An agenda meeting of the Fayette County Board of Commissioners was held at 10 a.m. on Tuesday, January 16, 2024, at the Fayette County Courthouse first floor commissioners conference room, 61 East Main Street, First Floor, Uniontown PA. In attendance- Commissioner Chairman Scott Dunn Commissioner Dave Lohr Chief Clerk Amy Revak Chief County Solicitor Jack Purcell Commissioner Vincent A. Vicites (via Zoom until arriving for Economic Development) Commissioner Dunn welcomed everyone to the meeting at 10:03 a.m. He asked everyone to stand for a silent prayer, which was followed by the pledge of allegiance. He said there will be a proclamation on Thursday for National Human Trafficking Prevention Month and at 9 a.m., weather permitting, a ceremony for the Red Sand as they did last year with CYS. Public Comment on Agenda Items- None Proclamation January 2024- National Human Trafficking Prevention Month Assessment Office Rebecca Cieszynski presented the agenda items. AI motion was made by Commissioner Lohr and seconded by Commissioner Dunn to Approval of the following Veterans for real estate tax exemption as they have been approved by the Pennsylvania Department of Military Affairs having been qualified as consider placing on the agenda: 100% disabled veterans. Waverly Bailey Jr New Application Parcel 09-16-0041 Connellsville PA 15425 Joseph T Imbrogno Renew Parcel 17-03-0052 Fayette City PA 15438 Merton R Heacox Parcel 02-06-0276 Brownsville PA 15417 222 Dewitt Avenue Dunbar Township 161 Washington Drive Jefferson Township 636 Brashear St Brownsville Borough Renew Approval of the following: Re-establish the Real Estate and Per Capita tax payment dates and penalty rates for 2024. March 1 to April 30, 2 percent discount period; May 1 1 to June 30, Face period; July 1 to December 31, 10 percent penalty period. These are Approval to send Assessor Adam Thompson to the Assessors Association of Pennsylvania Spring Conference at the Westmoreland County Community College. Cost include $2,200 class fees and text book. Classes are 4 weeks, breakdown is January 29- February 2; February 26- March 1;March 4- March 8; March 18- March 22 Approval of LERTA. Application by Nemacolin Woodlands, Inc. 1001 LaFayette Drive Farmington PA - Parcel 42-22-0002 Conference Center Phase III and IV renovations. Approval of LERTA. Application by Nemacolin Woodlands, Inc. 4067 National Pike Farmington PA- Parcel 42-22-0002-02 Lady Luck Casino Renovations. the same rates as prior years, which are reestablished annually. below: Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Behavioral Health Administration Dave Rider presented the agenda items. consider placing on the agenda: An motion was made by Commissioner Lohr and seconded by Commissioner Dunn to Approval of the following agreements and modifications. HealthChoices Reinvestment Agreement- 2022 Funds Transitional Employment Consultants (TEC) Modification Agreement #1 2022-2023 Southwest Behavioral Care, Inc. Modification Agreement: #2 2022-2023 Chestnut Ridge Counseling Services, Inc. Contract Value $355,464 $422,096 $2,227,433 Period N/A 07701/22-06/30/23 07/01/22-06/30/23 Ratification of the 2024 corrected Appendix N attachment to the previously approved (December 2023) Department of Human Services HealthChoices Amendment #3-2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes 2 Motion passed unanimously Children and Youth Services Gina D'Auria presented the agenda items. consider placing on the agenda: AI motion was made by Commissioner Lohr and seconded by Commissioner Dunn to Approval of a FY2023-24 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Corporate Security and Investigations (CSI), 3645 Brodhead Road, Monaca, PA 15061 for the conducting of investigations in an attempt to locate missing, abducted or runaway youth, youth who may be involved in sex trafficking and parents with children attempting to avoid or abscond from child welfare agencies on an as needed basis. The rates are as follows: a. $105.00/hour for investigative services and $80.00/hr for subpoena services. Any work beyond twenty (20) service hours, extraordinary work or surveillance will not be conducted without prior approval by a member oft the Agency management. b. Mileage for business travel will only be billed once the Service Provider reaches Fayette County and will only be billed for travel occurring within Fayette County. Reimbursement for travel will be at the current reimbursement rate of the IRS and shall automatically update at any such time that an IRS rate update occurs. Approval of a FY2023-24 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services, and Sign Language Interpreting Professionals (SLIP), a private corporation, Post Office Box 313, Glenshaw, PA 15116 for services related to sign language interpreter(s). The rates are as follows: On-Site Interpreting: Monday-Friday 8am to 5pm: $62 per hour with a 2 hour minimum Monday-Friday 5:01 pm to 7:59 am: $65 per hour with a 2 hour minimum Weekends: Friday 5:01 pm to Monday 7:59 am: $65 per hour with a 2 hour minimum Monday-Friday 8am to 5j pm: $62 per hour with a 11 hour minimum Monday-Friday 5:01 pm to 7:59 am: $65 per hour with a 1 hour minimum Weekends: Friday 5:01 pm to Monday 7:59 am: $65 per hour with a 1 hour minimum Immediate Dispatch Emergency" On-Site Interpreting: 24/7/365: $75 per hour with a 21 hour minimum Additional Fees, If Applicable: Portal toj portal @ $28 per hour (if>40 miles from SLIP office) Parking (Flat fees: $9 for 0-4 hours & $15 4+1 hours) Out ofTown Expenses/Team Interpreters Video Remote Interpreting: 3 Consultation & Presentation fees available upon request Expert Recorded Testimony fees available upon request Cancellation fees are as follows: All appointments require 24 hour notice of cancellation for any reason including but not limited to no-show by any of the consumers (deaf or hearing). Cancellation with less than 24 hour notice will be billed for the total time scheduled per interpreter. Any appointment taking place on Sunday or Monday must be cancelled prior to close of business on Friday in order to avoid charges. Approval of a FY2023-24 Purchase of Service. Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and One Voice One Community, 111 W. Fayette St., Uniontown, PA 15401 for In-Home and In-School Truancy Evaluation, Short-Term Case Management, and IL Services on an as needed basis. The rates are as follows: Truancy Services: $250.00 per month, per child Independent Living Services: Program to consist of10-12 sessions with 6-10 students attending per session. Budget is not to exceed $7,500.00 during the fiscal year. Transportation Services: $30.00 per hour Approval of a FY2023-24 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services, and Avanco International, Inc., 12685 Wiltonshire Drive, Clifton, VA 20124 for AFCARS Upgrade and Maintenance. The rate is as follows: The cost of the AFCARS Upgrade and Maintenance is shared by fifty-six CAPS counties. The cost has been proportionally allocated across counties based on the number of users in each county compared to the total number ofCAPS users. The total cost ofthe. AFCARS Upgrade and Maintenance is $220,000.00. The cost of the. AFCARS Upgrade and Maintenance for Fayette County is a fixed price of$ $3,992.15. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Coroner Chief Clerk Revak read the agenda item. A motion was made by Commissioner Lohr and seconded by Commissioner Dunn to consider placing on the agenda ratification of an agreement commencing January 1, 2024 between Fayette County and Jennifer Hammers Pathology, LLC of Beaver Falls to perform autopsy services at a rate of $1,950.00 per autopsy, as attached. 