subject to possible adjustment as provided in Section 7.3 of Exhibit 1)

Yard Waste Monthly rate for Price/Household/Month $18.00/ton Collection Service once biweekly $1.09/home/month residential (fixed for term of Contract) (price not to exceed curbside yard above at GB Transfer, waste service / subject to possible adjustment as provided in Section 7.3 of Exhibit 1)

Storm Debris As needed Service Rate $18.00/ton Collection Service (Hourly Rate Per Hour, Per Two-Manned Truck) (price not to exceed $125/hour above at GB Transfer, (fixed for term of Contract) subject to possible adjustment as provided in Section 7.3 of Exhibit 1)

II. Services Provided at No Additional Charge (costs included in above fees; see Exhibit 1 for a more detailed description) - Above Services to Town Facilities - Recycling/Solid Waste Services for Parades/Special Events - Temporary Restroom Services for Parades/Special Events - Above Services to Public Schools - Enhanced Recycling Services - Provision/Maintenance of Collection Bins - Elderly and Disabled Service - Alley Collection - Promotion and Education about Collection Procedures and Benefits of Recycling and Environmental Stewardship. - Public Information Meetings

- Customer Service - Value Added Services

The Services shall be provided within the corporate limits of the Town. A map showing the corporate limits is attached to the Price and Scope Summary.

The Contractor shall begin the “Implementation Planning” as defined in the Price and Scope Summary promptly after the execution of this Contract.

The Contractor shall begin collection Services on July 31, 2017.

The Term of this Contract is set forth below.

The Contractor agrees to perform the Services in a timely, complete, and professional manner and in accordance with the terms and conditions of this Contract. Furthermore, the Contractor represents and warrants that (i) it is duly qualified and licensed to provide the Services and has the qualifications submitted to the Town in its proposal, (ii) it will provide the Services in a manner consistent with the level of care and skill ordinarily exercised by contractors providing similar services under similar conditions, (iii) it possesses sufficient experience, personnel, and resources to complete the Services, (iv) it shall perform the Services in compliance with applicable laws, statutes, ordinances, codes, orders, rules and regulations, and (v) its reports, if any, shall be complete, accurate, and unambiguous.

2. Obligations of Town. Town agrees to pay the Contractor for the Services in accordance with the Price and Scope Summary. The parties acknowledge that Town operates on a July 1-June 30 fiscal year and that operating funds are made available to Town on a year to year basis. Accordingly, see Section 7 of the Standard Terms and Conditions.

3. Initial Term and Town Options to Extend. The term of this Agreement and performance shall commence on the Effective Date and terminate on July 30, 2022 (the "Initial Term") unless this Contract is terminated earlier by Town as herein provided. This Contract may be renewed by the Town for two (2), two (2) year terms under the terms set forth herein, renewable one term at a time. The decision to renew will be solely the Town’s. Notice of the intent to renew will be made at least sixty (60) days prior to the expiration of the initial term or the then current renewal term. In the event the Town does not opt to renew the contract or the Town and contractor are unable to reconfirm or renegotiate unit rates for another term, the Town shall have the option of extending this contract under the terms set forth herein for a period of six months total for the purpose of completion of Services started prior to current contract expiration or until a new contract can be established.

4. Project Coordinator. Adam McLamb is designated as the Project Coordinator for the Town. The Project Coordinator shall be the Town’s representative in connection with the Contractor’s performance under this Contract. The Town has complete discretion in replacing the Project Coordinator with another person of its choosing. The Town may change the Project Coordinator by providing written notice to the Contractor.

5. Contractor Supervisor. Mark Pergolese is designated as the Contractor Supervisor for the Contractor. The Contractor Supervisor is fully authorized to act on behalf of the Contractor in connection with this Contract. The Project Coordinator may change the Contractor Supervisor by providing written notice to the Town.

6. Methods of Payment. Town will make payment after invoices are approved on a net 30 day basis. Promptly after the Effective Date, and in no event later than thirty (30) days of the Effective Date, the Contractor shall submit copies of standard billing forms and coordinate with the Town’s Finance Department to establish mutually acceptable billing documents. The Town will retain full auditing rights of contractor’s accounting records as they pertain to the Town’s contract. Town will not pay for any Services in advance without the prior approval of the Finance Officer. After commencement of collection Services, Contractor to shall submit invoices on the following schedule: by the fifteenth (15th) day of the month, beginning August 15, 2017. The Contractor’s sole recourse for payment is with the Town only, and not to any customer of the Town.

7. Standard Terms and Conditions: Contractor agrees to the Standard Terms and Conditions set forth as Attachment A, attached hereto and incorporated herein by reference.

8. Counterpart Execution. This Contract may be executed and recorded in two or more counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. Each party shall be entitled to rely upon executed copies of this Contract transmitted by facsimile or electronic “PDF” to the same and full extent as the originals.

Attachment and Exhibit List: Attachment A: Standard Terms and Conditions Exhibit 1: Price and Scope Summary Exhibit 2: RFP

[THE REST OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY] [SIGNATURES ON NEXT PAGE]

IN WITNESS WHEREOF, the Town and the Contractor have executed this Contract on the day and year first written above.

GOD BLESS THE USA, INCORPORATED Contractor Name

Signature of Authorized Representative Date

Contractor's Federal Identification # [if Contract is with Organization or Social Security Number if individual]

TOWN OF INDIAN TRAIL

______Town Manager Date

______Mayor Date

This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act.

______Town Finance Officer Date

ATTACHMENT A

Standard Terms and Conditions

1. Entire Agreement. The terms and provisions set forth in the Contract shall constitute the entire agreement between Contractor and Town with respect to the purchase by Town of the Services provided or work performed. 2. Compliance with All Laws. Contractor warrants that all performance hereunder shall be in accordance with all applicable federal, state and local laws, regulations and orders. 3. Indemnification. Contractor shall indemnify and hold harmless Town, its officers, agents, employees and assigns from and against all claims, losses, costs, damages, expenses, attorneys' fees and liability that any of them may sustain (a) arising out of Contractor's failure to comply with any applicable law, ordinance, regulation, or industry standard or (b) arising directly or indirectly out of Contractor's performance or lack of performance of the terms and conditions of the Contract. In the event Contractor, its employees, agents, subcontractors and or lower-tier subcontractors enter premises occupied by or under the control of Town in the performance of the Contract, Contractor agrees that it will indemnify and hold harmless Town, its officers, agents, employees and assigns, from any loss, costs, damage, expense or liability by reason of property damage or personal injury of whatsoever nature or kind arising out of or as a result of any negligence or willful misconduct of Contractor, its employees, agents, subcontractors, and/or lower-tier subcontractors. 4. Insurance. [Intentionally deleted, see Exhibit 1] 5. Termination for Convenience. . In addition to all of the other rights which Town may have to cancel this Contract, Town shall have the further right, for any reason, to terminate this Contract in whole or in part at any time at its complete discretion by providing sixty (60) days’ notice in writing from Town to Contractor. In its notice of termination, the Town shall provide a reason why it is terminating the Contract, but the Town shall have no obligation to provide proof to support the reason that the contract is being terminated for convenience in order to exercise its right to terminate for convenience. Provided, however, during the life of the contract, if the Town’s reason submitted in the notice of termination is a more favorable price offered or solicited from another company to perform the same or similar work, Contractor shall have a right of first refusal to match any such offer, and the Town shall give Contractor prompt written notice of any such offer and provide at least five (5) business days from receipt of such notice to respond. For clarity and by way of example, if the Town states that its reason for terminating the contract for convenience is because of poor service, complaints from the general public, preference for new technology, or any reason other than price, the Town shall no obligation to provide proof to support its reason, the Contractor shall have no right of first refusal, and the contract will terminate at the close of sixty (60) days’ notice. However, if the Town states that its reason for terminating the contract is to secure a better price from another company, Contractor shall have the right of refusal during the term of the Contract as stated above. If the Contract is terminated by Town in accordance with this paragraph, Contractor will be paid for Services provided through the termination date. 6. Termination for Default. Town may terminate the Contract, in whole or in part, immediately and without prior notice upon breach of the Contract by Contractor if Contractor fails to cure the breach within ten (10) days of receiving written notice from Town. In addition to any other remedies available to Town law or equity, Town may procure upon such terms as Town shall deem appropriate, Services substantially similar to those so terminated, in which case Contractor shall be liable to Town for any excess costs for such similar supplies or services and any expenses incurred in connection therewith. 7. Contract Funding. It is understood and agreed between Contractor and Town that Town's obligation under the Contract is contingent upon the availability of appropriated funds from which payment for Contract purposes can be made. No legal liability on the part of Town for any payment may arise until funds are made available to Town’s Finance Officer and until Contractor receives notice of such availability. Should such funds not be appropriated or allocated, the Contract shall immediately be

terminated. Town shall not be liable to Contractor for damages of any kind (general, special, consequential or exemplary) as a result of such termination. 8. Accounting Procedures. Contractor shall comply with any accounting and fiscal management procedures prescribed by Town to apply to the Contract and shall assure such fiscal control and accounting procedures as may be necessary for proper disbursement of and accounting for all project funds. 9. Improper Payments. Contractor shall assume all risks attendant to any improper expenditure of funds under the Contract. Contractor shall refund to Town any payment made pursuant to the Contract if it is subsequently determined by audit that such payment was improper under any applicable law, regulation or procedure. Contractor shall make such refunds within 30 days after Town notifies Contractor in writing that a payment has been determined to be improper. 10. Contract Transfer. Contractor shall not assign, subcontract or otherwise transfer any interest in the Contract without the prior written approval of Town Manager. 11. Contract Personnel. Contractor agrees that it has, or will secure at its own expense, all personnel required to perform the Services set forth in the Contract. 12. Key Personnel. Contractor shall not substitute for key personnel (defined as those individuals identified by name or title in the Contract or in written communication from Contractor) assigned to the performance of the Contract without prior written approval from Town Project Coordinator (the individual at Town responsible for administering the Contract). 13. Contract Modifications. The Contract may be amended only by written amendment duly executed by both Town and Contractor. 14. Relationship of Parties. Contractor is an independent contractor and not an employee of Town. The conduct and control of the work will lie solely with Contractor. The Contract shall not be construed as establishing a joint venture, partnership or any principal-agent relationship for any purpose between Contractor and Town. Employees of Contractor shall remain subject to the exclusive control and supervision of Contractor, which is solely responsible for their compensation. 15. Advertisement. The Contract will not be used in connection with any advertising by Contractor without prior written approval by Town. 16. Nondiscrimination. During the performance of the Contract, Contractor shall not discriminate against or deny the Contract's benefits to any person on the basis of sexual orientation, national origin, race, ethnic background, color, religion, gender, age or disability. 17. Conflict of Interest. Contractor represents and warrants that no member of Town or any of its employees or officers who may obtain a direct benefit, personal gain or advantage for themselves or a relative or associate as a result of the Contract, subcontract or other agreement related to the Contract is in a position to influence or has attempted to influence the making of the Contract, has been involved in making the Contract, or will be involved in administering the Contract. Contractor shall cause this paragraph to be included in all Contracts, subcontracts and other agreements related to the Contract. Contractor shall not be permitted to employ any Town official, councilor, or employee during the term of this Contract and within one (1) year thereafter. 18. Gratuities to Town. The right of Contractor to proceed may be terminated by written notice if Town determines that Contractor, its agent or another representative offered or gave a gratuity to an official or employee of Town in violation of policies of Town. 19. Kickbacks to Contractor. Contractor shall not permit any kickbacks or gratuities to be provided, directly or indirectly, to itself, its employees, subcontractors or subcontractor employees for the purpose of improperly obtaining or rewarding favorable treatment in connection with a Town Contract or in connection with a subcontract relating to a Town Contract. When Contractor has grounds to believe that a violation of this clause may have occurred, Contractor shall promptly report to Town in writing the possible violation. 20. Monitoring and Evaluation. Contractor shall cooperate with Town, or with any other person or agency as directed by Town, in monitoring, inspecting, auditing or investigating activities related to the Contract. Contractor shall permit Town to evaluate all activities conducted under the Contract. Town has the right at its sole discretion to require that Contractor remove any employee of Contractor from Town Property and from performing Services under the Contract following provision

of notice to Contractor of the reasons for Town’s dissatisfaction with the services of Contractor’s employee. 21. Financial Responsibility. Contractor is financially solvent and able to perform under the Contract. If requested by Town, Contractor agrees to provide a copy of its latest audited annual financial statements or other financial statements as deemed acceptable by Town's Finance Officer. In the event of any proceedings, voluntary or involuntary, in bankruptcy or insolvency by or against Contractor, the inability of Contractor to meet its debts as they become due or in the event of the appointment, with or without Contractor’s consent, of an assignee for the benefit of creditors or of a receiver, then Town shall be entitled, at its sole option, to cancel any unfilled part of the Contract without any liability whatsoever. 22. Governmental Restrictions. In the event any governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the Contractor to notify, in writing, the issuing purchasing office at once, indicating the specific regulation which required such alterations. Town reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract. On an annual basis, in the discretion of the Town Manager after notice from Contractor as set out below, the service rates charged by the Contractor to the Town for the second and subsequent years of the term hereof may be adjusted to reflect increases in newly imposed taxes, fees or other government charges in connection with the Services provided pursuant to this Contract. Contractor shall provide notice of its request for an increase prior to April 1 of each year of the Contract. The initial rate adjustment, if any, will take effect on July 1, 2018 and any successive rate increases or decreases on the succeeding year will become effective on July 1 of each subsequent year throughout the term of the Contract. 23. Inspection at Contractor’s Site. Town reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective contractor prior to Contract award, and during the Contract term as necessary for Town determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract. 24. Confidential Information. Employee Personnel Information: If, during the course of Contractor's performance of the Contract, Contractor should obtain any information pertaining to employees of Town’s personnel records, Contractor agrees to keep any such information confidential and to not disclose or permit it to be disclosed, directly or indirectly, to any person or entity. Other Confidential Information: (a) Contractor agrees that it will at all times hold in confidence for Town all designs, know-how, techniques, devices, drawings, specifications, patterns, technical information, documents, business plans, item requirements, forecasts and similar data, oral, written or otherwise, conveyed by Town to Contractor in connection herewith or procured, developed, produced, manufactured or fabricated by Contractor in connection with Contractor's performance hereunder (collectively, "Information"). Contractor shall exercise the same degree of care to prevent disclosure of any Information to others as it takes to preserve and safeguard its own proprietary information, but in any event, no less than a reasonable degree of care. Contractor shall not, without the prior written consent of Town, reproduce any Information; nor disclose Information to any party; nor use any Information for any purpose other than performance for the benefit of Contractor hereunder. (b) Any technical knowledge or information of Contractor which Contractor shall have disclosed or may hereafter disclose to Town in connection with the Services or other performance covered by the Contract shall not, unless otherwise specifically agreed upon in writing by Town, be deemed to be confidential or proprietary information and shall be acquired by Town free from any restrictions as part of the consideration of the Contract. 25. Intellectual Property. Contractor agrees, at its own expense, to indemnify, defend and save Town harmless from all liability, loss or expense, including costs of settlement and attorney's fees, resulting from any claim that Town's use, possession or sale of the Services infringes any copyright, patent or trademark or is a misappropriation of any trade secret.

26. No Pre-Judgment or Post-Judgment Interest. In the event of any action by Contractor for breach of contract in connection with the Contract, any amount awarded shall not bear interest either before or after any judgment, and Contractor specifically waives any claim for interest. 27. Background Checks. At the request of Town’s Project Coordinator, Contractor (if an individual) or any individual employees of Contractor shall submit to Town criminal background check and drug testing procedures. 28. Mediation. If a dispute arises out of or relates to the Contract, or the breach of the Contract, and if the dispute cannot be settled through negotiation, the parties agree to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to litigation. 29. No Third Party Benefits. The Contract shall not be considered by Contractor to create any benefits on behalf of any third party. Contractor shall include in all contracts, subcontracts or other agreements relating to the Contract an acknowledgment by the contracting parties that the Contract creates no third party benefits. 30. Force Majeure. If either party is unable to perform its obligations or to accept the Services because of Force Majeure (as hereinafter defined), the time for such performance or acceptance of Services will be equitably adjusted by allowing additional time for performance or acceptance of Services equal to any periods of Force Majeure. “Force Majeure” shall mean any delays caused by acts of God, riot, war, terrorism, inclement weather, labor strikes, material shortages and other causes beyond the reasonable control of each party hereto. 31. Ownership of Documents. All documents created pursuant to the Contract shall, unless expressly provided otherwise in writing, be owned by Town. Upon the termination or expiration of the Contract, any and all finished or unfinished documents and other materials produced by Contractor pursuant to the Contract shall, at the request of Town, be turned over to Town. Any technical knowledge or information of Contractor which Contractor shall have disclosed or may hereafter disclose to Town shall not, unless otherwise specifically agreed upon in writing by Town, be deemed to be confidential or proprietary information and shall be acquired by Town free from any restrictions as part of the consideration of the Contract. 32. Strict Compliance. Town may at any time insist upon strict compliance with these terms and conditions notwithstanding any previous course of dealing or course of performance between the parties to the contrary. 33. General Provisions. Town's remedies as set forth herein are not exclusive. Any delay or omission in exercising any right hereunder, or any waiver of any single breach or default hereunder, shall not be deemed to be a waiver of such right or of any other right, breach, or default. If action be instituted by Contractor hereunder, Town shall be entitled to recover costs and reasonable attorney's fees. Contractor may not assign, pledge, or in any manner encumber Contractor's rights under this Contract, or delegate the performance of any of its obligations hereunder, without Town's prior, express written consent. 34. Contract Situs. All matters, whether sounding in contract or tort relating to the validity, construction, interpretation and enforcement of the Contract, will be determined in Union County, North Carolina. North Carolina law will govern the interpretation and construction of the Contract. 35. Iran Divestment Act. Contractor hereby certifies that Contractor, and all subcontractors, are not on the Final Iran Divestment List (“List”) created by the North Carolina State Treasurer pursuant to N.C.G.S. 147, Article 6E. Contractor shall not utilize any subcontractor that is identified on the List. 36. E-Verification. Service Provider shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.

Exhibit 1

SCOPE OF SERVICES, PRICES, AND TERMS FOR SOLID WASTE AND RECYCLABLES COLLECTION AND DISPOSAL

SECTION 1 - SERVICES AND PRICING 1.1(A) PAID SERVICES

The following services under this Section 1.1(A) will be paid at the prices set out below.

Solid Waste Collection:

The Town shall receive Solid Waste Collection services in accordance with the following prices. The price provided below is all inclusive indicating any and all costs associated with collection, tipping fees, delivery and assembly fees of carts for new Customers and any other costs which may be incurred. For clarity, the Tipping Fee below only reflects the actual fee charged by the disposal/transfer facility. The Town reserves the right to (but has no obligation to) negotiate tipping fees separately with any facility and obligate the Contractor to use that facility (or facilities). The Contractor’s tipping fee for the Services in the Contract at GB Transfer for Solid Waste is fixed for the term of the Contract, subject to the possible adjustment downward in the event the Contractor exercises its right of first refusal as provided under Section 7.3 of this Exhibit 1. The Contractor’s Service Rate for Solid Waste is subject to increase if the Town Manager opts to designate a Disposal Facility for Solid Waste other than GB Transfer, and the new Disposal Facility charges a tipping fee at a rate higher than the tipping fee rate set out below for Solid Waste at GB Transfer, as provided and further explained under Section 7.3 of this Exhibit 1.

SOLID WASTE COLLECTION Tipping Fee Frequency/Service Service Rate (Per-Ton at (Price/Household/Month) GB Transfer) Once per-week collection & disposal of Solid Waste using $3.99 $32.50/ton a 96 gallon rollout cart.

Recycling Collection:

The Town shall receive Recycling Collection services in accordance with the following prices. The price provided below is all inclusive indicating any and all costs associated with collection, disposal or tipping fees, delivery and assembly fees of carts for new Customers, and any other costs which may be incurred. The Town reserves the right to select the Recycling Facility and obligate the Contractor to use that facility (or facilities).

RECYCLING COLLECTION Frequency/Service Service Rate Price/Household/Month Biweekly residential Recycling service in a $2.55 96 gallon rollout cart.

