PENN HILLS COUNCIL March 20, 2023 7:00PM 1. 2. 3. Pledge of Allegiance Roll Call Approval of Minutes February 20, 2023 4. Ratification of Expenditures Approval of Warrants = Journal Vouchers CD Requisitions Checks 1 12 54781-55042 Total $ 33,550.00 $ 23,847.90 $2,767,012.47 $2,824.410.37 5. PUBLIC COMMENT ON NON-AGENDA ITEMS a) Flecia Harvey 6. APPOINTMENTS AND APPROVALS for a term ending December 31, 2024 a) Approve appointment of Shawn Kerestus to Penn Hills Planning Commission 7. RESOLUTIONS a) Resolution 2023-6, Awarding the 2023 CCTV Inspection Contracts A and B to JET Services Inc. in the total amount of $174,998.00 for Contract A and $188,840.00 for Contract B b) Resolution 2023-7, Awarding a Three-Year Contract to ADS Environmental Services for the maintenance, monitoring, and submittal of report data for a total c) Resolution 2023-8, Identifying the Existence of Unsafe Blighted Structures and demolishing Blighted and Unsafe Structures 8931-8933, 8933 % Eastwood Road d) Resolution 2023-9, Authorizing the submittal of a Community Conservation Partnerships Program Grant Application to the Pennsylvania Department of cost of$143,784.00 3/13/2023 Conservation and Natural Resources for oft the VOPP Trail Segment 2 Milltown e) Resolution 2023-10, Authorizing the Municipality of Penn Hills to enter into a Lease Agreement with the Municipality of Penn Hills, as Lessor, and the Penn Hills Baseball Association, as Lessee for Concession Stand #1 located in Turner- f) Resolution 2023-11, Authorizing the Municipality of Penn Hills to enter into a Lease Agreement with the Municipality of Penn Hills, as Lessor, and the Penn Hills Girls' Softball Association, as Lessee for Concession Stand located at Penn g) Resolution 2023-12, Authorizing the Municipality of Penn Hills to enter into a Lease Agreement with the Municipality of Penn Hills, as Lessor, and the Penn Hills Midget Football Association, as Lessee for Concession Stand #2 Located in Construction Friendship Park Hills Park Turner-Friendship Park 8. COUNCIL COMMENTS 9. ADJOURNMENT 3/13/2023 MASTER EXPENDITURE SUMMARY DATED MARCH 20, 2023 NUMBERS 1 12 AMOUNT $33,550.00 $23,847.90 JOURNAL VOUCHERS CD REQUISITIONS CHECKS 54781-55042 $2,767,012.47 01 GENERALFUND 04 HUD 7 STORM SEWER 08 SEWER USAGE 18 CAPITAL IMPROVEMENTS FUND 20 AMERICAN FEDERAL RESCUER PLANFUND 19 MUNICIPAL GOVT CENTER BLDG FUND 35 LIQUID FUELS 58 SENIOR CENTER MEALS-PI 67 FEDERAL EQUITYSHARING 90 PAYROLL $1,612,310.30 $50,447.50 $0.00 $147,397.88 $212,311.68 $258,073.71 $0.00 $53,074.99 $28.34 $0.00 $433,368.07 $2,824,410.37 GRAND TOTAL EXPENDITURES shulinyg 3lola3 Finance Director March 10, 2023 'Sheree PREPARED YEARTO-DATEPAYROLL $2,695,640.69 MARCH 20, 2023, CD REQUISITIONLIST REQ# ACCOUNT# VENDORNAME DESCRIPTION AMOUNT $ 475.00 300656 04-462-00-642146 Huckestein Mechanical Services MPC Heating upgrades 300682 04-462-00-596046 Bulldog Plumbing, LLC 300687 04-462-00-596047 Bulldog Plumbing, LLC 300800 04-462-00-692047 Target Office Products 300801 04-462-00-692047 Pittsburgh Post Gazette 300803 04-462-00-6920CV Pittsburgh Post Gazette 300804 04-462-00-641947 Pittsburgh Post Gazette 300805 04-462-00-6920CV Pittsburgh Post Gazette 300826 04-462-00-596047 Bruce Dice & Associates 300863 04-462-00-596048 SEC Richard Steinmetz Single Family Rehab Sanitary Sewer Repail $ 7,450.00 Single Family Rehab Asbestos Abatement $ 2,540.00 300719 04-462-00-641946 Huckestein Mechanical Services Senior Service Center HVAC Improvement: $ 6,500.00 Plotter Ink Cartriges $ 990.00 209.25 173.60 145.70 196.85 HUD AAP Notice of First Public Hearing $ MPC Ventilation Improvements Advert. $ Senior Service Center Sidewalks HUD FY2019 CDBGCV Budget amendmen $ Single Family Rehab Liens/Satisfactions $ 1,667.50 Single Family Rehab Program Asbestos $ 2,540.00 $ 300864 04-462-00-642146 Huckestein Vechanical Services MPC Electrical Upgrades $ 960.00 Total 23,847.90 a E 3 DE E 3 5 E 3 e U 9 E E E e e de de U 9 e e U 8 - 3 5 3 23 e de 9 DE 3 U U a 3 E 9 E e 9 E E1 a B B 3 B e e de e e 9 E E U U e < 3 E 1 a a 3 3 3 3 3 8 DE U U e de de e e 9 e a 4 E E E U 3 I U U U E E E J U DU E : - P : 3 9 9 3 3 3 E DE E De E 9 Da U E 9 E U 9 E N N E E 3 3 U E e DE 9 E a U E E E E U E E 9 - 3 - 3 U U 3 U U a 1 858 De E 6 B 6 3 E E 9 6 P 6 U De E e a 3 e DE DE E 3 De 9 E E E E 3 U E 3 U 9 E U U U U U E 5 A U - E - 3 E a U e E 9 de E E J 3 e E 3 9 E 9 E U U 9 8 9 U 9 U U U t de D N 2 N N N N N 2 2 U e U E E E U E E E 9 9 E N E a U De E 9 9 B U De A E U 3 E U E E 9 e U U U DU E E 6 De U 5 U e e 9 3 3 U U e e E E E E 9 U de DE 3 E e DU B U D0 U 3 E E 9 U E E U U E E E 5 9 U U U E U U 3 9 E U E U 3 E DE E E e U E. de U U 6 E 8 B de 18 3 E a A e e 3 E DE E E 9 E DE 9 E E N 2 2N 3 2 2 E : EEE a 3 U E e U U DE e e DE LE E E e 0 e U a 5 3 R U E E U U e E E E 9 N E E R 0 B E e E DE U J E 9 9 3 3 3 3 U - DU 6 e E DE E E 6 E E e e e E 3 3 U 3 U E 5 E E U E 3 E E B 9 E E 9 E à E E - 3 3 U 3 3 E e e E e e DE DU E 9 E U DE U t 3 N < E E 3 3 : 6 E E e d0 d0 e De e D0 e e e 9 DU D0 e e DU 3 U DE LE a 3 3 U E DE S 9 t E 9 U U U DU 3 a E E U e e - e e 9 E e E E U e a 1 3 3 e 5 E E 9 E U 2 N N N E 2 E 9 U U U e U E E 6 E e U e E U e E E - 3 0 6 < A 8 De e U U 3 9 U E 3 U 9 - 6 E E E - U a E E E PENN HILLS COUNCIL February 20, 2023 7:00PM 1. 2. Pledge of Allegiance Presentations The mayor led the Pledge of Allegiance. Kate Vander Wiede, Allegheny County Department of Human Services; gave a presentation on the Alternative 911 Emergency Response. 3. Roll Call Roll was called. Mayor Calabrese, Deputy Mayor Pecora, Councilor Fascio and Councilman Brodnicki were present. Councilwoman Sapp was not in attendance. The mayor called for a motion for the approval of the. January 23, 2023 minutes. Councilman Brodnicki made the motion. Deputy Mayor Pecora seconded the motion. Roll was called. The minutes were approved unanimously. 4. Approval of Minutes 5. Ratification of Expenditures The mayor called for a motion for the approval of the expenditures. Councilor Fascio made the motion. Councilman Brodnicki seconded the motion. The mayor called for public comment. Greg Swatchick, Gramac Lane questioned the donations that were given. The manager explained the process. The mayor called for council comment. The mayor explained how the process works and the time it takes to complete different approvals and projects. Roll was called. The expenditures were approved unanimously. Approval of Warrants - Journal Vouchers CD Requisitions Checks $ $ 0.00 22,525.25 $ 3,090,942.18 $ 3,113,467.43 Total 6. RESOLUTIONS a) The mayor called for a motion to Approve Resolution 2023-2, Approving Awarding the Gascola Stream Restoration Project to Ecological Restoration, Inc. in the Total Amount of $164,999. Councilman Brodnicki made the motion to approve Resolution 2023-2. Deputy Mayor Pecora seconded the motion. The mayor called for public comment. The mayor called for council comment. The mayor requested a brief explanation regarding the project. Richard Minsterman gave a more detailed explanation. Roll was called. Resolution 2023-2 was approved unanimously. b) The mayor called for a motion to Approve Resolution 2023-3.Approvinga Sewer Tap-In at 407 Bon Air Road. Councilor Fascio made the motion to approve Resolution 2023-3. Councilman Brodnicki seconded the motion. The mayor called for public comment. The mayor called for council comment. Roll c) The mayor called for a motion to Approve Resolution 2023-4,A Approving Tentative Agreement with Utility Workers of America Local 602 for 2023-2025. Councilman Brodnicki made the motion to approve Resolution 2023-4. Deputy Mayor Pecora seconded the motion. The mayor called for public comment. The mayor called for council comment. The mayor voiced her appreciation to the administration and staff for what was done to get the agreements and contracts completed. Roll was called. Resolution 2023-4 was approved unanimously. d) The mayor called for a motion to Approve Resolution 2023-5, Ratifying Grant Agreement Between Allegheny County and Municipality of Penn Hills for Purchase/Replacement of Body Worn Cameras. Councilor Fascio made the motion to approve Resolution 2023-5. Councilman Brodnicki seconded the motion. The mayor called for public comment. The mayor called for council comment. The mayor requested al brief explanation from the manager. The Manager Scott Andrejchak gave a more detailed explanation. The mayor voiced her excitement about all the departments we have in Penn Hills and the funding that is put towards public safety. Roll was called. Resolution 2023-5 was was called. Resolution 2023-3 was approved unanimously. approved unanimously. 