BUTLER COUNTY BOARD OF COMMISSIONERS Public Meeting Wednesday, May 8, 2024 10:00 AM AGENDA . CALL MEETING TO ORDER H. MOMENT OF SILENT PRAYER/PLEDGE OF ALLEGIANCE III. PUBLIC COMMENT ON AGENDA ITEMS IV. APPROVAL OF MINUTES April 24, 2024, Public Meeting V. PROCLAMATIONS AND PRESENTATIONS A. Previously presented: Jim Boltz's Retirement B. Previously mailed: Remake Learning Days Across Butler County - May 2-22, 2024 VI. FINANCE REPORT VII. OLDBUSINESS VII. BOARD OF ELECTIONS A. Announcement: An Executive Session was held with the Board of Commissioners B. Ratification of approval to hire Attorney Kathleen Goldman of Buchanan Ingersoll & Rooney PC to provide legal counsel and services for the Elections Bureau for the action filed by Faith Genser and Frank Matis against the Butler County Board of Elections and any legal counseling services relevant to the 2024 general election at arate of $505/hour, Solicitor authorized to electronically sign the engagement letter. on Wednesday, May 1, 2024, with regard to litigation. IX. NEW BUSINESS A. Human Services - Children & Youth 1. Approval of five Agreements with Avanco International, Inc. related to the Child Accounting and Profile System Application (CAPS - CYS data management system) for the period of 7/1/24 - 6/30/25: Authorized User 24/7 access (up to 65 users) in the amount of $40,185.65. Butler County's share for the development of the CWIS 2024/2025 in the amount of $4,462.97. Upgrades, which include changes necessary to keep the system in compliance with the federal and state mandates for Consulting contract not to exceed $50,000. reporting. Butler County is 1 of5 56 counties sharing in the cost of the upgrades, with authorization for the Chairman to sign. HIPAA Business Associate Agreement. Part of the approval, with authorization for the Chairman to sign. AFCARS Upgrade and Maintenance totaling $3,607.66, with authorization for the Chairman to sign. B. Planning CDBG 1. Bid Award for Alameda Multi-Use Field Project: On April 24, 2024, at the 10:00 a.m. public meeting, bids were opened electronically via PennBid for this project. Six bids were received, the results are as follows: Company Stonewall Excav. $83,708.96 Holbein, Inc. Hiles Excav., LLC $91,519.00 Dun Rite Const. Wright Asph. & Con. $123,491.00 Murin & Murin, Inc. $170,419.00 Base $80,170.70 $105,269.85 Alt1 $5,495.97 $9,721.50 $7,893.00 $9,751.00 $24,270.00 $15,245.00 Alt2 $7,400.11 $12,593.90 $10,363.00 $11,870.00 $14,200.00 $14,275.00 Total $96,605.04 $102,486.10 $109,775.00 $126,890.85 $161,961.00 $199,939.00 After reviewing the bids for all the required documents, it was found that the lowest bidder, Stonewall Excavating, did not fulfill the federal obligation to solicit MBE/WBE's and report such. The contractor was contacted and admitted that he did not do this even though the requirement and directions were available in the bid package. According to DCED's CDBG rules and regulations, we are required to throw out the bid as "invalid". Upon further review, we found that the second-lowest bidder, Holbein, Inc., did submit all the required federal documents and all the paper work was found to be in order. Upon the recommendation of the engineer, Widmer Engineering, we are asking approval to award to Holbein, Inc. in the amount of $102,486.10 for Base Bid, Alt 1 and Alt 2. C. Planning - Recycling & Waste Management 1. Approval to award a contract for consulting services for the update of the County's Municipal Solid Waste Management Plan as required by Act 101. These services will initially include the solicitation of proposals from landfills interested in providing guaranteed landfill space for municipal solid waste produced within Butler County for the next decade. Proposals were due Friday, April 19, 2024. All three consultants that submitted proposals have indicated that they have no objections to any of the terms in the agreement. This project is eligible for an 80% funding match through 2. Approval to submit a grant application, if needed, in the name of Butler County on behalf of the Blind Association for the purchase of a box truck for their Out of Sight shredding business. The grant is Act 101, Section 902, Recycling Equipment Grant and under the terms, only municipalities can apply, and they must maintain ownership of any funded equipment. In this case, the County would maintain ownership of the truck, but the Blind Association would be responsible for all insurance, liability, registration, inspections and maintenance of the truck. The Blind Association is in the process of contacting two local municipalities about their possible participation, but if that falls through, the County would be the applicant, if approved. There is a 10% match on this grant that the Blind Association will be responsible for, sO there is no cost to the County other than administrative time. Act 101, Section 901 Planning Grant from DEP. D. Property & Revenue 1. Approval of settlement of Cardinal Land Holdings LLC assessment appeal; Case No. 2. Approval of settlement of Madison Grove, LLC assessment appeal; Case No. 2023- 2023-40340. 