An agenda meeting of the Fayette County Board of Commissioners was held at 10 a.m. on Tuesday, July 16, 2024, at the Fayette County Courthouse first floor commissioners  conference room, 61 East Main Street, First Floor, Uniontown PA.  In attendance-  Commissioner Chairman Scott Dunn Commissioner Dave Lohr Commissioner Vincent A. Vicites (via Zoom) Community Relations Coordinator Kaylie Glaze County Solicitor Jack Purcell  Commissioner Dunn welcomed everyone to the meeting at 10:04 a.m. He asked everyone to stand for a silent prayer, which was followed by the pledge of allegiance. Commissioner Dunn said before going to public comments, they needed to have Ar motion was made by Commissioner Dunn and seconded by Commissioner Lohr to amend the agenda to consider placing on the agenda approval of a contract between Southwestern Pennsylvania Area Agency on Aging to provide Shared Ride transportation services to county residents age 65 years of age or older.  amend the agenda.  the Office of Human & Community Services (FACT) and the  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  A motion was made by Commissioner Dunn and seconded by Commissioner Lohr to amend the agenda to consider placing on the agenda approval of one appointment (TBD) to the Wesimoreland-Fayette Workforce Investment Board with a term to expire  on July 30, 2025. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  Public Comment on Agenda Items:- None rocamatonsRecanons  Commissioner Dunn said the following proclamations will be presented on Thursday:    Pretrial, Probation, & Parole Supervision Week: July 21 -27,2024 Fayette County Student Poll Worker Recognition: Malia Faff  Commissioner Dunn said he was going to call a curveball and go to Redevelopment  Authority.  Redevelopment Authority  Andrew French presented the agenda item. He said the agreement is for a sale of land, which will be used for a different use than originally proposed. An motion was made by Commissioner Lohr and seconded by Commissioner Vicites to consider placing on the agenda approval of a contract between the County of Fayette, the Redevelopment Authority, and We-Do Properties LLC, for the sale of land at the Fayette County Business Park, in accordance with the attached Resolution.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  During the vote, there was a technical issue and it was addressed.  Behavioral Health Administration Dave Rider presented the agenda items.  An motion was made by Commissioner Lohr and seconded by Commissioner Dunn to consider placing on the agenda approval oft the following agreements and modifications.  Contract Value $175,000 $77,856 $921,561 $51,058 $769,000 $25,000 $120,000 $25,000 $418,316 $50,000  Period 07701/24-06/30/25 07701/24-06/30/25 0701/24-06/30/25 0701/24-06/30/25 0701/24-0630/25 0701/24-0630/25 0701/24-0630/25 0701/24-06/30/25 07/01/24-06:30/25 0701/24-06/3025  Base Contract Agreements 2024-2025 Arc of Fayette County City Mission - Living Stones, Inc. Crosskeys Human Services, Inc. Fayette County Drug and Alcohol Commission Mental Health Association in Fayette County Neurological Therapy Specialists, INC Pathways ofSouthwestern Pennsylvania Southwest Behavioral Care Therapy Connections, LLC  Rehablinks  Professional Services Agreement 2024-2025  2    Goodwill of SW Pennsylvania Modification Agreement #3 Neurological Therapy Specialists, INC Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Children and Youth Services  $253.50/day, 2 Day Porters 07/01/24-12/31/24 $273.00/day, 21 Day Porters 01/01/25-06.30/25  $52,000  07/01/23-06/30/24  Gina D'Auria presented the agenda items. consider placing on the agenda:  Ar motion was made by Commissioner Lohr and seconded by Commissioner Dunn to Ratification of a FY2022-23 Maintenance & Support Agreement between the County of Fayette, through Fayette County Children & Youth Services and Ford Business Machines, Inc., 700 Laurel Drive, Connellsville, PA 15425, for on-site technical support Ratification of a FY2023-24 Maintenance & Support Agreement between the County of Fayette, through Fayette County Children & Youth Services and Ford Business Machines, Inc., 700 Laurel Drive, Connellsville, PA 15425, for on-site technical support Ratification of a FY2023-24 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Tri Conn ASI, a division of Fayette EMS, P.O. Box 862, Connellsville, PA 15425. Tri Conn ASI will provide coordination of Plans of Safe Care for Substance Exposed Infants, along with additional services such as: attending meetings, provision of related reports/plans, consultations, assessments, court testimony, documentation, collateral activity and training for the County, as needed. Ratification of a FY2023-24 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Connellsville Counseling & Psychological Services, LLC, 416 South Pittsburgh Street, Connellsville, PA 15425, for Independent Living (IL) Youth on an as needed basis. The  at a rate of $5,000.00 per month.  at a rate of $5,000.00 per month.  The rate for the services is $75.00 per hour.  rates are as follows: Life Skills Training  $150.00 per hour  3    Ratification of a FY2023-24 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Connellsville Counseling & Psychological Services, LLC, 416 South Pittsburgh Street, Connellsville, PA 15425, for clinical services provided to children & adults on anas  needed basis. The rates are as follows: Psychological Evaluation/Testing Court restimony/Court Reports Travel Counseling Training and Preparation  $125.00 per hour $75.00 per hour $75.00 per hour $125.00 per hour  Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Family First, Post Office Box 234, McClellandtown, PA 15458, for in-home services on an as needed basis for CYS & JPO families. The rates are as All treatment, collateral contacts, documentation and travel time for client and contact but travel time will be capped at one hour per client face-to-face contact and collateral contact. Any supervision of subcontractors will be billed as collateral The Service Provider agrees to bill at a rate of $65.00 per hour for all related family preservation services, counseling services, consultations, assessments, court testimony, documentation, collateral activity and training for the County. The submitted bill will include an invoice of all types and quantities of services provided  follows:  collateral contact.  clearly identifying the face-to-face time spent with the client.  Supervised Visitation Transportation visitation rate.  $65.00 per hour $30.00 per hour  Correspondence, report writing, and documentation to be billed at supervised Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and East End United Community Center, 150 Coolspring Street, Uniontown, PA 15401, for Middle School Truancy Program. The rates are as follows: EEUCC will provide a part-time Program Manager (typically the Executive Director, 90 program management hours), one full-time Truancy Supervisor (850 Program Service Hours), and one full-time Truancy Coordinator (1,120 Program Service $147,5001,970 Service Hours @ per diem $75/hour (2 FTE employees) $6,750 Program Management: 90 hours @ per diem $75/hour  Hours each per year).  