Ar meeting of the Fayette County Board of Commissioners was held at 10 a.m. on Thursday, June 20, 2024, at the meeting room of 2 West Main Street, Uniontown PA.  In attendance-  Commissioner Chairman Scott Dunn Commissioner Dave Lohr Commissioner Vincent A. Vicites Chief Clerk Amy Revak County Solicitor Jack Purcell  Commissioner Dunn welcomed everyone to the meeting at 10 a.m. He asked everyone to stand for a silent prayer, which was followed by the pledge of allegiance.  Public Comment on Agenda Items  Dylan McCarty asked the commissioners about how they plan to pay fori the bank building, citing the $4.5 million loan on the agenda. The commissioners explained that was not for the bank building and that item was not on the agenda sO it was not the Commissioner Lohr said a pastor had arrived and he introduced himself and then led  proper time to ask such a question.  the room in prayer. Controller  Commissioner Dunn said Controller Robb Rhodes was on vacation and he then  presented the following financial condition of the county.    Office of the Controller Fayette County,Pennsylvania  ROBERT P. RHODES Controller  Phone (724)430-1217 Fax(724)430-1366  DATE GENERAL FUND Cash Balance TRAN Tax Anticipation Note 2024 Revenue: 2024Expenditures:  June 18, 2024 Generall Ledger Budget YTD %Received Budget YTD %Used  $ 14,472,862.03 $ 6,600,000.00 52,157,065.00 27,862,163.10 53.42% 55,722,186.00 23,769,561.94 42.66% 3,109,724.62 $ $ 5,874,891.78 $ 3,526,500.00 $ 9,401,391.78 $ 83,501.71 $ 662,903.69 $ 1,153,430.52 $  2023 Expenditures Paidi in2 2024: Payroll Payments Duet to General Fund- LF Payroll Payments Due to General Fund- -CYS Loan Payable Due to GeneralFund-CYs CYSCurrent Cash Balance= =$. 184,401.11 ACT: 13 MARCELLUS: SHALE FUND/FUND. 13 Cash Balance- Unconventional Wells Account Cash Balance- Legacy Account Cash Balance- Bridge Department. Account CAPITAL RESERVE FUND/FUND51 Cash Balance  DUE TOG GENERAL FUND  TOTAL  19,103.08  FAYETTE COUNTY COURTHOUSE . 61 EAST MAINSTREET . UNIONTOWN. PENNSYLVANA15401  2    Adult Probation Office  Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the endorsement for the submission oft the Pennsylvania Commission on Crime and Delinquency, PCCD, Grant Application ID: 44298; Titled: Fayette County Reentry 2024 Strategic Plan. The Fayette County Community Action Agency will be the submitting agency encompassing a reentry coalition with the Courts, County of Fayette, and regional social service providers. No matching funds are required.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Behavioral Health Administration  Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to  approve the following agreements and modifications. HealthChoices Amended. and Restated Agreement 2024-2025  Contract Value  Period  Carelon Health of Pennsylvania, Inc. (formerly Beacon Health Options) Base Contract Agreements 2024-2025 accessAbilities, Inc. Fayette Resources, Inc. Laughter & Language, LLC Laurel House, Inc.  $123,021.21 $45,000 $264,979 $12,000.00 $747,436 $230,000 $35,000 $6,000 $53,544 $55,150 $9,950  01/01/24-12/31/24 0701/24-06/30/25 07/01/24-06/30/25 07/01/24-06/30/25 07/01/24-06/30/25 07/01/24-06/30/25 07/01/24-06/30/25 07/01/24-06/30/25 07/01/24-06/30/25 0701/25-06/30/26 07/01/24-06/30/25  Specialized Therapy And Related Services (STARS) Therapeutic Early Intervention Services, LLC( (TEIS) Western PA School for the Deaf Professional Services Agreement Renewal 2024-2026 Carelon Health of] Pennsylvania, Inc. (formerly Beacon Health Options) Combustion Service & Equipment Co. (CS&E) Professional Services Agreement 2024-2025 Authentic Perspectives Psychological & Consulting Services, LLC Global Wordsmiths, LLC John M. Purcell, Esquire Keli Reams Commissioner Dunn yes Commissioner Lohr yes  $2,500 $1,000 $175/hr. $3,500  07/01/24-06/30/25 07/01/24-06/3025 07/01/24-06/30/25 07/01/24-06/30/25  3    Commissioner Vicites yes Motion passed unanimously Children and Youth Services  Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2023-24 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Patrick C. McDaniel, Esquire, 50 East Main Street, Uniontown, PA 15401. Attorney McDaniel was court appointed to represent children in dependency proceedings. The rate for his services is $70.00 per  hour.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  An motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2023-24 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Watts Home for Youth, 136 Manchester Street, York PA 17401 for Transitional Living Residential Services on an as needed basis. The rates are as  follows:  Initial Clothing - $250.00  Transitional Living Resident Services $392.72/day  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2023-24 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Kaci Griffin, MSW LSW, 4000 Gypsy Lane, Unit 514, Philadelphia, PA 19129 for Race Equity Workshops for IL Youth  at a rate of $500.00 per workshop. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  4    Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2023-24 Purchase of Service Agreement between the County of Fayette through Fayette County Children and Youth Services and Adams and Adams, Attorneys at Law, 55 E. Church Street, Suite 101, Uniontown, PA 15401 for four parking spaces in the lot of Adams and Adams. The parking spaces are numbers 24, Twenty-Five Dollars $25.00 per parking spot for a total of One Hundred Dollars  25, 26 and 27. The rate is:  ($100.00) per month. Commissioner Dunn yes CommissionerLohr, yes Commissioner Vicites yes Motion passed unanimously  Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2023-24 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and A Child's Place, Pa, 1515 Locust Street, Suite 302, Pittsburgh, PA 15219. This service includes evidenced based parenting education in the form of Positive Parenting Program curriculum to families in the county, production of and maintenance of recordings and written reports, maintenance of equipment, telephone testimony for court proceedings, in-person testimony for court proceedings when telephone testimony is not permited/feasible, and provision of education for Agency personnel. The rate for this service is not to exceed  $221,673.23. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2023-24 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and A Child's Place, Pa, 1515 Locust Street, Suite 302, Pittsburgh, PA 15219. This service includes: physical examinations and forensic interviews in cases of suspected child abuse and neglect, production/maintenance of recordings and written reports, maintenance of equipment, 3 telephone testimony for court proceedings, in-person testimony for court proceedings when telephone testimony is not permited/easible, conduct monthly SCAN meetings which shall include members of the agency's MDT and MDIT teams and provision of education for agency personnel DMT and MDIT partners. The rate for this service is not  to exceed $155,966.02. Commissioner Dunn yes Commissioner Lohr yes  5    Commissioner Vicites yes Motion passed unanimously  An motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Kaci Griffin, MSW LSW, 4000 Gypsy Lane, Unit 514, Philadelphia, PA 19129 for Race Equity Workshops for IL Youth  at a rate of $500.00 per workshop. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2024-25 Purchase of Service Agreement between the County of Fayette through Fayette County Children and Youth Services and Adams and Adams, Attorneys at Law, 55 E. Church Street, Suite 101, Uniontown, PA 15401 for four parking spaces in the lot of Adams and Adams. The parking spaces are numbers 24, Twenty-Five Dollars $25.00 per parking spot for a total of One Hundred Dollars  25, 26 and 27. The rate is:  ($100.00) per month. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  AI motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Juvenile Probation, and County of Jefferson on behalf of the Jefferson County Detention Center, a division of Jefferson County Juvenile Court, 16001 State Route 7, Steubenville, Ohio 43952 for placement of delinquent youth on an $175.00/daylbed. This cost includes education during the school year. Medical, psychological, or other expenses are not included in this rate and would be an additional cost. In the event that Jefferson deems any transportation costs necessary, such costs shall be based on a rate of $25.00 per hour, for security and transportation (i.e., outside doctor, dentist, planned parenthood, mental  as needed basis. The rates are as follows:  health services, hospital emergency room).  