40328. E. Public Defender 1. Approval to apply for the 2023/24 PCCD Indigent Defense Grant. Ifapproved, the County would receive up to $95,243 from the Commonwealth of Pennsylvania for indigent defense. The term of the grant is from 7/1/24 - 12/31/25. The funds would be used to purchase case management software, to hire a part-time social worker and to contract with an attorney to cover mental health commitments. The deadline toa apply for this non-competitive grant is 5/23/24. F. Commissioners 1. Approval to appoint Lori Stearns to serve as the South Butler Community Library Representative on the Federated Library Board for the term 4/2024 12/2026 (replacing Kristan Allen). X. APPROVAL OF BUDGETARY TRANSFERS, RATIFICATION OF PERSONNEL TRANSACTIONS, TRAVEL REQUESTS, REQUISITIONS AND CHECK REGISTER XI. CONFERENCE TIME WITH MEDIA XII. PUBLIC COMMENT ON GENERAL ITEMS XII. ADJOURMMENT BUTLER COUNTY COMMISSIONERS MEETING SCHEDULE NEXTI PUBLIC MEETING: Wednesday, May 22, 2024, at 10:00 a.m. Public Meeting Room, 1st Floor Government Center Public Meeting Calendar is available online at ttps./www.Dutlercountypa.govy NOTE: Agenda is subject to change due to unforeseen circumstances. BUTLER COUNTY BOARD OF COMMISSIONERS Public Meeting Wednesday, April 24, 2024 10:00 a.m. MINUTES PRESENT: Chairman Leslie Osche Commissioner Kimberly Geyer Commissioner Kevin Boozel Lori Altman, Chief Clerk/Human Resources Ann Brown, Budget & HS Finance Director Julie Graham, Solicitor Maria Malloy, Deputy Clerk Rene Manna, Admin. Assistant Lori Shah, Admin. Assistant Pam Hammonds, Admin. Assistant Matthew Vickless, Commissioners Office Shawn Pugh, Commissioners Office Laura Ankrom, Controller's Office Steve Bicehouse, Emergency Services Matt Chapman, IT Rich Goldinger, District Attorney Kevin Gray, Planning - Bridges Joel MacKay, Planning Janet Mentel, Property & Revenue Jennifer Newton, Planning - CDBG Leslie Powers, Controller's Office Doug Ritson, Probation Brandon Savochka, Human Services Mike Slupe - Sheriff Jim Venturini, IT Lance Welliver, Parks & Recreation CALL MEETING TO ORDER 1st Floor Government Center. VISITORS: Karen Barbati, Lancaster Twp. Steve Crawford, East Butler Carol Christner, Clinton Twp. Katie Gonzalez, VOICe Catherine Lalonde, Lancaster Twp. Jim Norton, Meridian Edie Rath, Penn Twp. Tracy Veri, VOICe MEDIA: Steve Ferris, Butler Eagle Tyler Friel, Butler Radio The regular public meeting of the Butler County Board of Commissioners was called to order by Chairman Leslie Osche at 10:01 a.m. on Wednesday, April 24, 2024, in the Public Meeting Room, MOMENT OF SILENT PRAYERIPLEDGE OF ALLEGIANCE Amoment of silent prayer was observed, followed by the Pledge of Allegiance. PUBLIC COMMENT ON AGENDA ITEMS No public comment was made. APPROVAL OF MINUTES Chairman Osche called for a motion to approve the April 10, 2024 Public Meeting minutes. 1 Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried unanimously. A. Being presented today: B. Previously presented: Motorcycle Safety and Awareness Month - May 2024 Joseph W. Taylor's Retirement National Donate Life Month - April 2024 Colonel Brian J. Neff, United States Airforce C.F Previously mailed: FINANCE REPORT February 28, 2023. OLD BUSINESS None BOARD OF ELECTIONS municipalities. NEW BUSINESS A. Court Administration A. Ann Brown gave a brief financial report through February 29, 2024 with comparison to The Commissioners each voiced their appreciation for the election workers here at the County and at the 1. Doug Ritson requested approval of the Day Reporting Center (DRC) Program PCCD Grant #43924 in the amount of $260,000 to continue funding the program for the purpose of identifying appropriate Level 2, 3 and 4 offenders, diverting them from incarceration and supporting/montoring their participation in treatment-Dased probation with restrictive condition sentences. The grant covers; salary and benefits for an Intensive Case Manager; partial salary and benefits for an Intensive Probation Officer ($88,000 is able to be used toward the salary and benefits); treatment expenses; drug testing; supplies and operating expenses SCRAM-alcoho monitoring); drug testing supplies and bus tokens, etc. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried unanimously. B.D District Attorney 1. District. Attorney Rich Goldinger requested approval of a Quote with 908 devices in the amount of $101,462.58 to purchase an MX908 handheld mass spectrometer chemical detection system with supplies. This machine will be funded with 65% Opioid Settlement and 35% American Rescue Plan. Act dollars and will be housed at the Butler County Prison. We expect that the majority of the machine's usage will result in treatment outcomes fori the offender, such as the LETI Initiative. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 2. Rich Goldinger requested approval of a Pass Through Contract Agreement between VOICe, asa subgrantee, and Butler County, as the Contractor. VOICe will be making an application to PCCD for the STOP Violence Against Women funds. From this grant, VOICe will pay the County the unanimously. 