4    $5,360 Mileage reimbursement at current IRS Rate  $2,500 Flat Rate: Clearances, professional liability insurance, cell phone, IT, and  fax services for coordinators, replacement laptops and printers as needed  $250  Supplies and small incentive for students  $162,610TOTAL PROGRAM COST  Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and One Voice One Community, 111 W. Fayette St., Uniontown, PA 15401, for In-Home and In-School Truancy Evaluation, Short-Term Case Management, and IL Services on an as needed basis. The rates are as follows: Independent Living Services: Program to consist of 10-12 sessions with 6-10 students attending per session. Budget is not to exceed $7,500.00 during the fiscal Absence Intervention Program: $75.00 per hour- - Milage Reimbursement: for Absence Intervention Program billed at the current IRS milage rate.  Truancy Services: $250.00 per month, per child  year.  Transportation Services: $30.00 per hour  Approval of a FY2024-25 Maintenance & Support Agreement between the County of Fayette, through Fayette County Children & Youth Services and Ford Business Machines, Inc., 700 Laurel Drive, Connellsville, PA 15425, for on-site technical support Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Lone Pine Acres, Lone Pine Acres Equestrian Center, 2 Lone Pine Drive, Uniontown, PA 15401, for equine therapy on an as-needed basis. The rate is $10,000.00 per contract year. Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services & Fayette County Drug & Alcohol Commission, Inc., 100 New Salem Road, Uniontown, PA 15401,f for validation (Chain of Custody) of urine samples for drug testing of parents & adolescents on an as-  at a rate of $5,000.00 per month.  needed basis. The rates are as follows: Alcohol Screen (Breathalyzer) Urine Drug Screen (Chain of Custody)  $15.00/screen  $35.00/screen $40.00/screen  Urine Drug Screen/Alcohol Screen (Chain of Custody) Tramadol Urine Drug Screen (Chain of Custody) Zolpidem Drug Screen (Chain of Custody) MSAP 10-50 with Opiates/TS Suboxone and Fentanyl  Expanded Opiate Urine Drug Screen (Chain of Custody) $45.00/screen Synthetic Cannabanoids Drug Screen (Chain of Cusiody,s55.0Olscreen  $65.00/screen $80.00/screen $55.00/screen  Hair Drug Test  MSAP 10-50 with Opiates/TS & Suboxone (Chain of Custody) $95.00/screen  $110.00/screen  (Chain of Custody)  5    Drug & alcohol evaluations, assessments, treatment  $30.00/hour  recommendations, consultations, communications, & all necessary follow ups and Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Connellsville Counseling & Psychological Services, LLC, 416 South Pittsburgh Street, Connellsville, PA 15425, for Independent Living (IL) Youth on an as needed basis. The  training  rates are as follows: Life Skills Training  $150.00 per hour  Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Connellsville Counseling & Psychological Services, LLC, 416 South Pittsburgh Street, Connellsville, PA 15425, for clinical services provided to children & adults on an as  needed basis. The rates are as follows: Psychological Evaluation/Testing' Court Testimony / Court Reports Travel Counseling Training and Preparation  $125.00 per hour $75.00 per hour $75.00 per hour  $125.00 per hour  Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and AMS Lawn Care, LLC, 168 Willey Road, Uniontown, PA 15401, for lawn maintenance of the CYS property on Grass Cutting, to include biown off all hard surfaces, weekly $85.00/week  an as needed basis. The costs for the services are listed below:  and trimmed every two weeks Cut/trim/maintain hillside (rear of building) twice per year or as requested Landscaping (pull & spray weeds) and mulching, with fabric, once yearly or as requested Landscaping (pull & spray weeds) and mulching playground, once per year, or as requested  $100.00/cut $950.00  $2,025.00  Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children and Youth Services and Fayette County Juvenile Probation and Children's Aid Society of Mercer County, 350 West Market Street, Mercer, PA 16137, for child welfare services for children and youth. The rates  are as follows:  Creating Foundations Mentoring Program Fee Schedule Based on Six (6) Months Service and $60.00/hour  6    Task  Cost $90.00 $1,980.00 $180.00  Initial Contact and Case Preparation Execution of Services Administration Fee  To be billed at the rate of $375.00 per month for a total of six months.  Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Purvue Individual and Family Services, Ltd., Post Office Box 591, Uniontown, PA 15401, for supportive services, consultations, assessments, court testimony, documentation, collateral activity, and training for the County. The rate is Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Tri Conn ASI, a division of Fayette EMS, P. O. Box 862, Connellsville, PA 15425, for coordination & supplemental support services for Plans of All treatment, collateral contacts, documentation and travel time for client and collateral contact. Any supervision of subcontractors will be billed as collateral contact. The Service Provider agrees to bill at the rate of $80.00 per hour for all services, including, but not limited to coordination of Plans of Safe Care for Substance Exposed Infants along with additional services such as: attending meetings, provision of related reports/plans, consultations, assessments, court testimony, documentation, collateral activity and training for the County. The submitted bill will include an invoice of all types and quantities of services provided clearly identifying the face to face time spent with the client. The Service Provider agrees to bill at the rate of $30.00 per hour for supplemental support services for Plans of Safe Care with a maximum of two hours a day, for a specific designated event or need of the Plans of Safe Care Program, as approved by the Plans of Safe Care Program Specialist or Deputy Administrator. The submitted bill will include an invoice of all types and quantities of services provided Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services & Jack R. Heneks, Esquire, 39 Francis Street, Uniontown, PA 15401. Attorney Heneks was court appointed to represent children in dependency proceedings. The rate for his services is Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services & John A. Kopas, III,  $65.00 per hour.  Safe Care on an as-needed basis. The rates are as follows:  clearly identifying the face to face time spent with the client.  $75.00 per hour.  7    Esquire, 556 Morgantown Rd., Uniontown, PA 15401. Attorney Kopas was court appointed to represent children in dependency proceedings. The rate for his services is Approval of a FY2024-25 Statement of Work (SOW) between the County of Fayette, through Fayette County Children & Youth Services and Computer Aid, Inc. (CAI) 1390 Ridgeview Drive, Suite 301, Allentown, PA 18104, for Fiscal Consultancy Services at a rate of $110.00 per hour, not to exceed $66,000.00 (up to 600 total hours). Travel costs will be reimbursed consistent with Fayette County travel policies separate from the Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services, and Sign Language Interpreting Professionals (SLIP), a private corporation, Post Office Box 313, Glenshaw, PA 15116, for services related to sign language interpreter(s). The rates are  $75.00 per hour.  contract hours.  