Franklin County A Natiral Setting for Opportumity AGENDA  FRANKLIN COUNTY BOARD OF SUPERVISORS TUESDAY, SEPIEMBER17,2024  GOVERNMENT CENTER BOARDROOM, 1255 FRANKLIN STREET, ROCKY MOUNT VA Citizens wishing to submit a public comment may contact Amy Renick, Clerk to the Board, via email at amy.renickatrankincountyya.govy or at (540) 483-3030 before 5:00 PM on September 16, 2024.  12:30 2:00 3:00 3:01 3:04 3:05 3:07 3:10  Call to Order Legislative Discussion and Lunch with Local Delegation (B-75) Work Session - Davenport & Company, Financial Planning with Kyle Laux (B-75)  Call to Order, Vice Chairman Tim Tatum (Boardroom) Invocation, Supervisor Lorie Smith Pledge of Allegiance, Supervisor Dan Quinn  Approval of Agenda  Recognition of GFOA Distinguished Budget Presentation Award  CONSENT AGENDA (REQUIRES ACTION)  Approval of Appropriations and Board of Supervisors Meeting Minutes for August 20, 2024 2. Approval of Radio Use Agreement with Franklin County Public Schools (Attachment #2) 3. Approval of In-Car and Body Camera Lease Purchase Agreement (Attachment #3) 4. Ratification of Emergency Procurement Public Safety Pharmacy Equipment (Attachment 5. Carilion Clinic's Certificate of Public Need Application for Kidney Transplant Services  and August 22, 2024  1. Approval of Annual Rabies Vaccination Clinic (Attachment #1)  #4) (Attachment #5)  6. Approval of Polling Book Contract (Attachment #6) Brian Casella, VDOT Residency Administrator 1. Monthly Report (Attachment: #7) Brian Carter, Deputy County Administrator 1. Monthly Finance Report 2. FY2024 Year-End Surplus Rollover Review  3:15 3:20  3:40 3:50  [BREAK]  Dani Poe, Director of Economic Development Summit View Business Park Dogwood Site Update    1. Dogwood Site Pad Expansion Contract Award (Attachment #8) 2. Virginia Business Ready Sites Grant Acceptance (Attachment #9)  4:00 4:20 4:25 4:30  Rebecca Ventola, Director of Libraries 1. Library Strategic Plan Update 1. Upcoming Events 2. Other Matters  County Administrator Report, Christopher Whitlow County Attorney Report, Jim Guynn Jr.  Request for Closed Meeting in Accordance with 2.2-3711, (A)(1), Personnel Discussion of appointments to County Boards, Commissions, etc.; (A) (3) Discussion of the acquisition of real property or the disposition of real property; (A)(5) discussion concerning a prospective business or industry or the expansion of an existing business or industry; (A)(7) Consultation with legal counsel or briefings by staff about litigation or other specific matters requiring legal advice; (A)(29) discussion of the terms of a public contract, of the Code of Virginia, as Amended.  Certification of Closed Meeting in Accordance with 2.2-3712 (d), of the Code of Virginia, as Amended.  Recess for Dinner 6:00 6:01  Call to Order, Vice Chairman Tatum  Public Hearings  APPLICATION for SPECIAL USE PERMIT - Application of Cody Brown, Applicant, and Richard Land Gloria A. Arnold, Owners, requesting a special use permit, with possible conditions, on an approximate 2.02 acres of property zoned B-2, General Business District. The property is located at Tax Map/Parcel # 0300001701 in the Gills Creek Election District of Franklin County. The purpose of this special use permit request is to allow for a self-service storage facility. This property isp part of the Westlake-Hales Ford Designated Growth Area and has at future land use designation  of Commercial Mixed Use SPEC-05-24-17971), (Attachment #10)  APPOINTMENTS  Public Comment Period (if any citizen wishes to speak)  Other Matters by Supervisors  Adjournment  Recess until October 15, 2024, 3:00 PM Board of Supervisors Regular Meeting    1  Franklin County A/ Natural Setting for Opportuity EXECUTIVE SUMMARY  AGENDA TITLE: Annual Rabies Vaccination Clinic SUBJECTIPROPOSALREQVEST: Saturday, October 19, 2024. STRATEGIC PLANFOCUS AREA: R Dynamic Community Safety Strategic Economic Development Enhanced Educational Opportunities N. Responsible Govemment Operations Conserve & Promote Natural Assets Well Planned Growth BACKGROUND:  AGENDADATE: CONSENT AGENDA: Yes BOARD ACTION: ATTACHMENTS: STAFF CONTACTIS): REVIEWED BY:  September 17, 2024 Yes No No  Proposal to conduct: a county rabies vaccination clinic on INFORMATION:  Andy Pendleton, Michael Fowler, Steven Sandy Christopher L. Whitlow, County Administrator  CO  In an effort to control the spread of the rabies virus, Franklin County in collaboration with local veterinarians and staff, have previously sponsored a yearly rabies vaccination clinic to benefit citizens who ordinarily may not have an opportunity to obtain vaccinations for their pets. Traditionally the clinic is held in the fall. The clinic, if approved, will proceed on October 19, 2024, at the following 8:00 a.m. 12:00 p.m., Franklin County Govemment Center parking lot located at 1255 Franklin  location and times:  Street, Rocky Mount, Virginia. DISCUSSION:  Sponsorship of a rabies vaccination clinic for pets in Franklin County will reduce the potential spread of the virus. The "Code of Virginia" relating to Animal Laws requires two conditions to be met before a canine or feline can be vaccinated outside the controlled environment of a certified veterinary facility. First, approval must be granted by the local health department. Second, the local governing body must declare the holding of such a clinic is for the health, safety, and welfare of the citizens to The cost is $10.00 per vaccination administered to offset the associated expense of conducting the clinic. The date, time, and location of the clinic will be published on the animal shelter's social media  reduce the potential threat of rabies transmission in the area.  and posted at the shelter.    If approved by the Board of Supervisors, staff will secure authorization from the local health  department to conduct the clinic. RECOMMENDATION:  Staff respectfully requests the Board of Supervisors approve the holding of the annual "County Rabies Clinic" for the health, safety, andwelfare oft the citizens to reducet the potential threat of rabies transmission and authorize the "Clinic" to be held on October 19, 2024, as presented.  POSSIBLE BOARDACTIONS: MOTION to APPROVE:  Imove to APPROVE the holding of the annual "County Rabies Clinic" for the health, safety, and welfare of the citizens to reduce the potential threat of rabies transmission and authorize the' "Clinic"  to be held on October 19, 2024, as presented.  MOTION to TABLE:  Ifind that the request regarding the holding of an annual "County Rabies Clinic" is still lacking the necessary information for approval. Therefore, I move to delay action until all necessary materials  are submitted to the Board. MOTION to DENY:  Imove to DENY the holding of the annual "County Rabies Clinic."    2  Franklin County A Natural Settingfor Opportuniry EXECUTIVE SUMMARY  AGENDA TITLE:  AGENDA DATE: CONSENT AGENDA: Yes BOARD ACTION: INFORMATION: ATTACHMENTS: STAFF CONTACT/S): Jeff Echternach & Sandy REVIEWED BY:  September 17, 2024 No No Yes  Approval of School System Use of Radio Infrastructure SUBJECTIPROPOSALREQUEST: Approval of Service Level Agreement (SLA) for school system use of radio infrastructure STRATEGIC PLAN FOCUSAREA: P Dynamic Community Safety S Strategic Economic Development M Enhanced Educational Opportunities M Responsible Government Operations Conserve & Well Planned Growth BACKGROUND:  Christopher L. Whitlow, County Administratgr,  Cw  Promote Natural Assets  The County's public safety radio system is part of the Roanoke Valley Radio System and was deployed by the County over ten years ago. The radio system was originally designed to Franklin County Schools have historically operated on their own radio system. They operate over 300 radios currently and have about 10 channels that they rely upon for day to day operations. Radios can be found in their fleet of more than 200 school busses and staff vehicles, as well as in each of their schools. Since inception, the School's radio system has been supported by private The school's system is more than 27 years old, established or updated in June of 1997. Transmitters were established on Grassy Hill, and at the High School and Middle School respectively. For much oft the last 26 years, the system has worked, but with a growing list of limitations. Last year, due toa significant windstorm, the radio tower they used on Grassy Hill collapsed, destroying their main transmit antenna, and forcing them to move to a nearby tower, owned byaprivate business. Key drivers that have prompted the school system to go ahead and migrate to the County's Motorola  accommodate the eventual migration of the school system's radio system.  vendors based outside of the county.  Digital Radio Network:  Dependability: The system has no infrastructure backups if any given component fails. Clarity: Reception is presently impaired. bus drivers can't transmit successfully in more than 35% of the county's geography. Reception degraded after the tower collapse last year. Expansion: The system cannot be expanded without significant investment.    Safety: SRO's and Law Enforcement staff were not able to inter-operate with school staff Privacy: The school system has need, occasionally, to communicate student or staff names. There is presently no encryption or privacy standards preventing scanner land from listening. There will be no additional radio infrastructure costs to incorporate the schools into the current system. There willl be somei initial startup costs for the schools to purchase radios as well as ongoing maintenance and technical assistance from Public Safety Communications staff. The school system applied for and was successful in securing grants to cover most of the cost of new Motorola radios  due to being on different frequency bands.  that are compatible with the County system.  DISCUSSION:  County staff have partnered with school system staff to design and purchase the proper equipment to convert to the Motorola Digital System. Additionally, a channel lineup has been designed and programmed. The school is over 70% converted to the new: system, with a goal to be at 95% by the Like other participating entities, it is customary to outline standards of use and operation between the two entities, one being the Franklin County Radio Communications Team, and the participating entity being the School System. Similar agreements are in place to support Rocky Mount Police, The attached SLA (Service Level Agreement) outlines expectations for the County and the School, and further assigns a pricing level to cover staff time and infrastructure support of our larger system. Pricingi in this SLAI matches the pricing the school previously paid private vendors to maintain the old system therefore the schools will not see increased costs for the first year of the agreement as this  end of the year.  Ferrum Police, and Boones Mill Police.  funding was already budgeted. RECOMMENDATION:  Staff recommends approval of this SLA to formalize the relationship between the two entities, and  further assign a mechanism for maintenance cost reçovery.  POSSIBLE BOARD ACTIONS: MOTION to APPROVE:  Imake a motion to authorize the county administrator or designee to enter into this Radio System  SLA with the Franklin County School System.  MOTION to TABLE:  Imake a motion to table further discussion of the Radio System SLA with Franklin County School  System until further information can be obtained.  MOTION to DENY:  Imake a motion to Deny the Request for Radio System SLA with Franklin County School System.    Franklin County  Service Level Agreement (SLA)  Service Name: Radio Communications Maintenance and Support  Designated Customer:  Franklin County Schools  Prepared By Document Owner(s) Steven Sandy Jeffrey Echternach Version Version Date 2  Prolectorganization Role Deputy County Administrator Emergency Communications Manager  Author  Change Description  12/14/2023 Jeffrey Echternach Document Creation 12/30/2023 Jeffrey Echternach Modification Section 7-P Pricing  Page 1    TABLE OF CONTENTS GENERAL OVERVIEW. SERVICE DESCRIPTION. 3 ROLES AND RESPONSIBILITES  3.1 Parties..  3.2 County Communications Shop Responsiblities  3.3 Customer Responsibilities. REQUESTING SERVICE. 4.1 Request for service. 4.2 Service Emergencies 5.1 Hours of Coverage 5.2 Severity Levels 5.3 Response. 5.4 Prioritization. PRICING.  HOURS OF COVERAGE, RESPONSE TIMES & PRIORITIZATION.  MAINTENANCE, AND SERVICE CHANGES 7.1 Rate Determination and Price Set Point 7.2 Annual Fair Share Fee. 7.3 Project-work related Labor. 7.4 Service Exchange Rate. 7.5 Billing.  REPORTING, REVIEWING AND AUDITING  APPROVALS  Page2    1 General Overview  This is a Service Level Agreement ("SLA") between Franklin County's Radio Communications Division (AKA: County Comm's or County Communication Shop) and the Franklin County Schools. This agreement outlines the specifics of service provided by County Comm's. The objective of the SLA is to present a clear, concise and measurable description of the services provided. Below this document will define thei following: The technology service County Comm's provides to the designated customer.  The general levels of roles and responsiblities, requesting service, hours of coverage, response The responsibilities of County Comm's and it's Communication Shop, as a provider of these services and of the customer receiving services for maintenance & charges, pricing, reporting, The County Comm's Communications Shop will make every effort to provide high quality service and repair. We invite you to work closely with us as we refine our procedures, where possible, to meet your needs. This SLA covers the period from July 1, 2024 to June 30, 2025 and willl be reviewed and revised in December, as noted in section 8. Either party may terminate this agreement at any time; however every effort will be made tog give 180 days' notice, delivered to the appropriate leader, in writing prior to the termination of this agreement.  times and prioritization. reviewing and auditing.  2 Service Description  This SLA generally covers the Franklin County School's 800mhz Radios, operating on the Franklin County Radio Network. By extension, any radio related work and new development for the schools as it relates to Radio Frequency coverage, interference testing, and other aspects of radio maintenance are generally  supported.  Specific Deliverables under this agreement include: Radio Infrastructure support and service 3 Roles and Responsibilities  Preventative Maintenance and toubleshooungrepatr of subscriber radios Provision and maintenance of talk-paths (channels) for the school system to use reliably.  3.1 Parties  Responsible Party Jeffrey Echternach SLA OWNER Mark Law PRIMARY CONTACT Communication Shop  Title/Role SLA Owner, Comm's Manager County Schools Service to Customer  Contact information 540-355-2787 540-493-6508  eltezechernaeh@ranalransincoumyagoy radiolickel@frankincountyve.gov  Maintenance Manager Makle-@rok2vaus  County Schools are responsible for identifying a Primary Technical Contact for their portion of the radio system. This individual, listed above, will serve as the primary point of contact for the County Comm's  and will bet the regular point ofi interface between the two entities. 3.2 County Communications Shop Responsibilities  Page3    County Communications responsibilities andlor requirements in support of this Agreement include:  Meet response times associated with the priority assigned to incidents and service requests. Appropriate notification to Customer for all scheduled maintenance via the Tracklt system or by Provide Customer Training on basic radio work, maintenance and troubleshooting Provide Customer Training to designated technical contacts, system updates (where applicable) and general support to the customer thru their designated technical contacts on the use of radio Support Project work, to include implementing, expanding, or modifying radio communication Support Troubleshooting, to include interference testing or dead-spot reports  (Section 5.1&5.3) email notification.  Generating annual reports on service level performance. Schedule and conduct annual radio maintenance.  communication devices oolslsyslemshardware  3.3 Customer Responsibilities  Franklin County Schools responsibilities and/or requirements in support of this Agreement include:  Properly prioritize a service related incident or request (Section5.3). Identify the Technical Contacts (TC's) who are authorized to open/close work orders Communicate specific service needs and requirements Provide up-front troubleshooting and triage prior to generating a service request Provide proper care and maintenance for installed hardware and when working 'around' radio assets in garage or maintenance settings Provide one Technical Contact who will receive training and will be subsequently authorized to make minor programming adjustments or changes to School Radios.  4 Requesting Service 4.1 Request for service  Any Request for Service will be routed, and monitored, through the Track IT Work Order request system. Requests can be made for work by phone or by email. County staff will answer calls for service and support as soon as possible, prioritized in the order they are received. Normal business hours are Monday through Friday 8 am until 5 pm. You can create a work order by emalingradioicketotrankinountvasoy This  service generates an auto-reply with the ticket number.  4.2 Service Emergencies  Emergencies, better classified int the severity section (section 5) asa"SEV-1", should be notified via contacting Franklin County Dispatch, by calling (540) 483-3002. The dispatcher will notify communications staff of the  urgent need.  Page4    5 Hours of Coverage, Response Times & Prioritization  5.1 Hours of Coverage  County staff will answer calls for service and support as soon as possible and will contact the County Schools representative to schedule needed repairs, preventative maintenance, and/or support. Every effort will be made to respond to emergency calls for service on critical systems by phone within 1 hour and on-site within 2  hours (+- onel hour for travel time or weather considerations).  5.2 Severity Levels  Response level and subsequent system reporting is tied to severity levels, which are described below:  Severity 1  Response is provided continuously Major System failure 33% of System down 33% of Site channels down  Sitel Environment alarms (smoke, access, temp, AC power. This level is meant to represent a major issue that results in an unusable system, sub system, Product, or critical features from the Customer's perspective. No Work-around or immediate Response during Standard Business Day Significant System Impairment not to exceed 33% of system System problems presently being monitored This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non critical features from a Customer's perspective Response during Standard Business Day Intermittent system issues Information questions Upgrade/Preventatye maintenance  solution is available. down  Severity 2  Severity 3  This level is meant toi represent a minor issue that does not preclude use of the system, sub system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product tenhancements or modifications, and scheduled events such as preventative maintenance or productsystem upgrades.  5.3 Response  The County Communication Shop will provide 24 hours a day, 365 days per year service response on all Digital subscriber radio equipment as needed. During normal business hours County Schools will contact the County  Page 5    Communications Shop (540) 483-3091 or by email (adotickel@frankincounlyva.w, When a problem is discovered after hours, weekends and County holidays the County Schools technical contact will use section Where possible, County Schools willr route communication needs thru the technical contact. A description of each Severity! Level is provided on the following page, and priority levels are responded as follows:  5.4 Prioritization  Severity Level Sev-1 Sev-2 Sev-3  Response Timeframe Within 41 Hours from receipt of Notification, 24/7/365 Within 24 hours and/or between 8a-8p,7 days/week. receipt, During Standard Business Hours  Contact Method Phone Either by calling Manager, or via Dispatch Center (540-483-3002) Phone - Elther by calling Manager, or via Dispatch Center (540-483-3002) or by calling the office (540) 483-3091  Within 31 Business days of ByE EmailTicket, BsEtnpAemaseN  Maintenance and Service Changes  6.1 Maintenance  The County Communications Shop will support annual maintenance inspections on the subscriber equipment used by the County Schools. When available, and as required, the county Communications Shop will assist with  firmware updates to subscriber radios.  6.2 Designated Customer Responsibilities Maintain proper care of equipment Use the equipment only for the intended purpose Report equipment problems in a timely manner  6.3 Communication to customers on planned outages prior to removing equipment from service or any known outage. 6.4 Communication about emergency maintenance 6.5 Modifications and System Enhancements  The County Communications Manager or designee will notify the County School Technical Contacts by Email The County Communication Manager or designee will notify the County Schools Technical Contacts as soonas possible when emergency maintenance or repairs are required. This includes any infrastructure downtime. The County Communications Shop will work with Technical Contact to prioritize any requests for change. A major change is defined as a change that will impact 66% or more subscriber radios, or substantially change the mechanics of the overall school radio system. When a' "major request" for change is received, the county shop and Technical Contact will attempt toi integrate the change into an annual maintenance window if applicable. When not applicable or unable to integrate in a maintenance window, charges may apply and will be calculated in advance, and based upon section 7 Pricing, Subsection 7.3 Project Labor.  Page 6    6.6 New Install(s) Proiect Labor.  The Technical Contact will oversee any radio installation work. The County Communications Shop will support the Technical Contact when requested. Labor charges may apply and are defined in 7Pricing, Subsection7.3  6.7 Repairs to subscriber devices technical contact on options and priçing.  The county communications shop will work directly with the Technical Contact to troubleshoot and when needed, ship out faulty devices for repair. Ift the repair is not covered by warranty, the shop will work with the  7 - Pricing  7.1 Rate Determination and Price Set Point  This agreement addresses two distinct aspects of pricing and financial support required foracounty- This feei is at flat rate that is calculated based on the size of the system, as defined by the quantity of subscriber radios required to function on the system. The Fair Share fee is evaluated once annually on the first calendar day of the fiscal year (July 1#), without pro-rating for added or removed radios thrut the year. Thet fair share fee may! be adjusted for Inflation or system costs, but will not be adjusted beyond 2.5% per year. The Fair share fee is computed on a per-radio basis. The fair share fee is established based on fees levied by vendors who supported the School System's "UHF" Radio The Fee per radio is set at $4.0Olradio/month, or $48.0O/radiolyear for and FY24-25.  wide radio system.  7.2 Annual Fair Share Fee  System.  7.2.1 Per-Radio Fair Share Fee set point  Fiscal Year FY24-25 7H12024-630/2025  Quantity Fee/ Radio/ Months of  Total $6,576  Basis 274  Month $4.00  Operation 6 (Estimated)  7.2.2 Fair Share Fee parameters for FY23-24 and FY24-25  Section7.2 explains the over-arching structure for the fair-share fee. Thei fair sharet feei is not charged or assessed until July 1st of FY24 because of the requirement to maintain the UHF system and the burden of starting or launching the new system. The Fair Share fee listed in this SLA will be held in The Fair Share fee will be assessed once on 7/1/2024 and will be based on the quantity of radios For Example: f, on. July 1#, 2024, the school has obtained 125 radios; then they will be charged for Labor cost is divided between New Install Project Work, defined later, and non-project work, also  place without increase or decrease until 6/30/2025.  they have on hand at that time.  125 radios multiplied by 48$ per radio, or $6,000.00. 