1  Work Session Meeting Minutes- May 6,2021  City Council Chambers, City Building, 161 West Scribner Avenue, DuBois, Pennsylvania on Thursday, May 6, 2021 @4 41 p.m.; Council convened att their regular Work Session with Mayor Walshi in the Chair. Other Council Members present were: Diane Bernardo, Shanel Dietz, and Shannon Gabriel. Also present were: City Manager, John "Herm" Suplizio; City Engineer/Public Work Director, Chris Nasuti; Redevelopment: Authority Director/Atsistant Public Works Superintendent, Joel Mitchell; Code Enforcement/Zoning Officer, Zac Lawhead; Public Works Superintendent, Scott Farrell; IT Director,  James Tokarcik; and Finance Officer, DeLean Shepherd.  Absent:  Councilman James Aughenbaugh; Police Chief, Blaine Clark; City Controller,  David Volpe  Approval of Minutes  Works Session Meeting Minutes of April2 22, 2021  Ther motion was made by Bernardo ands seconded by Dietz that Council approve the Work Session Meeting Minutes of April2 22, 2021 as presented byt the Administrative Secretary. Roll call vote was as follows: Dietz, yea; Gabriel, yea; Bernardo, yea; Walsh,y yea. Motion passed4 4-0.  Approval of Registry of Invoices Review for Monday May23r4) passed 4-0.  Request from Attorney Mohney to appoint Patrick A. Heath,3E East DuBois Avenue, tot the Hospital Authority fora a4 yeart term ending 05/24/2025. (Mr. Heathy willl ber replacing Josephl Lazore; who'st termis upon Ther motiony was made! by Dietza and seconded by Gabriel that Council approve the request from Attorney Mohneyt to appoint Patrick Heathi tot the Hospital Authority for a4- year term ending May 24,2025. Roll cally vote was as follows: Dietz,) yea; Gabriel, yea; Bernardo, yea; Walsh, yea. Motion  Application for County Aid- (Liquid Fuels)  pennsylvania Clearfield PROJECT DESCRIPTION: Chys StreetP Paving lEiscertifiedbyt conformtothec ATTEST:  APPLICATION FOR COUNTY AID  PROJECT CityofDuBois  -339  SECTION 1:7 Tobec completed by Municipality. Upon completions submittot the County.  THEREFORE BEITF RESOLVED, thaty we,t thec Officials of Countyf fora ana allocationo ofC Countyl Liquid Fuels TaxF Funds. TOTALE ESTIMATEDP PROJECTO COST: $250,000.00  County, Pennsylvania, InR Regular Session, doherebyr makea applicationt tothe  ALLOCATIONI thiss Specifications andt thatally useda willbe.d andy work DULV ADOPTED ON (Date): D-  $8,590.01 cunders legal shall 05/06/2021  andtheo officersw who ofT permissiono abuttingr propertyo CRoh POBOK 408, DuBois, PA1 15801  SECTION 2:Tob bec completed byCounty Officials. Uponc completion, submitt tot the PADepartmente ofTransportation.  WHEREAS, thec County Officialsof foregoinga applicationfort thee THEREFOREB iIsted BEITR belowf RESOLVED, thatw we, thes sald Officials, conformt currentP thec County LiquidFuels TaxF LETITALSOBER RESOLVED thaty wec doherebym makea year. DULYA ADOPTEDO  hahamprsamedwmnw the project providedu that all work dones shall  ofCountyl LiquidF Fuels TaxFundsf fori  Session, onb Specifications. thea tothe Pennsylvania Departmento ofT Transportationforan Signatures ofCounty Onlelals  the.  fort thea amountb belowi fnotd distributedtott the Municipalityn named: abovek byt thee endo this  SECTION 3: Tobec completed byt theP Pennsylvanial Department of Transportation.  APPROVED:  DATE:    2  Ther motion was made! by Gabriel ands seconded by Dietz that Council authorize Mayor Walsht to sign theA Application for County Aida as presented byt the City Engineer. Roll call vote was asf follows: Ther motion was made! by Gabriel ands seconded by Dietz that Council approve the Fire Training System as presented by City Manager Suplizio. Roll call vote was as follows: Dietz, yea; Gabriel, yea;  Dietz,) yea; Gabriel, yea; Bernardo, yea;) Walsh, yea. Motion passed 4-0.  Approval for Firel Training System  Bernardo, yea; Walsh, yea. Motion passed4 4-0. Hospital Security Force Agreement  POLICE SERVICES AGREEMENT BYANDB BETWEEN  DuBois Regional Medical Center, d/b/a Penn! Highlands DuBois, al Pennsylvania nonprofit  corporation (hereinafter called' "PHD"),  AND WITNESSETH:  The City of DuBois, a City of thel Third Class (DuBois).  