2 amount of $62,500/year for three years, funds to be used to pay for a portion of salary/benefits for an Assistant District Attorney and Detective, with authorization for the Chairman to sign. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried unanimously. C.E Emergency Services 1. Steve Bicehouse requested approval of a Quote from DQE Communications for internet services for the 911 Center for a term ofi five years at the cost of $485/month, with authorization for the Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried Chairman to sign. unanimously. D. Human Services 1, Brandon Savochka requested approval of a contract amendment for the period 7/1/23-6 6/30/24 for Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried ANR Amendment #3 - add Intellectual Functioning Evaluation at $500/each. unanimously. E. Human Services - Drug & Alcohol 1. Brandon Savochka requested approval to reappoint Mark Lope for a second three-year term Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried (5/1/24 : 4/30/27) to the Commissioners' Council on Drugs and Alcohol. unanimously. F. Information Technology 1. Jim Venturini requested approval of a three-year Commercial Services Agreement with Armstrong Utilities, Inc. for the internet service at 107 Woody Drive, Butler, PA, in the amount of $89. .95/month, with authorization for the Chairman to sign. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 2. Jim Venturini requested approval of at three-year Commercial Services Agreement with Armstrong Utilities, Inc. for the internet service at 530 Fairground Hill, Butler, PA, in the amount of unanimously. $89.95/month, with authorization for the Chairman to sign. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried unanimously. G.F Parks and Recreation 1. Lance Welliver requested approval to apply for the Pennsylvania Recreation and Park Society (PRPS) Spotlight Celebration based on the recommendation of the Parks and Recreation Advisory Board. PRPS will select a total of three in the state; one park in each of the three districts (we are in Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried District 1). Ifselected, the celebration will take place on 7/19/24. unanimously. 3 H. Planning 1. Joel MacKay requested approval oft the proposed Subdivision and Land Development Ordinance (SALDO) Amendments. The proposed Ordinance Amendments clarify requirements for subdivision and land developments within the municipalities under the jurisdiction of the County Ordinance. These clarifications include procedures for: Solar and Wind Decommissioning Plan Requirements (Section 620.14.3), revised Decommissioning Cost Calculations (Section 620.14.5 and 6), the addition of Decommissioning Company and Landowner Agreements and Board contracts (Appendix 1& II), the addition of Developers Agreement (Section 801 and Appendix IH), and the addition of a Financial Security Agreement for the Installation of Public improvements (Section 802 and Appendix IV). Solicitor Julie Graham added that all required ads have been completed; a public hearing was held on 4/10/24 (no public comments were received); and al legal notice was placed in the Butler Eagle on 4/15/24 requesting for publication of Notice of Proposed Amendment Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried Enactment. unanimously. .P Planning - Bridges 1. Kevin Gray requested approval of Reimbursement Agreement - 1v with PennDOT for the replacement of County Bridge #24 Kelly Bridge, in' Worth Township. This Agreement has financial changes, to adjust the allocation of funds to different areas of the project, with authorization for the Chief Clerk to sign. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 2. Kevin Gray requested approval of Resolution No. 2024-8, authorizing Lori Altman, Butler County's Chief Clerk, to electronically sign the attached Agreement on behalf of Butler unanimously. County. unanimously. J. Planning - CDBG Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 1. Jennifer Newton opened bids for the Alameda Multi-Use Field Project via PennBid electronic bidding. The bids were as follows: Name/Address of Bidder Dun Rite Const./Paving 1151 Oaklake Road Upper Burrell, PA 15068 Hiles Excavating LLC 481 E. Slippery Rock Road Chicora, PA 16025 Bid Bond Base Bid ALT1 ALT2 $11,870.00 $10,363.00 Total Bid $126,890.85 $109,775.00 X X $105,269.85 $9,751.00 $91,519.00 $7,893.00 4 Holbein, Inc. 180 Parker Road Sarver, PA 16055 Murin & Murin, Inc. 635 Monongahela Avenue Glassport, PA 15045 Stonewall Excavation 130 Fawn Trl. Evans City, PA 16033 Wright Asphalt and Concrete 1200 Sharon Road Beaver, PA 15009 X X X X $80,170.70 $9,721.50 $170,419.00 $15,245.00 $83,708.96 $5,495.97 $123,491.00 $24,270.00 $12,593.90 $14,275.00 $7,400.11 $14,200.00 $102,486.10 $199,939.00 $96,605.04 $161,961.00 Ms. Newton requested approval to table this issue pending further review. