BUTLER COUNTY BOARD OF COMMISSIONERS Public Meeting Wednesday, April 24, 2024 10:00A AM AGENDA I. CALL MEETING TO ORDER II. MOMENT OF SILENT PRAYER/PLEDGE OF ALLEGIANCE III. PUBLIC COMMENT ON AGENDA ITEMS IV. APPROVAL OF MINUTES -April 10, 2024, Public Meeting V. PROCLAMATIONS AND PRESENTATIONS 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, Unied States Airforce C. Previously mailed: VI. FINANCE REPORT VII. OLD BUSINESS VIII. BOARD OF ELECTIONS IX. NEW BUSINESS A. February 29, 2024 Report A. Court Administration 1. Approval of the Day Reporting Center (DRC) Program Grant #43924 in the amount of $260,000 to continue funding the program for the purpose ofi identifying appropriate Level 2, 3 and 4 offenders, diverting them from incarceration and supportingmontoning their participation in treatment-based 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-alcohol monitoring), drug testing supplies and bus tokens, etc. B. District Attorney 1. 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 for the offender, 2. Approval of a Pass Through Contract Agreement between VOICe, as a 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 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 such as the LETI Initiative. authorization for the Chairman to sign. C. Emergency Services 1. Approval of a Quote from DQE Communications: for internet services for the 911 Center for a term of five years at the cost of $485/month, with authorization for the Chairman to sign. D. Human Services 1. Approval of a contract amendment for the period 7/1/23 - 6/30/24 for ANR Amendment #3 - add Intellectual Functioning Evaluation at $500/each. E. Human Services - Drug & Alcohol 1. Approval to reappoint Mark Lope for a second three-year term (5/1/24-4/30/27) to the Commissioners' Council on Drugs and Alcohol. F. Information Technology 1. Approval of a three-year Commercial Services Agreement with Armstrong Utilities, Inc. for internet service at 107 Woody Drive, Butler, PA, in the amount of $89.95/month, with authorization for the Chairman to sign. 2. Approval of a three-year Commercial Services Agreement with Armstrong Utilities, Inc. for internet service at 530 Fairground Hill, Butler, PA, in the amount of $89.95/month, with authorization for the Chairman to sign. G. Parks and Recreation 1. 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 District 1). H. Planning 1. Approval of 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 Bond contracts (Appendix 1 & I), the addition of Developers Agreement (Section 801 and Appendix III), and the addition of a Financial Security Agreement for the Installation of Public Improvements (Section 802 and Appendix IV). . Planning - Bridges 1. Approval of Reimbursement Agreement - 1 with PennDOT for the replacement of County Bridge #24 Kelly Bridge, in Worth Township. This Amendment Agreement has financial changes, to adjust the allocation of funds to different areas of the 2. Approval of Resolution No. 2024-8, authorizing Lori Altman, Butler County's Chief Clerk, to electronically sign the attached Agreement on behalf of Butler County. 1. Opening of bids for the Alameda Multi-Use Field Project via PennBid electronic project, with authorization for the Chief Clerk to sign. J. Planning - CDBG bidding. K. Property & Revenue 1. Approval of settlement of Jeffrey L. & Christine M. Weber assessment appeal; Case 2. Approval of settlement of Eric S. Snyder assessment appeal; Case No. 2023-40349. 1. Ratification of Resolution No. 2024-7, authorizing the submission of a request for funding through the Covid-19 ARPA Capital Projects Fund Multi-Purpose Community Facilities Program through the Pennsylvania Broadband Development Authority, as No. 2023-40351. Commissioners well as approval of the following supporting documents: Affidavit - Covid-19 ARPA Capital Project Funds, PAI Multi-Purpose Community Facilities Program, with authorization for the Chairman to sign Worker Protection and Investment Certification Form, with authorization for Commonwealth of PA, Department of Community and Economic Development, Federal Funding Accountability & Transparency Act Sub- Letter of Intent to submit request addressed to Butler Township the Chairman to sign Recipient Data Sheet (FFATA) Commissioners 2. Approval to reappoint the currently serving directors to the Butler County Airport Authority Board as follows: Joyce Schnur for the five-year term 6/1/24-5 5/30/29 Andrew Allen for the five-year term 10/1/24-9/30/29 Michael Walsh for the five-year term 10/1/24-9/30/29 3. Approval to award an American Rescue Plan Act Municipal Infrastructure Program grant to Petroleum Valley Regional Water Authority in the amount of $750,000. 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 XIII. ADJOURNMENT BUTLER COUNTY COMMISSIONERS MEETING SCHEDULE NEXT PUBLIC MEETING: Wednesday, May 8, 2024, at 10:00 a.m. Public Meeting Room, 1st Floor Government Center Public Meeting Calendar is available online at ittps/www.butlercountypa.gov NOTE: Agenda is subject to change due to unforeseen circumstances. BUTLER COUNTY BOARD OF COMMISSIONERS Public Meeting Wednesday, April 10, 2024 10:00 a.m. MINUTES PRESENT: Chairman Leslie Osche Commissioner Kimberly Geyer Commissioner Kevin Boozel (via Zoom) 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, Commissioner's Office Shawn Pugh, Commissioners' Office Laura Ankrom, Controller's Office Steve Bicehouse, Emergency Services Amanda Feltenberger, Human Services Mark Gordon, Planning Candace Graff, Court Administration Kevin Gray, Planning - Bridges Mike Hillwig, F&O Joel MacKay, Planning Chantell McCurdy, Elections Janet Mentel, Property & Revenue Leslie Powers, Controller's Office Doug Ritson, Probation Brandon Savochka, Human Services Lance Welliver, Parks & Recreation CALL MEETING TO ORDER 1st Floor Government Center. VISITORS: Carol Christener, Clinton Twp. Steve Crawford, East Butler Steff Findley, Butler Catherine Lalonde, Lancaster Sophie Levitt, CAC Lauren Merten, CAC Edie Rath, Penn Twp. Danielle Schmidt, CAC 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 10, 2024, in the Public Meeting Room, MOMENT OF SILENT PRAYERIPLEDGE OF ALLEGIANCE An moment of silent prayer was observed, followed by thé 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 March 27, 2024 Public Meeting minutes. 1 Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried unanimously. PROCLAMATIONS AND PRESENTATION A. Being presented today: FINANCE REPORT None OLD BUSINESS None BOARD OF ELECTIONS None NEW BUSINESS A. Court Administration Child Abuse Prevention Month - April 2024 1. Candace Graff requested approval of a Cleaning Contract with Relihan Enterprises for the Saxonburg Magisterial District Court for the term 9/6/24 - 9/6/25 (the office will be cleaned two time per week), in the amount of $330.62/month (including toilet tissue, hand soap, trash liners and paper towels). Windows will be cleaned ini the spring and fall for a charge of Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 2. Candace Graff requested approval to reduce the current awarded amount of PCCD Grant #40637 funding by $49,337 for the Day Reporting Center (DRC) Program for FY 2023/24. Based on the review of consultant expenses thus far for 2023/24, we project that we will not be able to expend the full amount awarded under consultants ini the amount of $47,877 by 6/30/24. Due to a reduction ini the number of participants in the DRC Program, it is projected that we will be unable to expend $313 for bus tokens and $1,147 for SCRAM $30/each, with authorization for the Chairman to sign. unanimously. (Alçohol Monitoring). unanimously. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 3. Candace Graff requested approval of al Memorandum of Understanding between the County and the Center for Community Resources, Inc. requesting toi increase the monthly allotment for the case management position they provide for Drug Treatment Court from $5,420 t to $7,000 (there has not been an increase since 5/23/18). This increase would match the amount provided for the case management position for Behavioral Health Court. This increase has been added tot the 2024 budget. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried unanimously. 2 B. Emergency Services 1. Steve Bicehouse requested ratification of approval to dispose of Class B foam with McCutcheon Enterprises, Inc. in the amount of $12,974.75 plus $405/pick-up fee, contingent on the participation of other Region 13 Counties (our portion would be estimated at $13,500, plus three pails not included in this price). This foam has been deemed to contain PFAS or forever chemicals that contaminate groundwater and the environment. This is being done by fire departments and Haz-Mat teams across the country, with authorization for the Chairman to sign. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 2. Steve Bicehouse requested approval to apply for the Act 165 HMRF Grant administered by PEMA. This is a non-matching grant; last year's grant was approximately $24,000; iti is to be used for Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried unanimously. hazardous materials response. unanimously. C. Facilities & Operations 1. Mike Hillwig requested approval of a renewal Invoice with Allegheny Safe & Lock ini the amount of $4,768, for the period 4/18/24 - 4/17/25, for millennium ultra hosted cloud software and storage Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried fee for 149 doors x $32/door. unanimously. D. Human Resources 1. Chief Clerk Lori Altman requested approval of updated and revised Resolution 2024-6 (replacing Resolution No. 94-04, due toi the fact that the County is a self-insured employer) and By-Laws for the Butler County Safety Committee (which will be compromised of at least Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried four members, both union and management and will meet quarterly). unanimously. E. Human Services - Children & Youth 1. Charlie Johns requested approval of a contract amendment with Butler County Children and Youth/Juvenile Probation for the period 7/1/23-6 6/30/24 with Pressley Ridge - Amendment: #1, Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried Home Places Residential, in the amount of $535.12/day. unanimously. F. Parks and Recreation 1. Lance Welliver requested ratification of approval to award the contract for the Alameda Pool Replastering Project to All State Technology, Inc. of Oak Ridge, NJ. Work will begin next week and will be completed by 5/17/24. The amounts are as follows: Base Bid-$ $549,000 Add Alternate 1 (replace gutter finish) - $54,000 Add Alternate 5 (provide and install winter cover) - $40,000; for a total cost of $643,000 3 Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 1. Mark Gordon requested approval to advertise ini the Butler Eagle the attached SALDO Notice of Proposed Amendment Enactment. This notice announces the intent to request Commissioners' approval of the proposed SALDO amendments at the Public Meeting on 4/27/24. A Public Hearing on the amendments has been advertised and was held from 9:00 - 10:00 a.m. this morning in the Public Meeting Room. No public comments were unanimously. G. Planning made. unanimously. H. Planning - Bridges Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 1. Kevin Gray requested approval oft the Right-of-Way plans for the Geibel Bridge in Summit Township with the Commissioners' signature and being notarized. There are two parcels: 1) has. 166 Ac. Right-ofWay and 0.167 Ac. Temporary Contraction Easement, and 2) has Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried .075. Ac. of Right-of-Way. unanimously. I.P Property & Revenue 1. Janet Mentel requested approval to sell the following seven properties from the Repository list, with authorization for the Chairman to sign: SrE Et Ux to Daniel Stutz for a bid of $600.00. a. Parcel # 051-46-18-0000, Butler Township, Ward 1, currently in the name of Eugene Schaffner Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried b. Parcel # 056-29-H24-0000, Butler Township, Ward 6, currently in the name of Rose Cybeck Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried C. Parcel # 120-S3-A220-0000, Connoquenessing Township, currently ini the name of Gregg R. Whittenberger and Took Enterprises LLC to Breakpoint Properties LLC for a bid of $650.00. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried d. Parcel # 120-53-A230-0000, Connoquenessing Township, currently in the name of Helen E. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried unanimously. Est to Jonathan VanKirk for al bid of $600.00. unanimously. unanimously. Rodgers to Breakpoint Properties LLC for a bid of$650.00. unanimously. 4 Parcel # 130-511-EA-0000, Cranberry Township, currently in the name of Earl R. and Elsa Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried Parcel # 170-3F80-4BA-000, Franklin Township, currently in the name of. Jack V. and Paul Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried Surloff to Daniel Stutz for a bid of $600.00. unanimously. V.Laughner to Daniel Stutz for a bid of $600.00. unanimously. Janet Mental requested the following two items be removed from the agenda: Parcel # 270-S1-8-0000, Penn Township, currently in the name of Miriam Berninger to h. Parcel # 270-S1-8A-0000, Penn Township, currently in the name of Miriam Berninger to Next, Janet Mentel requested approval to sell the following property from the Repository list, Parcel # 562-43-8-0000, Butler City, Ward 2, currently in the name of Kevin G. and Michelle Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 2. Janet Mental requested approval of settlement of Western PA Child Care, LLC assessment appeal; Case No. 2021-40327, with a New Fair Market Value of $11,500,000. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried Breakpoint Properties LLC for a bid of $655.00. Breakpoint Properties LLC for a bid of $655.00. with authorization for the Chairman to sign: Zang to Margaret Smith for a bid of $600.00. unanimously. 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 10:34 a.m. There being no further business, Chairman Osche called for a motion to adjourn. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried unanimously. The meeting 5 Respectfully submitted, Pam Hammonds Administrative Assistant Approved: BUTLER COUNTY COMMISSIONERS MEETING SCHEDULE: NEXT PUBLIC MEETING: LOCATION: Wednesday, April 24, 2024, at 10:00 a.m. Public Meeting Room, 1st Floor Government Center Public Meeting Calendar is available online at itips/www.Duttercountypa.gow. NOTE: Agenda is subject to change due to unforeseen circumstances. 6 County of Butler Financial Report of the Board of Commissioners Through February 29, 2024 with comparison to February: 28, 2023 General Fund Revenues and Expenditures February 29, 2024 Actual February28,2023 Original Budget 6,148,716 $ Budget 53,400,733 $ 2,260,428 $ Original Budget 4,070,946 $ Budget 52,939,575 $ Fund Balance Carryover Fund Balance Carryover Revenues Property Tax Collections Intergovernmental. Revenues Charges for Services Miscellaneous Revenue & Transfers Totall Revenues Expenditures Salaries & Social Security Retirement Benefits Contracted: Services Materials & Supplies Training &1 Travel Insurance & Other Expenses Bonds & Association Dues External Contributions Internal Transfers to Other Funds Other Miscellaneous Costs Contingency Total Expenditures Variance % 6,148,716 Actual Variance % 4,070,946 0% Actual Uncollected % $ 53,400,733 0% 413,323 1,847,105 18% Actual Uncollected % $52,939,575 0% 2,184,054 $ 750,681 $ 1,433,373 34% 12,226,084 $ 969,101 $11,256,983 8% 3,418,003 $ 527,780 $ 2,890,223 15% 70,767,716 $ 2,247,562 68,520,154 3% 11,438,416 $ 946,926 $ 10,491,490 8% 5,437,997 $ 1,203,596 $ 4,234,401 22% 72,537,574 $ 2,563,845 $ 69,973,729 4% Budget Actual Unexpended % Budget Actual Unexpended % 31,958,181 $ 3,721,393 $ 28,236,788 12% 6,606,802 $ 1,028,903 $ 5,577,899 16% 5,115,478 $ 819,271 $ 4,296,207 16% 29,900,067 $ 3,530,961 $26,369,106 12% 6,460,956 $ 1,021,310 5,439,646 16% 4,573,148 $ 633,640 3,939,508 14% 2,201,951 $ 256,786 1,945,165 12% 2,555,155 $ 281,772 2,273,383 11% $ 426,483 $ 47,918 $ 1,613,673 $ 498,477 1,115,196 31% $ 977,183 $ 56,636 $ 138,840 $ 85,869 $ 52,971 62% $ 7,071,546 $ 5,944,633 $ 677,941 5,266,692 11% $ 5,109,829 $ 149,058 4,960,771 3% 1,080,047 $ 151,954 1,050,000 $ 5,615,536 $ 5,615,536 0% 5,735,151 $ 5,735,151 0% erane/eponePaise $ 2,125,526 $ 252,628 1,872,898 12% Equipment & Maintenance Rental $ 1,832,521 $ 783,779 $ 1,048,742 43% $ 2,730,837 $ $ 444,520 $ $ 1,121,847 $ $ 152,347 $ $ 7,194,215 $ 6,535,527 $ $ 1,058,250 $ > 1,100,000 $ 312,966 2,417,871 11% 58,550 $ 385,970 13% 78,579 $ 1,043,268 7% 90,066 $ 62,281 59% 10,000 7,184,215 0% 6,535,527 0% 896,487 15% 1,100,000 0% 378,565 11% 920,547 6% 7,071,546 0% 928,093 14% 1,050,000 0% Debt Service (Principle & Interest) $ 5,094,703 $ 126,717 4,967,986 2% 161,763 78,686,290 $ 7,444,615 $ 71,241,675 9% 74,838,662 $ 7,392,322 $67,446,340 10% Butler County is requesting $260,000 to continue funding the Day Reporting Center Program (DRC Program) for the purpose of identifying appropriate Level 12,3&40 offenders, diverting them from incarceration, and supportingmontoring their participation in treatment-based probation with restrictive conditions sentences. Butler County has had the Day Reporting Center (DRC) grant since 2006. The grant covers the following: 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 supplies and operating expenses [SCRAM (alcohol monitoring), drug testing supplies, bus the salary and benefits treatment expenses drug testing tokens, etc.] 908devices 645 Summer Street Boston, MA 02210 Prepared By Email Customer Phone Email Bill Tol Name Billl To Mike Nagle mnage@e0edewtces.om Created Date Quote Number 90808896 Expiration Date 4/30/2024 4/11/2024 Contact Name Shawn Pugh (724)284-5209 spugh@co.butler: pa.us County ofE Butler Accounts Payable POE Box 1208 Butler, Pennsylvania 16003-1208 United States Product Product Descriplion Ship To Name Butler County Prison Ship To 202 South Washington Street Butler, Pennsylvania 16001 United States Sales Discount Tolal Product Code Price Quantity (Percentage) Price MX908-c, handheld mass spec chemical detection system for gaslvapor, liquids and solids. Includes one (1) class (10 students max, expires 6r months after purchase, 97,058.00 CONUS only); Type Ap plugs; Trace and Vapor Modules. Availabie tot US customers or with pre-approvallexport. MX908-C S5 Training Kit, Chemical Samples (415-00044), five (5) MX908-05-1-0-03-00 (Trace, years ofv warranty ands support; one (1) on-site training USD: 1.001 1.00% USD 96,087.42 Vapor) Trace Swabs, count total). MX908 (100 count) Foam-tipped Swabs, MX908 (50 count) MX908 license as required. Sampling Trace Sampling Swabs, MX908 (2 hard cases, 100 swab USD 199.00 4.00 USD 1.00% 788.04 415-00042 820-00907 Applicator Foam-tipped. Applicator Swabs, 6in (15 cm), plastic shaft, USD 2.00 1.00% USD 87.12 44.00 On-site Operator Training (US+Canada), MX908; add-on Training, class; requires purchase ofi instrument witht training or MX908, standalone training course (900-00601). Must be Add-on scheduled during the: same visit asi initial training. 4t06 2,250.00 2.00 hour training covering! basic operation, safety and US+CA sampling recommendations. Limited to 10 students per USD USD 4,500.00 900-00606 Class, class. Grand Total USD 101,462.58 Delivery, Banking & Payment Information 908 Devices Inc., 645 Summer Street, 2nd Floor, Boston, MA 02210, P: enHo-AMN 908devices 645 Summer Street Boston, MA 02210 DELIVERY: <90 Days ARO PAYMENT TERMS: NET 30 Days SHIPPING TERMS: FOB Origin, Freight Prepaid CAGE 6RTZ6 DUNS 078437853 TaxID 45-4524096 Payment Information ToPayE By_ACHWWire: Routing (ACH)- 121000358 Routing (Wire)- 026009593 SWIFT- BOFAUS3N Account 1416818468 Bank: Bank ofA America N.A. 8001 Villa Park Drive Henrico, VA: 23228 United States of America convenience fee. Payments made via credit card will bes subject toa a3 3.15% Terms & Conditions Terms of Sale UNLESS OTHERWISE EXPRESSLY. AGREED IN WRITING, ALL SALES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1.GENERAL. 908 Devices Inc., ("Seller") hereby offers for sale tot the buyerr named on thet face hereof ("Buyer")t the products listed ont the face hereof (the" "Products") ont the express conditiont that Buyer agreest to accepta and bel bound! by thet terms and conditions set forth herein. Any provisions containedi ina any document issued by Buyer are expressly rejected andi ift the terms and conditions int this Agreement differ from the terms ofE Buyer's offer, this document shall be construed: as a counter offer and shall not bee effective as an acceptance ofl Buyer's document. Buyer's receipt of Products or Seller's commencement oft the services provided hereunder will constitute Buyer's acceptance oft this Agreement. Thisi ist the complete. and exclusive statement oft the contract between Seller and Buyer with respect tol Buyer's purchase oft the Products. No waiver, consent, modification, amendment or change oft the terms contained herein shalll bel binding unlessi inv writing and signed by Seller and Buyer. Seller's failuret to object tot terms contained in any subsequent communication from Buyer will not be a waiver or modification oft thet terms set forth herein. All orders ares subject to acceptance ins writing by an authorized representative of Seller. 