Standing Committee

Town of Summerville, sc Standing Committees of Council Monday, October 9, 2023 – 5:30PM Council Chambers – Annex Building – 200 South Main Street AGENDA 1. Parks and Recreation Committee: Bob Jackson (Chair), Aaron Brown, Kima Garten-Schmidt Staff Liaison: Amy Evans a. Request to donate Yogi Bear and Mickey Mouse from Huger Playground to the Summerville Museum and the Dorchester Heritage Center. 2. Planning and Development Committee: Terry Jenkins (Chair), Russ Touchberry, Bob Jackson Staff Liaison: Jessi Shuler a. Petition by Betty H. Knight to annex TMS# 136-07-02-003, located at 1227 Central Avenue, and totaling approximately 1.3 acres. Currently zoned R-1, Single-Family Residential, in Dorchester County and will be zoned N-B, Neighborhood Business, upon annexation into the Town of Summerville’s municipal limits. (Council District 1) Planning Commission held a public hearing and made a recommendation for approval at their meeting on September 18, 2023. 3. Public Safety Committee: No meeting for October Terry Jenkins, Aaron Brown Staff Liaisons: Chief Doug Wright and Chief Brent Melcher Page 2 – October 9, 2023 4. Public Works and Committee on Water Supply: Kima Garten-Schmidt (Chair), Russ Touchberry Staff Liaison: Russ Cornette a. Discussion and consideration of a citizen request to change the name of Waring Street to Waring Lane and lower the speed limit to 15mph. 5. Finance Committee: a. Presentation of September 2023 Financial Reports b. Financial Requisitions: 1. Authorization to issue a purchase order to First Due for an amount not to exceed $35,050 to replace an obsolete record management system for the Fire Department. Funds to come from Fire Department operating funds. 2. Authorization to issue a purchase order to Otis Elevator Company in the amount of $59,400 for the replacement of obsolete control boards in the Retail Building, Annex Building and Parking Garage elevators. Funds to come from Buildings and Grounds. 3. Authorization to issue a purchase order to Otis Elevator Company in the amount of $40,000 for the installation of a new door operator and solid-state starter for the Town Hall elevator. Funds to come from Buildings and Grounds. 4. Authorization to approve the purchase of a 2024 Ford Expedition for $52,535 from Santee Automotive on State contract. Funds are to come from budgeted funds and is one of 20 police vehicles approved in the FY24 budget. This request is from Police Department. c. Miscellaneous 1. Authorization to surplus and sell a Woods 72” bush hog for the Stormwater Department that was purchased in 2002. Funds to go to Stormwater fund balance. The unit has already been replaced with a new one. 2. Authorization for the Administrator to enter into a contract with Tetra Tech, Inc for disaster debris monitoring and public assistance program services. 3. Authorization to accept the FY24 Highway Safety Grant and advertise for a temporary full-time DUI prosecutor. 4. Authorize Town Administrator to execute an addendum to the current contract with Russell Landscape to include maintenance of North Maple Street for an additional $2960.00 per month to be paid from hospitality tax funds. Page 3 – October 9, 2023 d. Finance Committee Executive Session: Contractual matter 1. Contractual matter related to potential economic development incentive agreement for Project Bonaire. e. Other Business 1. Action to be taken by Finance Committee related to Executive Session f. Discussion of Proposed / Upcoming Council Agenda Items g. Adjourn from Finance Committee Mayor Town Administrator Ricky Waring Lisa Wallace Councilmembers: Town Clerk Bob Jackson, Mayor Pro Tem Beth Messervy Russ Touchberry Aaron Brown Town Attorney Terry Jenkins G.W. Parker Kima Garten-Schmidt Memorandum To: Planning & Development Committee From: Jessi Shuler, Director of Planning Date: October 9, 2023 Subjects 1: Staff Report for Annexation of TMS# 136-07-02-003, located at 1227 Central Avenue, totaling approximately 1.3 acres ________________________________________________________________ ISSUE The property owner is requesting for the above referenced tract to be annexed into the Town from Dorchester County with a zoning of N-B. The existing zoning in Dorchester County is R-1, Single- Family Residential. BACKGROUND/DISCUSSION This property is included in the Town’s ‘Single-Family Residential’ area as identified within the Summerville: Our Town, Our Future Comprehensive Plan as well as on the accompanying Future Land Use Map, which includes detached single-family uses with a typical density of 2-5 units per acre. However, this property does fall in the Town Edges area in the growth strategy included in the Land & Development element of the Comp Plan. The Town Edges growth area “prioritizes development in areas within existing infrastructure service