Commissioner Dunn yes Commissioner Lohr yes  6    Commissioner Vicites yes Motion passed unanimously  Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2024-25 Purchase of Service Agreement Addendum between the County of Fayette, through Fayette County Juvenile Probation, and County of Jefferson on behalf of the Jefferson County Detention Center, a division of Jefferson County Juvenile Court, 16001 State Route 7, Steubenville, Ohio 43952 for 5 additional detention beds, as available, at a rate of $200 per day to house juveniles charged as adults under Pennsylvania Direct File Statute from here on referred to as "youthful offenders". This cost includes education during the school year. Medical, psychological, or other expenses are not included in this rate and would be an additional cost.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  An motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Combustion Service & Equipment Company, 2016 Babcock Blvd., Pittsburgh, PA, 15209 from June 1, 2024, through May 31, 2025, for HVAC mechanical equipment preventative maintenance at  the CYS office building at a cost of $2,040.00 annually.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  Consider approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Michelle Kelley, Esquire, 92 East Main Street, Uniontown, PA 15401. Attorney Kelley was court appointed to represent children in dependency proceedings. The rate for her services is  $75.00 per hour. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  7    A motion was made by Commissioner Vicites and seconded by Commissioner Lohrt to approve a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Speak Write, 6300 Bridge Point Pkwy, Bldg. 1, Suite 100, Austin, TX 78730 for transcription services. The rates are as General 1 % cents per word Legal 1 % cents per word Multi-Speaker 2 % cents per word Spanish Translation $9.00 per audio minute Urgent $24.95 in addition to per  follows: word.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Economic Development  A motion was made by Commissioner Vicites and seconded by Commissioner Lohri to approve an Ordinance, being formal action under the Local Government Unit Debt Act to authorize the County's General Obligation Note, Series of 2024; to set out terms and conditions for its security and payment, as presented by Bond Counsel; and to award the Note to a commercial bank, as purchaser; following the solicitation and review of bank proposals. The proceeds of the Note will be used to pay a portion of the project costs of various capital improvements throughout the County, completed in conjunction with other local government units and agencies of the Commonwealth of Pennsylvania, as further described ini the Ordinance. This ordinance is for the Fayette County Following the motion and second, Christopher Brewer of Dinsmore & Shohl, the county's bond counsel, explained that the county received numerous proposals but the one from FNB was superior, at 4.73 percent, and recommended that the commissioners accept it. He said the closing is scheduled for next month. He said this is the third year for the program, in which the county assists municipalities to obtain funds for infrastructure improvements. Commissioner Dunn then asked for the motion to be amended to include the name of the bank and the interest rate. An motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve an Ordinance, being formal action under the Local Government Unit Debt Act to authorize the County's General Obligation Note, Series of 2024; to set out terms and conditions for its security and payment, as presented by Bond Counsel; and to award the Note to First National Bank (FNB) at a rate of 4.73 percent as purchaser; following the solicitation and review of bank proposals. The proceeds of the Note will be used to pay a portion of the project costs of various capital improvements throughout the County, completed in conjunction with other local government units and agencies of the Commonwealth of Pennsylvania, as further described in the Ordinance. This ordinance  Infrastructure Bank (FCIB) Program.  is for the Fayette County Infrastructure Bank (FCIB) Program.  8    Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  EMA/911  Am motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve (17) Hazmat Team members to attend the Annual PA HazMat Technicians Training Conference August 22 thru 25, 2024 at Seven Springs. Region 13 is covering the cost of( (5) and (15) we be paid out of the EMA/HazMat account at a cost of  $5,260.00.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  AI motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve (5) staff members to attend the Annual Tyler, NENA and APCO Conference September 16- 20, 2024 in State College. Estimated expenses per staff - Hotel $636.00, Registration $159.00 meals $60.00 this is a 9-1-1 budgeted expense.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve (4) staff member to attend the Annual Keystone Emergency Management, PEMA and VOAD Conference at the Blair County Convention Center October 20-22,  2024 Cost is being covered by Region 13.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to purchase a 2018 Police Interceptor Ford Explorer from the Emergency Medical Services Institute 1002 Church Hill Road, Pittsburgh, PA 15205. Cost is $21,000.00 which includes waming lights, sirens, radio console and other emergency equipment.  9    Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a (3) year 24/7 Chair Fleet Program contract. Yearly amount will be $5,639.04 which includes a 1% discount. Contract will be for (8) chairs for the 9-1-1 center, chairs  are rated for 24/7 intensive use and weight rated for 500 pounds.  Commissioner Dunn yes CommissionerLohr: yes Commissioner Vicites yes Motion passed unanimously Human Resources  CENTRAL DEPARTMENT  A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to ratify the hiring of Braeden McKnight, Part Time Clerk, Non-Union, $12.00/hour effective  May 30, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  An motion was made by Commissioner Vicites and seconded by Commissioner Lohr to ratify the transfer of Emma Santore to Part Time Clerk, Non-Union, $12.00/hour  effective June 3, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  COMMISSIONERS: WEST NILE VIRUS  A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to ratify the hiring of Howard Metzger, West Nile Virus Technician, Non-Union,  $15.25/hour effective June 3, 2024.  10    Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  COMMISSIONERS: RECORDS  Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the transfer of Nicole Glaze to Records ArchivstMicrograpnics Operator, SEIU, PG 14, Step SR1, $18.80/hour ($36,660.00 annually) effective June 24, 2024.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  CYS  An motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve of the resignation of Kathryn Franklin, Caseworker III, effective May 31, 2024.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the resignation of Maxwell Henney, Caseworker I, effective June 3, 2024.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the resignation of Alexandria Kennedy, Caseworker II, effective June 19, 2024.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  11    ELECTION BUREAU  Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the promotion of Melissa Rexrode to Election Technology Manager, Non- Union, Supervisor, PG 8, Step B, $21.68/hour ($42,276.00 annually) effective June 24,  2024.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  EMA  A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the separation of employment of Cassandra Jones, Dispatcher Trainee,  effective May 10, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the separation of employment of Joshua Brinker, Dispatcher Trainee, effective  June 7, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the separation of employment of Brittany Sealy, Part Time Dispatcher, effective  June 7, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  FACT  12    A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the resignation of Charles Mitchell, Full Time Bus Driver, effective May 16,  2024.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  A motion was made by Commissioner Vicites and seconded by Commissioner Lohri to ratify the hiring of David Brady, Part Time Bus Driver (CDL), SEIU, PG 14, Step SR,  $18.16/hour effective June 3, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the resignation of Christine Pillar, Transportation Information Specialist,  effective June 7, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  FCBHA  A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the retirement of Tina Berthlotte, MR Program Specialist 1, effective June 5,  2024.