2. PRICE. All prices published by Seller or quoted by Seller's representatives may be changed ata any time without notice. All prices quoted by Seller or Seller's representatives are valid for thirty (30) days, unless otherwise stated in writing. All prices for the Products will be as specified by Seller or, ifno price has been specified or quoted, willl be Seller's price ine effect att the time ofs shipment. All prices are subject to adjustment on account ofs specifications, quantities, raw materials, cost ofp production, shipment arrangements or other terms or conditions which are not 3.TAXES AND OTHER CHARGES. Prices for thel Products exclude all sales, value added and othert taxes and dutiesi imposed with respect to the sale, delivery, or use of any Products covered hereby, all ofv which taxes and duties must by paid! by Buyer. If Buyer claims any exemption, 4.7 TERMS OF PAYMENT. Seller mayi invoice Buyer upon shipment for the price and all other charges payable by Buyeri ina accordance with the terms on thet face hereof. Ifr no payment terms ares stated ont the face hereof, payment shall be net thirty (30) days from the date ofi invoice. If Buyer fails top paya anya amounts when due, Buyers shall pay Seller interest thereon ata aj periodic rate of one and one-half percent (1.5%) per month (or, ifl lower, thel highest rate permitted by law), together with all costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs)i incurred by Seller in collecting such overdue amounts or otherwise enforcing Seller's rights hereunder. Seller reserves the right tor require from Buyer full or partial payment in advance, or other security thati is satisfactory to Seller, at any time that Sellerb believes in goodf faith that Buyer's financial condition does notj justify thet terms of payment specified. All payments shalll be madei in U.S. Dollars. Buyer agrees top pay for all fees associated" with the method ofp payment (e.g. wiret fees). Payment by credit card will be 5. DELIVERY; CANCELLATION OR CHANGES BY BUYER. The Products will be shipped tot the destination specified by Buyer, F.O.B. Seller's shipping point. Seller will have the right, ati its election, to make partial shipments oft the Products and toi invoice each shipment separately. Seller reserves the right tos stop delivery of Products int transit and to withhold shipments in whole ori inj parti ift Buyer fails to make any payment to Seller when due or otherwisef fails top perform its obligations hereunder. Alls shipping dates are approximate only, and Seller will not! be liable for any! loss or damage resulting from any delayi in delivery orf failure to deliver whichi is due to any cause beyond Seller's reasonable control. Int the event ofa delay due to any cause beyond Seller's reasonable control, Seller reserves the right tot terminate the order ort to reschedule the shipment within a reasonable period oft time, and Buyer will not be entitledt tor refuse delivery or otherwise be relieved of any obligations ast the result ofs such delay. Products ast tov which delivery is delayed due to any cause within Buyer's controlr may bep placedi in storage by Seller atE Buyer's risk and expense and for Buyer's account. Orders inp process may be canceled only with Seller's written consent andi upon payment of Seller's cancellation charges. Orders inp process may not be changede except with Seller's written consent and upon agreement by the parties as to an appropriate adjustment int the purchase price therefor. Credity will not be allowed for Products returned part of Seller's original price quotation. Buyer must provide a valid, signed certificate orl letter ofe exemption fore eàch respective jurisdiction. subject to a3 3.15%1 fee. 908 Devices Inc., 645 Summer Street, 2nd Floor, Boston, MA 02210, P: (857)254-1500 www.90Bdevices.com 908devices 645 Summer Street Boston, MA 02210 without the prior written consent of Seller. thereof, ast the case may be. 6. TITLE ANDI RISK OF LOSS. Notwithstanding: the trade terms indicated above and subject to Seller's rightt tos stop delivery of Productsi in transit, title to and risk ofl loss oft the Products will pass to Buyer upon delivery of possession oft the Products by Seller toi the carrier; provided, however, that title to any software incorporated within orf forming ap part oft the Products shall ata allt times remain with Seller ort the licensor(s) 7. WARRANTY. Seller warrants that the Products will operate orp perform substantially in conformance with Seller's published specifications and bet free from defects in material and workmanship, when subjectedt tor normal, proper andi intended usage by properly trained personnel, for thej period oft time setf forthi int the Seller's quote, for Products, ori if none indicated then as specified in. Seller's product documentation, published specifications orp package inserts. Ifap period oft timei isr nots specified in Seller's quote, product documentation, published specifications or package inserts, the warranty period shall be one (1) year. The warranty period will start: 30 days from the date ofs shipment to Buyert for equipment (the' Warranty Period"). Seller agrees duringt the Warranty Period, to repair or replace, at Seller's option, defective Products so as to cause the same to operate ins substantial conformance with said published specifications; provided that Buyer shall (a) promptly notify Selleri inv writing upont the discovery of any defect, which notice shall include the product modela and serialr number (ifa applicable) and details oft the warranty claim; and (b) after Seller's review, Seller will provide Buyer with: service data and/or al Return Material. Authorization ("RMA"), whichr may include biohazard decontamination procedures and other product-specific handling instructions, then, ifa applicable, Buyer may return the defective Products to Seller with all costs prepaid by Buyer. Replacement parts may ber new or refurbished, at the election of Seller. Allr replaced parts shall becomei the property of Seller. Shipmentt tol Buyer ofr repaired or replacement Products shall ber madei in Notwithstanding the foregoing, Products supplied by Sellert that are obtained by Seller from and original manufacturer ort third party supplier are not warranted by Seller, but Seller agreest to assign to Buyer any warranty rights ins such Product that Seller may! have from the original manufacturer ort third party supplier, tot the extent such assignment is allowed by such original manufacturer ort third partys supplier. In no event shall Seller have any obligation tor make repairs, replacements or corrections required, inv whole ori inj part, ast the result of () normal wear and tear, (i) accident, disaster ore event off force majeure, (ii) misuse, fault or negligence of orb by! Buyer, (iv) use oft the Products ina manner for which they were not designed, (v) causes external tot the Products such as, but not limited to, powerf failure ore electrical power surges, (vi)i improper storage and handling oft the Products or (vi) use of the Products in combination with equipment ors software not supplied by Seller. If Seller determines that Products for which Buyer has requested warrantys services are not covered byt the warranty hereunder, Buyer shall pay or reimburse Seller for all costs ofi investigating and responding tos such request at Seller's then prevailing time and materials rates. Ifs Seller provides repair services orr replacement parts that are not covered byt this warranty, Buyers shall pay Seller therefor at Seller's then prevailing time andr materials rates.. ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATIONTO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON ORI ENTITY OTHER THAN SELLER WITHOUT SELLER'S PRIOR' WRITTEN. APPROVAL, OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL IMMEDIATELY THE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO REPAIR OR REPLACE, A DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER INT THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, SELLER DISCLAIMS. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECTTO THE PRODUCTS, INCLUDING WITHOUTI LIMITATION. ALL IMPLIEDI WARRANTIES OF MERCHANTABILITY ORI FITNESS FOR ANYI PARTICULAR PURPOSE. SELLER DOES NOT WARRANT THAT THE PRODUCTS, ARE ERROR-FREE OR WILL ACCOMPLISH 8.1 By Seller. Seller agrees toi indemnify, defend ands save Buyer, its officer, directors, and employees from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorney's fees) ("Indemnified Items") for (i)i injury to or death of persons or damage top property tot the extent caused! by the negligence or wiliful misconduct of Seller, its employees, agents or representatives or contractors inc connection with the performance ofs services at Buyer's premises undert this Agreement and (ii) claims that al Producti infringes any valid United States patent, copyright ort trades secret; provided, however, Sellers shall have nol liability under this Section tot the extent any such Indemnified Items are caused bye either () the negligence or willful misconduct of Buyer, its employees, agents or representatives or contractors, (i) by any third party, (ii) use ofa al Producti in combination withe equipment or software not supplied! by Seller where the Product would noti itself bei infringing, (iv) compliance with Buyer's designs, specifications ori instructions, (v) use oft the Product ina an application or environment for whichi ity was not designed or (vi) modifications of the Product by anyone other than Seller without Seller's prior written approval. Buyer shall provide Seller prompt written notice ofa any third party claim covered by Seller'si indemnification obligations hereunder, Seller shall have the rightt to assume exclusive control oft the defense ofs such claim or, at the option oft the Seller, to settle the same. Buyer agrees to cooperate reasonably with Seller in connection witht the performance by Notwithstanding: the above, Seller'si nfringement related indemnification obligations shall be extinguished and relieved ifs Seller, ati its discretion and ati its own expense (a) procures for Buyer the right, atr no additional expense tol Buyer, to continue usingt thel Product; (b)r replaces or modifies the Product sot that itt becomes non-infringing, provided the modification or replacement does not adversely affectt thes specifications of the Product; or (c)i int the event (a) and (b) are not practical, refund to Buyer the amortized: amounts paid by Buyer with respect thereto, based on af five (5) year amortization schedule. THE FOREGOING INDEMNIFICATIONI PROVISION. STATES SELLER'S ENTIREI LIABILITY TO 8.2 By Buyer. Buyer shall indemnify, defend with competent and experienced counsela and hold harmless Seller, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs)t tot the extent arisingf from ori in connection with ()t the negligence orv willful misconduct of Buyer, its agents, employees, representatives or contractors; (i) use ofal Product ino combination with equipment or software not supplied by Seller where the! Product itself would not bei infringing; (li) Seller's compliance with designs, specifications ori instructions supplied to Seller by Buyer; (iv) use ofaF Product in an application or environment for which ity was not designed; or (v) modifications ofa Product by anyone other 9. SOFTWARE. With respect to any software productsi incorporated in orf forming a part oft thel Products hereunder, Seller and Buyeri intend and agree that such software products are being! licensed and not sold, and that the words' purchase", "sell" ors similar or derivative words are accordance with the Delivery provisions oft the Seller's Terms and Conditions of Sale. VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE. AFFECTED! PRODUCTS. ANY PARTICULAR RESULT. 8.1 INDEMNIFICATION. Seller ofi its obligations int this Section. BUYERE FOR THE CLAIMS DESCRIBED HEREIN. than Seller without Seller's prior writtena approval. 908 Devices Inc., 645 Summer Street, 2nd Floor, Boston, MA 02210, P: (857)254-1500 www.906devices.com 908devices 645 Summer Street Boston, MA 02210 understood and agreed tor mean' "license", and that the word' "Buyer" ors similar or derivative words are understood. and agreed tor mean "licensee". Notwithstanding: anything tot the contrary contained herein, Seller ori its licensor, as the case may be, retains all rights andi interest in Seller hereby grants to Buyer a royalty-free, non-exclusive, nontransferable license, without powert to sublicense, to uses software provided hereunder solelyf for Buyer's own internal business purposes ont the hardware products provided hereunder and to use the related documentation: solely for Buyer's own internal business purposes. This license terminates when Buyer's lawfulp possession oft the hardware products provided hereunder ceases, unless earlier terminated as provided herein. Buyer agrees tol hold in confidence and nott tos sell, transfer, license, loan or otherwise make available ina anyf form tot third parties the software products and related documentation provided hereunder. Buyer may not disassemble, decompile or reverse engineer, copy, modify, enhance or otherwise change or supplement the software products provided hereunder without Seller's prior written consent. Sellery willl be entitled to terminate this license ifE Buyer fails to comply with any term or condition herein. Buyer agrees, upont termination oft this license, immediately to return to Seller all software products and related Certain of the software products provided by Seller may be ownedt by one orr more third parties and licensed to Seller. Accordingly, Seller and Buyer agree thats such thirdp parties retain ownership of and title tos such: software products. The warranty and indemnification provisions set 10. INTELLECTUAL PROPERTY RIGHTS. 908 Devices exclusively owns and retains all intellectual property rights in and tot the Products and technology that isi ina and included with the Products. No license or otherr rights, either express ori implied, are granted by 908 Devices to Buyer under these Terms of Sale with respect to any suchi intellectual property rights. For morei information: about 908 Devices' patent portfolio, see Thel Product may not be disassembled ord otherwise reverse engineered ora analyzed by chemical, radiograph or other nondestructive tests or scans; for example, and not by way of limitation, any housing or other enclosure encasing any component oft the Product may not be opened Buyer acknowledged and agrees that there can ber no adequate remedy atl lawi for any breach by Buyer ofi its obligations hereunder, that any such! breach ora any unauthorized use oft thel Product or ofa any of 908 Devices' intellectual property willl resulti ini irreparable harmt to 908 Devices and therefore, that upon any such! breach, unauthorized use or any threatt thereof, 908 Devices will be entitledt to appropriate equitable relief in addition, toy whatever remedies itr might! have atl law and tob bei indemnified by the Buyer from any loss or harm, including, withoutl limitation, attorney's fees, in connection with any breach ore enforcement ofE Buyer's obligations hereunder ort the unauthorized use oft the Product or any of 908 Devices' intellectual property, Buyer will notify 908 Devices iny writing immediately upont the occurrence ofa any such unauthorized use or Buyer will not tos sell, assign, pledge, mortgage, hypothecate, encumber, dispose or otherwise provide, transfer or make available the Product toa any third party unless Buyer has entered into av written agreement with such third party that () contains ins substance atk least thei terms of Sections 11 and this Section 10 oft these Terms of Sale, and (), provides that 908 Devicesi is ani intended third-party beneficiary ofs such 11.LIMITATION OF LIABILITY. NOTWITHSTANDING, ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF SELLER UNDER THESE TERMS AND CONDITIONS (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, BUT EXCLUDING LIABILITY OF SELLER FORI BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BEA AS PROVIDED UNDER SECTION7, ABOVE)) SHALL NOT EXCEED AN AMOUNT: EQUALTO THE LESSER OF (A)THE TOTAL PURCHASE PRICE THERETOFORE PAIDI BYI BUYERI TO: SELLER WITHI RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCHL LIABILITY OR (B) ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING, ANYTHING TO THE CONTRARY CONTAINED HEREIN, INI NOI EVENT SHALL SELLER BEI LIABLE FOR. ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDINGI WITHOUT LIMITATION DAMAGES FORI LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS ORI LOSS OF GOODWILL), REGARDLESS OF WHETHER: SELLER (a) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH Buyer acknowledges that each Product and any relateds software and technology, including technical information supplied by Seller or contained inc documents (collectively' "Items"), is subject to export controls oftl the U.S. government. The export controls may include, but are not limited to, those oft the Export Administration Regulations oft the U.S. Department of Commerce (the "EAR"), whichr may restrict or require licenses for the export ofi Items from the United States and their re-export from other countries. Buyer shall comply with thel EARa and all other applicable! laws, regulations, laws, treaties, and agreements relating tot the export, re-export, andi import ofa any! Item. Buyer shall not, without first obtaining the required license to do sof fromt the appropriate U.S. government agency; () export or re-export any! Item, or (i)e export, re-export, distribute ors supply any Item to any restricted ore embargoed country ort toap person ore entity whose privilege toy participate in exports has been deniedo orr restricted by the U.S. government. Buyers shall, ifr requested by Seller, provide information ont the end user and end use of any! Item exported or to! be exported by Buyer. Buyers shall cooperate fully with Seller in any official or unofficial audit ori inspection relatedt to applicable export ori import control laws or regulations, and shalli indemnify andl hold! Seller harmless from, ori ino connection with, any violation of 13. Resale. Subject tot the terms and conditions herein, Buyer shall have the rightt tor resell ort transfer the Products to any third party (an "End User"), provided that (a) Buyer makes such sale pursuant tob binding terms and conditions no less protective of Seller and thel Product hereunder: and Buyer makes nor representation or warranty on! behalf of Seller, (c) Buyer fairly and accurately represents thel Product at all times only ina accordance with the express statements in Seller's written documentation, and (d) Buyer ensures that Seller's user manual and 14. U.S. Government. The use, duplication, reproduction, release, modification, disclosure ort transfer ofs software Products, or any related documentation ofa anyk kind (including, without limitation, technical data or manuals), is restricted in accordance with Federal Acquisition Regulation 12.2121 for civilian agencies and Defense Federal Acquisition Regulation 227.7202 for military agencies. The software Products are "commercial items" and commercial computer software andt the related documentation is commercial computer software documentation. The use oft thes software Products and related documentation isf further restricted in accordance with the terms oft this Agreement and any software software products provided hereunder. documentation provided hereunder and allo copies and portions thereof. forth! herein shall not applyt to software products owned by third parties and provided hereunder. wspoeces.ompaens. and any security locks, stickers, seals orr notices that are affixed tot the Product may not be opened or removed. other breach ofv whichi itis aware. agreement DAMAGES OR (b) IS NEGLIGENT. 12. EXPORT RESTRICTIONS this Section by Buyer ori its employees, consultants, or agents. alla applicable warnings are delivered to each and every End User of the Product. license included or provided with a particular software Product. 908 Devices Inc., 645 Summer Street, 2nd Floor, Boston, MA 02210, P: (857)254-1500 www.90Bdevices.com 908devices 645 Summer Street Boston, MA 02210 15. MISCELLANEOUS. (a) Buyer may not delegate any duties nor assign any rights or claims hereunder without Seller's priory written consent, and any such attempted delegation or assignment: shall bey void. (b) The rights and obligations oft the parties hereunder shall be governed by and construedi in accordance with the laws oft the State of Seller, without reference toi its choice ofl law provisions. Each party hereby irrevocably consents tot the exclusive jurisdiction oft the state andi federal courts located int the county and state of Seller, ina any action arising out of orr relating to this Agreement and waives any other venue tov whichi itr may be entitled! by domicile or otherwise Any action arising under this Agreement must beb brought within one (1) year from the date that the cause ofa action arose. (c) The application tot this Agreement oft the U.N. Convention on Contracts fort thel International Sale of Goods is hereby expressly excluded. (d) In the event that any one orr more provisions contained herein shall be held by a court of competent jurisdiction tol bei invalid, illegal or unenforceable in any respect, the validity, legality and enforceability oft the remaining provisions contained herein shall remain inf fullf force and effect, unless the revision materially changes thel bargain. (e) Seller's failure to enforce, or Seller's waiver ofal breach of, any provision contained! herein shali not constitute: a waiver ofa any other breach or ofs such provision. () Buyer agrees that all pricing, discounts and technical information that Seller provides to Buyer aret the confidential and proprietary information of Seller. Buyer agrees to (1) keeps such information confidential and not disclose such information toa any third party, and (2) use such information solelyf for Buyer's internal purposes andi inc connection with the Products supplied hereunder. Nothing hereins shall restrict the use ofi information available tot the general public. (g) Any notice or communication required or permitted hereunder shall bei in writing and shall be deemed received when personally delivered ort three (3) business days after being sent by certified mail, postage prepaid, to a party att the address specified herein or ats such other address as either party may from time tot time designate tot the other 908 Devices Inc., 645 Summer Street, 2nd Floor, Boston, MA 02210, P: n-O-.CESN PASS' THROUGH CONTRACT AGREEMENT MADE THIS ninth day of April 2024, by and between Victim Outreach Intervention Center (hereinafter Subgrantee"): and Butler County, Pennsylvania (hereinafter "Contractor") WITNESSETH: WHEREAS, the Subgrantee has made, or will make, application to the Pennsylvania Commission on Crime and Delinquency (hereinafter "PCCD") for a subgrant of STOP Violence Against Women funds (hereinafter Project"); and WHEREAS, the Project is described in a subgrant application, a copy of which is attached hereto, and made a part hereof; and WHEREAS, thel Parties are agreeable to the transfer of sufficient funds by the Subgrantee to the Contractor for the implementation by the Contractor oft the Project (except for the project evaluation function). NOW, THEREFORE, the Parties hereto, intending to be legally bound hereby, agree as follows: 1.7 The Contractor shall perform all of the Project services described in the subgrant application attached hereto. The Contractor shall commence the performance ofi its services with all due diligence and dispatch, assiduously press to their complete performance, and exercise the highest degree of professional skill and competence. 