7. COUNCIL COMMENTS 8. ADJOURNMENT The meeting was adjourned at 7:40 PM. Fora complete video of the meeting and council comments, please visit the Municipality's YouTube Channel. Andrejchak, Scott From: Sent: To: Subject: Flecia Harvey Saturday, March 4, 2023 5:56 PM Andrejchak, Scott March meeting Goodmorning Mr. Andrejchak My Name is Flecia Harvey, Ia am requesting to speak at the council meeting 3/20/23. Iwould like to speak about my personal situation in the Penn Hills district and issues that I am having still after 3 years. Thank you for your time and consideration FleciaHarvey Municipality of Penn Hills 102 Duff Road, Penn Hills, PA 15235 412-342-1086 www.pennhils.org 2/28/2023 Shawn Kerestus 413 Crescent Garden Drive Penn Hills, PA1 15235 Dear Shawn Kerestus: Iam pleased to report that the Mayor has appointed you to the Penn Hills Planning Commission, for a term ending on December 31, 2024. Consistent with the Home Rule Charter, your appointment must also be ratified by the Council. The next Council voting meeting is on Monday, March 20, 2023 at' 7PM, and your appointment ratification will appear on that agenda. Congratulations on your appointment. Regards, SoM Scott. Andrejchak Municipal Manager Cc: Penn Hills Mayor and Council Penn Hills Planning Commission Members Chris Blackwell, Planning Director Meg Balsamico, Principal Planner MUNICIPALITY OF PENN: HILLS Resolution No. 2023-6 AI RESOLUTION OF THE MUNICIPALITY OF PENN HILLS, COUNTY OF ALLEGHENY, COMMONWEALTH OF PENNSYLVANIA, AWARDING THE 2023 CCIVINSPECTION CONTRACTS. A and B TO JET SERVICES INC. IN' THE TOTAL AMOUNT OF $174,998.00 FOR CONTRACT A, AND $188,840.00 FOR CONTRACTI B. WHEREAS, the Municipality of] Penn Hills received proposals for the Penn Hills 2023 WHEREAS, the! lowest responsible bidder for each of the two projects is. Jet Services CCTV Inspection Contracts A and B onl February 28, 2023; and, Inc. 306 Red Oak Court Mars, PA 16046. NOW,THEREFORE, BEI ITI RESOLVED BY THE MUNICIPALITY OF PENN HILLS, 1. The Municipality ofF Penn Hills awards contracts A and Bi to. Jet Services Inc. for the Penn IN A MEETING DULY CONVENED THE FOLLOWING: Hills CCTV Inspection Contracts as follows: a. Contract A in the amount of $174,998.00 b. Contract B in the amount of$188,840.00 Based on the proposals submitted on February 28, 2023. 2. Authorizing the proper. Municipal Official to release payment as periodically submitted and THIS RESOLUTION APPROVED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE MUNICIPALITY OF PENN HILLS ON THIS TWENTIETH DAY OF MARCH 2023. approved by the Project Coordinator. By: Pauline Calabrese Mayor ATTEST: Date Scott. Andrejchak Municipal Manager Date INTEROFFICE MEMORANDUM To: Scott Andrejchak, Municipal Manager Chuck Kotvas, WPCD Collections Supervisor From: Jennifer Sarver, WPCD Distap Date: March 6, 2023 Subject: 2023 CCTV Inspection Contracts The WPCD has reviewed the bid tabulations for the 2023 CCTV Inspection Contracts and recommends awarding Contract A to. Jet Services Inc. with al low bid of $174,998.00; and Contract B to. Jet Services Inc. with a low bid of $188,840.00. Contract. A: This project consists of light cleaning and closed-circuit televising (CCTV) inspection of approximately 78,200L.F. of8"-30+", sanitary sewers, including heavy cleaning as needed and traffic control, etc., complete in place. All work will be conducted within the Municipality of Penn Hills. This contract is part of the on-going WPCD Contract B: This project consists of light cleaning and closed-circuit televising (CCTV) inspection of approximately 77,8001 L.F of8"-30+" sanitary sewers, including heavy cleaning as needed and traffic control, etc. complete inj place. All work will be conducted within the Municipality of Penn Hills. This contract is part oft the on-going WPCD Operation & Maintenance (0&M) Program. Operation & Maintenance (0&M) Program. Gateway Engineers also recommends this award in their attached letter. Funding for these contracts has been budgeted in account #1842918-6519, 0&M Plan Compliance /Consent Decree. GATEWAY ENGINEERS FULL-SERVICE CIVIL ENGINEERING FIRM THE GATEWAYI ENGINEERS, INC. 100MCMORRISROAD PITSBURGHPA15205 412921-4030PHONE 412-921-9960FAX atayingmes.con March 3, 2023 C-68041-2303 Municipality of Penn Hills 102 Duff Road Pittsburgh, PA 15235 Attn: Jennifer Sarver, Director Water Pollution Control Re: Penn Hills 2023 CCTV: Inspection Contracts A and B Bid Recommendations Dear. Jennifer: As you are aware, bids were received and opened February 28, 2023, for thel Penn Hills 2023 CCTV: Inspection Contracts. Six (6) bids were received for Contract A and Four (4) bids for Contract B were submitted via PennBid for the opening. Based on the bid tabulation prepared by PennBid and provided by Penn Hills Staff for the Penn Hills 2023CCIVInspections Contracts, Gatewayl has verified that thel low bid for Contract. Ai from Jet Services Inc., in the amount of $174,998.00, and the low bid from Jet Services Inc., in the amount of Enclosed for your reference is thel Bid' Tabulation prepared by thel Penn Hills Purchasing Department detailing the unit prices for all thel bids. Based on this tabulation, Gateway recommends that Council award the 2023 CCTV Inspections Contracts A & B to. Jet Services Inc., in the amounts of $174,998.00 for Contract A $188,840.00 for Contract B were responsive to the bid request. and $188,840.00 for Contract B. Ifyoul havé any questions, please contact me at 412-409-2310. P.E. Municipal Engineer Enclosure E5 cc: Scott Andrejchak, Municipal Manager G:Projects.68000: Penn! Hilis168041 Consent Order Assessment.2023 O&M WPCDI-2303 CCIV/Specifications- 202313-3-23. PH: 20220 CCTVBid Recommendation Letter.docx * , B 5 l dB 8 Sarver, Jennifer From: Sent: To: Cc: Subject: Attachments: Christa D. Klingensmith ingensminegatewayengineeis.com> Andrejchak, Scott; Richard D. Minsterman, P.E. 2023 CCTV Inspections Contracts A&B- Bid Recommendation 3-3-23 PH: 2022 CCTV Bid Recommendation Letter.pdf Friday, March 3, 20232:39PM Sarver, Jennifer Good AfternoonJennifer, Please see the attached pdf fort the above referenced recommendation letter. Hard copies will also! be mailed. Thanks, Christa D. Klingensmith Christa D. Klingensmith Project Assistant, Safety Tier2 2 E: Aingensmtn@gatewayengneers.com 100 McMorris Rd, Pittsburgh PA 15205 P: (412)857-2506 F: (412)921-9960 The Gateway Engineers, Inc. On Call. On Time, On Target. gaewayergnescon NOTICE = This communication may contain confidential and privileged informationt thati isf fort thes sole use oft thei intended recipient. Any viewing. copying ord distribution of. or reliance ont this message by unintended recipients is strictly prohibited. lfyour have receivedt thisn message in error, please notify us immediately! by replyingt tot ther message andp permanentiy deletingi itf fromy your computer. Thank) you. 1 NOTICE TOBIDDERS MUNICIPALITY OFE PENNHILLS ALLEGHENY COUNIV,PENASYLVANA Sealed proposals will be received by the Municipality of Penn Hills, through PennBid until 10:30 a.m. on February 28,2023 fort thei following project: PENNI HILLS: 2023C CCTVINSPECTION CONTRACTS Contract. A This project consists of light cleaning and closed-circuit televising (CCTV) inspection ofa approximately 78,200 L.F. of 8" - 30+" sanitary sewers, including heavy cleaning as needed and traffic control, etc., complete