Citizens shall have the ability under this Contract to request a second recycling rollout cart for the price of $5.00. The second cart shall be provided as an even cost split between the homeowner and the Town with the Contractor responsible for collecting fees from homeowner. There shall be no additional charge to the Town or homeowner for serving properties with two containers.

Customers must comply with any description of and/or procedures with respect to removal of contaminants or preparation of recyclable materials as reasonably provided by Contractor. If any Customer fails to do so, Contractor may decline to collect such materials without being in breach of the Contract. Contractor shall notify Customer if recyclable material is deemed contaminated. Contractor shall not be responsible for and has not made any representation regarding the ultimate Recycling of such recyclable materials by any third-party facilities.

Contractor will pay 100% of Recycling rebates and refunds to Town.

Bulk and E-Waste Collection

The Town shall receive Bulk and E-Waste Collection services in accordance with the following prices four (4) times per year. The price provided below is all inclusive indicating any and all costs associated with collection and any other costs which may be incurred. The prices below are a total amount to be invoiced once per-quarter for all households served (instead of being invoiced on a per-household basis). For clarity, the Tipping Fee below only reflects the actual fee charged by the disposal/transfer facility. The Town reserves the right to (but has no obligation to) negotiate tipping fees separately with the individual facilities and obligate the Contractor to use that facility (or facilities). The Contractor’s tipping fee for the Services in the Contract at GB Transfer for Bulk/E-Waste is fixed for the term of the Contract, subject to the possible adjustment downward in the event the Contractor exercises its right of first refusal as provided under Section 7.3 of this Exhibit 1.

A list of Bulk Waste Acceptable and Unacceptable Items are attached hereto as Attachments 1 and 2, respectively, each incorporated by reference.

BULK AND E-WASTE COLLECTION Frequency/Service Service Rate Tipping Fee (Price/Quarter) (Per-Ton at GB Transfer)

Once per-quarter collection & disposal of residential $0 $32.50 Bulk/E-Waste material.

Contractor will provide on-call Bulk and E-Waste Collection and disposal for town residents outside of the planned four curbside collection events at a rate of $35 per pick-up. This fee shall be paid by the resident and the Town is not responsible for any associated disposal fee. Pick up shall occur within five (5) days of placement of an order.

Yard Waste Collection

The Town shall receive Yard Waste Collection services in accordance with the following prices. The price provided below are all inclusive indicating any and all costs associated with collection and tipping fees, delivery and assembly fees of carts for new Customers, and any other costs which may be incurred. Contractor agrees to provide annual Christmas tree collection services for Recycling purposes at no additional charge. For clarity, the Tipping Fee below only reflects the actual fee charged by the disposal/transfer facility. The Town reserves the right to (but has no obligation to) negotiate tipping fees separately with the individual facilities and obligate the Contractor to use that facility (or facilities). Supplementary enhanced fall leaf pickup services for all residents shall be provided biweekly for the months of September, October, and November, with a limit of 50 bags per resident per collection day. The cost for this enhanced service shall be incorporated into the above curbside collection. The Contractor’s tipping fee for the Services in the Contract at GB Transfer for Yard Waste is fixed for the term of the Contract, subject to the possible adjustment downward in the event the Contractor exercises its right of first refusal as provided under Section 7.3 of this Exhibit 1.

YARD WASTE COLLECTION Tipping Fee Frequency/Service Service Rate (Per-Ton at (Price/Household/Month) GB Transfer)

Biweekly residential $1.09 $18.00 curbside Yard Waste collection.

Storm Debris Collection

The Contractor shall provide all expertise, personnel, tools, materials equipment, transportation, supervision, and all other services and facilities of any nature necessary to execute, complete and deliver the timely removal and lawful disposal of all eligible Storm Debris, specified within this Contract at the rates provided below. These contracted services shall provide for removal and disposal of Storm Debris placed at the edge of a right-of-way or on a Town designated site as may be directed by the Town, and the removal of right-of-entry debris from private property with due diligence. The Contractor will only be compensated for those materials collected that are over the normal generation of Solid Waste and Yard Waste. For clarity, the Tipping Fee below

only reflects the actual fee charged by the disposal/transfer facility. The Town reserves the right to (but has no obligation to) negotiate tipping fees separately with the individual facilities and obligate the Contractor to use that facility (or facilities). The Contractor’s tipping fee for the Services in the Contract at GB Transfer for Storm Debris is fixed for the term of the Contract, subject to the possible adjustment downward in the event the Contractor exercises its right of first refusal as provided under Section 7.3 of this Exhibit 1.

STORM DEBRIS COLLECTION Frequency/Service Service Rate Tipping Fee (Hourly Rate, Per Two- (Per-Ton) Manned Truck)

Storm Debris collection as $125.00 $18.00 needed

The Contractor shall make scheduled passes and/or unscheduled passes of each area impacted by the storm event at the direction of the Town, and Contractor may be required to provide Storm Debris collection services up to seven (7) days per week as necessary. The Town shall direct the interval timing of all passes. Sufficient time shall be permitted between subsequent passes to accommodate reasonable recovery and additional Storm Debris placement at the ROW by the citizens and the Town. No equipment shall be allowed behind the curb or outside of the public ROW unless otherwise directed by Town.

The Town may also request Roll Off containers for the residents to utilize to assist in the debris removal. The cost for each roll off container shall be $200. The Contractor shall utilize its company owned Transfer Station 24/7 to assist in the timely removal and disposal of Storm Debris resulting from natural or manmade disasters.

Time is of the essence for Storm Debris Collection. When a written “Notice to Proceed” has been received by the Contractor, it will make all necessary arrangements to mobilize within 24 hours after notice to proceed is issued. A completion date will be established once the extent of damage has been assessed, and a time frame will be established and followed. Contractor shall be responsible for removal of all debris up to the point where remaining debris can only be described as storm litter and additional collection can accomplished within the normal Solid/Yard Waste service operations.

The Town shall accept the serialized copy of the Contractor’s debris load ticket(s) as the certified, original source documents to account for the measurement and accumulation of the volume of debris delivered and processed at the reduction and/or disposal site(s). The ticketing system will also be used in the event of additional debris handling for volume reduction and/or the possible requirement for a debris transfer station(s). These tickets shall be used as the basis of any electronic generated billing and/or report(s). They should include the following: date; preprinted number; hauler’s name; truck number; truck capacity in cubic yards; load percentage full, as assigned the Town; load amount in tons; debris classification as burnable, non-burnable, mixed,

or other; point of origin for debris collected and time loaded; dumpsite location; and time dumped.

The Town may be required to enter into agreements with Federal and/or State agencies for disaster relief. Contractor shall be bound by the terms and conditions of such agreements.

Contractor shall provide all labor, equipment and materials required to provided curbside collection for Storm Debris Removal in accordance with the specifications above. Contractor shall utilize its company owned Transfer Station 24/7 to assist in the timely removal and disposal of Storm Debris resulting from natural or manmade disasters.

Contractor shall provide debris removal and disposal of all eligible debris from the Town of Indian Trail in accordance with FEMA guidelines. The debris shall be taken to GB Transfer.

1.1(B) SERVICES PROVIDED AT NO ADDITIONAL CHARGE

The following services under this Section 1.1(B) shall be provided at no additional charge, said charges being incorporated into the above charges:

Community Services

Town Facilities and Special Events: Contractor shall provide Solid Waste, Bulk/E-Waste, Recycling, Yard Waste, and Storm Debris services described under Sections 1.1(A) of this Exhibit 1 for the facilities set out below and special events(subject to change) at no additional charge. The Town of Indian Trail operates a town hall facility, public works building, and three public parks (Crossing Paths Park, Chestnut Square Park, and Crooked Creek Park), and will open a new town hall during the term of the Contract. The construction of the new town hall is not expected to result in the discontinued use of any of the buildings in current use, and service to both the new town hall and currently operating Town facilities is included as part of the base rates set out herein. The Town is also active in facilitating several public parades and similar special events throughout the year. In 2017, the Town anticipates hosting 5-movie nights in the park, 5-outdoor concerts, 3-community parades, 3-holiday special events, and 3-outdoor festivals. Crooked Creek Park is also equipped with tournament level athletic facilities and anticipates hosting approximately 25-baseball/softball tournaments, 3-disk golf tournaments, and summer athletic camps and league play. The Chestnut Square Park anticipates hosting approximately 7-soccer tournaments as well as league play of soccer, flag football, lacrosse, and summer athletic camps. The number of special events identified above is subject to change in 2017 and in future years within the Contract term. This will include regular weekly, biweekly, and/or on-call pick up service (as needed) as well as providing special event Recycling and Solid Waste receptacle/can delivery and collection services. The Contractor shall provide weekly Solid Waste and Recycling services for the facilities (set out above) and, on at least 7 days’ notice, special events (subject to change) for no additional charge.

At no additional charge, Contractor shall provide temporary restroom services for Town special events and parades on at least 7 days’ notice by the Town. Contractor shall provide all labor,

equipment and material required to service and sanitize the temporary restrooms while in use for the Town special events and parades. Contractor shall provide cleaning and sanitizing services on a frequency to be mutually agreed upon between the Town and Contractor based on anticipated use during the special events and parades.

Additional information regarding special events can be found on the Town website at www.indiantrail.org/news-and-events.php?cat=137. A copy of the Parks and Recreation 2017 Events is at Attachment 3, attached hereto and incorporated by reference.

Public Schools The Contractor shall provide Solid Waste, Bulk/E-Waste, Recycling, Yard Waste, and Storm Debris services described under Sections 1.1(A) of this Exhibit 1 for public schools inside Town limits, including but not limited to Union County Public Schools and Union Preparatory Academy, and their special events (subject to change) at no additional charge. Also at no additional charge, the Contractor shall provide all labor, equipment and materials for Recycling education to public schools that serve the children of the Town. The container size, color, branding and service frequency shall be determined by the Town. The Contractor will maintain the equipment in reasonably good condition. Town shall determine the frequency of collection for each public school.

Code Enforcement At no additional charge, to assist with the Town’s code enforcement efforts to maintain a healthy environment for the community, Contractor agrees to provide on-call Bulk Waste/E-Waste pick up service as part of the base Bulk/E-Waste rate noted above for thirty-five pickups per year, with any additional pickups provided at the rate provided to Town citizens under Section 1.1(A) of this Exhibit 1. Pick up shall occur within three (3) days of placement of an order.

Enhanced Recycling Services At no additional charge, the Contractor shall accept in the Recycling composition of materials collected any new materials accepted by the Recycling Facility utilized by the Contractor. It is acknowledged that the expansion of Recycling services at the facility used by the Contractor shall result in the Contractor collecting those newly accepted materials, and the definition of Recyclables shall adjust to account for any increased available services upon the expansion of Recycling services at the facility used by the Contractor. Such materials shall be collected under to the Recycling Collection services set out in Section 1.1(A) of this Exhibit 1. The Contractor shall provide communication to the residents of any new materials added to the Recycling composition. Contractor shall provide Alternative Recycling Services at no additional charge.

At no additional charge, Contractor shall also provide for the Recycling of the items on the “List of Alternative Materials” in Attachment 4. At no additional charge the Contractor shall provide a Convenience Drop Off Site for the Town of Indian Trail residents for the Recycling of the items on the “List of Alternative Materials” in Attachment 4. At no additional charge, Contractor shall also provide for the recycling of the items on the “List of Alternative Materials” in Attachment 4; such materials shall be collected in conjunction with the Bulk/E-Waste (quarterly) collection procedures set out in Section 1.1(A).

Provision of Collection Bins

The Town will own all existing Solid Waste, Recycling, and Yard Waste rollout carts in use at the conclusion of its current contract on July 31, 2017. The Solid Waste (beige) and Recycling (blue) carts are both 96-Gallon Toter EVRII Universal/Nestable carts with hot stamped graphics (model # 79296). These carts will remain in service for existing Customers as part of the new Contract. Contractor agrees to furnish Solid Waste and Recycling collection roll carts to each new Indian Trail household/Customer that match the existing containers in terms of brand, size, color, and logo imagery (see photo to right). Yard Waste containers (if used) will be provided to the resident meeting standards that are mutually agreed upon by the Town and Contractor. Equipment furnished during the duration of the Contract shall initially be the property of the Contractor. The Town shall retain ownership of all carts after completion or any termination of the Contract.

Contractor shall be responsible for maintaining all existing and newly furnished containers in reasonably good condition. For maintenance of existing containers, the Contractor should generally assume one Solid Waste and one Recycling rollout cart for each household. Approximately 300 Town provided Yard Waste containers are presently in use by Customers. Additional containers provided between RFP issuance and Contract start date should also be taken into account. The Contractor shall also be responsible for replacing all carts that are lost, stolen, damaged, and/or worn beyond their useful life. Contractor shall have the right to charge the resident for the cost of repair or replacement due to gross abuse or negligence only with prior approval from the Town.

The provision of new carts and the maintenance or replacement of existing or newly provided carts shall be provided at no additional charge, said costs being included as part of the base Solid Waste and Recycling rates noted above in Section 1.1(A) of this Exhibit 1.

Elderly and Disabled Service

Contractor shall provide back or side door pick up to elderly or disabled residents as designated by the Town who are physically unable to place container at curbside on pickup day. Contractor shall provide back or side door collection service for those residents not physically able to take carts to curbside provided there is no other occupant of the residence that is physically able to do so. There are approximately 35 known, existing back or side door Customers. A list of known existing back or side door residents will be provided to the Contractor. Back or side door service shall be provided at no additional charge, said costs being included as part of the base Solid Waste and Recycling rates noted above in Section 1.1(A) of this Exhibit 1.

Alley Collection

At the time of execution of this Contract, the Town has existing and future single-family home and townhome neighborhoods that are served with private rear alleys. The Contractor warrants that is has acquainted itself with the special needs and accommodations that will be required for alley collection. Contractor agrees to use a sixteen (16) yard (or smaller) vehicle to serve the Town’s alley communities versus the larger vehicles used to serve conventional neighborhoods. Service of alley communities shall be provided at no additional charge, said costs being included

as part of the base Solid Waste and Recycling rates noted above in Section 1.1(A) of this Exhibit 1.

Promotion and Education

At no additional charge, Contractor shall provide community service, public outreach and education through participation in and support of annual local community events with exhibits, educational materials, staff participation and/or financial support as appropriate to enhance these events and to promote environmental stewardship, waste reduction and Recycling in partnership with the Town. Contractor agrees to follow their baseline educational and promotional programs for Solid Waste and Recycling which will be provided at the Contractor’s expense. Contractor agrees to lead all community promotion and educational activities. As part of these services, Contractor shall be responsible for preparing periodic digital and print communication pieces – such as flyers, trinkets, and brochures – with the Town’s communications coordinator that focus on educating citizens on the various aspects of the waste management program and Recycling benefits, provide a listing of what materials can go into the recyclable materials bin, provide instructions on the proper handling of the collection bins, and provide instructions on what residents are to do with trash that does not fit into the collection bins.

Public notification procedures may include, but are not limited to, mail, door to door, web based initiatives, PSA’s and promotional events. The costs of these educational programs are the responsibility of the Contractor. The contents of information provided will be approved by the Town in advance of distribution to Town residents. The Town may elect to have Contractor develop an enhanced educational and promotional program and related materials.

The Contractor will also provide all households with a magnetic calendar indicating Solid Waste, Recyclables, E-Waste/Bulk Items, Yard Waste pickup dates. The calendars will be provided in year one only of the Contract. These costs are the responsibility of the Contractor.

At the request of the Town, Contractor shall provide for all expenses associated with developing printing and distribution of the following initial public information items: a. Two (2) notices concerning collection changes and/or service changes in the newspapers in general circulation within the Town. Contractor will complete design and place these ads. Town will review the ads. b. One (1) Town newsletter inserts for Town Customers. Town and Contractor to both design, produce. Town will mail inserts with quarterly newsletter in July 2017 and Oct 2017. Contractor will pay 20% of mailing and printing costs of newsletter. c. One (1) direct mail or drop-off piece advertising changes in collection service. Contractor to develop and produce the letter to all Customers receiving the service.

Contractor shall advertise the quarterly Bulk/E-Waste pickups in a local publication approved by the Town. Contractor shall notify Town residents through the message board on its website and provide a link on the Town’s web site redirecting residents to the Waste Connections website.

Public notification for quarterly Bulk/E-Waste pickup will include but not be limited to clearly marked magnetic calendars, dates appearing on Town website, and placement of neighborhood signs out on the Saturday before bulk collection starts.

Public Information Meetings 6 Prior to the start of services on July 31, 2017, at no additional charge, Contractor agrees to participate with Town staff and Council in two or more public meetings which will describe the new service to Town residents/Customers. Contractor shall advertise the quarterly Bulk/E-Waste pickups in a local publication approved by the Town. Contractor and Town will discuss dates for Public Information Meetings and add them to the Implementation Plan.

Customer Service

At no additional charge, Contractor shall be responsible for providing all Customer service functions including informing residents of current services, handling resident requests, and resolving resident complaints. Contractor shall abide by its plans and time frame for communicating with residents and responding to their questions and complaints.

Contractor shall maintain an online software program/application available to Town staff and residents for registering and tracking all issues related to Solid Waste and Recycling that is Trac EZ software or its town approved equivalent. Town staff will receive training on the use of this program. Trained Town staff will periodically monitor the software and review the program for documented issues and their prompt resolution. The Town’s expectation is that all resident complaints must be resolved in no more than 24 hours of the resident’s notification of the issue. The Contractor shall maintain an office or other such facilities equipped with sufficient local telephone service through which they can be contacted. Any and all associated costs for this service are the sole responsibility of the Contractor. Responsible staff shall be available from 8:00 am to 5:00 pm daily on regular collection days. Contractor shall also ensure managerial staff is available to Town staff 24-hours per-day to address emergency events.

Value Added Services

Contractor shall utilize four new Compressed Natural Gas vehicles in the collection of Solid Waste and Recyclables from within the Town. The CNG vehicles reduce the amount of Greenhouse Gases emitted into the atmosphere, utilizes a cleaner burning domestic fuel source, operates at lower decibels than diesel vehicles and supports our energy independence.

As an optional Value Added Service, Waste Connections has partnered with RecycleBank. This program will enhance Indian Trail Community Outreach, Engagement and Education. Other benefits of the plan include Economic Incentives and Donations/Charitable Giving. The additional cost per household is $.60 per month. Attached is the plan description and a sample monthly report that will be provided to Indian Trail.

The Contractor will make available to the Town its Transfer Station in Monroe, NC to aide in the timely removal and disposal of Storm Debris resulting from natural or manmade disasters.

The Contractor’s vehicle will be equipped with DriveCam technology. This technology is used for continued driver training, but may also be used to verify on route incidents and verify vehicle location through its GPS functionality.

The Contractor’s tipping fee for the Services in the Contract at GB Transfer for Solid Waste, Bulk/E-Waste, Yard Waste, and Storm Debris, is fixed for the term of the Contract, subject to the

possible adjustment downward in the event the Contractor exercises its right of first refusal as provided under Section 7.3 of this Exhibit 1.

1.2 Compliance Costs

The Contractor shall be responsible at its own expense for obtaining and complying with all necessary permits, ordinances, and laws. Any increase in costs due to the loss of a transfer facility will be paid by Contractor. The Town shall not be liable for any hazards, environmental or otherwise, at transfer facilities or elsewhere, created as a result of the materials collected by Vendor. Any Contracts with other providers or subcontractors shall also include provisions concerning independent contractor status, equal employment opportunity, non-assignment, disclosure of information and records, applicable law, and such other terms and conditions as the Town may require.

1.3 Implementation Planning

The Contractor shall abide by the Implementation Plan at Attachment 5, attached hereto and incorporated by reference. By May 10, 2017, the Contractor and Town shall meet and discuss the status of the Implementation Plan and its implementation and any necessary amendments.

1.4 Collection of other Accounts

The Contractor shall not collect any materials from accounts outside of the Town boundaries and not covered by this agreement. The Contractor shall also not mix Solid Waste or Recyclables accounts in the vehicles assigned to the Town on each collection day. The Town will, at all times, have access to inspect the vehicles used in the collection of Solid Waste and Recyclables in the Town. The Contractor’s vehicles will be equipped with GPS, which may be used to verify collection points within the Town.