2. The Subgrantee shall, as consideration for the rendering of services, pay to the Contractor, out of subgrant funds received to support the Project, a sum of Sixty-Two Thousand five hundred Dollars ($62,500.00), per year for three years. 3. Payment for services rendered and allowable expenses and costs incurred shall be made by the Subgrantee on the following payment schedule, subject to all applicable Federal/State requirements for the documentation of expenditure of subgrant funds: 4. All subgrant funds delivered by the PCCD to the Subgrântee shall be promptly deposited in an account in its treasury and properly documented. All payments to the Contractor from such funds shall be made by checks drawn by the Subgrantee's Treasurer ini favor oft the Contractor. 5. The Subgrantee expressly acknowledges its liability to the PCCD for the repayment of any and all unallowable costs paid under the Project. 6. AIIPCCD standard and special subgrant conditions agreed to by the Subgrantee shall be binding upon the Contractor. 7.7 The Contractor's accounting procedures must properly and accurately document the accurate and timely recording of receipts off funds by source, expenditures, and unexpended balances. The Contractor shall maintain adequate fiscal controls to insure that charges tol Project funds are for allowable costs as provided for in the approved project budget and that documentation is readily available to verify the accuracy of such charges. 8. The Contractor, upon request, shall make available all directly pertinent books and records for inspection and audit by the Subgrantee, the PCCD and the Auditor General of Pennsylvania. The Contractor shall retain in Pennsylvania all books and records directly pertinent to Project expenditures for aj period of at least five (5) years after the termination of this agreement. 9. This agreement and the funds to come due hereunder shall not be assigned by the Contractor. 10. Title to all documents prepared by the Contractor in the performance oft this agreement shall be vested in the Subgrantee, subject to interests reserved by PCCD. 11.The Contractor shall not, on the grounds of race, color, creed, sex, national origin or handicap, exclude any person from participation in the Project or deny any person the benefits oft the Project. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or non job-related handicap and shall take affirmative action to insure that applicants are employed and employees are treated without regard to such characteristics. 12. The Subgrantee reserves the right to terminate this agreement for cause upon thirty (30) days written notice, subject to the Contractor's entitlement to payment for services properly rendered and allowable costs incurred prior to the date of termination. 13. This agreement shall be effective if and when funds to support the Project are awarded to the Subgrantee by the PCCD and shall terminate at the end oft the project period specified in the subgrant application attached hereto, subject to any approved extension of such project period and subject to termination for cause pursuant to Paragraph 12 oft this agreement. IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be executed by their duly authorized representatives the day and year first above written. ATTEST: Victim Outreach Intervention Center By: Tracy Veri Title: Executive Director ATTEST: Butler County, Pennsylvania By: Leslie Osche Title: Chairman, Butler County Board of Commissioners DOECommuncations Your Partner Your Solution. EWOE METRO ETHERNET & INTERNET SERVICE ORDER AGREEMENT AGREEMENT DATE: 4/10/2024 Company! Name: Butler County Billing Contact: Steve Bicehouse Email Address: Dcenou@copulerpaus Order Contact: James Venturini Order Type: New! Logo SERVICE ADDRESS1 Address: 120 McCune Dr Butler PA 16001 Site Contact: Steve Bicehouse DQE SALES: Alexis Kozak DQE SO#: OP-20603 CUSTOMER DETAILS Company Address: 120 McCune Dri Butler PA 16001 Billing Address: 120 McCune DrE Butler, PA1 16001 Phone Number: 724-284-5405 Desired Due Date: 5/25/2024 Email: venturi@co.buterpa.us ORDER DETAILS CUSTOMER LOCATIONS Email: brenolse@cobuterpaus Phone: 724-284-5211 Customer Requested Handoff: Copper RJ45* Phone: 724-284-5405 Ifhandoff type isr nots specified, DQE will default toa copper RJ45 handoff for orders less than 1Gbps ora1 10Gbps SM-LCI handoff for orders over 1Gbps. Bandwidth (Mbps) 1Gpbs Service Type Basic v2 Internet Location A 120 McCune Dr Butler, PA Location: Z Enter Address IPS 128** MRC 485.00 NRC $0 IP. Justification REQUIRED1 for! IPA Address Allocations ofl 128 anda above. IFBGP is required, LOA and Questionnaire must bec completed. PRICING & CONTRACT TERM Term (months): 60 Total MRC: $485.00 NRC: $0 Notes: New 1 Gbps Basic v21 Internet with /281Pa addresses. Waiving Install ifs signed before 4/25/2024 business as usuali is a condition precedent tol DQE being ablet toc deliver ont time. While DQEI isc continuing operations duringt this uncertaint time, the effects ofCOVID 190 on any! DQE stated delivery date remains unknown. DQE's ability to continue Pricess shown dor notr reflecta applicable! taxes and fees. Pers Section 3(B) ofthel Master Services/ Agreementb betweent thep parties, the Termo ofthes services described! hereins shall commence upon This Metro Ethernet &1 Internet Service Orderi iss subjectt to, andr made a part of, the most recentlye executed DQE Communications Master Services/ Agreement. IFDQE Communications and Customer haver note executeda aN Master Services Agreement and/or applicable Service Schedule, DQE Communications' currents standard Master Services Agreement and Service Schedule willg govern, ac copy ofv whicha area available uponr request. Bys signing below, Company/Customer: acknowledges and agrees thati itis boundt byt thet terms oft the! Master Services Agreement, asy wella ast the additional terms and conditions containedy withint the! Metro Ethernet & Internet Service Schedule attachedt tot the! Master Service Agreement. Changes made aftert this order hasb beenp processed may resulti inac change order andr require additional time toc complete. Customer acknowledges thata any Expedite Feei isr non-refundable under alla and Customer's receipto ofa ServiceA Activation Notics. DQE reservest ther rightiom modifya ane expedited FOC date pending completion ofallpaperwork any circumstances, whether orr nott ther requestedF FOC datei isr met by Company, SIGNATURE Butler County Signature: X Print: DQE Communications LLC Signature:X Print: Date: Date: Property of DQE Communications, proprietary and confidential. Do not copy or distribute. 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 ofl Integrated Services HUMAN SERVICES DEPARTMENT COUNTY GOVERMMENT CENTER, ANNEX-1"FLOOR 124 WEST DIAMOND: STREET, P.O. BOX1 1208 BUTLER, PA 16003-1208 Butler Countp TELEPHONE: (24,284-5114-TTD: USERS: (724)2 284-5473 FAX: (724)284-5128-E EMAIL: bemhmr@o.buterpaus DATE: TO: FROM: RE: April 18, 2024 Lori Altman Brandon Savochka Human Services Director Human Services Agreements Human Resources Director/Chief Clerk Commissioners' Public Meeting - April 24, 2024 lam requesting Commissioners approval of the following Human Services items: Human Services 1. Approval oft the following Human Services amendment for. July 1, 2023 - June 30, 2024: ANR Amendment #3 - Add Intellectual Functioning Evaluation $500.00 each. Drug & Alcohol 1. The Butler County Commissioners Council on Drugs and Alcohol has voted to recommend for Commissioners' approval the re-appointment of Mark Lope for a second three-year term Ify you have any questions or require further information, please give my office a call. Thank you. on the Board from May 1, 2024 to April 30, 2027. COMMERCIAL SERVICES AGREEMENT This Commercial Service Agreement ("Agreement") isi madet this, April 16, 2024, between Armstrong Utilities, Inc. ("Armstrong"): and Subscriber. The parties acknowledge thati ifthis Agreement is being used in connection with Subscriber's purchase of Armstrong's telephone service, that Subscriber shall be required to review and execute. Armstrong's standard Subscription. Agreement, a copy ofv whichi is attached hereto andi made a part hereof. The parties also acknowledge thati int the evento ofany discrepancy betweent this Agreement andi the Subscription. Agreement, these terms and conditions shall 1. SERVICES: During the term of this Agreement, Armstrong will provide the Service(s) identified below to Subscriber, att the equipment location control. listed att the end ofthis Agreement, Internet Telephone Service CableTV Misc Services 5Static IP: addreses Tier Service Zoom Pro 100 $69.95 $ $ $20.00 Digital Music Tolll Free Regional Sports Network $ 4GLTEI Failover Service 2.F FEES. ANDI RATES: Inc consideration oft the Service(s) providedt to Subscriber, Subscriber willj pay a monthly fee to Armstrong of$89.95 as described above. Subscriber also agrees toj pay Armstrong a one-time installation charge of $79.95 for the Service(s) and any provided equipment. Armstrong reserves ther right toa adjustt the one-timei installation charge ifant unanticipated expense is discovered during the final sites survey. Should ant unanticipated expense be discovered, Subscriber shalll have the' option to terminate the. Agreement. Ifthe Service includes telephone service, Subscriber will receive unlimited local calling and NA minutes of long distance per month. Additional minutes of use will be charged at] NA cents per minute. Additional charges will apply for directory assistance, international and operator assisted calls. The parties agree that Armstrong may, during any term hereof, 3.They parties acknowledge and agree that Armstrong's provision ofs services hereunder willl be subject to certain restrictions including, but not limited 4.TERM AND TERMINATION: The term of this Agreement will be for aj period of 361 months commencing on May 2024 (the' "Initial" Term"). This Agreement will automatically continue for terms att the same length as the Initial Term att the then applicable rate, untile either party provides the other party with atl least sixty (60) days notice ofi itsi intent not tor renew the Agreement at the expiration of the then current term. Thel Initial Term and any renewal term are! herein collectively referred to as the' "Term". During the' Term, Armstrong may terminate this Agreement ata any time with thirty (30) days written noticet tot the Subscriber if: (i) Subscriber fails toj pay any Fee due in ai timely manner; (ii) Armstrong loses its franchise in the area where Subscriber: isl located ori in the event that Armstrong no longer offers the Services within the area where Subscriber isl located; (in) Subscriber ceases to do business at Subscriber's location and does not relocate to an address within Armstrong's then current service area, in which case then Subscriber agrees top pay Armstrong (a) all amounts then due and (b)t the balance oft the amount due to Armstrong for thei remainder oft the then-current Term oft the Agreement; or (iv)a any change occurs in any applicablel law that affects Armstrong's: ability toj perform its obligations undert this Agreement. 5.EQUIPMENT. Upon termination of this Agreement, Subscriber will return the. Armstrong equipment to Armstrong int the same condition as when installed, normal wear andt tear excepted. IfSubscriber: failst tor return the. Armstrong equipment, Subscriber willl bec chargeda a feet tor replace the Armstrong equipment. Ini the event of expiration or termination oft this Agreement, Armstrong will have the option tor remove all or any portion oft the. Armstrong 6.N NOE RESALEASIGNMENT. Subscriber will not resell the Service(s). This Agreement is freely assignable by Armstrong; Subscriber may assign THIS AGREEMENT IS ALSO SUBJECT TO APPLICABLB ARMSTRONG TERMS AND CONDITIONS OF SERVICE AND USEPSUBSCRIPTIONINSTALLATION: AGREEMENTS AND/OR USE POLICIES. THIS AGREEMENT WILL BECOME BINDING ONTHE PARTIES HERETO WHEN: SIGNED BY SUBSCRIBER AND ACCEPTED AND. APPROVED BY ARMSTRONG. ADDIIONALTERMSAND increase thei fees and/or rates applicable tot the Service(s). to, the serviceability of Subscriber's location. equipment att the equipment location during normal business hours. this Agreement only with Armstrong'sp prior written consent. CONDITIONS CANI BE! FOUND ATI htplarmstrongonewirecom/policies: IN WITNESS WHEREOF, thej parties hereto have executed this Agreement as oft the day and year stated above, SPECIALI INSTRUCTIONS: Installr new Zoom Pro 100. ACCOUNT DETAILS: New: K Upgrade: D Renewal: D Transfer. D Name Ownership Change Change: D Existing Account Number: Sales Representative: Name: Bob Ochs ID:45 Channel Partner: Name: ID: SUBSCRIBER SUPPLIER County of Butler Signature: Title: Date: County of Butler c/o Information Technology POI Box 1208 Butler, PA 16003-1208 01/27/2022:V9 Armstrong Utilities, Inc. Signature: Title: Date: County of Butler 107 Woody Dr. Butler, PA 16001 BILLING ADDRESS (Attached as neçessary) EQUIPMENT LOCATION (Attached as necessary) COMMERCIAL SERVICES AGREEMENT This Commercial Service. Agreement ("Agreemen!")i is madet this April 16, 2024, between Armstrong Utilities, Inc. ("Armstrong"): and Subscriber. The parties acknowledge that ifthis Agreement is being used in connection with Subscriber's purchase of Armstrong's telephone service, that Subscriber shall be required tor review and execute Armstrong' s standard Subscription Agreement, a copy of whichi is attached hereto andi madea a) part! hereof. The parties also acknowledget thati int the event ofa any discrepancy between this Agreement and the! Subscription. Agreement, these terms and conditions shall 1. SERVICES: During the term of this Agreement, Armstrong will provide the Service(s) identified below to Subscriber, at the equipment location control. listed att the end oft this Agreement. Internet Telephone CableTV Tier Service Service Zoom Pro 100 $69.95 $ $20.00 Digital Music Tolll Free Regional Sports Network $ 4GLTEI Failover Service Misc Services 5Static IP: addresses 2. FEES ANDI RATES: In consideration oft the Service(s) provided to Subscriber, Subscriber will paya a monthly feet to Armstrong of$89.95 as described above. Subscriber also agrees toj pay Armstrong a one-time installation charge of $79.95 for the Service(s) and any provided equipment. Armstrong reserves the right to adjust the one-time installation charge ifan unanticipated expense is discovered duringt thei final site survey. Should ant unanticipated expense be discovered, Subscriber shall have the option to terminate the Agreement. Ifthe Service includes telephone service, Subscriber will receive unlimited local calling and NA minutes ofl long distance per month. Additional minutes ofi use will be charged at) NA cents per minute. Additional charges will apply for directory assistance, international and operator assisted calls. Thej parties agree that Armstrong may, during any term hereof, 3.The parties acknowledge and agree that Armstrong' 's provision of services hereunder willl be subject to certain restrictions including, but notl limited 4.TERM AND TERMINATION: The term oft this Agreement willl be for a period of 36 months commencing on May 2024 (the "Initial" Term"). This Agreement will automatically continue for terms att the same length as thel Initial Term at the then applicable rate, until either party provides the other party with at least sixty (60) days notice of its intent not to renew the Agreement at the expiration oft the then current term. Thel Initial Term and any renewal term are herein collectively referred to as the' Term". During the Term, Armstrong may terminate this Agreement at any time witht thirty (30) days written noticet to the Subscriber if: (i) Subscriber fails top pay any Fee due in a timely manner; (ii). Armstrong loses its franchise int the area where Subscriber is located ori int the event that Armstrong nol longer offers the Services within the area where Subscriber is located; (i) Subscriber ceases to dot business at Subscriber's location and does not relocate to an address within Armstrong's then current service area, in which case then Subscriber agrees toj pay Armstrong (a) all amounts then due and (b) thel balance oft the amount due to Armstrong for the remainder oft thet then-current Term oft the Agreement; or (iv) any change occurs in: any applicable law that affects Armstrong's: ability top perform its obligations under this Agreement. 5.E EQUIPMENT. Upon termination of this Agreement, Subscriber willr return the Armstrong equipment to Armstrong int the same condition as when installed, normal wear andt tear excepted. IfSubscriber fails tor return the Armstrong equipment, Subscriber willb bec chargedaf feet tor replace the. Armstrong equipment. In the event of expiration or termination oft this Agreement, Armstrong will have the option tor remove all or any: portion oft the Armstrong 6.NOI RESALEASSIGNMENT: Subscriber will not resell the Service(s). This Agreement is freely assignable by Armstrong; Subscriber may assign THIS AGREEMENT IS ALSO SUBJECT TO APPLICABLE ARMSTRONG TERMS AND CONDITIONS OF SERVICE AND USE/SUBSCRIPTION/INSTALLATION AGREEMENTS AND/OR USE POLICIES. THIS AGREEMENT WILL BECOME BINDING ON THE PARTIES HERETO WHEN SIGNED: BY: SUBSCRIBER, AND ACCEPTED AND APPROVED BY ARMSTRONG. ADDITIONAL TERMS. AND increase thei fees and/or rates applicable tot the Service(s). to, thes serviceability of Subscriber's! location. equipment: att the equipment location during normal business hours. this Agreement only with Armstrong'sp prior written consent. CONDITIONS CANI BEI FOUND. AT AASSGRNSeN IN WITNESS WHEREOF, the parties heretol have executed this Agreement as oft the day andy year stated above. SPECIALI INSTRUCTIONS: Install new Zoom Pro 100. ACCOUNT! DETAILS: Name Ownership Change Change: D Existing Account Number: Channel Partner: New: 3 Upgrade: D Renewal: D Transfer:[ D Sales Representative: Name: Bob Ochs ID:45 Name: SUPPLIER ID: SUBSCRIBER County of Butler Signature: Title: Date: County of Butler c/o Information Technology PO Box 1208 Butler, PA 16003-1208 01/27/2022:V9 Armstrong Utilities, Inc. Signature: Title: Date: County of Butler 5301 Fairground Hilll Rd. Butler, PA 16001 BILLING ADDRESS (Attached as necessary) EQUIPMENT! LOCATION (Attached as necessary) Hammonds, Pamela From: Sent: To: Subject: Welliver, Lance Wednesday, April 17, 2024 10:21 PM Butler County Public! Meeting agenda Hic Commissioners, Please see the following request for the upcoming meeting. Seeking 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 at total of3 3i in the state one parki in each oft the 3 districts and we are in District 1. We would host an event on Friday, July 19, 2024 at First Responders Pavilion. We would provide the following: Proclamation - Commissioners would present at the event. Use the PRPS logo on promotional advertisements. Invite park employees and visitors. Provide light refreshments and entertainment. Live Facebook broadcast - if selected. Brief ceremony- - PRPS would present a plaque if we would be selected. Ify you have any questions, please let me know. Thank you. Lance Welliver Director Butler County Parks and Recreation 724-284-5383 wellve@robuter.paus bcpr.recdesk.com 1 Hammonds, Pamela From: Sent: To: Cc: Subject: MacKay, Joel Wednesday, April 17, 2024 11:03 AM Butler County Public Meeting Gordon, Mark; Graham, Julie Request to Adopt Proposed County SALDO Amendments The BC Planning Department requests to be on the April 24, 2024 Public Meeting Agenda to request the commissioners approval of the proposed Subdivision and Land Development Ordinance 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 &6 6), the addition of Decommissioning Company and Landowner Agreements and Bond contracts (Appendix 1& II), the addition of Developers Agreement (Section 801 & Appendix III), and the addition of a Financial Security Agreement for the Installation