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the resignation of Deonna VanVerth, Clerk Typist 2, effective June 21, 2024.  Commissioner Dunn yes Commissioner Lohr yes  13    Commissioner Vicites yes Motion passed unanimously  A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to hire Cole Novotney, County Caseworker 1, at $19.82 per hour, ($38,649.00 annually),  effective July 1, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  AI motion was made by Commissioner Vicites and seconded by Commissioner Lohr to hire Shaolin Dean, County Caseworker 1, at $19.82 per hour, ($38,649.00 annually),  effective July 1, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to hire Allyson Snyder, County Caseworker 1, at $19.82 per hour, ($38,649.00 annually),  effective July 1, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to table the hire of (2) TO BE DETERMINED, County Caseworker 1, at $19.82 per hour,  ($38,649.00 annually), effective July 1, 2024.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  FINANCE  14    AI motion was made by Commissioner Vicites and seconded by Commissioner Dunn to ratify the hiring of Casey Leonard, Finance Director, Non-Union, Supervisor, PG 24,  $56.41/hour ($110,000.00 annually) effective June 3, 2024.  Commissioner Dunn yes Commissioner Lohr no Commissioner Vicites yes Motion passed 2-1  After the vote, Commissioner Vicites said she meets the qualification of a finance director and we were fortunate to get her. He said they determined the salary by comparing people that hold that position in other counties. He said she has master's  degree from Notre Dame and she is a CPA.  TAXC CLAIM  Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the resignation of Sarah Minnick, Director of Tax Claim, effective May 31,  2024.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  Office of Human and Community Services/FACT  Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the Homeless Assistance Program Contracts for FY 2024-2025 between the County of Fayette and the following local Provider Agencies as follows (all Contracts  have a July 1, 2024 effective date):  City Mission-Living Stones, Inc. shall be reimbursed for actual allowable costs and only for eligible contracted services actually provided up to a maximum of Fayette County Community Action Agency shall be reimbursed for actual allowable costs and only for eligible contracted services actually provided up  $170,000.00.  to a maximum of $256,916.00.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes  15    Motion passed unanimously  Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the Human Services Development Fund Contracts for FY 2024-2025 between the County of Fayette and the following local Provider Agencies as follows (all Contracts  have a July 1, 2024 effective date):  Albert Gallatin Human Services Agency, Inc. shall be reimbursed for actual allowable costs and only for eligible contracted services actually provided up City Mission-Living Stones, Inc. shall be reimbursed for actual allowable costs and only for eligible contracted services actually provided up to a maximum of Fayette County Behavioral Health shall be reimbursed for actual allowable costs and only for eligible contracted services actually provided up to a Fayette County Community Action Agency shall be reimbursed for actual allowable costs and only for eligible contracted services actually provided up Fayette County Drug & Alcohol Commission, Inc. shall be reimbursed for actual allowable costs and only for eligible contracted services actually  to a maximum of $98,400.00.  $10,000.00.  maximum of $77,350.00.  to a maximum of $10,000.00.  provided up to a maximum of $20,180.00.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  Planning, Zoning and Community Development  AI motion was made by Commissioner Vicites and seconded by Commissioner Lohr to deny RZ: 24-04, Salvatore Ross Jr., Connellsville Township, requesting a change of zone from "R-1" Moderate Density Residential to "A-1" Agricultural-Rural (parcel 06-09-  0136).  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  16    Tax Claim  Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the following Repository Bids opened on June 4, 2024 subject to all conditions  being met. Total bid amount is $756.00.  Bidder Don McDonald. Jr. Brownsville Boro Brownsville Boro  Parcel 19-18-0012 02-06-0191 02-06-0189 Total $756.00  Twp/City/Boro Luzerne Twp Brownsville Boro Brownsville Boro  Amount $656.00 $50.00 $50.00  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Commissioners  A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to  approve the May 14, 2024 commissioners agenda meeting minutes.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to  approve the May 16, 2024 commissioners meeting minutes.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the exoneration of all delinquent county taxes, interest, penalties, and costs on parcel 19-20-0028 located at 422 Third Street, Allison PA 15413, as the parcel is now owned by Luzerne Township. Luzerne Township acquired the property after a fire destroyed the house and demolished the remnants of the house and cleaned up the  17    property. Luzerne Township intends to sell the property SO it can be returned to the tax rolls. An identical request is being made to the Brownsville Area School District.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  Amotion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the appointment of Warren Hughes, Tammy Stenson and Devan White to the Tourism Grant Review Committee, with terms to expire June 30, 2026.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  AI motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the appointment of Paul Bortz Jr. to the Fayette County Redevelopment  Authority with a term to expire on July 8, 2029.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve making the title of the newly combined Tax Assessment Office and the Tax  Claim Bureau the Office of Tax Services.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Public Announcements Fayette County Board vacancies expire on July 8, 2027.  There is one vacancy on the Fayette County Redevelopment Authority with a term to  18    There is one vacancy on the Agricultural Land Preservation Board for a Farmer Rep  with a term to expire on December 31, 2025.  Letters of interest should be emailed to Chief Clerk Amy Revak at  arevak@layellepaorg or mailed to 61 East Main Street, Uniontown, PA 15401 no later  than July 5, 2024. Public Comments  Commissioner Dunn announced that each person would have three minutes to speak and added that it is a comment period, not a question and answer period. Salvatore Ross Jr. said he was asked if he will get a reason for the denial of his rezoning. He said without a reason he can't move forward. He said he is sure there have been phone calls made, saying there was a person at the meeting that called the neighbors and rounded up a posse with his lies and he came to the meeting and spewed nonsense. He said they did everything right and asked to rezone and they were told no. Mr. Ross said he hopes the reason wasn't that a phone call was made by someone asking the county to deal with him. He said someone reported something on Facebook and he then tried to follow the legal process and was denied. He said in the Solicitor Purcell said that rezonings are an issue of the legislative power of the county commissioners. He said it isn't a judicial proceeding sO there is no requirement why it is being done. Marigrace Butela, a tax collector for Dunbar Township, asked if the action they took to combine the tax claim and assessment offices is legal. She said it wasn'ton the agenda on Tuesday sO is this a violation of the Sunshine Law. Solicitor Purcell said iti is not because it was on the agenda for today's meeting and the only requirement is for it to be out for 24 hours. Ms. Butela said she has never heard of such a combination. Commissioner Dunn said that they reached out to other counties that have combined the offices and when Ms. Butela asked for examples, Commissioner Dunn said he was unable to provide any specific information, adding that he didn'tknow if it was Fourth or Fifth Class Counties. Ms. Butela said she consulted with the state tax collectors association and they told her they have never heard of such a combination. She asked why do it. Commissioner Vicites said it has been done in other counties and it will save the county over $60,000. Ms. Butela asked if the notices will inform the taxpayers of the change. She said she wished it would have been on the agenda on Tuesday. Ms. Butela said she also was there for Missy Shaffer, who rides the FACT bus, and she showed a blown up photo of people sitting on upside down buggies at Wal-Mart. She said she thought it was disgraceful and asked why a bus shelter cannot be placed there. She said sometimes they have to sit up to an hour. Commissioner Vicites said they can  future he would like to have a reason why he was denied.  