Contractor will collect Solid Waste and Recyclables in separate vehicles to ensure there is no comingling.

1.5 Newly Developed and Annexed areas

The Contractor will, within three (3) days of notification of the Town, provide collection services of the same frequency and quality otherwise required of the Contractor to newly developed and or newly annexed areas. As new residential units are constructed and occupied within the Town, the contractor shall, after proper notification by the Town, provide all services as required by the Contract on the next scheduled day of collection following notification.

1.6 Working Relationship

Throughout the term of this Contract, the Contractor must have prior approval from the Town Manager for any changes to the number of containers, size of container or collection schedule established upon the execution of the Contract by both parties. Any change will be confirmed by the Town in writing.

Contractor’s employees, officers, agents and subcontractors shall at no time be allowed to identify themselves, or in any way represent themselves, as being employees or agents of the Town of Indian Trail.

1.7 Negative Adjustments to Payments (Services not consistent with agreed upon service levels)

Negative Adjustments may be required if an incident report is documented and presented by the Town to the Contractor as provided in this section (the “Negative Adjustments”). Negative Adjustments will be deducted from the monthly payment made by the Town to the Contractor. Disagreements will be subject to the review and resolution procedures provided in the Contract.

Action or Omission Negative Adjustments

The above table is not an exclusive list of the acts or omissions for which a Negative Adjustment may be applied, and Town has the right to exercise any and all remedies it may have with respect to these and other violations and breaches. The above schedule of actions and omissions warranting Negative Adjustments does not affect the Town’s ability to terminate the Contract for breach or seek other damages.

the Contract is not extended or renewed in accordance with the Contract conditions, the Town will deduct any remaining damages owed the Town from the last payment. 1.8 Roll-Out and Recyclable Cart Placement: Contractor shall return roll-out carts and recyclable carts to their original position, taking care not to block access to driveways or mailboxes, and close all roll-out cart and recyclable cart lids after it has been emptied. Failure to meet these performance standards will be cause for default.

1.9 Excluded Waste

Notwithstanding anything herein to the contrary: (a) Contractor shall have no obligation to collect any material which is or contains, or which Contractor reasonably believes to be or contain, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state or local laws or regulations (“Excluded Waste”); (b) if Contractor finds what reasonably appears to be discarded Excluded Waste, Contractor shall promptly notify the Town and the producer of the Excluded Waste, if the producer can be readily identified; and (c) title to and liability for any Excluded Waste shall remain with the producer of the Excluded Waste, even if Contractor inadvertently collects or disposes of such Excluded Waste.

1.10 Town Limits

All services shall be performed within the Town Limits as set out in Attachment 6.

SECTION 2 - COLLECTION SCHEDULES AND ROUTING

2.1 Collection Days

Routes for Solid Waste, Recyclables, and Yard-Waste collection must be spread out evenly over five (5) business collection days, unless required for a holiday, weather related event, or emergency. Bulk and E-Waste collection will be scheduled for curbside pick-up four (4) times per year. Sunday collections are not permitted unless expressly authorized by the Town. Collection routes shall be established by the Contractor and approved by the Town. As detailed in this section, any change in days of collection must be approved by the town and announced by the Contractor in a newspaper having widespread local circulation.

2.2 Hours of Collection

No Solid Waste, Recyclables, Yard-Waste and Bulk Waste collection shall commence prior to 7:00 a.m. or continue after 7:00 p.m without the written permission of Town Manager after requested in writing by Contractor

2.3 Holiday Collection

publication of the Town’s choosing,, and provide Town sufficient notice to update Town’s website prior to any schedule changes for holidays.

The following is a list of holidays:

New Year’s Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day

Contractor may decide to observe any or all of the above-mentioned holidays by suspension of collection service on the holiday, but the Contractor must meet its obligation as required.

2.4 Emergency Plan

The Contractor shall provide all labor, equipment and material required to respond to emergency situations such as extreme cold temperatures, snow/ice, fire, or other natural or manmade disasters which would require a deviation from normal operating procedures. If the emergency situation requires a delay in the normal operating procedure the Contractor, at the direction of the Town Manager, will delay services and work on Saturdays if necessary at no additional cost to the Town. The Contractor will post on its website a communication page for Indian Trail residence to inform them of any delays and recovery efforts.

Emergency Contact List Mark Pergolese – District Manager, 704-713-7517, [email protected] Jacob Cloninger – Operations Supervisor, 704-307-3596, [email protected] Lynn Williams – District Office/Customer Service Manager, 440-567-3192, [email protected]

The contact names shall be updated as changes are made, but in no event less than semi-annually.

By August 1 of each year the Contract remains in effect, the Contractor shall review, update, and submit a written Communication Plan to the Town for review and approval.

The decision to delay or cancel operations will be made jointly by the Town and Contractor officials by no later than 5:00 AM on the morning following adverse weather. If operations are cancelled for one day, collection crews will operate on a delayed schedule, resuming collection the next day and completing the weekly schedule on Saturday. If the weather does not permit collection crews to operate for more than two days, collection will resume for the regularly scheduled collection day, skipping those days missed until the following week. The normal collection schedule will resume the following Monday.

the Town for the Town's review, with a draft being submitted by May 30 and November 30, respectively (unless a shorter period is requested by Town, resulting in additional submittal dates) so that final approval will be no later than August 1 of each year of this Contract. Each set of detailed route maps must show, for each collection day, the areas to be collected, the starting point for collection, and the exact direction and sequence of travel of the streets and alleys for each route to be collected. The Contractor shall include a summary of the route maps, indicating the number of Residential Units, which are any single-family dwelling or rental unit with less than two dwelling units at one location (the “Residential Units”), and Designated Non-Residential Locations to be collected each collection day, and the number of Residential Units and Designated Non-Residential Collection Locations per route, for Solid Waste, Recyclables, Yard-Waste and Bulk Waste collection. The summary shall also show the number of Residential Units and Designated Non-Residential Locations, which would be affected by changes in their current collection days, and an explanation of those changes. b. Solid Waste, Recyclables, and Yard-Waste collection routes must be evenly spread over the five (5) collection days of the week. The Town will review the Contractor's route maps to ensure that all areas to be collected are included, and that routing does not result in dangerous collection practices. c. Route maps shall be submitted in reproducible, approved GIS format. All street names must be legible. The Contractor may request current street maps showing parcel information from the Town's GIS manager. Once a format is agreed upon, all future route maps shall be prepared using the same format. d. The Contractor shall use its best efforts to minimize the number of Residential Units and Designated Non-Residential Locations that are affected by collection day changes as a result of its initial routing plans. e. Any routing change, which results in a change of collection days for any Residential Units and Designated Non-Residential Locations, requires compliance with the notification process. The Contractor shall be responsible for costs associated with notification processes required as a result of any approved routing or collection day changes in accordance with Section 2.6 of this Exhibit 1.

2.6 Routing and Collection Day Changes

b. All such changed routes must be documented in the same detail as the original route maps supplied by the Contractor, and must include the reasons for the requested change and the number of Residential Units and Designated Non-Residential Locations affected in each route. Changes shall involve easily identifiable route and area boundaries for ease in communicating the change to Customers. c. The Contractor shall not request any routing or collection day changes without a valid reason because of the resulting confusion to Customers and increases in the number of Customer service calls which must be handled by Town staff. d. The Town may require the Contractor to phase in collection day changes and any changes affecting more than five (5) routes. e. Any requests from Contractor for routing or collection schedule changes, which result in any changes in collection days for any Residential Unit or Designated Non-Residential Location, must comply with the notification requirements outlined in Section 2.7 of this Exhibit 1.

2.7 Collection Day Change Notification Process a. The Contractor shall be responsible for the full cost and provision of notification to all Residential Units and Designated Non-Residential Locations affected by any change in routes or collection schedules, which has been approved by the Town, which alters the day of collection. The Contractor shall submit a notification plan for the Town's review and approval, at the time of submittal of any request for collection day changes. The notification plan shall outline the process recommended by the Contractor. b. Contractor shall provide at minimum for all expenses associated with developing printing and distribution of the following public information items: 1. Two (2) notices concerning collection changes and/or service changes in the newspapers in general circulation within the Town. Contractor will complete design and place these ads. Town will review the ads. 2. One (1) insert for Town newsletters to Town Customers. Town and Contractor to both design. Town will mail inserts with quarterly newsletter in July 2017 and Oct 2017. Contractor will pay 20% of mailing and printing costs of newsletter. 3. One (1) direct mail or drop-off piece advertising changes in collection service. Contractor to develop and produce the letter to all Customers receiving the service.

i. Notification must be received by each affected Residential Unit or Designated Non- Residential Location not less than one (1) week nor more than two (2) weeks prior to the starting date of such change. Notice shall be made in writing to each individual Customer. Such notice shall include the reason for the change and a telephone number and e-mail address to contact if further information is desired. The method of notification may be a letter sent through the U.S. Postal Service to every affected Customer of record, or the same letter or a door hanger hand-delivered door-to-door (either handed to the Customer or left at each service address). The method and date of notification and the proposed content of the notice letter or door hanger must be reviewed and approved by the Town. The Town may conduct random inspections to

ensure notification procedures are being followed.

The Contractor is also responsible for ensuring that its equipment operators are fully informed of any approved change, and that the change is accomplished with a minimum of disruption to Customers and daily operations.

2.8 Collection Impediments a. A number of collection impediments may require special effort by the Contractor to provide collection service. Collection impediments of any type, in any portion of the service area including streets and alleys, shall not result in disruption of collection service. When conditions require special efforts to complete collection service, the Contractor shall make these additional efforts at no additional cost to the Town. If this special effort requires the distribution of additional roll-out Carts due to an unavoidable delay in collection services, the Contractor will distribute them and will notify the affected Customers. b. If the impassability of the street or alley due to extreme weather conditions is anticipated to last for only one or two scheduled collection days, the Town may elect to delay collection services until conditions improve. c. Periodically major renovation is necessary to maintain the infrastructure of the Town. This renovation includes such activities as replacing gas, water, and sewer lines, surfacing or resurfacing streets, and replacing wiring for telephone, or cable television. If the Town Manager (or his designee) is notified in advance of these activities, the Town will notify the Contractor. However, it is not uncommon for work to be initiated without prior notification. Alternate collection service must be provided during this period of disruption. Each circumstance must be evaluated individually to determine the appropriate alternative. The Contractor shall notify the Town of the nature of the disruption, its location, and the Contractor's recommended alternative to provide service. The Town will either approve the alternative method or require the Contractor to use a different collection method. d. When materials of any kind are placed in the street or alley in such a way that the collection vehicle cannot proceed down the street or alley, the Contractor shall immediately notify the Town. The Contractor will attempt to locate the individual responsible for the material and have them remove it. e. If an illegally parked vehicle blocks a street or alley, the Contractor must inform the Town contact of the situation and request removal of the vehicle. Removal of the vehicle usually occurs in a matter of hours, thus collection must be provided on the scheduled day. If the vehicle is not removed by the end of the collection day and there is no other access to the roll-out carts, the Contractor shall, upon notification to and approval by the Town, provide collection at start of shift on the following day. The Contractor is responsible for follow-up with the Town until the vehicle is removed and shall inform the Town when the vehicle is removed. Removal shall only occur as permitted by law; vehicles may be cited or otherwise penalized where appropriate.

SECTION 3 - EQUIPMENT

3.1 Collection Vehicles and Equipment Standards

a. All collection vehicles must be of relatively recent manufacture kept in good visual and operating condition, and maintained in accordance with the respective manufacturer’s instructions and best industry practices. Contractor shall maintain the fleet in excellent operational condition towards the goal of minimizing leaks and spills of fluids and debris onto the public rights-of-way and on private property in accordance with this Contract and the RFP. The Town reserves the right to visit the facilities of all interested contractors and observe the equipment used and the operational methods. These site visits will be coordinated with the appropriate representatives from each of the interested contractors. b. Each vehicle in the fleet shall include Town approved identifying graphics such as Town logo and/or other Town of Contractor graphic identifiers to be selected by Town Council in prominent locations. The cost for the production, design, and removal of the logo will be paid by Contractor. The Town reserves the right to select the placement of the Town’s name and logo on the trucks. The Town also reserves the right to use the payload area of one truck for installation of messaging graphics for community announcements (see representative photo to the right for approx. size and location). Once per year, the costs for installation and removal of the messaging graphics on one truck will be paid by Contractor, with this particular truck being rotated to each route at the direction of the Town in order to display the announcements throughout the Town. c. The Collection equipment utilized in this Contract shall be not more than five (5) years old upon commencement of this Contract. d. The Contractor shall utilize four (4) 2017 Model, Dual Steer, AutoCar Chassis powered by CNG fuel source and equipped with a Heil Python Automated 28 cubic yard Body for the collection of Solid Waste and Recyclables. The Contractor shall also utilize a 10 cubic yard compaction vehicle for the alley customer collections. Equipment specified herein must be used throughout the life of the Contract unless upgraded or in need of repair; all other Collection equipment shall be not more than five (5) years old upon commencement of this Contract. e. The noise level for collection vehicles during the stationary compaction process shall not exceed seventy-five (75) decibels at a distance of twenty-five (25) feet from the collection vehicle and at an elevation of five (5) feet from the ground elevation of such vehicle. f. Periodically when requested, the Contractor shall supply the Town within 48 hours of request with a list of all equipment to be used in providing services and shall notify the Town of additions or deletions as they occur. g. The Contractor shall maintain a dedicated fleet solely for use to provide Town of Indian Trail collection services included in this Contract. With Town approval, vehicles used in the provision of services under this Contract may be used for other purposes if the Contractor has provided prior written notice to the Town. Any such use shall not interfere in any way with the Contractor's provision of services under this Contract. h. The Contractor shall be responsible for arranging for tare weights of all collection vehicles to be obtained prior to the starting date, and shall periodically, upon request from the Town, arrange for updating tare weights.

i. Each vehicle in the fleet shall include Town approved identifying graphics such as Town logo and/or other Town of Contractor graphic identifiers to be selected by Town Council in prominent locations. j. Contractor shall provide Town personnel access to maintenance facility and to maintenance records for verification of preventative maintenance program upon request during business hours. k. Contractor shall provide the Town with a comprehensive list of all equipment (including VIN numbers) servicing the Town of Indian Trail prior to the end of March and September of each year while this Contract or any amendment to this Contract remains in effect. In addition to the VIN number, this list shall include at a minimum the purchase date, a sufficient description of vehicle to classify its type and use, the assigned use and serviceability status and any other information requested by the Town in writing. Equipment assigned to the Indian Trail operation shall remain at the Contractor’s facility serving Indian Trail unless it is replaced due to age or mechanical condition. Replacement equipment shall be of the same classification and shall be new or refurbished equipment of the same class.

3.2 Collection Vehicle Cleaning

a. All collection vehicles must be kept clean, in sanitary condition, and good repair at all times. b. The Contractor shall ensure that all collection vehicles are washed as required to reduce possible odor and vector problems. c. Contractor's collection vehicles shall also be empty of all Solid Waste and Bulk Waste prior to collection of Recyclables and shall be empty of all Recyclables prior to collection of Solid Waste and Bulk Waste.

3.3 Emergency Unloading

a. While the Town recognizes that an occasional emergency such as a Hot Load may require unloading a collection vehicle in the field, the Contractor shall recollect this material (the “Unloaded Material”) within two (2) hours of the unloading. The Contractor shall notify the Town immediately of such an event and shall take whatever measures are necessary to ensure that no fire danger exists. The area must be litter free after the re- collection. The Contractor shall notify the Town when the Unloaded Material has been collected; at which time the Town may conduct a follow-up inspection to ensure that the clean up has been completed to the satisfaction of the Town. b. If the Contractor fails to collect the Unloaded Material and notify the Town of such collection within four (4) hours, the Contractor shall pay the Town in Damages one hundred dollars ($100) for each four (4) hour period such Unloaded Material is not collected. If the Unloaded Material is not collected in a timely manner, the Town may, in addition to assessing Damages for time delays, assess Damages of $2,000 to collect the Unloaded Material, and will invoice the Contractor the cost to repair any damage to the Town's streets, sidewalks or other infrastructure as soon as the Town can assess the costs of such damages to infrastructure. c. The Town shall not be liable to Contractor for any damage to Contractor's collection

vehicles or injury to Contractor's personnel, or any other damage or injury, as a result of a Hot Load.

3.4 Vehicle Leaks & Spills

Minimizing hydraulic fluid and oil leaks and spills on public or private streets and parking lots is a high priority for the Town of Indian Trail. The Contractor shall maintain equipment in top mechanical condition, and the operator shall exercise vigilance in observing for leaks and spills that may develop during the collection day and take immediate corrective action to stop the leak or spill and call for cleanup of hydraulic fluid or oil present upon the public or private streets or parking lots in accordance to the following standards. a. The Contractor's collection vehicles shall be repaired or removed from service immediately if any spill or leak is a result of a mechanical problem. The Contractor shall be responsible for applying absorbent materials, clean up, and disposal in a manner which complies with all federal, state, and local laws and regulations, of all oil spills and hydraulic fluid or other leaks associated with its provision of services. In the event of a spill or leak, the Contractor shall immediately notify the Town and shall send a representative to the location of the incident. If the spill or leak is in a street location and/or is a public safety hazard, the Contractor shall also immediately request the Public Services Division to notify Union County Sheriff Department and the appropriate personnel within the Public Services Division to dispatch traffic control and any other required public safety personnel. The Town and the Contractor will evaluate the spill or leak to determine proper handling. The Town must approve the Contractor's recommended clean-up plan, which may require steam cleaning. The cleanup must commence as soon as possible but no later than two (2) hours following the spill or leak. After application of absorbent materials is complete, the Contractor is responsible for removal of the absorbent material and/or cleaning of the street, if necessary. The Contractor shall notify the Town when the clean up is completed so that a follow-up inspection can be conducted to ensure that the clean up has been completed to the satisfaction of the Town. Any fluids associated with the spill or the cleanup shall be recovered for proper disposal and shall NOT be released into the stormwater system. b. In the event the vehicle operator fails to remove the leaking vehicle from service or call for the on-call mechanic to make field repairs, and continues collecting the route spreading puddles of hydraulic fluid or oil throughout the road system, the Contractor shall be liable for Negative Adjustments as provided in Section 1.7 of this Exhibit 1.

3.5 Vehicle Identification

Each Contractor vehicle will be clearly identified with the Contractor name, a vehicle number, and a local telephone number that can be clearly read.

SECTION 4 - DISPOSAL AND PROCESSING SITES

4.1 Ownership of Materials

The Contractor shall not assert or claim any property rights to Solid Waste, Recyclables, Yard Waste, or Storm Debris collected under this Contract.

4.2 Disposal and Recycling Facilities

a. All Solid Waste Yard Waste and Bulk and E-Waste shall be delivered to a Disposal Facility, and all Recyclables shall be delivered to a Recycling Facility. The Town is not liable for any damages caused on account of the Solid Waste, Recyclables, Yard Waste and Bulk and E-Waste, or any other materials collected. b. The Contractor shall be responsible for abiding by all rules and policies pertaining to the delivery of Solid Waste, Yard Waste and Bulk and E-Waste as directed by the Disposal Facility, and delivery of Recyclables as directed by the Recycling Facility. A copy of the current policies and procedures for the Disposal Facility will be provided by the Contractor, and are subject to modification from time to time.

4.3 Additional Requirements for Recyclable Material The Contractor shall be responsible for transporting the recyclable materials to a processing site and must have established buyers or markets for the Recyclables. The Contractor shall be required to identify the buyers of Recyclables upon request by the Town. Recyclable materials collected for the purpose of Recycling may not be deposited in any landfill. If the Contractor delivers uncontaminated Recyclables to the landfill, Damages in the amount of one thousand dollars ($1,000.00) per incident will be assessed, provided, Town shall not be liable for the mishandling of any such contaminated materials.

If discovered that uncontaminated recyclable materials are placed into a landfill, the Town reserves the right to cancel the Contract. The Contractor shall be totally responsible for the processing and marketing of all recyclable materials collected pursuant to the Contract.