of Public Improvements (S Section 802 and Appendix IV). Thank you, c.dlaccy Joel R. MacKay Civil Engineer/Planner Butler County Planning Department 124 West Diamond Street Butler, PA 16001 724.284.5138 724.284.5315FAX mackay@co.butler.pa.us 1 Butler County Board of Commissioners Planning Commission 124 W. Diamond Street,] POI Box 1208, Butler, PA 16003-1208 Phone 724.284.5300 Fax7 724.284-5315 TDD724.284-5473 Commissioners Leslie. A. Osche, Chairman Kimberly D. Geyer, Vice Chairman Kevin E. Boozel, M.S., Secretary ChelaEconome Development & Planning Mark S. Gordon MEMO To: Board of Commissioner From: Kevin Gray Date: April 12,2024 Subject: Commissioner Meeting April 24, 2024 Please place the following item on the April 24, 2024 Public Commissioner Meeting: 1. Approval oft the Reimbursement Agreement-1 with PennDOT for the replacement of County Bridge # 24 Kelly Bridge, in Worth Twp. This Amendment Agreement has on financial changes, toj just adjust the allocation of funds to different areas ofthe project. With the authorization for the Chief 2. Approval a Resolution to allow Lori Altman, ChiefClerk, to e-sign any future Clerk to sign. addendums and exhibits, after Commissioners approval. Ifyou! have any questions, please contact me 724-284-5302 Thank you: for your assistance Kevin Gray LETTER OF. AMENDMENT April 4, 2024 Butler County Kevin Gray, Director Butler Re: 124 West Diamond Street, PO Box 1208 PA 16003 Amendment 1 Agreement # R20100002 Dear Local Project Sponsor(s): Per the terms of the subject agreement, the Department is willing to amend the terms by increasing the total project costs from 2000000 shown in the attached Exhibit A01 required signatures are affixed to this document. to 2000000 ,as This amendment will become effective once all We are requesting your concurrence as to the amendment of the above-referenced agreement. If you agree to the amendment, please indicate below by signing and noting your title where indicated. Please attach ai resolution verifying your authorization to sign this letter of IF APPLICABLE: Since the date of the Original Agreement, some standard provisions and accompanying exhibits have been updated; copies of these updated Exhibits are attached hereto and hereby supersede and replace the corresponding exhibit attached to amendment. the Original. Agreement. Your response is required no later than 04/18/2024 On behalf of the above-named Local Project Sponsor, I agree to the amendment of the above- referenced agreement. Iagree to all terms and conditions included in the subject agreement and all previous amendments thereto, ifany. Signature: Title: Date: All terms and conditions of the agreement and its amendments (if any) not affected by this This letter of amendment is not effective until the Office of Comptroller Operations signs and dates this letter of amendment. The Department will forward a copy of the fully executed letter of amendment remain in full force and effect. letter of amendment for your files. Sincerely, Jason M Barkey Project Manager Page 1 of2 Approved for Form and Legality: (Asst.) District Executive for Chief Counsel Date Date Date Comptroller Signature Reimbursement Amendment No. R20100002-1 is split 100 expenditure amount of $2,000,000.00 0 for federal funds and0.00% expenditure amount of for state funds. The related federal assistance program name and number is Highway Planning & Construction The: state assistance program name and number is N/A 20.205 N/A Page 2 of2 PROJECT ESTIMATED COSTS Reimbursement Agreement No: R20100002 County: Butler Municipality: WORTH Project Name: CO #24 Kelly Bridge MPMS No: 24471 Engineering Agreement No: L00524 Municipality Incurred Costs 366198,6 292236.99 1331412.65 1989848.24 Commonwealth Incurred Costs Phase Totals 367350.36 294236.99 1338412.65 2000000 Phase Totals 366198.6 292236.99 1331412.65 1989848.24 Phase Totals 1151.76 2000 7000 10151.76 % Total o) Preliminary Engineering 1151.76 2000 7000 10151.78 Final Design Utilities Right of Way Construction SUBTOTALS COST SHARING (Municipality Incurred Costs) Federal % 366198.6 100) 292236,89 100) 100) 100) 1331412.65 ( 100) 1969848.24 State % Municipality ) ) ) ) ) % 0 ( ) Preliminary Engineering Final Design Utilities Right of Way Construction TOTALS $0.00 COST HARNG/COmmonweatn Incurred Costs) Federal % 1151.76 100) 2000 100) 100) 100) 7000 100) 10151.76 State % Municipality o( ) ) ( % o( o( ( Preliminary Engineering Final Design Utilities Right of Way, Construction TOTALS TOTALCOST % 0.0%) Federal % 2000000 (100,09) State Municipality Amount Eligible to be Reimbursed to Municipality 1989848.24 Exhibit A01 Federal Funding Accountability and Transparency Act Subrecipient Agreement Requirements The terms "subrecipient, subgrantee, and subawardee" used in the following pages and the agreement to which this document is attached shall mean the party that is the recipient of federal funds under the agreement to which this document is attached. 1. Registration and Identification Information Subrecipient must maintain current full registration that permits their entity registration to appear in a public search in the System for Award Management or SAM (Www.SAM.gov) at all times during which they have active federal awards funded pursuant to this agreement. A Unique Entity Identifier (UEI) is issued upon registration in SAM.gov. Subrecipient must provide its assigned UEI to the Commonwealth of Pennsylvania (Commonwealth) along with Subrecipient's return of the signed agreement. The Commonwealth will not process this agreement until such time that Subrecipient provides this information. 2. Primary Location Subrecipient must provide to the Commonwealth the primary location of performance under the award, including the city, State, and zip+4, If performance is to occur in multiple locations, then Subrecipient must list the location where the most amount of the Subrecipient must provide this information to the Commonwealth along with Subrecipient's return of the signed agreement. The Commonwealth will not process this award is to be expended pursuant to this agreement. agreement until such time that Subrecipient provides this information. 3. Compensation of Officers Subrecipient must provide to the Commonwealth the names and total compensation of the five most highly compensated officers of the entity if- 1. the entity in the preceding fiscal year received- a. 80 percent or more of its annual gross revenues in Federal awards; and b. $25,000,000 or more in annual gross revenues from Federal awards: and 2. the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchanges Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of Ifs Subrecipient does not meet the conditions listed above, then it must specifically affirm to the Commonwealth that the requirements of this clause are inapplicable to the Subrecipient. Subrecipient must provide information responding to this question along with Subrecipient's return of the signed agreement. The Commonwealth will not process this agreement until such time that Subrecipient provides such information responding to this question. the Internal Revenue Code of 1986. See FFATA S 2(b)(1). 9/08/2023 Federal Funding Accountability and Transparency Act Subrecipient Data Sheet The Subgrantee: must complete Federal Funding Accountability and' Transparency Act Subrecipient Data Sheet (FFATA Sheet) attached here. The FFATA Sheet is to be completed Failure to provide accurate information for the Subgrantee named as aj party to this agreement or too complete the FFATA Sheet will cause the inability oft the Commonwealth of Pennsylvania (Commonwealth) toj process this agreement and resulting in delay or loss of funds to the Subgrantee. The Subgrantee's documentation will be considered incomplete until such time that and incorporated as part oft this agreement. Subgrantee provides accurate FFATA information. (a) Registration and Identification Information - The Subgrantee must maintain a current full registration that permits their entity registration to appear in aj public search in the System for Award Management or SAM (WWw.SAM.gov) at all times during which they have active federal awards funded pursuant to this agreement. A Unique Entity Identifier (UEI) isi issued upon registration in SAM.gov. Subgrantee must provide its UEI, to the Commonwealth along (b) Primary Location Subgrantee must provide to the Commonwealth the primary location of performance under the award, including the city, State, and zip+4. If performance is to occur ini multiple locations, then Subgrantee must list the location where the most amount of the () Compensation of Officers - Subgrantee must provide to the Commonwealth the names and total compensation of the five most highly compensated officers oft the entity if- with the signed agreement. award is to be expended pursuant to this agreement. 1.t the entity in the preceding fiscal year received- - a. 80 percent or more ofi its annual gross revenues in Federal awards; and b. $25,000,000 or more in annual gross revenues from Federal awards; and 2.1 the public does notl have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchanges Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Ifthe Subgrantee does not meet the conditions listed above, then it must specifically affirm to the Commonwealth that the requirements of this clause are inapplicable to the Subgrantee. Subgrantee must provide information responding to this question along with Subgrantee' 's return of the signed agreement. The Commonwealth will not process this agreement until such time that Subgrantee provides such information responding to Internal Revenue Code of 1986. See FFATA S 2(b)(1). this question. 09/12/2023 Federal Funding Accountability and Transparency Act Subrecipient must provide information along with Subrecipient's return of the signed agreement. The Commonwealth will not process the agreement Subrecipient Data Sheet until such time that Subreciplent, provides such Informatlon. REGISTRATION AND IDENTIFICATION INFORMATION Unique Entity Identifier (UEI): [INSTRUCTIONS: Subrecipient must provide its assigned UEI. Subrecipient must maintain current registration that permits their entity registration to appear in a public search in SAM (www.SAM.gov), at all times during which they have active federal awards funded pursuant tot this agreement. AUEli is issued upon registration in SAM.gov.] PRIMARY LOCATION City: State: Zip+4: [INSTRUCTIONS: Subrecipient must provide to the Commonwealth the primary location of performance under the award, including the city. State, and zip code including 4-digit extension. If performance is to occur in multiple locations, then Subrecipient must list the location where the most amount of the awardi is to be expended pursuant to the agreement.) COMPENSATION OF OFFICERS Officer 11 Name: Officer 1 Compensation: Officer 21 Name: Officer 2 Compensation: Officer 31 Name: Officer 3 Compensation: Officer 41 Name: Officer 4 Compensation: Officer 51 Name: Officer 5 Compensation: compensated officers of the entity if-- 1.the entity in the preceding fiscal year received-- By marking thei following box Subrecipient affirms they dor not meet the conditions for reporting highly compensated officials INSTRUCTIONS: Subrecipient must provide to the Commonwealth the names and total compensation of the fiver most highly a. 80 percent or more ofi its annual gross revenues in Federal awards; and b.$ $25,000,000 or more in annual gross revenues from Federal awards; and 2. the public does not have access toi information aboutt the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchanges Act of 1934( (15U.S.C. 78m(a), 78o(d)) or section 6104 Ift the Subrecipient does not meet the conditions listed above, then it must specifiçally affirm tot the Commonwealtht that the of the Internal Revenue Code of 1986. See FFATA S 2(b)(1). requirements of this clause are inapplicable to the Subrecipient. 09/12/2023 LOBBYING CERTIFICATION. FORM (applies only ifAgreement is Federally Funded) [Exhibit needs to be printed, completed offline, and then scanned and attached] Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best ofl his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or willl bej paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee ofa member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee ofa member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure of (3) The undersigned shall require that the language oft this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed under Section 1352, Title. 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty ofnot less than $10,000 andi not more than $100,000 for such failure. contract, grant, loan, or cooperative agreement. Lobbying Activities, in accordance withi its instructions. agreements) and that all subrecipients shall certify and disclose accordingly. SIGNATURE: TITLE: DATE: Exhibit M01 Enclosure 1 tol Management Directive 305.16. Amended Page 1of3 DISCLOSURE OF LOBBYING ACTIVITIES (See reverse for public burden disclosure.) 2. Status of Federal Action: Approved by OMB 0348-0046 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 1.1 Type of Federal Action: a. contract b. grant C.C cooperative agreement d. loan e. loan guarantee f. loan insurance Ly Prime 3. Report Type: a. initial filing b. material change For Material Change Only: year date of last report a. bidofferlapplication b.i initial award C. post-award quarter 4. Name and Address of Reporting Entity: 5.IfR Reporting Entity in No. 4 is a Subawardee, Enter Name Subawardee Tier and Address of Prime: ifknown: Congressional District, ifknown: 6. Federal DepartmentAgency: Congressional District, ifknown: 7.Federal Program Name/Description: ALN Number, ifapplicable: 9. Award Amount, ifknown: different from No. 10a) (last name, first name, MI): 8. Federal Action Number, ifknown: $ 10.a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (ifindividual, last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C. section Signature: 1352. This disclosure of lobbying activities is a material representation of fact upony which reliance was placed byti thet tiera abovev whent this transaction was made Print Name: ore entered Into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will bea available forp publick Inspection. Any person whof fallstofilethe required disclosure shall bes subjectt toa civilp penalty ofr notle less than $10,000 and Title: notn moret than $100,000 fore eachs suchf falilure. Federal Use Only: Telephone No.: Date: Authorized' for Local Reproduction Standard Form LLL (Rev.7-97) Exhibit M01 Page 2of3 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIMITIES This disclosure form shall be completed! by the reporting entity, whether subawardee or prime Federal recipient, at thei initiation or receipt of a covered Federal action, orar materialchangei to a previous filing, pursuantt tot title 31 U.S.C. section 1352. Thei filing ofaf form isr required for each paymentor agreementto make paymentto any lobbyinge entityf for influencing or attemptingt toi influence and officer ore employeeof any agency, al Member of Congress, an officer or employeeof Congress, ora an employeeof al Membero of Congressi inc connectionwitha coveredFederalaction. Completea alli itemst thata applyf for botht thei initialf filing andi material 1. Identify the type ofc covered Federal action for which lobbying activity is and/or has been secured toi influence the outcome ofa covered Federal action. 3. Identify the appropriated classification of this report. If this is at followupr report caused by a materiald changet tot thei information previouslyr reported, enter they year and quarteri inv which the change occurred. Enter the date oft thel last previouslysubmitted: report byt this reportinge entityf fort this covered Federal 4. Entert thet full name, address, city, State and: zip coded oft ther reportingentity. Include CongresionalDistic, ifk known. Check the appropriated classification oft ther reportinge entity thato designatesifitis, ore expectst tob be, aj prime ors subawardrecipient, Identifyt thet tier oft thes subawardee,e.g. thef first subawardee oft the prime ist the 1st tier, Subawards include but are notl limitedt tos subcontracts, subgrants and contract awards under grants. 5.lft the organizationi filing the reporti ini item 4 checks Subawardee," then enter the full name, address, city, State and: zip code of the prime Federal 6. Entert ther named of the Federalagencymakingt the: awardorl loan commitment. Include atk least onec pmtiasoaibvalabwagag, name,ifk known.For 7. Entert the Federalprogram name or descriptionf for the covered Federala action (item 1). If known, enter the full Assistance Listing Number (ALN) number 8. Enter the most appropriate Federali identifying number availablet for the Federal action identifiedi ini item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the applicationiproposal. control number 9.Fora ac coveredFederal. action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan 10. (a) Entert thet full name, address, city, State and: zip code oft thel lobbying registrant under thel Lobbying Disclosure. Act of 1995 engaged by the reporting (b) Enter thet full names oft thei individual(s) performing services, andi include full addressi ifd different from 10 (a). Enter! Last Name, First! Name, and change report. Refer tot thei implementing guidance published by the Office of Management: and Budget for additional information. 2. Identify the status oft the covered Federal action. action. recipient. Include Congressionall District, ifknown. example, Department of Transportation, United States Coast Guard. for grants, cooperative agreements, loans, and loan commitments. assigned byt the Federal agency). Include prefixes, e.g., "RFP-DE-90-001, commitmenti for the prime entityi identified ini item 40 or5. entity identified ini item 41 toi influence the covered Federal action, Middlel Initial (MI). 11. The certifying official shall sign and date thet form, print his/her name, title, and telephone number. According to thel PaperworkReduction/ Act, as amended,no; persons arer requiredt tor respond to a collection ofi information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection ofi information is estimated to average 10 minutes per response, including time for reviewingi instructions, searching existing data sources, gathering and maintaining the datal needed, and completing and reviewing the collection ofi information. Send comments regarding the burden estimate or any other aspect oft this collection ofl information, including suggestions for reducing this burden, tot the Office of Managementand Budget, Paperwork Reduction! Project (0348-0046), Washington, DC 20503. Exhibit M01 Page 3of3 FHWA-1273- -Revised October: 23, 2023 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS performed ont the contract by the contractor's own organization and with the assistance ofv workers under the contractor's immediate superintendence: andi to allv work performed ont the contract by piecework, station work, or by subcontract. 23 3. Ab breach of any oft the stipulations contained int these Required Contract Provisions may bes sufficient grounds for withholding ofp progress payments, withholding off final payment, termination oft the contract, suspension/ debarment or any other action determined tol be appropriate byt the contracting agency and FHWA. 4. Selection ofl Labor: During the performance oft this contract, the contractor shall not use convict labor for any purpose withint the limits ofa ac construction project on al Federal-aid highway unless itisl labor performed by convicts who are on parole, supervisedr release, or probation. 23U.S.C.1 114(b). Thet term Federal-aid highway does not include roadways functionally classified asl local roads orr rural minor collectors. II. NONDISCRIMINATION: (23 CFR: 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions oft this section related to 23 CFRI Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and1 to allr related construction subcontracts of$10,000 or more. The provisions of23CFR architectural service contracts. Ina addition, the contractor and alls subcontractors must comply with thet following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 oft the! Rehabilitation. Act of 1973, as amended (29 U.S.C.794), Title) VI oft the Civil Rights Act of1 1964, as amended (42 U.S.C. 2000d ets seq.). and related regulations including 49 CFRI Parts 21,26, and: 27; and: 23 CFRI Parts 200, 230, ande 633. requirements oft the Equal Opportunity Clausei in41 CFR 60- 1.4(b) and, for all construction contracts exceeding: $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR6 60-4.3. policies oft the Secretary of Labori including 41 CFR Part 60, and: 29 CFRI Parts 1625-1627. The contracting agency and the FHWAI have the authority and the responsibility toe ensure compliance with 23 U.S.C. 140, Section 504 oft the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI oft the Civil Rights Acto of 1964, as amended (42 U.S.C. 21, 26, and 27; and 23 CFRI Parts 200, 230, and 633. The following provisioni is adopted from 23 CFRF Part: 230, Subpart A, Appendix A, with appropriate revisions to conform tot the U.S. Department ofL Labor (US DOL) and FHWA General . Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon: and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean/ Air Act and Federal Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI, Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States-Flag Vessels: ATTACHMENTS CFR 633.102(d). A.E Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) 1.Form FHWA-1273 must bep physically incorporated! ine each construction contract funded undert title 23, United States Code, as required in 23 CFR 633.102(b) (excluding contractor (or subcontractor) must insert this form ine each subcontract andi further require its inclusion in alll lower tier subcontracts (excluding purchase orders, rental agreements and othera agreements for supplies ors services). 