boundaries to sustainably manage their capacity while utilizing available space. Prioritization of growth in this area is also intended to incorporate existing pockets of development in unincorporated areas (i.e. donut holes) and prevent future developments like these. Prioritization should be given to areas that include commercial development over solely residential areas.” The applicant does not have a specific use proposed at this time. The property across Central Avenue and immediately adjacent to this property are already zoned N-B in the Town, and there are existing small businesses across Central Avenue under Dorchester County’s jurisdiction. RECOMMENDATION Based on the above findings, the requested N-B, Neighborhood Business, zoning district is interpreted by staff to be in conformance with the Town’s Comprehensive Plan and is recommended for approval, as long as this property is developed in full conformance with the UDO standards and is compatible with the adjacent residential properties. Planning Commission made a recommendation for approval of the annexation with the zoning of N-B on a unanimous vote. 200 South Main Street, Summerville, SC 29483-6000 * 843.871.6000, Fax: 843.871.6954 www.SummervilleSC.gov  The Town of Summerville Planning Commission Meeting Minutes September 18, 2023 This meeting of the Town of Summerville Planning Commission was held in the 3rd floor Council Chambers and was attended by Commission Members, Jim Reaves, Chairman; Charlie Stoudenmire; Elaine Segelken; Kevin Carroll; Tom Hart; and Jim Bailey. Betty Profit was unable to attend. Staff in attendance included Jessi Shuler, Director of Planning. The public was invited to attend in person, or they viewed the meeting via live-stream. Jim Reaves, Chairman, called the meeting to order at 4:00 PM. Approval of Minutes: The Chairman asked if there were any edits or additions to the minutes from the meeting on August 21, 2023. Hearing none the minutes were approved as submitted. Public Hearings: The first public hearing opened at 4:07 PM and was for the petition by Betty H. Knight to annex TMS# 136-07-02-003, located at 1227 Central Avenue, and totaling approximately 1.3 acres. Currently zoned R-1, Single-Family Residential, in Dorchester County and will be zoned N-B, Neighborhood Business, upon annexation into the Town of Summerville’s municipal limits. (Council District 1) Mr. Reaves introduced the item. Losse Knight spoke on behalf of his grandmother Betty Knight who is in a nursing home. He explained that Central Avenue is becoming more a commercial corridor, particularly in this area and with the planned road widening, and his grandmother’s wishes are to sell the property and have the proceeds go to her care. Mr. Knight also noted that the surrounding neighbors are in support of the request. Discussion ensued regarding the exact location of the property. Ms. Shuler then read an email RA D FT into the record from Bob Thomas at 1223 Central Avenue in support of the annexation and zoning to N- B. Robert Pratt, the realtor, added that the property appears to be a good spot for a professional office particularly with the road being widened, but it could still be residential as well. Hearing no further public comment, the public hearing was closed at 4:08 PM. Old Business There were no items under Old Business. New Business: The first item under New Business was New Street Names. Ms. Shuler stated that they one new street name for review. The street is off of N. Maple Street and is for an industrial development in Berkeley County, but the beginning of the road is in the Town limits. Three potential names are available for approval: Newfield Drive, Dustoff Drive, and Mainline Boulevard. She added that the applicant prefers Newfield Drive. Ms. Segelken made a motion to approval Newfield Drive, and Mr. Hart made the second. The motion passed unanimously. The second item under New Business was the petition by Betty H. Knight to annex TMS# 136-07-02- 003, located at 1227 Central Avenue, and totaling approximately 1.3 acres. Currently zoned R-1, Single- Family Residential, in Dorchester County and will be zoned N-B, Neighborhood Business, upon annexation into the Town of Summerville’s municipal limits. (Council District 1) Ms. Segelken made a motion to recommend approval of the annexation and zoning to Council, and Mr. Hart made the second. Mr. Hart explained that he felt this request fits within the development of the area, and Mr. Bailey agreed, adding that the existing home would be very close to the street once the road is widened. Hearing no further discussion, Mr. Reaves called for the question and the motion passed unanimously. Miscellaneous: Ms. Shuler informed the Commission that Mr. Hart, Mr. Carroll, and Ms. Profit’s terms would be expiring at the end of the year. She stated