The Contractor may deliver Recyclables to a Material Recovery Facility of the Contractor's choosing. The Town shall not be liable for any charges or penalties associated with the delivery of materials in route to the Materials Recovery Facility

In addition to the Records and Reporting required in Section 5.1 of the RFP and along with the Town’s monthly reporting on services provided, the Contractor shall provide the Town with a report indicating any monies received for recyclable materials collected under the contract: by type of material sold, its unit price and weight. This report should reflect the amount shown as a recycle credit on the Town’s monthly invoice.

SECTION 5 - PERSONNEL AND SAFETY

5.1 Contact

service complaints such as Littering, private property damage, or Vehicle Leaks and Spills. Request(s) for Service may be transmitted by phone, email, or tracking a software from the Town or Customer to the Company. All Requests for Service shall be entered into the tracking software for reporting purposes. All Contractor personnel shall be directed by a Route Manager permanently stationed within the Town after 12-month of commencement of this Contract. The Contractor shall furnish the Town the name of the Route Manager prior to the starting date and shall notify the Town immediately if the Route Manager is changed at any time. The Contractor's Route Manager shall serve as the contact person for dealings and communications with the Contractor. A request to the Contractor's representative shall always constitute a request to the Contractor. a. A responsible person in charge shall be present at the Contractor's local office during the time period 8:00 a.m. to 5:00 p.m. from Monday through Friday, and on Saturday when collection is scheduled, with the authority to make decisions relevant to operations under this Contract. Route supervisors will be accessible by telephone between the hours from 5:30 a.m. to 8:00 p.m. on all days when collection operations are in progress. The names and phone numbers of emergency representatives shall be given to the Town prior to the starting date, and shall be updated as soon as any changes are made. Contractor's emergency representative shall be responsible for responding to any Requests for Service from the Town on non-collection days and evenings. If Friday is a scheduled collection day, misses will be collected on Saturday. b. The Town will designate a contact person for operational issues and a contact person for Contract administration issues. It is, however, recognized that daily operational communications will occur at all levels of staff. To the extent that these communications facilitate job performance, they are encouraged. c. The Contractor shall provide, at the Contractor's cost, sufficient communicating devices to facilitate good two-way communication between Contractor personnel, and the Public Services Division supervisory staff and support personnel.

5.2 Employees: Character of Workers

Commercial Driver's License issued by the State of North Carolina for the class appropriate to the weight of the vehicle being driven. The Town reserves the right to require the Contractor to provide proof of compliance with federal laws regarding Commercial Driver's Licenses, specifically information regarding drug testing. e. The Contractor's employees, officers, and agents shall, at no time, be allowed to identify themselves or in any way represent themselves as being employees of the Town.

5.3 Property Damage/Accidents

a. Property Damage - As between the Town and the Contractor, the Contractor shall retain full responsibility for all claims of damage to private property caused by the negligence or willful misconduct of the Contractor. In the event of any property damage caused by the Contractor, the Contractor shall: 1. Immediately notify the Town by telephone. 2. Leave a notice at the time of the damage at the Residential Unit or Designated Non-Residential Location where the damage occurred, informing the Customer of the damage and the telephone number of the Contractor to call for follow-up. 3. Provide a written explanation to the Town of the circumstances, results of any investigation, and disposition of the claim. 4. Notify the Customer within ten (10) working days in writing of the disposition of the claim and provide a copy to the Town. If the Contractor assumes responsibility for the damages, the notification shall include a date by which remedial action will be completed. The notification requirements of this paragraph do not apply to vehicular accidents occurring on public roadways. The Contractor shall refer all calls regarding reporting of property damage to the Town and the Town will forward such claims to the Contractor in the form of a Request for Service. b. Claim Resolution – The Contractor shall use its best efforts to promptly and expeditiously resolve claims. In the event that the Contractor denies responsibility for damages and the Customer pursues a remedy, the Town may investigate. If the Town believes that the Contractor is responsible and the Contractor continues to deny responsibility, the Town may pursue and the Contractor shall be obligated to the dispute settlement procedures as described in Section 10.12 of this Exhibit 1. c. Accidents – The Contractor shall notify the Town of all accidents in a timely manner.

Recyclables cart, and collect the Cart contents. If any Litter escapes from Contractor's collection vehicles on any roadways, the Contractor's equipment operator must immediately collect such Litter. In the event that Contractor does not immediately collect such Litter, the Contractor shall be subject to Negative Adjustments as stated in Section 1.7 of this Exhibit 1 for each such occurrence. The Contractor shall endeavor to prevent such occurrences by whatever means possible. b. The Contractor acknowledges that streets and alleys frequently include multiple utility features. Therefore, particular attention shall be given to the location of water meters, transformers, wires, utility poles, irrigation sprinkler heads and other private property features. Authorization to use the street or alley does not abrogate the Contractor's responsibility to exercise caution in relationship to the property of other authorized users.

5.5 Operator Awareness Training

a. The Contractor shall be responsible for maintaining levels of operator participation regarding correct collection of Solid Waste, Recyclables, Yard Waste and Bulk & E- Waste; and any additional collection. b. The Contractor shall be responsible for ongoing training of existing and new employees.

SECTION 6 - REPORTING REQUIREMENTS

6.1 Monthly Communication/Reports a. In addition to communications requirements described throughout this Contract, the Contractor shall be responsible for providing, at a minimum, the following information and reports to the Town on a monthly basis:

1. Responses to Requests for Service, including i. The residents requesting or receiving service; and ii. A log of all complaints and the actual or planned resolution; 2. Roll-out and Recyclables cart repair needs identified by the Contractor. 3. Street or alley repair needs identified by the Contractor. 4. A log of missed collections and responses; 5. A description of any vehicle accidents or infractions; 6. A listing of all accounts having a change of service during the month; 7. Weights in tons of Solid Waste and recyclable materials collected by commodity and where these items were transported to; 8. The number of households collected for each quarterly Bulk/E-Waste pickup; and 9. Other reasonable items as requested by the Town. b. The information listed above shall be submitted in a format approved by the Town. c. The Town and the Contractor shall meet on a monthly basis, or as often as deemed necessary by the Town, to review and discuss any operational issues, Contractor's performance, and any other issues pertaining to services provided under this Contract.

6.2 Quarterly Reports

a. The Contractor shall submit quarterly reports in an electronic format acceptable to the Town during the Contract term commencing three (3) months after Contractor commences provision of services. These reports shall be due by the 20th day of the month following the month for which the services were performed. The Town may withhold up to twenty-five percent (25%) of the latest monthly invoice until all items required in the report are submitted to the Town. The Town will pay the balance of the invoice after the required items are provided. At a minimum, the monthly report shall include: 1. The number of loads and weights of Solid Waste, Yard Waste and Bulk & E-Waste collected and delivered to the Disposal Facility per day, by route. 2. The number of loads and weights of Recyclables collected and delivered to the Recycling Facility. 3. Fiscal Year-to-date summary information of the data requested in 1 and 2 above. 4. Summary description of any property damage, including status and/or final disposition. 5. A narrative description of any significant operational issues during the month. 6. Other information as requested by the Town. b. In order to ensure that information/communications are consistent throughout the Town, the Contractor shall use the same forms that are currently used by Town staff, or other forms as designated by the Town. Parties shall discuss and agree upon appropriate means to disburse the information.

6.3 Storm Debris Reporting

The Contractor shall submit periodic, written reports to the Town as requested or required, detailing the progress of debris removal and disposal. These reports may include, but not be limited to:

a. Daily Reports: The daily reports may detail the location where passes for debris removal were conducted, the quantity of debris (by type) removed and disposed and the total number of personnel crews engaged in debris management operations. The Contractor will also report damages to private property caused by the debris operation or damage claims made by citizens and such other information as may be required to completed describe the daily conduct of the Contractor’s operations.

b. Weekly Summaries: A summary of all information contained in the daily reports as set out above.

c. Report(s) Delivery: The scheduling, point of delivery, and receiving personnel for the debris operations report(s) will be directed by the Town in consultation with Contractor.

d. Final Project Closeout: Upon final inspection and/or closeout of the project by the Town, the Contractor shall prepare and submit a detailed description of all debris management activities to include, but not be limited to, the total volume, by type of debris hauled, reduced, and/or disposed, plus the total cost of the project invoiced to the Town. If requested, Contractor shall provide any other additional information as may be necessary to adequately document the conduct of the debris management operations for the Town and/or other government entity.

e. Additional Supporting Documentation: The Contractor shall submit sufficient reports and/or documentation for debris loading, hauling, disposal, and load capacity measurements as may be required by the Town and/or government to support requests for debris project reimbursement from external funding sources.

6.4 Record Keeping, Accounting, and Auditing a. The Contractor shall keep and maintain complete and detailed records including, but not limited to, (i) records that provide the basis for all required reports including all matters affecting amounts payable by or to the Town or the Contractor, (ii) policies for required insurance, policy amendments, and all other related insurance documents, and (iii) accounting records and vouchers evidencing all costs, receipts, payments, and any other matter of accounting associated with the Contractor's performance in accordance with generally accepted accounting principles. b. The Contractor's books, records, and accounts shall accurately, fairly, and in reasonable detail reflect all Contractor's dealings and transactions, and shall contain sufficient data to enable those dealings and transactions to be audited in accordance with generally accepted governmental accounting and auditing standards. c. The Town, or its audit representative, shall have the right at any reasonable time to inspect, copy, and audit records relating to the services accounting records, vouchers, and their source documents which serve as the basis for costs, receipts, and payments. The said records shall be available for the Town's inspection and audit for a period of three (3) years following the termination of this Contract, and any extension of this Contract and for such further periods as may be necessary to resolve any matters which may be pending at that time or any longer period required by applicable law. The Contractor shall make available at Contractor's Indian Trail offices any such records to the Town upon request. d. The Contractor shall immediately notify the Town should it become apparent that the Contractor is unable to pay its debts as they become due and payable or if there is an adverse change in the Contractor's financial condition. e. The Contractor shall provide to the Town the Contractor's most recent audited financial statements or un-audited statements if the audited statements are not then available. This should be completed within 30 days of finalized statements.

6.5 Reliability of Reports

The Contractor represents that all information the Contractor has provided or will provide to the Town is true and correct and can be relied upon by the Town. Any material false or misleading information or omission is just cause for the Town to terminate this Contract and/or pursue any other appropriate remedy.

6.6 Observation and Inspection a. The Town, its representatives, and invitees shall have the right to observe and inspect operations at all times, provided it is conducted in such a manner so as to minimize interference with the Contractor's performance and operations. The inspection may review operating records for the current and previous Contract years, and may consist of an inspection of the physical areas of operations and equipment with emphasis on safety and hazard mitigation. b. The Town, at its own expense, may at any commercially reasonable time inspect any and all records relating to the services performed to verify that the services are being performed in accordance with this Contract. c. The Town's inspections shall not relieve the Contractor of any of its obligations herein or impose any liability upon the Town.

6.7 Withholding of Payment

All monthly reports listed in Section 6 of this Exhibit 1 must be submitted by the 20th of the following month or up to 25 percent of the current pay request will be withheld until these reports are received.

SECTION 7 – ADJUSTMENTS

7.1 CPI Adjustment

On an annual basis, in the discretion of the Town Manager after notice from Contractor as set out below, the Solid Waste Collection service rate charged by the Contractor to the Town for the second and subsequent years of the term hereof may be adjusted upward or downward to reflect the changes in the Consumer Price Index (the “C.P.I.”) during the preceding twelve months. For the purposes of this Contract, CPI shall mean the Consumer Price Index for the U.S. City Average, All Urban Consumers, garbage and trash collection services. The Contractor shall give notice of the increase or decrease before April 1st of each Contract year. The initial rate adjustment, if any, shall take effect on July 31, 2018 and any successive rate increases or decreases on the succeeding year will become effective on July 31 of each subsequent year throughout the term of the Contract after approval of the annual Town budget. For clarity and by way of example, if prior to April 1, 2018 the Contractor requests a C.P.I. adjustment increase of 2% based on the unadjusted percent change from March, 2017 to March, 2018, and the Town Manager approves the increase, the Solid Waste Collection service rate set out in the chart in Section 1.1(A) of this Exhibit 1 shall adjust upwards by 2% from $3.99 per household per month to $4.07 per household per month, effective July 31, 2018. Subsequent adjustments shall be made from the most recent annual pricing. Tipping or other disposal fees shall not be adjusted.

7.2 Adjustments to Residential Unit Count

Adjustments in the Residential Unit count shall be made monthly during the Contract Term. The Town shall provide the counts using the most recent counts available for occupied dwellings in the GIS database.

7.3 Adjustments to Tipping Fees if Town Exercises its Right to Choose a Disposal Facility; Possible Adjustment to Solid Waste Service Rate

As provided in this Contract, the Town has reserved the right to designate a Disposal Facility other than GB Transfer. If the Town Manager opts to designate a Disposal Facility other than GB Transfer for Solid Waste, Bulk/E-Waste, Yard Waste, or Storm Debris, any tipping or disposal fees for Solid Waste, Bulk/E-Waste, Yard Waste, or Storm Debris shall be adjusted upwards or downwards to reflect the actual fee charged by the new Disposal Facility.

However, if the Town Manager opts to designate a Disposal Facility other than GB Transfer, and the new Disposal Facility charges a tipping fee at a rate less than the rates set out for tipping fees in Section 1.1(A) of this Exhibit 1, Contractor shall have the right of first refusal to match any such alternate Disposal Facility’s tipping rate and, in connection with its right of first refusal, require the continued use of GB Transfer as Town’s Disposal Facility. Town shall give Contractor prompt written notice of any such proposed alternative lower Disposal Facility tipping fee rate and Contractor shall respond within five (5) business days from receipt of such notice to respond advising Town whether it will match the alternative lower Disposal Facility tipping fee rate. If Contractor elects not to match the alternative Disposal Facility’s tipping fee rate, or does not respond within the five (5) business day period set out above, then the Town shall not be obligated to use GB Transfer as its Disposal Facility. Town shall not be charged any surcharge in connection with the designation of a Disposal Facility for lower tipping fees or in connection with a matched Disposal Facility tipping fee rate.

If the Town Manager opts to designate a Disposal Facility for Solid Waste other than GB Transfer, and the new Disposal Facility charges a tipping fee at a rate higher than the rates set out for tipping fees in Section 1.1(A) of this Exhibit 1 for Solid Waste, then during the period that the Disposal Facility is a facility other than GB Transfer, the service rate for Solid Waste disposal shall be increased by 14% over the then current service rate for Solid Waste disposal and the Town will be solely responsible for payment of disposal fees directly to the disposal facility. Additionally, the Town shall pay the additional transportation costs. For clarity and by way of example, if the Town Manager opts to designate a Disposal Facility other than GB Transfer for Solid Waste, and the Disposal Facility charges a tipping fee at a rate higher than the rates set out for tipping fees in Section 1.1(A) of this Exhibit 1, and if the then current service rate for Solid Waste disposal is $3.99 per household per month, then the new service rate for Solid Waste disposal shall be $4.55 per household per month.

In the event that Contractor denies the use of GB Transfer or GB Transfer becomes unavailable for use, the Service Rates and Tipping Fees set out in Section 1.1(A) of this Exhibit 1 shall be fixed and govern all pricing, subject to any possible adjustment for CPI.

SECTION 8 - INSURANCE AND PAYMENT/PERFORMANCE SURETY

8.1 Coverages

The Contractor shall at all times during the Contract maintain in full force and effect General Liability and Workers’ Compensation Insurance. All insurance shall be reasonably acceptable to the Town and before commencement of work hereunder. Prior to execution of this Contract, the Contractor must provide the Town with a certificate of insurance. The Town will be named as an additional insured on any policy secured by the Contractor. All certificates of insurance will require thirty (30) days written notice by the insurer or Contractor's agent in the event of cancellation, reduction, or other modification of coverage of insurance. Upon failure of the Contractor to provide such notice, the Contractor will be solely responsible for all losses incurred by the Town for which insurance would have provided coverage. The certificate of insurance shall be for the initial Contract period of one (1) year and shall be renewed by the selected Contractor for each subsequent renewal period of the Contract.

It shall be the Contractor's responsibility to ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet and the Town is provided with a certificate of insurance from the subcontractor’s coverage provider naming the Town as an additional insured on the policy.

The Contractor must maintain insurance policies at all times throughout the term of the Contract with minimum limits as follows:

Insurance Limits

Coverages Limits of Liability

Workers’ Compensation Statutory As required by State Law Employer’s Liability Companys and subcontractors shall be responsible for workers’ compensation insurance for subcontractors or sub lessees who directly or indirectly provide services or lease premises under the Town of Indian Trial’s Contract.

Commercial General Liability $1,000,000 per accident

Bodily Injury Liability Except Automobile $3,000,000 aggregate

Property Damage $1,000,000 per accident

$1,000,000 aggregate

Comprehensive Auto $1,000,000.00

Liability Bodily Injury

Comprehensive Auto $1,000,000.00

Liability- Property Damage

Environmental Liability $1,000,000.00

Excess Umbrella Liability $5,000,000.00 each occurrence

8.2 Pollution Liability.

Contractor shall provide pollution liability coverage to cover bodily injury; property damage, (including natural resource damage), cleanup costs, removal, storage, disposal, and or use of the pollutant; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. Coverage shall apply to the sudden and gradual pollution conditions resulting from the escape of smoke vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gases, waste materials, or other irritants, contaminants or pollutants (including asbestos). The Contractor warrants any retroactive date applicable to coverage under the policy that precedes the effective date of the Contract.

Current, valid insurance policies meeting the requirements herein identified shall be maintained during the Contract Term. Renewal certificates shall be sent to the Town 30 days prior to an expiration date. There shall also be a 30-day notification to the Town in the event of cancellation, modification of coverage, or reduction of aggregate limits below those required in Section 8 of this Exhibit 1. Certificates of insurance meeting the required insurance provisions shall be forwarded to the Town. Wording on the certificate that states that no liability shall be imposed upon the company for failure to provide such notice is not acceptable.

It is agreed that the Contractor will be responsible for notifying the Town of any material changes in a policy.

It shall be the Contractor's responsibility to ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet.

All certificates of insurance shall be furnished on an ACORD form or equivalent as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

8.3 Performance and Payment Bonds

At the time of execution of the Contract, Contractor shall have provided to the Town an annually renewable payment bond in the amount equal to one hundred percent (100%) of the Contract

price (as determined by the Town) and an annually renewable performance bond in an amount equal to one hundred percent (100%) of the Contract price (as determined by the Town) in accordance with Section 5.8 of the RFP. Any notice of cancellation of such bonds must be served upon the Town by delivering a written notice of cancellation (30) days prior to the effective date of said cancellation. This Contract shall not be terminated because of this provision if, within ten (10) days after bond cancellation as provided above, provider files with the Town similar bonds approved by the Town to be effective for the balance of the Contract period commencing on the date of such termination.

SECTION 9 - REPRESENTATIONS AND WARRANTIES

The Contractor represents and warranties satisfactory performance in accordance with this Contract.

SECTION 10 - GENERAL PROVISIONS

10.1 Taxes

The Contractor shall promptly pay all taxes and license fees required by the Town and by the State of North Carolina.

10.2 Permits

The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Agreement) required by the Town, by the State of North Carolina, or by the federal government.

10.3 Governing Law; Forum; Venue

The terms, conditions and provisions in the RFP supplement the Contract between the Town and the Contractor. This Contract shall be governed under the laws of the State of North Carolina. The appropriate forum for judicial interpretation of this Contract and the sole venue for legal actions concerning this Contract shall be the Courts of Union County, North Carolina.

10.4 Headings

The headings of the paragraphs and subparagraphs shall not be interpreted as a limitation upon the language contained therein.

10.5 Cost

Any new cost not specifically noted in this Contract must be submitted to the Town in writing for approval in advance.

10.6 Independent Contractor

The Contractor and the Town agree that the Contractor is an independent contractor and not an employee nor agent of the Town. The Contractor shall have exclusive control of and the exclusive

right to control the details of the services and work performed, and such action does not create a partnership, agency, joint venture or other similar relationship between the Town and the Contractor.

The Contractor agrees that it will not represent to anyone that its relationship with the Town is other than that of an independent Contractor, and the Town and the Contractor may so inform any parties with whom they deal and may take any other responsible steps to carry out the intent of this section. The Contractor shall be fully and solely responsible for its own acts and omissions and those of its employees, officers, agents, and subcontractors.