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried unanimously. K. Property & Revenue 1. Janet Mentel requested approval of settlement of. Jeffrey L. & Christine M. Weber assessment appeal; Case No. 2023-40351; with a New Fair Market Value of $630,000. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 2. Janet Mental requested approval of settlement of Eric S. Snyder assessment appeal; Case unanimously. No. 2023-40349; with a Fair Market Value of $200,000. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried unanimously. L.C Commissioners 1. Ann Brown requested ratification of Resolution No. 2024-7, authorizing the submission ofa request for funding through the Covid-19 ARPA Capital Projects Fund Multi-Purpose Community Facilities Program through the Pennsylvania Broadband Development Authority, as well as approval of the following supporting documents: * Affidavit - Covid-19 ARPA Capital Project Funds, PA Multi-Purpose Community Facilities Program, with authorization for the Chairman to sign Worker Protection and Investment Certification Form, with authorization for the Chairman Commonwealth of PA, Department of Community and Economic Development, Federal Funding Accountability, & Transparency Act Sub-Recipient Data Sheet (FFATA) Letter of Intent to submit request addressed to Butler Township Commissioners Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 2. Chief Clerk Lori Altman requested approval to reappoint the currently serving directors to the tos sign unanimously. Butler County Airport Authority Board as follows: 5 Joyce Schnur for the five-year term 6/1/24-5/30/29 Andrew Allen for the five-year term 10/1/24-930/29 Michael Walsh for the five-year term 10/1/24-9/30/29 Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 3. Ann Brown requested approval to award an American Rescue Plan Act Municipal Infrastructure Program grant to Petroleum Valley Regional Water Authority in the amount of Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried unanimously. $750,000. unanimously. APPROVAL OF BUDGETARY TRANSFERS, RATIFICATION OF PERSONNEL TRANSACTIONS, Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried TRAVEL REQUESTS, REQUISITIONS AND CHECK REGISTER unanimously. CONFERENCE TIME WITH MEDIA PUBLIC COMMENT ON GENERAL ITEMS None ADJOURNMENT adjourned at 10:54a a.m. There being no further business, Chairman Osche called for a motion to adjourn. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried unanimously. The meeting Respectfully submitted, Pam Hammonds Administrative Assistant Approved: BUTLER COUNTY COMMISSIONERS MEETING SCHEDULE: NEXT PUBLIC MEETING: LOCATION: Wednesday, May 8, 2024, at 10:00 a.m. Public Meeting Room, 1st Floor Government Center Public Meeting Calendar is available online at tpsywww.butiercuntypa.gov. NOTE: Agenda is subject to change due to unforeseen circumstances. 6 DocuSign Envelope ID: 9E0A6-C88F4248-88116EAACE8392E9 Buchanan Kathleen Jones Goldman 4125621401 anengedman@epecom Union Trust Building 501 Grant Street, Suite 200 Pittsburgh, PA 15219-4413 T412.5628800 F4125621041 May2, 2024 mrahamAcobutler.paus Julie M. Graham Solicitor for the County of Butler Butler County Solicitors Office 124 W. Diamond Street P.O. Box 1208 Butler, PA 16001 Re: Engagement Agreement for Legal Seryices Dear Ms. Graham: Buchanan Ingersoll & Rooney PC ("we" or the "Firm") will described in the attached Appendix A which, together with this letter, provide establish the the legal services agreement ("Agreement"). Appendix A, among other matters, identifies the client terms of our this engagement, defines the scope of our engagement, describes our fee wei represent in addresses matters specific to the attorney-client: relationship such as communications, arrangement, conflicts and interest, and records retention. of Please note that it is our practice to obtain your consent before we to seminars and other events. In connection with briefings on legal developments, and invitations services, you consent to our sending you these electronic communications. You your consent (or update your profile information) at any time by notifying me. Ify may withdraw your consent, we will stop sending. you this type ofelectronic communication, but you withdraw to send you electronic communications that are directly related to the matter for we will continue electronic communications like announcements, send you certain your engagement of the Firm to render legal been retained. which we have Additionally, during the course oft this engagement, the Firmi collect information relating to the services contemplated by this letter. The may collection certain of personal personal information will be governed by, and such personal information will accordance with, the Firm's Privacy Policy, as well as any applicable privacy laws be and processed codes of in any such DocuSign Envelope ID: 9E0AB6-C88F424B88811-SE4ACE892E9 May 2, 2024 Page -2- professional conduct. You can obtain a copy of the Firm's Privacy Policy on our website at Iwill