7.3 Project-Work related Labor  defined later.  Page7    New! Install Project Work may be billed at an hourly rate, under the guidance of this agreement, ata a New Install Project Work "labor" is specifically defined as pre-planned and hands-on labor, applied to new or enhanced solutions or services. This generally includes installing new radios in vehicles, adding antenna solutions to buildings, or implementing other radio technologies that do not exist today. Prior to committing resources for this billable service, The School and the County Communications Manger will discuss and agree to the anticipated hours of labor.  rate of $35.00 per hour. Labor: New Install Project Work  7.4 Service Exchange Rate  The County Communications Shop recognizes the multiple skills and trades available thru the School's maintenance shop and thel benefits of controlling cost and expenditures wherever possible. This SLA: allows for the School to offset payments by exchanging trade services throughout the year. Fore example, ifan air conditioner fails at a tower site, and the School has a resource that can repair the air conditioner unit, the school. may coordinate with the county comm's shop to implement that repair, generate an internal tracking invoice, and offset the nexl year's "Fair Share Fee" by the sum The Emergency Communications Manager and the School's Maintenance Shop manager will work together to track any service exchanges and the total dollars in off-set. At the end of the fiscal year, all work performed will be reconciled and the Emergency Communications Manager will deduct the appropriate amount from the Fair Share fee Invoice. All deductions will be well documented and  total of work performed.  communicated to the county finance department.  7.5 Billing described in7.4.  The County of Franklin will bill the County Schools once, annually, for the new year. Billing will be generated as per section 7.2 and the fair-share fee table as noted in7.2.1 with any service exchange deductions as  Billing will take place in the first month of the new fiscal year (July). 8 Reporting, Reviewing and Auditing  This Agreement is valid from the. July 1, 2024 outlined herein andi is valid until June 30, 2025. The Agreement should be reviewed at a minimum once per fiscal year; however in lieu of a review during any period specified, the current Agreement wil remain in effect. In December of each year this agreement will be updated for the The County Communications Coordinator is responsible for facilitating regular reviews of this document.  next budget year.  Contents of this document may be amended as required. Designed Review Owner: County Communications Manager Review Period: Annually Previous Review Date: n/a New Agreement Next Review Date: December 2025  Page8    This section isi intentionally left blank  Page 9    9  Approvals  This document was pepardrevemednpalatad by. Jeffrey M Echtemach, Emergency Communications Manager  on. 9/10/2024. Acceplance/Agrement  By Franklin County Schools:  By Franklin County Board of Supervisors:  School Administrator  County Administrator (or designee) Printed Name (County Administrator)  Printed Name (School Administrator)  Date  Date  Page 10    3  Franklin County A Natural Settingfor Opportunity EXECUTIVE SUMMARY  AGENDAT TITLE: Approval of In-Car and Body Wom Camera Lease Purchase Agreement SUBJECTIPROPOSALREQUEST: Request Board of Supervisors approval for the acceptance oft the Motorola Solutions 5 yr contract for the In-Car and Body Wom Camera Program STRATEGICPIANFOCUS AREA: R Dynamic Community Safety Strategic Economic Development Enhanced Educational Opportunites Responsible Govemment Operations Conserve & Promote Natural Assets Well Planned Growth BACKGROUND:  AGENDA DATE: CONSENT AGENDA: Yes BOARDA ACTION: INFORMATION: ATTACHMENTS: STAFF CONTACTIS): Erik Mollin, FCSO REVIEWEDI BY:  September 17, 2024 Yes No Yes  Christopher L. Whitlow, County Administrator  U  The Franklin County Office of the Sheriff operates as at full-service Law Enforcement Agency to the entire Franklin County Community and its visitors. The Office of the Sheriff has been a long-time user of In-car video and under Sheriff W.Q. Overton it has been strengthened and expanded to include body wor cameras. These systems aid in investigation of criminal activity, prosecution of  criminal acts, employee evaluations and citizen complaint reviews.  DISCUSSION:  The current system is in its 6th year of use and is no longer supported for repairs or updates due to the Watchguard company being purchased and new technology beçoming readily available. Beginning in 2023, the Office of the Sheriff began reviewing multiple systems to include Motorola Solutions which is listed under state contract # VA-230420-MSI who provided a quote for system bundles (see attached). The new system will meet thei increased need oft the Office of the Sheriff as we have added the School Resource Initiative and restructured to aid in more aggressive investigation and enforçement of criminal activity. The new system will allow for further addition to in-car cameras to the entire patrol and response teams as well as body worn cameras to cover the added SRO positions. The total cost of the Motorola quote is $687,827. A 5-year lease purchase agreement is recommended in order to complete the purchase oft the new equipment. The payment for thet first year of the lease will be $173,219. This amount includes one-time hardware costs and will need to be approved from FY 2024 carryover funds. The annual cost for years 2-5 of the lease  will be $128,652 and will need to be budgeted beginning in fiscal year 2026.    RECOMMENDATION:  Staff recommends approval of the 5-year lease purchase agreement with Motorola Solutions for the Sheriffs Office in-car and body worn camera program. This purchase will be through cooperative procurement on state contract # VA-230420-MSI in the total amount of $687,827. Approval of FY 2024 carryover funds in the amount of $173,219 will be needed to fund the purchase in the current  fiscal year, and staff will bring this as a separate agenda item for approval.  POSSIBLE BOARD ACTIONS: MOTION to APPROVE:  Imake a motion approve the 5-year lease purchase agreement with Motorola Solutions for the Sherif's Office in-car and body wom camera program and authorize the Sheriff, County Administrator, and County Attorney, or designees to execute the necessary contract documents.  MOTION to TABLE: information can be provided. MOTION to DENY:  r make a motion to table the Motorola Solutions lease purchase agreement until additional  Imake a motion to deny the Motorola Solutions lease purchase agreement.    QUOTE-228120.  MOTOROLA SOLUTIONS  FRANKLIN COUNTY SHERIFF DEPT  M500/V3004PH 08/15/202  chniçal, pnaing, and information iction  Dlumshedy wich this submission  propnelary informabon ofN Molorola  Inc. orthe! Molorola Solueons enltyp providing hisg quole dsclosedp publicly orin any manner to Alothert trademarks arethe  purposes only Tothehileste allowedh by applcablek law thek registered trademarksolM Motorolal Trademark Holdings, uC: and used  sion  prope  Motorola andches ns. Inc. nighis    MOTOROLASOLUTIONS  QUOTE-2281202  08/15/2023  RE: Motorola Quote for M500/V300/LPR Dear Lieutenant Jeff McKarty.  Motorola Solutions is pleased to present FRANKLIN COUNTY SHERIFF DEPT with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and This information is provided to assisty youi in your evaluation process. Our goali is to provide FRANKLIN COUNTY SHERIFF DEPT with the best products and services available in the communications industry. Please direct any questions to Rob We thank yout for the opportunity to provide you with premier communications and look forward toy your review and feedback  propose a solution to best fulfill your communications needs.  Rosales at Rob.Rosales@motorolasolutions.com.  regarding this quote. Sincerely, Rob Rosales Regional Sales Manager    MOTOROLA SOLUTIONS  QUOTE-2281202 M500/V300/LPR  Quote Date:08/15/2023 Expiration Date:11/13/2023 Quote Created By: Rob Rosales Regional Sales Manager Rob.Rosales@ motorolasolutions.com 954-504-8789 End Customer: FRANKLIN COUNTY SHERIFF DEPT Lieutenant Jeff McKarty 540-483-3000 Payment Terms:30 NET  ine Rew Video asa Service  Descmpso)  Qy lem  1.51 PHCA: SalPice EAL Sal:  Refresh D.alion  Pce  AAS-M5-BWC-SYR M500 IN-CAR SYSTEM 40 5YEAR $13,500.00 $13.500.00 $540,000.00  WITH BODY WORN CAMERA ANDY VIDEO MANAGERI EL CLOUD- SYEARS VIDEO-AS-A- SERVICE* STATION-SVEARS VIDEO-AS-A-SERVICE ($30PERMON) LEARNERI LXP SUBSCRIPTION" CLOUD, ANNUAL UNLIMITED STORAGE PERI BODYWORN CAMERA VAAS* CLOUD, ANNUAL UNLIMITED STORAGE PERI IN-CAR VIDEO SYSTEM WITH2 CAMERAS VAAS*  AAS-BWC-XFS-DOC V3ON7OOTRANSFER 2 5YEAR  $1,800.00 $1,800.00 $3,600.00  3 SSV00S01450B  65 5YEAR  $0.00  $0.00  $0.00  WGC02001-VAAS VIDEOMANAGERI EL 40 5YEAR  included Included Included  WGC02002-VAAS VIDEOMANAGERI EL 40 5YEAR  Included Included Included  Arylest tansaction! that orizes lollowing Molorola'ss purchase quolet ssbasedo equipment onands and/or subyectiothe serviceso lerms and conditions (collectyely oheveldande Product"." Mno conractbelwwen Cusiomer exusts and Molorola (the"  Motorola's vems ofUse and Motorolalss Standard Tems ando Motorolas Soludons, Inc: 5001 WestN Morvos, Unieds Statas. 60661 -:: 36-1115800  of Sales ands Supply Page 3  beween Motorola  Rgrnent  g,  shalg goven thep 172    MOTOROLA SOLUTIONS  QUOTE-2281202 M500AV300/LPR  Ln: temilume WGB-0740A LSV07S03512A  Destite V700 BODY WORN CAMERA VERIZON READY ESSENTIAL SERVICE 40 5YEAR WITH ACCIDENTAL DAMAGE AND ADVANCED REPLACEMENT SOFTWARE ENHANCEMENTS V700 MAGNETIC MOUNT WITHBWC BOX VIDEO EQUIPMENT, V300N700 TRANSFER STATION ($30PER MON) M5001 ICVSYSTEM, V300WIFIDOCK, SPS* M500 EXTENDED WARRANTY MTIK CONF KIT,802. 11AC,M500POE 5GHZANT INSTALL KIT. M500 DVR, CONSOLE MOUNT CBL, WIFIVHCL ANT 40 MNT, NMO,17'L V700 BATTERY,3.8V, 40 4180MAH, REMOVABLE ACCESS POINT, MIKROTIK. 802.1 11AC. 5GHZ BRKTI KIT POINT UNIVERSAL J-MOUNT  G lemn 40  LsPrice SalePuce Est Sale Included Included Included 3YEAR Included included Included  Rehes: Dualion  ice  SWV07503593A WGP02798-KIT 10 WGB-0138AAS 11 WGB-0703A 12 WGW00502 13 WGB-0189A 14 WGP02919-KIT 15 WGP01394-001 16 WGP02950 17 WGP01566-350 18 WGP01567  40 5YEAR 40 3 40 40 5YEAR 40 40  Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included included Included Included Included Included Included Included Included Included  $137.50 $250.00 $200.00 $25.00  $110.00 $4,400.00  2 2  $400.00 $40.00  $20.00  Anysales  tollowing, Molorola's quotei basedon ands subjectio thet terms and conditions dhyasoa, wttlens contracibatwsen Cusiomer andk Motorola (tha"  Molorola's SundardT Terms ofUsea andA Molorola'ss w purchase Slandars Temms ando Condition ofs Sales and Supply ectively" shag "Products" thep fno Underlying Ragoemeni erists between Motorolaa Undertying Customer,  Molorolas Solvbons, ine.:5 500 Westk Monroe. United Stales 60661 R: 36-1115800  Page 4    MOTOROLA SOLUTIONS  QUOTE-2281202 M500N300/LPR Rotesh Pice Durason  ne Iemibe 19 WGW00122-301 Video as a Service  Dsscption MOBILE VIDEO DEPLOYMENT SERVICES  ay lern 4691 9  IsPce Salepiss Sale  $1.25  $1.00 $46,919.00  20 AAS-BWC-5YR-001 BODY WORN CAMERA 20 5YEAR 21 WGC02001-VAAS VIDEOMANAGER: EL 20 5YEAR  $4,140.00 $4,140.00 $82,800.00 Included Included Included  AND VIDEOMANAGER EL CLOUD-SYEARS MDEOASASERVICE CLOUD, ANNUAL UNLIMITED STORAGE PERI BODY WORN CAMERA VAAS* V700 BODY WORN CAMERA VERIZON READY ESSENTIAL SERVICE 20 5YEAR WITH ACCIDENTAL DAMAGE AND ADVANCED REPLACEMENT SOFTWARE ENHANCEMENTS V700 MAGNETIC MOUNT WITH BWC BOX V700 BATTERY,3.8V. 20 4180MAH, REMOVABLE BASIC REMOTE SUPPORT FORI WG LPRLICENSE M500 BASIC ALPR VAAS Thisi is for 5 years OfLPR activation ont the M500s designated.  22 WGB-0740A 23 LSV07S03512A  20  Included Included Included 3YEAR Included Included Included  24 SWV07503593A 25 WGP02798-KIT 26 WGP02950 Vigilant 27 DDN3420A 28 DDN3421A  20 5YEAR 20  Included Included Included Included Included Included  $137.50  $110.00 $2.200.00  $500.00 $500.00  $500.00  10  $516.00 $2,580.00 $25.800.00  CommandCentral Evidence Motarola's  Arvysalesy that hhorzes following! Motorola'ss quoteisb purchase based equipment onands and/or subiectptelems services licensa ande (collectively ofthe) valdande Products" executedy witens contractb betweenc Custome exsbs bewoan andMolorda Molorola (the"  vers dfUe andk Molorola'ss StandardT  ofs Sales Page 5  s,  Terms andConditions ands Supply shallg govem thep Agrne ofthe  Molorola Solvtions, inc: SOOV Westh Monroa, Unteds Slates. 60661 #: 36-1115800    MOTOROLA SOLUTIONS  QUOTE-2281202 M500/V300/LPR  Line en Mper 29 ISV00S01459A 30 SSV00S03751A 31 SSV00S03753A 32 SSV00S02601A 33 SSV00S02604A 34 SSV00S02605A 35 SSV00S02606A 36 SSV00S03682A 37 55V00502783A 38 SSV00S02782A  Desciptan DIGITAL EVIDENCE DELIVERY SERVICES INTEGRATION: VIDEO 1 5YEAR MANAGER EL (CLOUD) TOEVIDENCE INTEGRATION: RESPONDER TO EVIDENCE* COMMANDCENTRAL EVIDENCE PLUS FIELDI RESPONSE APPLICATION" REÇORDS MANAGEMENT* OPTIMIZED DIGITAL EVIDENCE* INTEGRATION:CC EVIDENCE TO COMMUNITY" STORAGE GB* COMMUNITY INTERACTION TOOL* D300. DESK CHGRI UPLDKIT  Oty Tem: 1  ListPaice Saleice xi Sile $2,257.36 $2,257.36 $2.257.36  Reiestr Duration  Pore $0.00 $0.00  $0.00 $0.00  $0.00 $0.00  1 SYEAR 1 SYEAR 1 SYEAR 1 5YEAR 1 5YEAR 1 5YEAR  $9,360.00 $9,360,00 $9,360,00 Included Included Included included Included Included  $0.00 $0.00 $3.75 $0.00 $250.00  $0.00 $0.00  $0,00 $0.00  COMMANDCENTRAL 2000 5YEAR  $3.75 $7,500.00 $0.00 $167.50 $10,050.00  1 5YEAR 60  $0.00  39 WGA00640-KIT1 V300, USBDOCK.  Grand Total Pricing Metric: Price is indicative of the following- # of Named Users for-4 Pricing Summary  5735,826.36(USD)  Year 1 Discount: $48,000 (USD)  Final Total with Discounts: $687,826.36 (USD)  Arys sales transactionf ollowing! izes Molorola'ss quolei based onands subjectlothet terms ando conditions olthev valdande axecued witten contracta belween Customer andMolorola (the Undelying AA Molorola's Tems of Use and Moioroh's Standard Terms andCondtions or kcenses of Sales sofware ands Supply (collectvely thalg govammhap Underlying ofthel uegr ment exist between Motorola and Cusiomer,  Motordla Solvlions. Inc: 500V WestA Monvoe, Unileds Stales. 60661  Page 6    MOTOROLA SOLUTIONS  QUOTE-2281202 M500N300/LPR  LisiPnce  Sideprse  Upfront Costs for Hardware, Accessories and Implementation (ifa appliçable). plus Subscriplion Fee Year 2 Subscription Fee Vear3Subscription Fee Year 4 Subscription Fee Year 5 Subscription Fee Grand Total System Price  $219,018.11 $173,218.36 $128,652.00 $128,652.00 $128,652.00 $128,652.00 $128,652.00 $128,652.00 $128,652.00 $128,652.00 $733,626.11 $687,826.36  Notes:  Additional information is required for one or more items on the quote for an order. This quote contains items with approved price exceptions applied against them.  VITAN VA-230420-MSI invoices.  Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax, sales tax, Value Added" Tax and other taxes ofa similar nature). Any tax the customer is subject to will be added to  Unless otherwise notedi in this quote/order, installation of equipment is not included. Please refer to the ALPR Solution Attachment for further details  Anys sales tansactiont avhorizes followingM Cusiomert Molorola'ss top purchase quoleisb basede equipments on ands andiors shjectiothet sevies Merms or license ande sofware conditions (collectively" ofchev validande executudw fno witlens Underlying contractb belween Customer axisis between Motorola (the" and Cuslo Molorola's StandardT Termso of Usea and Molorolars Standirdt Tems and Conditions Sales ands Supply shals govem thep ofthe Produ Ageemente cts  Motorolas Solvlions. Ine: 500V WestM Monroe, Uniteds Stales. 60661 -B:  Page 7    4  Franklin County AL Natura! Settingfor Opportunity EXECUTIVE SUMMARY  AGENDA TITLE: Pharmacy Equipment SUBJECT/PROPOSALREQUEST: Pharmacy Equipment  AGENDADATE: CONSENT AGENDA: Yes BOARD ACTION: INFORMATION: STAFF CONTACTIS): Sandy, Carter & Fowler REVIEWED BY:  September 17, 2024 Yes No Yes  Ratification of Emergency Procurement of Public Safety  Ratification of Emergency Procurement of Public Safety ATTACHMENTS:  STRATEGIC PLAN FOCUS AREA: F Dynamic Community Safety Strategic Economic Development Enhanced Educational Opportunities Responslble Government Operations Conserve & Promote Natural Assets Well Planned Growth BACKGROUND:  Christopher L. Whitlow, County Administratgr  C  Based on federal regulatory changes associated with the Drug Supply Chain Security Act, 21 U.S.C.S 351 et seq. (DSCSA), and the Protecting Patient Access to Emergency Medications Act, 21 U.S.C.S823, hospitals have indicated that they will nol longer provide and exchange drug kits with Emergency Medical Service (EMS) providers as of November 27, 2024, the date the U.S. Food and Drug Administration (FDA) has indicated that itwill begin enforcing additional requirements of the DSCSA impacting hospital pharmacies. This unique program to' Virginia, also known colloquially as prescription drug! boxes, has, for years, performed an important part of emergency service provision in' Virginia, which is also uniquely reliant upon volunteer EMS providers, as it allows EMS vehicles to ensure they are fully stocked to provide needed drugs to patients in transport or To comply with these new mandates, EMS agencies must obtain controlled substance registrations ("CSR") and subsequent registration from the DEA to purchase their own drug stock and transfer to associated EMS  ata accident sites. stations. DISCUSSION:  Backi in May 2024, staff advised the Board that Public Safety had been working with the Medical Director, Dr. Lane to develop plans to comply with new pharmacy requirements for licensed EMS agencies. These requirements will now require Franklin Counly Department of Public Safety (FCDPS) manage and maintain its own "pharmacy" for drugs used by EMS providers. This will require a' "pharmacy" location within the county as well as designated staff to manage and track the distribution and use of drugs including controlled substances. Formerly, hospitals would provide this "service" for EMS providers however this is now being  turned over to licensed EMS agencies to manage and govern.    Staff has been working through the specific requirements for this program and determining costs involved to comply with this unfunded mandate. As noted above, there is al November 2024 implementation date. Franklin County must obtain the CSR in order to operate an in-house pharmacy. Upon completion of the CSR, FCDPS must the secure al Drug Enforcement Administration (DEA) license to stock and distribute schedule II- Vidrugs. This mandate will require following DEA rules for logging and monitoring the drugs that are stored FCDPS looked at five (5) different companies that offered solutions for housing the drugs in the pharmacy and on the medic units while also tracking the drugs location, expiration date, lot number, and use. The requirements FCDPS required werei for both storage and tracking of the medications as an all-in system that could be used in the pharmacy and on the medic units. In addition, the ability to secure the drugs meant that the capsules needed to be tamper proof once logged into the system. The system also needed to eliminate CompX Security Products of Grayslake, Illinois was the only one of the five (5) companies who met all the  within the pharmacy and on the medic units.  the need for FCDPS to hire a pharmacy tech and be able to utilize existing personnel.  needs of FCDPS. What made CompX unique was thet following:  Auto enrolling of all drugs which requires zero manual entry by personnel. Automated inventory control and reports the usage of all drugs available in real time. Tracking the expiration dates and vial locations in real time. Uses color code RFID capsules for rapid use during a medical emergency.  Use existing HID PROX credentials.  All of these features while also providing a simple install box for each unit and the pharmacy that will This system is the one that the County's OMD, Dr. Lane, also recommends for the county to ensure our Staff has begun the necessary steps to comply with this mandate by filing the CSR application and scheduling an inspection, installing alarms and monitoring devices, etc. However, due to the time constraints created by this mandate and the anticipated delivery times (8-10weeks), the County initiated an emergency procurement process to advance the orderi for the needed pharmacy equipment and materials (see attached notice). The total estimated cost to implement the pharmacy and initial drug supply is $200,000. Funding has been  provide locked HID PROX security of the drugs.  compliance with! DEA regulations.  requested through fiscal year 2024 carry over funding for this project.  RECOMMENDAIION:  Staff respectfully recommends that the Board approve and ratify the purchase of CompX Security Systems to implement this new system and secure needed initial drug supplies. The purchase is procured under the authority of the County's procurement policy as emergency purchases and foregoing competitive sealed bidding or competitive negotiation. The funding for this emergency procurement will be requested separately  int the FY 2024 carryover funding agenda item. POSSIBLE BOARD ACTIONS: MOTION to APPROVE:  Imake a motion to approve and ratify the emergency procurement of the COMPX system to implement this  new system and secure needed initial drug supplies.    MOTION to TABLE: be provided. MOTION to DENY:  Imake a motion to table the emergency procurement of the COMPX system until additional information can  Imake a motion to deny the emergency procurement of the COMPX system.    Franklin County A Natural Settingfor Opportunity  September 3,2024  Emergency Procurement Notice  Franklin County has determined that an emergency procurement is needed for supplies to meet the new Drug Enforcement Administration: requirements regarding the operation of a pharmacy for emergency medicalresponse through the Franklin County Public Safety Department. Franklin County has determined that an emergency procurement award to Compx Security Products for the NARC iD system is necessary to meet the required November 27, 2024 implementation deadline. An emergency procurement is declared due to the lead time for equipment orders and delivery, al lack of staffing resources to operate other possible pharmacy options, and being the system recommended by the  County's licensing medical official. Biwsg Gh BrianJ J. Carter Deputy County Administrator  Brian J. Carter, CPA Deputy County Administrator 1255 Franklin Street, Suite 112 Rocky Mount, VAZ 24151 (540) 483-3030 brlan.carter@franklincountyvagow    5  Franklin County A/ Natural Settingfor Opportumity EXECUTIVE SUMMARY  AGENDA TITLE: Carilion Clinic's Certificate of Public Need for Kidney Transplant Services SUBJECT/PROPOSAL/REQUEST: Request for Resolution to Support Kidney Transplant Roanoke Memorial Hospital STRATEGIC PLANFOCUS/ AREA: M Dynamic Community Safety S Strategic Economic Development Enhanced Educational Opportunities Responsible Government Operations Conserve & Promote Natural Assets Well Planned Growth BACKGROUND:  AGENDA DATE: CONSENT/ AGENDA: Yes BOARD ACTION: INFORMATION: STAFF CONTACT(S): REVIEWED BY:  September 17, 2024 Yes No Yes  Services to be Provided by CarilionClinic at Carilion ATTACHMENTS:  Christopher L. Whitlow, County Administrator Christopher L. Whitlow, County Administratpr  y  Residents in Franklin County and surrounding counties rely on Carilion Clinic every day and, more specifically, Carilion Roanoke Memorial Hospital for complex and high quality healthcare needs. Chronic kidney disease is the 10th leading cause of death in this country. Unfortunately, there is a growing need across southwest Virginia, more specifically, Franklin County and surrounding counties, for kidney transplant services. Currently, the closest access to this care is located 2-4 hours away whichi is causing patients and families unsurmountable obstacles to receiving the critical  care so desperately needed. DISCUSSION:  Carilion is looking to help address this growing need in the Roanoke Valley. Carilion must demonstrate support for this project for the application to be successful. To that end, Carl Cline, Jr., Vice President of Carilion Clinic and Administrator of Carilion Franklin Memorial Hospital, has reached out to request the Board's support of Carilion Clinic's Certificate of Public Need Application tob bring these needed kidney transplant services to Southwest Virginia through its flagship hospital, Carilion Roanoke Memorial. If approved, this project will significantly improve the quality of life and healthcare needs of these patients and willi further increase healthcare employment opportunities for  the County. RECOMMENDATION:  County staff recommends that the Board pass a resolution, a copy of which is attached, in support of Carilion's endeavor to bring kidney transplant services to Carilion Roanoke Memorial Hospital.    