10.7 Disclosure of Sub-Contractors

At any time the Contractor decides to use a subcontractor for Solid Waste services, the Contractor shall submit information about the subcontractor sufficient for the Town to determine compliance with all of the requirements of this Contract as stipulated herein. Written approval of the Town Manager is required before the use of a subcontractor.

10.8 Use of Contractors

No subcontractors may be used without the prior written approval of the Town Manager.

10.9 Assignment

The obligations of the Contractor are not to be assigned or transferred to any person or organization without the prior written approval of the Town Council.

10.10 Self Reliance

The Town makes no guarantee on any of the estimates contained in the RFP and provides this data for informational purposes only. Contractors are expected to conduct their own investigations and research of relevant information used to develop their proposals, including but not limited to the estimated number and type of housing units, anticipated participation, diversion, container weights and all conditions related to the services provided.

The Contractor shall make no claims against the Town as a result of estimates or projections used herein, statements, or interpretation of data by Town staff or its agents.

10.11 Binding Effect

This Contract shall inure to the benefit of and be binding upon the lawful successors and permitted assigns of the parties hereto.

10.12 Dispute Settlement

date of the Director's decision. The Town Manager must render a written decision to the Contractor within thirty (30) days from the date of the appeal. The decision of the Manager shall be subject to formal mediation between the parties. If mediation is not successful, either party may bring an action in a court in Union County, NC. The prevailing party shall be entitled to reimbursement of reasonable attorney's fees not to exceed a maximum of the amount of attorney's fees actually expended in litigation.

10.13 Town Not Liable for Delays

It is further expressly agreed that in no event shall the Town be liable for or responsible to the Contractor for or because of any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or due to any delay for any cause over which the Town has insufficient control to cause a different result.

10.14 Cooperation in Disasters

The Contractor shall acknowledge the presence of other contractors involved in disaster response and recovery activities of the federal, state, and local government, and of any private utility, and shall not interfere with their work during times of declared disaster or a local emergency.

SECTION 11 – DEFINITIONS

Bulk Waste is defined as those items included in Attachment 1 to this Exhibit, and excluding those items listed in Attachment 2 to this Exhibit.

Communication Plan means the plan prepared pursuant to Section 2.4 of this Exhibit 1 to facilitate communication between the Town, the Contractor, and its employees and/or subcontractors.

Computer Equipment means any desktop central processing unit, any laptop computer, the monitor or video display unit for a computer system, and the keyboard, mice, and other peripheral equipment as defined in N.C.G.S 130A-309.91. Computer Equipment does not include a large piece of commercial or industrial equipment, such as commercial medical equipment, that contains a cathode ray tube, a cathode ray tube device, a flat panel display, or similar video display device that is contained within, and is not separate from, the larger piece of equipment, or other medical devices as that term is defined under the federal Food, Drug, and Cosmetic Act. This definition is used in conjunction with the definition of E-Waste, set out below.

Customer means the recipient of collection services within the Town, provided through this Contract, and includes Residential Units and Designated Non-Residential Locations

Disposal Facility means a facility permitted to accept Solid Waste, Yard Waste, Bulk/E-Waste, and/or Storm Debris collected under the Contract as selected by the Town. The initial disposal facility for Solid Waste and Bulk Waste collected as part of this Contract shall be GB USA Transfer Station in Monroe, NC, (“GB Transfer”). The Town has the right to designate any Disposal Facility.

Designated Non-Residential Location means a non-residential location in the service area that receives collection and other Solid Waste services from the Company. An example would be public facilities or Union County Public Schools serving town residents.

Electronic Waste (E-Waste) means Computer Equipment, televisions, and residential consumer products that contain a circuit board. This category would include any printing device such as a printer, a scanner, a combination print-scanner-fax machine, or other device designed to produce hard paper copies from a computer; stereo equipment; telephones, cell phones, and similar recyclable products. E-Waste does not include electronics from an automobile, an appliance or a large piece of commercial or industrial equipment, such as commercial medical equipment, that contains a cathode ray tube, a cathode ray tube device, a flat panel display, or similar video display device that is contained within, and is not separate from, the larger piece of equipment, or other medical devices as that term is defined under the federal Food, Drug, and Cosmetic Act.

Excluded Waste is material which is or contains, or which Contractor reasonably believes to be or contain, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state or local laws or regulations

Fiscal Year means the Town fiscal year that runs from July 1 through June 30.

Hot Load means any vehicle carrying Solid Waste observed to be smoldering, smoking, on fire, giving off odors, or leaking a caustic or corrosive substance.

Implementation Plan means the Contractor’s plan containing the terms set out in Section 1.3 of this Exhibit 1, attached and incorporated as Attachment 4.

Littering means allowing spilled or wind-blown materials to come from the vicinity of the Company's truck hopper or to fall to the ground as the roll-out carts are emptied.

Material Recovery Facility means a site used for the collection, storage, and processing of Recyclables.

Recyclables means Solid Waste including but not limited to newsprint and inserts; glass food and beverage containers, plastic soft drink and liquor bottles; aluminum, steel, or tin cans; plastic milk jugs; and other items determined to be recyclable by the written mutual agreement between the Town and the Company.

Recycling means the collection of Recyclables.

Recycling Facility means a Materials Recovery Facility permitted to accept the delivery of Recyclables collected under this Contract as designated by the Town. The facility shall be designed, operated, and legally permitted for the purpose of receiving, sorting, processing, storing, or preparing Recyclables for sale.

Request(s) for Service means reported Customer service requests or discovered missed collection of Solid Waste, Recyclables, Yard Waste, or Bulk or E-Waste from any one Residential Unit, alley service, Designated Non-Residential Locations or Courtesy Collections. Request(s) for Service may also include requests for new service by newly occupied residential units that requires roll-out cart delivery and start of service, and requests for cart repair or replacement for an existing Customer.

Residential Unit means any single-family dwelling or rental unit with less than two dwelling units at one location.

Route Manager means the employee designated by the Company as the Company's primary representative with regard to matters involving this Contract.

Solid Waste means residential waste including but not limited to animal and vegetable matter; non-hazardous residential waste materials; properly contained medical waste; discarded food or beverage containers; glass wrapped to protect collectors if it should become broken; discarded toys, clothing and other residential items; but excluding liquids of any kind. For the purpose of this Contract, Solid Waste also includes garbage generated by Designated Non-Residential Locations.

Storm Debris consists of those Solid Waste and Yard Waste materials, in addition to other materials, generated, exposed, damaged or destroyed, or repositioned by a storm

Vehicle Leaks and Spills means leaks consisting of a constant drip of fluids or fluid spills that leave visible puddles or "staining" upon the pavement. These fluids can be any of the motor fluids, hydraulic fluids, or waste liquids from the compactor unit.

Yard Waste means grass, leaves, limbs, trimmings, or other plant or vegetative material generated by the Customer and separated and placed at curbside for collection. Yard Waste is prohibited from municipal landfills in the State of North Carolina.

Attachment 1 – Bulk Waste Items Accepted

Attachment 2 – Bulk Waste Items Not Accepted

Attachment 3 – Parks and Recreation 2017 Events

Attachment 4 – List of Alternative Materials

LAMPS: 4 Foot Fluorescent and under straight lamps 5 Foot Fluorescent and over straight lamps. Compact Fluorescent Shielded Fluorescent, all lengths U Shape & Circular Fluorescent HID, High Pressure Sodium, Mercury Vapor Lamps Low Pressure Sodium Lamps Incandescent Bulbs Mirrored Spot Lamps Broken/Crushed fluorescent lamps (Packaged in Sealed Container) Broken/Crushed HID lamps (Packaged in Sealed Container) 2" Grooved fluorescents, all lengths 4’ and 8’ w/ ballast module attached Floods, Plastic Encased Spots and Projector Lamps Neon Lamps. UV Lamps

BATTERIES DRY CELL TYPE BATTERIES Nickel Cadmium Nickel Metal Hydride Nickel Zinc Absolyte Cells Alkaline: Zero Mercury Added Alkaline: containing mercury Zinc-Carbon Zinc-Air Lead-Acid Cylinder Type Lead-Acid Gel Type Lead-Acid Steel Case Mercury Button Cells: Silver, Mercury, Zinc Air Lithium Lithium Ion

WET CELL TYPE BATTERIES Nickel Cadmium Nickel Iron Absolyte Cells Carbon Air Carbon Air with Mercury Lead Acid Automotive Type

Lead Acid Steel Case Magnesium BALLAST / CAPACITORS / ETC PCB-Ballast Recycling (capacitor material incinerated, metals recycled) Non-PCB Ballast Recycling (metals recycled) Non-PCB Capacitor Recycling PCB Capacitor Recycling Transformers Analyticals

LAMP FIXTURES NON-PCB 4ft – 2 bulb Lamp Fixtures 4ft – 4 bulb Lamp Fixtures 8ft – 2 bulb Lamp Fixtures 8ft – 4 bulb Lamp Fixtures HID Fixtures

MERCURY CONTAINING DEVICES Thermometers, manometers, switches, ignitrons etc.

COMPUTER and ELECTRONIC EQUIPMENT LCD Screens CRT Screens Keyboards Hard Drives Printers, Fax Machines, Copiers Televisions and Other Monitors Other Electronic Equipment

CARTRIDGE COLLECTION Laser Toner Cartridges Facsimiles Laser Toner Cartridges Ink Jet Cartridges Copier Toner Cartridges

AEROSOLS Aerosol Cans (mixed)

OTHER ITEMS: Household Paint Grocery Bags

Attachment 5 – Implementation Plan

Waste Connections, Inc. Indian Trail Implementation Plan

The purpose of Waste Connection’s Transition Plan is to ensure continuity of Solid Waste and Recycling Services provided to the residents of Indian Trail as the Town enters into a new Solid Waste and Recycling Agreement. This Plan will describe in detail the activities Waste Connections will undertake and the schedule that will be followed to successfully implement Waste Connection’s collection services under this Agreement commencing on July 31, 2017. Contract Award – assuming April 25, 2017 Key Milestone Dates April 25, 2017 - Waste Connections representative/s will attend the Indian Trial Town Meeting April 26, 2017 – Equipment Mobilization Waste Connections has confirmed the four (4) new CNG vehicle chassis and bodies are available and have been placed on purchase hold April 5, 2017. April 26, 2017 - Staffing Initiative Waste Connections shall post open driver positions on Waste Connections website and local employment search engines. Waste Connections shall schedule local job fair/s in the Indian Trail, Stallings and Monroe areas for the week of May 1, 2017. April 28, 2017 – Waste Connections shall place the order for the four (4) new CNG collection vehicles as described in Section 3.1 of Exhibit 1. May 1, 2017 – Operational Preparedness Plan Waste Connections recognizes Union County is the fastest growing County in NC and Indian Trail is the fastest growing municipality in Union County. Given this growth in Indian Trail it is likely the collection routes may have become unbalanced. If this is the case it is the intent of Waste Connections to balance the routes, but in doing so impact the fewest number of residences possible. Obtain copies of the existing routing structure and residence listing from the Town. May 1, 2017 – (week of) Waste Connections supervisors/managers will perform thorough route analysis to determine the need for route balancing (if necessary) by service day. Waste Connection shall meet with the Town to review and establish quarterly electronic report formatting.

Waste Connections shall hold its Job Fair. Waste Connections with the Town’s approval will arrange for a meeting and presentation by Recyclebank. The purpose of this meeting will be to demonstrate the value added option of Recyclebank’s community outreach and rewards program. May 8, 2017 – (week of) Waste Connections shall review routing solutions (if necessary) with the Town and finalize the new routing plan to ensure the safest and most efficient collection services for the Town. May 22, 2017 – (week of) On-Boarding of new employees. The on-boarding process will include, but not limited, review of specific collection services requirements, processes and plans specific to the Indian Trail Agreement such as, Customer Service, Professionalism, Workmanship, Elderly and Disabled Services, Alley Collection, Storm Debris Collection, Collection Impediments, Collection Vehicle Cleaning, Emergency Unloading, Vehicle Leaks and Spills, Hours of Collections, Emergency Plan, Property Damage/Accident reporting, Operator Awareness Training, all in accordance with Exhibit 1 Scope of Services, Prices and Terms for Solid Waste and Recyclables Collections and Disposal and Waste Connections standards. May 23, 2017 – Waste Connections representative/s shall attend Indian Trail Town Meeting and provide implementation plan progress report. June 5, 2017 – (week of) Assign drivers to their individual routes and deploy them to the Town to become familiar with the routing and determine the safest and most efficient routing, including Bonterra, Brandon Oaks, Holly Park, Taylor Glenn and Oakstone alleyways and other areas where the small collection vehicle will be utilized. Waste Connections shall communicate its collection plan (including but not limited to collections day/s, collection point, vehicle route) to the customers serviced via alley access via direct mailer. June 12, 2017 – (week of) Notify only those residents affected by a service day change of their new service days (if applicable) by direct mail and directing residents to the Town and/or Waste Connections website for a complete service by schedule by service day. June 13, 2017 – Waste Connections representative shall attend Indian Trail Town Meeting and provide implementation plan progress report. July 3, 2017 – (week of) Take delivery of new CNG vehicles and training drivers on the equipment specific operations. Roll out of TracEz Customer Service and Responsiveness tracking to the Town and provide a hyperlink on the Indian Trail website, which will take residents to the Trac EZ program. Add Indian Trail approved branding to all equipment to be utilized in the performance of

the Agreement. Install DriveCam/GPS in collection vehicles. July 11, 2017 – Waste Connections representative shall attend Indian Trail Town meeting and provide implementation plan progress report. July 31, 2017 – Contract commencement. Collections will begin in Zone 1, Monday @ 6:30 AM. August 8, 2017 – Waste Connections representative shall attend Indian Trail Town meeting and provide implementation plan progress report. October 6, 2017 – Waste Connections shall submit first quarterly report in an electronic format acceptable to the Town. October 24, 2017 – Waste Connections representative shall attend Indian Trail Town meeting and provide implementation plan progress report.

Attachment 6 – Town Limits

CONTRACT FOR SERVICES

This Contract for Services (this “Contract”) is made and entered into this ___ day of April, 2017 (“Effective Date”) between The Town of Indian Trail (“Town”) and Waste Pro of North Carolina Inc., ("Contractor”).

For and in consideration of the mutual promises set forth in this Contract, the parties do mutually agree as follows:

A summary of the Services provides and corresponding pricing is as follows:

Frequency Service Rate Tipping Fee I. Paid Services Solid Waste Monthly rate for Price/Household/Month Collection Service once per- week $4.03 $33.00/ton collection & (fixed for term of disposal of (subject to possible Contract) residential adjustment for CPI as garbage using a 96 provided in Section 7.1 of gallon rollout cart. Exhibit 1)

Recyclables Collection Monthly rate for Price/Household/Month Service once biweekly residential $2.59 $0/ton recycling service (fixed for term of Contract) (fixed for term of in a 96 gallon Contract) rollout cart.

Bulk/ E-Waste Quarterly rate for Price/Quarter Collection Service once per-quarter $2260.80 $33.00/ton collection & (fixed for term of Contract) (fixed for term of disposal of Contract) residential bulk/E- waste material. Yard Waste Monthly rate for Price/Household/Month Collection Service once biweekly residential $1.05 $18.00/ton curbside yard (fixed for term of Contract) (fixed for term of waste service/ Contract) Storm Debris As needed Service Rate Collection Service (Hourly Rate Per Hour, Per Two-Manned Truck) $18.00/ton (fixed for term of $125.00 Contract) (fixed for term of Contract)

Additionally, there may be a fuel surcharge as provided in Section 7.2 of Exhibit 1. II. Services Provided at No Additional Charge (costs included in above fees; see Exhibit 1 for a more detailed description) - Above Services to Town Facilities - Recycling/Solid Waste Services for Parades/Special Events - Temporary Restroom Services for Parades/Special Events - Above Services to Public Schools - Enhanced Recycling Services - Provision/Maintenance of Collection Bins - Elderly and Disabled Service - Alley Collection - Promotion and Education about Collection Procedures and Benefits of Recycling and Environmental Stewardship. - Public Information Meetings - Customer Service - Value Added Services

The Services shall be provided within the corporate limits of the Town. A map showing the corporate limits is attached to the Price and Scope Summary.

The Contractor shall begin the “Implementation Planning” as defined in the Price and Scope Summary promptly after the execution of this Contract.

The Contractor shall begin collection Services on July 31, 2017.

The Term of this Contract is set forth below.

The Contractor agrees to perform the Services in a timely, complete, and professional manner and in accordance with the terms and conditions of this Contract. Furthermore, the Contractor

represents and warrants that (i) it is duly qualified and licensed to provide the Services and has the qualifications submitted to the Town in its proposal, (ii) it will provide the Services in a manner consistent with the level of care and skill ordinarily exercised by contractors providing similar services under similar conditions, (iii) it possesses sufficient experience, personnel, and resources to complete the Services, (iv) it shall perform the Services in compliance with applicable laws, statutes, ordinances, codes, orders, rules and regulations, and (v) its reports, if any, shall be complete, accurate, and unambiguous.

5. Contractor Supervisor. Jennifer Herring is designated as the Contractor Supervisor for the Contractor. The Contractor Supervisor is fully authorized to act on behalf of the Contractor in connection with this Contract. The Contractor Supervisor may change the Contractor Supervisor by providing written notice to the Town.

7. Standard Terms and Conditions: Contractor agrees to the Standard Terms and Conditions set forth as Attachment A, attached hereto and incorporated herein by reference.

Attachment and Exhibit List: Attachment A: Standard Terms and Conditions Exhibit 1: Price and Scope Summary Exhibit 2: RFP

[THE REST OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY] [SIGNATURES ON NEXT PAGE]

IN WITNESS WHEREOF, the Town and the Contractor have executed this Contract on the day and year first written above.

Waste Pro of North Carolina Inc. Contractor Name

Signature of Authorized Representative Date

Contractor's Federal Identification # [if Contract is with Organization or Social Security Number if individual]

TOWN OF INDIAN TRAIL

______Town Manager Date

______Mayor Date

This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act.

______Town Finance Officer Date

ATTACHMENT A

Standard Terms and Conditions

1. Entire Agreement. The terms and provisions set forth in the Contract shall constitute the entire agreement between Contractor and Town with respect to the purchase by Town of the Services provided or work performed. 2. Compliance with All Laws. Contractor warrants that all performance hereunder shall be in accordance with all applicable federal, state and local laws, regulations and orders. 3. Indemnification. Contractor shall indemnify and hold harmless Town, its officers, agents, employees and assigns from and against all claims, losses, costs, damages, expenses, attorneys' fees and liability that any of them may sustain (a) arising out of Contractor's failure to comply with any applicable law, ordinance, regulation, or industry standard or (b) arising directly or indirectly out of Contractor's performance or lack of performance of the terms and conditions of the Contract. In the event Contractor, its employees, agents, subcontractors and or lower-tier subcontractors enter premises occupied by or under the control of Town in the performance of the Contract, Contractor agrees that it will indemnify and hold harmless Town, its officers, agents, employees and assigns, from any loss, costs, damage, expense or liability by reason of property damage or personal injury of whatsoever nature or kind arising out of or as a result of any negligence or willful misconduct of Contractor, its employees, agents, subcontractors, and/or lower-tier subcontractors. 4. Insurance. [Intentionally deleted, see Exhibit 1] 5. Termination for Convenience. In addition to all of the other rights which Town may have to cancel this Contract, Town shall have the further right, without assigning any reason therefore, to terminate this Contract, in whole or in part, at any time at its complete discretion by providing thirty (60) days’ notice in writing from Town to Contractor. If the Contract is terminated by Town in accordance with this paragraph, Contractor will be paid for Services provided through the termination date. 6. Termination for Default. Town may terminate the Contract, in whole or in part, immediately and without prior notice upon breach of the Contract by Contractor if Contractor fails to cure the breach within ten (10) days of receiving written notice from Town. In addition to any other remedies available to Town law or equity, Town may procure upon such terms as Town shall deem appropriate, Services substantially similar to those so terminated, in which case Contractor shall be liable to Town for any excess costs for such similar supplies or services and any expenses incurred in connection therewith. 7. Contract Funding. It is understood and agreed between Contractor and Town that Town's obligation under the Contract is contingent upon the availability of appropriated funds from which payment for Contract purposes can be made. No legal liability on the part of Town for any payment may arise until funds are made available to Town’s Finance Officer and until Contractor receives notice of such availability. Should such funds not be appropriated or allocated, the Contract shall immediately be terminated. Town shall not be liable to Contractor for damages of any kind (general, special, consequential or exemplary) as a result of such termination. 8. Accounting Procedures. Contractor shall comply with any accounting and fiscal management procedures prescribed by Town to apply to the Contract and shall assure such fiscal control and accounting procedures as may be necessary for proper disbursement of and accounting for all project funds. 9. Improper Payments. Contractor shall assume all risks attendant to any improper expenditure of funds under the Contract. Contractor shall refund to Town any payment made pursuant to the Contract if it is subsequently determined by audit that such payment was improper under any applicable law, regulation or procedure. Contractor shall make such refunds within 30 days after Town notifies Contractor in writing that a payment has been determined to be improper. 10. Contract Transfer. Contractor shall not assign, subcontract or otherwise transfer any interest in the Contract without the prior written approval of Town Manager. 11. Contract Personnel. Contractor agrees that it has, or will secure at its own expense, all personnel required to perform the Services set forth in the Contract.