be the attorney in the Firm principally responsible for this engagement. Other Please: review Appendix A carefully and contact mei ifyoul have any questions. Ifthet terms www.bipc.com or by requesting one from me. attorneys, professionals, and legal assistants will work with me as appropriate. and return a to me. Because thet terms ofc our engagement include are acceptable, please sign returning a signed copy. copy that you consult with separate legal waivers of possible conflicts of interest, we recommend services without counsel. Note that these terms will apply to our engagement if you accept our The Firm and Iappreciate your confidence in us and look forward to working together. Sincerely, BUCHANAN INGERSOLL & ROONEY PC BY: KATHLEENJONES GOLDMAN DocuSign Envelope ID: 599E0A86-C68F-424B-8811-6E4ACE8392E9 APPENDIXA 1. SCOPE OF REPRESENTATION Our legal services for this engagement are limited to representing Butler County Board of Elections ("you" or the "Board"). The Firm does not have an attorney-client relationship with, or owe professional duties to, any individuals or entities that are "affiliates" oft the Board unless we agree in writing to represent such affiliate. The term "affiliate" includes the Board's owners, shareholders, members, officers, directors, employees, parent entities, joint ventures, subsidiaries, successors-in-interes, and others that control, are controlled by, or under common control with the Board. The Board agrees that it will not assert a conflict of interest if the Firm represents another client in a matter adverse to a Board affiliate unless the Firm has established an attorney- client relationship with that affiliate. 2. SCOPE OF ENGAGEMENT We will represent the Board in a related to the action initiated on behalf of Faith Genser and Frank Matis captioned. Faith Genser and Frank Matis, Petitioners VS. Butler County Board of Elections, Respondent pending in Butler County, Pennsylvania at Civil Action No. A.D. 2024- 40116, as well as providing legal counseling services relevant to the 2024 general election. Our representation will include negotiations, pleadings, discovery, pre-trial motions, trial, and post- trial motions, subject to the termination and other rights and conditions set forth herein. Although this engagement is limited to the matters identified, this Agreement also covers the Firm's engagement terms with respect to other legal matters. Before agreeing to undertake: a new engagement, including one involving contracts, dealings or disputes with other parties, we will review the matter to determine ift there are other representations that could present a conflict ofinterest for the Firm. 3. BILLING MATTERS (a) Legal Fees. The charge for our services is based upon the then current hourly rates ofour personnel performing the services. Our billing rates and charges are revised annually, and we: reserve the right to revise them at other times with 30 days' advance notice. Our current rates for the core group of attorneys and staff who will provide the services described under Scope of Engagement in Section 2 are: Timekeeper Hourly Rate Kathleen Jones Goldman Emily Town $505.00 $505.00 DocuSign Envelope ID: 599E0A86-C68F-424B-B811-6E4ACE8392E9 Ifother timekeepers provide services on this matter, they will bill their time at their then current We understand that Butler County Board of Elections (the "Payor") shall be responsible for the payment of our fees and costs. We will therefore submit our invoices to Butler County Board of Election, clo. Julie M. Graham, Solicitor for the County ofButler, Butler County Solicitors Office 124 W. Diamond Street, P.O. Box 1208, Butler, PA 16001. IfPayor is ai third party and not our client(s) as described in Section 1, Payor understands that this Agreement does not create an attorney-client relationship between Payor and thel Firm. Notwithstanding Payor's] payment oft the Board's fees and costs, the Firm's duties are owed solely to the Board and not to the Payor. Further, the Payor may noti interfere with thel Firm's professional independence in representing the Board ort the Firm's duty ofc confidentiality. Ifthere are questions concerning a statement, please hourly rate. call or email me. (b) Statements and Responsibility for Payment. We will issue statements to Payor with ab brief description of each entry for time worked and each cost item incurred. Our invoices are due and payable upon receipt, and any balance that remains unpaid for thirty (30) days shall accrue interest equal to 1% %% per month. Unpaid invoices may lead the Firm to decline to continue to (c) Costs. Our statements willi include costs and administrative charges incurred during the course of the representation ("Costs"). These may include litigation support vendors, technology providers, experts and expert witnesses, investigators, local counsel, court reporters, video and other deposition charges, e-discovery charges, process servers, witness fees, filing fees, delivery and messenger services, travel, special