as follows:  On-Site Interpreting:  Monday-Friday 8am to 5pm: $62 per hour with a 21 hour minimum Monday-Friday 5:01 pm to 7:59 am: $65 per hour with a 21 hour minimum Weekends: Friday 5:01 pm to Monday 7:59 am: $65 per hour with a 2 hour minimum  Video Remote Interpreting:  Monday-Friday 8am to 5 pm: $62 per hour with a 1 hour minimum Monday-Friday 5:01 pm to 7:59 am: $65 per hour with a 1 hour minimum Weekends: Friday 5:01 pm to Monday 7:59 am: $65 per hour with a 1 hour minimum  Immediate Dispatch "Emergency" On-Site Interpreting: 24/7/365: $75 per hour with a 2 hour minimum Additional Fees, IfA Applicable:  Portal to portal @ $28 per hour (if>40 miles from SLIP office) Parking (Flat fees: $9 for 0-4 hours & $154 4+1 hours) OutofTown Expenses/Team Interpreters Consultation & Presentation fees available upon request Expert Recorded Testimony fees available upon request  Cancellation fees are as follows: All appointments require 24 hour notice of cancellation for any reason including but not limited to no-show by any of the consumers (deaf or hearing). Cancellation with less than 24 hour notice will be billed for the total time scheduled per interpreter. Any appointment taking place on Sunday or Monday must be cancelled prior to Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Family Care for Children and Youth, Inc., 25 Belford Blvd.,  close ofbusiness on Friday in order to avoid charges.  8    Milton, PA 17847, for foster family placement services on an as needed basis. The  rates are as follows: Initial Clothing-$250.00 Family Based Services (FBS) Class FA Age 3-21 Class FB Age0-3 Emergency FBS Class FV Age 3-21 Class FW Age 0-3 Medical Fragile Class MA Level 1 Age 0-21 Class MB Level 2 Age 0-21 Class MC Level 3 Age 0-21 Class MD Level 4 Age 0-21 Kinship Care Class KA Age 0-21 Homemaker Services Homemaker Services Phone/Virtual Home Study  $75.67 $66.22 $75.67 $66.22 $64.31 $56.17 $39.74 $37.87 $69.05 $76.50/hour $59.16/hour $837.06  Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Live Well Family Services, 542 Georges Fairchance Road, Uniontown, PA 15401, for in-home services on an as needed basis for CYS & JPO In-home services for treatment, collateral contacts, documentation and travel time for client and collateral contact but travel time will be capped at one hour per client face-to-face contact and collateral contact; $65.00 per hour for all related counseling services, consultations, assessments, court testimony, documentation,  families. The rates are as follows:  collateral activity and training for the County.  Approval of security cameras for Fayette County Children and Youth Services through Morris Site & Sound LLC, 220 Workman Road Farmington, PA 15437, which includes an eight channel NVR 8 TB at a cost of $999.00, 5 four-megapixel IP cameras around the outside of the building at a cost of $189.00 each, miscellaneous parts and labor at a cost of $1,399.00, and PTZI looking at parking lot on a new pole at a cost of $1,899.00; Approval of a fire/alarm system for Fayette County Children and Youth Services through Morris Site & Sound LLC, 220 Workman Road, Farmington, PA 15437, which includes  for a total cost of $5,242.00.  9    a fire/alarm system at a cost of $1,699.00, 3 keypads at a cost of $399.00 each, 2 duct sensors at a cost of $359.00 each, 3 pull stations at a cost of $60.00 each, a wireless receiver at a cost of $269.00, 2 duct keys at a cost of $139.00 each, a fire/alarm isolator at a cost of $59.00, 20 smoke detectors at a cost of $169.00 each, 5CO2 detectors at a cost of $159.00 each, 10 horn strobes at a cost of $99.00 each, 6 strobe reds at a cost of $79.00 each, 10 V-plex expanders at a cost of $40.00 each, a V-plex loop extender at a cost of $159.00, 2 135-heat detectors at a cost of $29.00 each, a 194-heat detector at a cost of $29.00, wire at a cost of $599.00, 4 wireless door contacts at a cost of $60.00 each, 3 wireless motion detectors at a cost of $199.00 each, 3 wireless panic buttons at a cost of $199.00 each, and abor/programming at a cost of $4,699.00 for a total cost of Approval of the reappointment of Kathryn Chiplaskey to a 3-year term on the Fayette County Children & Youth Services Advisory Committee. The new term will expire on July 31, 2027. The Advisory Committee voted unanimously at the June 2024 meeting to Approval of the reappointment of Jason Lamer to a 3-year term on the Fayette County Children & Youth Services Advisory Committee. The new term will expire on August 31, 2027. The Advisory Committee voted unanimously at the June 2024 meeting to Approval of the reappointment of Nancy Morris to a 3-year term on the Fayette County Children & Youth Services Advisory Committee. The new term will expire on September 30, 2027. The Advisory Committee voted unanimously at the June 2024 meeting to  $17,417.00.  recommend her reappointment to the Commissioners.  recommend his reappointment to the Commissioners.  recommend her reappointment to the Commissioners.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  Courts  Ms. Glaze read the agenda items.  A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to consider placing on the agenda ratification of a cleaning contract between the County of Fayette and Stephanie McGill of Dunbar to clean District Court Office 14-3-04 at a rate  of$150 per month, effective July 1, 2024.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  10    Ar motion was made by Commissioner Lohr and seconded by Commissioner Vicites to consider placing on the agenda ratification of a cleaning contract between the County of Fayette and Jennifer Martin of Allison to clean District Court Office 14-2-03 at a rate of  $150 per month, effective July 15, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  EMA/911  Roy Shipley presented the agenda items. consider placing on the agenda:  Ar motion was made by Commissioner Lohr and seconded by Commissioner Vicites to Approval of (1) staff member to attend a PEMA Grants workshop August 6 - 7, 2024, in Approval for County Emergency Management Director to attend the PEMA Grants workshop and Task Force Leaders meeting August 7 -8i in Harrisburg. Cost is fort travel and  Harrisburg. Costi is fort travel and meals. PEMA will provide lodging.  meals. PEMA will provide lodging. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Human Resources  Cristi Spiker presented the agenda items. consider placing on the agenda:  A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to  BUILDINGS & GROUNDS  Approval of the separation of Tammy Hall, Custodial Worker I, effective June 13, 2024. Ratification of the hiring of Mary Maskarine, Custodial Worker I, SEIU, PG3, Step SR,  $12.58/hour ($24,531.00 annually), effective July 15, 2024.  11    Ratification of the promotion of Wendy Hile to Maintenance Workerl, SEIU, PG6 6, Step Ratification of the promotion of Melissa Arnold to Custodial Worker III, SEIU, PG 4, Step  B, $15.82/hour ($30,849.00 annually), effective July 15, 2024. A, $14.39/hour ($28,060.50 annually), effective July 15, 2024.  CENTRAL DEPARTMENT  Ratification of the hiring of Cameron Hunt, Part Time Clerk, Non-Union, $12.00/hour,  effective June 20, 2024.  CYS  Ratification of the hiring of Jeffrey Knox, Caseworker 2, SEIU CYS, $25.77/hour Ratification of the hiring of April Caldwell, Caseworker 1, SEIU CYS, $23.04/hour Ratification of the hiring of David Apicella, Caseworker 1, SEIU CYS, $23.04/hour  ($50,252.00: annually), effective July 15, 2024. ($44,928.00 annually), effective July 15, 2024. ($44,928.00 annually), effective July 15, 2024.  EMA  Ratification of the demotion of Brittany Smitley to Part Time Dispatcher, SEIU, PG 10,  Step B, $23.18/hour, effective July 8, 2024.  FACT  Ratification of the transfer of Katherine Fletcher to Transportation Information Specialist, SEIU, PG7, Step A, $15.90/hour ($31,005.00 annually), effective July 15, 2024. Approval of the resignation of John Berdar, Bus Driver, effective June 14, 2024.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  Commissioner Dunn said they will not take action on the next item. Solicitor Purcell Consider placing on the agenda the approval of the resignation of Robert Wilson, Bus A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to  said it will be removed due to no action being taken.  