12. Key Personnel. Contractor shall not substitute for key personnel (defined as those individuals identified by name or title in the Contract or in written communication from Contractor) assigned to the performance of the Contract without prior written approval from Town Project Coordinator (the individual at Town responsible for administering the Contract). 13. Contract Modifications. The Contract may be amended only by written amendment duly executed by both Town and Contractor. 14. Relationship of Parties. Contractor is an independent contractor and not an employee of Town. The conduct and control of the work will lie solely with Contractor. The Contract shall not be construed as establishing a joint venture, partnership or any principal-agent relationship for any purpose between Contractor and Town. Employees of Contractor shall remain subject to the exclusive control and supervision of Contractor, which is solely responsible for their compensation. 15. Advertisement. The Contract will not be used in connection with any advertising by Contractor without prior written approval by Town. 16. Nondiscrimination. During the performance of the Contract, Contractor shall not discriminate against or deny the Contract's benefits to any person on the basis of sexual orientation, national origin, race, ethnic background, color, religion, gender, age or disability. 17. Conflict of Interest. Contractor represents and warrants that no member of Town or any of its employees or officers who may obtain a direct benefit, personal gain or advantage for themselves or a relative or associate as a result of the Contract, subcontract or other agreement related to the Contract is in a position to influence or has attempted to influence the making of the Contract, has been involved in making the Contract, or will be involved in administering the Contract. Contractor shall cause this paragraph to be included in all Contracts, subcontracts and other agreements related to the Contract. Contractor shall not be permitted to employ any Town official, councilor, or employee during the term of this Contract and within one (1) year thereafter. 18. Gratuities to Town. The right of Contractor to proceed may be terminated by written notice if Town determines that Contractor, its agent or another representative offered or gave a gratuity to an official or employee of Town in violation of policies of Town. 19. Kickbacks to Contractor. Contractor shall not permit any kickbacks or gratuities to be provided, directly or indirectly, to itself, its employees, subcontractors or subcontractor employees for the purpose of improperly obtaining or rewarding favorable treatment in connection with a Town Contract or in connection with a subcontract relating to a Town Contract. When Contractor has grounds to believe that a violation of this clause may have occurred, Contractor shall promptly report to Town in writing the possible violation. 20. Monitoring and Evaluation. Contractor shall cooperate with Town, or with any other person or agency as directed by Town, in monitoring, inspecting, auditing or investigating activities related to the Contract. Contractor shall permit Town to evaluate all activities conducted under the Contract. Town has the right at its sole discretion to require that Contractor remove any employee of Contractor from Town Property and from performing Services under the Contract following provision of notice to Contractor of the reasons for Town’s dissatisfaction with the services of Contractor’s employee. 21. Financial Responsibility. Contractor is financially solvent and able to perform under the Contract. If requested by Town, Contractor agrees to provide a copy of its latest audited annual financial statements or other financial statements as deemed acceptable by Town's Finance Officer. In the event of any proceedings, voluntary or involuntary, in bankruptcy or insolvency by or against Contractor, the inability of Contractor to meet its debts as they become due or in the event of the appointment, with or without Contractor’s consent, of an assignee for the benefit of creditors or of a receiver, then Town shall be entitled, at its sole option, to cancel any unfilled part of the Contract without any liability whatsoever. 22. Governmental Restrictions. In the event any governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the Contractor to notify, in writing, the issuing purchasing office at once, indicating the specific regulation which required such alterations. Town

reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract. 23. Inspection at Contractor’s Site. Town reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective contractor prior to Contract award, and during the Contract term as necessary for Town determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract. 24. Confidential Information. Employee Personnel Information: If, during the course of Contractor's performance of the Contract, Contractor should obtain any information pertaining to employees of Town’s personnel records, Contractor agrees to keep any such information confidential and to not disclose or permit it to be disclosed, directly or indirectly, to any person or entity. Other Confidential Information: (a) Contractor agrees that it will at all times hold in confidence for Town all designs, know-how, techniques, devices, drawings, specifications, patterns, technical information, documents, business plans, item requirements, forecasts and similar data, oral, written or otherwise, conveyed by Town to Contractor in connection herewith or procured, developed, produced, manufactured or fabricated by Contractor in connection with Contractor's performance hereunder (collectively, "Information"). Contractor shall exercise the same degree of care to prevent disclosure of any Information to others as it takes to preserve and safeguard its own proprietary information, but in any event, no less than a reasonable degree of care. Contractor shall not, without the prior written consent of Town, reproduce any Information; nor disclose Information to any party; nor use any Information for any purpose other than performance for the benefit of Contractor hereunder. (b) Any technical knowledge or information of Contractor which Contractor shall have disclosed or may hereafter disclose to Town in connection with the Services or other performance covered by the Contract shall not, unless otherwise specifically agreed upon in writing by Town, be deemed to be confidential or proprietary information and shall be acquired by Town free from any restrictions as part of the consideration of the Contract. 25. Intellectual Property. Contractor agrees, at its own expense, to indemnify, defend and save Town harmless from all liability, loss or expense, including costs of settlement and attorney's fees, resulting from any claim that Town's use, possession or sale of the Services infringes any copyright, patent or trademark or is a misappropriation of any trade secret. 26. No Pre-Judgment or Post-Judgment Interest. In the event of any action by Contractor for breach of contract in connection with the Contract, any amount awarded shall not bear interest either before or after any judgment, and Contractor specifically waives any claim for interest. 27. Background Checks. At the request of Town’s Project Coordinator, Contractor (if an individual) or any individual employees of Contractor shall submit to Town criminal background check and drug testing procedures. 28. Mediation. If a dispute arises out of or relates to the Contract, or the breach of the Contract, and if the dispute cannot be settled through negotiation, the parties agree to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to litigation. 29. No Third Party Benefits. The Contract shall not be considered by Contractor to create any benefits on behalf of any third party. Contractor shall include in all contracts, subcontracts or other agreements relating to the Contract an acknowledgment by the contracting parties that the Contract creates no third party benefits. 30. Force Majeure. If either party is unable to perform its obligations or to accept the Services because of Force Majeure (as hereinafter defined), the time for such performance or acceptance of Services will be equitably adjusted by allowing additional time for performance or acceptance of Services equal to any periods of Force Majeure. “Force Majeure” shall mean any delays caused by acts of God, riot, war, terrorism, inclement weather, labor strikes, material shortages and other causes beyond the reasonable control of each party hereto. 31. Ownership of Documents. All documents created pursuant to the Contract shall, unless expressly provided otherwise in writing, be owned by Town. Upon the termination or expiration of the Contract, any and all finished or unfinished documents and other materials produced by Contractor

pursuant to the Contract shall, at the request of Town, be turned over to Town. Any technical knowledge or information of Contractor which Contractor shall have disclosed or may hereafter disclose to Town shall not, unless otherwise specifically agreed upon in writing by Town, be deemed to be confidential or proprietary information and shall be acquired by Town free from any restrictions as part of the consideration of the Contract. 32. Strict Compliance. Town may at any time insist upon strict compliance with these terms and conditions notwithstanding any previous course of dealing or course of performance between the parties to the contrary. 33. General Provisions. Town's remedies as set forth herein are not exclusive. Any delay or omission in exercising any right hereunder, or any waiver of any single breach or default hereunder, shall not be deemed to be a waiver of such right or of any other right, breach, or default. If action be instituted by Contractor hereunder, Town shall be entitled to recover costs and reasonable attorney's fees. Contractor may not assign, pledge, or in any manner encumber Contractor's rights under this Contract, or delegate the performance of any of its obligations hereunder, without Town's prior, express written consent. 34. Contract Situs. All matters, whether sounding in contract or tort relating to the validity, construction, interpretation and enforcement of the Contract, will be determined in Union County, North Carolina. North Carolina law will govern the interpretation and construction of the Contract. 35. Iran Divestment Act. Contractor hereby certifies that Contractor, and all subcontractors, are not on the Final Iran Divestment List (“List”) created by the North Carolina State Treasurer pursuant to N.C.G.S. 147, Article 6E. Contractor shall not utilize any subcontractor that is identified on the List. 36. E-Verification. Service Provider shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.

Exhibit 1

SCOPE OF SERVICES, PRICES, AND TERMS FOR SOLID WASTE AND RECYCLABLES COLLECTION AND DISPOSAL

SECTION 1 - SERVICES AND PRICING 1.1(A) PAID SERVICES

The following services under this Section 1.1(A) will be paid at the prices set out below.

Solid Waste Collection:

SOLID WASTE COLLECTION Tipping Fee Frequency/Service Service Rate (Per-Ton) (Price/Household/Month) Once per-week collection & disposal of Solid Waste using $4.03 $33.00 a 96 gallon rollout cart.

Recycling Collection:

The Town shall receive Recycling Collection services in accordance with the following prices. The price provided below is all inclusive indicating any and all costs associated with collection,

disposal or tipping fees, delivery and assembly fees of carts for new Customers, and any other costs which may be incurred. The Town reserves the right to select the Recycling Facility and obligate the Contractor to use that facility (or facilities).

RECYCLING COLLECTION Frequency/Service Service Rate Price/Household/Month Biweekly residential Recycling service in a $2.59 96 gallon rollout cart.

Citizens shall have the ability under this Contract to request a second recycling rollout cart for the price of $2.59. The second cart shall be provided as an even cost split between the homeowner and the Town with the Contractor responsible for collecting fees from homeowner. There shall be no additional charge to the Town or homeowner for serving properties with two containers.

Contractor will pay 100% of Recycling rebates received to Town.

Bulk and E-Waste Collection

The Town shall receive Bulk and E-Waste Collection services in accordance with the following prices four (4) times per year. The price provided below is all inclusive indicating any and all costs associated with collection and any other costs which may be incurred. The prices below are a total amount to be invoiced once per-quarter for all households served (instead of being invoiced on a per-household basis). For clarity, the Tipping Fee below only reflects the actual fee charged by the disposal/transfer facility. The Town reserves the right to (but has no obligation to) negotiate tipping fees separately with individual facilities and obligate the Contractor to use that facility (or facilities). However, any increase in tipping fees charged to Contractor by any transfer or disposal facility shall not be passed on to Town, it being agreed that the risk of any such increase cost is borne by Contractor.

A list of Bulk Waste Acceptable and Unacceptable Items are attached hereto as Attachments 1 and 2, respectively, each incorporated by reference.

BULK AND E-WASTE COLLECTION Frequency/Service Service Rate Tipping Fee (Price/Quarter) (Per-Ton) Once per-quarter collection & disposal of residential $2,260.80 $33.00 Bulk/E-Waste material.

Contractor will provide on-call Bulk and E-Waste Collection and disposal for town residents outside of the planned four curbside collection events at a rate of $25.00 per pick-up. This fee shall be paid by the resident and the Town is not responsible for any associated disposal fee. Pick up shall occur within five (5) days of placement of an order.

Yard Waste Collection

The Town shall receive Yard Waste Collection services in accordance with the following prices. The price provided below are all inclusive indicating any and all costs associated with collection and tipping fees, delivery and assembly fees of carts for new Customers, and any other costs which may be incurred. Contractor agrees to provide annual Christmas tree collection services for Recycling purposes at no additional charge. For clarity, the Tipping Fee below only reflects the actual fee charged by the disposal/transfer facility. The Town reserves the right to (but has no obligation to) negotiate tipping fees separately with individual facilities and obligate the Contractor to use that facility (or facilities). However, any increase in tipping fees charged to Contractor by any transfer or disposal facility shall not be passed on to Town, it being agreed that the risk of any such increase cost is borne by Contractor. Supplementary enhanced fall leaf pickup services for all residents shall be provided biweekly for the months of September, October, and November, with a limit of 50 bags per resident per collection day. The cost for this enhanced service shall be incorporated into the above curbside collection.

YARD WASTE COLLECTION Tipping Fee Frequency/Service Service Rate (Per-Ton) (Price/Household/Month)

Biweekly residential $1.05 $18.00 curbside Yard Waste collection.

Storm Debris Collection

charged to Contractor by any transfer or disposal facility shall not be passed on to Town, it being agreed that the risk of any such increase cost is borne by Contractor.

STORM DEBRIS COLLECTION Frequency/Service Service Rate Tipping Fee (Hourly Rate, Per Two- (Per-Ton) Manned Truck)

Storm Debris collection as $125.00 $18.00 needed

2 Grapple Service Trucks stand ready to be deployed from the Indian Trail facility. Union County landfill will make available their site to stage and accept storm debris. Union County landfill is a FEMA approved disposal site.

The Town may be required to enter into agreements with Federal and/or State agencies for disaster relief. Contractor shall be bound by the terms and conditions of such agreements.

Contractor shall provide for debris removal and disposal of all eligible debris from the Town of Indian Trail in accordance with FEMA guidelines. The debris shall be taken to an approved dumpsite.

1.1(B) SERVICES PROVIDED AT NO ADDITIONAL CHARGE

The following services under this Section 1.1(B) shall be provided at no additional charge, said charges being incorporated into the above charges:

Community Services

At no additional charge, Contractor shall provide temporary restroom services for Town special events and parades on at least 7 days’ notice by the Town. Contractor shall provide all labor, equipment and material required to service and sanitize the temporary restrooms while in use for the Town special events and parades. Contractor shall provide cleaning and sanitizing services on a frequency to be mutually agreed upon between the Town and Contractor based on anticipated use during the special events and parades.

Public Schools Contractor shall provide Solid Waste, Bulk/E-Waste, Recycling, Yard Waste, and Storm Debris services described under Sections 1.1(A) of this Exhibit 1 for public schools inside Town limits, including but not limited to Union County Public Schools and Union Preparatory Academy and their special events (subject to change) at no additional charge. Also at no additional charge, the Contractor shall provide all labor, equipment and materials for Recycling education to public schools that serve the children of the Town. The container size, color, branding and service frequency shall be determined by the Town. The Contractor will maintain the equipment in reasonably good condition.

Enhanced Recycling Services At no additional charge, the Contractor shall accept in the Recycling composition of materials collected any new materials accepted by the Recycling Facility utilized by the Contractor. It is acknowledged that the expansion of Recycling services at the facility used by the Contractor shall result in the Contractor collecting those newly accepted materials, and the definition of Recyclables shall adjust to account for any increased available services upon the expansion of recycling services at the facility used by the Contractor. Such materials shall be collected under to the Recycling Collection services set out in Section 1.1(A) of this Exhibit 1. The Contractor shall provide communication to the residents of any new materials added to the Recycling composition.

At no additional charge, Contractor shall also provide for the recycling of the items on the “List of Alternative Materials” in Attachment 4. Such materials shall be collected in conjunction with the Bulk/E-Waste (quarterly) collection procedures set out in Section 1.1(A).

Provision of Collection Bins

by the Town and Contractor. Equipment furnished during the duration of the Contract shall initially be the property of the Contractor. The Town shall retain ownership of all carts after completion or any termination of the Contract.

Contractor shall be responsible for maintaining all existing and newly furnished containers in reasonably good condition. For maintenance of existing containers, the Contractor should generally assume one Solid Waste and one Recycling rollout cart for each household. Approximately 300 Waste Pro provided Yard Waste containers are presently in use by Customers. Additional containers provided between RFP issuance and Contract start date should also be taken into account. The Contractor shall also be responsible for replacing all carts that are lost, stolen, damaged, and/or worn beyond their useful life. Contractor shall have the right to charge the resident for the cost of repair or replacement due to gross abuse or negligence only with prior approval from the Town.

The provision of new carts and the maintenance or replacement of existing or newly provided carts shall be provided at no additional charge, said costs being included as part of the base Solid Waste and recycling rates noted above in Section 1.1(A) of this Exhibit 1.

Elderly and Disabled Service

Contractor shall provide back or side door pick up to elderly or disabled residents as designated by the Town who are physically unable to place container at curbside on pickup day. Contractor shall provide back or side door collection service for those residents not physically able to take carts to curbside provided there is no other occupant of the residence that is physically able to do so. There are approximately 35 known, existing back or side door Customers. A list of known existing back or side door residents will be provided to the Contractor. Back or side door service shall be provided at no additional charge, said costs being included as part of the base Solid Waste and recycling rates noted above in Section 1.1(A) of this Exhibit 1.

Alley Collection

Promotion and Education

benefits, provide a listing of what materials can go into the recyclable materials bin, provide instructions on the proper handling of the collection bins, and provide instructions on what residents are to do with trash that does not fit into the collection bins.

Public notification for quarterly Bulk/E-Waste pickup will include but not be limited to clearly marked magnetic calendars, dates appearing on Town website by providing a link on the Town’s web site redirecting residents to the Waste Pro website, and notification to subdivisions within Town limits for publishing in neighborhood newsletters. Contractor shall advertise the quarterly Bulk/E-Waste pickups in a local publication approved by the Town. Contractor will place neighborhood signs out on the Saturday before bulk collection starts.

Public Information Meetings

Prior to the start of services on July 31, 2017, at no additional charge, Contractor agrees to participate with Town staff and Council in two or more public meetings which will describe the new service to Town residents/Customers. Contractor and Town will discuss dates for Public Information Meetings and add them to the Implementation Plan.

Customer Service

Contractor shall maintain an online software program/application available to Town staff and residents for registering and tracking all issues related to Solid Waste and Recycling that is Trac

EZ software or its town approved equivalent. Town staff will receive training on the use of this program. Trained Town staff will periodically monitor the software and review the program for documented issues and their prompt resolution. The Town’s expectation is that all resident complaints must be resolved in no more than 24 hours of the resident’s notification of the issue. The Contractor shall maintain an office or other such facilities equipped with sufficient local telephone service through which they can be contacted. Any and all associated costs for this service are the sole responsibility of the Contractor. Responsible staff shall be available from 8:00 am to 5:00 pm daily on regular collection days. Contractor shall also ensure managerial staff is available to Town staff 24-hours per-day to address emergency events.

Value Added Services

$3.7 million dollar Operations/Fleet Center located in the Town of Indian Trail.

3rd Eye GPS/Camera system analytic software will provides unmatched awareness of what is happening with our vehicles and our drivers at all times.

Contractor shall provide Intelivert Workforce Safety Management System services. Intelivert Workforce Safety Management System takes a holistic view of safety qualification, safety orientation and training delivery, management of compliance, continued observation and inspection through electronic, mobile forms, and complete analytics and reporting.

Contractor shall use RCS, EnviroLogic hydraulic fluid produced by RSC, a product that is nonhazardous and biodegradable and produced here in Indian Trail. Additionally, all of the hydraulic lines will be armored to prevent leaks; and the use of EnviroLogic biodegradable hydraulic fluid will guarantee that if a line is compromised, it is a non-threatening environmental event.

Contractor shall utilize TRAC EZ, an on-line web based system that was created and designed to provide greater control and communication services to their residents regarding service delivery and service issues. This system is web based streamlining and offering “Real Time” communication, it gives all parties (Town, Residents, Business and Waste Pro) the ability to resolve complaints and requests for services in an organized, timely and cost saving manner.