copying/printing projects, and foreign telephone and fax charges. Some items may include an adjustment above cost for administrative overhead or will be billed at fair market value, although in some instances the Firm may receive such items on a discounted basis. The Payor agrees toj pay directly anyi invoice or series ofinvoices for Costs in excess of $500, including the charges of professionals and service providers engaged by the provide services. Firm at the Board'srequest. (d) Outside Expert and Service Provider Fees. The Payor will be responsible for the fees and costs charged by investigators, consultants, experts, and local counsel engaged to assist us in representing the Board and generally will be invoiced directly by the provider. We will only engage such third-party providers with the Board's prior approval. 4. ESTIMATES Although the Firm may provide an estimate off fees and costs for thel Board's guidance, the actual fees and costs the Board will incur during the course of our engagement are not predictable and may vary from any estimate(s) provided. Accordingly, any estimate given by the Firm is not an maximum or fixed fee quotation and does not constitute a guarantee oft the final amount of fees and Costs that will be incurred. The Payor's obligation toj pay the Firm's fees and costs is not in any way contingent on the ultimate outcome oft the engagement. 2 DocuSign Envelope ID: 59E0A8-C88F4248-8851-SE4ACE832E) 5. CONFLICTS OF INTEREST (a) Advance Consent to Certain Adverse Representations. Recognizing: and: addressing conflicts ofi interest is a continuing issuel because many of our clients have business interactions or dol business in thes same industries. Wei may be asked tor represent other clients with legal, financial, business, or other interests that are directly ori indirectly adverse to the Board'si interests. We are accepting this engagement with the Board'sunderstanding and agreement that during and aftero our attorney-client relationship the Firm may represent other clients in some types ofi matters (further explained below) that are adverse to the Board as long as those matters are not the same or substantiallyrelatedi to the particular matters in which we: represent thel Board ("Permitted. Adverse Representation"). By granting this advance consent you confirm, subject to the conditions above, that the Board will not (a) seek to disqualify the Firm from representing another client in a Permitted Adverse Representation, or (b). assert that the Permitted Adverse Representation is a breach of our professional duties to the Board. We recommend that the Board consult with separate legal counsel about this advance waiver of certain conflicts ofinterest. (b) Permitted Adverse Representations. A Permitted Adverse Representation could involve, for example, the Firm representing and advising another client in the following at the same time we are representing the Board: (a) defending- -but not initiating-a primary claim, dispute, litigation or other proceeding adverse to the Board; (b)a review, opinion, or challenge involving intellectual property held by the Board; (c)a business, commercial or real estate negotiation or transaction between the Board and the other client; and (d). government relations, legislative, administrative, or executive matters that may affect the Board's interests or positions directly or indirectly. If the Firm undertakes a Permitted Adverse Representation, the Firm's duty of confidentiality and nondisclosure ofE Board confidential information will remain in full force and effect. (c) Other Potential Conflicts. In situations that do not involve a Permitted Adverse Representation, we: may ask the Board to consent to the Firm's si representation ofanother client in an adverse matter. The Board agrees to consider our request for consent in a timely manner SO that we may respond promptly to the client requesting our representation. In order to assist us in resolving possible conflicts with other clients, the Board consents to our disclosing the fact that we represent the Board and the general areas of law involved as long as that disclosure does not itself compromise the confidentiality of our work for the Board. (d) Representations That Are Not Conflicts of Interest. We do not consider the following to present a conflict ofi interest with our representation of the Board: (a) representing a party that is adverse to any affiliate of the Board unless we. have agreed in writing to establish an attorney-client relationship with that affiliate; (b) representing the Board's business competitor; or (c) providing government relations services. 