that she would email them a link to the online application if they choose to reapply to serve on the Commission. Adjourn With no further business for the Commission, Mr. Hart made a motion to adjourn with Ms. Segelken making the second. The motion carried and the meeting was adjourned at 4:11 PM. Respectfully Submitted, Date: __________________________ Jessi Shuler Director of Planning Approved: _________________________________________________ Jim Reaves, Chairman or Jim Bailey, Vice Chairman FT RA D  ORDINANCE TO ANNEX TO, AND INCORPORATE WITHIN THE CORPORATE LIMITS OF THE TOWN OF SUMMERVILLE, THE PARCEL OWNED BY BETTY H. KNIGHT, ADJACENT TO THE BOUNDARY LINE OF THE TOWN, AS DESCRIBED ON THE DEED AND RECORDED PLAT ATTACHED HERETO AND INCORPORATED BY REFERENCE: WHEREAS, the owner of the real estate designated as Dorchester County TMS #136-07-02-003, located at 1227 Central Avenue and totaling approximately 1.3 acres, has petitioned the Town Council of the Town of Summerville to annex into the Town of Summerville. NOW, THEREFORE BE IT ORDAINED by the Mayor and Members of Town Council duly assembled; SECTION I. That the described land on the attached deed and recorded plat, contiguous to the boundary of the Town of Summerville is hereby annexed to, taken into and made a part of the Town of Summerville and including the public roadway(s) immediately adjacent to the property lines of the parcel for the purposes of providing public service to the parcel. SECTION II. That the properties above described and hereby annexed shall be Zoned N-B “Neighborhood Business” and be classified as “Neighborhood Business” under the Zoning Ordinance of the Town of Summerville. Ratified this _______ day of ____________, 2023 A.D. Ricky Waring, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: ___September 18, 2023___ FIRST READING: _____ ________ _______ SECOND READING: ________ _________  Annexation and Zoning Summerville to N-B Planning 100 W BUTTERNUT RD 1300 CENTRAL AVE Apt G13 1300 611 CENTRAL AVE WOODWARD 1300 Apt F6 BLVD 606 1225 CENTRAL WOODWARD 103 CENTRAL AVE Apt E9 BLVD AMBERWOOD DR AVE 604 WOODWARD 106 SANDLEWOOD DR BLVD 602 WOODWARD BLVD 207 AMBERWOOD DR 211 AMBERWOOD DR 202 601 307 AMBERWOOD DR 211 JASMINE DR WOODWARD BLVD SANDLEWOOD DR 301 SANDLEWOOD DR 518 305 SANDLEWOOD DR 207 WOODWARD JASMINE DR 404 SANDLEWOOD DR BLVD 513 202 WOODWARD BLVD 409 801 LAKE SAGEBRUSH LN SANDLEWOOD DR POINTE 514 105 ALYSSA LN AVE 204 WOODWARD SAGEBRUSH LN 509 301 LAKE 806 LAKE POINTE AVE BLVD WOODWARD BLVD POINTE AVE 206 308 LAKE POINTE AVE 100 LAKE 512 WOODWARD SAGEBRUSH LN POINTE AVE BLVD 209 SAGEBRUSH LN 9/11/2023 1:3,381 0 0.02 0.04 0.09 mi Summerville Addresses MF-R PUD Annexation World RequestImagery Zoning Districts N-B Summerville Parcels Low Resolution 15m Imagery 0 0.04 0.07 0.15 km Maxar, Microsoft GR-5 PL Dorchester Parcels High Resolution 60cm Imagery AS OF 09/30/2023 Town of Summerville FYE 06/2024 UNAUDITED Revenue and Expense Report % OF YEAR COMPLETED: 25% Current Budget Current Period Y-T-D Actual Budget Balance % of Budget Revenue Summary Property Taxes 16,923,000.00 273,740.51 645,731.03 16,277,268.97 4% Licenses Permits and Fees 15,875,500.00 634,426.58 2,789,429.79 13,086,070.21 18% Court Fines & Fees 275,000.00 44,283.02 88,343.51 186,656.49 32% State Revenues 4,159,507.00 264,150.02 1,122,495.55 3,037,011.45 27% Miscellaneous Revenues 2,263,000.00 175,627.77 487,786.26 1,775,213.74 22% Total Revenues 39,496,007.00 1,392,227.90 5,133,786.14 34,362,220.86 13% Expenditure Summary Municipal Court 700,160.00 42,349.43 133,630.44 566,529.56 19% Finance 795,962.00 50,894.62 150,610.66 645,351.34 19% Administration 2,851,290.00 214,236.99 577,041.15 2,274,248.85 20% Planning 710,547.00 40,397.55 142,187.16 568,359.84 20% Building / Inspections 886,084.00 58,003.70 184,692.31 701,391.69 21% Engineering 870,027.00 61,432.99 193,407.77 676,619.23 22% Police Dept 12,382,089.00 887,945.93 2,878,167.06 9,503,921.94 23% Fire Dept 11,255,653.00 696,042.40 2,480,799.14 8,774,853.86 22% Communication Center 1,817,177.00 122,829.62 358,341.17 1,458,835.83 20% Maintenance Dept 999,454.00 52,194.08 185,680.42 813,773.58 19% Street Dept 3,148,447.00 189,087.66 679,329.97 2,469,117.03 22% Parks & Recreation 3,439,127.00 207,883.59 803,917.14 2,635,209.86 23% Buildings & Grounds 2,657,250.00 140,676.63 940,222.10 1,717,027.90 35% Debt Services 842,840.00 0.00 62,790.00 780,050.00 7% Capital Expenditures 2,059,192.00 94,834.31 538,874.10 1,520,317.90 26% Non-Departmental 9,900.00 62.60 52,648.18 (42,748.18) 532% TIF Debt Service 144,437.00 Total Expenditures 45,569,636.00 2,858,872.10 10,362,338.77 35,062,860.23 23% Operating Revenue Over / (Under) Expenditures (6,073,629.00) (1,466,644.20) (5,228,552.63) (700,639.37) 86% Other Income (Expenses) Sale of Real Estate Purchase of