POSSIBLE BOARD ACTIONS: MOTION to APPROVE:  Imake a motion to approve al Resolution of support for kidney transplant services to be provided by  CarlionClinic at Carilion Roanoke Memorial Hospital.  MOTIONto TABLE:  Imake a motion to table this issue until more information can be received.  MOTION to DENY:  imake a motion to deny this request.    RESOLUTION OF SUPPORT FOR KIDNEY TRANSPLANT SERVICES PROVIDED BY CARILION WHEREAS, Carilion Clinic is applying to the Commonwealth of Virginia for a Certifiçate of Public Need (COPN) to bring kidney transplant services to Southwest Virginia through its flagship WHEREAS, the Franklin County Board of Supervisors wishes toi improve access to, high-quality medical services including kidney transplant services for its residents and other citizens of the WHEREAS, the Centers for Disease Control and Prevention (CDC) estimate that 1 in7U.S. adults have chronic kidney disease, the 10th leading cause of death ini the country; and WHEREAS, in Virginia, there are currently over2,300 residents on the state's waitlist for WHEREAS, patients in Franklin County, VA and Southwest Virginia live hours from a transplant center, making it difficult to access criticalservices, resulting in long waitlist times and care WHEREAS, there is a growing need for kidney transplant services among Southwest Virginia's population, and local services will allow for more cost-effective and timely care; and WHEREAS, these services will increase the number of medical professionals and healthcare WHEREAS, Carilion Roanoke Memorial already provides highly complex medical services that include al Level One Trauma Center, a Level Three Neonatal Intensive Care Unit and 85 medical NOW, THEREFORE, BE IT RESOLVED, that Franklin County, Virginia, supports the plans and efforts of Carilion Clinic to establish kidney transplant services at Carilion Roanoke Memorial BEI ITFURTHER RESOLVED that the Franklin County Board of Supervisors enthusiastically supports the application of Carilion Clinic for a Certificate of Public Need (COPN) to bring kidney transplant services to Roanoke and Southwest Virginia and congratulates Carilion on its recognition by US News & World Report as the highest ranked hospital in Southwest Virginia  CLINIC AT CARILION ROANOKE MEMORIAL HOSPITAL  hospital, Carilion Roanoke Memorial Hospital; and  region; and  kidneys; and  complications; and  employment opportunities in the County and region; and  specialties.  Hospital.  and one of the top hospitals in the Commonwealth of Virginia.  Adopted this 17th day of September, 2024    HELP CARILION BRING  KIDNEY TRANSPLANT SERVICES TO SOUTHWEST VIRGINIA The Centers for Disease Control and Prevention (CDC) estimate that 1 in7U.S, adults have chronic kdney disease. Itist the 10th leading cause of death in the country. in Virgin'a, there are currently over 2,300 residents on the state's waitlist for kidneys. Nationally and regionally, kidney Carilion Clinci has filed a Cert ficate of Public Need application (COPN Request No. VA-8745)to bring! kidney transplant services to Southwest Virginia through our flagship hospital, Carilion Roanoke. Memorial Hospital (CRMH). Currently, patients in the region travel at least 2 hours for kidney transplants services Al kidney transplant program would complement Carlion's sophisticated care (Level 11 Trauma Center, Neonatal Intensive Care Unit and 85 specialties), offering access to critical: services that residents of Southwest Virginia deserve.  disease isi increasing.  Based on current demographic data and community health assessments, itis clear that Southwest Virginia  residents withl kidney falure lack adequate resources For 79% of kidney transplant patients in Southwest Virginia, accessing services they needr requiresa2 2to 4-hour drive. Limited access to services close to home results in long waitlist times The need for kdney transplants in the reg on is expected to increase  The process of getting a kidney transplant begins long before the actual surgery, and care continues for the remainder ofa transplant patient's life. Thisj journey has physical, emotional and financial effects on patients and their families, andl long-distance travel IS an  and complicates care. bynearly 35% over ther next Syears.  added stress.  IFAPPROVED, THIS PROGRAM WILL:  Allow kidney transplants at CRMH, bringing access to care close to home for Improve health outcomes and help patients and familles save time and money. Complement CRMH's array of care, Including highly complex services like lts Level One Trauma Center, Level Three Neonatal Intensive Care Unit and 85  residents of Southwest Virginia and beyond.  medical specialtles.  WE NEED YOUR SUPPORT! HELP US TODAY BY SUBMITTING AN EMAIL OF SUPPORT! Inorder for Carilion to be approved by the Virginia Department of Healthto perform kidney transplants, it's important to show your support. You can do 5o by submitting an email through the website below. Select one or more of the topics on the website. make any edits and submit the email. We appreciateyour support in! helping us bring this vital service to our region! Visit: kidneyrransplant5WVA.org to voice your support!  CARILION    6  Franklin County A Natura! Settingfor Opporiunity EXECUTIVE SUMMARY  AGENDA TITLE:  AGENDADATE: CONSENTAGENDA: Yes BOARD ACTION: INFORMATION: ATTACHMENTS: STAFF CONTACTIS): Kay Chitwood, Registrar REVIEWED BY:  September 17, 2024 Yes No Yes  Electronic Pollbook Maintenance Contract Approval SUBJECTIPROPOSALREQUEST: Request Board approval of electronic pollbook maintenance contract STRATEGIC PLANFOCUSAREA: Dynamic Community Safety Strategic Economic Development Enhanced Educational Opportunities M. Responsible Govemnment Operations Conserve & Promote Natural Assets Well Planned Growth BACKGROUND:  Christopher L. Whitlow, County Administrator  -  Cw  In2021, thel Board of Supervisors approved the purchase of new electronic pollbooks from DemTech to replace previous pollbooks provided by VR Systems. The Electoral Board and Registrar have budgeted for an annual maintenance contract for these electronic pollbooks each year to keep these  machines up to date with current software and polling requirements.  DISCUSSION:  This year the company providing the annual maintenance contract has changed ownership. Subsequently, a new contract with Calvacere has been prepared. This new contract has been Funding is budgeted in FY 24-25 for the annual electronic pollbook maintenance contract.  reviewed by the County Attorney.  RECOMMENDATION:  Staff respectfully requests Board approval of the annual electronic pollbook maintenance contract with Calvacere in the amount of $10,512 and to authorize the Registrar and County Attorney to  execute documents as needed.    POSSIBLE BOARD ACTIONS: MOTION to APPROVE:  Imake a motion to approve the annual pollbook maintenance contract with Calvacere in the amount of $10,512 and to authorize the County Administrator, Registrar, and County Attorney to execute  documents as needed. MOTION to TABLE:  imake a motion to table the proposed request until additional information can be provided.  MOTION to DENY:  Imake a motion to deny the request.    INVOICE Calvacere Inc 4501 McCann Rd Unit6 6783 Longvlew. TX7 75608-5216  Pha.monsoneaskasecon +1 (301)902-0442 www.calvacere.com  Calvacere OUALITY FIRST  Bill to FRANKLIN COUNTY 1255 Franklin Street Suite 106 Rocky! Mount, VA24151  Invoice details Invoice no.: 1023 Terms: Net 30 Invoice date: 08/19/2024 Due date: 09/18/2024 Product or service ePOIITAB 1.x Maintenance and Support- -Virginia  Description  Oty 72  Rate $146.00 $10,512.00  Amount  101 Months Maintenance and Supportf for version 1.x electronic poll book software Virginia Sept istlo. June 30th 2025. Slandard rate $175 for 12 months discounted rate lor 10 months = $146.  Total  $10,512.00  Calvacere Payment Details: Wells Fargo Bank, NA (222) P.O Box 6995 Porlland OR 97228 Account No: 8814432319 RTN: 031100869 Wire Transfer: 121000248    Calvacere  Calvacere Inc - CONTRACTUAL TERMS & CONDITIONS OF SUPPLY SOFTWARE, HARDWARE SUPPLY, MAINTENANCE, SERVICE LEVEL & LICENSE  AGREEMENT  This SOFTWARE, HARDWARE SUPPLY AND MAINTENANCE AGREEMENT ("Agreement") ise entered into as of date of Customer signature onp.15(Elfective Date"), between  (1) CALVACERE INC a Delaware corporation, with business address at 4501 McCann Road,  #6783, Longview, TX75608 and  (2) FRANKLIN COUNTY, Virginia, of address: 1255 Franklin Street, Suite 106, Rocky Mount,  VA24151 ("Customer). 1.INTRODUCTION  1.1 Agreement. This Agreement (including any Order Form, Statement of Work or Appendix attached hereto or entered into in connection with this Agreement) establishes the terms under which Calvacere will procure delivery and Customer may use the Software and Hardware, and under which Calvacere will maintain the Software and Hardware and provide professional 1.2 Order Forms; Purchase Orders. The Calvacere software and hardware products and components which Customer is authorized to use, the license fees, maintenance fees, professional services fees, and any special terms of this Agreement will be specified in one or more Order Forms signed by both parties and any Statement of Work entered into in connection with this Agreement. Such Order Form represents a binding commitment to purchase the Software, Hardware, and/or services described therein. The terms of any such Order Form are IfCalvacere agrees to provide professional services to Customer, they will be provided pursuant tot the terms of an Order Form or Statement of Work executed by both parties (or as the case may be where signed by Calvacere and separately confirmed in writing as accepted by Customer), provided that a Statement of Work shall not be required for installation services. In regard to any cloud-based hosting services, the terms of such service levels are as set out in the Service Level In no event shall any Customer document, supplemental, or inconsistent terms and conditions contained in any purchase order or similar document issued by Customer be binding upon Calvacere unless expressly referred to herein. Calvacere's delivery of Software, Hardware, or services pursuant to such a purchase order or similar document by Customer shall not constitute  services if requested.  incorporated herein by reference.  Appendix.  acceptance of, and Calvacere hereby rejects, any such terms.  Calvacere I Calvacere.com    Calvacere  1.3 State Code &, Jurisdiction epislalvereguirements: Where there shall be any conflict between the terms of this Agreement and Customer's standard terms and conditions so far as mandated by State code or other legislative regulation only then would Customer's standard terms and conditions so mandated control. However, such terms shall be added to this Agreement by way 1.4 Supply. Calvacere hereby agrees to supply and Customer agrees to pay for the Hardware, Software, and Services specified in the agreed Order Form in accordance with the terms of that Order Form and as set out herein. Any Hardware and ongoing support stated in the Order Form that is to be supplied by a third party directly to Customer shall be govemed by separate agreement tol be enteredi into between Customer: and the third-party hardwares supplier. The Order  of Appendix.  Form shall clearly state where this situation may apply.  2. DEFINITIONS  2.1 "Confidential Information" means the business, technical and financial information belonging tot the disclosing party and its licensors, including without limitation, all Software, source code, inventions, algorithms, know-how and ideas, that is designated in writing as confidential, or that is disclosed in a manner that a reasonable person would understand the confidentiality of the information disclosed. Confidential Information does not include information that () is previously rightfully known to the receiving party without restriction on disclosure, (ii) is or becomes known tot the general public, through no act or omission on the part of the reçeiving party, (ii) is disclosed to the receiving party by a third party without breach of any separate nondisclosure obligation, or 2.2 Documentation" means any administration guides, installation and user guides, and release 2.3 "Error" means a failure of the unmodified Software to operate as described in the Documentation in all material respects, provided that such condition is reported by Customer to Calvacere during an annual Maintenance Term and can be verified by both Parties. The further 2.4 "Hardware" means any and all hardware specified in an Order Form or purchase order, 2.5 "Intellectual Property Rights" means patents, design patents, copyrights, trademarks, Confidential Information, know-how, trade secrets, moral rights, and any other intellectual 2.6 "Maintenance" means the technical support, Error correction, Hardware and Software maintenance services provided hereunder during any Maintenance Term and Hardware 2.7 "Order Form" means a written quotation which has been agreed by the Parties in the form of an agreed purchase order, or other similar written confirmation of Customer and Calvacere's agreement of Items to be supplied and prices and in conjunction with this Agreement.  (iv) is independently developed by the recelving party.  notes that are normally provided by Calvacere to end users of the Software.  definition and classification of Errors is set forth in the Maintenance Appendix.  excluding any Software installed thereon.  property rights recognized in any country or jurisdiction in the world. Maintenance Term, as described in the Maintenance Appendix.  Calvacere I Calvacere.com    Calvacere  2.7 "Release" means a major new version of the Software that, in the discretion of Calvacere, is represented by a change to the left of the decimal point in the version number of the Software (e.g., x.0 to y.0). Calvacere will maintain and support the current Release and at its discretion, 2.8 "Services" means installation, customization, and other professional services and facilities to be performed or provided by Calvacere pursuant to an applicable Order Form or Statement of Work agreed and accepted by the Parties, provided that a Statement of Work shall not be required 2.9 "Service Level" means the level of availability and response times regarding those Services Calvacere agrees to provide to Customer by means of cloud service provision (stated in the Order Form) in connection with the use of its Software operability, the terms of which are more fully set 2.9 "Software" means the Calvacere products, components and modules identified in an Order Form or purchase order, excluding any Hardware. The term "Software" also includes any Error corrections, patches, workarounds, Updates, Upgrades and Releases provided by Calvacere to Customer as part of Maintenance or as specified in an applicable Order Form. Error corrections, patches, workarounds, Updates, Upgrades and Releases will be provided on a when and if 2.10 "Update" means an update, enhancement, modification, bug-ix, patch, or Error correction that Calvacere makes generally available to end users of the Software to whom Calvacere owes as support obligation, but excludes hardware, software or services for which Calvacere would generally charge an additional fee. Updates shall be deemed to be Software for purposes of the 2.11 "Upgrade" means a revision of the Software to improve the existing functionality of the Software. "Upgrade" does not include (1) any separately priced product or module offered by Calvacere that is not included in an Order Form under this Agreement (ie., Calvacere products that have not been purchased by Customer); (i) any new, separately priced Calvacere product or module released during the term of this Agreement; and (li) any product or module that provides substantial new functionality not included in the Software previously licensed to Customer. 2.12 Workaround" means a procedural change, modification, or patch for a particular version of the Software, which may be of a temporary or interim nature, to help avoid an Error.  one Release below the current release of the Software.  fori installation services.  outi in the Service Level Appendix.  available basis.  Agreement.  3. LICENSE GRANTS AND RESTRICTIONS  3.1 License. There are no implied licenses under this Agreement and Calvacere andi its licensors reserve all rights, title and interest in and to the Software not expressly granted to Customer under this Agreement. All Software licensed pursuant to this Agreement is unpublished copyrighted material, constitutes trade secrets and proprietary data of Calvacere and is Confidential Information of Calvacere. Subject to Customer's compliance with the terms and conditions of this Agreement, Calvacere grants to Customer a perpetual, worldwide, non-exclusive, non- sublicensable, non-translerable license as set forth herein, Save and Except in the case of cioud- based Software provided by Calvaçere, the license herein granted is not perpetual but only  Calvacere I Calvacere.com    Calvaçere  subscription-based duration so that it shall continue only for the period of subscription stated in the Order Form/continuing payment therefor, and subject to the terms and conditions of this  Agreement.  3.2 License to Use Software.  3.2.1 Customer may use the Software only () in accordance with the Documentation, (ii) for Customer's internai business purposes and (H) on thel Hardware either purchased from Calvacere pursuant to an applicable Order Form or otherwise hardware which Calvacere shall first approve inwriting as suitable for use thereon. In the case of cloud-based Software provided by Calvacere, Customer shall use () in accordance with the Documentation and (i) for Customer's internal business purposes for the subscription period term specified in the Order Form. 3.2.2 Customer has no right to receive, use or examine any source code or design documentation relating to the Software, save that where required by state or other legislative provision for certification of the software, Calvacere shall provide the same for review by an appropriately 3.2.3 Customer may make a reasonable number of copies of the Documentation in support of Customer's authorized use of the Software, provided that Customer does not remove any of 3.3 Restrictions. Customer will not and will not allow a third party to: () decompile, reverse engineer, disassemble or otherwise attempt to derive, analyze, or use any source code or underlying ideas or algorithms related to the Software by any means whatsoever (except to the extent that such restrictions are prohibited by applicable statutory law); (i) remove or alter any product identification, copyright or other notices; (ii) use or allow the use of the Software by or for the benefit of third parties, including without limitation by renting, leasing, lending, timesharing, or using for service bureau purposes; (iv) except as specified in the Documentation provided by Calvacere, incorporate into or with other software any part of the Software; (v) collect or disseminate benchmark performance information or analysis for purposes other than internal issue resolution or as requested by Calvacere or as required by State legislation relating to operation of public elections; (vi) reproduce the Software; (vi) sell, distribute, translate or market the Software; (vi) modify or create derivative works based on the Software (except for applications that were developed by Customer as set forth in the Documentation and with written approval by Calvaçere); (ix) install any other software on the Hardware, or modify or use the Hardware for any other purpose not expressly permitted in the Documentation, or install or use the Software installed on the Hardware on any hardware not provided or approved by Calvacere; or (x) use the Software outside of any field of use specified in an Order Form. Customer agrees to ensure that there is no breach, compromise, or violation, by Customer employees, consultants, or independent contractors, of such obligations and Calvacere's rights and title to the Software. Customer shall be responsible for any breach, compromise or violation of this Agreement by any  qualified independent certification agent.  Calvacere's proprietary notices from the Documentation.  employees, consultants, or independent contractors of Customer.  4. HARDWARE  Calvacere 1 Calvacere.com    Calvacere  Calvacere will provide to Customer the Hardware, as specified in one or more Order Forms agreed by both Parties. All shipments of Products purchased or licensed pursuant to this Agreement will be made F.O.B. Customer's designated facility. Calvacere shall prepay all shipping and insurance and will include the charges in Customer's invoice. Following delivery to Customer's designated facility, immediately upon arrival, risk of loss or damage shall immediately pass to Customer and Customer shall from that point assume all responsibility for security protection and insurance of the Hardware and Software installed thereon. It shall be Customer's responsibility to sign for acceptance of such delivery and to check all contents match the delivery note schedule and to notify Calvacere of any deficiencies or obvious damage reasonably discoverable from such examination. Customer shall notify Calvacere in writing of any such discrepancies or damage not later than the end of the next working day following delivery. If Customer sells or transfers ownership of Hardware to ai third party for any reason, Customer must delete all Software and any other products or software licensed by or through Calvacere, from the S.INSTALLATION, SITE PREPARATION, USER ACCEPTANCE TESTING AND TRAINING 5.1 Installation. Where Hardware is provided by Calvacere as specified in an applicable Order Form, Calvacere shall ensure delivery to Customer's designated site with Hardware and Software pre-installed. If Customer's own hardware is being utilized for operation of the Software, or the Parties otherwise agree, then Calvacere shall with Customer's co-operation carry out on-site installation of the Soflware. Installation Services are not included in the purchase price unless otherwise indicated on one of the Order Forms agreed by both Parties. Calvaçere will use commercially reasonable efforts to provide installation services where Customer's own hardware is being utilized but any additional time required by Calvacere personnel to carry out installation on to Customer's hardware shall (where not included in the Order Form), be subject to additional Customer shall have the responsibility to prepare the site environmentally and provide the required services, power, Internet connectivity, permits, licenses, equipment to move and unpack thel Hardware, and the like. Failure to provide such site preparation services will result in a service charge by Calvacere at its standard hourly rates to cover lost time of its service personnel. Customer shall maintain its premises in a safe condition and comply with all applicable laws, 5.2 User Acceptance Testing. Calvacere personnel and Customer shall upon delivery and unpacking of Hardware, proceed to carry out immediate User Acceptance Testing (UAT) of the Hardware (or as the case may be Customer's own hardware) with Software installed. Hardware shall be powered up and Calvacere and Customer shall run through an end-to-end test of the combined Hardware and Software to ensure it is in working order and operable in accordance with the applicable Documentation provided to the Customer by Calvacere. In the event that any problems are encountered with Hardware or Software supplied and not working properly and determined to be Calvaçere's fault, Calvacere shall arrange for replacement Hardware to be supplied and/or to fix the Software at its own cost in accordance with the warranty set out in clause 6below. Such replacement or fixes shall be undertaken in a timely manner having regard to Customer's lead time for its use in any pending election. Upon completion of satisfactory UAT,  Hardware prior to sale or transfer to the third party.  