4 Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Prior to a vote, Commissioner Dunn said Dr. Cyril Wecht retired. Solicitor Purcell said he spent decades of service. He said Dr. Hammers will do a fine job. Economic Development Mark Rafail read the agenda items. (Commissioner Vicites arrived) Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to Approval for Mark Rafail to renew membership to The Pennsylvania Economic Development Association (PEDA) as membership level of Economic Development Approval for Mark Rafail to attend 2024 Pennsylvania Association of Housing & Redevelopment Agencies (PAHRA) Legislative Summit at the Harrisburg Hilton from February 12, 2024-F February 14, 2024, at a cost of $325.00 conference registration, Approval for Mark Rafail to attend 2024 Pennsylvania Economic Development Association (PEDA) The 2024 PEDA Spring Legislative Conference at the Harrisburg Hilton from April 15, 2024 - April 17, 2024, plus 4 nights lodging. consider placing on the agenda: Professional at a cost of $425.00. plus 3 nights lodging. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Commissioner Dunn said he wanted to know the amount fori the hotel for the conterence when that becomes available. Human Resources Chief Clerk Revak read the agenda items. consider placing on the agenda: Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to ASSESSMENT 5 Approval of the resignation of Kelli Ash, Mapping Technician, effective December 29, 2023. Building & Grounds Approval of the hiring of Ronald Roll, Custodial Worker I, SEIU, PG3, Step SR, $12.58/hour ($24,531.00 annually) effective January 29, 2024. CYS Approval of the resignation of Meghan Burke, Caseworker I, effective December 21, Approval of the resignation of Amber Hayes, Caseworker II, effective January 10, 2024. 2023. Election Bureau Approval of the hiring of Elizabeth Nypaver, Department Clerk I, SEIU, PG5, Step SR, Approval of the hiring of Emma Santore, Department Clerk II, SEIU, PG 5, Step SR, $13.41/hour ($26,149.50 annually) effective January 22, 2024. $13.41/hour ($26,149.50 annually) effective January 22, 2024. EMA Ratification of the hiring of Wendy Watson, Dispatcher Trainee, Non-Union, $15.00/hour, effective January 8, 2024. Ratification ofi the hiring of Bryce Fisher, Dispatcher Trainee, Non-Union, $15.00/hour, Ratification of the hiring of Cassandra Jones, Dispatcher Trainee, Non-Union, effective January 8, 2024. $15.00/hour, effective January 8, 2024. Ratification of the hiring of Hailegh Shultz, Dispatcher Trainee, Non-Union, $15.00/hour, Ratification of the hiring of Joshua Brinker, Dispatcher Trainee, Non-Union, Ratification of the hiring of Jason Smereczniak, Dispatcher Trainee, Non-Union, effective January 8, 2024. $15.00/hour, effective January 8, 2024. $15.00/hour, effective January 8, 2024. FACT Approval of the resignation of Mark Halfhill, Mechanic Tech A, effective December 21, 2023. Approval of the hiring of David Stephenson, Part Time Bus Driver (CDL), SEIU, PG 14, Approval of the hiring of James Colland, Mechanic Tech D, SEIU, PG 10, Step SR, Step SR, $18.16/hour, effective January 22, 2024. $15.85/hour ($30,907.50 annually), effective January 22, 2024. FCBHA Approval of the Fayette County Behavioral Health Administration compensation Plan for the period of January 1, 2024 through December 31, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Juvenile Probation Office Heath Randolph presented the agenda item. Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to consider placing on the agenda approval of a contract with Multi-Health Systems (MHS) Inc. The yearly contract is per the assessment usage of the in-house assessment tool, the Youth Level of Service (YLS), which is performed on every delinquent juvenile under supervision. The per assessment cost is $3.00 with an estimated cost of less than $360.00 per year. This expenditure is expected to remain constant for the foreseeable future with no major increase. Ending CY 23 the cost was $147.00. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Mr. Randolph said they haven't had a contract before, which is why it is coming to the commissioners now. He said last year's cost was $2.10 each. Office of Human and Community Services/FACT Rudy Dutko presented the agenda item. A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to consider placing on the agenda approval of the Homeless Assistance Program Contract addendum between the County of Fayette and City Mission- Living Stones, Inc. The original contract was approved by the board of commissioners at the July 2023 meeting 7 with an effective date of. July 1, 2023. The contract made funding available to City Mission in the amount of $170,000.00 for the fiscal year 2023-24. The funds were to be allocated as follows: $105,000.00 for Emergency Shelter; $30,000.00 for Bridgehouse: and $35,000.00 for Case Management. The contract addendum will reallocate the yearly funding as follows: $80,000.00 for Emergency Shelter; $55,000.00 for Bridgehouse: and $35,000.00 for Case Management. Commissioner Dunn yes CommissionerLohr yes Commissioner Vicites yes Motion passed unanimously Commissioner Vicites said Bridgehouse went up and the other went down. Planning, Zoning and Community Development Chief Clerk Revak read the agenda item. Ar motion was made by Commissioner Vicites and seconded by Commissioner Lohr to consider placing on the agenda ZA 23-01, an amendment to the Zoning Ordinance creating a subsection for Injection Wells. The proposed amendment to amends Article I 1000-108 (Definitions), Article II 1000-203 Table I (Permitted Uses & Uses by Special Exception), and Article VII 1000-851 which creates a subsection titled Injection Wells. This amendment requires that Injection Wells, Classes I-IV, will be a permitted use by Special Exception within the M-1 Light Industrial & M-2 Heavy Industrial zoning districts and well as specifying the general standards and requirements set forth more fully in the amendment. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Commissioner Vicites said he is glad this is being implemented. He said iti is a situation that has to be looked at closely to protect the county in the future from those types of injection wells. Commissioner Dunn said for the Nicholson Township case there was no specific zoning. He said the wells are not banned; it puts restrictions in place. Commissioners Chief Clerk Revak read the agenda items. consider placing on the agenda: A motion was made by Commissioner Vicites and seconded by Commissioner Lohri to 8 Approval of the December 19, 2023 commissioners agenda meeting minutes. Approval of the December 21, 2023 commissioners meeting minutes. Approval of the December 21, 2023 special commissioners meeting minutes. Approval of the January 2, 2024 commissioners reorganization meeting minutes. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously An motion was made by Commissioner Vicites and seconded by Commissioner Lohri to consider placing on the agenda approval of an Inter-Goyermental Agreement, effective February 1, 2024, between Fayette County and the Uniontown City Police Department too operate, maintain and run the Fayette County Booking Center, as attached. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Prior to a vote, Commissioner Dunn said this is a continuation of an agreement with the city of Uniontown City Police Department. Commissioner Lohr said they looked at An motion was made by Commissioner Vicites and seconded by Commissioner Lohr to consider placing on the agenda approval of a resolution relating to Section 147(F) of the Internal Revenue Code of 1986, as amended, approving a project financing by the Washington County Industrial Development Authority for Chestnut Ridge Counseling Services, Inc. and the issuance by the Authority ofi its revenue note for such project in handling it at the new prison but decided to leave it as it stands. the principal amount of $4,500,000.00, as attached. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Prior to a vote, Commissioner Dunn said this doesn't obligate the county in any way, this or the next motion. He said this has nothing to do with zoning, it has to do with financing. Solicitor Purcell said ift the zoning isn't resolved, they will be back. He said this action must be done under the Internal Revenue Code. He said the county 9 Industrial Development Authority hasn't been active, which is why it is Washington An motion was made by Commissioner Vicites and seconded by Commissioner Lohri to consider placing on the agenda approval of a resolution related to Section 147(F) of the Internal Revenue Code of 1986, as amended, approving a project financing by the Washington County Industrial Development Authority for Gerome Manufacturing Company and the issuance by the Authority of its industrial development revenue note for such project in the principal amount of$1,400,000.00, as attached. County. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Public Announcements Commissioner Vicites said there are board vacancies. He said those include two on the FACT Transportation Executive Committee and one alternate member of the Zoning Hearing Board. He said they should email Chief Clerk Revak at reyak@tayettepa.org Public Comments- None Adjournment adjourn the meeting. 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 10 AGREEMENT THIS AGREEMENI, made and entered into this 15 day of] January 2023, by and between the COUNTY OFI FAYETTE, aj political subdivision ofthe Commonwealth ofPennsylvania, with principal offices at Federal Building, 34 West Peter Street, Uniontown, Pennsylvania 15401, hereinafter called COUNTY," AND JENNIFER AMMERSPATROLOVALIG whose officei isl located at 409 17th Street, P.O. Box 5, Beaver Falls, Pennsylvania 15010, hereinafter called PATHOLOGIST." WITNESSETH: The COUNTY, beginning ont the Ist day of. January 2024, has invited thel PATHOLOGIST NOW, THEREFORE, in consideration oft the mutual covenants, promises and agreements hereinafter set forth by the parties to bel kept observed andj performed, thej parties hereto do hereby toj perform autopsy services for the COUNTY. covenant, promise and agree as follows: 1. Iti is understood and agreed that the contract between the COUNTY and the PATHOLOGIST shall include all the terms and conditions set forth in the following Contract Documents, all ofv which are on filei in the Office oft the Controller OfFAYETTE County and are hereby incorporated herein by reference thereto as if set forth herein at length: this Agreement, Proposal OfPATHOLOGIST, and Insurance Certificates. 2. Thel PATHOLOdISTherely certifies that shei is duly licensed to practice medicine and forensic pathology under thel laws ofthe Commonwealth ofPennsylvania, and agrees that she will maintain such licenses during thet term ofthis AGREEMENT. 3. The COUNTY hereby retains the services of the PATHOLOGIST as a forensic pathologist to provide professional services on a case-by-case basis when requested to do so by the FAYETTE County Coroner (hereinafter referred to as the "CORONER"). 4. The PATHOLOGISTI hereby agrees to perform the requested professional services relatedi to autopsies at the Westmoreland County. Forensic Center or another autopsy: facilityagreed upon by thel PATHOLOGIST and CORONER, and shall: a. Provide complete medical-legal autopsies, including gross and microscopic diagnosis autopsy services, for the FAYETTE County Coroner's Office onsite at the Westmoreland County Forensic Center in accordance with the highest scientific, professional, and ethical standards ofhis/her profession. b. C. d. e. Provide. his/her owni transportation. Provide his/her own surgical instruments and personal protective equipment. Provide for the removal ofbiochemical waste ati its own expense. Perform autopsies within 48 hours on weekdays and' 72 hours on weekends upon notification by CORONER; extended time can be requested by PATHOLOGIST Postmortem reports are to be finalized within thirty (60) days of receipt of all results and/or reports for ancillary laboratory analysis or examination performed The reports shall be a complete, typed, final report, which is free of grammatical and spelling errors, and contain the following information at ai minimum: 1. The name of the individual, age, sex, other vital statistics, and applicable and granted at the CORONER's: sole discretion. f. by others, or additional law enforcement information. g. Coroner case number. 2. The date and time ofa autopsy. 3. A description ofe examination ofindividualrecoris. 4. A description of the internal examination, noting the weight and condition of specific organs and condition of internal body systems. As applicable, the report shall include significant positive findings and relevant negative findings; list of gross diagnoses; microscopic examination; summary of laboratory tastings; mechanism ofdeath; diagrams ofinjuries (with photos as appropriate); and any other information considered pertinent by the PATHOLOGIST. 5. Summary of relevant historical and scene information, as appropriate, resu.ts/findings from examination performed and determination of cause of 6. Any otheri information required by applicable statefederal laws or regulations 7. Signature of forensic board-certified pathologist licensed to practice medicine death. in the Commonwealth of Pennsylvania. h. i. j. Submit amended cause of death/manner of death when appropriate. Autopsies may be viewed by individuals or agency representatives, who may be involved int thei investigation or prosecution oft the case. Order toxicological, bacteriological, serological, or similar testing studies from laboratories when reasonable or necessary to assist in determining cause ofd death. The COUNTY shall select the laboratories and pay for such laboratory services. Provide court testimony if requested by the COUNTY for any court proceedings or CORONER's inquest relating to any service performed under the awarded Provide autopsy services in full compliance with all statutes, rules, regulations, directives, practices, and procedures required by Federal, State, and local Agreement. 1. authorities. m. Ensure that all such individuals performing services under the awarded contract meet all statutory and regulatory: requirements and standards, including all required background checks and licensing requirements. 5. Notwithstanding thej pricing set forthi inl PATHOLOGIST's! Proposal, the COUNTY shall pay the PATHOLOGIST for services at the rate of $1,950.00 for the performance of a complete medical-legal autopsy, including gross and microscopic diagnosis and typed post- mortem protocol. The COUNTY'S payment to the PATHOLOGIST includes the services of technician(s) selected by thel PATHOLOGIST for assistance: at any autopsy. ThePATHOLOGIST shall be responsible for making payment tot thet technician for his/her services, and forl handling all tax related matters regarding such payment (e.g.: IRS Form 1099 orl Form W-2 and all related tax withholding). Additional autopsy related services that may bej provided by the PATHOLOGIST with the agreement oft the CORONER willl bel billed at ar ratei tol bec disclosed and agreed upon prior to the service being performed. 