Real Estate Transfers In 6,073,629.00 291,667.00 875,001.00 5,198,628.00 14% 6,073,629.00 291,667.00 875,001.00 5,198,628.00 Net Revenue Over / (Under) Expenditures - (1,174,977.20) (4,353,551.63) 4,497,988.63 37% AS OF 09/30/2023 Town of Summerville FYE 06/2024 UNAUDITED Revenue and Expense Report % OF YEAR COMPLETED: 25% Current Budget Current Period Y-T-D Actual Budget Balance % of Budget Property Taxes 100-4-0000-10-101 Prior Year Taxes 350,000.00 66,411.55 128,785.49 221,214.51 37% 100-4-0000-10-102 Real Prop Taxes 14,500,000.00 1,441.06 4,636.62 14,495,363.38 0% 100-4-0000-10-103 Vehicle Prop Taxes 1,490,000.00 153,676.74 460,097.76 1,029,902.24 31% 100-4-0000-10-104 Homestead Taxes 437,000.00 0.00 0.00 437,000.00 100-4-0000-10-106 Heavy Equipment Rental Tax 146,000.00 52,211.16 52,211.16 93,788.84 36% 16,923,000.00 273,740.51 645,731.03 16,277,268.97 4% Licenses Permits and Fees 100-4-0000-20-202 Cable TV Franchise Fees 345,000.00 4,579.27 75,930.18 269,069.82 22% 100-4-0000-20-203 Electric & Gas Franchise Fees 1,800,000.00 0.00 0.00 1,800,000.00 0% 100-4-0000-20-210 Business Licenses 6,200,000.00 254,085.44 1,063,566.21 5,136,433.79 17% 100-4-0000-20-211 Business License Penalty 100,000.00 23,915.13 115,259.04 (15,259.04) 115% 100-4-0000-20-212 Business License Insurance 6,100,000.00 232,089.17 1,106,287.66 4,993,712.34 18% 100-4-0000-20-214 Telephone Licenses 100,000.00 19.02 19.02 99,980.98 0% 100-4-0000-20-216 Building Permits 1,100,000.00 100,641.55 360,694.68 739,305.32 33% 100-4-0000-20-217 Re-Inspect Fees 3,000.00 1,000.00 2,400.00 600.00 80% 100-4-0000-20-218 Planning Fees 20,000.00 5,686.00 11,971.00 8,029.00 60% 100-4-0000-20-220 Tree Permit/Penalty 7,500.00 775.00 4,406.00 3,094.00 59% 100-4-0000-20-221 Stormwater Review Fees 100,000.00 11,636.00 48,896.00 51,104.00 49% 15,875,500.00 634,426.58 2,789,429.79 13,086,070.21 18% Court Fines & Fees Municipal Court Fines 275,000.00 44,283.02 88,343.51 186,656.49 32% State Revenues 100-4-0000-30-301 Loc Opt Sales Tax Chas Cty 550,000.00 39,282.01 116,206.78 433,793.22 21% 100-4-0000-30-302 Loc Opt Sales Tax Berk Cty 2,200,000.00 224,868.01 655,512.23 1,544,487.77 30% 100-4-0000-30-311 Inventory Taxes 78,600.00 0.00 19,650.18 58,949.82 25% 100-4-0000-30-313 Manufacturer Tax Exemption 18,000.00 0.00 0.00 18,000.00 0% 100-4-0000-30-321 Aid To Subdivisions 1,252,907.00 0.00 313,226.36 939,680.64 25% 100-4-0000-30-325 Beverage Licenses 60,000.00 0.00 17,900.00 42,100.00 30% 4,159,507.00 264,150.02 1,122,495.55 3,037,011.45 27% AS OF 09/30/2023 Town of Summerville FYE 06/2024 UNAUDITED Revenue and Expense Report % OF YEAR COMPLETED: 25% Miscellaneous Revenues Current Budget Current Period Y-T-D Actual Budget Balance % of Budget PRT Grant Revenue 100-4-0000-35-326 Special Events Misc. Income 45,000.00 9,049.50 14,893.00 30,107.00 33% 100-4-0000-35-351 Interest Income 500,000.00 123,579.12 263,076.53 236,923.47 53% 100-4-0000-35-352 Sale of Assets 75,000.00 0.00 34,115.00 40,885.00 45% 100-4-0000-35-353 Parks and Playground Fees 35,000.00 3,525.00 5,875.00 29,125.00 17% 100-4-0000-35-355 Dorch Dist. 2 Reimbursement 1,025,000.00 0.00 18,587.93 1,006,412.07 2% 100-4-0000-35-360 Miscellaneous Income 100,000.00 1,149.12 4,806.69 95,193.31 5% 100-4-0000-35-362 Property Rental Fees 68,000.00 6,732.07 25,192.45 42,807.55 37% 100-4-0000-35-363 Cellular Tower Rental Fees 95,000.00 8,903.88 23,099.79 71,900.21 24% 100-4-0000-35-364 Report Fees 15,000.00 2,933.00 4,426.40 10,573.60 30% 100-4-0000-35-365 Administrative Fees 5,000.00 94.62 629.21 4,370.79 13% 100-4-0000-35-366 False Alarm Fees 14,000.00 0.00 310.00 13,690.00 2% 100-4-0000-35-370 Gahagan Field/Concessions 16,000.00 2,295.00 4,294.00 11,706.00 27% 100-4-0000-35-371 Regular League Fees 100,000.00 190.00 36,360.00 63,640.00 36% 100-4-0000-35-374 Gahagan Gate Fees 0.00 0.00 720.00 (720.00) 100-4-0000-35-375 MISC Rev-RECC 150,000.00 12,454.85 39,925.84 110,074.16 27% 100-4-0000-35-376 P&R Prepackaged Concessions 0.00 431.25 2,099.81 (2,099.81) 100-4-0000-35-377 P&R Prepared Concessions 0.00 0.00 190.25 (190.25) 100-4-0000-35-380 Tennis Program Revenue 20,000.00 4,290.36 9,184.36 10,815.64 46% 2,263,000.00 175,627.77 487,786.26 1,775,213.74 22% Transfers In Local Hat 3,500,000.00 291,667.00 875,001.00 2,624,999.00 25% State A Tax 70,000.00 0.00 0.00 70,000.00 0% Stormwater Fund 300,000.00 0.00 0.00 269,000.00 0% Fund Balance Appropriation 2,059,192.00 Infrastructure Roads Fund 144,437.00 0.00 0.00 144,437.00 6,073,629.00 291,667.00 875,001.00 5,198,628.00 14% Total Revenues General Fund 45,569,636.00 1,683,894.90 6,008,787.14 10,197,509.68 13% AS OF 09/30/2023 Town of Summerville FYE 06/2024 UNAUDITED Revenue and Expense Report % OF YEAR COMPLETED: 25% Parks and Rec Fire Municipal YTD August Actual Y-T-D Actual August Actual Y-T-D Actual August Actual