WHEREAS, PHD operates ana acute care general hospital in DuBois, Pennsylvania ati its East WHEREAS, DuBois is capable ofp providing the Police Services described hereint through such sworn and certified law enforcement officers who: (a)satisfy the qualifications set forthi int this WHEREAS, through ana agreement witht the City for thej provision of Police Services through the City's Police Officers, PHD can: (a)i improve patient safety by facilitating the access and ready availability of Police Services at PHD's East Campus and West Campus; (b): standardize police procedures therein; (c) provide better scheduling oft thea availability of City Police Officers at PHD's East Campus andy West Campus; and (d)f facilitate the performance: and adherence toy police  Campus and' West Campus; and Agreement; (b) are acceptable to PHD; and  standards at PHD's East Campus and' West Campus. tob bel legally! bound! hereby, thep parties hereto agree as follows:  NOW, THEREFORE, in consideration of the mutual covenants herein contained: andi intending (a) PHD: shall provide all oft the space, supplies, equipment, services, andi technical support personnel that the City deternines tol ber reasonably required fori the City to provide the Police Services at PHD's East Campus and West Campus that are described! herein, including the equipment and vehicles that are described in Attachment A. (b) Nothing herein shalll be deemed to create aj property interest ont the part of the City or any oft the City Police Officersi in PHD's property, facilities or equipment. (c) Ift the City! has any concernsy with anyr member of PHD's security force ora any other PHD employee, the Citys shall bringi its concerns tot the attention of PHD's President or designee, who willr make a goodi faithe effort toa address anys such concerns. However, all PHD personnel will be subject tot the personnel policies of PHD. (a) The City shallp provide fort the availability of up to six (6) Full-Time Equivalent (FTE) Police Officers top provide the Police Services described herein at PHD's East Campus and at PHD's West Campus ina accordance withs suchs schedules as shall be developed by the Department in cooperation with PHD's President or designee int the following manner: () The City shallr require approximately Three and Four Tenths (3.4)F FTE Police Officers tol be ons site att the PHD's West Campus. The on-sitel hours of coverage: at the West Campus shallb be determined as mutually agreed upon (i) The Citys shallr require approximately" Two and One Tenths (2.1)F FTE Police Officers tol be ons site at the PHD's East Campus. The on-sitel hours of coverage: at the East Campus shall be determined as mutually agreed uponb by (ili) Thet time periods described in Sections2( (a)() and (i) shall be referredt to herein ast the' "Routine Hours of Coverage." Notwithstanding the foregoing, PHD andt the City! hereby agree that irrespective of any schedulei that may require the City Police Officers tol be ons site at PHD, ifrequested byt the City,  Section 1. Facilities and Personnel  Section2. Provision of Police Services by the Department  by the City and PHD. the City and PHD.    3  the Police Officers assigned to PHDr mayl leave PHD's premises as needed to (iv) On-site Police Services othert than Routine Hours of Coverage willl be provided by PHD's security force. During Routine Hours of Coverage, the on-site City Police Officer must respond! by phone immediately andi ini no event more than five (5)r minutes after being contacted. If PHD's security forcer requires a City Police Officer toj provide Police Services after Routine Hours of Coverage, PHD's security forcev will contact the City ande explain the reason for the on- site presence oft the City Police Officer. Ifrequested to be on site at PHD, Police Services must! bej provided! bya City Police Officer as soon as possible. (v) The parties hereby agree that ast the needs of PHDi increase or change, the City willr make a goodf faith effort to adjust the Routine Hours of Coverage at each Campus andt the: staffing oft the City Police Officers ate eachr respective Campus during Routine Hours of Coverage to satisfy PHD's needi for Police  assist the other City Police Officersi ina ane emergency.  Services asr mutually agreed upon! byt thep parties.  (b) As ani integral part oft the Police Services provided by the City, the City shallr require its () maintain ane effective and professional working relationship with PHD's management, PHD'ss security force, PHD's other personnel, and PHD's medical (i) worka actively and cooperatively ins supporting the goals, objectives and programs (ii) consult with PHD management when: such consultation is requested or required; (v) adhere to PHD's core behaviors; caring attitude, confidentiality, communication, (vi) keep PHD's President or his/her designee informed of new equipment, procedures and techniques that may! be used int thep provision of Police Services at (vil) participatei inj programs of education andi in-service programs for PHD's security force, medical staff appointees, nursing, and other PHDI personnel; (Vii) review andr revise City Police Services policies and procedures as requested; (ix) meet ona a monthly basis witht the PHDI East Campus and' West Campus (x) work actively and cooperatively in supportingt the goals, objectives, and (xi) provide ar monthly report that describes the Police Services that were provided that month, the number of City Police Officer FTES provided by the City during that month, anda any requests for the on-site presence of the City's Police Officers  Police Officers to:  staff members, of PHD;  (iv) whenr requested! by PHDs serve on PHD: safety committees;  collaboration, ando customer satisfaction;  PHD;  management orr more ofteni ifr requested by PHD;  programs of PHD; and  at PHD after the Routine Hours of Coverage.  