As a discretionary service option, Contractor shall offer Waste Pro Rewards services, which is a program designed to enhance awareness through community outreach by engaging and educating through incentives using national and local businesses. The additional cost of the program is $.50 per month, per home.

Waste Pro will support the Town and work with the Town’s Staff to identify events, qualifications, requirements and develop program guidelines, and support such initiatives through sponsorship and in-kind donation.

1.2 Compliance Costs

or otherwise, at transfer facilities or elsewhere, created as a result of the materials collected by Vendor. Any Contracts with other providers or subcontractors shall also include provisions concerning independent contractor status, equal employment opportunity, non-assignment, disclosure of information and records, applicable law, and such other terms and conditions as the Town may require.

1.3 Implementation Planning

By May 10, 2017, the Contractor and Town shall meet and discuss the status of any necessary preparations for implementing the Services provided for under this Contract and work to ensure that Services are implemented in a timely fashion.

1.4 Collection of other Accounts

The Contractor shall not collect any materials from accounts outside of the Town boundaries and not covered by this agreement (see clause below on legacy accounts). The Contractor shall also not mix Solid Waste or Recyclables accounts in the vehicles assigned to the Town on each collection day. The Town will, at all times, have access to inspect the vehicles used in the collection of Solid Waste and Recyclables in the Town. The Contractor’s vehicles will be equipped with GPS, which may be used to verify collection points within the Town.

Contractor will collect Solid Waste and Recyclables in separate vehicles to ensure there is no comingling.

Contractor will provide credits for services on “legacy” pickup sites that are not in the Town. Credits will be listed on the monthly invoice.

1.5 Newly Developed and Annexed areas

1.6 Working Relationship

1.7 Negative Adjustments to Payments (Services not consistent with agreed upon service levels)

Action or Omission Negative Adjustments

If the Contractor fails to achieve the performance goals, all assessed Negative Adjustment charges will be deducted from the next scheduled monthly bill for quarterly assessments. Each successive quarter will be deducted from the October, January, April and July monthly bills. If the Contract is not extended or renewed in accordance with the Contract conditions, the Town will deduct any remaining damages owed the Town from the last payment. 1.8 Roll-Out and Recyclable Cart Placement: Contractor shall return roll-out carts and recyclable carts to their original position, taking care not to block access to driveways or mailboxes, and close all roll-out cart and recyclable cart lids after it has been emptied. Failure to meet these performance standards will be cause for default.

1.9 Excluded Waste

1.10 Town Limits

All services shall be performed within the Town Limits as set out in Attachment 5.

SECTION 2 - COLLECTION SCHEDULES AND ROUTING

2.1 Collection Days

Routes for Solid Waste, Recyclables, and Yard-Waste collection must be spread out evenly over five (5) business days, unless required for a holiday, weather related event, or emergency. Bulk and E-Waste collection will be scheduled for curbside pick-up four (4) times per year. Sunday collections are not permitted unless expressly authorized by the Town. Collection routes shall be established by the Contractor and approved by the Town. As detailed in this section, any change in days of collection must be approved by the town and announced by the Contractor in a newspaper having widespread local circulation.

2.2 Hours of Collection

2.3 Holiday Collection

Pickup days will not be reduced by holidays but may be combined. Pickups normally scheduled on holidays will be rescheduled on the next regular collection day or other day agreed upon by the Town and Contractor. Contractor will advertise a minimum of three (3) times in a local publication of the Town’s choosing, and provide Town sufficient notice to update Town’s website prior to any schedule changes for holidays.

The following is a list of holidays:

New Year’s Day Memorial Day Independence Day Labor Day

Thanksgiving Day Christmas Day

Contractor may decide to observe any or all of the above-mentioned holidays by suspension of collection service on the holiday, but the Contractor must meet its obligation as required.

2.4 Emergency Plan

The Communication Plan must include key operations and administrative personnel and include the contacts name, title, primary area of responsibility, immediate supervisor including his/her office and cell telephone number, pager number and email addresses for work day and after hour contact. The Communication Plan and/or contact names shall be updated as changes are made, but in no event less than semi-annually.

Emergency Contact List: Jennifer Herring – Division Manager, 704 886 4472, [email protected] Charles Osborne – Route Manager, 704 200 4911, [email protected] Anne James – Dispatcher, 704 533 4315, [email protected] Nicole Reed – Office Manager, 850 728 1382, [email protected]

By August 1 of each year the Contract remains in effect, the Contractor shall review, update, and submit a written Communication Plan to the Town for review and approval.

2.5 Route Maps a. The Contractor shall bi-annually, unless a shorter time period is requested by Town, review the existing collection maps and evaluate workloads and service areas for effectiveness and efficiency in light of changed population density and/or distribution. When adjustments are warranted, the Contractor shall submit detailed route maps, one (1) set each for Solid Waste, Recyclables, Yard-Waste and Bulk and E-Waste collection, to the Town for the Town's review, with a draft being submitted by May 30 and November 30, respectively (unless a shorter period is requested by Town, resulting in additional submittal dates) so that final approval will be no later than August 1 of each year of this Contract. Each set of detailed route maps must show, for each collection day, the areas to be collected, the starting point for collection, and the exact direction and sequence of travel of the streets and alleys for each route to be collected. The Contractor shall include a summary of the route maps, indicating the number of Residential Units, which are any single-family dwelling or rental unit with less than two dwelling units at one location (the “Residential Units”), and Designated Non-Residential Locations to be collected each collection day, and the number of Residential Units and Designated Non-Residential

Collection Locations per route, for Solid Waste, Recyclables, Yard-Waste and Bulk Waste collection. The summary shall also show the number of Residential Units and Designated Non-Residential Locations, which would be affected by changes in their current collection days, and an explanation of those changes. b. Solid Waste, Recyclables, and Yard-Waste collection routes must be evenly spread over the five (5) collection days of the week. The Town will review the Contractor's route maps to ensure that all areas to be collected are included, and that routing does not result in dangerous collection practices. c. Route maps shall be submitted in reproducible, approved GIS format. All street names must be legible. The Contractor may request current street maps showing parcel information from the Town's GIS manager. Once a format is agreed upon, all future route maps shall be prepared using the same format. d. The Contractor shall use its best efforts to minimize the number of Residential Units and Designated Non-Residential Locations that are affected by collection day changes as a result of its initial routing plans. e. Any routing change, which results in a change of collection days for any Residential Units and Designated Non-Residential Locations, requires compliance with the notification process. The Contractor shall be responsible for costs associated with notification processes required as a result of any approved routing or collection day changes in accordance with Section 2.6 of this Exhibit 1.

2.6 Routing and Collection Day Changes

a. In the event collection days or routes become unbalanced due to population changes or other reason, the Town may allow the Contractor to make revisions to its initial approved route maps. The Contractor shall submit any requests for changes in routing or collection schedules to the Town for the Town's review and approval as follows: 1. Not less than six (6) weeks prior to the week proposed for a routing change for five (5) routes or less to become effective. The Town will approve or disapprove the request in writing within two (2) weeks of receipt. 2. Not less than twelve (12) weeks prior to the week proposed for a routing change for more than five (5) routes or a collection day change to become effective. The Town will approve or disapprove the request in writing within six (6) weeks of receipt. b. All such changed routes must be documented in the same detail as the original route maps supplied by the Contractor, and must include the reasons for the requested change and the number of Residential Units and Designated Non-Residential Locations affected in each route. Changes shall involve easily identifiable route and area boundaries for ease in communicating the change to Customers. c. The Contractor shall not request any routing or collection day changes without a valid reason because of the resulting confusion to Customers and increases in the number of Customer service calls which must be handled by Town staff. d. The Town may require the Contractor to phase in collection day changes and any changes

affecting more than five (5) routes. e. Any requests from Contractor for routing or collection schedule changes, which result in any changes in collection days for any Residential Unit or Designated Non-Residential Location, must comply with the notification requirements outlined in Section 2.7 of this Exhibit 1.

including streets and alleys, shall not result in disruption of collection service. When conditions require special efforts to complete collection service, the Contractor shall make these additional efforts at no additional cost to the Town. If this special effort requires the distribution of additional roll-out Carts due to an unavoidable delay in collection services, the Contractor will distribute them and will notify the affected Customers. b. If the impassability of the street or alley due to extreme weather conditions is anticipated to last for only one or two scheduled collection days, the Town may elect to delay collection services until conditions improve. c. Periodically major renovation is necessary to maintain the infrastructure of the Town. This renovation includes such activities as replacing gas, water, and sewer lines, surfacing or resurfacing streets, and replacing wiring for telephone, or cable television. If the Town Manager (or his designee) is notified in advance of these activities, the Town will notify the Contractor. However, it is not uncommon for work to be initiated without prior notification. Alternate collection service must be provided during this period of disruption. Each circumstance must be evaluated individually to determine the appropriate alternative. The Contractor shall notify the Town of the nature of the disruption, its location, and the Contractor's recommended alternative to provide service. The Town will either approve the alternative method or require the Contractor to use a different collection method. d. When materials of any kind are placed in the street or alley in such a way that the collection vehicle cannot proceed down the street or alley, the Contractor shall immediately notify the Town. The Contractor will attempt to locate the individual responsible for the material and have them remove it. e. If an illegally parked vehicle blocks a street or alley, the Contractor must inform the Town contact of the situation and request removal of the vehicle. Removal of the vehicle usually occurs in a matter of hours, thus collection must be provided on the scheduled day. If the vehicle is not removed by the end of the collection day and there is no other access to the roll-out carts, the Contractor shall, upon notification to and approval by the Town, provide collection at start of shift on the following day. The Contractor is responsible for follow-up with the Town until the vehicle is removed and shall inform the Town when the vehicle is removed. Removal shall only occur as permitted by law; vehicles may be cited or otherwise penalized where appropriate.

SECTION 3 - EQUIPMENT

3.1 Collection Vehicles and Equipment Standards a. All collection vehicles must be of relatively recent manufacture kept in good visual and operating condition, and maintained in accordance with the respective manufacturer’s instructions and best industry practices. Contractor shall maintain the fleet in excellent operational condition towards the goal of minimizing leaks and spills of fluids and debris onto the public rights-of-way and on private property in accordance with this Contract and the RFP. The Town reserves the right to visit the facilities of all interested contractors and observe the equipment used and the operational methods. These site visits will be coordinated with the appropriate representatives from each of the interested contractors.

b. Each vehicle in the fleet shall include Town approved identifying graphics such as Town logo and/or other Town of Contractor graphic identifiers to be selected by Town Council in prominent locations. The cost for the production, design, and removal of the logo will be paid by Contractor. The Town reserves the right to select the placement of the Town’s name and logo on the trucks. The Town also reserves the right to use the payload area of one truck for installation of messaging graphics for community announcements (see representative photo to the right for approx. size and location). Once per year, the costs for installation and removal of the messaging graphics on one truck will be paid by Contractor, with this particular truck being rotated to each route at the direction of the Town in order to display the announcements throughout the Town. c. The Collection equipment utilized in this Contract shall be not more than five (5) years old upon commencement of this Contract. d. All vehicles will meet or exceed ANSI standards and specifications. e. The noise level for collection vehicles during the stationary compaction process shall not exceed seventy-five (75) decibels at a distance of twenty-five (25) feet from the collection vehicle and at an elevation of five (5) feet from the ground elevation of such vehicle. f. Periodically when requested, the Contractor shall supply the Town within 48 hours of request with a list of all equipment to be used in providing services and shall notify the Town of additions or deletions as they occur. g. The Contractor shall maintain a dedicated fleet solely for use to provide Town of Indian Trail collection services included in this Contract. With Town approval, vehicles used in the provision of services under this Contract may be used for other purposes if the Contractor has provided prior written notice to the Town. Any such use shall not interfere in any way with the Contractor's provision of services under this Contract. h. The Contractor shall be responsible for arranging for tare weights of all collection vehicles to be obtained prior to the starting date, and shall periodically, upon request from the Town, arrange for updating tare weights. i. Each vehicle in the fleet shall include Town approved identifying graphics such as Town logo and/or other Town of Contractor graphic identifiers to be selected by Town Council in prominent locations. j. Contractor shall provide Town personnel access to maintenance facility and to maintenance records for verification of preventative maintenance program upon request during business hours. k. Contractor shall provide the Town with a comprehensive list of all equipment (including VIN numbers) servicing the Town of Indian Trail prior to the end of March and September of each year while this Contract or any amendment to this Contract remains in effect. In addition to the VIN number, this list shall include at a minimum the purchase date, a sufficient description of vehicle to classify its type and use, the assigned use and serviceability status and any other information requested by the Town in writing. Equipment assigned to the Indian Trail operation shall remain at the Contractor’s facility serving Indian Trail unless it is replaced due to age or

mechanical condition. Replacement equipment shall be of the same classification and shall be new or refurbished equipment of the same class.

3.2 Collection Vehicle Cleaning

3.3 Emergency Unloading

3.4 Vehicle Leaks & Spills

a. The Contractor's collection vehicles shall be repaired or removed from service immediately if any spill or leak is a result of a mechanical problem. The Contractor shall be responsible for applying absorbent materials, clean up, and disposal in a manner which complies with all federal, state, and local laws and regulations, of all oil spills and hydraulic fluid or other leaks associated with its provision of services. In the event of a spill or leak, the Contractor shall immediately notify the Town and shall send a representative to the location of the incident. If the spill or leak is in a street location and/or is a public safety hazard, the Contractor shall also immediately request the Public Services Division to notify Union County Sheriff Department and the appropriate personnel within the Public Services Division to dispatch traffic control and any other required public safety personnel. The Town and the Contractor will evaluate the spill or leak to determine proper handling. The Town must approve the Contractor's recommended clean-up plan, which may require steam cleaning. The cleanup must commence as soon as possible but no later than two (2) hours following the spill or leak. After application of absorbent materials is complete, the Contractor is responsible for removal of the absorbent material and/or cleaning of the street, if necessary. The Contractor shall notify the Town when the clean up is completed so that a follow-up inspection can be conducted to ensure that the clean up has been completed to the satisfaction of the Town. Any fluids associated with the spill or the cleanup shall be recovered for proper disposal and shall NOT be released into the stormwater system. b. In the event the vehicle operator fails to remove the leaking vehicle from service or call for the on-call mechanic to make field repairs, and continues collecting the route spreading puddles of hydraulic fluid or oil throughout the road system, the Contractor shall be liable for Negative Adjustments as provided in Section 1.7 of this Exhibit.

3.5 Vehicle Identification

Each Contractor vehicle will be clearly identified with the Contractor name, a vehicle number, and a local telephone number that can be clearly read.

SECTION 4 - DISPOSAL AND PROCESSING SITES

4.1 Ownership of Materials

The Contractor shall not assert or claim any property rights to Solid Waste, Recyclables, Yard Waste, or Storm Debris collected under this Contract.

4.2 Designated Disposal and Designated Recycling Facilities

a. All Solid WasteYard Waste and Bulk and E-Waste shall be delivered to a Designated Disposal Facility selected by the Town. All Recyclables shall be delivered to a Designated Recycling Facility selected by the Town. The Town is not liable for any damages caused on account of the Solid Waste, Recyclables, Yard Waste and Bulk and E-Waste, or any other materials collected.

b. The Contractor shall be responsible for abiding by all rules and policies pertaining to the delivery of Solid Waste, Yard Waste and Bulk and E-Waste as directed by the Designated Disposal Facility, and delivery of Recyclables as directed by the Designated Recycling Facility. A copy of the current policies and procedures for the Designated Disposal Facility will be provided by the Contractor, and are subject to modification from time to time.

The Contractor may deliver Recyclables to a Material Recovery Facility of the Contractor's choosing only after receiving prior written approval from the Town. The Town shall not be liable for any charges or penalties associated with the delivery of materials in route to the Materials Recovery Facility

SECTION 5 - PERSONNEL AND SAFETY

5.1 Contact

a. Throughout the Contract Term, the Contractor shall establish and maintain a local office capable of receiving Requests for Service electronically and by telephone, and to dispatch appropriate trucks and personnel to collect missed collections or to respond to service complaints such as Littering, private property damage, or Vehicle Leaks and Spills. Request(s) for Service may be transmitted by phone, email, or tracking a software from the Town or Customer to the Company. All Requests for Service shall be entered into the tracking software for reporting purposes. All Contractor personnel shall be directed by a Route Manager permanently stationed within the Town after 12-month of commencement of this Contract. The Contractor shall furnish the Town the name of the Route Manager prior to the starting date and shall notify the Town immediately if the Route Manager is changed at any time. The Contractor's Route Manager shall serve as

the contact person for dealings and communications with the Contractor. A request to the Contractor's representative shall always constitute a request to the Contractor. a. A responsible person in charge shall be present at the Contractor's local office during the time period 8:00 a.m. to 5:00 p.m. from Monday through Friday, and on Saturday when collection is scheduled, with the authority to make decisions relevant to operations under this Contract. Route supervisors will be accessible by telephone between the hours from 5:30 a.m. to 8:00 p.m. on all days when collection operations are in progress. The names and phone numbers of emergency representatives shall be given to the Town prior to the starting date, and shall be updated as soon as any changes are made. Contractor's emergency representative shall be responsible for responding to any Requests for Service from the Town on non-collection days and evenings. If Friday is a scheduled collection day, misses will be collected on Saturday. b. The Town will designate a contact person for operational issues and a contact person for Contract administration issues. It is, however, recognized that daily operational communications will occur at all levels of staff. To the extent that these communications facilitate job performance, they are encouraged. c. The Contractor shall provide, at the Contractor's cost, sufficient communicating devices to facilitate good two-way communication between Contractor personnel, and the Public Services Division supervisory staff and support personnel.

5.2 Employees: Character of Workers

a. All Contractor’s, superintendents, foremen, and workers employed by the Contractor shall be competent and careful workers, skilled in their respective trades. The Contractor shall not employ any person who repeatedly engages in misconduct or is incompetent or negligent in the due and proper performance of his or her duties under this Contract. The Contractor shall furnish such supervision, labor, and equipment as is considered necessary for the fulfillment of the services in an acceptable manner at a satisfactory rate of progress. b. The Contractor shall prohibit the use of intoxicating and/or illegal substances by its drivers and crewmembers while on duty or in the course of performing their duties under this Contract. c. The Contractor's employees shall be required to wear a clean uniform bearing the Contractor's name. Employees, who normally and regularly come into direct contact with the public, including drivers, shall bear some means of individual identification such as a nametag or identification card. d. Employees driving the Contractor's vehicles shall at all times possess and carry a valid Commercial Driver's License issued by the State of North Carolina for the class appropriate to the weight of the vehicle being driven. The Town reserves the right to require the Contractor to provide proof of compliance with federal laws regarding Commercial Driver's Licenses, specifically information regarding drug testing. e. The Contractor's employees, officers, and agents shall, at no time, be allowed to identify themselves or in any way represent themselves as being employees of the Town.

5.3 Property Damage/Accidents

a. Property Damage - As between the Town and the Contractor, the Contractor shall retain full responsibility for all claims of damage to private property caused by the negligence or willful misconduct of the Contractor. In the event of any property damage caused by the Contractor, the Contractor shall: 1. Immediately notify the Town by telephone. 2. Leave a notice at the time of the damage at the Residential Unit or Designated Non-Residential Location where the damage occurred, informing the Customer of the damage and the telephone number of the Contractor to call for follow-up. 3. Provide a written explanation to the Town of the circumstances, results of any investigation, and disposition of the claim. 4. Notify the Customer within ten (10) working days in writing of the disposition of the claim and provide a copy to the Town. If the Contractor assumes responsibility for the damages, the notification shall include a date by which remedial action will be completed. The notification requirements of this paragraph do not apply to vehicular accidents occurring on public roadways. The Contractor shall refer all calls regarding reporting of property damage to the Town and the Town will forward such claims to the Contractor in the form of a Request for Service. b. Claim Resolution – The Contractor shall use its best efforts to promptly and expeditiously resolve claims. In the event that the Contractor denies responsibility for damages and the Customer pursues a remedy, the Town may investigate. If the Town believes that the Contractor is responsible and the Contractor continues to deny responsibility, the Town may pursue and the Contractor shall be obligated to the dispute settlement procedures as described in Section 10.12 of this Exhibit 1 c. Accidents – The Contractor shall notify the Town of all accidents in a timely manner.