in This project consists of light cleaning and closed-circuit televising (CCTV) inspection ofa approximately 77,800 L.F. of8" - 30+" sanitary sewers, including heavy cleaning as needed and traffic control, etc., complete in Contracts A and B are separate and independent. Bidders may bid on both or one oft the Contracts. Alli information, full notice to bidders and other documents related to this solicitation are available at no There will be a Penn Hills 2023 CCTV Inspection Contracts MANDATORY pre-bid meeting on February 8, 2023, at 10:30 AM. at the Municipality of Penn Hills, 102 Duff Road, Penn Hills, PA 15235. Contractors who intend tol bid any of the individual Contracts MUST attend the pre-bid meeting to be All proposals must be submitted electronically via PennBid (www.PennBid.net, before 10:30 AM prevailing time on Tuesday, February 28, 2023. At that time, bids will be opened with results displayed publicly on place. All work willl be conducted within the Municipality ofPenn Hills. Contract B place. All work willl be conducted within the Municipality of! Penn Hills. cost on thel Pennbid site (wy.PemnBid.nel. eligible tol bid the contract. PennBid. Dates of Publication January 26, 2023 February 2,2023 BY: Jennifer Sarver Director, WPCD Notice to Bidders Copyright02 2023The Gateway Engineers, Inc. Allr rightsr reserved. 00100-1 No. Term, Proof of Publication ofl Notice in Pittsburgh Post-Gazette Under Act No 587,Approved May 16, 1929,PL1784, as last amended by Actl No 409 ofs September 29, 1951 Pittsburgh Post-Gazette, a newspaper ofg general circulation published int the City ofF Pittsburgh, County and Commonwealth aforesaid, was established in 1993 by the merging of the Pittsburgh Post-Gazette and Sun-Telegraph and' The Pittsburgh Press and the Pittsburgh Post- Gazette and Sun-Telegraph was established in 1960 and the Pittsburgh Post-Gazette was established in 1927 by the been regularly issued in said County and that a copy of said printed notice or publication is attached hereto exactly as the same was Commonwealth of Pennsylvania, County of Allegheny, SS D.Rullo being duly sworn, deposes and says that the of the merging Gazette establjshed printed and published in the 26 ofJanuary, 2023 02 ofFebruary, 2023 Pittsburgh in 1786 and thel Pittsburgh Post, established in 1842, since which date thes said) Pittsburgh Post-Gazette has regular editions and issues of the said Pittsburgh Post-Gazette a newspaper ofg general circulation on the following dates, viz: Affiant further deposes that! he/shei is ant agent for the. PGI Publishing Company, ac corporation and publisher oft the Pittsburgh Post-Gazette, that, as such agent, affianti is duly authorized to verify the foregoing statement under oath, that affiant is not interested int the subject matter of the afore said notice or publication, andt that all allegations in thei foregoing statement as to time, place and character of publication are true. COPY OFI NOTICE NOTICETOBIDDERS MINTPNIYOFTNHAUS ALEGHENYCOUNTY PENNSYIVANIA. Sealed proposals will be rehab/reMancpalyst Penn Hills, through PennBld until 10:30 am. on February 28, 2023 for the following project: PENN HILLS 2023 CCTV INSPECTION CONTRACTS ContractA This project consists of llght dlearing and çlosed-circuit televsingocr Inspection of approxirnetely? 78,200LFdf8" 30+" sanitary sewers, including heavy deaning, as needed and trafic control, etc, complete in placa Al wakv Wilb be conducted within treMamcpiydfPumH ContractB This project consists of light deaning and closed-cirouit televisingiccrv, inspection of Potay77B0LEdIS 30+" sanitary sewers, including heavy deaning as needed and traffic control, etc, worky complete wilbecanducted In plade. Within Al teMmcboiydremHs Contracts A. and B are separate and Independent. Bidders may! bid on bothor OneoF All Information, tiecontracis ful notice to biiders and other documents related to this solicitation are avallabte at noc cost on the Pennbids site www.Pennsidnet. There 2023 will CCIV be a Penn Inspection Hills pre-hid Contracts meeting MANDATORY on Fehruary 8, 2023, at 10:30 AM. at the Municipallty o1 Penn Penn Hs, HKs 102 PA Duff 15235. Road, Contractors who Intend to bid any of the Individual pre-bid. Contracts meeting must attend to the be eligibletobldt thecontract. All submitted proposals electronicaly must Va be PennBid before 10:30 wwwPennBdnet, AM prevailing time on Tuesday, February wil 25, be 2023. opened. At that with time, resuits bids dipispintiyonpemaa By.JennferSarver Directar,WPCD 4519 ORPUBLICATION 152u PGPublishing Company Sworn to ands subscribed before me this day of: Chprtay Au PDPIE Febrary2,2023 ECEIVE FEB 6 2023 STATEMENTOFA ADVERTISING COSTS Penn Hills Municipality ATTN: Pam Smeaton 102DuffRd. Pittsburgh, PA15235 ToP PGI Publishing Company Total $207.70 Publisher's Receipt for Advertising Costs PGPUBLISHING COMPANY, publisher oft the Pittsburgh Post-Gazette,: a newspaper general circulation, hereby acknowledges: receipt oft the aforesaid advertising and publication costs and certifies that the samel have been fully paid. of Office 2201 Sweeney Drive CLINTON, PA 15026 PraeeON Phone 412-263-1440 in thes subject matter of saidi notice. PGPublishing Company, a Corporation, Publisher of Pittsburgh Post-Gazette, aN Newspaper of General Circulation By Ihereby certify thatt the foregoing ist the original Proofo ofF Publication and receipt for the Advertising costs Attorney For MUNICIPALITY OF PENN HILLS Resolution No. 2023-7 ARESOLUTION OF THE MUNICIPALITY OF PENN HILLS, COUNTYOF ALLEGHENY, COMMONWEALTE OF PENNSYLVANIA, AWARDING A: 3-YEAR CONTRACT TO. ADS ENVIRONMENTAL SERVICES FOR THE MAINTENANCE, MONITORING, AND SUBMITTAL OF REPORT DATA FOR A TOTAL COST OF WHEREAS, thel Municipality must monitor the sewage flow: into both the. ALCOSAN WHEREAS, ADS Environmental Services is the stipulated flow monitoring company in both oft the sewer agreements with ALCOSAN and the Plum Borough Municipal Authority. NOW, THEREFORE, BE IT RESOLVED BYTHEI MUNICIPALITY OF PENN HILLS, 1.A three (3) year contract is awarded to ADS Environmental Services for the maintenance, monitoring and submittal of report data as outlined in the attached quote and as follows: $143,784.00 sewer: system and the Plum Creek Sewage Treatment Plant. IN A MEETING DULY CONVENED THE FOLLOWING: Monthly Cost $3,801.00 $3,990.50 $4,190.50 Annual Cost $45,612.00 $47,886.00 $50,286.00 April 2023 - March 2024 April 2024-M March 2025 April 2025-N March 2026 Forat total cost ofs $143,784.00 as per their quote submitted on February 3, 2023. 2. Authorizing the proper Municipal Official to release payment as periodically submitted and THIS RESOLUTION APPROVED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE MUNICIPALITY OF PENN HILLS ON THIS TWENTIETH DAY OF MARCH, 2023. approved by the Project Coordinator. By: Pauline Calabrese Mayor Date Attest: Scott Andrejchak Municipal Manager Date ADs EMMIRONMENTAL 340 The Bridge Street, Suite 204 Huntsville, AL 35806 256-430-3366 www.adsenv.com AI Division of ADS LLC Penn Hills Municipal Sewer Authority Attn: Jennifer Sarver (Cohn) 102 Duff Road Penn Hills, PA: 15235 412.798.2171 cohn@pennhils.org CherylPaulin Business Development Manager paulin@ldexcorp.com 240-755-7951 Quote Reference: ennHIS.TN.PA23-26 Date: 2.3.2023 Terms: Net 30 Shipment: FOB Shipping Point Delivery: 30 Days ARO Unit Retail Price $3,801.00 $45,612.00 $3,990.50 $47,886.00 $4,190.50 $50,286.00 Description Quantity 12 12 12 Extended Price Maintenance & Data Processing for 5 Meters &2F Rain Gaugès Maintenance & Datal Processing for 5 Meters &2 2 Rain Gauges Maintenance & Datal Processing for 51 Meters &2 2F Rain Gauges Items may be taxable in accordance with local taxl laws. (4/1/20231 to 3/31/2024) (4/1/20241 to 3/31/2025) (4/1/2025 to 3/31/2026) Total NOTES: $143,784.00 1. Acceptance oft this proposal for the purchase of ADS Products constitutes you and/or your companysagreement to ADS' Standard" Terms and Conditions of Salet found at