Section3. Obligations of the City Police Officers  The Citys shall inform its Police Officers of the requirements of this Agreement and willr require the Police Officerst to comply witht thet terms oft this Agreement that apply tot the City Police The City will require each Department Police Officer whoy provides Police Services pursuant to (a) be a sworn and certified law enforcement officer who satisfies the standards established byt the Municipal Police Officers' Education and Training Commission ("MPOETC")and! by (b) perform the Police Services tot thes satisfaction of PHD's President/CEO. Ifat anyt time any oft the City Police Officers fail tor meet theser requirements, PHD may request the City tor remove the City Police Officeri in question from all duties pursuant tot this Agreement and,i if necessary: fort the Cityt to comply with thet terms oft this Agreement, the Citys shall provide a replacement Police Officer acceptable to PHD within ninety (90) days of receipt ofs said notice. The City mayr request ane extension oft thisi ninety (90) day periodi ifthe City reasonably cannot provide al Police Officer who meets all oft the qualifications set forthin this Agreement withint that period of time. PHD: shallg grant any first request for an extension: and shallr reasonably consider any further requests for ane extension.  Officers.  Section4 4. Qualifications of the City Police Officers  thisA Agreement to: the Department;  Sections 5. Compensation for Police Services    4  (a) Followingi its receipt oft thei report described in Sections 5(c), PHD: shall payt the City within fifteen (15) days thef following amounts for allo oft the Police Services provided by the City pursuant tot this Agreement during thet first three (3)y years following the Effective Date of () Fifty-Six Thousandi Eight Hundred Forty-Four Dollars and Sixty-Two Cents ($56,844.62); per FTE City Police Officer pera annum during the firsty year that this (i) Fifty-Eight Thousand Nine Hundred Forty-Three Dollars and Eighty-Eight Cents ($58,943.88) per FTE City Police Officer per annum during thes secondy year that (ii) Sixty Thousand Fivel Hundred Fifty-Two Dollars and Sixty-Eight Cents ($60,552.68) per FTE City Police Officer per annum duringt the thirdy yeart that this Agreement is (iv) the annual per FTE City Police Officer payment thereafter shall be established on orb before the fourth anniversary of thel Effective Date oft this Agreement, and on the: anniversary oft the Effective Date each year thereafter that this Agreement remainsi ine effect, using the same payment methodology: andt the actual cost per FTE City Police Officers then being provided tol PHD! by the City. The failuret to agree ont this amount on orb before thet then applicable anniversary oft the Effective Date oft this Agreement willp permit either partyt tot terminate this Agreement on one! hundred twenty (120) days' written notice. (b) The: amount: set fortha aboves shallb be determined onar monthly basis and shall be! based ont the report describedi in Section 5(c). Oncet the report described in Section 5(c)is acceptablet to PHD, the City willl bep paid the amount due inr monthly payments in accordance with thet terms of Section 5(c), by multiplying thet then-applicable annual FTE amount describeda above! byt the number of FTE's provided that month and then dividing (c) Eachr month, the City shall document the Police Services andi the number toF FTE City Police Officers thaty were provided to PHD during the month. The City must prepare and submit thet forms required by PHDr nol later than thei 10th day oft the monthi immediately following thei monthi iny which the Police Services were provided. PHD will then payt the monthly installment due withini fifteen (15) days ofi its receipt of this monthly report; provided however, the City failuret to complete andi top provide a report that is acceptable to PHD's President willr resulti in PHD withholding payment oft that monthly payment until sucht time as an acceptable reporti is provided to PHD's President. (d) Thep parties have determined the annual per FTE City Police Officer payment thati is describedi ins Sections 5(a) oft this Agreement based ont the experience, pay scale, benefits and other costs of employing the