6. USEOETECHNOLGY We expect to perform our services and communicate with you and others at the Board using common technologies such as email, electronic document production and storage, and mobile devices. While we have implemented security protections, the Board accepts the risks 3 BOARD OF COUNTY COMMISSIONERS Leslie A. Osche, Chairman Kimberly! D. Geyer, Vice-Chairman Kevin E. Boozel, M.S. Secretary Brandon Savochka Human Services Director William Kepple Human Services Fiscal Officer Amandal Feltenberger Director of Integrated. Services HUMAN SERVICES DEPARTMENT COUNTY GOVERNMENT CENTER. ANNEX-1FLOOR 124WESTI DIAMOND STREET, P.O. BOX1 1208 BUTLER, PA 16003-1208 BButler Countp TELEPHONE: (724): 284-5114-TTD! USERS: (724)284-5473 FAX: (724): 284-5128- - EMAIL: bemhmr@cobuterpaus DATE: TO: FROM: RE: May 2, 2024 Lori Altman Human Resources Director/Chief Clerk Brandon Savochka Human Services Director Commissioners Public Meeting - May 8, 2024 Human Services Agreements lam requesting Commissioners approval of the following Human Services items: Children & Youth Avanco International, Inc. 1. Approval of 5 agreements with Avanco International, Inc. related to the Child Accounting and Profile System Application (CAPS-CYS data management system) fori the period of Authorized User 24/7 access (up to 65 users) in the amount of $40,185.65 Butler County's share for the development oft the CWIS 2024/2025 in the amount of $4,462.97. Upgrades, which includes changes necessary to keep the system in compliance with the federal and state mandates for reporting. Butler County is 10f560 counties sharing in the cost of the upgrades. Part of the approval includes the authorization for the HIPAA Business Associate Agreement. Part oft the approval includes the authorization for AFCARS Upgrade and Maintenance totaling $3,607.66. Part of the approval includes the July 1, 2024 -J June 30, 2025. Consulting contract not to exceed $50,000 Chairman to sign the agreement. the Chairman to sign. authorization for the Chairman to sign. If you have any questions or require further information, please give my office a call. Thank you. Butler County Board of Commissioners Economic Development and Planning 124 W. Diamond Street, POI Box 1208, Butler, PA 16003-1208 Phone 724.284-5300 Fax724,284.5315 TDD724,284-5473 Commissioners Leslie. A. Osche, Chairman Kimberly D. Geyer, Vice Chairman Kevin E. Boozel, Secretary CheloEconome Development & Planning Mark Gordon TO: FROM: RE: Board of Butler County Commissioner's Wendy Leslie, CDBG Coordinator Public Meeting May 8, 2024 The following item(s) are for the public meeting: 1.)Bid award for Alameda Multi-use Field project As follows: Iwill read the three (3) lowest bids: On April 24 at the 10am public meeting bids were opened electrically via PennBid for the. Alameda Multi-Use Field Project. Six (6) bids were received. The results were Company Name Stonewall Excavation Holbein Inc. Hiles Excavating, LLC Dun Rite Construction Murin & Murn Inc. Base Alt1 Alt2 Total $96,605.04 $83,708.96 $5,495.97 $7,400.11 $80,170.70 $9,721.50 $12,593.90 $102,486.10 $91,519.00 $7,893.00 $10,363.00 $109,775.00 $105,269.85 $9,751.00 $11,870.00 $126,890.85 $170,419.00 $15,245.00 $14,275.00 $199,939.00 Wright Asphalt & Concrete $123,491.00 $24,270.00 $14,200.00 $161,961.00 After reviewing the bids for all the required documents, it was found that the lowest bidder, Stonewall Excavation, did not fulfil the federal obligation to solicit MBE/WBE's and report such. The contractor was contacted and admitted that he did not do this even though the requirement and direction were available in the bid package. According to DCED's CDBG rules and regulations we are required to throw out the bid as "invalid". Upon further review we found that the second lowest bidder, Holbein, Inc., did submit all the federal required documents and all paperwork was found to be in order. Upon the recommendation of the engineer, Widmer Engineering, we are asking approval to award tol Holbein, Incorporated in the amount of $102,486.10 for Base bid, Alt 1 and Alt2. CONSTRUCTION AGREEMENT THIS AGREEMENT,made the gth day ofl May 2024, by and Between Holbein, Inc., Hereinafter called the CONTRACTOR, AND The "COUNTY OF BUTLER", hereinafter called the "ADMINISTERING AGENCY" AND Butler County Parks and Recreation, hereinafter called the "OWNER". WITNESSETH, that the Contractor, The Administering Agency, and the Owner for the Considerations stated herein mutually agree as follows: ARTICLEI. Statement of Work: The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment and services, including utility and transportation services and perform and complete all work required for the construction of the improvements embraced in the project; namely General Contracting and other work incidental thereto, all in strict accordance with the Contract Documents. ARTICLE: 2. The Contract Price: The Administering Agency, on behalf oft the Owner, will pay the Contractor for the performance oft the Contract, in current funds, subject to additions and deductions as provided in Section 109 hereof, the sum of one hundred two thousand four hundred eight-six dollars and ten cents ($102,486.10) ARTICLE3. Contract: The executed Contract Documents shall consist oft the following: a. This Agreement b. Addenda PartsIa and II Invitation for Bids d. Instructions for Bidders e. Signed Copy of Bid f. General