6. Term: The initial term of this Agreement shall be for a period of twelve (12) months beginning on January 1, 2024 and ending December 31, 2024. After the initial term, the COUNTY reserves thei right ini its sole discretion to extend the Agreement for additional terms of one year on the same terms and conditions. 7. Termination of Agreement: TheCOUNTYmayt terminate the Agreement at anyt tmeiftcPATHOLOGIST fails to carry out its responsibilities or fails to make substantial progress under the terms specified in this Agreement. The COUNTY shall provide PATHOLOGIST with at least thirty (30) days written notice of conditions considered to be a failure toj perform contractual responsibilities. Ifafter such notice the PATHOLOGIST fails to remedy to the satisfaction of the COUNTY the condition contained in thei notice, the COUNTY shall have the right to1 terminate the. Agreement. The COUNTY and PATHOLOGIST each reserve the right to terminate the Agreement, without cause, at any time for the convenience or best interests oftheC COUNTY, by delivery yofsixty (60) days advance written notice. 8. Access to Premises: The names and credentials of all personnel accessing the facility shall be supplied in writing to the facility and must be approved in advance by facility before such personnel shall be permitted to enter the Autopsy Suite/Morgue Area. 9. Compliance with Law: Thel PATHOLOGIST shall at all times observe and comply with all federal, state, local and municipal laws, ordinances, rules and regulations in any manner affecting the Agreement. 10. Assignment: This Agreement is not assignable. The PATHOLOGIST shall have no authority to assign or subcontract any part oft this. Agreement without prior written approval of the COUNTY. Ifthe COUNTY consents to any assignment or subcontract, the PATHOLOGIST shall remain responsible for the quantity and quality of the performance of the assignee or subcontractor. 15. Default: The following events shall constitute default on the part of the PATHOLOGIST hereunder and COUNTY, in its sole option, may immediately terminate this Agreement and obtain damages from PATHOLOGIST resulting from said breach. This remedy shall be in addition to any other remedies availablet to COUNTY: (A) Breach or failure of PATHOLOGIST to observe or perform any of its other (B) The insolvency or bankruptcy of PATHOLOGIST or the making by PATHOLOGIST ofa an assignment for thel benefit of creditors, or the consent fPATHOLOGIST to the appointment of a' Trustee or Receiver for PATHOLOGIST or for a substantial part of its obligations hereunder. property. (C) The institution by or against PATHOLOGIST of bankruptcy, reorganization or insolvency proceeding. Upon the occurrence of any such uncured default, COUNTY may, at its option and without further notice or demand on PATHOLOGIST, declare this Agreement in default and thereupon all righisofPATHOLOGIST herein shall bes surrendered. and forensic pathology under the laws of the Commonwealth of] Pennsylvania. (D) Ifany Pathologist OfPATHOLOGIST loses his orl her license toj practice medicine (E) IFPATHOLOGIST, for any reason, fails to maintain insurance coverage, whichi is (F) Ifthe actions or inactions oft the PATHOLOGIST constitute ai risk to any person's required pursuant to this Agreement. safety. 16. Insurance: Upon execution ofthe Agreement, PATHOLOGIST shall provide evidence ofthe required insurance coverages, in the form of certificates ofinsurance with the below-listed amounts. a. General Liability: Limits of $1,000,000.00 per caurencesz.00Q00.c0 aggregate at ai minimum. b. Worker's Compensation: Statutory benefits; employer's liability. $500,000.00 one accident and aggregate disease. The PATHOLOGIST'S carrier will waive all rights of subrogation against the COUNTY. C. AutomobileLiability: $1,000,000.00per occurrence combined single limit for bodily injury (including death) and property damage liability, covering owner, non-owned and hired vehicles. d. e. Professional Liability Insurançe - Claims-based medical malpractice $1,000,000.00 per ccumence,,00,00.00 aggregate at ai minimum. Excess coverage insurance: int thei minimum of $2,000,000.00 shall be required covering general liability, automobile liability and employer's liability policies. h. Each physician, pathologist nurse, and other professional who will perform autopsies must either be covered under PATHOLOGIST's: insurance policy for professional liability or provide COUNTY with evidence of separate policies of professional liability insurance with policy limits of $1,000,000.00 per occurrence and $300,000.00 in the aggregate. The insurance requirements shall also apply to interns or 1099 contracted employees OfPATHOLOGIST. 17. Non-Liability OfCOUNTY: COUNTY,isoficers, agents, and employees shall not be liablet tol PATHOLOGIST for anyl loss or damage to PATHOLOGIST orP PATHOLOGISTS property from any cause. PATHOLOGIST expressly waives all claims against COUNTY, its officers, agents, and employees, unless such injury or damage is caused by or due to the gross negligence or willful misconduct ofCOUNTY, its officers, agents, and employees. 18. Indemnification: PATHOLOGIST agrees to accept all responsibility for loss or damage to any person or entity, including COUNTY, and to indemnify, defend, hold harmless, and release COUNTY, its officers, agents, servants and employees, from and against any actions, demands, claims, causes of actions, damages, liabilities, fines, penalties, judgments, lawsuits or expenses, that may be asserted by any person or entity, including PATHOLOGIST, that arise out of, pertain to, or relate to the PATHOLOGIST's negligence, recklessness, willful or wanton misconduct, intentional conduct, professional errors or omissions or any other liability of PATHOLOGISI, its officials, agents, servants, representatives or employees, including counsel fees, costs and expenses incurred by COUNTY and its officers, directors, employees, servants, representatives and agents, in defending such, actions, demands, claims, causes of actions, damages, liabilities, fines, penalties, judgments, lawsuits or expenses, unless the same is solely caused by the gross negligence or willful misconduct of the COUNTY, its agents, servants, representatives or employees. Nothing in this Agreement shall be construed as a waiver of any immunity or defense provided to COUNTY, its officers, employees or elected officials under the Political Subdivisions Tort Claims Act. 20. Miscellaneous: (A) As between COUNTY and PATHOLOGISI, neither shall be deemed to be the agent, servant, representative or employee ofthe other and neither shall have any authority tob bind the other contractually or otherwise. The PATHOLOGIST, its employees, agents, and those of any approved subcontractors are independent contractors and are not deemed to be employees of the County OfFAYETTE or thel FAYEITE County Coroner in any manner whatsoever and shall act in an independent capacity and not as officers, employees, or agents of the County of FAYETTE or thel FAYETTE County Coroner. (B) PATHOLOGIST hereby certifies that each pathologist performing the autopsies under this Agreement are duly licensed to practice: medicine