City Police Officersi ine effect as oft the Effective Date of this Agreement andi the projected costs of employing the Department Police Officers over the first three (3)years that this Agreement willl bei ine effect. (e) Int the event ofac change int the City Police Officer's pays scale, benefits, insurance premiums, taxes or other costs that arei incurred by the City as al result oft the City's employment oft the Police Officers needed toj providet the Police Services described herein, that is greater thant the rate anticipated on the Effective Date of this Agreement, thent the Citys shall provide PHD with such documentation ast tot thei increasei ina any such cost as PHD shall reasonably request. Upont the provision oft this documentation, the annual per FTEI rates that are describedi in Section 5(a)r may be adjusted as mutually agreed tor reflect any suchi increase int the City's cost of employingt the Department Police The Citys shall maintain inf force allr required insurance coveragei including butr not limited to Worker's Compensation Insurance, Unemployment Compensation, and professionall liability insurance, covering the Police Department: and the! Department Police Officers fori the Police Services that are provided pursuant tot this Agreement, regardless oft the date on whicha claimr may bet filed, in atl least such minimum amounts and terms as may be required by PHD. Thel Department shallf furnish: satisfactory evidence of suchi insurance coverage to PHD Each partys shalli indemnify, defend, and hold the other party harmless from all claims, loss, damage ori injury ofa anyk kind or character (including, without limitation, attorneys' fees and cost of defense) to any person or property caused by or arising from any act or omission of  this Agreement:  Agreement is ine effect; this Agreement isi ine effect;  ine effect;  that amount! byt twelve (12).  Officers not to exceed three percent (3%) per annum.  Section 6. Insurance  annually anda at othert times uponr request.  Section 7. Indemnification    5  thei indemnifying party andi its employees arising out oft the Police Services provided pursuant (a) Int the event that either the City or PHDI becomes aware of any alleged injury arising out oft the Police Services pursuant tot this Agreement, eachy party! has a dutyt to givet the other partyr notice containing the particulars sufficient toi identify ther name and address of the allegedi injured person, place and circumstances oft the alleged incident andt the addresses (b) Subject tot thet terms oft the respective professional liability and malpractice insurance policies, each oft the parties hereto: shall cooperate withi the other andi int the conduct of suits and enforcing any right of contribution ori indemnity against any person or organization who may bel liablet to either oft the parties because ofi injury with respect to whichi insurance is afforded, and each oft the parties hereto shalla attend the hearings and trials and assisti ins securing evidence and obtaining the attendance of witnesses. (a) The City and the City Police Officers shallr not disclose information relating to the identity of any PHD patient, any PHD patient healthi information, PHD's operations, ort thet terms and conditions oft this Agreement, unless PHD shalll have given written consent for the (b) The City andt the Department Police Officers will comply with alll laws andr regulations pertaining to confidentiality: ands security ofr medical records andi individuallyi identifiable healthi information, including thoses set fortha at 45 C.F.R. Parts 160 and 164, and any more restrictive federal or statel law. The parties hereby acknowledge and agreet that the transaction described int this Agreement constitutes a' "Health Care Operation" as that termi is defined int the Health Insurance Portability and Accountability. Act ("HIPAA"), that thep parties are not' "Business Associates" as that termi is defined in HIPAA and, as such,a Business Associate. Agreement ist not required as aresult oft this Agreement. (a) The parties shall comply witha alla applicable statutes, rules, regulations ands standards of any and allg governmental: authorities andr regulatory and accreditation bodies relating to (b) Thep parties have negotiated this Agreement ata arm'sl length, in the goodf faith! belieft that thei terms and conditions set forth! herein comply with current state and federall law. If either party reasonably determines that any provision oft this Agreement becomes, or could be alleged tol become, violative oft ther rules, regulations or reimbursement policies ofa anyt third partyr reimbursement program, any federal or states statue, rule orr regulation, or administrative orj judicial decision, subjects, or