Y-T-D Actual Residential 212-4-4731-20-235 Parks and Rec Facilities 17063.9 61,968.90 212-4-4731-20-237 Fire Facilities 20,594.48 74,790.46 212-4-4731-20-239 Municipal Facilities 27,720.62 100,669.64 237,429.00 Commercial 213-4-4733-20-267 Fire Facilities - Commercial 50,755.48 191,856.46 - 212-4-4733-20-239 Municipal Facilities - Comm 26,380.52 99,718.72 291,575.18 Total Revenues 17,063.90 61,968.90 71,349.96 266,646.92 54,101.14 200,388.36 529,004.18 212-5-4731-25-287 Shepard Park Expense - - 212-6-4731-13-520 Doty Park Improvements - - 212-6-4731-13-533 Fire Station 6 Construction - - 212-6-4731-14-521 Rollins Equipment-Parks 129,343.00 129,343.00 - 212-6-4731-15-312 Capital Equipment Streets 11,200.00 11,200.00 213-6-4733-13-533 Fire Station 6 Construction 213-6-4733-14-312 Vehicles/Rolling Equipment - 215,718.00 Total Expenditures 129,343.00 129,343.00 - - 11,200.00 226,918.00 356,261.00 Net Revenues over Expenditures (112,279.10) (67,374.10) 71,349.96 266,646.92 42,901.14 (26,529.64) 172,743.18 Unaudited Fund Balance 7/1/2023 191,454.37 711,252.43 1,670,186.72 AS OF 09/30/2023 Town of Summerville FYE 06/2024 UNAUDITED Revenue and Expense Report % OF YEAR COMPLETED: 25% Local Hospitality Tax Local Accomodations Tax August Actual Y-T-D Actual August Actual Y-T-D Actual 214-4-4741-20-221 Local H-Tax Revenue 485,171.74 1,533,842.86 214-4-4741-35-350 Special Event Sponsor 0.00 0.00 214-4-4741-35-354 Tourism Grants 0.00 18,277.00 Local Accomodations Tax 216-4-4712-30-315 Revenue 39,355.24 119,148.75 485,171.74 1,552,119.86 39,355.24 119,148.75 Total Expenses 849,848.45 1,651,072.39 0 0 Net Revenues over Expenses (364,676.71) (98,952.53) 39,355.24 119,148.75 Budgeted Revenue 6,000,000.00 % of Budget Collected 26% AS OF 09/30/2023 Town of Summerville FYE 06/2024 UNAUDITED Revenue and Expense Report % OF YEAR COMPLETED: 25% Current Budget Current Period Y-T-D Actual Budget Balance % of Budget Stormwater Mgt. Fund 500-4-4811-60-601 Operating Revenues 2,555,419.50 4,417.89 10,656.21 2,544,763.29 0% 0.00 Expenditures 2,181,391.00 133,316.09 447,948.42 1,733,442.58 21% Revenue Over / (Under) Expenditures 374,028.50 (128,898.20) (437,292.21) 811,320.71  MASTER SERVICES AGREEMENT BETWEEN TOWN OF SUMMERVILLE, SOUTH CAROLINA AND TETRA TECH, INC. THIS AGREEMENT is made by and between the TOWN OF SUMMERVILLE, SOUTH CAROLINA located at 200 South Main Street, Summerville, SC 29483, hereinafter referred to as (“Client”) and TETRA TECH, INC., hereinafter referred to as (“Contractor”), located at 2301 Lucien Way, Suite 120, Maitland, Florida 32751. WHEREAS, the Town of Summerville, South Carolina has issued a RFP for disaster debris monitoring and public assistance services; and WHEREAS, Tetra Tech, Inc. was selected to provide these services following the RFP issued by the Town of Summerville, South Carolina through a competitive bidding process; and WHEREAS, Contractor must comply with all applicable federal regulations from Title 2 Code of Federal Regulations Part 200 Appendix II as specified in Exhibit C and D, attached hereto and incorporated herein. NOW THEREFORE, the parties hereby agree as follows: 1. Scope of Services: Contractor and Client agree Contractor will perform services associated with disaster debris management and financial recovery services as described in Exhibit A1 and A2. Task Orders shall be issued for specific deliverables under this Agreement. Such deliverables to be provided by Contractor will be determined by Client and specified in writing on each Task Order prior to commencing work. A sample Notice to Proceed and Task Order are attached hereto as Exhibit E1 and E2. 2. Term: The term of this Agreement shall begin on and shall continue in full force for three (3) years from the date of award, with the option to extend the for two (2) additional one (1) year period, upon mutual agreement of the parties. 3. Independent Contractor: Contractor is an independent contractor and is not an employee of Client. Services performed by Contractor under this Agreement are solely for the benefit of the Client. Nothing contained in this Agreement creates any duties on the part of Contractor toward any person not a party to this Agreement. 4. Standard of Care: Contractor will perform services under this Agreement with the degree of skill and diligence normally practiced by professional Contractors performing the same or similar services. No other warranty or guarantee, expressed or implied, is made with respect to the services furnished under this Agreement and all implied warranties are disclaimed. 