Driver, effective July 19, 2024. consider placing on the agenda:  12    FACT  Approval of the hiring of John Difilippo, Full Time Bus Driver (Non-CDL), SEIU, PG 12,  Step SR, $16.95/hour ($33,052.50 annually), effective July 22,2024.  FCBHA  Approval of the resignation of Marianne Mehalik, Clerk Typist 2, effective June 10, Approval of the resignation of Felicia Farrell, County Caseworker 2, effective June 28, Approval of the resignation of Natalie Ganci, MH Program Specialist 1, effective July 25, Approval of the promotion of Colbie Foreman to MR Program Specialist 1, Non-Union, PG39, Step 00, $31.40/hour ($61,230.00 annually) effective July 22, 2024. Approval of the promotion of Danielle Brumley to MR Program Specialist 1, Non-Union, PG 39, Step UU, $37.39/hour ($72,910.50 annually) effective July 22, 2024. Approval of the promotion of Tressa Morris to County Casework Supervisor, Non-Union, PG38, Step NN, $29.62/hour ($57,759.00 annually) effective July 22,2 2024. Approval of the hiring of Elizabeth John, County Caseworker 1, Non-Union, PG 33, Step Approval of the hiring of Jennifer Kelley, County Caseworker 1, Non-Union, PG 33, Step Approval of the hiring of Lisa Miller, Fiscal Officer 1, Non-Union, PG 38, Step II,  2024. 2024. 2024.  EE, $19.82/hour ($38,649.00 annually) effective July 29, 2024. EE, $19.82/hour ($38,649.00 annually) effective July 29, 2024. $25.64/hour ($49,998.00 annually) effective July 29,2024.  TAX CLAIM  Ratification of the promotion of Jonnie Shandor to Accounts Clerk II, SEIU, PG 6, Step  A, $15.42/hour ($30,069.00 annually) effective July 15, 2024.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  Office of Human and Community Services/FACT  13    Rudy Dutko presented the agenda items. consider placing on the agenda:  A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to Approval for Fayette Area Coordinated Transportation (FACT) Executive Director Rudy Dutko to sign and authorize the Consultant Agreement for Transit Technical Assistance on an as-needed basis with Conway's Consulting Services, LLC, effective July 3, 2024, Approval for Fayette Area Coordinated Transportation (FACT) Executive Director Rudy Dutko to sign and authorize the Consultant Agreement for Transit Technical Assistance on an as-needed basis with Third Sector Development, effective July 3, 2024, at an Approval of a contract between the Office of Human & Community Services (FACT) and the Southwestern Pennsylvania Area Agency on Aging to provide Shared Ride transportation services to county residents age 65 years of age or older.  at an hourly rate of $94.00.  hourly rate of $94.00.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  After the vote, Commissioner Dunn said he would ask that Sheryl Heid has seen the  contract. Mr. Dutko said both attorneys have been consulted.  Office ofTax Services  Rebecca Cieszynski presented the agenda items.  AI motion was made by Commissioner Lohr and seconded by Commissioner Vicites to  consider placing on the agenda:  Tax Assessment  Approval of a Proposal for Professional Appraisal Services with Real Estate Appraisal & Marketing Associates for a Restricted Appraisal Report, with regard to 2256 of 2021 GD Dick's Sporting Goods Inc. VS. Fayette County BOA. The total cost of $5,500 is to be shared by all taxing bodies, based on millage rates. The county's portion is approximately $1,430, under budget code no. 4136-53012.  Tax Claim  Approval of the following Repository Bids opened on July 3, 2024, subject to all  conditions being met. The total is $2,602.01.  14    BIDDER  PARCEL# 01-02-0012 02-06-0190 22-09-0038-99 19-26-0008  Twp/City/Borough Belle Vernon Borough $50.00 Brownsville Borough Menallen Township Luzerne' Township  Amount $50.00 $302.01 $2,200.00  Belle Vernon Borough Brownsville Borough Darren DeCarlo Zachary Havel  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Recycingstormwater  Ms. Glaze read the remaining agenda items.  Ar motion was made by Commissioner Lohr and seconded by Commissioner Vicites to Approval to apply for a $2,000 Keep Pennsylvania Beautiful mini-grant to support the Mountain Area Hard-to-Recycle events in July, September, and October 2024. There is Approval for recycling staff to conduct outreach via an educational table at the 2024  consider placing on the agenda:  no fee to apply.  Bullskin Township Fair from August 11 to 17, 2024.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Commissioners  Ar motion was made by Commissioner Lohr and seconded by Commissioner Vicites to  consider placing on the agenda:  Approval of the June 18, 2024, commissioners agenda meeting minutes. Approval of the June 20, 2024, commissioners' meeting minutes.  Advertisement of an RFP for banking services for two deposit accounts at the Fayette  County Jail, as attached.  15    Approval of the appointment of Tyler Anderson to the Agricultural Land Preservation Board as a Farmer Representative with a term to expire on December 31, 2025. Approval of one appointment (TBD) to the Fayette County Redevelopment Authority Approval of one appointment (TBD) to the Westmoreland-rayette Workforce Investment  with a term to expire on July 8, 2027.  Board with a term to expire on July30,2025.  Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Public Announcements.None Public Comments-None Adjournment adjourn the meeting. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously  A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to  16    FAYETTE COUNTY, PENNSYLVANIA  Scott Dunn - Chairman Vincent A. Vicites - Vice Chairman Dave Lohr- Secretary  OFFICE OF  COUNTY COMMISSIONERS  TE  FAYETTE COUNTY PENNSYLVANIA REQUEST FOR PROPOSALS (RFP) BANKING SERVICES PROPOSAL INFORMATION: DEADLINE: August 2, 2024, at: 3pm SUBMITTO: Amy Revak ChiefClerk revak@layettepa.08  INQUIRIES: CaseyLeonard Finance Director eonardelsyetepa.os  Fayette County Courthouse 61 East Main Street Uniontown, PA1 15401  724.430.1200 f.724.430.1265 fayettecountypa.org    Fayette County Pennsylvania is seeking proposals from depository banks to accommodate  two bank deposit accounts associated with the Fayette County. Jail.  Account #1:. Jail Revenue Fund  Deposits tot this account will include vendor rebates, inmate booking fees, and any other revenues generated at the Fayette County. Jail. These funds will be transferred quarterlyto the Fayette County General Fund. The minimum balance maintained will be determined by your bank's requirements as provided ini the RFP. We anticipate minimal checkv writing from this account. We suggest this be an interest-bearing account per your bank's proposal.  Account #2: Inmate Asset Trust Account  This account will accept deposits from inmate assets which were in his/her possession at jaili intake. These funds are immediately payable tot the inmate upon his/her release. Activity on this account will be restricted to returning an inmate's assets through the use of debit cards with occasional check writing. Please advise thati this mode of payments is  suitable to your institution and fees for such.  For ease of operations, Fayette County wishes to utilize one depository bank for both  accounts.  Please provide by 3pm on August 2, 2024, to Amy Revak, Chief Clerk, your bank's list of account fees, anyi interest rates paid, minimum balance requirements, and any other requirements for each account. Please provide a statement of non-collusion and a statement acknowledging any conflicts of interest as part of your proposal.  