5.4 Care and Diligence/Littering a. The Contractor shall exercise all reasonable care and diligence in collecting Solid Waste, Recyclables, Yard-Waste, Bulk Waste/E-Waste, and Storm Debris. Collection service shall be accomplished in a manner, which contributes to a litter-free environment. Every effort must be made to prevent spilling, scattering, dropping, or l=Littering of Solid Waste, Recyclables, Yard- Waste, Bulk Waste/E-Waste, and Storm Debris during the collection process and during transit to and from the Designated Disposal Facility. However, in the event that Solid Waste, Recyclables, Yard-Waste, Bulk Waste/E-Waste, or Storm Debris are spilled, scattered, dropped, or littered, the Contractor's equipment operator shall immediately clean up the material, place it in the roll-out or Recyclables cart, and collect the Cart contents. If any Litter escapes from Contractor's collection vehicles on any roadways, the Contractor's equipment operator must immediately collect such Litter. In the event that Contractor does not immediately collect such Litter, the Contractor shall be subject to Negative Adjustments as stated in Section 1.7 of this Exhibit 1 for each such occurrence. The Contractor shall endeavor to prevent such occurrences by whatever means possible. b. The Contractor acknowledges that streets and alleys frequently include multiple utility features. Therefore, particular attention shall be given to the location of water meters,

transformers, wires, utility poles, irrigation sprinkler heads and other private property features. Authorization to use the street or alley does not abrogate the Contractor's responsibility to exercise caution in relationship to the property of other authorized users.

5.5 Operator Awareness Training

SECTION 6 - REPORTING REQUIREMENTS

6.2 Quarterly Reports

invoice after the required items are provided. At a minimum, the monthly report shall include: 1. The number of loads and weights of Solid Waste, Yard Waste and Bulk & E-Waste collected and delivered to the Designated Disposal Facility per day, by route. 2. The number of loads and weights of Recyclables collected and delivered to the Designated Recycling Facility. 3. Fiscal Year-to-date summary information of the data requested in 1 and 2 above. 4. Summary description of any property damage, including status and/or final disposition. 5. A narrative description of any significant operational issues during the month. 6. Other information as requested by the Town. b. In order to ensure that information/communications are consistent throughout the Town, the Contractor shall use the same forms that are currently used by Town staff, or other forms as designated by the Town. Parties shall discuss and agree upon appropriate means to disburse the information.

6.3 Storm Debris Reporting

The Contractor shall submit periodic, written reports to the Town as requested or required, detailing the progress of debris removal and disposal. These reports may include, but not be limited to:

b. Weekly Summaries: A summary of all information contained in the daily reports as set out above.

c. Report(s) Delivery: The scheduling, point of delivery, and receiving personnel for the debris operations report(s) will be directed by the Town in consultation with Contractor.

6.5 Reliability of Reports

with the Contractor's performance and operations. The inspection may review operating records for the current and previous Contract years, and may consist of an inspection of the physical areas of operations and equipment with emphasis on safety and hazard mitigation. b. The Town, at its own expense, may at any commercially reasonable time inspect any and all records relating to the services performed to verify that the services are being performed in accordance with this Contract. c. The Town's inspections shall not relieve the Contractor of any of its obligations herein or impose any liability upon the Town.

6.7 Withholding of Payment

SECTION 7 – ADJUSTMENTS

7.1 CPI Adjustment.

On an annual basis, in the discretion of the Town Manager after notice from Contractor as set out below, the Solid Waste Collection service rate charged by the Contractor to the Town for the second and subsequent years of the term hereof may be adjusted upward or downward to reflect the changes in the Consumer Price Index (the “C.P.I.”) during the preceding twelve months. For the purposes of this Contract, C.P.I. shall mean the Consumer Price Index for the U.S. City Average, All Urban Consumers, garbage and trash collection services. The Contractor shall give notice of the increase or decrease before April 1st of each Contract year. The initial rate adjustment, if any, shall take effect on July 31, 2018 and any successive rate increases or decreases on the succeeding year will become effective on July 31 of each subsequent year throughout the term of the Contract after approval of the annual Town budget. For clarity and by way of example, if prior to April 1, 2018 the Contractor requests a C.P.I. adjustment increase of 2% based on the unadjusted percent change from March, 2017 to March, 2018, and the Town Manager approves the increase, the Solid Waste Collection service rate set out in the chart in Section 1.1(A) of this Exhibit 1 shall adjust upwards by 2% from $4.03 per household per month to $4.11 per household per month, effective July 31, 2018. Subsequent adjustments shall be made from the most recent annual pricing. Tipping or other disposal fees shall not be adjusted.

7.2 Fuel Adjustment

The Town shall adjust payments to the Company (1) time per year for increases for the fuel cost to the Company for providing the Services to the Town as per this Contract. The fuel surcharge request shall not exceed one-half percent (0.5%) of each monthly invoice amount for every twenty cent ($0.20) increase in diesel fuel cost as determined by the Department of Energy’s Weekly Retail on Highway Diesel Prices for the “Lower Atlantic” (“DOE Price”) over the base rate of $3.00 per gallon, which surcharge will be adjusted quarterly based on the three month average price of diesel fuel on the first Monday prior to the end of each month of the quarter (or first business day thereafter if such Monday is a federal holiday) and billed under separate line item on the Company’s invoice each month based on that quarter’s average price. This fuel

adjustment component will not be considered within and is separate from any CPI adjustment. Documentation of any surcharges shall be submitted to the Town at its request.

7.3 Adjustments in Number of Residential Units

SECTION 8 - INSURANCE AND PAYMENT/PERFORMANCE SURETY

8.1 Coverages

The Contractor must maintain insurance policies at all times throughout the term of the Contract with minimum limits as follows:

Insurance Limits

Coverages Limits of Liability

Trial’s Contract.

Commercial General Liability $1,000,000 per accident

Bodily Injury Liability Except Automobile $3,000,000 aggregate

Property Damage $1,000,000 per accident

$1,000,000 aggregate

Comprehensive Auto $1,000,000.00

Liability Bodily Injury

Comprehensive Auto $1,000,000.00

Liability- Property Damage

Environmental Liability $1,000,000.00

Excess Umbrella Liability $5,000,000.00 each occurrence

8.2 Pollution Liability.

It is agreed that the Contractor will be responsible for notifying the Town of any material changes in a policy.

It shall be the Contractor's responsibility to ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet.

8.3 Performance and Payment Bonds

At the time of execution of the Contract, Contractor shall have provided to the Town an annually renewable payment bond in the amount equal to one hundred percent (100%) of the Contract price (as determined by the Town) and an annually renewable performance bond in an amount equal to one hundred percent (100%) of the Contract price (as determined by the Town) in accordance with Section 5.8 of the RFP. Any notice of cancellation of such bonds must be served upon the Town by delivering a written notice of cancellation (30) days prior to the effective date of said cancellation. This Contract shall not be terminated because of this provision if, within ten (10) days after bond cancellation as provided above, provider files with the Town similar bonds approved by the Town to be effective for the balance of the Contract period commencing on the date of such termination.

SECTION 9 - REPRESENTATIONS AND WARRANTIES

The Contractor represents and warranties satisfactory performance in accordance with this Contract.

SECTION 10 - GENERAL PROVISIONS

10.1 Taxes

The Contractor shall promptly pay all taxes and license fees required by the Town and by the State of North Carolina.

10.2 Permits

The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Agreement) required by the Town, by the State of North Carolina, or by the federal government.

10.3 Governing Law; Forum; Venue

10.4 Headings

The headings of the paragraphs and subparagraphs shall not be interpreted as a limitation upon the language contained therein.

10.5 Cost

Any new cost not specifically noted in this Contract must be submitted to the Town in writing for approval in advance.

10.6 Independent Contractor

The Contractor and the Town agree that the Contractor is an independent contractor and not an employee nor agent of the Town. The Contractor shall have exclusive control of and the exclusive right to control the details of the services and work performed, and such action does not create a partnership, agency, joint venture or other similar relationship between the Town and the Contractor.

10.7 Disclosure of Sub-Contractors

10.8 Use of Contractors

No subcontractors may be used without the prior written approval of the Town Manager.

10.9 Assignment

The obligations of the Contractor are not to be assigned or transferred to any person or organization without the prior written approval of the Town Council.

10.10 Self Reliance

The Contractor shall make no claims against the Town as a result of estimates or projections used herein, statements, or interpretation of data by Town staff or its agents.

10.11 Binding Effect

This Contract shall inure to the benefit of and be binding upon the lawful successors and permitted assigns of the parties hereto.

10.12 Dispute Settlement

Any claim, dispute, or other matter concerning the performance of the Contractor shall initially be referred to the Public Services Division Director in writing, for a decision. Such decision shall be rendered within thirty (30) days in writing, following the final presentation by the Contractor of evidence or argument relative to such claim, dispute, or matter. The decision of the Director may be appealed to the Town Manager or his designee, in writing, within fifteen (15) days from the date of the Director's decision. The Town Manager must render a written decision to the Contractor within thirty (30) days from the date of the appeal. The decision of the Manager shall be subject to formal mediation between the parties. If mediation is not successful, either party may bring an action in a court in Union County, NC. The prevailing party shall be entitled to reimbursement of reasonable attorney's fees not to exceed a maximum of the amount of attorney's fees actually expended in litigation.

10.13 Town Not Liable for Delays

10.14 Cooperation in Disasters

SECTION 11 – DEFINITIONS

Bulk Waste is defined as those items included in Attachment 1 to this Exhibit, and excluding those items listed in Attachment 2 to this Exhibit.

Communication Plan means the plan prepared pursuant to Section 2.4 of this Exhibit 1 to facilitate communication between the Town, the Contractor, and its employees and/or subcontractors.

Customer means the recipient of collection services within the Town, provided through this Contract, and includes Residential Units and Designated Non-Residential Locations

Designated Disposal Facility means a facility to which Solid Waste, Yard Waste, Bulk/E-Waste collected under the Contract must be delivered. The Disposal Facility will be determined by the Town, and any temporary or permanent facility change must be pre-approved by the Town.

Designated Recycling Facility means a Materials Recovery Facility selected by the Town for delivery of Recyclables collected under this Contract. The facility shall be designed, operated, and legally permitted for the purpose of receiving, sorting, processing, storing, or preparing Recyclables for sale.

Fiscal Year means the Town fiscal year that runs from July 1 through June 30.

Hot Load means any vehicle carrying Solid Waste observed to be smoldering, smoking, on fire, giving off odors, or leaking a caustic or corrosive substance.

Littering means allowing spilled or wind-blown materials to come from the vicinity of the Company's truck hopper or to fall to the ground as the roll-out carts are emptied.

Material Recovery Facility means a site used for the collection, storage, and processing of Recyclables.

Recyclables means Solid Waste including but not limited to newsprint and inserts; glass food and beverage containers, plastic soft drink and liquor bottles; aluminum, steel, or tin cans; plastic milk

jugs; and other items determined to be recyclable by the written mutual agreement between the Town and the Company.

Recycling means the collection of Recyclables.

Residential Unit means any single-family dwelling or rental unit with less than two dwelling units at one location.

Route Manager means the employee designated by the Company as the Company's primary representative with regard to matters involving this Contract.

Storm Debris consists of those Solid Waste and Yard Waste materials, in addition to other materials, generated, exposed, damaged or destroyed, or repositioned by a storm

Attachment 1 – Bulk Waste Items Accepted

Attachment 2 – Bulk Waste Items Not Accepted

Attachment 3 – Parks and Recreation 2017 Events

Attachment 4 – List of Alternative Materials

WET CELL TYPE BATTERIES Nickel Cadmium Nickel Iron Absolyte Cells Carbon Air Carbon Air with Mercury Lead Acid Automotive Type

LAMP FIXTURES NON-PCB 4ft – 2 bulb Lamp Fixtures 4ft – 4 bulb Lamp Fixtures 8ft – 2 bulb Lamp Fixtures 8ft – 4 bulb Lamp Fixtures HID Fixtures

MERCURY CONTAINING DEVICES Thermometers, manometers, switches, ignitrons etc.

COMPUTER and ELECTRONIC EQUIPMENT LCD Screens CRT Screens Keyboards Hard Drives Printers, Fax Machines, Copiers Televisions and Other Monitors Other Electronic Equipment

CARTRIDGE COLLECTION Laser Toner Cartridges Facsimiles Laser Toner Cartridges Ink Jet Cartridges Copier Toner Cartridges

AEROSOLS Aerosol Cans (mixed)

OTHER ITEMS: Household Paint Grocery Bags

Attachment 5 – Town Limits

Town of Indian Trail Public Information Request Policy

(NOTE: On August 9, 2016 the Indian Trail Town Council adopted the North Carolina Public Information Request Policy and made minor additions/changes.)

Public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people. It is the policy of the State and the Town of Indian Trail that the people may obtain copies of their public records and public information free or at minimal cost unless otherwise specifically provided by law. The purpose of this memorandum is to provide a policy to be followed by the Town of Indian Trail in managing these requests and in levying a reasonable special service charge in qualifying cases.

I. Initial Request

1. Public records requests shall be directed to a public information officer (PIO), as designated by the town (hereinafter “PIO”). The Town may ask requestors to submit their requests in writing, on or in accordance with a request form provided by the agency¹. The Town request forms shall request the following information: a. Date of the request b. Name of the requestor (first and last) c. Phone number of the requestor d. Mailing address of the requestor e. A description of the records with sufficient detail to enable the PIO to identify the records requested. This may include the following information: i. Custodian of the record ii. Name or title of the record iii. Date or date range of the record(s) f. Whether the requestor is seeking a copy or seeking to inspect the record g. If the requestor is seeking a copy, in what medium and/or format. Persons requesting copies of the public records may elect to obtain them in any and all media in which the Town keeps them. The available formats may be limited for records that require redaction. The Town must ensure that the records are redacted in a manner that ensures the requestor cannot determine the confidential information through image manipulation or removal of field protections.

2. The PIO shall acknowledge receipt of the request within three (3) business days of receiving the request.

3. To the extent the PIO finds the request to be ambiguous, overly broad, or likely to require more than four (4) hours of staff time to fulfill, the PIO shall contact the requestor and attempt to clarify, narrow or revise the request. A narrow request limits the expenditure of Town resources, may help to avoid a special service charge, and permits the Town to respond to the request in a shorter timeframe. In these discussions, it is not permissible to ask the reason the request is being made.

1 ¹The Town may ask, but cannot require, a requestor to submit their records request in writing.

4. In making an initial response to a public records request, it is important a PIO understand and communicate the following as need be: a. The Town is not required to create a new record in order to fulfill a public records request. b. The Town is not required to provide records in a format they do not currently have. c. Town employees are not required to work on requests past normal working hours. N.C.G.S § 132-6(a) requires agencies to respond "as promptly as possible" in providing copies or public records. Response time should be determined based on the size and scope of the request.

5. If the request is not revised, the PIO shall contact the requestor with an estimate of how long the request will take to fill and how much the request will cost. Before beginning to fulfill the request, the PIO shall confirm acceptance of the fees. If the total estimated charge is greater than $25 the PIO shall ask the requestor to pay 50% of the estimated charges before the agency begins to fill the request. Location and production shall not begin until the deposit is received. The requestor shall pay the remaining balance prior to the agency releasing the records. If for any reason the final charge is less than the amount of the deposit, the agency shall return the remainder to the requestor.

II. Special Service and Copying Fees

1. By statute, an agency may charge a special service charge for any request that requires extensive use of information technology or extensive clerical or supervisory assistance by personnel of the agency. If a request takes more than four (4) hours of information technology or clerical or supervisory assistance to fill, the agency may assess a special service charge for the amount of staff time spent over four (4) hours. Staff time spent searching for, locating, collecting, sorting, copying and preparing the records to be produced will count towards the four (4) hour threshold. The special service charge shall be in addition to any copying fees. a. Each requestor shall receive four (4) hours per quarter that are essentially "free" and charged for all hours exceeding four (4) per quarter. For example if the same requestor put in PIRs on January 1st, February 1st, and March 1st and each request took 3 hours of extensive use of information technology or clerical/supervisory assistance to prepare then requestor would be assessed special service charges for 5 hours (3 + 3 + 3 = 9 - 4 = 5) for that quarter.

2. All Town employees involved in fulfilling a public records request shall keep a detailed record of the time spent (accounted for in 15 minute increments) searching for, locating, collecting, sorting, copying and preparing the records to be produced. This record shall be provided to the requestor upon request.

3. The special service charge for clerical or supervisory assistance shall approximate the hourly rate of pay plus benefits for the position of permanent, full-time Administrative Assistant 1 in the agency's pay schedule. This is estimated to currently result in a rate of

2 ¹The Town may ask, but cannot require, a requestor to submit their records request in writing. $18 per hour. The special service charge for information technology shall include any separate charge by any third party information technology vendor.

4. Special service charges shall not be greater than the actual costs incurred.

5. Time spent separating confidential from non-confidential information shall not be considered in calculating the time it takes to respond to a request. This is a cost that the department must absorb pursuant to N.C.G.S. §132-6(c). The time spent separating confidential from non-confidential information shall be noted by employees in recording time spent on a given request.

6. Multiple requests regarding the same issue made within a short period of time (1-2 weeks from the same individual or organization shall be considered a single request for purposes of determining whether a special service charge will be levied.

7. An agency shall charge 5 cents for printed copies, per copy, as this is the reasonable estimate of the actual cost to the public agency in making the copy and shall charge 50 cents per copy for color copies.

8. In order to minimize costs and time spent on records requests for emails, agencies shall make use of email archives, and when applicable, authorized e-discovery tools to search for, locate and copy email records.

9. Electronic records shall be sent via email when possible. Otherwise, electronic records shall be produced on a flash drive or CD provided by the Town. The agency shall charge the actual cost of the flash drive or CD, no matter the amount of data stored on it. An agency shall only charge the cost of multiple flash drives or CDs if the total gigabytes of the requested files exceed the maximum gigabytes on a single flash drive or CD.

10. Once all documents have been collected, a PIO should prepare an invoice based on the actual time the holders of records report.

III. The Town Follow Up

1. If anyone requesting public records from any public agency is charged a fee that the requestor believes to be unfair or unreasonable, the requestor may ask the Town Manager or his/her designee to mediate the dispute.

2. Town legal counsel should be made aware of any extensive records request and should assist in reviewing documents, or portions of documents, as needed in order to ensure compliance with both the disclosure and confidentiality provisions of Chapter 132. Legal counsel should consider N.C.G.S. §132-1.1 when identifying documents or information which are not public records. Town legal counsel should also remain aware of and consider whether other statutory provisions in and beyond Chapter 132 may also restrict disclosure of documents requested. For examples, see appendix A.

3 ¹The Town may ask, but cannot require, a requestor to submit their records request in writing. 3. Town is encouraged to keep a log to track all public records requests, the status of the response, the date the documents are produced, and the charges and payments associated with production. This log can serve as a tool to assist the Town in better managing requests and expending agency resources efficiently.

IV. Items to be Aware of in Managing Public Records

1. An Town must follow the document retention policy schedule that is applicable to the Town which is produced by the Division of Archives and Records in the office of the North Carolina Department of Natural and Cultural Resources.

2. Public records should only be disposed of by the Town in accordance with these records schedules.

3. The Town requires email retention for five years and orders all executive branch employees to treat e-mail messages which they send or receive in connection with the transaction of public business as public records.

4. Any time a personal e-mail account is used to conduct Town business, the e-mail must be retained. Even if it is contained in a personal e-mail account, any e-mail related to the transaction of Town business is a public record. It is recommended you either: (A) forward the e-mail from your personal e-mail account to your Town e-mail account so it may be captured in the e-mail archive, or (B) print the e-mail and keep it in a separate file. If printed, that printed record will need to be searched in response to any public records request for e-mails.

The recommendations presented in this document are intended to improve upon and streamline the process for responding to public records requests. This policy is meant to serve as general guidelines. We recognize that the circumstances vary and encourage you to evaluate each request on a case-by-case basis and consult with legal staff as needed.

S/______Mayor

4 ¹The Town may ask, but cannot require, a requestor to submit their records request in writing.