and forensic pathology under thel laws ofthe Commonwealth ofPennsylvania, and agrees that the pathologist will maintain such licenses during the term ofthis Agreement. (C) Thel PATHOLOGIST shall engage only licensed and qualified personnel toj provide (D) All employees, agents, servants and representatives of PATHOLOGIST shall conduct themselves in a polite and mannerly fashion to all employees of the COUNTY or the professional services. CORONER and members oft the public on the premises oft the COUNTY. (E) PATHOLOGIST shall ensure that all individuals OfPATHOLOGIST entering the Forensic Center meet all statutory and regulatory requirements and standards, including all required background checks and licensing requirements. (F) PATHOLOGIST shall ensure that aj pathologist is available tot the COUNTY at all times. If the PATHOLOGIST employs multiple pathologists, PATHOLOGIST shall designate a primary pathologist assigned to the COUNTY. PATHOLOGIST shall further ensure that a replacement; pathologist, whol has been approved by the COUNTY,isavailablet toprovideservicesin the absence oft the primary pathologist. (G) PATHOLOGIST agrees toj provide copies ofprofessional licenses for those assigned (H) PATHOLOGIST shall ensure that these professionals stay abreast of changes in (I) If the COUNTY or the CORONER has deemed that an employee, or individual under direction ofthel PATHOLOGIST: has failed to perform his or her job responsibilities or has failed to act in accordance with applicable standards of professional or ethical conduct, the COUNTY shall notify PATHOLOGIST in writing. PATHOLOGIST shall investigate such claim and notify the COUNTY of its results within fifteen days of receipt of the notification. If, the performance of the identified individuals remains unsatisfactory, the COUNTY has the right to advise the PATHOLOGIST that said individual is no longer able toj perform autopsy services for top provide autopsy services at thel FAYETTE County Coroner. their respective fields through in-services and continuing education programs. the COUNTY. (J) The PATHOLOGIST and all of PATHOLOGIST'S employees, agents, representatives or approved subcontractors shall follow all policies and procedures regarding confidentiality enacted by the COUNTY and/or the CORONER. (K) Unless prior approval from PATHOLOGIST and/or CORONER, no cell phones shall be permitted in the autopsy room. (L) COUNTY and PATHOLOGIST each represent and warrant that each has full authority to enter into this Agreement and that, to the extent necessary, this Agreement has been approved by its Members, Managers, Officers and/or Board. (M) This Agreement shall be binding upon and shall inure to the benefit of the parties (N) This Agreement shall be construed in accordance with and governed by the laws of the Commonwealth of Pennsylvania and venue shall be in the Court of Common Pleas of hereto, and their respective legal representatives, transferees, successors and assigns. FAYETTE County. (0) During the term ofthis Agreement, COUNTY shall not bei responsible for or liable to the PATHOLOGIST, its successors or assigns, for any loss or damage caused by fire or any of the risks enumerated in a general or standard "General Commercial Liability Policy" or standard "All Risk" insurance policy, and in the event ofs such insured loss, PATHOLOGIST shall have no claims against COUNTY or its insurance company. (P) No waiver by the COUNTY of any breach of any covenant or condition herein contained shall operate as a waiver oft the covenant or condition itselfor of any subsequent breach thereof; nor shall any such waiver bei implied should a compromise between thej parties be effected after the COUNTY shalll have initiated any action ini regard thereto. (Q) Alln notices or demands upon the COUNTY OrPATHOLOGIST desired or required to be given under any oft the provisions hereof shall bei in writing. Any notices or demands from the COUNTY tot thel PATHOLOGIST shall be addressed tol PATHOLOGIST at: JENNIFER HAMMERS! PATHOLOGY,LLC 409 17th Street, P.O. Box: 5 Beaver Falls, Pennsylvania 15010 or at such other address as PATHOLOGIST may have furnished by written notice to COUNTY. When a notice, is given by a generally recognized overnight courier service, the notice, shall be deemed received on the next business day. When a copy ofar notice is sent by facsimile or email, thei notice shalll be deemed: received upon transmission: as long as (1) the original copy ofthe notice is promptly deposited in the U.S. mail and postmarked on the date of the facsimile or email, (2) the sender has a written confirmation of the facsimile transmission or email, and (3) the: facsimile or email is transmitted before 5 p.m. (recipient's time). In all other instances, notices shall be effective upon receipt by thei recipient. (R) The COUNTY and PATHOLOGIST each covenant and agree that thisi instrument embodies all the agreements between the parties hereto and no oral agreements or written correspondence shall be held to affect the provisions hereof. All subsequent changes and modification, to be valid, shall be by written instrument executed by the COUNTY and PATHOLOGIST. (S) This Agreement may be executed in duplicate, each of which is to be read and (T) During the term of this Agreement, PATHOLOGIST agrees to comply with all appliçable state and federal lawsprohibiting discrimination inl hiring or employment opportunities, regulations, procedures, and orders which protect the civil rights of employees, job applicants, and recipients ofservices. PATHOLOGIST expressly agrees to comply with7 TitleVIofthe Civil Rights Actof1964, as amended, and all other applicable Federal, State, and orl local laws, ordinances, rules and regulations and orders prohibiting discrimination in hiring or employment opportunities, the Americans With Disabilities Act of 1990 and with the provisions of the Commonwealth Nondiscrimination Clause attached hereto as Attachment "A." PATHOLOGIST shall not discriminate against any employee, applicant for employment, independent contractor or any other person because ofrace, color, religious creed, ancestry, national origin, age, sex or handicap. (U) During the term ofthis Agreement, the PATHOLOGIST agrees to comply with the provisions oft the Commonwealth Contractor Integrity Clause attached hereto as. Attachment "B." (V) The PATHOLOGIST certifies that it is not currently under suspension or (W) ThePATHOLOGIST, its agents and employees, shall treat all information obtained from the COUNTY or CORONER, which is not generally available to the public, as confidential and/or proprietary to the COUNTY or CORONER. The PATHOLOGIST shall exercise all reasonable precautions to prevent anyi information derived from such sources: from being disclosed considered as an original thereof. debarment by the Commonwealth of] Pennsylvania or federal government. to any other person. (X) Both parties agree to observe the confidentiality. rights ofany clients whoses samples are evaluated pursuant to the. Agreement apart from such disclosure as authorized by law. (Y) The COUNTY reserves the right to suspend, revise, or withhold funds in whole or inj part for reasons ofnon-complance with the terms oft this Agreement. (Z) All press releases or statements concerning a pending case for which the services ofthe pathologist have been obtained shall be made from the Office oft the Coroner and shall not bei made by the PATHOLOGIST unless specifically directed to do so by the CORONER. 