htpsy/www.adsenvconAts:eniertemmsand-condltionsl. ADS' Terms and Conditions supersede any terms and conditions ina any documentation submitted byy youa and/ory youro company asab buyer of ADS products. Client Name: Signature Printed Name/Title Date ADSLLC Signature Printed Name/Title Date INTEROFFICE MEMORANDUM Water Pollution Control Department To: Date: Scott.Andrejchak, Municipal Manager From: Jennifer Sarver, WPCD Director Subject: ADS Service Agreement Renewal March 9, 2023 The WPCD recommends renewing thé contract for flow metering services with ADS Environmental Services for a three-year term. ADS Environmental Services ist the stipulated flow monitoring company in both sewer agreements with ALCOSAN andi the Plum Borough Municipal Authority. The increase on the contract was: 5% per year. Funds for this contract are budgeted from account # 0842946-3170. MUNICPALITY OF PENN HILLS FLOW METER DESCRIPTION - LOCATION PH01 - Located in a MH on the 21" sewer connecting to an ALCOSAN Pump Station on Sandy Creek Road in Penn Hills. PH02-L Located in al MH on the 24" sewer connecting to anA ALCOSAN POC in Turtle Creek. PHO3 - Located in a MH on the 15" sewer connecting to ALCOSAN POC on Allegheny River Blvd in Penn Hills. PC174B - Located in MH on the 27" sewer prior to discharge into the Penn Hills Plum Creek WWWTP. This meter also has a 4-20 mA signal which read out on a chart recorder located in the WWTP. PCPS- Located on a 12" force main from the Plum Creek Pump Station. RGVP - Rain gauge located at the same site as PH01 meter. RGGC - Rain gauge located at the Penn Hills Gascola EQ facility site. ADs METER P-to! SANDY CREEV-(you MH SC-SC-14E EQTk ADS METER. PHoz GASCOLA MH Ohher- GI-27 LOCATED ON OHRCH STREET IN TURTLE CRSEL SENRSUGA 24" SEWER ADS Meter PH03 Quigjey MH SC-1-2 SC-1-2 Guigey Rump Sanon / SE-1-3PS K 80 e A Quigley Pump Stat PHo3 15"sewer 2 PHol Sti E PGVF R.1 305 f VERONAS ROADS Day Digassy 63 Pc (74B a a D à BEa g EI 4 ENJ E PÇ-20-9 PC2D6 Ga D A la EACAI PG-20-7/ /PC-20-8 PG17425 PC-17-130P6--1C 132 EB PC-47-133 PG-20-5/ PC-20-4 PRGPOS Fm PCI74B 27" PLUmeREL wwwrP R Colerrowo & Varone, PA 5147 PET O 3 EU E AJ J PCPS E E B E 9a a A7 E u a D Ny B ( PCI120 PC-17-119. P647-121 I E PC-17-122 E E Rn 12" E PC-17-1 mDD Ea PC-174". E B A 1 PC-17, C-17-1 C-17-2 APC-17-PS/ 7-13 Pw PCPs 1029 P117-22 1019 Pd-17-22A 1015 1021 PG-17- 1022 1007 1019 C-17-28 1016 PC-HG107-11 PC-17-23 Pas 1001 JOH0 1009 016 8C17-983 1006 PC-17-9. 907 05 $617-27 947 944 945 B 939 933 PC-17-28 PC-17-3929 925 E 918 921 916 PC-17-38 mf 912 946 PC-17:15 CREENI * A C8 18-2 RDBE 1000 TPc.7-216 BARGER 800 933 929 925 o1 9.7 RG17-24 P6-17-26 P61733 PC-17-37- 1022 PC-17-44 944 945 987 938 S D 930 A 31 T 924 92 $20 PC-17-57 934 930 933 19281 PC-17-58 19231 918 921 B 917 934 935 E aJ 934 $35 D 5o CATLS CF PCPS : RC174B SHows PE E mu ma3 Dag p, unii a FFwA PC-144B RBER ST HUNTER ROAD SOUTHAVE RRAw GuRcE ONLM VJQSLYNDR EYROAD - Rain Gose GCRG à GASOGLIA 550 Tt Penn Hlls, 15235 EQ PLANT Rum Ro Aratay d efmaoa Pao CWAURIEE Bnags MUNICIPALITY OF PENNE HILLS Resolution No. 2023-8 A RESOLUTION OF THE MUNICIPALITY OF PENN HILLS, COUNTY OF ALLEGHENY, COMMONWEALTH OF PENNSYLVANIA, IDENTIFYING THE EXISTENCE OF UNSAFE BLIGHTED STRUCTURES AND DEMOLISHING BLIGHTED AND UNSAFE: STRUCTURES. 8931-8933, 89334 EASTWOOD ROAD. WHEREAS, there are several vacant and dilapidated structures located within the Municipality ofE Penn Hills, County of Allegheny, Commonwealth of Pennsylvania, and WHEREAS, such structures constitute al health and safety hazard to our residents, WHEREAS, such structures identified for demolition will undergo condemnation proceedings outlined within local ordinances and are in declaration oft the property as a public nuisance and as being in al hazardous or dangerous condition, and removal ofs such structures, to ensure the safety ofits residents. THEREFORE RESOLVED, this 20th day ofMarch, 2023, that the and WHEREAS, when available municipal capital funds will be utilized for the Municipality ofPenn! Hills determines and declares that such structures individually and collectively constitute blighted property in the Municipality as defined by the Urban Redevelopment Law (1945, May 24, P.L.991; 1978, June 23, P.L. 556, No. 94; as amended, 1988, March 30, P.L. 304, No. 39) THIS RESOLUTION APPROVED AND ADOPTED BY THE MAYOR AND COUNCIL OF THEI MUNICIPALITY OF PENN HILLS, THIS 20TH: DAY OFI MARCH 2023. Pauline Calabrese, Mayor Date Scott Andrejchak, Manager Date NOTICETO1 BIDDERS - PUBLIC: NOTICE Sealed proposals will be received by the Municipality of Penn Hills, Pennsylvania, at the Purchasing Office, located at 102 Duff Road Pittsburgh PA 15235, 10:30 A.M. prevailing time, Thursday February 16, 2023, and will be publicly opened immediately thereafter in the Council Chambers, at the Government Center, 102 Duff Road, Pittsburgh, Pennsylvania, 15235, for the furnishing of all labor and material (as required) for: DEMOLITIONS - Penn Hills 2023, 8931-8933, 8933 %1 Eastwood Road, 8931-8933 Eastwood Road 8933 % Eastwood) Road Lot and Block# # 230-R-109 Lot and) Block# 230-R-106 This project is funded 100% with Local, Penn Hills municipal funds, procured thru the Penn Hills 2023 budget, Ordinance #2700 of2022, Adopted 12/19/2022. Specifications may be obtained at the AdmnstatomPurchasing Office (412)342-0844, Government Center 102 Duff Road Pittsburgh PA 15235 for a non refundable fee of$25.00. Potential bidders with hearing impairment requiring information on this project can call the State Proposal must be on Standard Proposal Forms in the manner therein and be enclosed in a sealed envelope bearing the name and address oft the bidder on the outside, addressed to the Purchasing Office and marked: DEMOLITIONS - Penn Hills 2023, ,8931-8933, 8933 % Eastwood Relay Office at 1-800-654-5984 to contact the Municipality. Road, Proposal must be accompanied by acertified check drawn upon al National or Statel Bank and made payable without conditions to the Municipality of Penn Hills, in an amount not less than ten (10) percent oft the proposal, or a Bid Bond, and be delivered to the place and hour named. The Municipality reserves the right to reject any or all proposals. Attention is called tot thel local, county, state and federal requirements regarding employment, non- The Municipality reserves the right to award this solicitation on an item-by-item basis or lump discrimination, safety and State regulations. sum basis, whichever: isi in thel best interest oft the Municipality The Municipality reserves the right to remove any property from the demo list before actual demo For any interested parties including aggrieved property owners ofl listed dwellings. Please contact the Municipality of Penn Hills at the listed contact address and description to inquire about the takes place. status of your property. Scott Andrejchak, Esq. Municipal Manager MUNICIPALITY OF PENN HILLS Resolution No. 2023-9 A RESOLUTION AUTHORIZING THE SUBMITTAL OF A COMMUNITY CONSERVATION PARINERSHIPS PROGRAM GRANT APPLICATION TO THE PENNSYLVANIA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES FOR OF THE VOPP WHEREAS, The Municipality of Penn Hills desires to undertake a project WHEREAS, the applicant desires to: receive from the Department of Conservation and Natural Resources ("Department")a agrant for the purpose of carrying out this project; TRAIL SEGMENT2: MILLTOWN CONSTRUCTION "VOPP Segment 2 Milltown Construction"; and and WHEREAS, the application package includes a document entitled "Terms and WHEREAS, the applicant understands that the contents of the document entitled, "Terms and Conditions of Grant", including appendices referred to therein, will become the terms and conditions ofa a Grant Agreement between the applicant and the Department Conditions of Grant"; and ifthe applicant is awarded a grant; and WHEREAS, the estimated cost of the project is $400,000.00; and WHEREAS, the $200,000.00 local match is available to accomplish the proposed WHEREAS, the Municipality of Penn Hills acknowledges the responsibility to project; and annually budget funds for maintenance/operation of the project site/facility, NOW' THEREFORE, be it resolved that: 1.The grant application may be electronically signed on behalf oft the applicant by "Scott Andrejchak" who, at the time of signing, has the TITLE of' "Municipal Manager" and 2.Ifthis Official signed the Grant Application Electronic. Authorization prior to thej passage ofthis Resolution, this grant of authority applies retroactively to the date of signing. 