check to see if a bus shelter can be placed there.  Adjournment  19    A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to  adjourn the meeting. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  20    COUNTY OF FAYETTE COMMONWEALTH OF PENNSYLVANIA ORDINANCE NO. 2024- ENACTED JUNE: 20, 2024  FORMAL. ACTION CONSTITUTING Al DEBT ORDINANCE UNDER THE: LOCAL GOVERNMENT UNIT DEBT ACT  AUTHORIZING THE INCURRING OF NONELECTORAL DEBT BY THE ISSUANCE OF A GENERAL OBLIGATION NOTE: IN Al PRINCIPAL AMOUNT: NOT TO: EXCEED FOUR MILLION FIVE HUNDRED THOUSAND DOLLARS ($4,500,000.00); COVENANTING TO PAY, AND PLEDGING UNLIMITED TAXING POWER FOR THE PAYMENT OF, THE NOTE; FIXING THE FORM, MAXIMUM INTEREST RATE, MATURITY, REDEMPTION AND OTHER PROVISIONS FOR THE PAYMENT THEREOF; AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FOR THE PURCHASE OF THE NOTE; AUTHORIZING A FILING OF REQUIRED DOCUMENTS WITH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT; RATIFYING AND DIRECTING CERTAIN ACTIONS OF OFFICERS; AND MAKING CERTAIN OTHER  COVENANTS AND PROVISIONS INI RESPECT OF THENOTE.  Note Counsel: Dinsmore & Shohl LLP 1300 Six PPG Place Pittsburgh, PA 15222 Solicitor: John M. Purcell, Esq. 55 East Church Street Uniontown, PA 15401  8    WHEREAS, the County of Fayette (the "Local Government Unit") previously authorized al loan financing program offering reduced interest rate loans to municipal entities located within the Local Government Unit for qualified municipal infrastructure projects designated as the "Fayette County  Infrastructure Bank Program" (the' "FCIB Program"); and  WHEREAS, on May 16, 2024, the Board of County Commissioners approved the projects WHEREAS, thel Board of County Commissioners (the "Governing Body") of the Local Government Unit deems it advisable tol borrow aj principal sum not to exceed $4,500,000 pursuant to the Local Government Unit Debt Act, 531 Pa.C.S.A. $8001 et seq. (the' "Debt Act"), for thej purposes described on WHEREAS, Stifell Nicolaus & Company, Incorporated (the' Placement Agent") has obtained a Purchase Proposal (defined hereinafter), attached hereto as Exhibit PC, to arrange fort thej purchase, by ab bank or financial institution lawfully conducting business in the Commonwealth ofl Pennsylvania (the "Purchaser", as hereinafter further identified), of thel Note (defined hereinafter) tol be issued by thel Local Government Unit in order to achieve the financing oft thel Local Government Unit's Project.  identified: in Exhibit PH hereto as eligible fori inclusion in thel FCIB Program; and  Exhibit P hereto (the' "Project"); and  NOW, THEREFORE, it is hereby ENACTED as follows:  Section 1. Definitions  Unless the context clearly indicates otherwise, the following terms shall, for all purposes of this Ordinance, have the meanings hereby ascribed to them. Moreover, such terms, together with all other provisions of this Ordinance, shall be read and understood: in ai manner consistent with the provisions of the Debt Act, as generally interpreted by the Department of Community and Economic Development or by Words or phrases importing the masculine gender shall be read and understood to include the feminine and neuter genders and those importing number shall include singular or plural, both as appropriate to the context. The word "person," in addition to natural persons, shall mean and include corporations, associations andj public bodies and their successors unless the context shall: indicate otherwise.  courts maintaining competent jurisdiction.  "Bank" means thel Purchaser and is an alternative designation. "County Code" means The County Code, as amended, 16. P.S. $101, etseq.  "Dated Date" means the date of delivery of the Note, expected to be. July 31, 2024, or such other date that may be determined and fixed by the Purchaser and the Local Government Unit, upon which  interest willl begin to accrue on thel Note.  Department" has thei meaning given tos such term in Section! 2 hereof. "Designated Officers" has the meaning given to such term: in Section 21 hereof.  "First Note Payment Date" means December 1, 2024, the date upon which interest on the Note is first payable, as may be further specified by the Purchaser in accordance with the Purchase Proposal  relating to thel Note.  "Lender" mans the Purchaser andi is an alternative designation. "Loan Agreement" has thei meaning given to such term in Section 21 hereof.  9    "Local Government Unit" means the County of Fayette, a county and political subdivision oft the Commonwealth of] Pennsylvania, duly organized and validly existing under the Constitution and laws oft the  Commonwealth, particularly The County Code, as amended. "Maturity Date" means December 1,2044. 2024, in aj principal amount not to exceed $4,500,000.00.  "Note" or "Obligation" means the Local Government Unit's General Obligation Note, Series of "Note Payment Date(s)" means, singularly or jointly, June 1 and December 1 of each year during the term thereof, or as may be further specified by the Local Government Unit and the Purchaser in accordancer with thel Purchase Proposal, commencing with thel First Note Payment Date. "Project" has thei meaning given to such termi in Exhibit PI hereto.  "Purchase Proposal" means thel Request for Proposal for al Direct Bank Loan, set outi in Exhibit PC Local Government Unit by execution and delivery of the same pursuant to Section 6 herein; provided however that the term shall, in addition, mean andi include any addendums to thel Proposal for Purchase of the Note containing the final terms and conditions of the sale of the Note (consistent with the parameters established herein) from thel Purchaser, with thei intent that the two documents shall be read and interpreted as one, and furthermore that the Proposal for Purchase of the Note together with the addendum thereto, if any, shall govern thei rights and duties oft thel Local Government Unit and thel Purchaser, inter se. Placement Agent following its solicitation of proposals by means of the Request for Proposal for a "Redemption Date(s)" means any date, selected by thel Local Government Unit, with at least five (5) business days' prior written notice to the Purchaser, on which the Local Government Unit shall prepay all, or any portion of, subject to certain conditions, the outstanding principal amount of thel Note, togethèr with all interest then accrued and owing, in order to: redeem and prepay the same.  hereto, dated  2024, as revised, as obtained by the Placement Agent, and accepted by the  "Purchaser" means Direct Bank Loan.  identified and proposed by the  "Redemption Price" means 100% of the principal amount of the Note being redeemed and "Tax Code" means the Internal Revenue Code of 1986, as amended, along with applicable  prepaid.  regulations and rulings.  Section 2. Authorization  The Local Government Unit hereby authorizes thei incurrence, and the increase, of nonelectoral indebtedness in a principal amount not to exceed $4,500,000.00, to be evidenced by its General Obligation Note, Series of 2024 in substantially the form attached hereto as Exhibit A to the Loan Agreement (defined hereinafter) (with such changes as the Designated Officers, hereinafter defined,  shall approve), in order to pay the costs of the Project. (30/360 day year basis) for a period of  The Note will be dated the Dated Date, will bear interest at a fixed rate of 20_, and subsequently will reset to the Purchaser's then-current  % per annum C  C years from the Dated Date through  year cost of funds plus  basis points, payable on the Note Payment Dates, beginning with the First  10    Note Payment Date, and will amortize, as to principal, in part, on each said Note Payment Date according to the schedule of maximum principal and interest payments set out in Exhibit DS attached hereto. Specific payments of principal ofa andi interest on thel Note advanced and outstanding shall be due and payable in according to the schedule of principal amortization provided by the Purchaser following the end of the draw period, as provided in the Loan Agreement. During the second period, notwithstanding the above-stated formula, the maximum interest rate shall be  - year %.  