21. Invalid Provision: If any provision of this Agreement is found to be invalid under any statute, ordinance, rule, regulation, decision of any court or administrative tribunal, or otherwise, theremaindero ofthis Agreement shall not be affected, and, toi this extent, thej provisions ofthis Agreement shall be deemed to be severable. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have caused this. Agreement tol be executed the day and year first above written. COUNTY OF FAYETTE BOARD OFCOMMISSIONERS E Vide-Chaimpan MlA #A WITNESS: By: Title: Name: Jennifer L. Hammers, D.O. M ATTACHMENT. A NONDISCRIMINATION CLAUSE During the term of this contract, PATHOLOGISI, hereinafter referred to as the CONTRACTOR, agrees as follows: 1) CONTRACTOR shall not discriminate against any employee, applicant for employment, independent contractor, or any other person because ofrace, color, religious creed, ancestry, national origin, age or sex. CONTRACTOR shall take affirmative action to insure that applicants are employed, and that employees or agents are treated during employment, without regard to their race, color, religious creed, ancestry, national origin, ageors sex. Such affirmative action shall include, but is not limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. CONTRACTOR shall post in conspicuous places, available to all employees, agents, applicants for employment andother persons, anoticetobeprovidedh byt thec contracting agencysetting forth thej provisions ofthis nondiscrimination clause, 2) CONTRACTOR shall in advertisements or requests for employment placed byi it or on its behalf state all qualified applicants will receive consideration for employment without regard to race, color, religious creed, ancestry, national origin, age or sex. 3) CONTRACTOR shall send each labor union or workers' representative with which it has ac collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative ofits commitment to this nondiscrimination clause. Similar notice shall bes sent to every other source ofi recruitment regularly utilized by CONTRACTOR. 4) It shall be no defense to a finding of noncompliance with the Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission or this nondiscrimination clause that CONTRACTOR had delegated some ofi its employment practices to any union, training program, or other source ofrecruitment which prevents it from meeting its obligations. However, if the evidence indicates that CONTRACTOR was not on notice of the third-party discrimination or made a good faith effort to correct it, such factor shall be considered in mitigation in determining appropriate sanctions. 5) Where thej practices ofa union or any training program or other source ofrecruitment will result in the exclusion of minority groupi persons, sO that CONTRACTOR will be unable to meet its obligations under the Contract Compliance! Regulationsi issued by thel Pennsylvania Human Relations Commission or this nondiscrimination clause, CONTRACTOR shall then employ and fill vacancies through other nondiscriminatory employment procedures. 6) CONTRACTOR shall comply with the Contract Compliance Regulations of the Pennsylvania Human Relations Commission, 161 Pa. Code Chapter 49 and with all state and federal laws prohibiting discrimination in hiring or employment opportunities. In the event of COMTRACTOAapine with then nondiscrimination clause ofthis contract, or with any: such laws, this contract may, after hearing and adjudication, be terminated or suspended, in whole or in part, and CONTRACTOR may be declared temporarily ineligible for further County or Commonwealth contracts, and such other sanctions may be imposed and remedies invoked as provided by the Contract Compliance Regulations. 7) CONTRACTOR shall fumish all necessary employment documents and records to, and permit access to its books, records and accounts by, the contracting agency, the Office of Administration, Bureau of Affirmative Action, and the Human Relations Commission for purposes ofinvestigation tos ascertain compliance withi thej provisions ofthe Contract Compliancel Regulations, pursuant to 16Pa. Code $49.35 (relating to information concerning compliance by contractors). If CONTRACTOR does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the contracting agency, thel Bureau of Affirmative. Action or the Commission. substantial minority representation among their employees. 8) CONTRACTOR shall actively recruit minority subcontractors or subcontractors with 9) CONTRACTOR shall include the provisions of this nondiscrimination clause in every 10) Thet terms used ini this nondiscrimination clause shall have the same meaning as ini the Contract Compliance Regulations issued by thel Pennsylvania Human Relations Commission, 16Pa. subcontract, so1 that such provisions willl be binding upon each subcontractor. Code Chapter 49. 11) CONTRACTOR's obligations under this clause are limited to CONTRACTOR'S facilities within Pennsylvania, or where the contract is for purchase of goods manufactured outside of Pennsylvania, the facilities at which such goods are actually produced. Source: 161 Pa.Code$49.101 ATTACHMENT B CONTRACTOR INTEGRITY A. Definitions: 1) "Confidential information" means information that is not public knowledge, or available to the public on request, disclosure of which would give an unfair, unethical, or illegal advantage to another desiring to contract with the Commonwealth ofPennsylvania or the County OfFAYETTE. 2) "Consent" means written permission signed by a duly authorized officer or employee of the Commonwealth or the County, provided that where the material facts have been disclosed, in writing, byp prequalification, bid, proposal, or contractual terms, the County shall be deemed to have consented by virtue of execution of this agreement. 3) "Contractor" means thei individual or entity that has entered into this agreement with the County, including directors,officers, partners, managers, key employees, and owners ofmore than a 5% interest. 4) "Financial Interest" means: a) Ownership ofmore than 5% interest in any business; or the! like, or holding any position ofmanagement. b) Holding aj position as an officer, director, trustee, partner, employee, or 5) "Gratuity". means any payment ofmoret than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits ofmoney, services, employment, or contracts ofa any kind. B. The Contractor shall maintain thel highest standards ofintegrity ini thej performance ofthis agreement and shall take no action in violation ofState orl Federal laws, regulations, or other requirements that govern contracting with the Commonwealth of] Pennsylvania and/or the County. C. The Contractor shall not disclose to others any confidential information gained by D. The Contractor shall not, in connection with this or any other agreement with the County or the Commonwealth ofPennsylvania, directly ori indirectly, offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for the decision, opinion, recommendation, vote, other exercise ofdiscretion, or violation ofaknown! legal duty by any officer or employee oft the County or the Commonwealth ofPennsylvania. virtue oft this agreement. E. The Contractor, shall not, in connection with this or any other agreement with the County or the Commonwealth, directly or indirectly, ofer, give, or agree or promise to give to anyone any gratuity for the benefit of or at the direction or request of any officer or employee ofthe County or the Commonwealth. F. Except with the consent of the County and the Commonwealth, neither the Contractor: nor anyone inj privity with the Contractor shall accept or agree to accept from, or give or agree to give to, any person, any gratuity from any person in connection with the performance ofwork under this agreement except as provided therein. G. Except with the consent of the County and the Commonwealth, the Contractor shall not have a financial interest in any other contractor, subcontractor, or supplier providing services, labor, ori material ont this project. H. The Contractor, upon being informed that any violation of these provisions has I.The Contractor, by execution of this agreement and by the submission ofany bills ori invoices for payment pursuant thereto, certifies and represents that the Contractor has not occurred or may occur, shall immediately: notify the County in writing. violated any ofthese provisions. J. The Contractor shall, upon request of the Office of State Inspector General or County Controller, reasonably and promptly make available to that office and its representatives, for inspection and copying, all business and financial records of the Contractor of, concerning, and referring to this agreement with the County or which are otherwise relevant to the enforcement ofthese provisions. K. For violation of any of the above provisions, the County (or Commonwealth, if applicable)may terminate this and any other agreement with the Contractor, claim liquidated damages in an amount equal to the value of anything received in breach oft these provisions, claim damages for all expenses incurred in obtaining another contractor to complete performance hereunder, and debar and suspend the Contractor from doing business with the County or Commonwealth. These rights and remedies are cumulative, and thei use or nonuse of any one shall not preclude the use of all or any other. These rights and remedies are in addition to those the Commonwealth or the County may have under the law, statute, regulation, or otherwise. Page 1 of5 INTER-GOVERNMENTAL AGREEMENT Fayette County Booking Center This agreement made this day of 20 by and between the City ofUniontown Police Department Fayette County Pennsylvania., hereafter known as City, and Fayette County, Pennsylvania, hereafter known as County, for the purpose of detailing the annual fee and cost sharing arrangements for operating, maintaining, and using the Fayette County Booking Center (FCBC), hereafter known as Center. WITNESSETH: WHEREAS, City has procured, setup and maintains the Center within its Police WHEREAS, City cooperatively allows other law enforcement agencies to utilize WHEREAS, the health, safety and welfare oft the residents of the County of Fayette, and the public at large is benefited by the assured continued operation of the Center and the contractual cooperation oft the City ofUniontown to permit other agencies Department located at 45 Penn Street Uniontown Pennsylvania; and the Center; and to utilize the Center; and WHEREAS, City and County desire to enter into this Agreement to set forth and clarify each oft their respective responsibilities related to the operation, maintenance and : use oft the Center; and WHEREAS, City and County are authorized to enter into this Agreement pursuant to the powers ofintergovermental cooperation authorized by Article IX, Section 5 ofthe Pennsylvania Constitution, 53 Pa C.S.A. Section 2303 and 42 Pa. C.S. $8953, by resolution. NOW, THEREFORE, the parties, for the consideration and mutual promises described herein, receipt of which is hereby acknowledge and deemed adequate and sufficient, and intending to bel legally bound hereby, do hereby covenant and agree as follows: 1. The above stated recitals are incorporated herein by reference as set forth in 2. Ine exchange oft timely payments of all fees and the satisfaction of all obligations contained herein, City shall continue to maintain and operate the Center which shall provide for a centralized location for all Law Enforcement Officers to book criminal defendants by accessing and utilizing full. Page 3 of5 adjustment for wage and benefit increases for the officers ofthe City in accordance with any applicable collective bargaining agreement or other policy. B. The County will be responsible for paying and/or reimbursing the City annually for the following items necessary for the operation oft the Center upon submission of any invoice from the City: (i) $6,000.00 for materials and supplies; (ii) $2,252.00: for software license; (iri) $1,313.00: for leased photocopy machine; (v)$9,152.00 for Livescan machine contract services and maintenance; and (v): $2,750.00 for telephone service, which amounts shall be subject to adjustment for cost increases for such items to the City. C.A All fees assessed for civil and criminal processing (Processing Fees), any monies collected by the Center for civil and criminal processing will bej payable to the County. Any fees collected by other Law Enforcement agencies (e.g., Juvenile Probation, Adult Probation, etc.): for processing will be remitted to the County. D. The County shall be responsible for all prisoner transports for persons committed to the Fayette County Prison. The County shall transport all prisoners from the Center to the Fayette County Prison. The Uniontown City Police Department may transport prisoners from the Center to the Fayette County Prison with a mutual agreement between the Warden oft the Fayette County Prison, ChiefofPolice, and the (LEL), which agreement shall include reimbursement to the City for additional wages and benefits and actual incurred expenses in aj manner similar to subsection E. In addition to the foregoing, upon mutual agreement of the parties, fees may bei increased or added to address any further increased cost or expense of the City associated with the Center. The City shall provide a summary ofs such increased cost or expense to the VA (A), above. parties upon request. 4. The City shall ensure that all personnel that will be utilizing the equipment are trained and proficient in the use ofthe equipment. Personnel that have not received the requisite training shall be prohibited from using the equipment. Page 4 of5 Additionally, the City agrees that all policies and procedures relating to the care, completion of forms and paperwork relating toi the Center as established by the City through the Law! Enforcement Liaison (LEL) shall be adhered to by Center In exchange for timely payment of all fees and reimbursements and the satisfaction of all obligations contained herein, the County shall be permitted to utilize the Center for the twelve-month period beginning February 1,2024, and ending on January 31,2 2025. This Agreement shall automatically renew for subsequent, consecutive twelve-month periods unless either party issues ai notice ofi intent to terminate at least 180 days prior to the last date ofs such then-current custody and treatment of criminal information, PAE history handling of firearms, and personnel. 5. twelve-month period. 