The Fayette County Board of Commissioners reserves the right to reject any and all proposals submitted, for any reason whatsoever, as it deems in the County's best interest.    Resolution Office of the Commissioners COUNTY OF FAYETTE Commonwealth of Pennsylvania  RESOLUTION NO.:  WHEREAS, by a Deed dated. July 11, 2002, and recorded in the Office of the Recorder of Deeds of Fayette County, Pennsylvania, on September 4, 2002, in Record Book Vol. 2832, page 1072, and by a corrective Deed, dated July 11, 2002, and recorded in the Office of the Recorder of Deeds of Fayette County, Pennsylvania, on October 15, 2002, in Record Book' Vol. 2837, page 77, the COUNTY OF FAYETTE conveyed a piece, parcel, or tract of land situate in South Union Township and Menallen Township, Fayette County, Pennsylvania, containing 188.52 acres, to the REDEVELOPMENT AUTHORITY OF THE COUNTY OF FAYETTE, PENNSYLVANIA, the same being more fully described in said Deeds, which are  incorporated herein by reference thereto; and  WHEREAS, the purpose of the aforesaid conveyances from the COUNTY OF FAYETTE to the REDEVELOPMENT AUTHORITY OF THE COUNTY OF FAYETTE, PENNSYLVANIA, was to facilitate economic development in Fayette County by! having the REDEVELOPMENT AUTHORITY OF THE COUNTY OF  FAYETTE, PENNSYLVANIA, develop a business and industrial park; and  WHEREAS, said conveyances from the COUNTY OF FAYETTE to the REDEVELOPMENT AUTHORITY OF THE COUNTY OFF FAYETTE, PENNSYLVANIA, are subject to a condition that if the title to any portion of the property sO conveyed is not used for "industrial development", it shall revert to the COUNTY OF  FAYETTE; and  WHEREAS, by virtue of an amendment to the Act of August 9, 1955, P.L. 323, section 2306 (16 P.S. 2306), being Act of June 25, 2001, P.L. 666, No.! 57, section 3, effective in 60 days, the provisions of said Act restricting conveyances by a Board of County Commissioners for various reasons was not made mandatory to a Redevelopment Authority created under the "Urban Redevelopment Law", being the law under which the REDEVELOPMENT AUTHORITY OF THE COUNTY OF FAYETTE, PENNSYLVANIA, was  created; and    WHEREAS, the Commissioners of Fayette County are desirous of having the REDEVELOPMENT AUTHORTIY OF THE COUNTY OF FAYETTE, PENNSYLVANIA, convey a portion of said premises, being all that certain piece, parcel, or lot of land situate in South Union Township, Fayette County, hereinafter referred to as the "Site Plan", attached hereto, marked Exhibit "A", to a We-Do Properties, LLC, a Pennsylvania limited liability corporation, under applicable zoning regulations, and  Bengsidenvined as Lot  on the Site Plan dated  prepared by  thereby create a basis for the County of Fayette to collect real estate taxes;  NOW, THEREFORE, having reviewed the land area intended to be conveyed and a schematic plan indicating Developer's intent to make certain infrastructure improvements and constructa motorsport sales facility on the Property containing approximately 30,000 square feet. ITIS HEREBY RESOLVED that the restriction for "industrial development" contained in the  aforesaid Deeds from the COUNTY OF FYAETTE to the REDEVELOPMENT AUTHROITY OF THE COUNTY OF FAYETTE, PENNSYLVANIA, will be withdrawn and released from the title to the land conveyed to the prospective Developer, We-Do Properties, LLC, at the closing with the Developer; and prior to closing, the REDEVELOPMENT AUTHORITY OF THE COUNTY OF FAYETTE, PENNSYLVANIA, will certify to the COUNTY OF FAYETTE that the following conditions have been met, and the COUNTY OF FAYETTE will join in the deed transferring title for the sole purpose of indicating its satisfaction that the following conditions have been met and that the restriction for "industrial development" is withdrawn and  released.  (A) The Contract of Sale must contain provisions requiring the Developer to timely complete all land improvements, and the infrastructure improvements, building plans, and construction of parking spaces, as  indicated on the attached schematic plan.  (B) The Contract of Sale must contain provisions that the Developer shall not be considered to have fully complied with all of its approved plans for land improvement and construction that were officially approved by the REDEVELOPMENTAUTHORITY OF THE COUNTY OF FAYETTE, HRNNSYLVANIA, and the COUNTY OF FAYETTE, until REDEVELOPMENT AUTHORITY OF THE COUNTY OF FAYETTE, PENNSYLVANIA, prepares, executes, and records a Certificate of  Completion.    BE IT FURTHER RESOLVED that this Resolution applies to We-Do Properties, LLC, the Developer, for the property tol be conveyed toi them for land development, building construction, and uses anticipated and approved by the REDEVELOPMENT AUTHORTIY OF THE COUNTY OF FAYETTE,  PENNSYLVANIA, and the COUNTY OF FAYETTE.  CERTIFICATE OF ADOPTION OF RESOLUTION  WE, FAYETTE COUNTY COMMISSIONERS, HEREBY CERTIFY THAT THE FOREGOING RESOLUTION ISATRUE AND CORRECT COPY OF A RESOLUTION DULY ADOPTED BY US AT A PUBLIC FAYETTE COUNTY  COMMISSIONERS MEETING HELD ON THE  DAY OF  2024.  FAYETTE COUNTY BOARD OF COMMISSIONERS  By  Scott Dunn, Chairman  By  Vincent A. Vicites, First' Vice-Chairman  By  David Lohr, Secretary  ATTEST:  Amy Revak, Chief Clerk    REDEVELOPMENT AUTHORITY OF THE COUNTY OF FAYETTE, PENNSYLVANIA  and  COUNTY OF FAYETTE,  Sellers,  and  WE-DO PROPERTIES, LLC  Purchaser.    CONTRACT FOR SALE OF LAND  NayDf on orasof,Be24,byandh between the REDEVELOPMENT AUTHORITY OF  THE COUNTY OF FAYETTE, PENNSYLVANIA, a public body and al body corporate and politic created, organized, and existing in accordance with the Urban Redevelopment Law of the Commonwealth of Pennsylvania, Act of May 24, 1945, P.L. 991, as amended, maintaining its principal business office in the City of Uniontown, Fayette County, Pennsylvania, hereinafter solely referred to as "Authority", and COUNTY OF FAYETTE, a fourth class county and political subdivision of the Commonwealth of Pennsylvania with its county seat and principal office int the City of Uniontown, Fayette County, Pennsylvania, hereinafter solely referred to as "County",said  Authority and County hereinafter jointly referred to as "Sellers",  a  n  d  WE-DO Properties, LLC, a Pennsylvania Limited Liability Corporation maintaining its principal business office at 1399 Connellsville Road, North Union Township, Fayette County, Pennsylvania, hereinafter referred to as  "Purchaser",  WITNESSETH, that Sellers agree to grant and convey to Purchaser, and Purchaser agrees to purchase  from Sellers, the following described premises, hereinafter referred to as the "Property":  ALL that certain piece, parcel, or lot of land situate in South Union Township, Fayette County, Pennsylvania, being roughly identified as "Lot 1-A" on the Conceptual Site Plan, attached hereto, marked  Exhibit "A", and made a part hereof.  UNDER AND SUBJECT to a Declaration of Protective Covenants, Conditions, and Restrictions for the Fayette County Business Park, prepared by the owner, Redevelopment Authority of the County of Fayette, Pennsylvania, dated May 27, 2005, and recorded in the Office of the Recorder of Deeds of  Fayette County, Pennsylvania, on June 15, 2005, in Record Book Vol. 2949, page 892.  UNDER AND SUBJECT to the setback lines, rights of way, and ground and overhead easements  indiçated on the Conceptual Site Plan.    