could! be alleged tos subject, any individual to anyf form ofe exciset tax or other monetary penalty, orj jeopardizes, or could bea allegedt toj jeopardize, PHD's status as and organization described in Section 501(c)G3)of the Internal Revenue Code,t thep parties shall meet and shall makea a goodf faithe effort to agreet tot the changes tot this Agreement sot thati it nol longer violates the same, nol longer subjects anyi individual toa any form of exciset tax orr monetary penalty, or nol longer jeopardizes PHD'ss status as a Section5 501 (c)(3) organization. Ift the parties cannot agree ont those changes, then either party mayt terminate this Agreement immediately upon (c) The compensation: set forth herein constitutes the commercially reasonable, fair market value oft the Police Services that are provide by the City through the City Police Officers (d) The Citys shallr require its Police Officers to conduct themselves inap professional manner. The City of DuBois Police Officers shall not discriminate int the provision of Police Services to anyi individual while on PHD's premises ona any! basis prohibited byl law. (e) Int the event, and onlyi int the event, that Section 952 of P.L. 96-499 (42 U.S.C. Section 1395x(v)(0)isa applicable tot this Agreement, the Department shallr makei itsr records available tot the Secretary oft thet federal Department of Health and Human Services ("DHHS")d or, uponr request, tot the DHHS Controller General, ast required by law. (a) PHD andt the City arei independent contractors. This Agreement shall not be construed to create ar relationship of principal and agent, partnership orj joint venture or ofa any association between the parties other thant that ofi independent contractors.  tot this Agreement.  Section 8. Cooperationi int the Event ofa a Claim  oft thea available witnesses.  Sectiong. Confidentiality  release ofi information, except asr required by! law orl legal process.  Section 10. Compliance with Law  the operation of PHD ort tot the provision of Police Services.  written notice tot the other party. pursuant tot this Agreement.  Section 11. Independent Contractors    6  (b) Neither the Cityr nori its Police Officers are employees of PHD1 for any purpose whatsoever and are note eligible for any benefits provided! by PHDt toi its employees. PHDis not responsible for paying or withholding: any taxes or other payments for or onl behalf oft the City ori its Police Officers, and the Cityl hereby indemnifies and holds PHDI harmless from  anyl liability for the same. (a) The Agreement shall commence on  Section 12. Terma and Termination  (the  "Effective Date") andl bei ini forcet for a period of seven (7) years from the Effective Date, unless terminated earlieri ina accordance witht thep provision herein. (b) This Agreement shall automatically renewf fors successive terms of one (1)year each, unless either party: serves written noticet tot the other ofi its intent not tor renew this Agreement not latert than one hundredi twenty (120)days prior tot the expiration oft the (c) At anyt time following the Effective Date, this Agreement may bet terminated for cause in the event ofar material breach ofa any provision oft this Agreement bye either PHD ort the City. The non-breaching partys shallg give written notice oft ther material breachi tot the breaching party containing a specific statement oft the material breach. The! breaching party shalll haves sixty (60) days fromt ther receipt ofs such notice to correct the material breach. Ifthe! breaching party fails tor makes such correction within sixty (60) days of notification, thent ther non-breaching party mayt terminate this Agreement effective att the (d) Notwithstanding: any othert term or condition oft this Agreement, the City of DuBois may terminate this agreement at anyt time after one! hundred twenty( (120) days' noticei ifit ceases to provide police services ori if, for economic reasons, itisr necessaryt tor reduce the after this Agreement has beeni ine effect for three (3) years following the Effective Date, either party may terminate this Agreement ata anyt time without cause by giving the other party atl least onel hundred and twenty (120) days' written notice of its intentioni to (e) Notwithstandingi the foregoing, this Agreement may also bet terminated ina accordance T) Int the event this Agreement ist terminated for anyr reason, or upont the non-renewal or this Agreement, thep parties shall cooperate during thei transition: sot that patient care and thes safe and orderly operation oft the PHD's services are not adversely affected. There arer no other agreements or understandings, either oral or written, between the parties affecting this Agreement, except as otherwise: specifically provided