charge at Calvacere's applicable hourly rate for such work.  statutes, and regulations governing workplace health and safety.  Calvacere I Calvacere.com    Calvacere  Calvacere and Customer shall complete and sign a UAT certificate with any additional 5.3 Training. Initial training on the proper use of the Software and Hardware provided by Calvacere will be provided on-site to be pre-arranged before the delivery and installation date of supply. The cost ofi initial on-site training will be provided fori in any applicable Order Form. Where such costs are noti included in the purchase price on such Order Form, on-site initial training may be subject to additional charge at Calvacere's standard hourly rates (subject to a minimum of 1 day [8 hours) charge). Such initial training shall be agreed in advance between Calvacere and Customer as appropriate for the size of the Customer jurisdiction and number of personnel required to be trained. This may include a 'train the trainer' approach to initial training as well as poll worker training. Post-installation refresher training (where not included in the cost stated on the applicable Order Form, shall be subject to additional charge to be agreed between Calvacere 5.4 Cloud Based Software as a Service. Where Calvacere shall provide solely cloud-based software services to Customer, those services shall be set up by Calvacere for Customer based on the feature and functionality offered and agreed in the Order Form and as further set out in detail in the Documentation. During the initial onboarding process, Customer generated data is configured and hosted on the cloud-based Software platform. Customer is given either on-line or in person training on a similar 'train the trainer' basis and followed by full UAT. Once UAT sign- off has occurred, the system will be made available for live elections throughout the period stated  requirements for action as a result of the UAT process conducted.  and Customer.  int the Order Form as agreed in writing with Customer. 6. LIMITED WARRANTY & DISCLAIMER  6.1 Limited Warranty. Calvacere warrants to Customer that: (i) the Software and Hardware will materially perform in accordance with the applicable Documentation for twelve (12) months after initial delivery (or in the case of cloud-based Software, after UAT sign off and live service availability) to Customer (initial warranty period); (i) any Services performed by Calvacere hereunder will be performed in a professional manner, in accordance with general industry standards. Specifically in the case of cloud-based Software provided under a subscription model, 6.2 Exclusions. Calvacere's warranties in this Section 6 shall not extend to problems that result from: () Customer's failure to implement all Updates issued by Calvacere during the warranty period; (ii) any alterations or additions to the Software or Hardware not performed by or at the direction of Calvacere; (ii) the relocation, movement or modification of any fixed component of thel Hardware by any party other than Calvacere or a party approved by Calvacere; (iv) failures in operation of the Software that are not reproducible by Calvacere; (v) Software or Hardware operated in violation of this Agreement or not in accordance with Documentation therefor or applicable Order Form; (vi) failures which are caused by Customer's software or other software, hardware or products not licensed or provided hereunder, or (vi) defects caused to Software or Hardwaret by Customermisuse or Customer ocasionedaccidental damage following acceptance  the service warranty shall apply only for the subscription period.  Calvacere I Calvacere.com    Calvacere  and UAT sign off. Any work performed by Calvacere as a result of these exclusions will be  pursuant to a Statement of Work executed by both Parties.  6.3 Remedies.  6.3.1 Initial Warranty Period. For any Software Hardware or Services not in conformance with this Section 6, Calvacere will, at its discretion and cost, either repair andlor replace the Software, Hardware or both, if necessary, or ensure any interruption or reduction in their use or in service is remedied in accordance with the priorities and terms stated in the Maintenance (and if applicable) Service Level Appendices hereto, as applicable. This is Customer's exclusive remedy, and Calvacere's sole liability arising in connection with the limited warranties herein. 6.3.2 Post Initial Warranty Period - Software After expiration of the initial warranty period of 12 months, where Customer pays Annual Maintenance for Software support, the terms of the Maintenance Appendix shall also similarly apply to deal with problems in relation to the Software. 6.3.2 Post Initial Warranty Period - Hardware. After expiration of the initial warranty period of12 months, where Customer pays for any extended Hardware warranty, then to the extent of that extended warranty period, the terms of the Maintenance Appendix shall apply to deal with 6.4 Disclaimer of Warranty. EXCEPT AS SET OUT IN THIS AGREEMENT, CALVACERE SOFTWARE IS PROVIDED "AS IS" AND CALVACERE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. CALVACERE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CALVACERE MAKES NO WARRANTY OF ANY KIND THAT CALVACERE'S INTELLECTUAL PROPERTY, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDEDRESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE. THE SOFTWARE ISPROVIDED TO CUSTOMER WITH THE UNDERSTANDING THAT CALVACERE MAKES NO WARRANTIES OTHER THAN WHAT IS SET FORTH IN THIS AGREEMENT, REGARDLESS WHETHER EXPRESS OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS,  Hardware repair and replacement as set out therein.  RELIABILITY, OR SUITABILITY OF THE SOFTWARE.  7.OWNERSHIP  7.1 Calvacere Ownership of Software. Calvacere retains all rights, title, and interest, and all Intellectual Property Rights, in the Software and Documentation, including any modifications, enhancements, maintenance releases, Error corrections, patches, Releases, Workarounds, 7.2 Customer Ownership of Hardware. Upon payment in full to Calvacere (or where applicable to the designated third party supplier) in respect of the Hardware, Customer shall obtain full title  Updates and Upgrades thereto. toand ownership of the Hardware.  Calvacere I Calvacere.com    Calvacere  7.3 Customer Ownership of Customer Materials. Customer will retain ownership of all right, title and interest, and all Intellectual Property Rights, to all data processed by the operation of the Software, Hardware and Services supplied by Calvacere (the "Customer Materials"). 7.4 Third PartySoftware. Customer's license to third-party software thati is installed on, embedded within or used in connection with its Software or Hardware (operating systems and the like) will be governed exclusively by the terms of the separate software liçense agreements of the third party, and such licenses may be shipped with the Software or Hardware, and no liability will fall 7.5 Intellectual Property. No provision oft this Agreement shall be deemed to assign, transfer, or license (directly or by implication, estoppel or otherwise, whether under any copyright, patent, patent application, or otherwise) any right, title, or interest in any intellectual property rights from or to any Party. Customer acknowledges and agrees that the copyright, patent, trade secret, and all otheri intellectual property rights of any nature in Calvaçere's Software and Documentation and derivatives thereof, are and shall remain the property of Calvacere, and nothing in this Agreement should be construed as transferring any aspects of such rights to Customer or any third party. As between the Parties, all intellectual property rights in any inventions or materials authored, discovered, or reduced to practice in connection with this Agreement willl be owned as determined by applicable United States law, including 17 U.S.C. $201 and 35 U.S.C. $ 100 et seq.  upon Calvacere.  8. PAYMENT of the Order Form.  8.1 Hardware Supply, Soffware licensing and associated costs stated in Order Form; Except where stated otherwise on an Order Form, all such costs are invoiced upon signed açceptance 8.2 Maintenance Fees; For the first year, these will bei inclusive within the purchase price quoted as part of the warranty in clause 6 above. Thereafter Annual Maintenance fees will be subject to any rates that may have been quoted in the Order Form but if not stated in the Order Form then at Calvacere prevailing annual rate as applicable on renewal anniversary and shall be due annually in advance no later than the renewal of the Maintenance Term as specified in Section 8.3 Services Fees. The fees for the Services (including agreed cloud-based subscription Software) shall be set forth in the Order Form(s) or Statement(s) of Work, provided that a Statement of Work shall not be required for installation services. If the scope of Services changes from what is defined in an Order Form or Statement of Work, Calvacere will seek to agree in advance any charges prior to commencement of that work but excluding work covered by warranty or within the stated int the Maintenance Appendix, Calvaçere reserves the right to charge for any additional work requested at Calvacere's standard daily hourly rates then appliçable. 8.4 Payment Terms and Interest. All invoices are payable upon the later of either: net thirty (30) days after the invoice date, or UAT sign-off (provided that Customer does not delay the UAT process beyond 5 days from agreed delivery date where Calvacere shall be ready willing and  9.2 below.  Calvacere I Calvacere.com    Calvacere  able to conduct the same). Without limiting any other remedies, payments received later than the due date will accrue late charges at the maximum rate allowed under law, until the date paid. 8.5Taxes. Fees are exclusive of all taxes, levies or duties, and Customer will be responsible for payment of such taxes, levies or duties, excluding only U.S. taxes based solely upon Calvacere's income. If Calvaçere has the legal obligation to pay or collect taxes for which Customer is responsible pursuant to this Section 8.4, Calvacere will invoice the amount of such taxes to Customer, and Customer agrees to pay such amount, uniess Customer provides Calvacere a valid tax exemption certificate authorized by the appropriate taxing authority. Calvacere acknowledges that Customer has a tax exempt status and therefore no additional taxes shall be 8.6 Currency. Unless otherwise specified in an Order Form or purchase order, all fees are payable  due on the supply of products and services hereunder.  in U.S. Dollars.  9. TERM. AND TERMINATION  9.1 License Term. Subject to due compliance with the provisions of this Agreement, the term of all licenses granted hereunder will be perpetual, except for cloud-based subscription Software licenses which shall be limited to the period of subscription stated in the Order Form.  9.2 Maintenance Terms.  9.2.1 Software. The "Maintenance Term" shall be one (1) year from the date of UAT signed by both parties. Thereafter, Maintenance services will automatically renew for successive periods of one (1) year, at Calvacere's then current fees (or as the case may be the fees quoted in the initial Order Form signed by the Parties, if specified), unless either Party gives written notice of non- renewal not less than thirty (30) days nor more than sixly (60) days prior to the expiration of the then current Maintenance Term. At any time post the one (1)) year warranty expiry and subject to continuing payment of Maintenance Fees to Calvacere, both parties may mutually agree to amend the Maintenance Term renewal anniversary date to coincide with Customer financial year start 9.2.2 Hardware. The "Hardware Maintenance Term" shall be one (1) year from the date of UAT signed by both Parties. Thereafter Maintenance services will be only for such period as specified 9.3 Termination. Either party may terminate this Agreement immediately on written notice and the licenses granted hereunder if the other party (i) becomes insolvent and becomes unwilling or unable to meet its obligations under this Agreement, (ii) files a petition in bankruptcy, (ii) is subject to thet filing of ani involuntary petition for bankruptcy which is not rescinded within a period oft forty- --five (45) days, (iv) fails to cure a material breach of any material term or condition of this Agreement within thirty (30) days of receipt of written notice specifying such breach, or (v) materially breaches its obligations of confidentiality hereunder. Cloud based subscription Software services will terminate automatically upon expiration of the agreed subscription period statedint the Order Form unless prior terminationhas occurred for any of the reasons stated above  dates for Customer budget planning convenience.  in any Hardware extended warranty purchased by Customer.  in this clause 9.3.  Calvacere I Calvacere.com    Calvacere  9.4 Termination for Breach. In the event that either Party believes that the other has breached any provision and/or obligations under this Agreement, or if Calvacere believes that Customer has exceeded the scope of the Agreement, such Party shall so notify the breaching Party in writing, via certified mail and electronic mail, that clearly states "Alleged Breach of Agreement, Notice to Cure." Int the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement by giving 30 days' prior written notice to the breaching Party; provided, however, that this Agreement shall not terminate if the breaching Party has cured the breach prior to the expiration of such 30-day period and the Agreement continues to remain in effect. However, if the breaching Parly believes that it has performed its best efforts and has cured the breach, and the issuing Party is unreasonable in granting acceptance of the cure, then such dispute shall be resolved in accordance with this Agreement under the dispute resolution provisions of this Agreement. In lieu of termination, the non-breaching Party may suspend performance under this Agreement by such written notice until the breaching Party has cured the 9.5! Effects ofTermination. Upon termination ofi this Agreement for any reason, any amounts owed to Calvacere under this Agreement before such termination will be immediately due and payable. Ift the termination was made by Calvacere based upon the provisions of Section 9.3 or 9.4, all licensed rights granted in this Agreement will immediately cease, and Customer will promptly discontinue all use of the Software and Documentation, erase all copies of the Software from the Hardware, and return to Calvacere or destroy all copies of the Software, Documentation and any other Calvaçere Confidential Information on tangible media in Customer's possession or control and certifyi in writing to Calvacere that itl has fully complied with these requirements. Where cloud- based subscription Software is involved, termination will allow Customer 30 days to extract and secure Customer data. Thereafter all Customer data relating to the subscription will be removed 9.6 Survival. Except as set forth to the contrary herein, the Parties understand and agree that all terms and conditions of this Agreement, which by reasonable implication contemplate continued performance or compliance beyond the termination of this Agreement (by expiration of the term or otherwise) shall survive such termination and shall continue to be enforceable as provided herein), including but not limited to: 6.4 (Disclaimer), 7 (Ownership), 8( (Payment), 9.5 (Effects of Termination), 9.6 (Survival), 10 (Limitations of Liability), 11 (Indemnfication), 12 (Confidentiality)  breach.  ina accordance with data handling best practice requirements.  and 13 (General).  10. LIMITATIONS OF LIABILITY  10.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY (EXCEPT WHERE AND TO THE EXTENT THAT THE BELOW LIABILITIES ARE COVERED BY CALVACERE'S EXISTING INSURANCE PROVISION), CALVACERE AND ITS SUPPLIERS WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY CONTRACT, NEGLIGENCE, STRICTLIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR(I)ANY AMOUNTS IN EXCESS, IN THE AGGREGATE, OF THE FEES PAID BY CUSTOMER HEREUNDER; (II) ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, RELIANCE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TOLOSS OF PROFITS; LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN  Calvacere I - Calvacere.com    Calvacere  CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR INABILITY TO USE DATA) ARISING FROM THIS AGREEMENT, IRRESPECTIVE OF WHETHER THE AFFECTED PARTY HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; (IV)LOSS, INACCURACY, OR CORRUPTION OF DATA OR INTERRUPTION OF USE; OR (V) ANY MATTER BEYOND ITS REASONABLE CONTROL. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT 10.2 Limit of Liability. Notwithstanding anything set forth in this Agreement (save and to the extent that such liabilities are covered by Calvacere's existing insurance), Calvacere's maximum liability in the aggregate for any claim arising under or otherwise related to this Agreement shall in no event exceed the amount of monies received by Calvacere under this Agreement in the 12  LIABILITY, MISREPRESENTATION. AND OTHER TORTS.  months prior to such claim. 11. INDEMNIFICATION  11.1 Indemnity. Calvacere will defend, indemnify and hold Customer harmless against any third- party claims, liabilities or expenses incurred (including reasonable attorneys' fees), as well as amounts finally awarded in a settlement or by a court arising from any claim or allegation by a third party that the Software infringes or misappropriates a valid United States patent, copyright or trade secret right of a third party; provided that Customer gives Calvacere: (i) prompt written notice of any such claim or allegation; (ii) control of the defense and settlement thereof; and (ii) reasonable assistance in such defense or settiement. If any Software becomes or, in Calvacere's opinion, is likely to become the subject of an injunction, Calvacere may, at its option, (a) procure for Customer the right to continue using such Software, (b) replace or modify such Software sO that it becomes non--infringing without substantially compromising its functionality, or, if(a) and (b) are not reasonably available to Calvacere, then (c) terminate Customer's license to the allegedly infringing Software and refund to Customer the Customer Fees actually paid for such infringing Software. The foregoing states the entire liability of Calvaçere with respect to infringement of patents, copyrights, trade secrets or other intellectual property rights. 11.2 Exclusions. The foregoing obligations shall not apply to: (i) Software modified by any party other than Calvacere, if the alleged infringement relates to such modification, (ii) Software combined or bundled with any non--Calvacere products, processes or materials where the alleged infringement relates to such combination, (ii) the use of a non-Calvacere version of the Software, (iv) Software created to the specifications of Customer; or (v) infringement or  misappropriation of any proprietary right in which Customer has an interest.  12-CONFIDENTALITY  Except as expressly andunambiguously allowed herein, the receiving parly will hold in confidence and not use or disclose any Confidential information and shall similarly bind its employees, consultants, independent contractors, and clients in writing. Upon the expiration or terminationof this Agreement, all of the Confidential Information (including any copies) will be returned to the  Calvacere I Calvacere.com    Calvacere sy  disclosing party, and receiving party will make no further use of such materials. Ifrequired by law, the receiving party may disclose Confidential Information of the disclosing party, but will give adequate prior notice of such disclosure to the disclosing party to permit the disclosing party to intervene and to request protective orders or other confidential treatment thereof.  13. GENERAL  13.1 No Agency. Calvacere and Customer each acknowledge and agree that the relationship established by this Agreement is that ofi independent contractors, and nothing contained in this Agreement shall be construed to: ()give either party the power to direct or control the day-to-day activities of the other; (i) deem the parties to be acting as partners, joint venturers, co-owners or otherwise as participants in a joint undertaking; or (ili) permit either party or any of either party's officers, directors, employees, agents or representatives to create or assume any obligation on 13.2 Compliance with Laws. Each party agrees to comply with all applicable laws, regulations, and ordinances relating to their performance hereunder. Without limiting the foregoing, Customer warrants and covenants that it will comply with all then current laws and regulations of the United States and other jurisdictions relating or applicable to Customer's use of the Software including, without limitation, those concerning Intellectual Property Rights, invasion of privacy, defamation. 13.3 Force Maieure. Neither Party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, labor conditions, earthquakes, material shortages or any other cause which is beyond the reasonable 13.4 Notices. All notices given pursuant to this Agreement shall be in writing and may be hand delivered, or shall be deemed received within five (5) days after mailing if sent by registered or certified mail, return receipt requested. Ifany notice is sent by facsimile, confirmation copies must be sent by mail or hand delivery to the specified address. Either Party may from time to time change its notice address by written notice to the other party. Ifa notice is mailed, a copy shall also be sent by email. Email notices shall also be deemed acceptable when a reply by the receiving Party confirming receipt of a notice has been sent back to the sending Party (confirm 13.5 Confirmations. Upon request by Calvacere, Customer agrees to reasonably cooperate with Calvacere's auditors to confirm Customer's compliance with the terms and conditions of this 13.6 Governing Law: Venue and Jurisdiction; Waiver of Jury Trial. This Agreement will be govemed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding any choice of law provisions that may direct the application of any laws of any other jurisdiction. The exclusive venue for any disputes arising out of or related to this Agreement will be the state and federal courts located in the Commonwealth of Virginia, and the Parties irrevocably consent to jurisdiction and venue in such courts and waive any objection to the  behalf of or for the account of the other party for any purpose whatsoever.  control of such Party.  receipt confirmation is acceptable in lieu ofa a reply email).  Agreement and any associated Order Form(s) and Statement(s) ofWork.  Calvacere I Calvacere.com    Calvacere  jurisdiction and venue of such courts. In the event of any dispute or controversy arising out of or 13.7 Injunctive Relief. The parties agree that monetary damages would not be an adequate remedy for the breach of certain provisions of the Agreement, including, without limitation, all provisions concerning infringement, confidentiality and nondisclosure, or limitation on permitted use of the Software. The parties further agree that, in the event of such breach, injunctive relief would be necessary to prevent irreparable injury. Accordingly, either party shall have the right to seek injunctive relief or similar equitable remedies to enforce such party's rights under the pertinent provisions of the Agreement, without limiting its right to pursue any other legal remedies 13.8 Entire Agreement and Waiver. This Agreement and any schedules or appendices hereto, as well as all Order Forms and Statements of Work executed by both parties and referencing this Agreement, shall constitute the entire agreement and contains all terms and conditions between Calvacere and Customer with respect to the subject matter hereof and all prior agreements, representations, and statement with respect to such subject matter are superseded hereby. The terms of this Agreement shall control in the event of anyi inconsistency with the terms of any Order Form, Statement of Work, schedule or appendix. This Agreement may be changed only bywritten agreement signed by authorized representatives of both Calvacere and Customer. No failure of either party to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent 13.9 Severability. Int the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision. 