3. If the applicant is awarded a grant, the Grant Application Electronic Authorization, signed by the above Official, will become the applicant/grantee's executed signature page for the Grant Agreement, and the applicant/grantee will bel bound by the Grant Agreement. 4. Any amendment to the Grant. Agreement may be signed on behalfofthe grantee by the Official who, at the time of signing of the amendment, has the "TITLE" specified in the email address famirpaaiépmahilhom. paragraph 1 and the grantee will bel bound by the amendment. THIS RESOLUTION APPROVED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE MONICIPALITY OF PENN HILLS, THIS DAY OF A.D.,2023. PAULINE CALABRESE, MAYOR DATE: SCOTT ANDREJCHAK, MANAGER DATE: MEMO PanHisDaptofPamig, aFammieDadgmat To: Mayor and Council From: Chris Blackwell, Director CC: Scott Andrejchak, Dae Date: March 09, 2023 Re: AI resolution Authorizing the Submittal ofal DCNR C2P2 Trail Development Grant Milltown Community Park is located at 231 Boda Road, Verona, PA 15147 in the Municipality of Penn Hills. VOPP SEGMENT 2 MILLTOWN extends 1.31 miles from Boda Road toi the Southern loop of James' Way. The Municipality obtained ownership of1 mile of an abandoned 66' Right-of-Way in July of 2021 that borders the 31-mile section of Milltown Community Park for a total of 1.31 miles. This segment of the VOPP Trail will comprise approximately 1.31 miles of the proposed trail 14.1-mile trail. With this grant we propose to complete the construction of 1.31 miles of the VOPP SEGMENT 2 In 2022, the Municipality of Penn Hills received a Trail Development Fund Grant for 1.2 million dollars from the Redevelopment Authority of Allegheny County for the engineering and design of the entire 14.1 mile trail including the Milltown segment. The This project will provide for the construction (VOPP SEGMENT 2 MILLTOWN) as specified in the Feasibility Study. TranSystems, Inc. is currently working on the complete the design, engineering, specifications and bid documents to provide for the complete construction of the entire 14.1-mile trail. Once the final design, engineering and specifications are completed we will be prepared to construct this 1.31-mile portion of With this grant, Penn Hills is illustrating the true effort described as multi-municipal. Atowghtsportomofineta. doesnot provide direct access tot the residents ofVerona, Oakmont and Plum, iti is the first step int the development of this trail that will ultimately pass through all four communities on its way to Boyce Park. Future applications and grants will directly impact the other VOPP Communities, and we will continue to seek MILLTOWN. engineering and design of the entire trail will be completed in 2024. the trail. Construction will begin in 2024 for completion in 2025. grant funding as a group including all four communities. VOPP SEGMENT 2 MILLTOWN PARK TRAIL Pern Hills Departmant ofPlanning and EcmomipDsipmert May2021 VOPP Trail Segment 1b (1.37 miles/7,228 Linear Feet) A. Site Preparation Clearing/Grubbing B. Painting & Site Amenities Paint; assumes two-way 2 Wayfinding Sign $0 $0 $76,368 $53,618 $22,750 $76,368 $76,368 AC LF EA O $10,000 7,885 7 $6.80 $3,250 Sub-total Grand Total $/Mile $55,743.07 $/Foot $10.57 1. The above costs do not include land acquisition costs 2. Year 2019 construction dollars 3. Assume 3% inflation per year when incrosing/proechng the above cost into the future VOPP Trail - Segment 2 (4.47 miles/23,595 Linear Feet) LOW END A Site Preparation Clearing/Grubbing B. Hardscapes and Structures 1 Railroad Tunnel a. Tie/Rail Removal b. Soil/Stone Remediation c. Grading/Earhwork d. Drainage Pipe e. Drainage Structures Electrical Service 9. LED Lighting Fixtures h. Limestone Trail 2 Limestone Trail C Painting & Site Amenities Paint; assumes two-way 2 Waylinding Sign $40,000 $40,000 $960,550 $56,500 $0 $0 $25,000 $0 $0 $0 $0 $31,500 $904,050 $63,968 $11,968 $52,000 $1,064,518 $1,064,518 $238,147.20 $45.12 AC LS LS LS LS LF LS LS LS SF SF 258,300 LF EA 4 $10,000 $56,500 $100,000 $100,000 $25,000 $200 $200,000 $50,000 $200,000 $7.00 $3.50 $6.80 $3,250 Sub-total Grand Total $/Mile $/Foot 4,500 1,760 16 68 VERONA, OAKMONT, PENN HILLS AND PLUM MUNICIPALITY OF PENN HILLS Resolution No. 2023-10 ARESOLUTION OF THE MUNICIPALITY OF PENN HILLS, COUNTY OF ALLEGHENY, COMMONWEALTH OF PENNSYLVANIA AUTHORIZING THE MUNICIPALITY OF PENN HILLS TO ENTER INTO A LEASE AGREEMENT WITH THE MUNICIPALITY OF PENN HILLS, AS LESSOR, AND THE PENN HILLS BASEBALL ASSOCIATION, AS LESSEE FOR CONCESSION STAND #1 LOCATED WHEREAS, The Municipality of Penn Hills is the owner of concession stand #1 at WHEREAS, the Penn Hills Baseball Association (hereinafter "PHBA") desires tol lease concession stand #1 at' Tumner-Friendship Park on Monday through Sunday of each week from April 15th through August 315t ofeach year for at three-year period, 2023-2025; and, HILLS, INAI MEETING DULY CONVENED, THEI FOLLOWING: INTURNER-FR-FRIENDSHIP PARK Turner-Friendship Park located within Penn Hills; and NOW,THEREFORE, BEITRESOLVED: BY THE MUNICIPALITY OF PENN 1. Thel Municipality ofPenn Hills is authorized to enter into al Lease Agreement with 2. The concession stand #1 at' Tumer-Friendship Park leased by PHBA from Penn Hills will be utilized by PHBA on Monday through Sunday ofeach week from April 15th through August 315t ofeach year for a three-year period,2023-2025, ,for the resale off food and beverages to the users oft the park during regularly 3. The manner and method of operation of concession stand #1 shall be determined by aLease Agreement entered between Penn Hills and the PHBA. 4. Acopy of the proposed Lease Agreement is attached hereto and made part THIS RESOLUTION, APPROVED, AND ADOPTED BY' TEMAYORANDCOUNCIL the PHBA. scheduled baseball games. thereof. OF THE MUNICIPALITY OF PENN HILLS ON THIS DAY OF 2023. By: Pauline Calabrese, Mayor ATTEST: Date Scott Andrejchak, Municipal Manager Date LEASE AGREEMENT This lease agreement ("Lease"), is made this day of Between the Municipality of] Penn Hills, Pennsylvania (hereinafter "Penn Hills" or Municipality" in this agreement), and the Penn Hills Baseball Association, a Pennsylvania non-profit association (hereinafter PHBA"), for the tenancy and: management oft the Tumner-Friendshp Park Concession Stand Number One. The authorization to enter this Lease has been approved by the Municipal Council of Penn Hills, Pennsylvania, at a regular meeting of Mayor and Council on the day of 2023 by Resolution and by the properly constituted Officers of PHBA. NOWTHEREFORE, the parties hereto in consideration of the mutual covenants and promises made herein, and intending to be legally bound hereby agree as follows: 1. Penn Hills, owner and lessor herein, hereby agrees tol lease to PHBA the concession stand #1 at' Tumer-Friendship Park on Monday through Sunday of each calendar week beginning April 15th through August 31st ofe each year for at three-year period, 2023-2025. Thej parties further agree that PHBA shall manage and staff the concession stand during the tern oft this Lease. 2. The parties also agree that PHBA shall have the sole and exclusive right to the use, operation, and management oft the concession stand during the period set forth above. 3. PHBA shall pay to the Municipality of Penn Hills a flat fee of$1.00 payable to the Municipal Finance Office no later than ten (10) working days from the close of PHBA season. 