The Note shall preserve to the Local Government Unit the right, to prepay, at any time beginning on the applicable Redemption Date and on any date thereafter, and from time to time, in whole or in part (but ifinj part, then in an amount equal to the whole project amount allocable to one or morei individual applicant(s) as described in Exhibit P, as further described in thel Purchase Proposal); at aredemption price of 100% of the principal amount being prepaid and redeemed, and any amount outstanding thereunder, in all cases with interest accrued to the date of such prepayment and Furthermore, the Note will be issued subject to, and the terms and conditions of payment, prepayment and security further delineated by and under a loan agreement (the "Loan Agreement") incorporating the terms and conditions of the Purchase Proposal. The Loan Agreement, substantially in the form attached hereto as Exhibit LA, is hereby approved, and the same shall be executed and delivered, with such changes as the Designated Officers shall approve, upon the issuance and delivery oft thel Note, in exchange for the Purchase Price ofsaid Note at the settlement thereof. The Local Government Unit hereby authorizes and directs the Governing Body (including individual members thereof) and the Chief Clerk, or their duly elected and acting successors (the "Designated Officers"), to execute and deliver the Note, the Loan Agreement and all such documents, and to do and perform all acts necessary and proper for the issuance and further security of the Note, including the filing of proceedings with the Pennsylvania Department of Community and Economic Development (the Department") to enable the Department to certify its approval to issue, sell and The Designated Officers are hereby further authorized and directed to provide to the Purchaser each year, for as long as the Note is outstanding, a copy of the audited financial statements of the Local Government Unit within 270 days oft the fiscal year end (or if the audit has not been completed, a copy of the unaudited financial statements, and the annual audited financial statements within 30 days of availability), and to comply with and perform all the terms and conditions of the Loan Agreement and The Designated Officers are hereby authorized and directed to prepare such materials and make such filings, applications and solicitations that are necessary to obtain appropriate approvals for the  redemption.  deliver thel Note.  thel Note.  issuance oft the Note and the matters contemplated hereby. Section 3. Preparation ofl Debt Statement  As required by $8110 of the Act, any member oft the Governing Body and the Chief Clerk ofthe Local Government Unit are authorized to prepare, execute and acknowledge thel Debt Statement, andi its  accompanying Borrowing Base Certificate.  Section 4. Security and Payment of the) Note  The Note shall be a general obligation of the Local Government Unit to the extent permitted by law. The Local Government Unit hereby covenants with the Purchaser and with subsequent holders, from time to time, of the Note (if any) that it will (a) include the amount of the debt service for each  11    fiscal year in which any installment of principal or interest is payable in its budget for that year, (b) appropriate such amounts to thej payment ofs such debt service, and (c) duly and punctually pay or cause to be paid the principal ofa and interest on the Note on the dates, at the place and in the manner stated For such budgeting, appropriation andj payment of the Note, the Local Government Unit hereby pledges its full faith, credit and taxing power. The Local Government Unit further covenants and agrees to undertake, perform and pursue all acts, applications, appeals, procedures and petitions, including the filing and pursuit of legal actions and remedies within appropriate administrative and judicial forums, necessary to permit and enable the Local Government Unit to budget and collect taxes and other revenues adequate to fulfill the foregoing covenant. The maximum amounts of debt service which are The Local Government Unit authorizes the creation (in its name and identified by reference to the Note), ofa Sinking Fund for the payment oft the Note with the Purchaser, which is al bank lawfully conducting business in the Commonwealth of Pennsylvania, and does further covenant toi maintain such Sinking Fund, in accordançe with the Local Government Unit Debt Act, until the Note is paid in full. Thel Local Government Unit shall serve asi its own paying agent and shall well and timely pay, from the Sinking Fund, the full amounts of all principal of and interest owing on the Note, as and when due and payable, until the Note is paid in full. Finally, the Local Government Unit shall serve as registrar in respect of the Note, according to thej provisions of the Act in compliance with current industry standards  therein according to the true intent and meaning thereof.  payable in respect oft the Note are: set forth in Exhibit DS attached hereto.  and practices.  Section 5. Tax Covenants.  The Local Government Unit hereby states its intention to comply with all the provisions of Sections 103 and 141 through 150, inclusive, of the Internal Revenue Code of 1986, as amended (the "Tax Code"); the Local Government Unit represents and covenants that it has undertaken and performed, and will undertake and perform, or, as appropriate, discontinue, upon the instruction ofNote Counsel, all those acts necessary and proper to the maintenance of the exclusion from gross income of thei interest on the Note to the registered owner(s) thereof conferred by those Sections, as interpreted by applicable regulations, rulings or other pronouncements of the Secretary of the United States Thel Local Government Unit covenants that the Note is not an issue: (1)(a) more than 10 percent of the proceeds of which are to be used for any private business use, and (b) the payment of the principal of, or the interest on, more than I0 percent of thej proceeds, directly or indirectly, is (x) secured by any interest inj property used or to be used for aj private business use, or payments in respect of such property, or (y) to be derived from payments in respect of property, or borrowed money, used or to be used for a private business use; nor (2) the proceeds of which, in an amount exceeding thel lesser of five percent of such proceeds, or $5,000,000, are to be used to make or finance loans to persons other than The Local Government Unit covenants that no portion oft thej proceeds of the Note is reasonably expected (at the time of issuance of thel Note) to be used, nor will be so used, directly or indirectly, (1) to acquire higher yielding investments, or (2) to replace funds which were used directly or indirectly to acquire higher yielding investments. This prohibition does not apply to proceeds invested in higher yielding investments (a) for a reasonable temporary period until such proceeds are needed for the purpose of the Note, or (b) as a part of a reasonably required reserve or replacement fund. For these purposes, "higher yielding investment" means any investment property (generally, a security or debt obligation) that produces a yield over the term oft the Note which is materially higher than the yield on  Department oft the Treasury.  governmental units.  thel Note but does noti include any tax-exempt obligation.  