13.10 Counterparts. This Agreement may be executed in any number of counterparts, each of which, when sO executed and delivered (including by facsimile or electronic transmission), shall be deemed an original, and all of which shall constitute the same agreement. 13.11 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the respective parties hereto, their respective successors and permitted assigns. 13.12 Assignment. Neither Party may, without the prior written consent of the other party (which shall not be unreasonably be withheld), assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be a material default of this Agreement and shall be void. Nolwithstanding the foregoing, a party may assign its rights and benefits and delegate its duties and obligations under this Agreement without the consent of the other party (i) if neçessary to satisfy the rules, regulations and/or orders of any federal, state or local governmental agency or body or (ii) in connection with a merger, reorganization or sale of all or substantially all relevant assets of the assigning party to which this Agreement relates; in each case provided that such successor assumes the assigning parly's obligations under this  relating to this Agreement, the Parties agree to waive the right to a jury trial.  available toi it.  breaches.  Agreement.  Calvacere I Calvacere.com    Calvacere  13.14 Personal Information Protection. Each Party will comply, and will ensure that its personnel and subcontractors, if any, comply with all applicable laws regarding the protection of personal 13.15 United States Government Users. Ifa user or licensee of the Software is an agency, department, or other entity of the United States Govemmenfovermen, the use, duplication, reproduction, release, modification, disclosure or transfer of the Software, or any related documentation of any kind, including technical data or manuals, is restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation 227.7202 for military agencies. The Software is commercial computer software and the related documentation is commercial computer software documentation. The use of the Software and related documentation is further restricted in accordance with the terms of this 13.16 Export. Customer agrees to abide by any restrictions or conditions respecting the export, re-export, or other transfer of the Software and Hardware disclosed and/or licensed to Customer ina accordance with this Agreement that are in effect now or are hereafter imposed by the United States Government, and will not export, re-export, or otherwise transfer the Software and Hardware, except in full compliance with all relevant U.S. laws and regulations.  information and privacy.  Agreement, and any modification hereto.  [SIGNATURE PAGE FOLLOWS)  Calvacere I Calvacere.com    Calvacere  AGREED AND ACCEPTED:  CUSTOMER Authorized Signature Name: Title: Date:  (Effective Date of this Agreement)  Calvacere Authorized Signature: R  Name: Dr John Morrison Title: CEO & President Date: August 28, 2024  Names and Addresses for Notices to Customer: Names and Addresses for Notices to Calvacere:  As stated on Page 1  As stated on Page 1 with a copy to be sent by email to: james hll@calvacere.com  [APPENDICES follow next page]  Calvacere I Calvacere.com    Calvacere  MAINTENANCE APPENDIX  This Maintenance Appendix details Calvacere's Software and Hardware Maintenance serviçes. 1. Definitions. Capitalized terms used in this Maintenance Appendix and not otherwise defined 1.1." "Authorized Contact" has the meaning assigned thereto in Section. 2.6(e) of this Maintenance 1.2. "Error" means a failure of the unmodified Software to operate as described in the Documentation in all material respects, provided that such condition is reported by Customer to Calvacere during an annual Maintenance Term and can be verified by both parties. 1.3. "Fix" means the repair or replacement of object or executable code within the Software to 1.4. Maintenance means (a) the provision of Updates related to the Software (when and if available); (b) assistance by telephone or internet with respect to the use of the Software and Hardware including without limitation (i) clarification of functions and features of the Software and Hardware, (i) clarification of the Documentation, and/or (ii) guidance in the operation of the  shall have the respective meaning assigned thereto in the Agreement.  Appendix.  remedy an Error.  Software and Hardware; and (c) Error verification, analysis and correction. 1.5. "Priority 1": means that the Software or Hardware is inoperable.  1.6. "Priority 2": means a problem with the Software or Hardware that causes a serious disruption 1.7. "Priority 3": means a non-critical problem in the Software or Hardware where Customer is able to continue to use the Software or Hardware and a Workaround is available and/or there is  but operations can continue in a degraded fashion.  limited operational impact.  1.8. "Priority 4": means a non-Priority 1,2or 3 condition. Friday, excluding U.S. Federal holidays.  1.9. "Service Hours" means 8:00 a.m. to 6:00 p.m. Eastern Standard Time, Monday through 1.10. "Support Call" means a telephone call, email or website notification from Customer to 1.11. "Support Reply Time" means the elapsed time during Service Hours between the receipt of as Support Call and the target time within which Calvacere begins Maintenance as verified by a  Calvacere in respect of a Priority 1, Priority 2, Priority 3 or Priority 4 problem.  verbal or email confirmation to Customer.  2.! Maintenance Services. For so long as Customer is current in payment of all Maintenance fees and subject to the terms and conditions of the Agreement, Customer will receive support as  specified herein.  Calvacere I - Calvacere.com    Calvacere  2.1. Customer Support Center. Customer shall appoint a reasonable number of trained individuals to serve as primary contacts between Customer and Calvacere regarding the registry and report of Support Calls (each an "Authorized Contact"). Calvacere shall receive Support Calls from an Authorized Contact and assign a priority level to the request during Service Hours. 2.2. Support Call Logging. Calvacere shall acknowiedge receipt of Support Calls by telephone or the same method that the Support Call was received with a tracking number within the Support 2.3. Support Reply Times. Support for the Software is available during Service Hours with the Priority Support Reply Time: Priority 1= 120 minutes, Priority 2 = 4 hours, Priority 3 = 24 hours, 2.4. Response. Following acknowledgement by Calvacere in response to a Support Call in respect of a Priority 1 problem, Calvacere will use commercially reasonable efforts to provide Customer with an urgent Workaround or Fix as soon as reasonably practicable, provided that Customer makes its Authorized Contacts available on-site to assist in problem resolution. Following acknowledgement of a Priority 2 or 3 problem, Calvacere will work using commercially reasonable efforts during Service Hours to provide Customer with a' Workaround or Fix. Following acknowledgement of a Priority 4 problem, Calvacere will use reasonable commercial efforts to incorporate any necessary changes with the next release of the Software, or provide a Fix or Calvacere Problem Escalation Procedure: Calvacere Client Support Center is dedicated to providing reactive and tailored support to suit each of its customers needs. Upon agreement of the nature and scope of each specific project Calvacere will provide Customer with further details ofi its Client Support procedures and all relevant contact information. However, as a baseline for reference in the event of Customer's need to escalate any support request, the following  Reply Times.  following Support Reply Times: Priority 4 =4 48 hours  Workaround thereto, in its sole discretion.  procedure is applicable: Support Incident Initial contact  Escalation Contact Calvacere field support officer Program Manager Calvacere Executive Director  Operational service level not met Calvaçere Executive escalation  Calvacere Client Support Manager or  Calvaçere I Calvacere.com    Calvacere  2.5. Exclusions. IfCalvacere believes that a problem reported by Customer may not be due to an Error in the Software or Hardware, Calvacere will sO notify Customer. Support does not include services requested as a resultof, orw withrespect to, causes which are nota attributable to Calvacere or the Software and/or Hardware ("Excluded Services"). Excluded Services will be billed to Customer at Calvaçere's then current rates. Causes which are not attributable to Calvacere or the Software and/ or Hardware include, but are not limited to: (i) modifications made by or at the direction of Customer, other thanmodifications made by Calvacere, to its operating environment, third party software or hardware that adversely affects the Software; (li) any allerations or additions to the Software or Hardware not performed by Calvacere; (ii) failures in operation of the Software that are not reproducible in standalone form; (iv) Software or Hardware thati is otherwise operated in violation of this Agreement or other than in accordance with the Documentation therefor; (v) failures which are caused by Customer or Customer's software or other software, hardware or products not licensed hereunder; or (vi) failures in Customer's software or software, hardware or products not licensed hereunder. Note If on-site support is requested this may be subject at Calvacere's discretion to an additional charge which shall be mutually agreed in writing 2.6. Customer Responsiblities. Calvacere's provision of Maintenance to Customer is subject to (a) Customer is responsible for providing sufficient information and data to allow Calvacere to readily reproduce all reported Errors and/or to provide the service which Calvacere is contracted to provide to Customer. Any access granted by Customer to Calvacere in regard to Customer's data shall be subject toj jurisdiction and State controls over confidential use thereof. (b) Customer shall provide Calvaçere with necessary access to the Software and Hardware, personnel and equipment during Service Hours. This access includes the ability to remotely access the Software and Hardware, subject to Customer's security procedures. (c)Customer shall document and promptly report all detected Errors to Calvacere. AtCalvacere's direction, Customer shall take all steps necessary to carry out procedures for the rectifiçation of Errors within a reasonable time after such procedures have been received from Calvaçere. (d) Customer shall properly train its personnel in the use and application of the Software or (e) All of Customer's Support Calls and Maintenance inquiries shall be initialized through the  and advance between Calvacere and the Customer.  thet following.  Hardware following any initial training provided by Calvaçere.  Authorized Contacts.  3. Hardware Repair and Replacement Services. During the Hardware Maintenance Term, Calvacere shall use reasonable commercial efforts to provide hardware support for the Hardware 3.1.Scope. The support services that Calvacere agrees to provide are repair services which are necessary because of any defect which exists in materials or workmanship in the Hardware and  as follows:  components of the Hardware.  Calvacere I Calvacere.com    Calvacere  3.2. Return. If Calvacere's support personnel determine that the reported issue is related to Hardware failure, Customer shall ship the failed Hardware to the address specified by Calvacere support personnel within three (3) days from receipt of the replacement Hardware. 3.3. Repair. Calvacere will use its reasonable commercial efforts to repair or replace failed Hardware within five (5) business days from the date of the specific determination of the problem. Calvacere reserves the right in its discretion to include in the repaired Hardware embedded software that is upgraded, modified, or different and hardware components that may be new, repaired, or refurbished, provided that the repaired Hardware will have the same compatibility as the failed Hardware and will offer the same functionality as the failed Hardware did when 3.4. Customer Replaceable/ Repairable Parts. Calvacere will from time to time designate certain parts as Customer replaceaplereparab.. In the event of a failure of such designated part, Calvaçere will provide the processes and procedures for Customer-performed replacements or repairs. For parts that fail that are not designated Customer replaceablereparabl, Calvacere (or 3.5. SupportNot Covered. Hardware Maintenance does noti include services requested as a result of, or with respect to, causes which are not attributable to Calvacere or the Hardware ("Excluded Services"), including without limitation: (i) modification, alteration, customization or additions to any Hardware, including software installation, which is not approved by Calvacere; (ii) damage to the Hardware arising out of accident, misuse, abuse, negligence, misapplication, or willful acts of Customer or any third party; (ii) failure to provide the appropriate technical environment (such as correct voltage, fusing, air conditioning, surge protection, etc.); (iv) restoring data to or preserving data on a returned Hardware.(v) On-site support if on-site support is requested this may be subject at Calvacere's discretion to an: additional charge which shall be mutually agreed in writing and advance between Calvaçere and the Customer. Excluded Services will be billed to Customer  purchased by Customer.  its designated agent) will provide and install the replacement parts.  at Calvacere's then-current rates.  THIS MAINTENANCE APPENDIX DEFINES A SERVICE ARRANGEMENT AND NOT A PRODUCT WARRANTY. THE SOFTWARE, HARDWARE AND MATERIALS AND SERVICES RELATED THERETO ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE AGREEMENT. THIS MAINTENANCE APPENDIX DOES NOT CHANGE OR SUPERSEDE  ANY TERM OF ANY SUCH AGREEMENT. SERVICE LEVEL APPENDIX  This Service Level Appendix details Calvacere's service levels in relation to cloud based aspects of the Software and/or Services being provided (where specifically stated in the Order Form as  applicable)  Software and Services covered  Calvacere I Calvacere.com    Calvaçere  This SLA covers only such of the Software and Services listed in the table below. This list may be  updated at any time, with agreement from both Calvacere and Customer.  Please note:  Calvacere guarantees response times for all items listed in this section.  Calvacere guarantees uptime only for items confirmed in the Covered for uptime These items have been assigned a priority level, from 1 (most important) to 3 (least important).  column.  The priority levels help determine the guaranteed uptime and response time.  Item type Cloud Backup  Number of items 1( (where applicable as Form) 1( (where applicable as Form)  Priority 1(during elections in  Covered for uptime yes  stated in the Order progress)  AWS Cloud (Merlin)  1(during elections in  yes  stated in the Order progress)  Exclusions  Calvacere will do everything possible to rectify every issue in a timely manner. However, there are ai few exclusions. This SLA does not apply to: dealt with in other parts of the main Agreement  Any Software, Hardware or Services or other items not listed above or which have been Software, Hardware, or Services not purchased through and managed by Calvaçere The problem has been caused by using the Software, Hardware, or Services in a way that  Additionally, this SLA does not apply when:  is not recommended by Calvacere  Calvacere I - Calvacere.com    Calvacere  Customer has made unauthorized changes to the configuration or set up of affected Customer has prevented Calvacere from performingrequired maintenance and update The issue has been caused by unsupported equipment, software, or other services. This SLA does not apply in circumstances that could be reasonably said to be beyond the This SLA also does not apply if Customer is in breach of the terms of the main Agreement or this  Software, Hardware or Services  tasks.  Calvacere's control. For instance: Force Majeure.  Appendix for any reason. Responsibilities Calvacere responsibilities  Calvacere will provide and maintain the Software and Services agreed to be provided to Customer  ina accordance with the terms of this Appendix.  Calvacere will: below.  Ensure relevant Services are available to Customer in line with the uptime levels listed  Respond to support requests within the timescales listed below. Take steps to escalate and resolve issues in an appropriate, timely manner. Maintain good communication with Customer at all times.  Customer responsibilities Additionally, Customer wil:  Customer will use Calvacere-provided Services as intended.  Notify Calvacere of issues or problems in ai timely manner.  Provide Calvacere with access to all Hardware and Software for the purposes of maintenance, updates and fault prevention which may otherwise have an impact on  provision of the Services.  Maintain good communication with Calvacere at all times.  Guaranteed uptime Uptime levels  In order to enable Customer to operate its elections effectively, Calvacere guarantees that certain  items will be available for a certain percentage of time.  Calvacere I Calvacere.com    Calvacere  These uptime levels apply to items in the Hardware Software and Services covered table  affirmed in the Covered for uptime. column.  The level of guaranteed uptime depends on the priority level of each item:  Measurement  Uptime is measured the using supplier's automated systems, over each calendar month. It is calculated to the nearest minute, based ont the number ofminutes in the given month (fori instance,  a31-day month contains 44,640 minutes). Guaranteed response times  When Customer raises a support issue with Calvacere, Calvacere promises to respond in a timely  fashion. Response times  The response time measures how long it takes Calvacere to respond to a support request raised Calvacere is deemed to have responded when it has replied to Customer's initial request. This may be in the form of an email or telephone call, to either provide a solution or request further Guaranteed response times depend on the priority of the item(s) affected and the severity of the Priority Support Reply Time: Priority 1 = 120 minutes, Priority 2 = 4 hours, Priority 3= 24 hours,  via Calvacere's online support system.  information.  issue. They are as follows: Priority 4 = 48 hours  Response times are measured from the moment the Customer submits a support request via Response times apply during standard working hours only, unless the agreement between the Customer and Calvacere specifically includes provisions for out of hours support.  Calvacere's online support system.  Severity levels  The severity levels shown above are defined as follows: "Priority 1": means that the Service is inoperable.  Calvacere I Calvacere.com    Calvacere  "Priority 2": means a problem with the Service that causes a serious disruption but operations can "Priority 3": means a non-critical problem in the Service where Customer is able to continue to use the Service where a Workaround is available and/or there is limited operational impact.  continue in a degraded fashion.  "Priority4": means a non-Priority 1,2or3 condition.  Measurement  Response times are measured using Calvacere's support ticketing system, which tracks alli issues Itis vital the Customer raises everyi issue via this system. If ani issue is not raised in this way, the  from initial reporting to resolution.  guaranteed response time does not apply to that issue.  Calvacere I Calvacere.com    Calvacere  ÇUSTOMER SUPPLEMENTAL TERMS & CONDITIONS APPENDIX  1. During the performance of this contract, the contractor agrees as  follows:  a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this  nondiscrimination clause.  b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an C. Notices, advertisements and solicitations plaçed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of d. The contractor will include the provisions of the foregoing paragraphs a, band C in every subcontract or purchase order of over $ 10,000, so that the provisions will be binding upon each subcontractor or vendor.  equal opportunity employer.  meeting the requirements of this section.  2. During the performance of this contract, the contractor does not, and shall not knowingly employ an unauthorized alien as defined in the federal  Immigration Reform and Control Act of 1986.  3. During the performance of this contract, the contractor shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if sO required by Title 13.1or Title 50 of the Code of  Virginia or as otherwise required by law.  Calvacere I Calvacere.com    Calvacere  4. During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale,  OOIOHDOCE. J  Calvacere I Calvacere.com    Calvacere  distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (ili) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over$ 10,000, sO that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance  or marijuana during the performance of the contract. 5. Franklin County does not discriminate against faith  based organizations.  6. With regard to paragraph 12 of this agreement, Franklin County is bound by the Virginia Freedom of Information Act in its response to requests for documents including documents considered to be  confidential.  Calvacere I Calvacere.com    7  Bedford Residency Brian Casella - Resident Engineer VDOT Call Center-1 1-800-FOR-ROAD  VDOT  Virginia Department of Transportation Franklin County Board of Supervisors  1-800-367-7623)  To:  Subject: September 2024 Franklin County' VDOT Monthly Updates  MAINTENANCE  Maintenance Activities for Previous 30 Days: (County wide) and guardrail repairs.  Ordinary maintenance - Pavement (pothole) repair, gravel road repair, right of way brush cutting operations (County wide), shoulder repairs (County wide), storm water culvert repairs and cleaning  Route 728 (Leaning Oak Rd.): - Low water structure replacement; COMPLETED  Maintenance Activities for Next 60 Days:  Ordinary Maintenance = Pavement (pothole) repair, gravel road repair, right of way brush cutting operations (County wide), shoulder repairs (County wide), storm water culvert repairs and cleaning Route 601 (Dudley Amos Rd.) - Chip seal patching completed; permanent patching to be completed Route 807 (Mary Bett Hollow) - Low water structure replacement; flaggingoperations willl bei in place. Route 40 (Franklin St.) - Pipe replacement to include tying into existing drop inlet near Route 607 (Waidsboro Rd.); flagging operations willl bei in place. Tentatively scheduled to begin late September. Route 602 (Callaway Rd.) - Pipe replacements in the vicinity of 9820 and 10321 Callaway Rd. Road will be closed at these locations beginning Oct. 7th for approximately 6 weeks; a detour will be in  county wide, guardrail repair. by mid-September. Inj progress.  place.  Route 220 (Virgil Goode Hwy.) - Paving various sections; in progress.  Surface treatment schedule; COMPLETED  Page 1of3    LAND DEVELOPMENT & PERMITS  329 Active permits to include: 118 utilities, 187 private entrances, 13 commercial entrances, 4 roadside memorials, 2 grading permits, 2 road construction (1-LAP) and 3 special event permits. Of these, 16 were issued in August to include 8 private entrances, 1 special event, 1 temporary Plateau Plaza - Review of site plan for relocation of commercial entrance to include site expansion.  construction entrance, 1 grading permit and 5 utility permits. 1planreview & 3 rezoning/special use peita applications: Henderson = Review of application for short term rental. Mercer - Review of application for short term rental. Perdue - Review of special use application for wood storage.  