4. The concession stand will be used by the PHBA for the resale of food and beverages to the users of the park during regularly scheduled games played by PHBA, practices and approved camps. No change in the general use ofthe concession stand to a use other than that contemplated under this Lease will be made by thel PHBA. PHBA will supply Penn Hills a schedule of games at' Tumer-Friendship Park. 5. PHBA will not create, cause or allow to be created any debt, lien, charge or encumbrance against the Municipality. PHBA will pay and discharge, or cause to be paid and discharged when the same become due, all taxes, assessments, and other governmental charges, if any, which are lawfully imposed. 6. -- PHBA shall be responsible for payments of any Federal, State, orl Local taxes or any other feès which may result from the operation of the concession stand. 7. PHBA shall be responsible for the operation of the concession stand and will at all times keep the concession stand in good and safe condition, free of trash and debris and comply with all laws, ordinances codes and municipal park regulations applicable to the use oft the concession stand and park. The PHBA will not permit, commit or suffer waste or impairment to the concession stand, its site or any part thereof. 8. PHBA shall protect, defend, indemnify, and save harmless Penn Hills from and against any and all liability, damages, suits, liens and judgements of whatever nature, including but not limited to, claims for contributions and/or indemnification for injuries to, or death of, any person or persons, caused by, in connection with, or arising out of any activities and operation of the concession stand. 9. PHBA shall purchase general liability insurance (minimum of $250,000) naming Penn Hills as an additional insured on the policy, proof ofinsurance coverage to be sent to the Municipal Purchasing Office which must be verified by the Municipality of Penn Hills before occupancy. 10. PHBA shall secure any state or local licenses or permits necessary for the sale of food and beverages at the concession stand. 11. As per the "Public Facilities Concession Regulations" 1978, Nov.26, P.L. 1303, No. 315, Sec 2505" Every public agency shall require that every contract entered into after the effective date of this act, granting any concession, license, permit or right to sell, lease contract for, or otherwise make available for consideration, good or services to the public in any public facility, contain provisions giving the public agency the: right to regulate the kind, quality and price of such goods and services, upon such terms and conditions as may be appropriate." . The Municipality ofPenn Hills, as aj public agency under the above legislation, reserves its right to regulate the kind, quality, and price of those items sold at the concession stand. Any required changes will be reflected in a written revision to the lease agreement. 12. PHBA shall make no physical changes to the concession stand or to any other part oft the building housing the concession stand without written permission from Penn Hills. 13. At least one1 time during the baseball season, PHBA agrees that Penn Hills has the: right to inspect the books and records related to the business oft the concession stand and to perform an an audit, ifnecessary. Penn Hills reserves the right to designate a representative oft the Municipality to have access to said books and/or records, and upon reasonable advance notice to PHBA, to inspect said books at any time. Penn Hills has the right to inspect the concession stand at any time. 14. All persons working at the concession stand shall be employees of volunteers ofl PHBA. nothing herein shall be construed as creating ai relationship of co-partners or joint venture between PHBA and Penn Hills, or as constituting PHBA or any ofits agents, volunteers, or employees as employees of the Municipality of Penn Hills. 15. Penn Hills will be responsible for the normal maintenance and repair of the concession stand i.e., electrical, plumbing, security. PHBA will be responsible for all: repairs to the concession stand only ift repairs are ai result of negligent and careless operation oft the facility by PHBA. 16. IfPHBA is going to staff the concession stand with minors, iti must specifically comply with both the Federal and State child labor regulations. 17.A All items or property attached to the leased premises or placed thereon by PHBA, the removal of which would cause damage to the leased premises, are to: remain the property of Penn Hills upon the termination of this Lease unless a written agreement prior to the installation of such items of property is made between Penn Hills and PHBA. 18. No amendment, modification, or alteration of the terms oft this Lease shall be binding unless the same in writing, dated subsequent to the date ofthis Lease and duly executed by the parties. 19.No waiver by the parties hereto of any defense or breach ofany term or condition or covenant of this lease shall be deemed to be a waiver of any other breach oft the same or any other term, condition, or covenant herein. 20. Upon the execution and delivery oft this Lease by and among the parties hereto, iti is agreed that this Lease shall entirely supersede and extinguish all prior agreements, oral or written understandings or agreements covering the leased premises between Penn Hills and PHBA, and accordingly that all rights and obligations flowing among the parties hereto as to the leased premises shall be determined only in accordance with the provisions contained in this Lease Agreement. 21.ThisLease shall be in effect until December 31, 2025. 22. This Lease will terminate ifany oft the terms and conditions ofthis Lease are breached by PHBA. 23. This Lease shall be governed by thel laws of the Commonwealth of] Pennsylvania. ATTEST: MUNICIPALITY OF PENN HILLS Scott Andrejchak Municipal Manager Pauline Calabrese Mayor WITNESS: PENN HILLS BASEBALL ASSOCIATION (Title) Date Date MUNICIPALITY OF PENN: HILLS Resolution No. 2023-11 ARESOLUTION OF THE MUNICIPALITY OF PENN HILLS, COUNTY OF ALLEGHENY, COMMONWEALTH OF PENNSYLVANIA AUTHORIZING THE MUNICIPALITY OF PENN HILLS TO ENTER INTO A LEASE AGREEMENT WITH THE MUNICIPALITY OF PENN HILLS, AS LESSOR, AND THE PENN HILLS GIRLS' SOFTBALL: ASSOCIATION, AS LESSEE FOR CONCESSION LOCATED ATI PENN WHEREAS, The Municipality of Penn Hills is the owner ofthe Concession Stand at WHEREAS, Thel Penn Hills Girls' Softball Association (hereinafter PHGSA") desires to lease concession stand located in Penn Hills Park beginning in April and ending in October for HILLSE PARK Penn Hills Park, located within Penn Hills; and atl three-year period, 2023-2025; and, NOW,THEREFORE, BE: IT RESOLVED BY THE MUNICIPALITY OF PENN 1. The Municipality of] Penn Hills is authorized to enter into a Lease Agreement with the 2. The concession stand at Penn Hills Park leased by PHGSA from Penn Hills will be utilized by PHGSA from Monday through Saturday of each week from April through October ofe each year for ai three-year period, 2023-2025, for the resale of food and beverages to the users oft the park during regularly scheduled softball games. 3. The: manner and method of operation of concession stand shall be determined by a Lease Agreement entered into between Penn Hills and the PHGSA. HILLS, IN A MEETINGDULY CONVENED, THE FOLLOWING: PHGSA. 