EXCEPTING AND RESERVING and UNDER AND SUBJECT to all conveyances, restrictions, exceptions, reservations, easements, conditions, and as modified by Paragraph 16 of this Agreement and other matters contained in the deeds from the County to the Authority, hereinafter recited, affecting the Property, and in prior deeds, agreements, and surveys affecting the Property that were recorded prior to the Authority having acquired title thereto by virtue of the hereinafter recited deeds and as further modified by Paragraph 16 of this BEING part of a larger tract of land conveyed to the Authority herein by one deed from the County, dated July 11, 2002, and recorded in the Office of the Recorder of Deeds of Fayette County, Pennsylvania, on September 4, 2002, in Record Book Vol. 2832, page 1072, and another corrective deed from the County, dated July 11, 2002, and recorded in the Office of the Recorder of Deeds of Fayette County, Pennsylvania, on October 15, 2002, in Record Book  Agreement.  Vol. 2837, page 77.  THIS Contract is made subject to the following terms, provisions, and conditions:  1. Consideration: Purchaser agrees to pay to the Authority as consideration for the Property the sum of $70,000.00 per acre. No down payment is required, and Purchaser is required to pay the full consideration in cash upon the delivery of a deed as hereinafter set forth. 2. Delivery of Deed and Possession of Property: Sellers shall execute, acknowledge, and deliver to Purchaser a good and sufficient Special Warranty Deed for the Property in fee simple and free and clear of all encumbrances at the time that Purchaser shall request same to be done, but no later than one hundred twenty (120) days following the date of this Contract. Possession of the Property shall be delivered to Purchaser by the Authority on the date of closing. Time is of the essence in regard to said ultimate closing date. In the event that this Contract is not amended, and Purchaser shall fail to close and pay full consideration by the ultimate closing date, this Contract shall be void and unenforceable. In such event, it is specifically understood and agreed upon by the parties hereto that Purchaser shall no longer have the right to purchase the Property under this Contract, and none of the parties hereto shall have any right to recover any damages from any other party hereto, individually or jointly, for al breach of this Contract.    3. Recording of Deed: Purchaser shall promptly record said Special Warranty Deed in the Office of the Recorder of Deeds of Fayette County, Pennsylvania, following the closing, and shall  pay all required recording costs.  4. Real Estate Taxes: Since the Authority is exempt from the payment of real estate taxes on the Property so long as the Authority is the owner of same, Sellers will not pay any real estate taxes that may become due and owing following the conveyance of the Property from Sellers to Purchaser. However, the Authority will pay for any delinquent real estate taxes on the Property that may have been charged to and not paid by a prior owner of the  Property who was not exempt from the payment of real estate taxes.  5. Real Estate Transfer Taxes and Broker's Fees and Commission: At Closing, Purchaser shall pay the Pennsylvania Real Estate Transfer Tax, the! South Union Township Real Estate Transfer Tax, and the Laurel Highlands School District Real Estate Transfer Tax that become due and payable when the Special Warranty Deed conveying title to the Property is recorded. In addition, Purchaser shall pay any and all Broker's Fees and, / or Commissions. 6. Inspections: From the date of this Contract to the Closing Date, Purchaser shall have the right to inspect, and to perform due diligence and feasibility studies with respect to the Propertyi including, without limitation, a title examination, survey, Phaselenvironmental studies, soil testing, environmental site assessments, soil and geology assessments, drainage stodiss, engineering inspections, appraisals, utility availability inspections, assessments, zoning and land use planning assessments, impact and entitlement fee assessments, and assessments related to the availability of requisite and/or advisable licenses, permits, certificates, authorizations, consents, and other approvals. Purchaser shall have the absolute and unfettered right to terminate this Contract in writing up to ten (10) days prior to the Closing Date ifi it determines the Property to be unsuitable or  inappropriate fori itsi intended use.    7. Title Examination: Purchaser shall notify Seller of any defects in title. Seller shall use reasonable efforts to cure such defects within thirty (30) days of receipt of such notice. If Seller has not cured such defects within such thirty (30) day period, Purchaser, at its sole option, may terminate this Agreement by delivering written notice to Seller, or may elect to waive in writing any such title defects. Purchaser shall have the right to access the Property in connection with its inspection, due diligence and feasibility studies upon reasonable  advance notice to Sellers.  8. Special Warranty Deed Covenants and Restrictions: The Special Warranty Deed of conveyance from Sellers to Purchaser shall contain the following express conditions and covenants applicable to the Property during and following construction of the improvements A. DpwPlABgeentghall make certain infrastructure improvements and construct a motorsport sales facility containing approximately 30,000 square feet, hereinafter referred to as the Development.Altached hereto, marked Exhibit "B", and made a part hereof, is a schematic plan for land improvements, building construction, and parking spaces submitted to Sellers by Purchaser for Sellers' necessary approval and Sellers' execution of this Contract establishes their necessary approval of said B. Surface, Subsurface, Environmental Conditions: Except as is set forth in Section 15 hereof, Sellers shall make no representations or warranties in regard to surface, subsurface, and/or environmental conditions of the Property, and shall not be obligated to reimburse Purchaser for any materials or work purchased or performed by Purchaser C.EAb Exeavatinearth to be moved by Purchaser during construction shall be moved to an area of the Authority's Business Park as directed by the Authority. If the Authority has no need for excavated earth in its Business Park and sO informs Purchaser in writing of same, Purchaser shall have the right to move excavated earth anywhere it desires, sO long as the owner of that land approves the move.  thereon:  schematic plan.  in regard to same.    D. Financing and Liens: Purchaser shall pay all real estate taxes and other assessments levied upon the Property when due. Purchaser shall not engage in any financing or any other transactions creating any mortgage or other encumbrance or lien on the Property, whether by express agreement or operation of law, except for the purpose only of obtaining funds to pay the consideration for the Property and for making the required construction improvements to the Property until the Authority shall issue a final Certificate of Completion to Purchaser as hereinafter provided. Purchaser and/or Purchaser's successors and/or assigns shall notify Sellers in advance of any financing, secured by a mortgage or other similar lien instrument that it proposes to enter into with respect to the Property, other than the Construction Financing. Construction Time and Delay: Improvements to be made to the Property by Purchaser in accordance with the approved plans and specifications shall be commenced within sixty (60) days after conveyance of the Property and shall be completed within twenty-four (24) months after commencement thereof. Int the event of a