CONSTRUCTION Franklin County  Route 1136 (Goldfinch Circle) - Rural Addition project being done under the Revenue  Sharing program; in progress (UPC118178)  TRAFFIC: STUDIES/SPECIAL REQUESTS Requested Safety Studies (forprevious 30 days):  Route 613 (Naff Rd.) - Review of roadway for posted speed limit. (Blackwater District) Route 1291 (Winding Way Rd.) - Review of roadway for reduction in speed limit. (Gills  Creek District) N/A  Completed Safety Studies:  Page e2of3    PROJECT STATUS  Route 220/Route 635 (Bonbrook Mill Rd.) - Smart Scale project for improvements at the Route 220/Route 697 (Wirtz Rd.) - Corridor intersection improvements that consist of thru-cut Route 220/Route 619 (Sontag)/619 (Pleasant Hill)/816 (Cassell!) - Corridor intersection improvements that consist of thru-cut configurations and safety improvements at Route 220/Route 619 (Pleasant Hill Dr.). Advertised; bids due end of Oct. 2024. (UPC115455) Route 220/Route 919 (Grassy Hill Rd.) Smart Scale project for improvements at the Route 220/Route 613 (Naff Rd.) - Smart Scale project for improvements at the intersection. Route 705 (Chestnut Hill) - Bridge replacement. Advertisement scheduled for December 2024.  intersection. Advertised; bids due end of Oct. 2024. (UPC119463) configurations. Advertised; bids due end of Oct. 2024. (UPC115455)  intersection. Advertisement scheduled for late 2025 (UPC115456). Advertisement scheduled for mid-2026 (UPC119467).  (UPC110597)  Page 30 of3    8  Franklin County A Natural Setting! for Opportunity EXECUTIVE SUMMARY  AGENDA TITLE:  AGENDA DATE: CONSENTAGENDA: Yes BOARDACTION: INFORMATION: ATTACHMENTS: STAFF CONTACT(S): Dani Poe, Jeff Gauldin, Steven Sandy REVIEWED BY: Christopher L. Whitlow, County Administratos  September 17, 2024 Yes No Yes  Dogwood Site Pad Expansion Contract Award BUBECTPROPOANRELEST Request Board approval to award bid for additional grading of the Dogwood Site at Summit View Business STRATEGIC PLANF FOCUS AREA: n Dynamic Community Safety M Strategic Economic Development Enhanced Educational Opportunitles Responsible Government Operations Conserve & Promote Natural Assets R Well Planned Growth BACKGROUND:  Park  The Franklin County Office of Economic Development continues to work to attract a new tax base to Franklin County to fulfill its mission to increase the prosperity of our citizens. The continued development of pads sites at Summit View Business Park is critical to this effort. Having "build ready" sites is becoming increasingly important to attract new business. Prospective businesses wait as long as possible tol begin their site search efforts and require potential locations to be as shovel ready The County has received approximately $2.5 million in grant funds for additional grading of the Dogwood Site from Virginia Business Ready Sites Program ($1,017,870 in January 2022) and the Tobacco Region Revitalization Commission (TRRC) ($1,500,000 in May 2022). These funds have In August 2022, Engineering Concepts, Inc. (ECI) was contracted to layout additional grading of the Dogwood Site. The project was put out to bid in April of 2023 and based on the competitiveness of the bid the project came in under budget based on the proposed scope of work. Approximately 33 There remains al balance of about $400,000 in the TRRC grant budget and to maximize grant dollars, staff has worked with ECI to present a plan for additional work to the TRRC. This work includes:  as possible to reduce the time to market.  assisted in improving the Dogwood site to its Tier IVs status.  acres have been graded to date with stormwater management structures.  Demolition of four existing structures and trees Grading for positive drainage and seed    Construction of a new access drive to the remaining building, that is used by Parks & Grading of 150,000 SF (approximately 3.44 acres) shown in yellow on the attached map Extension of paved access road and addition of an entrance gate to the pad site  Recreation for maintaining the park  The TRRC has approved this revised project budget and scope of work.  DISCUSSION:  The proposed project was put out for bid on August 26, 2024.An non-mandatory Pre-Bid Conference was also held for the project on Friday, September 6th at the project site. Two potential bidders After bids are received on September 12"h, all bidding documents will be reviewed by the County's consulting engineer, ECI, and a recommendation will be made to award the contract to the lowest responsible bidder. The bid results and ECI recommendation will be provided to the Board at the Ifa approved, the County will work to enter into a contract with the awarded contractor as soon as possible with thei intent to have a notice to proceed issued to allow construction to be completed as  attended. Bids are due on Thursday, September 12"h.  meeting on September 17th.  soon as possible to close out the grant with TRRC.  RECOMMENDATION: int the amount of$_  Staff respectfully requests Board approval to award a construction contract to "Company" Site at Summit' View Business Park and to authorize the County Administrator and County Attorney  for additional grading and construction work at the Dogwood  to execute documents as needed to formalize this award.  POSSIBLE BOARD ACTIONS: MOTION to APPROVE:  Imake a motion to approve a contract with "Company"  in the amount of$_  for additional grading and construction work at the Dogwood Site at Summit' View Business Park and authorize the County Administrator and County Attorney to execute such documents as necessary  to make this award. MOTION to TABLE: MOTION to DENY:  Imake a motion to table the proposed request until additional information can be provided.  Imake a motion to deny the request to approve a contract for additional grading and construction  work at the Dogwood Site at Summit View Business Park.    Auneoupyuay  133HS 83A00 VA'AINAOS NITNNVI! NOISNVAX avd GOOMDOO  s 8  Hhts.tuduhiaanialn  aliansilliadll.salla.    S7V130 ONY S3LON 7V83N39 VA'AINNOS NITNV NOISNVAXE aVd GOOMDOG    00  DOGWOOD PAD EXPANSION FRANKLING COUNTY, VA SITE PLAN    000  DOGWOOD SITE CONCEPT FRANKLIN COUNTY, VA FUNDING EXPANSION OPTIONS    9  Franklin County AI Natura! Setting for Opportumity EXECUTIVE SUMMARY  AGENDA TITLE: grant acceptance  AGENDA DATE: September 17, 2024 ÇONSENT AGENDA: No BOARD ACTION: INFORMATION: ATTACHMENTS: STAFF CONTACT/S): Dani Poe, Director of Economic Development & Steven Sandy, Deputy County Administrator REVIEWED BY: Christopher L. Whitlow, County Administrator CJ  Virginia Business Ready Sites Program (VBRSP) SUBJECTIPROPOSALREQUEST: Virginia Business Ready Sites Program (VBRSP) grant acceptance for wastewater capacity expansion - US Route 220 STRATEGIC PLANFOCUS AREA: n Dynamic Community Safety R: Strategic Economic Development Enhanced Educational Opportunities Responsible Government Operations Conserve & Promote Natural Assets R Well Planned Growth BACKGROUND:  Yes No Yes  The Franklin County Office of Economic Development continues to work to attract new tax base to increase opportunity and prosperity for citizens. The continued infrastructure development of the U.S. 220 North Corridor designated growth area, including Summit View Business Park (SVBP) is critical to that mission. During a work session with the Board in August 2023, site selection consultants from Global Location Strategies (GLS) reviewed the park's existing infrastructure and made various recommendations to maximize SVBP's infrastructure. While much work has gone into site preparation, sewer capacity is below what would typically be required for several moderni industry sectors. This is made more acute by thel large sites in Summit View that can accommodate the needs ofav wide range of businesses. Both sewer and water utilities are provided to the SVBP and U.S. 220 Corridor by the Western Virginia Water Authority. Franklin County routinely applies for grant funding In February 2024, the Board approved the submittal of three grant applications to the (1) Virginia Tobacco Region Revitalization Commission Southern Virginia Program Grant (VTRRC), (2) Virginia Business Ready Sites Program(VBSRP), and (3) Southeastern Crescent Commission Southeastern  to help cover the expense of evelopmenvconrvcion.    Economic and Infrastructure Development Grant Program (SEID) to assist with the cost of upgrading the sewer capacity at Summit View in two phases to 250,000 gpd and then, to 400,000 gpd.  DISCUSSION:  On August 8th, the County was informed that the Virginia Business Ready Sites Program (VBSRP) grant application was funded for both phases for a total of $5.5 million. See attached press release from Governor Youngkin dated August 8, 2024. The other grant applications were not approved. The grant funding will be utilized to significantly increase sewer capacity through infrastructure improvements in the WWWA system. The funding requires no local match and WVWA will work to design and construct the improvements within their system. County, WVWA and VA Economic Development staff are working to finalize grant agreement documents currently. Once the agreements are completed and signed by County and' VEDP, work can begin to design and construct  thei improvements. RECOMMENDATION:  Staff respectfully requests approval from the Board to accept the Virginia Business Ready Sites Program (VBSRP)s grant funding in the amount of $5.5 million and authorize County staff and County Attorey to execute any documents necessary to accept the award on behalf of the  County.  POSSIBLE BOARD ACTIONS: MOTION to APPROVE:  Imake a motion to accept the Virginia Business Ready Sites Program (VBSRP) grant funding in the amount of $5.5 million and authorize County staff and County Attorney to execute any documents  necessary to accept the award on behalf of the County.  MOTION to TABLE: MOTION to DENY:  Imake a motion to table the request until further information is provided.  Imake a motion to deny the request to accept the Virginia Business Ready Sites Program (VBSRP) grantf fundingi int the amount of$ $5.5million: and authorize County staff and County Attorney to execute  any documents necessary to accept the award on behalf of the County.    Commonwealth of Virginia OficeofGovernor Glenn Youngkin  FOR IMMEDIATE RELEASE August 8, 2024  CONTACTS: Office of the Governor Contact: Christian Martinez Contact: Pryor Green Email: pgreenvedp.org  Email: Chrglan.MaTinsEpvemorsirinia.sow Virginia Economic Development Partnership  America's Top State for Business Announces $126 Milllion in Virginia Business Ready Sites Program  Grants  Virginia announces 23 grants in 12 regions across the Commonwealth RICHMOND, VA - Govemor Glenn Youngkin today awarded at total of$126 million in Virginia Business Ready Sites Program (VBRSP) development grants for 23 sites across the Commonwealth. Administered by the Virginia Economic Development Partnership (VEDP), this discretionary program partners with localities, utilities, and state agencies to fund infrastructure improvements that build operations-ready sites for employers and manufacturers ready to expand in the Commonwealth. In addition to developing project-ready sites, the program assembles permits and approvals to make way for as smooth construction process. VBRSP identifies, assesses, and improves industrial sites with at least 100 contiguous, developable acres, or 50 acres in the westem part of the Commonwealth and in areas with Business-ready sites drive and accelerate economic growth, and our continued investments in site development position the Commonwealth to compete to win transformative projects that will bring hundreds and thousands ofjobs to Virginia,"said Governor Glenn Youngkin. "A growing inventory of project-ready sites is a huge competitive advantage, and our investments in the Virginia Business Ready Sites Program were al big factor in Virginia being named America'sTopi State for Business. Before we  other qualifying conditions.    took offiçe, Virginia was significantly behind our competitor states. We must continue the concerted effort we've made to invest in sites over the course of my administration and we're looking forward to "Speed to marketi is a major consideration in site selection decisions, and the Virginia Business Ready Sites Program has helped Virginia increase its inventory ofs suitable sites for major projects,"sald Secretary of Commerce and' Trade Caren Merrick. "This round oft the Virginia Business Ready Sites Program will enhance 23 sites across the Commonwealth, ensuring all of Virginia is positioned to fully capture economic development and job creation opportunities for years to come." The VBRSP has two components: (I) site characterization, to assess and designate a site's current level of development, and (2) site development, to further develop aj pool ofpotential sites across the Commonwealth. Localities can apply for matching grants to assist with the costs associated with the initial assessment and the development required to increase a site's current designation level. For thet first time ini its study of state competitiveness, CNBC weighted infrastructure including availability of shovel-ready sites the most important factor for businesses when deciding on investment and cited the VBRSP, in addition to' Virginia's world-class port, rail, roadway, and air transportation ecosystem, as major contributors to the Commonwealth's No. I ranking. While Virginia has only invested in site development at substantial levels for the last two years, the state'si investments are already generating results that will produce a strong and increasing retum on investment to the state general fund. Since the program's inception, 45 sites have received funding, and to date, 3,720 directj jobs havel been announced on sites that have received VBRSP grants. This year, 23 sites "Virginia has worked strategically to create a diverse portfolio of project-ready: sites to meet company needs in a variety oftarget sectors, and these grants are a primary reason why Virginia is recognized as a national leaderi in site development,"said VEDP President and CEO Jason EI Koubi. "I am incredibly proud ofthe results of the program's efforts. This investment in Virginia'si infrastructure will continue to accelerate economic development in every region of the Commonwealth for years to come." The Virginia Business Ready Sites Program was developed by a team ofstate, regional, and local partners including VEDP, Virginia Department of Environmental Quality, railroad representatives, utility representatives, civil engineers, and other govemment, business, and industry representatives. Grants are considered on a competitive basis and made at the discretion ofani investment committee composed of  Virginians seeing the benefits ofthis work in the future."  representing over 10,000 acres of developable land are receiving VBRSP funding.  VEDP and Administration leaders.  Fiscal Ycar 2024 VBRSP award recipients include the following:    Location CltyofChesspeake Chesterfickd County Prince George County City of Staunton Ciry ofDanville Grecnsville County City of1 Roanoke Pitsylvania County Franklin County Wythe County Rockingham County City ofSuffolk ClyofRadford Sussex Counly Bedford County Brunswick County Carolinc County Tazewell County CityofNewport! News Southampton County Campbell County Russell County Amherst County Multiple  Site Name Coastal Virginial Megasite Upper Magnolia Green Staunton Crossing Coleman Site Mid-Atlantic. Advanced Manufacturing Center (MAMaC) Technology, Tract8 Beny Hill Progress Park, Lot IO Innovation Village at Rockingham Port 460 Logintics Center VCI Propery Sussex Green Enterprise Park $1,500,000 New London Business and Technology Park, Phase2 Stonewall Caroline Center for Innovation $561,000 and Industry Blucstone Regional Business $368,200 and Technology Center Air Commerce Park Bast and $327,600 West Bcale Farm Property Dearing Ford Business and Manufacturing Center, Phasc3 Russell County Industrial Complex Route 2101 Property  Amount $35,000,000 $13,000,000 $9,000,000 $9,000,000 $8,500,000  Crosspointe Logistics Centre $10,000,000  Roanoke Centre for Industry and $7,500,000 Southem Virginia Megasite at $6,000,000 Summit View Business Park $5,500,000  $5,134,875 $4,500,000 $3,500,000 $3,500,000 $1,500,000 $1,000,000  $223,000 $125,000 $112,750 $112,267  Site Charscterization Grants $100,000  More information on the Virginia Business Ready Sites Program is available here.  ###    10  DeparmentorPamning &0 Community Development  Franklin County AI Natural Setting/for Opportwniy  Transmittal ofl Planning Commission. Action  Date: Item:  September 6, 2024 Case #SPEC-04-24-17971  Prepared by: Tina H. Franklin, Planner II Date of Commission Action: August 13,2 2024  SUMMAR/OFREQUESA  APPLICATION for SPECIAL USE PERMIT- Application of Cody Brown, Applicant, and Richard L and Gloria A Arnold, Owners, requesting a special use permit, with possible conditions, on an approximate 2.02 acres of property zoned B-2, General Business District. The property is located at Tax Map/Parcel # 0300001701 in the Gills Creek Election District of Franklin County. The purpose of this special use permit request is to allow for a self-serviçe storage facility. This property is part of the Westlake-Hales Ford Designated Growth Area and has a future land use designation of Commercial Mixed Use SPEC-05-24-1797). The applicant is requesting a special use permit to allow for a self-service storage facility on a property that is approximately 2.02 acres and located on Booker T. Washington Highway in the The unaddressed property is currently undeveloped, with frontage along Booker T. Washington Highway and is surrounded by B-2, General Business District with, A-1, Agricultural, and PCD, Planned Commercial Development across the highway. This area of the Westlake-Hales Ford Designated Growth area contains commercial development along with a few residential On June 11,2024, Planning Commission held their public hearing on the special use permit fora proposed self-service storage facility. The proposed facility would consist of four (4) buildings with at total of 196 units. The following describes the size of the units per building  Gills Creek Election District.  structures and vacant land.  Building A: Finished Floor: 10'x10'-39 units Building B: Finished Floor: 10'x 15'-261 units  Total of39 units 10' x 10'-24 units 5' hallway Total of76 units 5'x 10'-19 units 5'hallway  Basement Floor: 10' x20'-26 units  Building C: Finished Floor: 10' x 20'-22 units  Basement Floor: 10'x1 15'-22 units    Total of 63 units Total of 18 units  Building D: Finished Floor: 10' x 10'-18 units Total Proposed Units = 196 units  The proposed self-storage facility would be using the same entrance as the business located next door to the proposed site. The self-storage facility will not have an office on site, the facility will The application was advertised, site posted, and notifications sent to all adjacent property owners. The Development Review Team (DRT) reviewed the application at its May meeting. Neil Holthouser, AEP and other agencies such as VDH had no comments until they decide to add some type of water use, WVWA stated no water is requested for the project, however, ifthe project requests or needs water or sewer, a site plan showing how that would be constructed would be required, and Fire and EMS, had no comments or concerns due to the nature of the application. Bill Raney, Development Review Coordinator stated that along with the Site Plan, Erosion and Sediment Control and Storm Water Management shall be included on the engineered plan for review. John Broughton, Building Official, stated the applicant and/or owner will be required to obtain all necessary building permits for the self-service storage facility. Eric Schmidt, GIS Coordinator stated the applicant and/or owner must contact the GIS Department for an address for the project. Lisa Lewis, VDOT stated the following would be required at the time of site plan review: (1) A traffic narrative to include al left/right turn lane analysis will need. 23to be provided. This will need to include the appropriate Land Use(s) from the 11th edition of the ITE Trip Generation Manual for everything that will utilize the entrance. (2) The proposed entrance will need to meet sight-distance requirements and shown on the plans. (3) If this does not qualify as a Low Volume Commercial Entrance (LVCE) then the proposed entrance will Prior to the Planning Commission public hearing, staff received four (4) phone calls and three (3) emails regarding the application. The two (2) emails were opposed to this type of development in this location, and that it would not fit with the surrounding business. This type ofuse should not be on the main corridor of the area. One (1) email was asking for the height of the buildings, would there be a turn lane on Route 122, and drainage issues. There were two (2) citizens that spoke at the public hearing. Mr. Dave Gresham stated opposition to the proposed facility highlighting that first building proposed is as long as a football field and would be an eye sore located right at the road. He stated he is not proposed to the storage facilities, just to the location that was chosen for this facility. Mr. Mike Eades stated that he owns the property in the rear of the parcel and that the land is steep, and all of the rain run-off comes onto his property. He stated After deliberations Angie McGhee, Boone Planning Commissioner, made a motion to table the request due to lack ofinformation. She further stated that the Planning Commission is requesting  be using an office ini the business next door.  need to meet VDOT Access Management spacing requirements.  the proposed structure would cause flooding on his land when it rains.  2    to see a conceptual plan with the proposed landscaping, sidewalk placement, as well as renderings for the storage buildings. The motion was seconded by David Pendleton, Blackwater On August 13, 2024, a new conceptual plan was presented to the Planning Commission showing three (3) buildings instead of the previous four (4) buildings with a total number of 163 units  Planning Commissioner. The vote was 6-0-1-0.  reduced from 196 units in the original conceptual plan. Building B: Finished Floor: 10'x15'-26 units  10'x 10'-24 units 5'hallway Total of76 units 5'x10'-19 units 5'h hallway Total of63 units Total of24 units  Basement Floor: 10'x20'-26 units  Building C: Finished Floor: 10'x20'-22 units  Basement Floor: 10'x15'-22 units  Building D: Finished Floor: 10' 'x 10'-24 units Total Proposed Units = 163 units COMMISSION'S. RECOMMENDATIOM  The Planning Commission under old business began their deliberations on the information that they requested from their June public hearing, which was building renderings and a revised conceptual plan showing the landscaping and sidewalk. Ms. Lisa Cooper explained that the applicant submitted the renderings and revised conceptual plan with one of the longer buildings being removed for various reasons. She indicated one reason was the front yard setback required the buildings to be moved back further from the right of way due to the Westlake Overlay District requirements as well as to make room for the required sidewalks and landscaping. Ms. Cooper stated there are now 163 units proposed instead of 196 units on the original conceptual Ms. Ege asked what the height of the buildings were. Staff does not know the height of the buildings and the applicant was not present to answer the question. Ms. Cooper explained that height would be determined during site plan review and would have to adhere to any Ms. Ege asked if there had been any other communications from citizens since the initial public hearing. Ms. Conner confirmed that there had been one (1) call from a citizen inquiring about the application with concerns about how this self-storage business would fit in with the  plan.  requirements dealing with height.  3    Westlake Overlay District.  