12    The Local Government Unit covenants to pay and rebate its arbitrage profits (being an amount equal to the sum of(1) the excess of (a) the amount earned on all nonpurpose investments over (b) the amount which would have been earned ift the nonpurpose investments were invested at a rate equal to the yield on the Note; plus (2) any income attributable to said excess [provided, further, that any gain or loss on the disposition of a nonpurpose investment will be taken into account]) to the United States in accordance with the provisions of Section 148(f) of the Tax Code and regulations thereunder, but as to the extent that none of the following exceptions apply to the Local Government Unit. Rebate to the United States as described above shall not be required of the Local Government Unit if, and in the event that any one of the following exceptions applies: (i) SIX MONTH SAFE HARBOR. the gross proceeds of the Note are expended for the Project by no later than the day which is six months after the date of issuance of the Note, or, the gross proceeds, except the lesser of five percent of the gross proceeds of the Note > or $100,000, are sO expended by said date and such remaining portion is expended by no later than the day which is one year after the date ofi issuance oft the Note; (ii) 18-MONTH SPEND-DOWN - the following cumulative percentages of the gross and investment proceeds of the Note are expended for the Project by no later than the day which is the indicated period oft time following the date ofi issuance of the Note: 15% six months; 60% one year; 100% eighteen months (except that not more than 5%, representing only reasonable retainage on the costs oft the Project, may remain unexpended after eighteen months, but not in excess of thirty months); (ini) TWO YEAR SPEND-DOWN CONSTRUCTION ISSUES ONLY) the following cumulative perçentages of available construction proceeds of the Note are expended for the Project by no later than the day which is the indicated respective period oft time following the date ofi issuance of thel Note: 10% six months; 45% one year, 75% eighteen months; 100% two years (except that not more than 5%, representing only reasonable retainage on the costs of the Project, may remain unexpended after two years, but noti ine excess oft three years); or (iv) SMALL. ISSUER- (a) 95 percent or more oft the net sale proceeds (being gross proceeds minus amounts deposited into ai reasonably required reserve fund) oft the Note is to be used for local governmental activities of the Local Government Unit (or a subordinate entity), and (b) the aggregate face amount of all tax-exempt obligations other than private activity bonds, issued by the Local Government Unit, and all subordinate entities thereof (but not including any obligations not outstanding or to be redeemed, as may be excluded under prevailing interpretations of the Tax Code and regulations thereunder), during the calendar year in which the Note are issued, is not For these purposes, "gross proceeds" means any proceeds and replacement proceeds of the Note, lavailable construction proceeds" has the meaning used in $148()(4)(C)vi) of the Tax Code, "sale proceeds" means all amounts actually or constructively received from the sale of the Note, except accrued interest on the Note deposited to the Sinking Fund, and "nonpurpose investment" means investment property acquired with the gross proceeds of the Note and not required to carry out any the  and  only  reasonably expected to exceed $5,000,000.  governmental purpose of thel Note.  The Local Government Unit must prepare, or cause to be prepared, execute and submit to the Secretary IRS Form 8038-G (or 8038-GC, as applicable) according to all the requirements for The Local Government Unit hereby designates the Note to be a "qualified tax-exempt obligation" for the purposes of, and according to all the terms and conditions of, Section 265(b)(3) of the Tax Code. Having considered tax-exempt obligations previously issued, together with the Note, during the calendar year in which the Note is being issued, the Local Government Unit represents and covenants that the reasonably anticipated amount of qualified tax-exempt obligations (other than private activity bonds) which will be issued by the Local Government Unit (together with all subordinate entities) during said calendar year does not exceed $10,000,000, except as otherwise allocated to one or more governmental entities receiving benefits according to thej provisions of Section 265()(3)(C)@n) of  information reporting contained in Section 149(e) of the Tax Code.  13    the Tax Code. For these purposes, tax-exemption obligations" means any obligation the interest on  which is wholly-exempt from taxes under the Tax Code.  Section 6.  Award  After due consideration ofs sundry factors, including thej professional advice oft thel Placement. Agent and current market conditions, the Local Government Unit hereby: (1) determines that aj private sale by negotiation of thel Note is in thel best financial interest oft the Local Government Unit; and (2) authorizes the Chairman or any Vice-Chairman of the Board of County Commissioners and the Chief Clerk (or their appropriate successors acting by reason of absence or other incapacity), in their sole discretion, to award the sale of thel Note to the Purchaser, by means of the execution, and delivery to thel Purchaser, oft thel Purchase Proposal. The execution and delivery of thel Purchase Proposal is hereby authorized and confirmed.  Section 7.  Expeditious Settlement.  The Local Government Unit hereby authorizes and directs the Designated Officers, Note Counsel or Solicitor to undertake and perform all actions on behalf of the Local Government Unit The Designated Officers are: further authorized and directed to undertake and perform, or cause to be undertaken or performed, all the ordinary duties of the Local Government Unit (and the same are hereby specifically approved) which may be required under, or reasonably contemplated by, the Purchase Proposal, including without limitation, retention of professionals, and execution and delivery of any certificates, orders, security agreements, mortgages and other similar documents and agreements that may be necessary, in the opinion oft the Purchaser, Note Counsel or Solicitor, for settlement oft the  necessary and proper to the expeditious settlement oft the sale oft thel Note.  sale oft thel Note. Section 8.  Note Ordinance: a Contract  Upon the Local Government Unit's execution ofa Purchase Proposal relating to thel Note, this Ordinance, and the Loan Agreement relating thereto, as and when thes same are executed and delivered, shall be deemed tol be a contract with thel holders (including purchasers of participation interests  therein), from time to time, of said Note.  Section 9.  Inter-municipal Contracts  The Designated Officers of the Local Government Unit are authorized to enter into contracts (including, as appropriate, loan or financing agreements, along with agreements for thej purchase or acquisition of notes or other promissory instruments) with the Albert Gallatin Municipal Authority, the Brownsville Municipal Authority, the Connellsville Housing Authority and the North Fayette County Municipal Authority to work collaboratively to finance and complete thel Project.  14    DULY: ENACTED on June 20, 2024.  COUNTY OF FAYETTE  [SEAL]  By:  Name: Scott Dunn  Title: Chairman, Board of Commissioners  Attest: By:  By:_  Name: Amy Revak Title: Chief Clerk  Name: Vincent A. Vicites Title: Vice-Chairman  By:  Name: Dave Lohr Title: Secretary    Thomas Shelby & Company, Inc 309 South Park Drive St. Marys, OH45885 PH: 419-394-3377 Fax: 419-394-4815 Name/ /Address Fayette County 911 24EMainSt Uniontown, PA1 15401  Quote Estimate# 1305  Date 5/3/2024  withomasnelbycom  Ship To  Quotation Good1 Till 60Days Total  Description  Qty  Rate  Pricing per chair pery year:  BodyBiti 12704HR i3504i inA Alternativel Leatheri is $712 The below pricingi isy your cost for the entire contract per the terms and chair models selected. 24/7 Chair Fleet Program: 3-Year Contract . Chairsi includet the BodyBilt (3) 12704HR and (5) 13504. *1 These are! blacka alternative leather chairs. * All chairs are ratedi for 24/71 intensive use and weight rated to at! least 500 pounds. * Chairr models can! ber mixed for1 the same price. Paid in Full- $16,746.24 (includes 2% discount). Thisi isaone time payment fora allo chairsf fort the 3 year contract, Vearly Payment- $5,639.04 (x3 3 payments) (includes 1% discount). This would be paide every year fort thet three years Quarterly Payment- $1,424.00 (x12 payments). This would be paid quarterly andi includes no discounts.  8  2,136.00  17,088.00T  oft the contract.  1. Taxes maya apply. ATax Exempt orF Proofo ofE Exemption must bec ont file ora accompanya 5. Estimatei isg goodf for3 300 daysf frome estimate date, unless other datei iss specified. Purchase Order or given to us willl be charged back you to.  Subtotal Sales Tax Total  S17,088.00 $0.00 $17,088.00  Purchase Order requesting Tax Exemps Status. 2. Above pricingi isf forr materiald only unless noted. 3. Material quotedis FOB Shipping Point. 4. Please confirm pricing: at the time of ordering.  (0.0%)  Pleaser note any charges fors services att time of delivery (such asi Residential Delivery, Inside Delivery, Hand Unloading, Limited Access, Liftgate- allf facilities without al loading dock orf fork lift willr requirea al liftgatef fora alll LTLDeliveries, etc.)r not listed ony your  16    EQUIPMENTI LEASE SUMMARY  LESSOR: Thomas Shelby and Company, Inc., of the City of St. Marys, County of Auglaize, State of Ohio, LESSEE: Fayette County 911, in the City of! Uniontown, int the County of Fayette. in the State of Pennsyivania referred toi int this agreement as' "Lessee".  