5. Changes/Amendments: This Agreement and its exhibits constitute the entire agreement between the Parties and together with its exhibits supersede any prior written or oral agreements. This Agreement may not be amended, modified or changed except by written amendment executed by both Parties. The estimate of the level of effort, schedule and payment required to complete the Scope of Services, as Contractor understands it, is reflected herein. Services not expressly set forth in this Agreement or its exhibits are excluded. Contractor shall promptly notify Client if changes to the Scope of Services affect the schedule, level of effort or payment to Contractor and the schedule and payment shall be equitably adjusted. 6. Uncontrollable Forces: Neither the Client nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable Page 1 of 6  control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, explosion, strike, transportation, or equipment delays, act of war, Act of God, lightning, epidemic, war, riot, civil disturbance, sabotage, acts of terrorism and governmental actions outside the control of the Client. The schedule or payment under the Agreement shall be equitably adjusted, if necessary, to compensate Contractor for any additional costs due to the delay. Neither party shall, however, be excused from performance if nonperformance is due to forces which are foreseeable, preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 7. Fee for Services: The fee for the services under this Agreement will be based on the actual hours of services furnished multiplied by Contractor's billing rates and all non-labor expenses as set forth in Exhibit B. Non-labor expenses shall be invoiced as follows: (1) travel expenses including airfare and car rental shall be invoiced at cost without mark-up; (2) lodging shall be invoiced up to the per diem rate according to the General Services Administration (GSA) rates established at www.gsa.gov (3) meals and incidentals shall be invoiced at the GSA per diem rate receipts are not required); (4) mileage shall be invoiced at the federally published rate; (5) other required non-labor expenses as may be applicable to the project and pre-approved by Tetra Tech and the Client shall be invoiced at cost without mark-up. 8. Compensation: Contractor shall bear the costs of performing all services under this Agreement, as directed by the Client, plus applicable permit and license fees and all maintenance costs required to maintain its vehicles and other equipment in a condition and manner adequate to accomplish and perform all services under this Agreement. Contractor shall submit monthly invoice for services rendered. Client shall pay Contractor in U.S. dollars within thirty (30) days of receipt of invoices less any disputed amounts. Client will review invoices for acceptance within ten (10) calendar days of the date of the invoice to which Client shall immediately notify Contractor of any invoice discrepancies. Contractor and Client will work in good faith to resolve any such discrepancies within ten (10) days after notification. Should a discrepancy result in a partial rejection of any item(s) invoiced, Client shall proceed with partial payment within Net 30 days of the date of the invoice. If Client fails to make payment within thirty (30) days of the date of such invoice, interest compounded at the rate of two percent (2%) per month (retroactive to the first month outstanding) shall be charged and payable by Client on all amounts unpaid and outstanding (less any discrepant amount identified within the ten (10) day review period noted above). Under no circumstances shall payment of Contractor’s invoices be contingent on reimbursement of Client by any third-party authority or funding source. All invoices shall be delivered to: Town of Summerville, South Carolina 200 South Main Street Summerville, SC 29483 Page 2 of 6  Payment shall be made to the following address: Tetra Tech, Inc., P.O. Box 911642, Denver, CO 80291-1642 In order for both parties herein to close their books and records, the Contractor will clearly state "Final Invoice" on the Contractor’s final/last billing to the Client. Such statement shall serve as certification that all services have been properly performed and all charges and costs have been invoiced to the Client. Upon submission of the Final Invoice, Client’s account with Contractor will be closed and any and other further charges if not properly included on the Final Invoice shall be considered waived by the Contractor. 9. Indemnity: Contractor shall save harmless the Client from all claims and liability due to activities of himself, his agents, or employees, performed under this contract and which to the extent result from a negligent act, error or omission of the Contractor or of any person employed by the Contractor. Contractor shall also save harmless the Client from expenses, including reasonable attorney fees which might be incurred by the Client in litigation or otherwise resisting said claims or liabilities which might be imposed on the Client as result of such activities by the Contractor, his agents, or employees. 