for or referredt to herein. This Agreement cancels ands supersedes all previous agreements, amendments or letter agreements relating tot the subject matter covered by this Agreement. Thei invalidity or unenforceability of any particular provision oft this Agreement shallr not affect the other provisions hereof, and this Agreement shall be construed in all respects asif suchi invalid or unenforceable provisions were omitted sol long as anys such modification does This Agreement has been executed: and delivered ina and shalll bei interpreted, construed, enforced and governed by ani ina accordance withi the laws oft the Commonwealth of Pennsylvania, andt the courts of Clearfield County, Pennsylvania: shall! bei the exclusive courts ofj jurisdiction andy venuef for any litigation, special proceeding or other proceeding between the parties that may be! brought ora arise out of, inc connection with, or by reason oft this Agreement. Thej parties! hereby consent tot thej jurisdiction ofs such courts. Nothingi int this Agreement shall be construed as creating or givingr rise to any rights ina any Thec captions orl headings aret for convenience only and arei not intended tol limit or define the  then current term.  end ofs said sixty (60) day period.  policet force. Ina addition, ata anyt time after  terminate. withi its terms.  Section 13. Entire Agreement  Section 14. Invalidity or Unenforceability. of Particular Provisions  not change thei intent oft the parties. Section 15. Choice of Law and' Venue  Section 16. No Third-Party Rights Section 17. Construction of Headings  third parties ora any persons other than the parties hereto. scope ore effect ofa any provision oft this Agreement.    7  Section 18. No Contra Proferentem  This Agreement has beenr negotiated ata arm's length, with thep participation of counsel for all parties. No party shalll be deemed tob bet the drafter of this Agreement or of any particular provision orp provisions, and nop part oft this Agreement shall be construed: against any party ont the basis oft that party's identity ast the drafter ofa any part oft this Agreement. The parties further acknowledge that the obligations herein described arei ing good faith and are Int thee event any paragraph, article, orp provision oft this Agreement is declaredi invalid, unlawful, or unenforceable, such declarations shallr neither nullify nor affect the validity, legality, ore enforceability of any other paragraph, article, orp provision! hereof. Furthermore, thei invalid provision shall be: amendedi to whatever extenti isr needed tor makes such provision acceptable and enforceable by the applicable court whiler retaining the intent oft thep provision Ifeither partys shall be delayed or prevented from the performance of any act required byt this Agreement byr reason of acts of God, military service, strikes, lockouts, labor troubles, terrorist attacks, pandemics, government shut-downs ors shelter inj place orders, inability to procure materials, restrictive governmentall laws orr regulations or other case, without fault andb beyond ther reasonable control oft the party obligated, PHD may unilaterally reduce or modify and compensation duet the City undert this Agreement, alter the Routine Hours of Coverage orr may excusel performance of this Agreement fori the period of the delay, andif performancei is excused thet term of this Agreement shall be extended: for a period equivalent tot the period ofs suche excused performance. Ift the City disagrees with PHD's proposed changes tot thet terms oft this Agreement, then the City may terminate this Agreement, to be Eacha anda all oft thet terms and conditions oft this Agreement shall inuret tot the benefit of and Anyr notices, demand, or communication required, permitted, or desired tol be given hereunder shall be deemed effectively given when personally delivered or mailed by prepaid certified mail, return receipt request, overnight carrier or personal delivery addresseda as  reasonable int the context oft ther matters released.  Section 19. Severability  tot the greatest possible extent.  Section 20. Force Majeure  effective thirty (30) days from the date ofs saidr notice.  Section2 21. Successors in Interest Section2 22. Notices  shall bel binding upon the successors ini interest oft the parties.  