Mr. Evans asked if staff conducted any studies to see if this type of business was needed. Ms. Cooper explained this would not be study that staff would conduct. The applicant, Mr. Brown, told staff that he believed that self-storage was a need in the area. Chairwoman Mitchell added that these studies have not been something that the County requires as it is expected that the applicants will have done their own research before beginning the application process. Mr. Pendleton stated that the self-storage facility on Scruggs Road completed a study recently, and it did show a need for these types of businesses. He stated that he has difficulty finding Ms. Ege stated that this facility would be in the Westlake-Hales Ford Designated Growth Area. She stated that even with woodland colors, it may not fit in with existing businesses. She does not think the permit should be granted and other business owners have shared concerns. She stated that a different property might be better for self-storage facilities, but a highly visible entrance to Westlake Village is not the most appropriate place for a more industrial-looking Mr. Evans asked how enforceable the requirements for looks of the building were. Ms. Mathena stated staff does not have regulations for the way a building looks. Ms. Ege stated that the Planning Commission is allowed to regulate landscaping. Ms. Cooper Ms. Ege made a motion to deny the request for the special use permit stated that such use will be ofs substantial detriment to adjacent property, that the character of the zoning district will be changed thereby, and that such use will not be in harmony with the purpose and intent of the County Code with the uses permitted by right in the zoning district, and with the public health, safety, and general welfare to the community. Ms. McGhee seconded the motion to deny the  open self-storage for his business.  building.  yes, landscaping can and will be regulated.  request.  Al Roll Call Vote was held with the following recorded vote.  Motion to Approve: Ege AYES: NAYES: ABSENT: Doss ABSTAIN: None  Seconded: McGhee  Ege, Evans, Mitchell, McGhee, Clements  Pendleton    SUGGESTED MOTIONS:  (DENY) I find that such use will be of substantial detriment to adjacent properties, that the character of the: zoning district will be changed thereby, and that such use will not be in harmony with the purpose and intent of the uses permitted by right in the zoning district, and with the public health, safety, and general welfare to the community. Therefore, I move to recommend  denial ofapplicants' request for self-storage facilities at this location.  OR  (APPROVE) I find that the use will not be of substantial detriment to adjacent properties, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the uses permitted by-right in the zoning district, and with the public health, safety, and general welfare to the community. Therefore, I move to recommend approval of the applicants' request for a special use permit to allow for self-storage facilities at this location with 1. The proposed use shall be developed in substantial conformance to the conceptual plan titled" "Self-Storage Facility Test Fit - Route 122" revised date July 24, 2024, prepared by 2. Applicant shall comply with all regulations in the Westlake Village Center Overlay 3. Virginia Department of Transportation (VDOT) shall approve all required permits authorizing the proposed use prior to the approval ofa final site plan/plat for the project, 4. Site, erosion and sediment control and stormwater management plans will be required  the following nine (9) conditions:  Balzer & Associates.  District, Sections 25-491-497 oft the Franklin County Code. and use of the property as a self-service storage facility. 5. Signage on building walls and fences shall be prohibited.  subject to regulations.  6. Applicant shall install fencing around the storm water management pond. 7. The storage of vehicles, boats, boat trailers, recreational vehicles (RVs) and other 8. Fencing shall be required around the self-storage area and shall be of opaque material and 9. The applicant will be required to update and/or issue an easement agreement approved by all parties including the County granting açcess to the stormwater pond located on parcels  watercraft shall bej prohibited. forest green in color.  identified as tax map #'s 0300001701 and 0300001801.  OR    (DELAY ACTION) I find that the required information for the submitted petition is incomplete. Therefore, I move to delay action until all necessary materials are submitted to the Board of  Supervisors.    RESOLUTION#.  APPLICATION for SPECIAL USE PERMIT- Application of Cody Brown, Applicant, and Richard Land Gloria A. Arnold, Owners, requesting a special use permit, with possible conditions, on an approximate 2.02 acres of property zoned B-2, General Business District. The property is located at' Tax Map/Parcel # 0300001701 in the Gills Creek Election District of Franklin County. The purpose of this special use permit request is to allow for a self-service storage facility. This property is part of the Westlake-Hales Ford Designated Growth Area and has a future land use WHEREAS, Cody Brown, Applicant, and Richard L and Gloria A Arnold, Owners, did file an application requesting a Special Use Permit to allow for a self-service storage facility on an approximate 2.02 acres located in the Gills Creek Election District, zoned B-2, General Business District, and WHEREAS, after due legal notice as required by Section 15.2-2204/2205 of the Code of Virginia of 1950, as amended, the Planning Commission and Board of Supervisors did hold public hearings on. June 11,2024 and September 17, 2024, respectively, at which time all parties in interest were given an opportunity to be WHEREAS, after full consideration, the Franklin County Planning Commission recommended DENIAL WHEREAS, after full consideration, the Franklin County Board of Supervisors determined that the request will be of substantial detriment to adjacent properties, that the character of the zoning district will be changed thereby, and that such use will not be in harmony with the purpose and intent of the County Code, the uses permitted by right in the zoning district, and with the public health, safety and general welfare to the community, and DENIED the Special Use Permit for the purpose ofa self-service storage THEREFORE, BE IT RESOLVED, that a copy of this Resolution be transmitted to the Clerk of the Planning Commission, the Franklin County Commissioner of Revenue and the Franklin County Zoning Administrator, and that the Clerk be directed to reflect this action to DENIED the Special Use Permit in the  designation of Commercial Mixed Use SPEC-05-24-1797).  heard, and  oft the Special Use Permit request, and  facility recommended by the Planning Commission.  records of Franklin County.. On the motion by AYES: NAYES: ABSENT: ABSTAIN:  to approve the requested Special Use Permit, and seconded by  said motion was DENIED by the following recorded vote:    Amy Renick, Clerk  Franklin County Board of Supervisors  Date    RESOLUTION#  APPLICATION for REZONE - Application of Cody Brown, Applicant, and Richard L and Gloria A Arnold, Owners, requesting a special use permit, with possible conditions, on an approximate 2.02 acres of property zoned B-2, General Business District. The property is located at Tax Map/Parcel # 0300001701 in the Gills Creek Election District of Franklin County. The purpose of this special use permit request is to allow for a self-service storage facility. This property is part of the Westlake-Hales Ford Designated Growth Area and has a future land use WHEREAS, Cody Brown, Applicant, and Richard L and Gloria A Arnold, Owners, did file an application requesting a special use permit on approximately 2.02 acres to allow for a self-serviçe storage facility, and located in the Gills Creek Election District, zoned B-2, Business District, WHEREAS, after due legal notice as required by Section 15.2-2204/2205 ofthe Code ofVirginia of1950, as amended, the Planning Commission and Board of Supervisors did hold public hearings on June 11,2024, and September 17,2024, respectively,atwhich time all parties in interest were WHEREAS, after full consideration, the Franklin County. Planning Commission recommended WHEREAS, after full consideration, the Franklin County Board of Supervisors determined that the request will not be of substantial detriment to adjacent properties, that the character of the zoning district will not be changed thereby, and that such use will bei in! harmony with the purpose and intent of the County Code, the uses permitted by right in the zoning district, and with the public health, safety and general welfare to the community, and APPROVED the Special Use 1. The proposed use shall be developed in substantial conformance to the conceptual plan titled "Self-Storage Facility Test Fit Route 122" revised date July 24, 2024, prepared by 2. Applicant shall comply with all regulations in the Westlake Village Center Overlay 3. Virginia Department of Transportation (VDOT) shall approve all required permits authorizing the proposed use prior to the approval ofa final site plan/plat for the project, 4. Site, erosion and sediment control and stormwater management plans will be required  designation of Commercial Mixed Use SPEC-05-24-17971)  General, and  given an opportunity to be heard, and  DENIAL of the Speçial Use Permit request, and  Permit for a self-service storage facility with the following nine (9) conditions.  Balzer & Associates.  District, Sections 25-491-497 ofthe Franklin County Code. and use of the property as a self-service storage facility. 5. Signage on building walls and fences shall be prohibited. 6. Applicant shall install fencing around the storm water management pond.  subject to regulations.    7. The storage of vehicles, boats, boat trailers, recreational vehicles (RVs) and other 8. Fencing shall be required around the self-storage area and shall be of opaque material and 9. The applicant will be required to update and/or issue an easement agreement approved by all parties including the County granting access to the stormwater pond located on parcels  watercraft shall be prohibited. forest green in color.  identified as tax map #'s 0300001701 and 0300001801.  THEREFORE, BE IT RESOLVED, that a copy of this Resolution be transmitted to the Clerk of the Planning Commission, the Franklin County Commissioner of Revenue and the Franklin County Zoning Administrator, and that the Clerk be directed to reflect this action to APPROVE the Special Use Permit on approximately 2.02 acres from B-2, Business District, General in the  records of Franklin County. On the motion by AYES: NAYES: ABSENT: ABSTAIN:  to approve the requested Special Use Permit, and seconded by  said motion was APPROVED by the following recorded vote:  Amy Renick, Clerk  Franklin County Board of Supervisors  Date    DKPARTMNT OF PHANNING & COMAUNTYDEVAIOPNENT  Franklin ANatural Seiting/ fer Oppertmiry  County  **REVISED** MEMORANDUM Date: August 2, 2024  To: Franklin County Planning Commission From: Tina H. Franklin, PlannerII  Subj: SPEC-04-24-17971 - Cody Brown, Applicant and Richard L. and Gloria A. Arnold, At the June 11, 2024 Planning Commission meeting, you heard the application for a special use permit for the purpose ofa self-service storage facility on Parcel Id # 0300001701 located in the Westlake-Halesford Designated Growth Area on Booker T. Washington Highway (State Route 122). You tabled the request wanting to see a conceptual plan with the proposed landscaping, sidewalk placement, as well as renderings for the storage buildings. The new conceptual plan shows three (3) buildings from four (4) buildings with a total number of 163 units from 196 units in the original conceptual plan. The new conceptual plan shows for Building B a total of76 units with 50 units on the finished floor and 26 units and the basement floor; Building Ca total of 63 units with 41 units on the finished floor and 22 units on the basement floor; and Building Da total  Owners application for a special use permit for self-service storage facility  of24 units finished floor only, no basement floor units.  RECOMMENDATION: with the following nine (9) conditions:  Staff recommends that the Planning Commission recommend approval of the special use permit 1. The proposed use shall be developed in substantial conformance to the conceptual plan titled" "Self-Storage Facility Test Fit - Route 122"revised date July 24, 2024, prepared by 2. Applicant shall comply with all regulations in the Westlake Village Center Overlay 3. Virginia Department of Transportation (VDOT) shall approve all required permits authorizing the proposed use prior to the approval ofa final site plan/plat for the project, 4. Site, erosion and sediment control and stormwater management plans will be required 7. The storage of vehicles, boats, boat trailers, recreational vehicles (RVs) and other  Balzer & Associates.  District, Sections 25-491-497 ofthe Franklin County Code. and use of the property as a self-service storage facility. 5. Signage on building walls and fences shall be prohibited. 6. Applicant shall install fencing around the storm water management pond.  subject to regulations.  watercraft shall be prohibited.  1255 Franklin Street, St. 103 Rocky Mount, Virginia 24151-(540) 483-3027    8. Fencing shall be required around the self-storage area and shall be of opaque material and 9. The applicant will be required to update and/or issue an easement agreement approved by all parties including the County granting access to the stormwater pond located on parcels  forest green in color.  identified as tax map #'s 0300001701 and 0300001801.  SUGGESTED MOTIONS:  The following suggested motions are sample motions that may be used. They include language found in Section 15.2-2283, Purpose of zoning ordinances of the Code of Virginia of 1950, as (APPROVE)Ifind that such use will not be ofsubstantial detriment to adjacent property, that the character ofthe zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the County Code with the uses permitted by right in the zoning district, and with the public health, safety, and general welfare to the community. Therefore, I move to recommend approval of the applicant's request for a Special Use Permit to allow for a Self-Service Storage Facility in accordance with Section 25-336 of the Zoning Ordinance, with (DENY)Ifind that such use will be ofsubstantial detriment to adjacent property, that the character of the zoning district will be changed thereby, and that such use will not be in harmony with the purpose and intent of the County Code with the uses permitted by right in the zoning district, and with the public health, safety, and general welfare to the community. Therefore, I move to recommend denying the request for the Special Use Permit for a Self-Service Storage Facility. (DELAY ACTION) I find that the required information for the submitted petition is incomplete. Therefore, I move to delay action until all necessary materials are submitted to the Planning  amended.  the nine (9) conditions as recommended in the staff report.  OR  OR  Commission.    ABVNIWIT3-d  NId31S TAIdBONOO  2131108-111531. ALMTIOVI 3OVJOIS TES Ha  18                    -    -                STAFF REPORT Case # SPEC-05-24-17971  Franklin County A Natural Settingfor Opportumity  To: From: Date: Tax #s: District: Owner:  Franklin County Planning Commission Tina Franklin, Planner II May 31,2024 0300001701  Gills Creek Election District Richard L. and Gloria A. Arnold  Applicant: Cody Brown  APPLICATION for SPECIAL USE PERMIT - Application of Cody Brown, Applicant, and Richard L and Gloria A Arnold, Owners, requesting a special use permit, with possible conditions, on an approximate 2.02 acres of property zoned B-2, General Business District. The property is located at Tax Map/Parcel # 0300001701 in the Gills Creek Election District of Franklin County. The purpose of this special use permit request is to allow for a self-service storage facility. This property is part of the Westlake-Hales Ford Designated Growth Area and has a future land use designation of Commercial  Mixed Use SPEC-05-24-17971), RECOMMENDATION:  Staff recommends that the Planning Commission recommend approval of the special use 1. The proposed use shall be developed in substantial conformance to the conceptual plan titled "Self-Storage Facility Test Fit Route 122" dated May 3, 2024, 2. Applicant shall comply with all regulations in the Westlake Village Center Overlay District, Sections 25-491-497 of the Franklin County Code. 3. Virginia Department of Transportation (VDOT) shall approve all required permits authorizing the proposed use prior to the approval of a final site plan/plat for the project, and use of the property asas self-service storage facility. 4. Site, erosion and sediment control and stormwater management plans will be 5. Signage on building walls and fences shall be prohibited. 6. Applicant shall install fencing around the storm water management pond. 7. The storage of vehicles, boats, boat trailers, recreational vehicles (RVs) and other 8. Fencing shall be required around the self-storage area and shall be of opaque 9. The applicant will be required to update and/or issue an easement agreement approved by all parties including the County granting access to the stormwater pond located on parcels identified as tax map #'s 0300001701 and 0300001801.  permit with the following nine (9) conditions:  prepared by Balzer & Associates.  required subject to regulations. watercraft shall be prohibited. material and forest green in color.    Franklin County Planning Commission  BACKGROUND:  The applicant is requesting a special use permit to allow for a self-service storage facility located at State Route 122, Booker T. Washington Highway and zoned B-2, General Business District. The property consists of approximately 2.02 acres. The parcel is identified as Parcel ID # 0300001701 in the Gills Creek election district. This parcel would only house the self-service storage facility units with the office being located at 14070 Booker T. Washington Highway and identified as Parcel ID #0300001801. The unaddressed property is currently undeveloped, with frontage along Booker T. Washington Highway and is surrounded by B-2, General Business District with, A-1, Agricultural, and PCD, Planned Commercial Development across the highway. This area of the Westlake Halesford Designated Growth area contains commercial development The proposed self-storage facility will consist of four (4) buildings with a total of 155  along with a few residential structures and vacant land.  units. The units are described below:  Building A: Finished Floor: 10'x10'-39 units Building B: Finished Floor: 10'x1 15'-26 units  Total of39 units 10'x10'-24 units 5' hallway Total of76 units 5'x1 10'-19 units 5'hallway Total of63 units Total of 18 units  Basement Floor: 10' x 20'-26 units  Building C: Finished Floor: 10' x2 20'-22 units  Basement Floor: 10'x15'-22 units  Building D: Finished Floor: 10'x 10'-18 units Total Proposed Units = 155 units  The applicant stated in the letter of application that the proposed use of a self-service storage facility "mini warehouses" would be rented under the Aztec Rental name which is located on the adjoining property. He stated that the current Aztec Rental building would serve as the office for the storage facility. This project is proposing access from the existing entrance located at 14070 Booker T. Washington Highway. He provided in the letter of application several positive effects that a storage facility would bring to the  community.  There will be no water and/or sewer on this property at this time.  SPEC-1R-24-17971  May 31.2024    Franklin County Planning Commission  The application was advertised, site posted, and notifications sent to all adjacent property owners. The Development Review Team (DRT) has reviewed the application at its May 14, 2024 meeting. As of the date ofthis report, staff has not received any phone calls or emails regarding the application. Additional comments and conçerns may be raised as a  result of the public hearings. SITESTATISTICS: Location: Size: Existing Land Use: Adjoining Zoning: Adjoining Land Uses: Adj Future Land Uses: COMPREIENSIVEPLAN: Future Land Use  Booker T. Washington Highway +/-2.02 total acres Vacant  B-2, General Business District Commercial, Farm, Residential  Commercial Mixed Usel Suburban Residential 4 units  The future land use map designates the property as Commercial Mixed Use as provided in the Westlake Hales Ford Area Plan, adopted by the Board of Supervisors in November 2016. The Westlake Hales Ford Area Plan is a part of the County Comprehensive Plan.  Commercial Mixed Use This Plan states that:  The subject property is located within the Westlake Hales Ford Designated Growth Area, which is subject to the future land use found within the Westlake Hales Ford Area Plan. "Commercial mixed use areas center around a neighborhood main street that should operate at lower speeds and offer accommodations for pedestrian movement. Storefronts line the main street, in buildings that range from one to four stories. Typically, buildings taller than one story have office and residential uses above. The mix of uses are envisioned as predominantly commercial, but also include residential and planned open space. These non-commercial uses intended to comprise around 10- 20% oftotal development, though the exact amount is less critical than the regulatory allowance of a diversity of uses. This diversity of uses should extend to housing, where single-family and multi-family housing should both be offered, ideally with a range of housing stock that includes apartments, townhomes, and detached units. Streetscapes along the commercial mixed use main street should be walkable, with wide sidewalks (8 feet minimum), landscaping, and internal plazas designed for easy public congregation. Land conservation is best reserved for areas on the periphery of  SPEC-05-24-17971  May 31.2024    Franklin County Planning Commission  the area. Streets in commercial mixed-use centers should be low speed, with on-street parking on the main street and off-street parking pushed behind buildings. Commercial mixed use centers design buildings with heights no more than three (3) stories, additional setbacks with landscaping and natural buffering to protect viewshed and the historic setting of the park. Slowing traffic down and having safeguards improves the noise level to maintain the character of the park for visitors As "commercial mixed use" suggests a variety of commercial uses, a self-storage facility would be aligned with the Policy of the Comprehensive Plan, if site elements meet the intent of the Plan. In this case, appropriate setbacks, landscaping, and pedestrian infrastructure would ensure that the use is aligned with the Comprehensive Plan. Westlake Hales Ford Area Plan - Appendix B: Goals and Strategies the following Strategy bears significance to this application:  tol have the entire experience of the time."  The Westlake Hales Ford Area Plan provides Goals and Strategies to implement the Plan;  Strategy 1.4: Ensure that multimodal interconnectivity including pedestrian, bicycle, and vehicle connections and mobility - is considered during development The Plan identifies the need for pedestrian facilities to be implemented as development occurs, to ultimately get to a connected system of sidewalk and other pedestrian infrastructure. Additionally, this policy aligns with the requirements of the Zoning Ordinance, which requires sidewalks along public roads within the Westlake Village  planning and design.  Center Overly District. Comprehensive Plan Summary  As the subject property is located within the Westlake Hales Ford Designated Growth Area, iti is assumed that a variety of commercial businesses will be developed to support a variety of "village" needs. However, there are certain elements that the Comprehensive Plan suggests that would ensure the use is compatible and complementary to the area. If those elements are met within the site design, the Comprehensive Plan would support the  requested special use permit to operate a self-storage facility.  ZONING ORDINANCE:  Special uses for the B-2 district are set forth in Section 25-336 of the Zoning Ordinance. Sec. 25-638 oft the Zoning Ordinance sets forth the County's authority to issue special use permits for certain uses. In order to issue a special use permit, the Board of Supervisors must find that such use will not be a substantial detriment to adjacent properties, that the  The requested use is referençed as a self-service storage facility.  