10. Insurance: During the performance of the Services under this Agreement, Contractor shall maintain the following insurance policies: Worker's Compensation Statutory Employer's Liability U.S. $1,000,000 Commercial General Liability U.S. $1,000,000 per occurrence U.S. $1,000,000 aggregate Comprehensive General Automobile U.S. $1,000,000 combined single limit Professional Liability U.S. $1,000,000 per claim and in the aggregate 11. Work Product: Client shall have the unrestricted right to use the documents, analyses and other data prepared by Contractor under this Agreement ('Work Products'); provided, however Client shall not rely on or use the Work Products for any purpose other than the purposes under this Agreement and the Work Products shall not be changed without the prior written approval of Contractor. If Client releases the Work Products to a third party without Contractor's prior written consent, or changes or uses the Work Products other than as intended hereunder, (a) Client does so at its sole risk and discretion, (b) Contractor shall not be liable for any claims or damages resulting from the change or use or connected with the release or any third party's use of the Work Products and (c) Client shall indemnify, defend and hold Contractor harmless from any and all claims or damages related to the release, change or reuse. 12. Limitation of Liability: No employee of Contractor shall have individual liability to Client. No employee or officer of Client shall have individual liability to Contractor. To the extent permitted by law, the total liability of Contractor, its officers, directors, shareholders, employees and Subcontractors for any and all claims arising out of this Agreement, including attorneys’ fees, and whether caused by negligence, errors, omissions, strict liability, breach of contract or contribution, or indemnity claims based on third party claims, shall not exceed one million dollars (U.S. $1,000,000). 13. No Consequential Damages: In no event and under no circumstances shall Contractor or Client be liable to the other for any principal, interest, loss of anticipated revenues, earnings, profits, increased expense of operation or construction, loss by reason of shutdown or non-operation due to late completion or otherwise or for any other economic, consequential, indirect or special damages. Page 3 of 6 14. Information Provided by Others: Client shall provide to Contractor in a timely manner any information Contractor indicates is needed to perform the services hereunder. Contractor may reasonably rely on the accuracy of information provided by Client and its representatives. 15. Safety and Security: Contractor has established and maintains programs and procedures for the safety of its employees. Unless specially included as a service to be provided under this Agreement, Contractor specially disclaims any authority or responsibility for job site safety and safety of persons other than Contractor's or Subcontractor's employees. 16. Termination: Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. Client shall pay Contractor for all services rendered to the date of termination plus reasonable expenses for winding down the services. If either party defaults in its obligations hereunder, the non-defaulting party, after giving seven (7) days written notice of its intention to terminate or suspend performance under this Agreement, may, if cure of the default is not commenced and diligently continued, terminate this Agreement or suspend performance under this Agreement. 17. Dispute Resolution: Each party shall attempt to resolve conflicts or disputes under the Agreement in a fair and reasonable manner and agree that if resolution cannot be made to attempt to mediate the conflict by a professional mediator. If mediation does not settle any dispute or action which arises under the Agreement or which relates in any way to the Agreement or the subject matter of the Agreement, either party may pursue litigation after notifying the other party of their intentions. 18. Successors and Assigns: This Agreement is binding upon and will inure to the benefit of Client and Contractor and their respective successors and assigns. Neither party may assign its rights or obligations hereunder without the prior written consent of the other party. 19. Notices: Any notice required or permitted by this Agreement to be given shall be deemed to have been duly given if in writing and delivered personally or five (5) days after mailing by first-class, registered, or certified mail, return receipt requested, postage prepaid and addressed as follows: Client: Contractor: Russell W. Cornette, Jr., PE Betty Kamara Director of Public Works & Town Engineer Contracts Administrator Town of Summerville Tetra Tech, Inc. 200 South Main Street 2301 Lucien Way. Suite 120 Summerville, SC 29483 Maitland, FL 32751 Phone: 843-851-4226 Phone: 321-441-8518 | 407-803-2551 Email: rcornette@summervillesc.gov betty.kamara@tetratech.com 20. Severability: The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. 