23CFR The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor: shall be responsible for compliance by any Form FHWA-1273 must bei included in allF Federal-aid design- build contracts, ina alls subcontracts andi inl lowert tier subcontracts (excluding subcontracts for design services, design-builder shall ber responsible for compliance by any subcontractor, lower-tier subcontractor ors service provider. Contracting agencies may reference! Form FHWA-1273 in solicitation-for-bids orr requestor-proposals documents, however, the Form FHWA-1273 must bep physically lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFRE 633.102(b). 2. Subject tot the applicability criteriar noted int thei following sections, these contract provisions shall applyt to ally work 23U.S.C. 101(a). GENERAL emergency contracts solelyi intended for debris removal). The Part 230 are not applicable tor material supply, engineering, or 633.102(e). subcontractor, lower-tiers subcontractor ors service provider. 23 The contractor and all subcontractors must comply with: the CFR6 633.102(e). purchase orders, rental agreements and other agreements for Note: The U.S. Department ofL Labor has exclusive authority to supplies ors services) ina accordance with: 23 CFR 633.102. The determine compliance with Executive Order 11246 and the incorporated (notr referenced)! in allo contracts, subcontracts and 2000d ets seq.), and related regulations including 49 CFR Parts requirements. 1 1.E Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate andt to take affirmative action to assure equal opportunity as setf forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFRI Parts 1625-1627, 41 CFR Part 60a and 490 CFRI Part: 27) and orders of the Secretary of Labor as modified by thep provisions prescribed herein, and imposed pursuant to2 23U.S.C. 140, shall constitutei the EEO and specific affirmative: actions standards for the contractor's projecta activities under this contract. The provisions oft the Americans with Disabilities Act of1 1990 (42 U.S.C. 12101 et seq.)s set forth under: 28 CFRI Part 35 and: 29 CFRI Part 1630 arei incorporated by reference inf this contract. Int the execution oft this contract, the contractor agrees to comply with the following minimum specific requirement: activities ofE EEO: a. The contractor will work withi the contracting agency and the Federal Government toe ensure thati it has made every ofit itst terms and conditions ofe employment andi int their review ofa activities under the contract. 23 CFR: 230.409 (g)(4)&( (5). b. The contractor will accept asi its operating policyt the "Iltis the policy oft this Company to assure that applicants are employed, andi thate employees are treated during employment, withoutr regard tot their race, religion, sex, ord disability. Such actions shalli include: employment, upgrading, demotion, ort transfer; recruitment or recruitment advertising; layoff ort termination; rates ofp pay or other forms ofc compensation; and selection fort training, including apprenticeship, pre-apprenticeship, and/or on-the-job 2. EEO Officer: The contractor will designate andi make the responsibility fora and must be capable ofe effectively must be assigned adequate authority and responsibility to do 3. Dissemination of Policy: All members oft the contractor's staff who are authorized tol hire, supervise, promote, and discharge employees, or who recommend: such action ora are substantially involved ins such action, will ber made fully cognizant ofa and willi implement the contractor's EEO policy and contractual responsibilities top provide EEOi in each grade and classification ofe employment. To ensure that the above a. Periodic meetings ofs supervisory and personnel office employees willl bec conducted before the start ofv work and then not less oftent than once everys six months, at which time the contractor's EEO policy andi itsi implementation will be reviewed ande explained. The meetings will be conducted! by the EEO Officer or other knowledgeable company official. given at thoroughi indoctrination by thel EEO Officer, covering all major aspects oft the contractor's EEO obligations within C. All personnel who are engagedi in direct recruitment: for the project willl bei instructed! byt thel EEO Officeri in the contractor's procedures forl locating and hiringr minorities and d. Notices and posters settingf forth the contractor's EEO policy will be placedi ina areas readily accessible to employees, applicants for employment: and potential employees. e. The contractor's EEO policy and1 the procedures to implement such policy will be broughtt tot the attention of employees by means ofr meetings, employeel handbooks, or 4. Recruitment: When advertising for employees, the contractor willi includei ina alla advertisements for employees the notation: "An Equal Opportunity Employer." Alls such advertisements will be placed in publications havinga al large circulation among minorities and womeni in the area from which thep project work force would normally be derived. a. The contractor will, unless precluded byay valid bargaining agreement, conducts systematic and direct sources likelyt toy yleld qualified minorities and women. To meet this requirement, the contractor willi identify sources of potential minority groupe employees and establish with such identified sources procedures whereby minority andy women applicants may be referred tot the contractor for employment b. Int the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the agreement tot the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation ofs such ana agreement has the effectof discriminating: against minorities orv women, or obligates the contractor1 to dot the same, such implementation violates Federal nondiscrimination: provisions, C. The contractor will encourage its presente employees to Information and procedures with regard tor referring such 5. Personnel. Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions ofe everyt type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regardt tor race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall bei followed: a. The contractor will conduct periodic inspections ofp project do noti indicate discriminatory treatment ofp project site b, The contractor will periodically evaluate the spread of wages paidy within each classifiçation to determine any evidence of discriminatory wagep practices. C. The contractor will periodically reviews selected personnel actions inc deptht to determine whether there is evidence of promptly take corrective: action. Ifth the reviewi indicates that the discrimination: may extend beyond the actions reviewed, such d. The contractor will promptlyi investigate all complaints of alleged discrimination made tot the contractor inc connection with its obligations under this contract, willa attempt to resolve such complaints, and will take appropriate corrective action other appropriate means. goodf faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral following statement: consideration. sexual orientation, genderi identity, color, national origin, age contractor is expected to observe the provisions oft that training." known tot the contracting officers an EEO Officer who will have refer minorities and women as appliçants for employment. administering and promoting an active EEO program and who appliçants will be discussed with employees. sO. agreement" will ber met, thei following actions willl bet taken asa a sites to ensure that working conditions and employee facilities minimum: personnel. b. Allr news supervisory orp personnel office employees will be discrimination. Where evidence ist found, the contractor will thirly daysf following their reporting for duty with the contractor. corrective action shall include alla affected persons. women, 2 within ar reasonable time. Ifthei investigation indicates that the sufficient referrals (event thoughi itis obligated top provide such corrective action shall include such otherp persons. Upon agreement) does not relieve the contractor from the discrimination may affect persons other than the complainant, completion ofe each investigation, the contractor willi inform every complainant ofa all oft their avenues ofa appeal. 6.Training and Promotion: a. The contractor will assisti in locating, qualifying, and increasing the skills ofr minorities and women who are should be aimed ato developingi full journey level status employees int thet type oft trade orj job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor: shall make full use oft training programs (i.e., apprenticeship and on-the-jobt training programs fort the geographical area of contract performance). Int the eventa a special provision for training isp provided under this contract, this subparagraph: will bes superseded asi indicated int the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance ina accordance with 23U.S.C.1 140(a). C. The contractor will advise employees and applicants for employment ofa available training programs and entrance requirements fore each. d. The contractor will periodically reviewt thet training and promotion potential of employees who are minorities and women and will encourage eligible employees to applyf for such training and promotion. 7.Unions: Ift the contractor reliesi inv whole ori inp part upon unions as a source ofe employees, the contractor will use good faith efforts to obtain the cooperation ofs such unions to increase opportunities for minorities and women. 23 CFR contractor's association acting as agent, willi include the a. The contractor will use goodf faith effortst to develop, in cooperation with the unions, joint training programs aimed toward qualifying morer minorities and women for membership sot thatt theyr may qualify for higher payinge employment. EEO clausei into each union agreement tot the end that such union willl be contractually bound tor refer applicants without regard tot their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. C. The contractori is to obtaini information ast tot the referral practices and policies oft thel labor unione except that tot the extent such information is within the exclusive possession of the labor union and such! labor union refuses tof furnish such information tot the contractor, the contractor shall so certify to the contracting agency and shall setf forth what efforts have been madet to obtain suchi information. d. Int the event the union is unable to provide the contractor int the collective bargaining agreement, the contractor will, throughi independent recruitment efforts, fillt the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making fulle efforts to obtain qualified and/or qualifiable minorities and women. Thef failure ofa uniont to provide exclusive referrals under thet terms ofa collective bargaining requirements oft this paragraph. Int the event the union referral practice prevents the contractori from meeting the obligations pursuantt to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the 8. Reasonable Accommodation: for Applicants/! with the requirements for and comply with the Americans with Disabilities Act anda allr rules andi regulations established thereunder. Employers must provide reasonable accommodation in all employment: activities unless to dos so would cause an undue hardship. 9.Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate ont the grounds ofr race, color, religion, sex, sexual orientation, genderi identity, national origin, age, or disability in the selection and retention ofs subcontractors, including procurement of materials and leases ofe equipment, The contractor: shall take all necessary: and reasonable steps to ensure nondiscrimination! int the administration oft this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors oft their EEO obligations under this b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT's FHWA-approved Disadvantaged Business Enterprise b. The contractor, subrecipient or subcontractor shall not discriminate ont the basis ofr race, color, national origin, or sex int the performance oft this contract. The contractor shall carry out applicable requirements of 49 CFR part: 26i int the award and administration of DOT-assisted contracts. Failure byt the oft this contract, which may resulti int the termination oft this contract or such otherr remedy ast the recipient deems (1)) Withholding monthly progress payments; (2) Assessing sanctions; (3)Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non- responsible. C. The Title VIa and nondiscrimination provisions ofU.S. DOT Order 1050.2A at Appendixes Aa and E arei incorporated byr reference. 490 CFRF Part21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Suchr records shall be retained1 fora a period of three years following the date oft the final payment tot the contractor for all contract work ands shall be available at representatives oft the contracting agency and the FHWA. a. The records kept! by the contractor shall document the contracting agency. applicants for employment or current employees. Suche efforts Employees with Disabilities: The contractor must bef familiar contract. 230.409. Actions by the contractor, either directly ort through a (DBE) program arei incorporated by reference. procedures set forth below: int the unions andi increasing the skills ofr minorities and women contractor to carry outt these requirements is ar material breach b. The contractor will use good faith efforts toi incorporate an appropriate, which may include, buti is not limitedt to: with a reasonable flow ofr referrals withint the timel limit set forth reasonable times and places for inspection by authorized following: 3 (1) Ther number and work hours ofr minority and non- minority group members and women employed ine eachy work (2)1 The progress and efforts being madei inc cooperation with unions, when applicable, toi increase employment opportunities for minorities and women; and (3) The progress and efforts being made inl locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit ana annual reportt tot the contracting agency each. July fort the duration of minority group employees currently engagedi ine each work classification required byt the contract work. This informationi is representt the project work force on boardi ina all ora any part of the last payroll period preceding the end ofJ July. Ifon-the-job trainingi is being required bys special provision, the contractor will be requiredt to collect and report training data. The all ora any part oft thel last payroll period precedingt the end of Projects funded under 23 U.S.C.117, and! National Highway Freight Program projects funded under 23 U.S.C. 167. Thef following provisions aref from the U.S. Department of Labor regulations in 29 CFR5 5.5' "Contractp provisions and related matters" with minor revisions to conform tot the FHWA- 1273 format and FHWAp program requirements. 1. Minimum wages (29 CFR5.5) a. Wage rates andi fringe benefits. AllI laborers and mechanics employed or working upont thes site oft the work (or project under a development: statute), will be without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued byt the Secretary ofl Labor under the Copeland Act (29 CFR part 3), thef full amount ofb basich hourly thereof) due att time of payment computed: atr rates notl less than those containedi in the wage determination oft the Secretary ofL Labor which is attached hereto and made a part hereof, regardless ofa any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided inp paragraphs (d) and (e)of29 CFR 5.5, the appropriate wage determinations are effective by operation ofl law even ift theyl have not been attached tot the contract. Contributions made or costs reasonably anticipated forb bona fide fringe! benefits undert the Davis-Bacon. Act (40 U.S.C.314112MB) on behalf of! laborers orr mechanics are considered wages paid to such laborers or mechanics, subject to the provisions ofp paragraph 1.e. oft this section; also, regular contributions made or costs incurred for more than a weekly period (but notl less often than quarterly) under plans, funds, or deemed tol be constructively made ori incurred durings such weekly period. Such laborers andi mechanics must be paidt the appropriate wager rate andi fringe benefits ont the wage performed, withoutr regard tos skill, except as providedi in paragraph 4.0 oft this section. Laborers or mechanics performing work inr morei than one classification may be compensated: at the rate specified for each classification for thet time actually worked therein: Provided, That thee employer's payroll records which work is performed. The wage determination (including any additional classifications andy wage rates conformed under paragraph 1.c. oft this section) and the Davis-Bacon poster (WH-1321)r must! be posted at allt times by the contractor and its subcontractors att the site oft the work ina a prominent and accessible place wherei it can bee easily seen! byt the workers. b. Frequently recurring classifications. (1) Ina addition tov andi fringe benefitr rates that have been determined tob be wage prevailing under the procedures seti forth in wage determination may contain, pursuant 29CFRparti,a to $1 1.3(). and1 fringe benefit rates for classifications ofl laborers and wage mechanics for which conformance requests are submitted pursuant top paragraph 1.c. oft this section, provided ()1 The work performed byt the classification isr not performed by a classification int the wage determinationi for which a prevailing wager rate has been determined; classification ont the project; the projecti indicating ther number ofr minority, women, andi non- otherwise working in construction or development oft the tob ber reported on! Form FHWA-1391. The staffing data should unconditionally: andi notl less often than once a week, and employment data should reflect the work force on board during wages and! bonai fidet fringe benefits (or cash equivalents paid July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to allr related construction subcontracts ofr more than $10,000. 41 CFR6 60-1.5. Asp prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided fore employees are provided ins sucha manner that segregation on the basis of race, color, religion, sex, sexual orientation, genderi identity, or national origin cannot result. The contractor may neither require such by employee custom. The contractor's obligation extends further to ensure that its employees arer nota assigned to perform their services ata any location under the contractor's includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and others storage or dressing areas, parkingl lots, drinking fountains, recreation ore entertainment: areas, transportation, and housing provided fore employees. The necessary dressing or sleeping areas to assure privacy IV. DAVIS-BACON. AND RELATED. ACT PROVISIONS This sectioni is applicable to all Federal-aid construction projects exceeding $2,000 and to allr related subcontracts and lower-tier subcontracts (regardless ofs subcontract: size), in accordance with 29 CFR5.5. Ther requirements applyt to all projects located within the right-of-way ofar roadway thati is functionally classifieda as Federal-aid highway. 23 U.S.C.113. This excludes roadways functionally classified asl local roads orr rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects bet treated as a project ona a Federal-aid! highway, the provisions oft this subpart will applyr regardless oft the location oft the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 (excluding recreational trails projects), the Nationally Signiicant Freight and! Highway segregated use by written or oral policies nor tolerate such use programs which cover the particular weekly period, are control where thei facilities are segregated. The term' "facilities" determination for the classification(s) of work actually. contractor: shall provide separate ors single-user restrooms and accuratelys set forth thet time spenti ine each classification in between sexes. regularly that: (i) The classification is usedi int the areal byt the construction! industry; and (i) The wager rate for the classification bears a relationship tot the prevailing wager rates contained int the wage determination. (2) The Administrator will establish wage rates fors such classifications ina accordance with paragraph 1.c.