referred toi int this agreement as' "Lessor".  EQUIPMENT LEASED:  BodyBilt models (3)12704HR. Alternative Leather. (5)13504 Alternative Leather Chair Identification numbers are on file at Thomas Shelby and Company, Inc.  DELIVERY LOCATION: Fayette County 911  24E EI Main St Uniontown, PA 15401  LEASE SCHEDULE  COMMENCEMENT DATE OF LEASE: May 15,2024  TERM OF LEASE:  The term oft this lease shall bei from! May:2024 until May 2027 atr midnight on each date. Dates are subject to adjustment. Contract will be fulfilled for 3 years from the date of thet first delivery.  FREQUENCY OF RENT PAYMENT: Yearly AMOUNT OF EACH RENT PAYMENT:  Thel Lessee (Fayette County 911)i is obliged to payl Lessor at total of$17.088.00 for the  rights conveyed under this lease. Payment Options:  a) Quarterly for $1,424.00: for 12 quarters b) Yearly for $5.639.04 (includes 1% discount): for 3y years A1%d discountiso offeredf for yearly payments made att the time the contract begins. ) Paymenti in Full at first year of contract for $16.746.24 (includes 2% discount) A2% discounti is offered for Paymenti inFul and made att thet time the contract begins  IfLessee (Fayette County 911)fails tor make a payment on or before its due date, al late fee of $ 75.00 shall be due and payable immediately to Lessor. Payment Address is Thomas Shelby & Company, Inc., 309  South Park Drive, St. Marys, OH 45885.  Thomas Shelby & Company, Inc. Equipment Lease  Page 1  May 3, 2024  17    TERMS AND CONDITIONS OFI LEASE  SECTIONI EQUIPMENT  May Exchange-Each; year, on or about the yearly anniversary date, a set of replacement chairs will be sent for exchange. The exchange will be BodyBilt models (3) 12704HR Alternative Leather, (5) i3504 Alternative Leather chairs in good or equivalent condition to the ones Lessor currenlly has. Iti is the Lessee's responsibility to receive the new shipment and return the used set to Thomas Shelby and Lessee agrees that Lessor has made no representations or warranties of any kind or nature, express or implied, with respect to any matter other than that contained in this agreement, including, but not limited tot the condition or use oft the equipment, its merchantability, its fitness fora any particular purpose, or thep profitability of its used or operation. lfr maintenance and service is required between the yearly exchanges a servicef fee int the amount of$ 175.001 willl be billedt tol Lesseei for any direct trips. Any costs for materials not covered under the manufacturers warranty will be billeda att thet time ofs service. IfLessee (Fayette County 911) fails to pay all amounts due within ninety (90) days of their due dates, then Lessor mayt terminate Lessor's obligations under this lease and takel back possession and control oft the properly. Int the event oft termination for non-payment, Lessee (Fayette County 911) shallr remain liablef fort thet balance due under thisl lease and alls such rent shall become due and payablei immediately. Lessor shall have the right to take possession of the equipment, without demand or notice, and Lessee's right to possession shall then terminate. Lessee authorizes the Lessor or any attorney of any Court of record to appear for and confess judgement as often as necessary against Lessee in any action to recover possession of the equipment or to recover all sums payable by Lessee under this agreement, with ten percent (10%) added as a collection fee. If upon taking possession of the equipment by Lessor the equipment is found not tol be int the same good condition, repair, and working orders as att thet time ofi its deliveryt tol Lessee, reasonable wear andt tear excepted, Lessee agreest top pay for allt the costsi in connection with and for the purpose ofr reconditioning and reinstating the equipment Lessee authorizes Lessort to! have the equipmentr reconditioned' toi its original state on! Lessee's behalfa and expense. Lessee agrees toi immediately pay to Lessor upon written demand any and all expenses, incurred byLessori ine exercising any ofitsr rights undert this agreement. While any delinquency exists, all payments made! byLessees shalli first! be applied to cure the delinquency! before any sums will be applied  Company, Inc.  SECTIONIE WARRANTIES  SECTIONIII DEFAULT  toi its original state.  toward ther rental payments.  SECTIONIV SCHEDULE SECTIONV TERM  The' "schedule" means the leases schedule set forth att the beginning oft this agreement.  Thet term oft this Lease shall be for the period statedi int the lease schedule. The first rent payment shall be payable on May 15, 2024, or upon delivery of the equipment to Lessee. All payments shall ber made tol Lessor ati its office or to such other party or such other place as thel Lessor may from time tot time designate in writing. Lessee waives all existing and future claims and offsets against any rent or other payments due undert this agreement, and agrees top payt the rent and other amounts undert this agreement when due regardless ofa any offset or claim that may be asserted! by Lessee or on! Lessee's behalf.  Page 2  Thomas Shelby & Company, Inc. Equipment Lease  May 3, 2024  18    SECTIONVI ASSIGNMENT;BANKRUPTCY  Lessee agrees that Lessee will not assign, mortgage, or pledge this Lease or anyi interest in it, or make any alterations, additions, or improvements to the equipment, or permit the equipment to be used by any person other than the Lessee or Lessee's employees, without the prior written consent of the Lessee agrees that neither this Lease nor any interest of thel Lessee int this Lease shall be assignable ort transterable by operation ofl law. Iti is hereby mutually agreed that int the event any proceeding under the Bankruptcy. Act, or any amendment to the Act, is commenced by or against the Lessee, or in the event the Lessee is adjudged insolvent, makes any assignment for the benefit of Lessee's creditors, or ifawrit of attachment ofe execution isl levied on the equipment andi is not released or satisfied within ten (10) days afterward, or if in any action or proceeding to which the Lessee is a party a reçeiver is appointed with authority to take possession or control of the equipment, Lessor may, at its option, terminate this Lease. The termination oft this Lease shall not preclude Lessor from asserting any rights  Lessor.  torecovert for loss of profits or other damages resulting from such termination.  SECTION' VII USE OF EQUIPMENT  Lessee (Fayette County 911) shall be responsible for maintaining the property in clean and working order taking into account normal wear and tear for the duration of the Lease agreement. Lessee acknowledges that this Lease is a commercial contract for the purposes of the Uniform Commercial Code. Any injuries or property damages or any other consequential damages or losses suffered in connection with the equipment or its use shall be the sole responsibility of thel Lessee, and the Lessor is relieved of any such liability or obligations. Lessee agrees to: save Lessor harmless against any claim or liability (including attorney's fees, costs, and expenses for the defense of any such claim or liability)  arising out of the use or operation of the equipment.  SECTION" VIII OPERATING REGULATIONS  Lessee shall comply with all laws, ordinances, and regulations, present or future, relating to the ownership, possession, use, or maintenance of the equipment throughout the term of this Lease. Lessee shall save and! hold Lessor harmless from any liability arising from any failure to comply with this  section.  SECTIONIX TAXES  Lessor shall pay all license fees, registration fees, assessments, charges, and taxes that may now or later bei imposed by any taxing authority upon the ownership, possession, leasing, renting, or use of  the equipment.  SECTION) X CLAIMS ANDI EXPENSES  Lessee agrees to hold and save the Lessor harmless from any and all claims, costs, expenses, damages, and liabilities, including reasonable attorney's fees, resultingf from the use of operation of the  equipment during the term of this Lease.  Page 3  Thomas Shelby & Company, Inc. Equipment Lease  May 3, 2024    SECTION) XI ACCEPTANCE OF EQUIPMENT  Unless Lessee gives Lessor written notice specifying any defect in or other valid objection to the equipment within seventy two (72) hours after receiving the equipment, it shall be conclusively presumed that the equipment was ing good operating condition when received, thatl Lessee: accepted and approved the equipment, and that the equipment was the equipment described in the Lease. Lesseet further agreest that Lessor shalli inno event bel liablei for any damages arisingo directly ori indirectly from the operation, failure, or defective condition oft the equipment for any reason.  