Conditions g. Special Conditions h. Technical Specifications i. Drawings CDBG Required Documentation This Agreement, together with other documents enumerated in this ARTICLE3, which said other documents are as fully a part of the Contract, as ifhereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provision in any component part oft this Contract conflicts with any provision of any other component part, the provision of component part first enumerated in this ARTICLE3 shall govern, except as otherwise specifically stated. CERTIFICATION I, certify that I am the ofti the Corporation named as Contractor herein that who signed this Agreement on ofsaid Corporation; behalf of the Corporation; that said that said Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope ofits corporate powers. Title IN WITNESS WHERE OF, the duly authorized officers oft the parties hereby set their hands and seals, causing this Agreement to be executed and legally binding: OWNER: Director Parks & Recreation CONTRACTOR: Witness Holbein, Inc. Date BOARD OF COUNTY COMMISSIONERS: Leslie A. Osche Chairman Date Lori Altman ChiefClerk Date Kimberly D. Geyer Date Julie Graham County Solicitor Date Kevin E. Boozel Date Hammonds, Pamela From: Sent: To: Subject: Hi Pam: Kelly, Sheryl Thursday, May 2, 2024 8:39 AM Hammonds, Pamela FW: May 8 public meeting agenda item As far as sending you hard copies ofa contract for signature, Mark and Ihave not yet scored the proposals sO we don't yet know who we are going to recommend thej job be awarded to. MIg get them send up, though, as soonaslcan. Thank you! Sheryl From: Kelly, Sheryl Sent: Thursday, May 2, 2024 8:25AM To: Butler County Public Meeting Cc: Gordon, Mark MGondoneropulerpauy Subject: May 8 public meeting agenda item Good Morning Commissioners: At the next public meeting Iwill request your approval to award a contract for consulting services for the update oft the County's Municipal Solid Waste Management Plan as required by Act 101. These services willi initially include the solicitation of proposals from landfills interested in providing guaranteed landfill space for municipal solid waste produced within Butler County fori the next decade. Proposals were due Friday, April 19 and reviews and scoring will be completed between Mark Gordon and myself before the meeting on Wednesday. A draft contract was included int the RFP and this was previously reviewed by the county solicitor. All three consultants that submitted proposals have indicated that they have no objections to any oft the terms in the agreement. This project is eligible for an 80% funding match through an Act 101, Section 901 Planning Grant from DEP. Thank youi fory your consideration of this request. Sheryl 1 Hammonds, Pamela From: Sent: To: Cc: Subject: Good Morning: Kelly, Sheryl Thursday, May 2, 20249:09AM Butler County Public Meeting Gordon, Mark Agenda item for May 8 public meeting At the next public meeting, will be requesting approval to submit a grant application, if needed, int the name of Butler County on behalf oft the Blind Association for the purchase ofal box truck fori their Out of Sight shredding business. The grant is an Act 101, Section 902 recycling equipment grant and under the terms, only municipalities can apply and they must maintain ownership of any funded equipment. Ini this case, the county would maintain ownership oft the truck but the Blind Association would be responsible for alli insurance, / liability, registration /i inspections and maintenance of the truck. The Blind Association is in the process of contacting two local municipalities about their possible participation but ifthat falls through the county would be the applicant, if approved at the public meeting. There is a 10% match on this grant that the Blind Association will be responsible for, sO there is no cost to the county other than administrative time. Either way ift they decide to proceed, Iwill be assisting them with this application. Thank you for your consideration of this request. Sheryl From: Hammonds, Pamela Sent: Thursday, April 25, 202411:14AM To: Malloy, Maria ; Bicehouse, Steven Seteroueobuterpau, Campbell, John Campelrobuterpaup, Goldinger, Richard ; Herold, Beth ; Mustello, Michele MMustel/@co.Dutier.pa.us>; Young, William woungtobuterpauy, Slupe, Michael Msupeerobuterpauy, Mentel, Janet MentelPtbwterpaus, Holland, Benjamin ; Stefura, Carol Gielunetobulerpauy, Graff, Candace CCatpohteposee, Linnea Shelds@co.buter.p.us5avochka, Brandon B5vonecobulerpau, Ferrari, Kelly Keranecobuterpauy, Kepple, William WAepeeroDulepau, Leslie, Ashley Aeleecoouterpau, Nedz, Charles CNeaecbulerpauy, Hillwig, Michael Cc: Osche, Leslie Okencecobuterpas, Geyer, Kim KGeyerecobuterpaus? Boozel, Kevin tonelerobuterpau? Gordon, Mark MGoronecobuterpaup, Abbruzzese, Grace GAbbruzz@co.Dutier.pa.us>; Edwards, Billie Jo Bfbardetbuterpau, Thompson, Judy MFgPcOuerpauy, Sneddon, Beau Pedconedbutepau AThomps@co.Dutler.pa.us>; Lusk, Dawn Dluskero.buterpauy, Altman, Lori Amaneropulerpaus, Rodgers, Barbara