(1)(li) oft this section. Work performed ins such a classification must be paid atr nol less than the wage and fringe benefit ratel listed ont the wage determination for such classification. any class ofl laborers or mechanics, including! helpers, whichi is equivalent thereof. notl listed int the wage determination: and whichi ist tob be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when thet following criteria! have been met: ()7 The work tob be performed byt the classification requested is not performed by a classifiçation int thev wage determination; and () The classification is used int the area by the construction industry; and benefits, bears a reasonable relationship tot the wager rates contained int the wage determination. (2) The conformance process may not be used tos split, subdivide, ord otherwise avoid application of classifications listedi int the wage determination. (3)lft the contractor and the laborers and mechanics to be employed int the classification (if known), ort their representatives, and the contracting offiçer agree ont the classification. and wager rate (including the amount designated forf fringe benefits where appropriate), al report oft the action taken willl bes sent by the contracting officer by email to DBAcnbomeneadaice The Administrator, ora an authorizedi representative, will approve, modify, or disapprove every additional classification action within 30 days ofr receipt and so adviset the contracting officer orv will notifyt the (4)1 Int the eventt the contractor, the laborers or mechanics to bee employed int the classification or their representatives, and the contracting officer do not agree on the proposed classification and wager rate (including the amount designated forf fringe! benefits, where appropriate), the contracting officer will, by emailt to BAcanlemancendsok refer the questions, including the views of alli interested parties and the for determination. The Administrator, or ana authorized representative, willi issue a determination within 30 days of receipt and so advise the contracting officer or will notifyt the (5)7 The contracting officerr must promptly notify the contractor oft the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) oft this section. The contractor mustf furnisha av written copy of such determination to each affected worker ori itr must be posted as a part oft the wage appropriate) determined pursuant to paragraph 1.c.(3) or (4)of this section must be paidt to allv workers performing work int the classification under this contract from the first day onv which work is performed int the classification. d. Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribedi int the contract fora a class ofl laborers or mechanics includes af fringe! benefit which is note expressed as an! hourly rate, the contractor may either pay the! benefit as statedi int the wage determination or e. Unfunded plans. Ifthe contractor does not make payments to a trustee or other third person, the contractor may consider as part oft the wages ofa any laborer orr mechanici the amount ofa any costs reasonably anticipated inp providing bona fide fringe benefits under a plan or program, Provided, That the Secretary ofl Laborh has found, upont the written request of the contractor, ina accordance with the criteria set forthi in $5.28, that the applicable standards oft the Davis-Bacon. Act have been met. The Secretary ofl Labor may requiret the contractor tos set asidei ina a separate account assets for the meeting of obligations under the plan orp program. f. Interest. Int the evento ofaf failure top pay all or part oft the top pay interest on any underpayment of wages. 2. Withholding (29 CFR5.5) reasonable determination. The wage rate (including fringe benefits where c. Conformance. (1)7 The contracting officer must require that may pay another bona fide fringe benefit ora an! hourly cash (ii) Thep proposed wage rate, including any bona fide fringe wages required by the contract, the contractor willl be required a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request ofa an authorized representative oft the Department ofL Labor, withhold ord cause to be withheld fromi the contractor: so much oft the accrued payments or advances as may! be considered necessary to satisfy the liabilities oft the prime contractor or any subcontractor for the full amount ofv wages and monetary relief, includingi interest, required by the clauses seti forthi ini this section for violations oft this contract, ort to satisfy any such liabilities required by any other Federal contract, orf federally assisted contracts subject to Davis-Bacon labor standards, that is held by the same prime contractor (as definedi in $5.2). The necessary funds may be withheld from the contractor under contractor, or any other federally assisted contract thatis subject to! Davis-Bacon labor standards requirements andi is held by thes same prime contractor, regardless ofv whether the other contract was awarded or assisted by the same agency, and such funds may be used tos satisfy the contractor liability for whicht the funds were withheld. Ini the event ofa contractor's failuret top pay any! laborer orr mechanic, including any apprentice or helper working ont the site oft thev work allo or part oft the wages required byt the contract, or upont the inp paragraph 3.d. oft this section, the contracting agency: may oni its own initiative and after written notice tot the contractor, take such action as may ber necessary to cause the funds until such violations have ceased. b. Priority tov withheld funds. The Department has priority to funds withheld ort to be withheld in accordance with! paragraph contracting officer within the: 30-day period that additional time this contract, any other Federal contract with the same prime isr necessary. recommendation oft the contracting officer, to the Administrator contractor's faiuret tos submit the required records as discussed contracting officer withint the 30-day period thata additional time suspension of anyf further payment, advance, org guarantee of is necessary. 5 2.a. oft this section or Section V, paragraph 3.a., or both, over (1)A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency fori its reprocurement costs; (3)At trustee(s) (either a court-appointed trustee or a U.S. agency. The prime contractor is responsible fort the submission ofa all certifiedp payrolils by alls subcontractors. A contracting agency orp prime contractor may permit or require contractors tos submit certified payrolls through ane electronic system, as long ast the electronic system requires al legally valid electronic signature; the system allows the contractor, the contracting agency, andt the Department ofL Labort to access the certified payrolls upon request for at least 3 years aftert thev work ont the prime contract has been completed; and the contracting agency orp prime contractor permits other methods of submission ins situations where the contractor is unable or (2) Information. required. The certified payrolls submitted must set outa accurately and completely allo ofti thei information required tob be maintained under paragraph 3.a.(2) oft this section, exceptt that full Social Security numbers and last known addresses, telephone numbers, and emaila addresses mustr not bei included on weekly transmittals. Instead, the certified payrolls need onlyi include ani individually identifying number for each worker( (e.g., the last four digits oft the worker's Social Security number). The required weekly certified payroll information may bes submitted using Optional Form WH-347 ori ina any other format desired. Optional Form WH-347 is availablet fort this purpose from the Wage and Hour Division website at/ htps/mwdolgovalesdohofiesHD egacylleswn34/pd!; ori its successor website. Itisr nota a subcontractor top provide full Social Security numbers andl last known addresses, telephone numbers, ande email addresses to the prime contractor fori its own records, without weekly submission byt the subcontractor tot the contracting agency. (3) Statement of Compliance. Each certified payroll submitted must be accompanied by a' "Statement of Compliance," signed byt the contractor ors subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment oft the persons working on the contract, andi must ()T That the certified payroll for the payroll period contains the information required tot be provided under paragraph 3.b. oft this section, the appropriate information andl basicr records are beingr maintained under paragraph 3.a. oft this section, and suchi information and records are correct and complete; () That each laborer or mechanic (including each helper and apprentice) working ont the contract duringt the payroll period has been paidt thet full weekly wages earned, without rebate, either directly ori indirectly, and that no deductions have been made either directly or indirectly from thei full wages eamed, othert than permissible deductions as set (ii) That each laborer or mechanic has been paid not less than the applicable wage rates andi fringe benefits or cash equivalents for the classification(s) ofv work actually performed, as specified in the applicable wage determination incorporated into the contract. (4) Use of Optional Form! WH-347. The weeklys submission ofap properly executed certification set forth ont ther reverse side of Optional Form WH-347 wills satisfyt the requirement for submission oft the "Statement of Compliance" required by paragraph 3.b.(3)0 oft this section. claims tot those funds by: trustee, or both) in bankruptcy ofac contractor, ora a contractor's limitedi in its ability tou use ora access the electronic system. bankruptcy estate; (4)A contractor's assignee(s); (5) A contractor's successor(s); or U.S.C.3901-3907. (6)Ad claim asserted under the Prompt Payment Act, 31 3.R Records and certified payrolls (29 CFR5.5) a. Basic record requirements (1) Length ofrecord retention. Allr regular payrolls and other basic records must! be course oft the work andp preserved for alll laborers and mechanics working at the site oft the work (or otherwise workingi in construction or development oft the project undera development: statute) for a period of atl least 3y years after all the work ont the prime contracti is completed. (2) Information. required. Such records must contain the name; Social Security number; last known address, telephone number, and email address ofe each such worker; each worker's correct classification(s) ofv work actually performed; hourlyr rates ofv wages paid (including rates of contributions or costs anticipatedf for bonaf fide fringe benefits or cash equivalents thereof oft the types describedi in 40U.S.C. 3141(2)(B) oft the Davis-Bacon. Act); daily and weeklyr number ofH hours actually worked int total and on each covered contract; deductions made; and actual wages paid. (3) Additional records relating tof fringe benefits. Whenever the Secretary ofL Labor has found under paragraph 1.e. oft this sectiont thatt thev wages ofa any! laborer orr mechanic include the amount ofa any costs reasonably: anticipatedi in providing benefits undera a plan or program described in 40U.S.C. 3141(2)B) oft the Davis-Bacon. Act, the contractor must maintain records whichs show that the commitment top provide such benefits is enforceable, that the plan orp programi is financially responsible, and that the plan or program has been communicated inv writing tot the laborers or mechanics affected, and records which showt the costs anticipated ort the actual cost incurred inj providing such benefits. (4)A Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence oft the registration ofa apprenticeship programs, ther registration oft the apprentices, and the ratios and wage rates prescribedi int the applicable programs. b. Certified payroll requirements (1) Frequency and method ofs submission. The contractor or subcontractor musts submit weekly, fore each weeki in which any! DBA- or Related Acts- covered worki isp performed, certifiedp payrolls tot the contracting maintained by the contractor and anys subcontractor duringt the violation oft this sectionf for a prime contractori tor requirea certify the following: forthi in 29 CFR part 3: and 6 (5) Signature. Thes signature by the contractor, subcontractor, ort the contractor's ors subcontractor's agent must be and original handwritten signature oral legally valid (6) Falsification. The falsification of any oft the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C.1001 and 31 (7)Length of certified payroll retention. The contractor or subcontractor must preserve allo certified payrolls during the ont the prime contracti is completed. C. Contracts, subcontracts, and related documents. The contractor ors subcontractor mustr maintain this contract or subcontract. and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor ors subcontractor must preserve these contracts, subcontracts, and related documents during the course oft the work and fora a period of3y years after allt the work ont the prime contract is completed. d. Required disclosures anda access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. oft this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department ofl Labor deems necessary: to determine compliance with thel labor standards provisions of inspection, copying, ort transcription by authorized representatives oft the contracting agency, the State DOT, the FHWA, ort the Department ofl Labor, and must permit such representatives toi interview workers during working! hours on (2) Sanctions for non-complance with records and worker submit the required reçords ort to maket them available, or refuses top permit worker interviews duringy working) hours on thej job, the Federal agency may, after written notice tot the contractor, sponsor, applicant, owner, or other entity, ast the case may be, that maintains such records ort thate employs offunds. Furthermore, failuret tos submit the required records upon request ort tor make such records available, ort top permit workeri interviews duringy working hours ont thej job, may be grounds for debarment: action pursuant to $5.12. In addition, any contractor or other person that fails tos submit the required records or make thoser records available to WHD within the time WHD requests that ther records be produced will be precluded from introducing as evidencei in ana administrative proceeding under 29CFR part 6 any oft the required records that were not provided or made available to WHD. WHDV will takei into consideration ar reasonable requestf from the contractor or person for ane extension oft thet time for submission ofr records. WHD will determine the things, the location oft the records andt the volume of (3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address ofe eacho covered worker, and must provide them upon request tot the contracting agency, the State DOT, the FHWA, the contractor, ort the' Wage and! Hour Division oft the Department ofLabori for purposes ofa ani investigation or other compliance 4.A Apprentices and equal employment opportunity (29 CFR a.A Apprentices (1) Rate of pay. Apprentices willl be permitted tov work atl less than thep predetermined rate for the work they perform whent they are employed pursuantt toa andi individually with the U.S. Department ofLabor, Employment: and Training Administration, Office of Apprenticeship (OA), orv with a State Apprenticeship Agency recognized! by the OA. Ap person whoi is not individually registered int the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate)! to be eligiblet forp probationary employment: as an apprentice, will be permitted tov work atl less than the predetermined rate for the work they perform int thet first 90 days of probationary employment: as an apprentice ins sucha program. Int the event the OA ora State Apprenticeship Agency recognized by the OA withdraws approval ofa an apprenticeship program, the contractor will no longer be permitted to use apprentices atl less than the applicable predetermined rate for the work performed until ana acceptable (2) Fringe benefits. Apprentices must be paid fringe benefits ina accordance with the provisions oft the apprenticeship program. Ifthe apprenticeship program does not specify fringe benefits listed ont the wage determination: for the applicable classification. Ift the Administrator determines thata ac different practice prevails for the applicable apprentice classification, fringe benefits must be paid ina accordance with that (3) Apprenticeship ratio. The allowable ratio of apprentices to not be greater than the ratio permitted tot the contractor as to the entire work force undert ther registered program ort the ratio applicable tot the locality oft the project pursuant top paragraph 4.a.(4)oft this section. Any worker listed ona a payroll ata an apprentice wage rate, whoi is not registered or otherwise determination for the classification of work actually! performed. Ina addition, any apprentice performing work ont the job site in excess oft the ratio permitted under this section must be! paid notl less than the applicable wager rate ont the wage determinationt for the work actually performed. (4) Reciprocity of ratios and wage rates. Where a contractor isp performing construction on a projecti in a locality other than thel locality in whichi its program is registered, the ratios and wager rates (expressed inj percentages oft thej journeyworker's hourly rate) applicable within the locality inv which the construction is being performed must be observed. Iftherei is the ratio and wage rate specifiedi in the contractor's registered b. Equale employment opportunity. The use of apprentices andj journeyworkers under this partr must bei in conformity' with electronic: signature. U.S.C.3729. action. 5.5) course oft the work andf for a period of3y years after allt the work registeredi ina al bona fide apprenticeship program registered program is approved. any oft the applicable statutes referenced by $5.1, available for benefits, apprentices must bep paid the fulla amount off fringe thej job. determination. access requirements. Ifthe contractor or subcontractor fails to journeyworkers ont thej job site in any craft classification must such workers, take such action as may ber necessary to cause employed as statedi inj paragraph 4.a.(1)oft this section, must thes suspension of anyf further payment, advance, or guarantee bep paid notl less thani the applicable wage rate ont the wage reasonableness oft the request and may consider, among other no applicable ratio or wager rate fort the locality oft the project, production. program must be observed. 7 the equale employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part30. C. Apprentices and" Trainees (programs oft the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified byt the Secretary of Transportation: as promoting! EEOI inc connection with Federal-aid highway construction programs are not subjectt tot the requirements ofp paragraph 40 oft this Section IV. apprentices andt trainees unders such programs willl be established by the particular programs. The ratio of apprentices andt trainees toj journeyworkers shall not! be greater than permitted by the terms oft the particular program. 5. Compliance with Copeland. Act requirements. The contractor: shall comply with the requirements of2 29 CFR part 3, which arei incorporated by reference! int this contract as FHWA-12731 ina any subcontracts, alongy with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors toir include these clauses and wage determination(s) ina any lowert tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor orl lowert tier subcontractor with allt the contract clauses int this section. In the event of any violations oft these clauses, the prime contractor and anys subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest ofl lower-tier subcontractors, and may bes subject toc debarment, ACT 7. Contract termination: debarment. Abreach oft the oft the contract, andi for debarment: as a contractor anda subcontractor as provided in 29 CFR5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings andi nterpretations oft the Davis- Bacon: and Related Acts contained in: 29 CFR parts 1,3, and5 5 arel hereini incorporated by referencei int this contract as 9. Disputes concerning labors standards. As provided in 29 oft this contract shall not bes subjectt tot the general disputes clause oft this contract. Sucho disputes shall ber resolved in accordance with the procedures oft the Department ofL Labor set forthi in: 29 CFR parts 5,6 6, and7. Disputes within the meaning oft this clausei include disputes between the contractor 5.5. (or any ofi its subcontractors). and the contracting agency, the U.S. Department ofLabor, ort the employees ort their the contractor certifies that neither itr nor any person ort firm whol has ani interesti in1 the contractor's firm is a person orf firm ineligible to be awarded Government contracts by virtue of40 b. Nop part oft this contract shall bes subcontracted to any person or firmi ineligible for award ofa Government contract by virtue of 40 U.S.C.3144b) or$5.12(a). c. The penalty for makingf false statements is prescribed in the U.S. Code," Title 18 Crimes and Criminal Procedure, 18 11. Anti-retaliation. Itis unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, ori ina any otherr manner discriminate against, any worker orj job applicant for: a. Notifying any contractor ofa any conduct which the worker reasonably believes constitutes av violation oft the DBA, Related Acts, this part, or 29CFR part1or3; b. Filing any complaint, initiating or causing to bei initiated any proceeding, or otherwise asserting ors seeking to assert on DBA, Related. Acts, this part, or 29 CFRpart1 or3; c. Cooperating in any investigation or other compliance action, ort testifyingi in any proceeding under the! DBA, Related Acts, this part, or 29CFRparti or3;or d.I Informing any other person about their rights undert the DBA, Related Acts, this part, or 29CFR, part1o or3. U.S.C.1001. 23 CFR: 230.111(e)(2)." The straightt time hourly wager rates for orina any other manner discriminate against, or too cause any provided in 290 CFR5.5. 6. Subcontracts. The contractor ors subcontractor must insert behalfo oft themselves or others any right orp protection undert the from the date oft the underpayment or loss, due to any workers V. CONTRACT WORKI HOURS AND SAFETY STANDARDS contract clauses in 290 CFR 5.5 mayl be grounds fori termination Federal-aid construction contracti in an amount in excess of as appropriate. 