21. Governing Law and Venue: This Agreement shall be governed by and interpreted according to the laws of the South Carolina. The venue for any and all legal action necessary to enforce the Page 4 of 6  Agreement shall be Dorchester County, South Carolina. 22. Compliance with the SAVE Program: The contractor will execute an affidavit, attached as Exhibit C, that verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Calcasieu Parish has registered with and is participating in a federal work authorization program [Employment Eligibility Verification (EEV) / Basic Pilot Program, operated by the U.S. Citizens and Immigration Services Bureau of the U. S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA)] in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. 23. Access and Audits: Contractor shall maintain adequate financial and program records to justify all charges, expenses, and costs incurred in estimating and performing the work under this Agreement for at least three (3) years following final payment to the Client as Federal Emergency Management Agency sub-grantee as required by FEMA’s 322 Public Assistance Guide, page 114, as amended, or any similar regulation, policy, or document adopted by FEMA subsequent to the execution of this Agreement. The Client shall have access to all records, documents and information collected and/or maintained by others in the course of the administration of the Agreement. This information shall be made accessible at the Contractor’s place of business to the Client, including the Comptroller’s Office and/or its designees, for purposes of inspection, reproduction, and audit without restriction. 24. Compliance with Laws: In performance of the Services, Contractor will comply with applicable regulatory requirements including federal, state, special district, and local laws, rules, regulations, orders, codes, criteria and standards, and shall obtain all permits and licenses necessary to perform the Services under this Agreement at Contractor’s own expense. 25. Non-Discrimination: The Contractor warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, gender, age or national origin. 26. Waiver: A waiver by either the Client or Contractor of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 27. Entirety of Agreement: The Client and the Contractor agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters or other communications between the Client and Contractor pertaining to the Services, whether written or oral. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered except by written instrument executed by the parties hereto. 28. Modification: The Agreement may not be modified unless such modifications are evidenced in writing and signed by both the Client and Contractor. Such modifications shall be in the form of a written Amendment executed by both parties. 29. Contingent Fees: The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making Page 5 of 6  of this Agreement. 30. Truth-in-Negotiation Certificate: Execution of this Agreement by the Contractor shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. 31. Confidentiality: No reports, information, computer programs, documentation, and/or data given to, or prepared or assembled by the Contractor under this Agreement shall be made available to any individual or organization by the Contractor without prior written approval of the Client. 32. Miscellaneous: Client expressly agrees that all provisions of the Agreement, including the clause limiting the liability of Contractor, were mutually negotiated and that but for the inclusion of the limitation of liability clause in the Agreement, Contractor’s compensation for services would otherwise be greater and/or Contractor would not have entered into the Agreement. In any action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover, as part of its judgment, reasonable attorneys' fees and costs from the other party. 33. Counterparts: This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original instrument, but all of which taken together shall constitute one instrument. IN WITNESS WHEREOF, the Contractor has caused this Agreement to be signed in its corporate name by its authorized representative, and the Client has caused this Agreement to be signed in its legal corporate name by persons authorized to execute this Agreement. CONTRACTOR: TETRA TECH, INC. CLIENT: TOWN OF SUMMERVILLE, SOUTH CAROLINA By: Jonathan Burgiel By: Title: Business Unit President Title: Date: Date: ATTEST: ATTEST: Betty Kamara, Contracts Administrator Page 6 of 6