delay in construction due to unforeseeable causes beyond Purchaser's control and without its fault or negligence, Purchaser shall not be considered in breach or default ofi its obligations with respect to the preparation of the Property for development or the commencement and completion of the construction of the improvements if Purchaser seeking the extension shall request itin writing of the Authority within ten (10) days after the beginning of the delay. The time to complete the construction shall be extended for the period of the enforced delay as determined by the Authority. Mechanics' Liens and Security: Every prime contract for construction, installation, alteration, repair of, or addition to the Property, where the estimated cost shall exceed Ten Thousand Dollars 51000.mal-conan a provision obligating the prime contractor to the prompt payment of all material furnished, labor supplied or performed, rental for equipment employed, and services rendered by public utilities in or in connection with the performance of the work, whether or not the said material, labor, equipment, and services enter into and become component parts of the work or improvements contemplated; and every such provision shall be deemed to be included for the benefit of every person, co-partnership, association, or corporation, who as subcontractor or otherwise, has furnished material, supplied or performed labor, rented equipment, or supplied services in or in connection with    the performance of the work as aforesaid, and the inclusion thereof in any contract shall preclude the filing by any such person, co-partnership, association, or corporation of any mechanics' lien claim for such material, labor, or rental of equipment, and further requiring that the Purchaser shall provide to the Authority evidence of financial security for the prompt payment by the prime contractor for materials, supplies, labor, services, and equipment. Such financial security shall equal 100% of the contract amount, shall be in such form as the Authority may prescribe and may include, but not be limited to, any one or a combination of the Lan appropriate bond from a surety company authorized to do business in ii. an irrevocable letter of credit from a Federal or Commonwealfichairtered  following:  the Commonwealth of Pennsylvania;  lending institution; or iii. a restrictive or escrow account.  G. Limited Power to Sel!: Except with respect to the mortgage granted in connection with the Construction Financing, until Purchaser certifies to the Authority that the construction of the Development has been completed, and a Certificate of Completion is issued by the Authority and filed of record confirming Purchaser's completion of construction of the Development, Purchaser shall be without power to encumber, sell or  otherwise transfer fee simple title of the Property, or any part thereof.  H. Required Project Cost Certification: Purchaser and every prime contractor shall provide the Authority with written statements of the estimated cost of every prime contract for construction, installation, alteration, repair of, or addition to the Property. In the event that the total of those estimated costs exceeds One Million Dollars $1,000,000.00), Purchaser shall provide to the Authority, and shall cause each contractor to provide or submit to the Authority, a project cost certification performed by one or more independent, third-party certified public accountants establishing the actual total construction costs incurred and paid by the Purchaser and each prime contractor in connection with the redevelopment project. The receipt of the construction cost certificates shall be a condition for receiving a certiticate of completion  as hereinafter provided.    Revesting of Title to Property: In any of the events that Purchaser (a) fails to complete construction of the Development and obtain a Certificate of Completion within the time period set forth herein; (b) shall fail to pay real estate taxes on the Property prior to obtaining a required certificate of completion; and/or (c) causes an encumbrance or lien to be entered of record on the Property unauthorized by this Contract, and fails to cure any or all of said Contract violations at Paragraph 8 Subsection (A), (B), and/or (C) within ninety (90) days after receiving a written demand from the Authority so to do; or (d) violates this Contract by transferring fee simple title to the Property or any part thereof, and fails to cure that violation within sixty (60) days after receiving written demand from the Authority so to do; then the Authority shall have the right to reenter and take possession of the Property and terminate the estate conveyed by Special Warranty Deed to the Purchaser, together with other provisions of this Contract, and title to the Property shall thereupon revert to the Authority; Provided, that the revesting of title in the Authority shall be subject to and limited by, and shall not defeat, render invalid, or limit in any way the lien of any mortgage authorized by this Contract and/or any right or interest provided in this Contract for the protection of the holder of such mortgage. J.D Discrimination Violation: Purchaser shall not discriminate against any person on the basis of race, color, religion, sex, or national origin in the sale, lease, rental, or use of the  Property, including the improvements to be erected thereon.  9. Binding Effect of Deed Covenants and Restrictions: Except as hereinafter provided, the foregoing covenants and restrictions shall be covenants and restrictions running with the land and binding to the fullest extent permitted by law and equity, without any limitation as to time, for the benefit, in favor of, and enforceable by the Authority and/or the Authority's successors and/or assigns, the County, and the United States of America in the case of the covenant provided for at Paragraph 8(J) aforesaid, against the Purchaser and/or Purchaser's successors and/or assigns, and every successor in interest to the Property, or any part thereof, or any interest therein, and any party in possession or occupancy of the Property, or any part thereof, without regard as to whether any stated beneficiary is the owner of any real estate subject to said covenants and restrictions; and, in the event of the breach of any of the aforesaid covenants or restrictions by Purchaser or Purchaser's successors and/or assigns, the aforesaid beneficiaries of said covenants and restrictions shall have the right to exercise all the rights and remedies, or other proper proceedings, to enforce the curing of    such breach. The Special Warranty Deed delivered by Sellers shall stipulate that the covenants and restrictions contained at Paragraph 8(A) to 8(1), inclusive, shall terminate on the date that the Authority issues a certificate of completion for the Development; provided, however, that the termination of the covenant at 8(D) shall in no way be construed to release the Purchaser from any obligation Purchaser may have to pay real estate taxes or assessments on the Property; and provided further that the holder of any mortgage authorized as aforesaid who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof (but not any purchaser at a foreclosure sale other than the holder of the mortgage foreclosed, or any party who obtains title to the Property or any part thereof from or through a mortgagee who purchases the property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof) shall not be obligated by the provisions hereof to construct or complete the construction of the improvements required herein, or to guarantee such construction or completion; and, even though such holder is not obligated by the provisions hereof to construct or complete the construction of the improvements required herein, or to guarantee such construction or completion, such holder shall not be permitted or authorized, without the consent of Sellers, to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided for in Purchaser's plans and  specifications.  