4.A Acopy ofthe proposed Lease Agreement is attached! hereto and made part thereof. THIS RESOLUTION APPROVED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE MUNICIPALITY OF PENN HILLS ON' THIS DAYO OF 2023. By: Pauline Calabrese, Mayor ATTEST: Date Scott. Andrejchak, Municipal Manager Date LEASE. AGREEMENT This lease agreement ("Lease"), is made this day of Between the Municipality ofPenn Hills, Pennsylvania (hereinafter "Penn Hills"or "Municipality" in this agreement), and the Penn Hills Girls Softball Association, a Pennsylvania non-profit association (hereinafter PHGSA"), for the tenancy and management oft the Penn Hills Park Concession Stand. The authorization to enter this Lease has been approved by the Municipal Council ofPenn Hills, Pennsylvania, at ai regular meeting ofMayor and Council on the day of 2023 by Resolution and by the properly constituted Officers of PHGSA. NOWTHEREFORE, the parties hereto in consideration oft the mutual covenants and promises made herein, and intending to be legally bound hereby agree as follows: 1. Penn Hills, owner, and lessor herein, hereby agrees tol lease to PHGSA the concession stand at Penn Hills Park on Monday through Saturday of each calendar week from April through October of each year for a three-year period, 2023-2025. The parties further agree that PHGSA shall manage and staff the concession stand during the tern oft this Lease. 2. The parties also agree that PHGSA shall have the sole and exclusive right to the use, operation, and management oft the concession stand during the period set forth above. 3. PHGSA shall pay to thel Municipality of Penn Hills a flat fee of$1.00 payable to the Municipal Finance Office no later than ten (10) working days from the close of PHGSA season. 4. The concession stand will be used by the PHGSA for the resale of food and beverages to the users of the park during regularly scheduled games played by PHGSA, practices and approved events. No change in the general use of the concession stand to a use other than that contemplated under this Lease will be made by the PHGSA. PHGSA will supply Penn Hills a schedule of games at Penn Hills Park. 5. PHGSA will not create, cause or allow tol be created any debt, lien, charge or encumbrance against the Municipality. PHGSA will pay and discharge, or cause to be paid and discharged when the same become due, all taxes, assessments, and other governmental charges, ifany, which are lawfully imposed. 6. PHGSA shall be responsible for payments of any Federal, State, orl Local taxes or any other fees which may result from the operation of the concession stand. 7. PHGSA shall be responsible for the operation oft the concession stand and will at all times keep the concession stand in good and safe condition, free oft trash and debris and comply with all laws, ordinances codes and municipal park: regulations applicable to the use oft the concession stand and park. The PHGSA will not permit, commit, or suffer waste or impairment to the concession stand, its site, or any part thereof. 8. PHGSA shall protect, defend, indemnify, and save harmless Penn Hills from and against any and all liability, damages, suits, liens and judgements of whatever nature, including but not limited to, claims for contributions and/or indemnification for injuries to, or death of, any person or persons, caused by, in connection with, or arising out of any activities and operation of the concession stand. 9. PHGSA shall purchase general liability insurance (minimum of $250,000) naming Penn Hills as an additional insured on1 the policy, proof ofinsurance coverage to be sent to the Municipal Purchasing Office which must be verified by the Municipality of Penn Hills before occupancy. 10. PHGSA shall secure any state or local licenses or permits necessary for the sale ofi food and beverages at the concession stand. 11. As per the "Public Facilities Concession Regulations" 1978, Nov.26, P.L. 1303, No. 315, Sec 2505" Every public agency shall require that every contract entered into after the effective date ofthis act, granting any concession, license, permit or right to sell, lease contract for, or otherwise: make available for consideration, good or services to the public in any public facility, contain provisions giving the public agency the right to regulate the kind, quality, and price of such goods and services, upon such terms and conditions as may be appropriate."The Municipality of] Penn Hills, as a public agency under the above legislation, reserves its right to regulate the kind, quality, and price ofthose items sold at the concession stand. Any required changes will be reflected in a written revision to the lease agreement. 12. PHGSA shall make no physical changes to the concession stand or to any other part of the building housing the concession stand without written permission from Penn Hills. 13. At least one time during the softball season, PHGSA agrees that Penn Hills has the right to inspect the books and records related to the business oft the concession stand and to perform an an audit, if necessary. Penn Hills reserves the right to designate a representative oft the Municipality to have access to said books and/or records, and upon reasonable advance notice to PHGSA, to inspect said books at any time. Penn Hills has the right to inspect the concession stand at any time. 14. All persons working at the concession stand shall be employees or volunteers ofPHGSA. Nothing herein shall be construed as creating ai relationship of co-partners or joint venture between PHGSA and Penn Hills, or as constituting PHGSA or any ofits agents, volunteers, or employees as employees of the Municipality of Penn Hills. 15. Penn Hills will be responsible for the normal maintenance and repair of the concession stand i.e., electrical, plumbing, security. PHGSA will be responsible for all repairs to the concession stand only ifi repairs are ai result of negligent and careless operation oft the facility by PHGSA. 16. IfPHGSA is going to staff the concession stand with minors, it must specifically comply with both the Federal and State child labor regulations. 17.All items or property attached to the leased premises or placed thereon by PHGSA, the removal of which would cause damage to thel leased premises, are to remain the property of Penn Hills upon the termination of this Lease unless a written agreement prior to the installation of such items of property is made between Penn Hills and PHGSA. 18. No amendment, modification, or alteration of the terms of this Lease shall be binding unless the same be in writing, dated subsequent to the date of this Lease and duly executed by the parties. 19. No waiver by the parties hereto of any defense or breach of any term or condition or covenant oft this lease shall be deemed to be a waiver of any other breach of the same or any other term, condition, or covenant herein. 20. Upon the execution and delivery oft this Lease by and among the parties hereto, itis agreed that this Lease shall entirely supersede and extinguish all prior agreements, oral or written understandings or agreements covering the leased premises between Penn Hills and PHGSA, and accordingly, that all rights and obligations flowing among the parties hereto as to the leased premises shall be determined only in accordance with the provisions contained in this Lease Agreement. 21.Thisl Lease shall be in effect until December 31, 2025. 22. This Lease will terminate if any oft the terms and conditions ofthis Lease are breached by PHGSA. 23. This Lease shall be governed by the laws oft the Commonwealth ofPennsylvania. ATTEST: MUNICIPALITY OF PENN HILLS Scott Andrejchak Municipal Manager Pauline Calabrese Mayor WITNESS: PENN HILLS GIRLS' SOFTBALL ASSOCIATION (Title) Date Date MUNICIPALITY OF PENN HILLS Resolution No. 2023-12 A RESOLUTION OF THE: MUNICIPALITY OF PENN: HILLS, COUNTY OF ALLEGHENY, AND COMMONWEALTH OF PENNSYLVANIA AUTHORIZING THE MUNICIPALITY OFPENNI HILLS TO ENTER INTO A LEASE AGREEMENT WITH THE MUNICIPALITY OF PENN HILLS, AS LESSOR, AND PENN HILLS MIDGET FOOTBALL ASSOCIATION, AS LESSEE FOR CONCESSION STAND #2 LOCATED INTURNER-FR-FRIENDSHIP PARK. WHEREAS, The Municipality of Penn Hills is the owner of the Concession Stand #2 WHEREAS, the Penn Hills Midget Football Association (hereinafter "PHMFA") desires to lease concession stand #2 at Turner-Friendship Park on Monday through Saturday of each week from July through December of each year for a three-year period, 2023-2025; at' Turner-rnendship Park located within Penn Hills; and and, NOW, THEREFORE, BE: IT RESOLVED BY THE MUNICIPALITY OF PENN HILLS, IN A MEETING DULY CONVENED, THE FOLLOWING: 1. 