29 CFR5 5.5. Pursuant to 29 CFR5.5(b), thet following clauses applyt to any $100,000 and subject tot the overtime provisions oft the Contract Work Hours and Safety Standards Act. These clauses shall! bei insertedi ina addition tot the clauses required by 29 CFR 5.5(a) or 290 CFR4.6. As used int this paragraph, the terms laborers and mechanics include watchpersons and 1.Overtime requirements. No contractor ors subcontractor contracting for any part oft the contract work which may require ori involve the employment ofl laborers orr mechanics shall require or permit any such laborer or mechanic in any worki ine excess off forty hours ins such workweek unless such laborer ori mechanic receives compensation atar rate notl less than one and one-half times the basic rate ofp payf for all hours workedi ine excess off forty hours ins such workweek. 290 CFR 2. Violation; liability for unpaid wages; liquidated damages. Int the event of any violation oft the clause set forth inp paragraph 1.oft this section the contractor: and any unpaid wages and interest from the date oft the underpayment. Ina addition, such contractor: and subcontractor: shall bel liable to the United States (int the case ofv work done under contract for the! District of Columbia ora a territory, tos such Districto ort tos such territory). for liquidated damages. Such liquidated damages shall be computed with respect to eachi individual laborer or guards. provided in: 29 CFR5.5. CFR5 5.5, disputes arising out oft the labor standards provisions workweek inv which! he ors she is employed ons such workt to representatives. 10. Certification ofe eligibility. a. By enteringi into this contract, subcontractor responsible therefor shall bel liable fort the U.S.C.3144b) or55.12(a). 8 mechanic, including watchpersons and guards, employed in violation oft the clause setf forthi inp paragraph 1. oft this section, int thes sum currently providedi in 29 CFR 5.5(b)(2)* for each calendar day on whichs such individual was required or permittedt tov work ine excess of the: standard workweek off forty hours without payment oft the overtime wages required by the clause seti forth inp paragraph 1. oft this section. the Federal Civil Penalties Inflation. Adjustment Act of 1990. 3.Withholding for unpaid wages and liquidated damages a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upony written request ofa an authorized representative oft the Department of Labor, withhold or cause tob bev withheld from the contractor so much oft the accrued payments or advances as may be consideredi necessary' to satisfy thel liabilities oft the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required byt the clauses set forthi int this section ont this contract, any other Federal contract with the same prime contractor, or any otherf federally assisted contract subject to byt the same prime contractor (as defined in55.2). The necessaryf funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, ora any other federally assisted contract thati is subjectt tot the Contract Work Hours and Safety Standards Act and is held! by thes same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used tos satisfy the contractor liability for which thet funds were withheld. b. Priority to withheldi funds. The Department has priority to funds withheld ort to be withheldi ina accordance with Section IV 635.116. paragraph 2.a. orp paragraph 3.a. oft this section, orb both, over (1)A contractor's surety(ies), including without performance bond sureties and payment bond sureties; (2)A A contracting agency fori its reprocurement costs; (3)At trustee(s) (either a court-appointed trustee oral U.S. trustee, or both) in bankruptcy ofa a contractor, ora a contractor's event of any violations oft these clauses, the prime contractor and any subcontractor(s) responsible will be liablet for any unpaid wages and monetary relief, including interestf from the date of the underpayment orl loss, due to any workers ofl lower- tier subcontractors, and associated liquidated damages and may bes subject to debarment, as appropriate. 5. Anti-retaliation. Itis unlawfuli fora any person to discharge, person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, ori in any otherr manner discriminate against, any worker orj job applicant for: a. Notifying any contractor ofa any conduct whicht the worker reasonably believes constitutes av violation oft the Contract Work Hours and Safety Standards Act (CWHSSA)orits implementing regulations int this part; b. Filing any complaint, initiating or causing tol bei initiated any proceeding, or otherwise asserting or seekingt to assert on behalf of themselves or others any right or protection under C. Cooperating in anyi investigation or other compliance d.I Informing any other person aboutt their rights under VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts ont the National Highway System pursuant to 23 CFR 1.T The contractor shall perform withi its own organization contract work amounting to not less than 30 percent (ora greater percentage ifs specified elsewhere int the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialtyi items may be performed bys subcontract: andt the amount of anys such specialty items performed may! be deducted1 fromt thet total original contract price before computing the amount of work required tob be performed byt the contractor's own organization a. The term perform work with its own organization" in paragraph 1 of Section) Vir refers tov workers employed or leased byt the prime contractor, and equipment owned or rented byt the prime contractor, with orv without operators. Such term does noti include employees or equipment ofa subcontractor orl lower tier subcontractor, agents of the prime contractor, or any other assignees. The term mayi include payments for the costs of hiring! leased employees from an employee leasing firmi meeting allr relevant Federal and State regulatory requirements. Leased employees may only be includedi int this term ifthe prime contractor meets allo oft the following conditions: (based onl longstanding interpretation) (1) the prime contractor maintains control overt the supervision oft the day-to-day activities oft thel leased (2) the prime contractor remains responsible fort the quality oft the work oft thel leased employees; *$31 as of January 15, 2023 (See 88 FR 88F FR2 2210) as may demote, intimidate, threaten, restrain, coerce, blacklist, harass, be adjusted annually by the Department ofL Labor, pursuant to ori ina any otherr manner discriminate against, ort toc cause any CWHSSA ort this part; part; or CWHSSAI ort this part. the Contract Work Hours and Safety Standards Actt that is held action, ort testifyingi in any proceeding under CWHSSA or this claims to those funds by: limitation (23 CFR 635.116). bankruptcy estate; (4) A contraçtor's assignee(s); (5)A contractor's successor(s); or US.C.3901-3907. (6)A claim asserted undert the Prompt Payment Act, 31 4,S Subcontracts. The contractor or subcontractor musti insert ina any subcontracts the clauses setf forthi inp paragraphs 1. through 5. oft this section and a clause requiring the subcontractors toi include these clauses ina any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor orl lowert tier subcontractor with the clauses set forth inp paragraphs 1.t through 5. In the employees; 9 (3)t the prime contractor retains all powert to accept or exclude individual employees from work ont the project; and the payment ofp predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b.' "Specialty Items" shall be construed tot be limitedt to work that requires highly specialized knowledge, abilities, or equipment not ordinarily availablei int the type of contracting organizations qualified and expected tot bid orp propose ont the contract as a whole andi ing general aret to bel limited tor minor components oft the overall contract. 23 CFR6 635.102. 2.F Pursuant to 23 CFR 635.116(a), the contract amount upon is computed includes the cost ofr material andi manufactured products which aret tol bep purchased orp produced by the contractor under the contract provisions. 3.F Pursuant to: 23 CFR 635.116(c), the contractor shall furnish ofa all construction operations (regardless ofv who performs the work)a and (b): such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessaryt to assure the 4. No portion of the contract shall be sublet, assigned or otherwise disposed ofe except with the written consent oft the contracting offiçer, ora authorized representative, and such consent when given shall not be construed tor relieve the contractor ofa any responsibility fort the fulfillment oft the contract, Written consenty will be given only after the contracting agency" has assured thate each subcontract is and requirements oft the prime contract. (based onl long- standing interpretation of2 23 CFR 635.116). 5. The 30-percent self-performance requirement ofp paragraph (1)isr not applicable to design-build contracts; however, requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to allF Federal-aid construction contracts and to allr related subcontracts. 1. Int the pertormance oft this contract the contractor: shall comply with all applicable Federal, State, andI local laws governing safety, health, and sanitation (23 CFRI Part 635). protective equipment and take any other needed actions asi it determines, or as the contracting officer may determine, tot be reasonably necessary top protect thel life and! healtho of employees on the job and thes safety oft the public and to protect property in connection with thep performance oft the work covered by the contract. 23 CFR 635.108. 2. Itis a condition of this contract, and shall ber made a condition ofe each subcontract, whicht the contractor enters into years or both." pursuant to this contract, thatt the contractor and any subcontractor shall not permit any employee, inp performance oft the contract, tov work ins surroundings or under conditions which are unsanitary, hazardous or dangerous tol his/her health ors safety, as determined under construction. safety and healths standards (29 CFRI Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 oft the 3. Pursuant to: 29 CFR 1926.3, itis a condition oft this contract that the Secretary ofl Labor or authorized representative thereof, shall have right ofe entry to any site of contract performance toi inspect ori investigate the matter of compliance with the construction safety and health standards and to carry outt the duties oft the Secretary under Section 107 oft the Contract' Work Hours and Safety Standards Act (40U.S.C. (4)t the prime contractor remains ultimately responsible for Contract' Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3704). PROJECTS which the requirements set forth inp paragraph (1)of Section) VI Vill. FALSE STATEMENTS CONCERNING HIGHWAY This provision is applicable to allF Federal-aid construction contracts andt to all related subcontracts. (a)a competent superintendent ors supervisor who is employed Inc order to assure! high quality and durable construction in byt the firm, has full authority to direct performance oft the work conformity with approved plans and specifications and al high ina accordance with the contract requirements, andi isi in charge degree ofr reliability ons statements andi representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, itis essential that all persons concerned with the project perform their functions as carefully, thoroughly, and! honestly as possible. Wilfulf falsification, distortion, or misrepresentation: with respect to any facts related to the projecti is a violation ofF Federal law. To prevent any misunderstanding regarding the seriousness oft these and similar acts, Form FHWA-1022 shall be posted one each Federal-aid highway project (23 CFRI Parte 635)i inc one orr more plaçes wherei itis readily availablei to allp persons concerned performance oft the contract. with the project: evidenced inv writing and thati it contains all pertinent provisions 180 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, ore employee oft the United States, ord ofa any State or Territory, ory whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, orf false report as tot the be used, ort the quantity or quality oft thev work performed ort to bep performed, or the costt thereof inc connection witht the submission ofp plans, maps, specifications, contracts, or costs ofo construction on any highway or related project submittedi for approval tot the Secretary of Transportation; or Whoever knowingly makes anyf false statement, false representation, false report orf false claim with respectt tot the character, quality, quantity, or cost ofa any work performed ort to bep performed, or materials furnished ort tob bet furnished, in connection with the construction ofa any highway or related Whoever knowingly makes anyf false statement or false representation as tor material facti in any statement, certificate, orr report submitted pursuant top provisions oft the Federal-aid Roads Act approved. July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under thist title ori imprisoned not more than 5 contracting agencies may establish their own sell-performance character, quality, quantity, or cost oft the material used or to The contractor: shall provide alls safeguards, safety devices and project approved by the Secretary ofl Transportation; or 10 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL. ACT (42U U.S.C. 7606;2 This provision is applicable to all Federal-aid construction contracts ine excess of $150,000 and to allr related subcontracts. 48 CFR2.101:;2CFR: 200.327. Bys submission oft this bid/proposal or the execution oft this contract ors subcontract, as appropriate, the bidder, proposer, vendor agrees to comply with alla applicable standards, orders orr regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q): and the Federal Water Pollution Control Act, as oft the Environmental Protection Agency. 2CFRF Part2 200, The contractor agrees toi include or cause tol bei included the requirements oft this Section ine everys subcontract, andi further agrees tot take such action ast the contracting agency may directa as ar means ofe enforcing such requirements. 2CFR X_CERTIFICATIONI REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND' VOLUNTARY This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts ora any other covered1 transaction requiring FHWA approval ort that is estimated to cost $25,000 orr more - as definedi in2CFR Parts 180 and 1200. 2CFR 180.220 and 1.1 Instructions for Certification- - First" Tier Participants: a. Bys signing and submitting this proposal, the prospective first tier participanti is providing the certification seto out below. e. The terms" "covered transaction," "debarred," 'suspended," "ineligible," "participant," person," "principal," and' voluntarily: excluded," as used int this clause, are defined in2 CFR Parts 180, Subpartl I, 180,900-180.1020, and 1200. "First Tier Covered" Transactions" refers to any covered transaction between a recipient or subrecipient of Federal funds and aj participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under al First Tier Covered Transaction (such as who has entered into a covered transaction witha ar recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who f.Thep prospective first tier participant agrees bys submitting this proposal that, should the proposed covered transaction be enteredi into, its shall not knowingly enter into anyl lowert tier covered transaction with aj person who is debarred, suspended, declaredi ineligible, or voluntarily excluded1 from participation int this coveredi transaction, unless authorized by the department or agency enteringi into this transaction, 2 g. Thep prospective first tier participant further agrees! by submitting this proposal thati it willi include the clause titled "Certification. Regarding Debarment, Suspension, Ineligibility and' Voluntary Exclusion-Lower Tier Covered Transactions," provided byt the department or contracting agency, entering into this covered transaction, without modification, in alll lower tier covered transactions andi ina alls solicitations forl lower tier covered transactions exceeding the $25,000 threshold. 2CFR h. Ap participant in a covered transaction may rely upona a certification ofa prospective participanti in al lower tier covered transaction thati is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unlessi it knows that the certification is erroneous. 2CFR 180.300; 180.320, and 180.325. Ap participant is responsible for ensuring that its principals are nots suspended, debarred, or Award! Management website fntps/Aww.sam.ow). 2CFR i. Nothing contained int the foregoing shall be construed to require the establishment ofas system of records inc order to renderi in goodf faith the certification required by this clause. Thel knowledge andi information oft thep prospective participant a prudent personi int the ordinary course ofb business dealings. j. Except fori transactions authorized underp paragraph ()of these instructions, ifa participant in a covered transaction knowingly enters into al lower tier covered transaction witha a person whoi is suspended, debarred, ineligible, or voluntarily excluded from participation int this transaction, ina addition to other remedies available tot the Federal Government, the department or agency may terminate this transaction forc cause CFR: 200.88; EO 11738) Federal-aid construction contractor, subcontractor, supplier, or subcontracts). "First7 Tier Participant" refers tot the participant amended (33 U.S.C. 1251-1387). Violations must ber reported has entered into a covered transaction with aF First Tier tot the Federal Highway Administration. and1 the Regional Office Participant or other Lower" Tier Participants (sucha as subcontractors and suppliers). Appendix H. 200.327. EXCLUSION CFR 180.330. 180.220 and 180.300. 1200.220. b. Thei inability ofap persont to providet the certification set out otherwise ineligible to participate inc covered transactions. 2 below will not necessarily resulti in denial of participation int this CFR 180.335. To verify the eligibility ofi its principals, as well covered transaction. The prospective first tier participants shall ast the eligibility of anyl lowert tier prospective participants, each submit an explanation ofv whyi it cannot provide the certification participant may, buti is not required to, check the System for set out below. The certification or explanation willl be considered! inc connection with the department or agency's determination whether to enteri into thist transaction. However, failure oft the prospective firstt tier participantt tot furnisha a certification or ane explanation shall disqualify such ap person from participation int this transaction. 2CFR 180.320. off fact upon whichr reliance was placed whent the contracting agency determined to enter into this transaction. Ifitis later determined that the prospective participant knowingly rendered ane erroneous certification, in addition toc other remedies available tot the Federal Government, the contracting agency may terminate this transaction for cause of default. 2CFR d. The prospective first tier participant shall provide immediate written noticet tot the contracting agency to whom this proposal is submitted ifanyt time the prospective firstt tier participant learns that its certification was erroneous when submitted or has become erroneous byr reason of changed circumstances. 2CFR 180.345 and 180.350. 180.300, 180.320, and 180.325. c, The certification int this clausei is a material representation isr not requiredt to exceed that whichi is normally possessed by 180.325. or default. 2CFR1 180.325. 11 2. Certification Regarding Debarment, Suspension, Ineligibility and' Voluntary Exclusion- - First Tier a. Thep prospective first tier participant certifies tot thel best of its knowledge and! belief, thati ita andi itsp principals: (1) Are not presently debarred, suspended, proposed for debarment, declaredi ineligible, or voluntarily excluded from participatingi inc covered transactions bya any Federal department ora agency, 20 CFR 180.335;. (2) Haver not within a three-year period preceding this proposal been convicted of or had a civilj judgment rendered against them for commission off fraud ora a criminal offense in connection with obtaining, attempting to obtain, or performing ap public transaction; violation ofF Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification ord destruction ofr records, making false statements, orr receiving stolen property, 2 CFR 180.800; civilly charged by a governmental entity (Federal, State or local) with commission of any oft the offenses enumeratedi in paragraph (a)(2) oft this certification, 2 CFR 180.700 and (4) Have not withina at three-year period preceding this applicationiproposal. had one orr more publict transactions (Federal, State orl local) terminated for cause or default. 2 violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and that has been assessed, for which allj judicial and and thati isr not being paidi in ai timely manner pursuant to an agreement with the authority responsible for collecting the tax b. Where the prospective participant is unablet to certify to any oft the statements int this certification, such prospective participant shoulda attach ane explanation tot this proposal. 2 this transaction originated may! pursue available remedies, including suspension and/or debarment. C. The prospective lower tier participant shall provide immediate written notice tot the person to which this proposal is submitted! ifata anyt time the prospective lower tierp participant learns thati its certification was erroneous by reason of changed circumstances. 