SPEC-05-24-17971  May 31.2024    Franklin County Planning Commission  character of the zoning district will not be changed thereby, and that such use will be in harmony with the uses permitted by-right in the zoning district, and with the public Sec. 25-640 of the Zoning Ordinance sets forth the County's authority to impose conditions for the issuance of special use permits. The ordinance states that the Board of Supervisors "may impose upon any such permit such conditions relating to the use for which such permit is granted as it may deem necessary in the public interest... " Conditions associated with a special use permit must be related to the particular land use which required the permit and must be related to some impact generated by or associated Sec. 25-641 of the Zoning Ordinance states that a special use permit shall expire eighteen (18) months from the date of issuance if "no commencement of use, structure or activity has taken place. " The ordinance states that "commencement" shall consist of"extensive obligations or substantial expenditures in relation to the project," including engineering,  health, safety, and general welfare to the community.  with such land use.  architectural design, land clearing, and/or construction.  ANALYSIS  In accordance with Section 25-638, the proposed special use permit is evaluated to determine ifit will be a substantial detriment to adjacent properties, change the character of the zoning district, and be in harmony with the uses permitted by-right in the zoning district, and the public health, safety, and general welfare to the community. Nearby parcels consist of commercial uses with a few single-family dwellings and farmland. The zoning of the parcel is B-2, General Business District and the properties surrounding are zoned B-2, A-1, Agricultural, and PCD, Planned Commercial The proposed self-service storage facility is located in an area that has a mixture of commercial uses. The applicant's family owns the Aztec Rental property where the front office will be located. This property will not need water or sewer with the facility using the office located on the adjacent property. The owner will be required to comply to the Westlake Village Center Overlay District regulations regarding but not limited to The proposed self-storage facility is located in the Westlake-Halesford Designated Growth area along Route 122. The area has several commercial uses and a Planned Commercial Development (Lakewatch Plantation) that are located near and around this proposed use that can benefit the area. There are several residential single-family dwellings in the area, but the facility should not be a substantial detriment with the conditions imposed on the use. Traffic to the facility should be less than other  Development across Route 122 from the subject parcel.  landscaping, parking, signage, sidewalks, etc.  commercial uses with higher volumes.  SPEC-05-24-17971  May 31.2024    Franklin County Planning Commission  This area, according to the Comprehensive Plan' 's Future Land Use should be developed as Commercial Mixed Use and support the residents of the area. The use would be aligned with the policies oft the Comprehensive Plan ifs site elements meet the intent oft the Plan. Therefore, appropriate setbacks, landscaping, and pedestrian infrastructure would Staff concludes that the proposed use will not be a substantial detriment to adjacent properties, change the character of the zoning district, and will be in harmony with the purpose and intent of this chapter, and with the uses permitted by special use permit in  ensure this use is aligned with the Comprehensive Plan.  the B-2 zoning district.  DEVELOPMENT REVIEWTEAMI DRDCOMMENTS:  AEP: Neil Holthouser had no comments or concerns due to the nature oft the application. VDOT: Lisa Lewis stated the following would be required at site plan review: 1. A traffic narrative to include a left/right turn lane analysis will need to be provided. This will need to include the appropriate Land Use(s) from the 11th edition of the ITE Trip Generation Manual for everything that will utilize the 2. The proposed entrance will need to meet sight-distance requirements and shown 3. Ifthis does not qualify as al Low Volume Commercial Entrance (LVCE) then the proposed entrance will need to meet VDOT Access Management spacing VDH: Darrin Doss had: no comments until they decide to add some type of water use. WVWA: Aaron Shearer stated no water is requested for the project, however, if the project requests or needs water or sewer, a site plan showing how that would be STORMWATER / E&S: Bill Raney, Development Review Coordinator stated that along with the Site Plan, Erosion and Sediment Control and Storm Water Management BUILDING: John Broughton, Building Official, stated the applicant and/or owner will be required to obtain all necessary building permits for the proposed self-service storage FIRE & EMS: Andy Pendleton, Fire Marshal had no comments or concers due to the GIS: Eric Schmidt, GIS Manager stated the applicant and/or owner must contact the GIS  entrance. on the plans. requirements.  constructed would be required.  shall be included on the engineered plan for review.  facility.  nature of the application.  Department for an address for the project.  SPEC-05-24-17971  May 31.2024    Franklin County Planning Commission  SUGGESTED MOTIONS:  The following suggested motions are sample motions that may be used. They include language found in Section 15.2-2283, Purpose of zoning ordinances of the Code of (APPROVE) I find that such use will not be of substantial detriment to adjaçent property, that the character of the zoning district will not be changed thereby, and that such use will bei in harmony with the purpose and intent of the County Code with the uses permitted by right in the zoning district, and with the public health, safety, and general welfare to the community. Therefore, Imove to recommend approval of the applicant's request for a Special Use Permit to allow for a Self-Service Storage Facility in accordance with Section 25-336 of the Zoning Ordinance, with the nine (9) conditions as (DENY)I find that such use will be of substantial detriment to adjacent property, that the character of the zoning district will be changed thereby, and that such use will not be in harmony with the purpose and intent of the County Code with the uses permitted by right in the zoning district, and with the public health, safety, and general welfare to the community. Therefore, I move to recommend denying the request for the Special Use (DELAY ACTION) I find that the required information for the submitted petition is incomplete. Therefore, Imove to delay action until all necessary materials are submitted  Virginia of1950, as amended.  recommended in the staffreport.  OR  Permit for a Self-Service Storage Facility.  OR  to the Planning Commission.  SPEC-15-2417971  May 31.2024    DocuSign Envelope ID: A83D9730CA94B8CAIOBCAPFDPFIASI  FRANKLINCOUNTI SPECIAL USE PERMITAPPMICATION  as Ownerts), Contract Purchasers, or Owner's  IWe  Brun  Franklin Counly  Board ofs Supervisors Slena.24155  Ludy  Authorized Agent ofther properly described below, hereby: apply lot the fora special use permit ont theg property described below. Petitioner's Name: Lody Address: Petitioner's  Browh  3769 Herblayd 26  Petitioner's Phone! Number:, 540- 589- 0435 Petitioner's Email Address: CyOepictrahL.0om. Property Owper's Name:. Richufd Arnald Property Owner's Address:. 381 Tfly DI.  Property Owner'sP Phonc Number: Property Owner's Email Address: Property Information: A. Proposed Property  Address:  NIA  030.00  B. Tax Map and Parcel Number. 03000741 Election District: Gi16 ieris D.Sizeo ofProperty: 2402 ACTES Existing Zoning: 3-2 Existing Land Use: MA fell G. Isthep property located withip any ofthe following overlay zoning districts: H. Isany land submerged under water orp part ofSmith  Corridor District Vwesilake Overlay District Smith Mountain Lake Surface Disujt  Mountain Lake?  DyEs Mo  Ifyes, please explain:.  Proposed Special Use Permit Information:  J. Proposed Land Use. Won r Lwt Self_Siofage bvilarss/  ufnat K. Size ofProposed Use:. Whde lot.  Page5of8 June 13,2023    DocuSign Envelope ID: ASD975OCAB4BACAIOBCATFDFFIANI  M LAZL SlAse bI , czfiss  L. Other Details ofProposed Use: A br cit 1 f  Reniel hrk 5 Harliird do hs MIL Azhc Lould Salvi as holc ilding  Chocklist for Completed Items: Application Form Letter of Application Concept Plan Application Fce Pelitioner's Name (Printed):. Petitioner's Signature: Dale:, N/1s/24 Mailing Address: Phone Number: SVo- 589 0485 Address: Email Owner'so consent, ifpetitioner is potp property owner: Owner's Name: TCLS 4/16/2024-n Date:  Icerify that this application fora special use permit andt thei information submittedi is! herein complete and accurate.  Bion  4  Harberlioed Soiem / 4153 Gody Qaztec ndl,ttodor  3769  Rd.  fentLKom  RdarkN. Andh, Eyuder GdarkM. Andl,foundar 4/1672024  Datel Received by Planning! Staff  Page 6of8 June 13,2023    Aztec Rental- Letter of application  A. Proposed use of the property is to build self-storage "mini warehouses" to be rented under the Aztec Rental name. The mini warehouses would be erected on the new lot, and the current Aztec building wouid serve as the front office. Storage will be fenced in where there are any open spots, and an electric gate will be put at  entrance to storage for customer entry.  B. Mini arenousessel-storage is not covered under B-2 uses.  C.T The following are some of the positive effects a storage facility brings  tot the community:  Itg gives the residence a safe place to store their belongings, where they can access them when they want, while still saving space at Italso helps businesses who might need extra space for storing some of their inventory or equipment, but do not want to spend the big bucks involved in moving to a larger facility. This allows them to continue to grow, without breaking the bank on overhead. Aquite neighbor, like self-storage, that brings additional property tax that will help grow the community; is an ideal addition to west Develops growth in the community using a lot that would be Self-storage facilities are the second lowest ITE traffic generators. Aztec believes that makes this a perfect location for self-storage, as you would not want a high traffic business in this section of 122, even though you would like something beneficial to the growth and development of the community. Joining this property with our current property makes it sO we do not need additional changes to 122, as we can use the existing entrance to Aztec Rental.  home for more important or entertaining uses.  lake.  difficult for other businesses to utilize.    KEAL ESTATE EASEMENT AGREEMENT  THIS AGREEMENT is made on May 02, 2024, by and between William E. Brown Jr. & Jennifer Graham Brown of 3767 Harborwood Rd., Salem, Virginia 24153, hereinafter ("Grantor"), and Tida Arizona LLC. of3769 Harborwood Rd.  Salem, Virginia, 24153 hereinafter ("Grantee").  kecitals  A. The Grantor is the owner ofc certain real property commonly known as Tax parcel 0300001801 (14070 Booker T. Washington Hwy.), Virginia, Moneta 24121, and more fully described as follows: B-2 commercial property currently B.The Grantee is the potential owner of certain real property commonly known as Tax parçel 0300001701, Moneta,  serving as Aztec Rental's Moneta location, (Servient Estate). Virginia 24121, B-2 commercial property, ("Dominant Estate"). C.The Grantee desires to acquire certain rights in the Servient Estate.  1. Grant of Easement  For valuable consideration, Grantor hereby grants to Grantee an easement on and across the following-described portion Itist the intention ofthe parties that the easement granted appurtenant to the Dominant Estate, in that the easement benefi the use and enjoyment oft the Dominant Estate by Providing essential means ofaccess to our property as well as allowing  oft the Servient Estate: B-2 commercial property- currently serving as Aztec Rental's Moneta location.  2. Character ofl Easement  storm water management pond to be placed on William Brown Jr's property.  3. Duration and Binding Effect  The easement shall endure indefinitely. This Agreement is made expressly for the benefit of, and shall be binding on, the  heirs, personal representatives, successors ini interest, and assigns of the respective parties.  Purpose of Easement  easement will benefit the Grantee by Providing essential means of access to our potential property as well as allowin  as storm water management pond to be placed on William Brown Jr's property.  5.1 Limitations  Itis expressly agreed that the easement, rights, and privileges conveyed to Grantee are contingent on Grantee obtaining ownership of the aforementioned property and ifthey do indeed acquire the property the easement will be limited to providing access to the grantee's property as well as allowing a storm water management pond to be placed on grantor's The easement, rights, and privileges granted by this easement are exclusive, and Grantor covenants not to convey any other easement or conflicting rights within the area covered by this grant, or nonexclusive, and Grantor reserves and retains the right to convey similar easement and rights to such other persons as Grantor may deem proper.  property.  6.Exclusiveness of Easement  7.Grantor's Rights  Grantor also retains, reserves, and shall continue to enjoy the use of the surface of the land subject to this easement for an and all purposes that do not interfere with or prevent the use by Grantee of the easement. Grantor's retained rights include but are not limited to, the right to build and use the surfaçe ofthe easement for drainage ditches and private streets, roads. driveways, alleys, walks, gardens, lawns, planting or parking areas, stormwater management, and other like uses. The Grantor further reserves the right to dediçate all or any part of the property affected by this easement to any city for use a ap public street, road, or alley, if the dedication can be accomplished without extinguishing or otherwise interfering with ti rights of Grantee in the easement. Ifthe Grantor or any of Grantor's successors or assigns dedicates all or any part oft the mperty affected by this easement, the Grantee and its successors and assigns shall execute al! instruments that may be  ssary or appropriate to effectuate the dedications.    0. urantee's Kignts and Duties  Grantee shall have the duty to repair and maintain the property subject to the easement and shall at all times keep the easement property free and open for the benefit of Grantor and any other conçurrent user. Grantee shall at all times act SC as to safeguard Grantor's property. Grantee shall have the right to keep access to the easement open by removing vegetation and by cutting or trimming trees or vegetation that may encroach on the easement property. Grantee shall hav right to cut and trim trees or shrubbery that may encroach on the easement property. Grantee shall dispose ofall  cuttings and trimmings by hauling them away from the premises.  9.Termination  This easement may bet terminated by written agreement signed by all owners of record and other successors to the respective interests of Grantor and Grantee in the Dominant and Servient Estates. Grantee, his/her heirs, suçcessors, and assigns may execute and record a release of this easement at any time. This easement shall also terminate ift the purposes Should Grantee fail to perform any covenant, undertaking, or obligation arising under this easement, all rights and privileges granted shall terminate and the provisions of this Agreement creating the easement shall be of no further effeci Ins such a case, within thirty days of receipt ofa written demand from Grantor, Grantee shall execute and record all documents necessary to terminate the easement of record. Should Grantee fail or refuse to record the necessary documents, Grantor shall be entitled to bring an action for the purpose of declaring the easement to be terminated. This instrument contains the entire agreement between the parties relating to the rights granted and the obligations assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect. Any  of the easement cease to exist, are abandoned by Grantee, or become impossible to perform.  10. Failure to Perform  11. Entire Agreement  modification of this Agreement must bei in writing and must be signed by both parties.  12. Attorney's Fees fees, and costs.  Jflegal action isi initiated by either party for the purpose of enforcing or interpreting this Agreement, or to compel the rding ofar release, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorey  The parties have executed this agreement on the above-mentioned date.  GRANTOR:  Sehays Brou  5104/204 Date:  gobu  By:  hlnfh William E. Brown Jr.  By:. Jennifer Graham Brown  Date:5/a/z02  GRANTEE: LAB Bwn  Pfecienk - Tida Arilom LLL  Date:  5/3/2034  Tida Arizona LLC.    11  P"I SELF STORANGE CONCEPTUALS SITEPLAN iis a  TESTFIT-ROUTE1 122  PRELIMINARY            a    1    From: To: Subject: Date:  SviviaH Conner. Samantha Proposed storage units Rt122 Wednesday, August 7, 20246:07:43 PM  [You don't often get email from ya2410l@gmal.com Learn why this isi important at Remember to use safe practices when using email and other technologies.  tpAamslcumahaussmaetaemtifiaition)  = CAUTION: This emaili is from outside Franklin County Government. Total security is not guarantced.  Hello,  Ihave heard there isaj proposal for building multiple storage units on Rt122 next to. Aztec Rentals. Please do not approve this ast this area is better suited for other types ofbusinesses such as eateries and specialty shops. Having a storage unit directly off the main highway and also leading directly into the Westlake area will ruin the  beauty of our countryside and the uniqueness oft the area.  Thank you for your support. Sylvial H.    From: To: Subject: Date: Importance:  onwaenteernsasine: Conner, Samantha Route 122 mini-storage application Tuesday, June 11, 2024 12:01:52 PM High  Attachments: Franklin County letter re Special Use Permit application storage units Rt 1222024.05.30.0df You don't often get email from onyaente@comxasinet Learnwhy this is important Remember to use safe practices when using emaila and other technologies. ====  ==== CAUTION: This emaili isf from outside Franklin County Government. Total security is not guaranteed. Iown commercial property on Route 122 just south of the proposed location and am strongly opposed to the proposed development in the attached notice. This is a highly visible site and the surrounding area is being tastefully developed. Look no further than the building recently built by Mosler across the street. Erecting sterile, industrial looking mini-storage units and a solid, opaque green fence will be an eye sore and detrimental to all property values in the area. SML is being advertised as the Lake Tahoe of the east. This section of Route 122 is the main traffic corridor to Westlake Corner. Everything possible should be done to encourage development that is appealing. Uses such as what is proposed are best suited for less visible locations. In addition, there is s similar site being developed for mini-storage not far away off Hendricks Store Road and another location nearby on Scruggs Road. We do not need or want  Planning Commission members,  this facility at this location. Sincerely, Anthony. A. Valente, Esq.    From: To: Subject: Date:  KimD Conner. Samantha Storage facility questions for tonight. Tuesday, June 11, 2024 4:55:12PM  You don't often get email from kidzsew@gmail.com. Learnwhythisisi important Remember to use safe practices when using email and other technologies.  CAUTION: This email is from outside Franklin County Government. Total security is not guaranteed.  Samantha,  This might be too late for meeting tonight but I had a few questions.  1-t turning lane. There should be a turning lane in the whole stretch between Capps and  Bojangles.  2-d drainage. How will surface water drainage be taken away?  3- Building height? Kim Deneault Moneta, Va 804-852-3934  14186 Booker T Washington Hwy.    Renick, Amy From: Sent: To: Cc: Subject: Attachments: Amy,  Franklin, Tina Renick, Amy Cooper, Lisa 3-Civil Exhibit.pdf  Thursday, September 12, 20249:27AM  Fw: SPEC-04-24-17971 - Cody Brown Applicant SUP Request  Below is an email from Cody Brown's agent who will be representing Mr. Brown on Tuesday night for the public hearing. Itold him thought since he was proposing to add a condition regarding the facade of the buildings that you could print this email out and present it to the BOS that night prior to the meeting. Please let me knowifimisspoke and this is not how you  do things. Thanks, Tina H. Franklin, CZA Plannerll 1255 Franklin Street, St. 103 Rocky Mount, Virginia 24151 540-483-3027, ext. 2427  Please do not email me permit applications. These applications must be submitted to one of the County's Permit Technicians. Please see below and only send to one email.  Kalhy.angleetronkincounlyyo.gov Rachelhodges@fronkincountyyo.goy  From: Benjamin Crew <bcrew@balzer.cc> Sent: Thursday, September: 12,20248:54AM To: Franklin, Tina <Tna.Frankin@lrankincountyva.gov2 bradgrahamrealestate@gmal.om>  Cc: Cody Brown rownci9@gmal.com, Brad Graham bradgrahamrealestate@gmail.com)  Subject: SPEC-04-24-17971 -Cody Brown Applicant- - SUP Request safe practices when using email and other technologies. ====  ==== CAUTION: This email is from outside Franklin County Government. Total security is not guaranteed. Remember to use  Tina,  Inp preparation for Tuesdays BOS meeting, we are going to share during our presentation an opportunity for an additionalcondition on the propertyt to help with concerns related to the 'buildings appearance' from BookerT  Washington! Highway.    Ihave been retained by the applicant to act as the agent on his behalf for the project in prep and during the BOS Giving you andi the BOS aheads up regarding thisi information. This would be condition #10fori the request is the  meeting. Hei is also copied.  BOS adds tot the existing list of conditions applied for the SUP.  Thei following will be shared:  Applicant shall provide a complimentary and architecturally appealing solid masonry finish material (Brick or Split Face Block) on the outside of the proposed buildings in the following locations: Building B along the portion of the building facing BookerTWashington Highway and the ends of all three (3) buildings on-site (B,  C,and D).  Note this condition is based on the current Conceptual site plan dated 7/24/2024  We look forward to discussing this project further during the public hearing on Tuesday evening.  Thank) you.  Benjamin Crew  Civil/LA Department Head /Vice President 1208 Corporate Circle, Roanoke, VA: 24018  Roanoke / Richmond /New River Valley /S Shenandoah Valley  main 540.772.9580  BALZER direct 540.527.7268 &ASSOCIATES FLMMERS/ARCHTECIS balzer.cc EMONER8/SURVEYORS written permission from Balzer. documents. files and informational  The materials attached to this communication. are the proprietary property of Balzer and Associates, Inc. ("Balzer") and are protected by copyright and other intellectual property rights ("Balzer IP). The Balzer IP constitutes, unless otherwise specified iny writing by Balzer, valuable confidential information that may not, under any circumstances except as required by! law, be disclosed to any unauthorized person or entity without Balzer's prior written consent. No portion oft these materials may be used or relied upon by any person or entity other than the recipient of this communication without This email may contain electronic data. Electronic data is defined toi include, but not specifically limited to: files, data, plans, specifications, reports, documents, metadata, or other information recorded on or transmitted. as electronic media, including but not limited to computer-aided Electronic data transmitted via email is subject to undetectable alteration caused by or resulting from, among other causes, transmission, conversion, media degradation, software error, orl human alteration. Accordingly, all electronic data is provided tot the purposes onlya and not as an end product or a record document.. Any reliance thereon is deemed to be unreasonable and unenforceable. Transfer of the electronic data does not grant, authorize, convey, or transfer any license of any kind. Balzer makes no representation. as to the durability oft the electronic data ort the medium inc or on whichi itis transferred. The signed and/or stamped original and/or hard copy oft the original of Balzer's Instruments of Service are the onlyt true documents ofr record. Nothing contained herein alters thet terms of any other Agreements between the Owner  prior ("CAD') design for parties  and/or Subconsultant: and Balzer. OBalzer and Associates, Inc. 2024. All rights reserved.    ABVNINIBNd  NVId3us Tnid3ONOD  zz4 31nON-. JI. ISEL ALMTIOVI 39VHOIS T3S in!  :    A  o n a  3 A E C