2. The Municipality ofl Penn Hills is authorized to enter intoaLease Agreement with thel PHMFA. The concession stand #2 at Turner-Friendshp Park leased by PHMFA from July through December of each year for a three-year period, 2023-2025, for The manner and method of operation of concession stand #2. shall be determined by a Lease Agreement entered into between Penn Hills and the A copy of the proposed Lease Agreement is attached hereto and made part football games. 3. PHMFA. hereof. 4. THISRESOLUTIONAPPROVEDANDADOPTEDBYTHEMAYORAND COUNCIL OF THE MUNICIPALITY OF PENN HILLS ON THIS 20th DAY OF MARCH 2023. By: PAULINE CALABRESE MAYOR ATTEST: DATE SCOTT ANDREJCHAK MUNICIPAL MANAGER DATE LEASE AGREEMENT sLemeAgrmemçLeae),lsmadehi 1st dayof July Between the Municipality of Penn Hills, Pennsylvania (hereinafter "Penn Hills" or "Municipality" in this Agreement), and the Penn Hills Midget Football Association, a Pennsylvania non-profit association (hereinafter "PHMFA"), for the tenancy and management oft the Tumer-Friendship Park Concession Stand Number One. The authorization to enter into this Lease has been approved by the Municipal Council ofPenn Hills, Pennsylvania, at ai regular meeting ofl Mayor and Council on the_ 20th day of March 2023 by Resolution #, and by the properly constituted Officers ofPHMFA. NOW THEREFORE, the parties hereto in consideration of the mutual covenants and promises made herein, and intending to be legally bound hereby agree as follows: 1. Penn Hills, owner and lessor herein, hereby agrees to lease to PHMFA the week PHMFA shall manage and staff the concession stand during the term of this Lease. 2. The parties also agree that PHMFA shall have the sole and exclusive right to the use, operation and management of the concession stand during the period set forth above. 3. PHMFA shall pay to the Municipality of Penn Hills a flat fee of $1.00 payable to the Municipal Finance Office no later than ten (10) working days from the close of PHMFA season. 4. The concession stand will be used by the PHMFA for the resale of food and beverages to the users of the park during regularly scheduled games played by PHMFA, practices and approved camps. No change in the general use of the concession stand to a use other than that contemplated under this Lease will be made by the PHMFA. PHMFA will supply Penn Hills as schedule of games at lumer-Friendshp Park. 5. PHMFA will not create, cause or allow to be created any debt, lien, charge or encumbrance against the Municipality. PHMFA will pay and discharge, or cause to be paid and discharged when the same become due, all taxes, assessments, and other governmental charges, ifa any, which are lawfullyimposed. 6. PHMFA shall be responsible for payments of any Federal, State, or Local taxes or any other fees which may result from the operation ofthe concessionstand. 7. PHMFA shall be responsible for the operation of the concession stand and will at all times keep the concession stand in good and safe condition, free of trash and debris and comply with all laws, ordinances, codes and municipal park regulations applicable to the use of the concession stand and Park. The PHMFA will not permit, commit or suffer waste or impairment to the concession stand, its site or any partthereof. 8. PHMFAS shall protect, defend, indemnify and savel harmless PennHills from and against any and all liability, damages, suits, liens and judgments of whatever nature, including, but not limited to, claims for contributions and/or indemnification for injuries to, or death of, any person or persons, caused by, in connection with, or arising out of any activities and operation of the concession stand. 9. PHMFA shall purchase general liability insurance (minimum of $250,000) naming Penn Hills as an additional insured on the policy, proof of insurance coverage to be sent to the Municipal Purchasing Office which must be verified by the Municipality of Penn Hills before occupancy. 10. PHMFA shall secure any state or local licenses or permits necessary for the sale of food and beverages at the concessionstand. 11. As per the "Public Facilities Concession Regulations" 1978, Nov.26, P.L. 1303, No. 315, sec. 2505" every public agency shall require that every contract entered into after the effective date oft this act, granting any concession, license, permit or right to sell, lease contract for, or otherwise make available for consideration, goods or services to the publici in any public facility, contain provisions giving the public agency the right to regulate the kind, quality and price of such goods and services, upon such terms and conditions as may be appropriate."" The Municipality of Penn Hills, as a public agency under the above legislation, reserves its right to regulate the kind, quality, and price of those items sold at the concession stand. Any required changes will be reflected in a written revision to the lease agreement. 12. PHMFA shall make no physical changes to the concession stand or to any other part oft thel building housing the concession stand without written permission from Penn Hills. 13. At! least one time during the football season, PHMFA agrees that Penn Hills has the right to inspect the books and records related to the business oft the concession stand and to perform an audit, if necessary. Penn Hills reserves the right to designate a representative ofthe Municipality to have access to said books and/or records, and upon reasonable advance notice tol PHMFA, to inspect said books at any time. Penn Hills has the right to inspect the concession stand at any time. 14. All persons working at the concession stand shall be employees or volunteers of PHMFA. Nothing herein shall be construed as creating a relationship of co-partners or joint venture between PHMFA and Penn Hills, or as constituting PHMFA or any of its agents, volunteers, or employees as employees of the Municipality of Penn Hills. 15. Penn Hills will be responsible for the normal maintenance and repair of the concession stand i.e. electrical, plumbing, security. PHMFA will be responsible for all repairs to the concession stand only if the repairs were a result of negligent and careless operation of the facility by PHMFA. 16. If PHMFA is going to staff the concession stand with minors, it must Specifically comply with both the Federal and State Child Labor Regulations. 17. All items or property attached to the leased premises or placed thereon by PHMFA, the removal of which would cause damage to the leased premises, are to remain the Property of Penn Hills upon the termination oft this Lease unless a written agreement prior to the installation of such items of property is made between Penn Hills and PHMFA. 18. No amendment, modification or alteration of the terms of this Lease shall be binding unless the same be in writing, dated subsequent to the date of this Lease and duly executed by the parties. 19. No waiver by the parties hereto of any defense or breach of any term or condition or covenant of this lease shall be deemed to be a waiver of any other breach of the same or any other term, condition or covenant herein. 20. Upon the execution and delivery of this Lease by and among the parties hereto, iti is agreed that this Lease shall entirely supersede and extinguish all prior agreements, oral or written understandings or agreements covering the leased premises between Penn Hills and PHMIFA, and accordingly that all rights and obligations flowing among the parties hereto as to the leased premises shall be determined only in accordance with the provisions contained in this Lease Agreement. 21. This Lease shall bei in effect until December 31,2025. 22. This Lease will terminate if any of the terms and conditions of this Lease are breached by the PHMFA. 23. This Lease shall be governed by the laws of the Commonwealth of Pennsylvania. PAULINE CALABRESE, MAYOR DATE ATTEST: SCOTT ANDREJCHAK, MANAGER DATE 3-6-23 DATE Fknd (SIGNATURE) SEAL dgane