6. This Agreement shall supersede the prior inter-governmental agreement between the parties relating to the aforesaid Fayette County Booking Center, the terms and obligations of which prior inter-govermmental agreement, except the payment of any outstanding amounts or balance owed to the City by the County, shall terminate on. January 31, 2024. IN WITNESS WHEROF, the parties hereto have set their hands and seals the day and year above mentioned. City ofUniontown Mayor Gerke City ofUniontown Police Dept. Attest: By: Attest: By: Chief DeWitt Fayette County Commissioners Attest: By: By: By: Commissioner Dunn Commissioner Lohr Commissioner Vicities Page 5of5 Explanation of Cost Materials (paper, Fingerprint cards, Etc) Computer Software Photocopy/Fax Machine Live scan Machine with maintenance agreement Booking Center Phone Lines $6,000 $2,252 $1,313 $9,152 $2,750 $21,467 TOTAL Title Law enforcement hours at $38 per hr Law enforcement hours at $20 per hr Law Enforcement Liaison at $53 per hr Hours per week Total per Year Financial Value $158,080 $91,520 $22,048 801 hrs 88 hrs 81 hrs 4,1601 hrs 4,576 hrs 4161 hrs TOTAL $271,648 Staffing ($271,648) + Operational Cost ($21,467) : = $293,115 RESOLUTION OF THE BOARD OF COMMISSIONERS OF FAYETTE COUNTY, PENNSYLVANIA AUTHORIZING ELECTED OFFICIAL. APPROVAL RESOLUTION RELATING: TO SECTION 147(f) OF THEI INTERNAL REVENUE CODE OF 1986, AS. AMENDED, APPROVING Al PROJECT: FINANCING BY THE WASHINGTON COUNTY. INDUSTRIAL DEVELOPMENT AUTHORITY FOR CHESTNUT RIDGE COUNSELING SERVICES, INC. AND THE ISSUANCE BY THE. AUTHORITY OF ITS REVENUE: NOTE FOR SUCH PROJECTI IN THE PRINCIPAL AMOUNT OF $4,500,000 WHEREAS, the Washington County Industrial Development Authority (the "Authority") exists under thel Pennsylvania Industrial and Commercial Development Authority Law of1967, approved August 23, 1967, P.L. 251, as amended, and now known as the Economic Development Financing Law, approved December 17, 1993, P.L. 490, as amended (the "Act"); and WHEREAS, on November 16, 2023, the Authority authorized aj project financing for Chestnut Ridge Counseling Services, Inc. (the "Borrower") consisting of: (1) the acquisition of an improved property at 690 Morgantown Road, Uniontown, Pennsylvania 15401 and the renovation oft the building thereon for use as the Borrower's corporate headquarters and for its operations and programs; and (2) the payment ofc certain oft the costs and expenses ofissuance of the Note and transaction costs (the "Project"); and WHEREAS, the Project will be financed by the. Authority by the: issuance ofits Revenue WHEREAS, thel Project, located at 690 Morgantown Road, Uniontown, Pennsylvania WHEREAS, Section 147(f) of the Internal Revenue Code of1986, as amended (the "Code"), requires that an issue of private activity bonds, such as the Note, be approved by the applicable elected representative oft the governmental unit in which thel Project being financed is located, after aj public hearing following reasonable public notice; and WHEREAS, a duly advertised public hearing in accordance with such Section 147(f) of the Code was held on December 8, 2023 at 11:00 a.m. and minutes ofs such public hearing reflecting the substance oft the comments received, if any, havel been made availablei in Note in the principal amount of$4,500,000 (the "Note"); and 15401 will be owned by the Borrower; and connection with this approval; and WHEREAS, the Authority requests the approval oft the Board of Commissioners as the elected officials oft the governmental unit having. jurisdiction in which the Project being financed is located in accordance with such Section 147(f) ofthe Code; and WHEREAS, neither the faith or credit oft the. Authority nor the faith, credit, or taxing power of the County of] Fayette are pledged to support payment ofthe Note. CLARKAILD9694138816274600V-1424 NOW,THEREFORE, BEI ITI RESOLVED THAT: The County, in satisfaction of the public approval requirements ofthe Code, hereby approves the issuance of the Note by the. Authority for the Project and authorizes the Chairman ofthe Board of Commissioners to execute and deliver an approval ofthe applicable elected representative evidencing the same pursuant to Section 147(f) of the Code. Adopted by the majority of a quorum oft the Board of Commissioners oft the County of Fayette on this 18th day of. January, 2024. FAYETTE COUNTY BOARD OF COMMISSIONERS ATTEST: By: ChiefClerk Dave Lohr, Chairman By: Vincent A. Vicites, First Vice Chairman APPROVED ASTOFORM AND LEGALITY: By: Scott Dunn, Second Vice Chairman Fayette County Solicitor #2335070.v1 CLARZIHLI6948388162746290041.1424 RESOLUTION OF THE BOARD OF COMMISSIONERS OF FAYETTE COUNTY, PENNSYLVANIA AUTHORIZING ELECTED OFFICIALAPPROVAL RESOLUTION RELATING TO SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, APPROVING Al PROJECT FINANCING BY THE WASHINGTON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY FOR GEROME MANUFCTURING COMPANY AND THE ISSUANCE BY THE. AUTHORITY OF ITS INDUSTRIALDEVELOPMENT REVENUE NOTE FOR SUCH PROJECTIN THE WHEREAS, the Washington County Industrial Development Authority (the Authority") exists under the Pennsylvania Industrial and Commercial Development Authority Law of1967, approved August 23, 1967,P.L. 251, as amended, and: nowl known as the Economic Development Financing Law, approved December 17, 1993, P.L. 490, as amended (the "Act"); PRINCIPAL AMOUNT OF $1,400,000 and WHEREAS, on November 16, 2023, the. Authority authorized aj project financing for Gerome Manufacturing Company (the "Borrower") consisting of financing of all or a portion of the costs of(i) the acquisition by Gerome ofa 33 ton' Turret Punch Press with a 3KW Laser Cutting System and an ASR-3015-NTK Unload System with a Part Separation System manufactured by Amada (the Equipment") and related building improvements to accommodate the Equipment, and (ii) engineering and other professional services, soft costs, and thej payment oftransaction and issuance costs (all ofthe foregoing being referred to as the "Project"); and Development Revenue Notei ini the principal amount of$1,400,000 (the "Note"); and WHEREAS, the Project will be financed by the Authority by the issuance ofi its Industrial WHEREAS, the Project, located at 80 Laurel View Drive, Smithfield, Pennsylvania WHEREAS, Section 147(f) oft the Internal Revenue Code of 1986, as amended (the "Code"), requires that an issue of private activity bonds, such as the Note, be approved by the applicable elected representative ofthe governmental unit in which thel Project being financed is located, after aj public hearing following reasonable public notice; and 15478 and will be owned by thel Borrower; and WHEREAS, a duly advertised public hearing in accordance with such Section 147(f) of the Code was held on December 8, 2023 at 10:30 a.m. and minutes ofs such public hearing reflecting the substance oft the comments received, ifany, have been made available in connection with this approval; and WHEREAS, the Authority requests the approval oft the Board of Commissioners as the elected officials of the governmental unit in which the Project being financed is located in accordance with such Section 147(f) oft the Code; and WHEREAS, neither the faith or credit oft the. Authority nor the faith, credit, or taxing power of the County of] Fayette are pledged to support payment oft thel Note. NOW,THEREFORE, BE ITI RESOLVED THAT: The County, in satisfaction oft the public approval requirements of the Code, hereby approves the issuance oft the Note by the Authority for the Project and authorizes the Chairman ofthe Board ofCommissioners to execute and deliver an approval oft the applicable elected representative evidencing the same pursuant to Section 147(f) of the Code. Adopted by the majority of a quorum of the Board ofCommissioners ofthe County of Fayette on this 18th day of. January, 2024. FAYETTE COUNTY BOARD OF COMMISSIONERS ATTEST: By: Chief Clerk Dave Lohr, Chairman By: Vincent A. Vicites, First Vice Chairman APPROVED ASTO FORM AND LEGALITY: By: Scott Dunn, Second Vice Chairman Fayette County Solicitor #2335070.v1