10. Release of "Industrial Development" Restriction: The County hereby acknowledges and confirms that its "industrial development" restriction and any other restriction or limitation which could reasonably be construed as prohibiting or restricting Purchaser's ability to construct and operate a medical office building on the Property (collectively, the "Adverse Restrictions") set forth in its prior recited deeds to the Authority will be officially withdrawn and released by virtue of its adoption of the resolution attached hereto, marked Exhibit "C", and made a part hereof; its execution, acknowledgment and recording of this CONTRACT FOR SALE OF LAND; and its execution, acknowledgment, and recording of the SPECIAL WARRANTY DEED contemplated by this Contract. Sellers covenant and agree that such resolution shall be attached as Exhibit to the SPECIAL WARRANTY DEED, and Sellers shall take all other steps and execute such other documents or instruments as may necessary or convenient with respect to the release of such  Adverse Restrictions.    11. Certificate of Completion: Promptly after completion of the Development, the Authority will furnish Purchaser with an appropriate instrument so certifying. The Certificate of Completion shall be in such form as will enable it to be recorded in the Office of the Recorder of Deeds of Fayette County, Pennsylvania, and: shall not be unreasonably withheld, conditioned or delayed.  12. Resale of Property and Disposition of Proceeds: In the event that title to the Property, or any part thereof, shall revert to the Authority by virtue of a default or violation of the Purchaser or its successors and/or assigns as set forth in Paragraph 8(1) hereof, the Authority shall use its best efforts to resell the Property in a commercially reasonable manner to a qualified and responsible party or parties who will assume the obligation of making or completing the construction of the planned improvements. Upon such resale solely by the Authority, the proceeds thereof shall be  applied as follows:  A. First, to reimburse the Authority for all of its costs and expenses incurred in revesting title in itself and reselling the Property, including but not limited to reasonable compensation paid to personnel in connection with the recapture, management, and resale of the Property, or any part thereof; the payment of taxes, assessments, and water and sewer charges with respect to the Property or any part thereof; any payments made or necessary to be made to discharge any encumbrances or liens existing on the Property or any part thereof; any expenditures made or obligations incurred with respect to the making or completion of the Development; and any amount otherwise owing to the Authority by the Purchaser and/or its successors and/orassigns;  B. Second, to reimburse the Purchaser, its successors and/or assigns, up to an amount equal to the sum of the purchase price for the Property and cash actually invested by Purchaser in performing development less any gains or income withdrawn or made by C.Third, any balance remaining after such reimbursements shall be retained by the  them from Purchaser's use of the Property; and  Authority as its property.  13.Special Provision: This Contract for Sale of Land incorporates all prior negotiations and agreements between the parties hereto, and the parties hereto covenant and agree that no prior agreements between them, whether oral or written, or expressed or implied, shall  have any binding force or effect.    14. Removal of Surface Support: The following Notice is included in this Contract pursuant to the Removal of Surface Support Act of the Commonwealth of Pennsylvania which requires that it be included in every agreement of sale executed and delivered with respect to the surface of land for the purpose of selling, conveying, transferring, agreeing to sell, convey, or  transfer same:  NOTICE THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULTTO THE: SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON ORI IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY, ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. (This notice is set forth pursuant to Act of July 17, 1957, P.L. 984, Section 1, as amended by the Act of September 10, 1965, P.L. 505, No. 255, Section 1; 52P.S. 1551.) 15. Bituminous Mine Subsidence: The Bituminous Mine Subsidence and Land Conservation Act of the Commonwealth of Pennsylvania (Act of Sp. Sess. No. 1, April 27, 1966, P.L. 31. Section 14, amended Oct. 10, 1980, P.L. 874, No. 156, Section 1; 52P.S. 1406.14) requires that the grantor in every deed for the conveyance of surface land in a county in which bituminous coal has been found andi is separately assessed for taxation shall certify in the deed whether any structure then or thereafter erected on the land 50 conveyed is entitled to support from the underlying coal. If the grantor shall not certify that there is such right of support, the grantee shall sign a statement printed ini the deed in a contrasting color with no less than twelve point type that he knows that he may not be obtaining the right of protection against subsidence resulting from coal mining operations and that the purchased property may be protected from damage due to mine subsidence by a private contract with the owners of the economic interest in the coal. Such statement shall be preceded by the word "Notice" printed int the same color as the statement with no less than twenty-four point type. Sellers will not certify in Sellers' deed to Purchaser that therei isa a right of support as: stated, and the parties hereto agree that the following Notice, printed in required form, will appear in the  deed conveying the Property and will be signed by Purchaser.  NOTICE  In accordance with the provisions of "Bituminous Mine Subsidence and Land Conservation Act of 1966", I/we, the undersigned grantee/grantees, hereby certify that I/we know and understand that I/we may not be obtaining the right of protection against subsidence resulting from coal mining operations and that the purchased property may be protected from damage due to mine subsidence by a private contract with the owners of the economic interest in the coal. I/we further certify that this certification is in a color contrasting with that in the deed proper and is printed in twelve-point type preceded by the word "notice" printed in twenty-  four-point type.    16. Binding Effect: This Contract shall bind and inure to the benefit of the parties hereto and  their respective successors and/or: assigns.  IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have duly executed this  Contract as of the day and year first above written. REDEVELOPMENT AUTHORITY OF THE COUNTY OF FAYETTE,  PENNSYLVANIA  By: Paul H. Bortz, Jr., Chairman  COUNTY OF FAYETTE, PENNSYLVANIA  Attest: Dale Malinzak, Secretary  By: Scott Dunn, Chairman  By: Vincent A. Vicites, First Vice-Chairman  By: David Lohr, Secretary  Attest: Amy Revak, Chief Clerk  Purchaser:  Name: Title:    MENARDS PLAN OFLOTS MENARD, ING.  MCMILLEN ENGINEERING INC undsryars Vriomown PAI 15401 Phone 9 Enal