SECTION, XII  RETURN OFI EQUIPMENT ON EXPIRATION OFL LEASE  Lessee agrees that upon the expiration of this Lease Lessee shall return the equipment to the! Lessor in the same condition in which it was recelved by the Lessee, ordinary wear and tear expected. Lessee shall return equipment to the Lessor at Lessee's own cost and expense, freight insurance prepaid, properly crated on board such carrier and to such destination as Lessor shall specify within ar radius of  ten (10) miles from Lessee's address.  SECTION. XIII NOI PURCHASE OPTION  Lessee shall have no option to purchase or otherwise acquire title to or ownership of any of the equipment and shall have only the right to use it under and subject to the terms and provisions oft this  Lease.  SECTION XIV  EQUIPMENT LOCATION; INSPECTION BYL LESSOR  The equipment shall not be removed from the location specified att the beginning of this Lease without the prior written permission of the Lessor. Lessee shall advise thel Lessori immediately of any damage to, orj judicial process affecting, the equipment. Lessor shall have the right to enter the premises where the equipment is or may be located at any time during business hours for the purpose of inspecting the  equipment.  SECTION. XV ADDITIONS AND ALTERATIONS  Lessee shall not make any additions or alterations to the equipment without the prior written consent of Lessor. All additions or improvements made by Lessee to the equipment shall belong to and become the property of the Lessor and shall form part oft the schedule upon the expiration of the terms of this Lease or its sooner termination. Lessor, however, reserves the right to require Lessee to remove any such additions or alterations andi to restore the equipment toi its original condition as oft the! beginning of  the Lease.  SECTION) XVI INSURANCE  Lessee agrees tol keep the equipment fullyi insured at its own cost and expense during the term of this Lease, during any renewal period, and during the time that the equipment is in transit to and from Lessee and until safely returned to Lessor. Lessee shall insure the equipment in the joint names of Lessee and Lessor and Lessor's lender for notl less than the replacement value of the equipment as of the inception of the Lease. Thei insurance shall be against all risks and shall include adequate Public Liability (Bodily Injury and Property Damage Liability Insurance) insurance of not less than One Million Dollars ($1,000,000.00). Lessee shall provide copies of the policies to Lessor and Lessor's lender. In the event of loss, whether total or partial, Lessor shall not be obligated to replace or to repair the equipment and Lessor shall have the option to terminate this Lease, in which event Lessee shall be relieved of its obligations under this Lease except those that have accrued and are owing tol Lessor.  Page4 4  Thomas Shelby & Company, Inc. Equipment Lease  May 3, 2024  ZU    SECTIONXVI (cont.)  The proceeds of anyi insurance, after payment ofl Lessor's lender, shall be apportioned between Lessor and Lessee as their respective interests may appear. Lessee appoints Lessor and Lessor's lender as Lessee's attorney-in-fact to make claim and receive payment for any loss or damage under any  insurance policy issued on equipment.  SECTIONXVI MARKINGS  Ifat any time during the term of this agreement Lessor supplies Lessee with tags, plates, or other markings stating that the equipment is owned by Lessor, Lessee shall permanently affix such  identification markings upon a prominent place on the equipment.  SECTION XVII ASSIGNMENT OF AMOUNTS DUE  Lessor may assign the amounts due or to become due under this agreement to any bank or other financial institution without prior notice to Lessee and Lessee agrees to recognize such assignment. However, such an assignment shall not relieve Lessor from its obligations to Lessee under this agreement and no such assignee shall be obligated to perform any duty, obligation, or covenant  required to be performed by Lessor under this Lease.  SECTION XIX  EQUIPMENT IS PERSONAL PROPERTY; OWNERSHIP  The equipment is, and shall at all times remain, personal property notwithstanding that the equipment or any part of it may now be, or subsequently become, attached to real property. Ownership of the equipmenti is andi remains with Lessor. Nothing contained int this Lease shalll be construed as conveying to the Lessee any right, title, or interest in and to the equipment other than as a Lessee, All rights to claiming any or all tax attributes associated with the ownership of this equipment remain exclusively  with the Lessor.  SECTION. XX TIME IS OF THE ESSENCE SECTION, XXI  Time is of the essence of this Lease and each and all provisions.  BINDING EFFECT ON SUCCESSORS AND ASSIGNS  This Lease shall inure to the benefit of and be binding upon the successors and assigns of the respective parties and the heirs, executors, and administrators of the Lessee, if an individual. Nothing in this Section shall impair any of the provisions prohibiting any assignment without the prior written  consent of the Lessor.  SECTION XXII GENDER; NUMBER  Whenever the context of this Lease requires, the masculine gender includes the feminine or neuter, and the singular number includes the plural, or vice versa. If there is more than one Lessee named in  this Lease, their liability shall bej joint and several.  SECTION: XXIII  GOVERNING LAW; JURISDICTION OF COURTS  This agreement shall be construed: andi interpreted in accordance with the laws of the State of Ohio. By executing this Lease, Lessee submits to the jurisdiction of the courts of the State of Ohio, Auglaize  County Court, for purposes of any action arising under this Lease.  Page5 5  Thomas Shelby & Company, Inc. EquipmentLease  May 3, 2024    SECTION XXIV ACCEPTANCE BYLESSOR  This instrument shall not be binding on the Lessor until executed by an authorized officer oft the Lessor and the supplier of the equipment has agreed to supply the equipment in accordance with Lessor's purchase order. However, Lessor reserves the right to waive any or all conditions relating to the equipment purchase order without impairing any of the conditions and covenants contained in this  Lease agreement  SECTION XXV FINANCING STATEMENTS  Lessee appoints Lessor its true and lawful attorney to prepare, execute, and sign any Financing Statements in order to protect its interest in the property set forth in this agreement, to sign the name oft the Lessee with the same force and effect as if signed by the Lessee, and to file such statement in the proper state and counties as required. Lessee declares that such Financing Statements signed by  the Lessor as its attorey shall be binding upon its heirs and assigns.  SECTION: XXVI  FAILURE TO INSIST ON STRICT COMPLIANCE  Lessor's failure to insist in any instance upon strict performance by Lessee of any provision In this Lease shall not be constructed as a permanent waiver of such provision or as a waiver of any other  provision of this Lease.  SECTIONXXVI SEVERABILITY SECTION XXVIII ENTIRE AGREEMENT  Ifa any provision of this Lease is held invalid or unenforceable, the remainder of this Lease will not be  affected by it.  This Lease contains the complete and exclusive statement of the agreement between Lessor and Lessee relating to the lease of equipment and cannot be amended, altered, or changed except by a  written instrument signed by the parties.  SECTION: XXIX  APPLICATION OF PROVISIONS; SPECIFIC OVER GENERAL  Iftwo or more provisions of this Lease apply to any situation arising under this Lease, the more specific shall apply, provided that such application carries out the purpose andi intent of this Lease.  Page 6  Thomas Shelby & Company, Inc. Equipment Lease  May 3, 2024    LESSEE'S CERTIFICATION  THE UNDERSIGNED LESSEE LEASES THE ABOVE-DESCRIBED EQUIPMENT FROM LESSOR, AND UPON IS ACCEPTANCE BY LESSEE, LESSEE AGREES TO BE BOUND BY AND TO COMPLY FAITHFULLY WITH THE TERMS AND CONDITIONS STATED IN THIS LEASE, WHICH Executed by Lessee at Fayette County911, Uniontown. PA. IN WITNESS WHEREOF the parties to this  LESSEE HAS READ AND UNDERSTANDS FULLY  Lease have hereunto sett their hands this fifteenth day of May Month, 2024 Year.  LESSOR: Thomas Shelby and Company, Inc.  LESSOR WITNESS: Sign Print LESSEE WITNESS: Sign Prinl  Sign Print LESSEE: Sign Print  Date  Date  Dale  Date