follows: PHD:  DEPARTMENT The City of DuBois Police Department Attn: CHIEF OFF POLICE_ 16V W.: Scribner. Avenue DuBois, PA 15801 Attention: Chief of Police  Johns S.Sutika, President Penn! Highlands DuBois 100 Hospital Avenue DuBois, PA 15801 Attention: President  or tos such othera address ori facsimile number and tot the: attention ofs such other person(s)or Neither party maya assigni its respectiver rights and/or duties hereunder without the prior This Agreement may be amended: ata any time byr mutual written agreement oft the parties. Not failure! by either partyt toi insist upon the: strict performance of any covenant, agreement, term or condition oft this Agreement ort to exercise aright or remedy shall constitutea waiver. No waiver of any! breach shall affect or alter this Agreement, but each and every covenant, condition, agreement andt term oft this Agreement shall continue int full force and  officer(s)a as either party may designate by written notice.  Section: 23. Assignment Section: 24. Amendments Section: 25. Strict Performance  written consent oft the other party.  effecty withr respect toa any other existing ors subsequent breach.  Section: 26. Counterparts    8  This Agreement may be executed ino counterparts, each of whichs shall be deemed and original, buta all of whichi together shallb be deemed tol be one andt the same document. Asigned copy oft this Agreement delivered byf facsimile, e-mail or other means of Electronic Transmission shall be deemed tol have the: same legal effect as delivery of an original signed copy oft this  Agreement.  (SIGNATURE PAGE FOLLOWS)  Ther motion was made by Dietz and: seconded by Gabriel that Council approve the Hospital Security Force Agreement as presented. Roll call vote was as follows: Dietz,) yea; Gabriel,yea; City Manager Suplizio announced that there will be aj joint press conference between the City of DuBois and Penn Highlands Healthcare- DuBois at 9:15 a.m. on Friday, Mayz 7,2021 in City Council City Engineer Nasutis stated that this project will pave curbs and puti in drainage. He went ont tos say that Sandy Township willt take care oft theirp portion of Maple Avenue. The motion was madel by Gabriel ands seconded by Dietzt that Council approve advertising for bids for thel Maple Avenue Turnback Project. Roll call vote was ast follows: Dietz, yea; Gabriel,) yea; Bernardo, yea; Walsh, yea. Request Public Hearing on Thursday, May 20, 2021at3 3:30! p.m. concerning the Comcast Contract Councilwoman Bernardoy would liket tol knowy whati isi ini the contract. Shel has been hearing that receptioni is horrible. She will write down! her questions and concerns for the meeting. Ther motion was madel by Dietza ands seconded by Bernardot that Councila approve the request for a Public Hearing onl Thursday, May: 20,20212 at3 3:30 p.m. concerning the Comcast Contract. Roll call vote was as follows: Dietz, yea; Gabriel,) yea; Bernardo, yea; Walsh, yea. Motion passed 4-0. Planning Commission Recommendation: Dubrook/YBC- Subdivision Ther motion was made by Gabriel ands seconded by Dietz that Council approve ther recommendation oft the Planning Commission anda approvet the Dubrook/YBC Subdivisioni request as presented. Roll cally vote was asf follows: Dietz, yea; Gabriel, yea; Bernardo, yea; Walsh, yea. Motion passed 4-0.  Bernardo,) yea; Walsh, yea. Motion passed 4-0.  Chambers concerning ther newly formed Police Hospital Security Force. Authorization to advertise for bidsf for Maple Avenue Turnback Project  Motion passed 4-0.  Tabulation: Maple Avenue! Streetscape Recommendation: Monday)  May 6, 2021  TABULATION OFI BIDS MAPLEAVENUE: STREETSCAPE  FOR  FIRM Straw Construction Co, Inc. PO Box 9 Boswell, PA 15531 2. John Nastase Construction POBox1 Snow Shoe, PA 16874 3. Dave Roman Excavating, Inc. 1135 Reynoldsville Sykesville Road Reynoldsville, PA 15851 Francis. J.P Palo, Inc. PO Box 368 309 S. 4th Avenue  AMOUNT OFBID $ No Bid  1.  $814,559.45  $746,980.10  4.  $863,936.00    9  Clarion, PA: 16214  5. HRI, Inc.  $924,935.00  17501 West College Avenue State College, PA 16801 6. Glenn 0. Hawbaker, Inc. 627F Rich! Highway DuBois, PA 15801  $773,169.25  Code Enforcement/Zoning: Officer Zacl Lawhead owner andy we will make arrangements tol have itr removed.  Updated Council on RickF Fotta andl his neighbor dispute. Hel hadac conversation with the camper  City Engineer- Chris Nasuti recommendation.  Thee ex-Trinity Lutheran Churchy would] likei tol have a designated parking area for thep pastor to park. Mayor Walsh: asked the City Engineer to check it out and come back witha People want al limit or permit parking on streets because some! households havet toi many  vehicles andi take upt toor many spaces ont thes street.  City Councilwoman- Diane Bernardo City Councilwoman- Shannon Gabriel City Manager- John' "Herm" Suplizio Topic: Margo Royer  Shout out tot the Planning Commission meeting andt the dialog witht the Downtown Group. Thanks to Code Enforcer Lawhead and City Manager Suplizio regarding the dumpster. However, thereis is now stuffs sitting beside the dumpster; why can't they put their stuffint the dumpster?  (Ms. Royeri isy veryupset witho our Police Department and! hasb  F