2CFR1 180.365. d, Thet terms' "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and' voluntarily excluded," as used int this clause, are defined in2 CFRI Parts 180, Subparti, 180.900 - 180.1020, and 1200. You may contactt the person tov whichi this proposalis submittedi for assistançe inc obtaining a copy oft those regulations. "First" Tier Covered Transactions" referst to any Federal funds and aj participant (such as the prime or general contract). "Lower Tier Covered Transactions" referst to any covered transaction under al First" Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers tot the participant who has enteredi into a covered transaction with a general contractor). "Lower Tier Participant refers any participant whol has enteredi into a covered transaction with a First Tier Participant or otherl Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tierp participant agrees by submitting this proposal that, shouldt the proposed covered transaction bee enteredi into, it shall not knowingly enteri into any lowert tier covered transaction with ap persony whoi is debarred, suspended, declared ineligible, or voluntarily authorized byt the department or agency with which this transaction originated. 2CFR1 1200.220 and 1200.332. f.The prospective lower tier participant further agrees by "Certification Regarding Debarment, Suspension, Ineligibility without modification, ina all lower tier covered transactions and ina all solicitations forl lower tier covered transactions exceeding g.A AP participant ina a covered transaction may rely upona a certification ofap prospective participant in al lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unlessi it knows that the certification is erroneous.. Ap participanti is responsible for ensuring thati its principals are nots suspended, debarred, or otherwise ineligible top participate inc covered transactions. To verify the eligibility ofi its principals, as well as participantr may, but is not required to, check the System for Award Management website (atps/w.samgow), whichi is compiled by the General Services Administration. 2CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained int thei foregoing shall be construed to require establishment ofas system ofr records inc order tor render knowledge andi information ofp participant is not required to int the ordinary course of business dealings. .Except fort transactions authorized under paragraphe e of these instructions, ifa participant ina a covered transaction knowingly entersi into al lower tier covered transaction with a person whoi is suspended, debarred, ineligible, or voluntarily Participants: ap public (Federal, State, or local)t transaction or contract under covered transaction between a recipient ors subrecipient of (3) Are not presently indicted for or otherwise criminally or recipient ors subrecipient ofF Federal funds (such ast the prime or 180.800; and CFR 180.335(d). (5) Are not a corporation that has been convicted ofa a felony excluded from participation int this covered transaction, unless (6)A Arer not a corporation) with any unpaid Federalt tax liability submitting this proposal that itv willi include this clauset titled administrative remedies have been exhausted, or have lapsed, and' Voluntary Exclusion-Lower Tier Covered" Transaction," liability (USDOT Order 4200.6i implementing appropriations act the $25,000 threshold. 2CFR1 180.220 and 1200.220. requirements). CFR 180.335 and 180.340. 3. Instructions for Certification- Lower Tier Participants: the eligibility of any lower tier prospective participants, each (Applicable to alls subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated too cost $25,000 or more- -2CFRF Parts 180 and 1200). 2CFR 180.220 and 1200.220. a. Bys signing and submitting this proposal, the prospective off fact upon which reliance was placed when this transaction was enteredi into. Ifitisl later determined that the prospective lower tier participant knowingly rendered ane erroneous certification, ina addition to other remedies available to the Federal Government, the department, or agency with which lower tier participant is providing the certification set out below. ing good faith the certification required byt this clause. The b.7 The certification int this clausei is a material representation exceed that whichi is normally possessed by a prudent person 12 excludedi from participation int this transaction, in addition to other remedies available to the Federal Government, the department or agency with whicht this transaction originated may pursue available remedies, including suspension and/or 4. Certification Regarding Debarment, Suspension, Ineligibility and' Voluntary Exclusion-Lower Tier a. The prospective lower tier participant certifies, by submission oft this proposal, that neitheri it nor its principals: (1)is presently debarred, suspended, proposedf for debarment, declared ineligible, or voluntarily excludedi from participating! inc covered transactions by any Federal department or agency,20 CFR 180.355; (2)i is a corporation that has been convicted ofaf felony violation under any Federal lawy withint the two-year period preceding this proposal (USDOT Order 4200.61 implementing appropriations act requirements); and (3)is is a corporation with any unpaid! Federal tax liability that has been assessed, for which allj judicial and administrative remedies have been exhausted, or have lapsed, and thatis not being paidi ina at timely manner pursuant to an agreement with the authority responsible for collecting the taxl liability. (USDOT Order 4200.6i implementing appropriations act b. Where the prospective lowert tier participant is unable to certify to any oft the statements int this certification, such prospective participant should attach an explanation tot this cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Formi to Report Lobbying," in accordance with itsi instructions. 2.This certification! is a material representation off fact upon which reliance was placed whent this transaction was made or entered into. Submission oft this certification is aj prerequisite for making ore entering into this transaction imposed! by 31 U.S.C. 1352. Any person whot fails tof file the required certification shall be subject to a civilp penalty ofr not less than $10,000 and not morei than $100,0001 for each such failure. 3. The prospective participant also agrees bys submitting its bid orp proposalt that the participant shall requiret that the language oft this certification! bei includedi in alll lower tier subcontracts, whiche exceed $100,000: and that alls such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES-FLAG VESSELS: This provision is applicable toa all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or anyo other covered transaction. 46 CFRI Part 381. This requirement applies tor material ore equipment thati is acquired for a specific Federal-aid highway project. 46 CFR 381.7. Itis not applicable tog goods or materials that come into inventories independent ofa an FHWA1 funded-contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials ore equipment acquired fora specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1.To utilize privately owned United States-flag commercial vessels tos ship at least 50 percent oft the grosst tonnage (computed separately for dry bulk carriers, dry cargo liners, andt tankers) involved, whenever shipping any equipment, material, or commodities pursuant tot this contract, tot the extents such vessels are available atf fair and reasonable rates for United States-flag commercial vessels. 46CFR381.7. 2.To furnish within 20 daysf following the date ofl loadingf for shipments originating withint the United States orv within 30 working days followingt the date ofl loading fors shipments originating cutside the United States, al legible copy ofar rated, 'on-board' commercial ocean bill-of-lading! in English for each shipment of cargo described inj paragraph (b)(1) oft this section tok both the Contracting Officer (through the prime contractor in the case ofs subcontractor bills-of-lading) and tot the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC: 20590. (MARAD requires onboard, dated, with rates and charges. These bills ofl lading may contain business sensitive information and thereforer may be submitted directly tol MARAD by the Ocean Transportation Intermediary on! behalf oft the contractor). 460 CFR381.7. debarment. 2CFR 180.325. Participants: requirements) proposal, XI. CERTIFICATIONI REGARDING USE OF CONTRACT FUNDS FORI LOBBYING This provision is applicable toa allF Federal-aid construction contracts andt to allr related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1.The prospective participant certifies, by signing and submitting this bid or proposal, tot the best ofH his or her knowledge and belief, that: a. NoF Federal appropriated funds have been paid orv willl be paid, by or on behalf oft the undersigned, to any person for any Federal agency, aN Member of Congress, and officer or employee of Congress, or an employee ofal Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making ofa any Federall loan, the enteringi into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or b.lIfanyf funds other than Federal appropriated funds have been paid or will be paidt to any person fori influencing or attempting toi influence and officer or employee ofa any Federal agency, a Member of Congress, an officer ore employee of Congress, or ane employee ofal Member of Congress in connection witht this Federal contract, grant, loan, or influencing or attempting toi influence an officer ore employee of copies oft the ocean carrier's (master) bills ofl lading, certified cooperative agreement. 13 ATTACHMENT. A- EMPLOYMENT AND MATERIALS PREFERENCE! FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIANI LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded undert the Appalachian Regional Development: Act of1 1965. 1.Duringt the performance oft this contract, the contractor undertaking to dov work whichi is, orr reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside int thel labor area as designated by the DOL wherein the contract work iss situated, or the subregion, or the Appalachian counties oft the State wherein the contract worki is a.7 Tot the extent that qualified persons regularly residing in b.F Fort the reasonable needs oft the contractor to employ supervisory or specially experienced personnel necessary to assure ane efficient execution oft the contract work. C.F For the obligation oft the contractor to offer employment to present or former employees ast the result ofal lawful collective bargaining contract, provided that the number ofr nonresident persons employed undert this subparagraph (1c)s shall not exceed 20 percent oft thet total number ofe employees employed byt the contractor ont the contract work, excepta as provided in 2. The contractor shall place aj job order with the State Employment Service indicating (a)t the classifications oft the laborers, mechanics and other employees required top perform the contract work, (b) the number ofe employees required in each classification, (c) the date on which the participant estimates such employees willl ber required, and (d) any other pertinent information required by the State Employment Service to complete thej job order form. The job order may be placed with the State Employment Servicei in writing or by telephone, Ifduring the course oft the contract work, the information submitted by the contractor int the originalj job order iss substantially modified, the participant shall promptly notify 3. The contractor shall givet full consideration: to all qualified job applicants referred tol him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are noto qualified to perform the classifiçation ofv work required. 4.16, within one week following thep placing ofa aj job orderb by thec contractor with the! State Employment: Service, the State Employment Service is unable to refer any qualified job applicants tot the contractor, orl less than the number requested, the State Employment Service willi forwarda a certificate to the contractor indicating the unavailability of applicants. Such certificate shall ber made a part oft the contractor's permanent project records. Upon receipt oft this certificate, the contractor may employ persons who dor not normally residei int the labor areat tof fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) 5. The provisions of 23 CFR 633.207(e) allowt the contracting agencyt to provide a contractual preference for the use ofr mineral resource materials native tot the Appalachian 6.1 The contractor: shall include the provisions of Sections 1 through 4 oft this Attachment. Aine everys subcontract for work which is, or reasonably may be, done as on-site work. situated, except: the area are not available. subparagraph (4) below. the State Employment Service. above. region. 14 RESOLUTION NO. 2024-8 County of Butler, Pennsylvania AI RESOLUTION AUTHORIZING LORI ALTMAN, BUTLER COUNTY'S CHIEF CLERK, TO ELECTRONICALLY SIGN THE ATTACHED AGREEMENT ON BEHALF OF BUTLER COUNTY NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BUTLER, AS FOLLOWS: Lori Altman, Butler County's Chief Clerk is hereby authorized to electronically sign the following Agreement and any Amendments on behalf of Butler County. PENNDOT REIMBURSEMENT AGREEMENT NO.: R201000002-1 MPMS NO: 24471 PROJECT NAME: ECMS NO: LO 00579 CO#24 KELLY BRIDGE ADOPTED by the Board of Commissioners of the County of Butler this 24thday of April, 2024, and to be effective April 24, 2024. ATTEST: Lori E. Altman BOARD OF COMMISSIONERS Leslie A. Osche, Chairman Human Resources Director/Chief Clerk Kimberly D. Geyer, Vice Chairman Kevin E. Boozel, M.S., Secretary Date: April 24, 2024 PROJECT ESTIMATED COSTS Reimbursement Agreement No: R20100002 County: Butler Municipality: WORTH Project Name: CO #24 Kelly Bridge MPMS No: 24471 Engineering Agreement No: L00579 Municipallty Incurred Costs 417000 297000 129000 22000 1120000 Commonwealth Incurred Costs Phase Totals 420000 300000 130000 23000 1127000 2000000 Phase Totals 417900 287000 129000 22000 1120000 1985000 Phase Totals Preliminary Engineering Final Design Utilities Right of Way Construction SUBTOTALS 3000 3000 1000 1000 7000 15000 COST SHARING (Municipality Incurred Costs) Federal % 417000 100) 297000 100) 129000 100) 22000 100) 1120000 109) 1985000 State % Munlcipality % ( ) ( ) Preliminary Engineering Final Design Utilities Right of Way Construction TOTALS COST HARNG/Commonweatn Incurred Costs) Federal % 3000 100) s0 100) 1000 1o0) 1000 1o0) 7000 100) 15000 State % Municipality % - ) o( ) o( ) Preliminary Engineering Final Design Utilities Right of Way Construction TOTALS 1 a 3000 1000 7000 15000 % Total o) TOTALCOST % o) Federal % 2000000 100) State Municipality Amount Eligible to be Reimbursed to Municipality 1985000 Exhibit A Butler County Board of Commissioners Economic Development and Planning 124 W. Diamond Street, PO: Box: 1208, Butler, PA 16003-1208 Phone 724.284.5300 Fax 724.284-5315 TDD724.284.5473 Commissioners Leslie. A. Osche, Chairman Kimberly D. Geyer, Vice Chairman Kevin E. Boozel, Secretary ChiefofEconomic Development & Planning Mark Gordon TO: FROM: RE: Board of Butler County Commissioner's Wendy Leslie, CDBG Coordinator Public Meeting April 24, 2024 The following item(s) are for the public meeting: 1.) Bid opening for Alameda Multi-use Field project Bids for the Alameda Multi-use field project will be opened at the public meeting via PennBid electronic bidding. Presented at April 24, 2024 Public Meeting SETTLED ASSESSMENT APPEALS APPELLANT NUMBER CASE 2023-40351 2023-40349 ORIGINAL FAIR MARKET VALUE NEW FAIR MARKET VALU Jeffrey L. & Christine M. Weber Eric S. Snyder $697,846.00 $299,000.00 $630,000.00 $200,000.00 COUNTY OF BUTLER RESOLUTION NO. 2024-7 A RESOLUTION OF BUTLER COUNTY AUTHORIZING THE SUBMISSION OF A REQUEST FOR FUNDING THROUGH THE COVID-19 ARPA CAPITAL PROJECTS FUND MULTI-PURPOSE COMMUNITY FACILITIES PROGRAM THROUGH THE PENNSYLVANIA BROADBAND DEVELOPMENT AUTHORITY Be itF RESOLVED, that Butler County hereby requests a COVID-19 ARPA Capital Projects Fund Multi-Purpose Community Facilities Program grant for up to $2,000,000 from the Pennsylvania Broadband Development Authority to be used for improvements to the Butler County Aging & Veterans Resource Center. Be it FURTHER RESOLVED, that the Applicant does hereby designate Leslie A. Osche, Chair of the Board of Commissioners, and Lori E. Altman, Human Resources Director/Chief Clerk, as the officials to execute all documents and agreements between Butler County and the Pennsylvania Broadband Development Authority to facilitate and assist in obtaining the requested grant. I, Lori E. Altman, hereby certify that the forgoing is a true and correct copy of a Resolution duly adopted by a majority vote of the Butler County Commissioners at a regular meeting held April 10, 2024 and said Resolution has been recorded in the Minutes of Butler County and remains in effect as of this date. IN WITNESS THEREOF, laffix my hand and attach the seal of Butler County, this 10th day of April, 2024. ATTEST: LOrIE. Altman BOARD OF COMMISSIONERS Eeh r E.Rpta Human Resources Director/Chief Clerk Chairman Kinberly D. Géyer, Vicechairyfan Kscomt Kevin E. Boozel, M.S., Secretary Countp of Butler Board ofCommissioners 1241 W. Diamond Street, POI Box 1208, Butler, PA 16003-1208 Phone 724-284-5100 Fax 724-284-5400 TDD724-284.5473 Commissioners Leslie. A. Osche, Chairman Kimberly D. Geyer, Vice Chairman Kevin E. Boozel, M.S., Secretary Director of Human Resoures/ChiefCerk Budget & Human Services Finance. Director Lori Altman Ann] M. Brown Interim Solicitor Juliel M. Graham MEMORANDUM April 10, 2024 To: Board of Commissioners Re: Approval of Resolution No. 2024-7a and all supporting documentation Approval of Resolution No 2024-7, A Resolution of Butler County Authorizing the Submission of a Request for Funding Through the Covid-19 ARPA Capital Projects Fund Multi-Purpose Community Facilities Program Through the Pennsylvania Broadband Development Authority. Additionally, requesting approval of supporting documents as follows: 1. Affidavit - Covid-19 ARPA Capital Project Funds, PA Multi-Purpose Community Facilities 2. Worker Protection and Investment Certification Form, with authorization for Chairman to 3. Commonwealth of PA, Department of Community and Economic Development, Federal Funding Accountability & Transparency Act Sub-Recipient Data Sheet (FFATA) 4. Letter of Intent to submit request addressed to Butler Township Commissioners Said approval is to be ratified at April 24, 2024 Public Meeting. With this approval, the County Program, with authorization for Chairman to sign sign authorizes submission of request fori funding and all supporting documentation. Approved VAAR & Disapproved Commissioner Leslie A. Osche Commissioner Kimberly D. Geyer, Commissioner Kevin E. BoozéM Gs mm CPF-MPCF-001 (01/2024) COMMONWEALTHOFI PENNSYLVANIA PENNSYLVANIAI BROADBANDI DEVELOPMENTAUTHORITNY AFFIDAVIT COVID-19, ARPA CAPITAL PROJECTS FUND PENNSYLVANIAMULT-PURPOSE COMMUNITY-FACILTIES PROGRAM Before the undersigned, duly licensed notary public, personally appeared Leshe A. Osche The Affiant is a duly authorized representative of Bulec County ("Affiant"), who, being duly swom according to law, declares: ("Applicant"). Applicant to the Pennsylvania Multi-Purpose Community Facilities Program ("Grant Program") shall ensure that ac contractor or subcontractor performing construction, reconstruction, demolition, repair, or maintenance work Maintains all valid licenses, registrations or certificates required by the Federal Government, the Commonwealth or al local government entity that are necessary to do business or perform applicable work. Maintains compliance with the act of June 2, 1915 (P.L. 736, No. 338), known as the Workers' Compensation Act, the act of December 5, 1936 (2nd Sp. Sess., 1937 P.L. 2897, No. 1), known as the Unemployment Compensation Law, and bonding and liability insurance requirements as specified int the Has not defaulted on a project, declared bankruptcy, been debarred, or suspended on a project by the Federal Government, the Commonwealth, or a local government entity within the previous three years. Has not been convicted of a misdemeanor or felony relating to the performance or operation oft the business Has completed a minimum of the United States Occupational Safety and Health Administration's 10-hour safety training course or similar training sufficient to prepare workers for any hazards that may be encountered during their work on the high-speed broadband service infrastructure. This statement is made under penalty of perjury as more fully set forth in 181 PA.C.S.54904. on a project funded through this Grant Program meets all of the following requirements: contract for the project. oft the contractor or subcontractor within the previous 10 years. Affiant Signature Affiant Title Chpp Chzirmen NOTARY PUBLIC: COUNTY OF: COMMONWEALTH OF PENNSYLVANIA Bulf Signed and sworn to (or affirmed) before meon. 4-10-34_Date) Signature of notarial officer: aha My commission expires: NOTARIAL SEAL: Commonwealth off Pennsylvania Notary Seal GpeyPuNr ButlerCounty Mycommissione expires March24,2025 Commissionnumbert 1166115 Member, Pennsylvania. Assoclation ofN Notaries meg WORKER PROTECTION AND INVESTMENT CERTIFICATION FORM A. Pursuant to Executive Order 2021-06, Worker Protection and Investment (October 21, 2021), the Commonwealth is responsible for ensuring that every worker inl Pennsylvania has a safe and healthy work environment and the protections afforded them through labor laws. To that end, contractors and grantees of the Commonwealth must certify that they are in compliance with Pennsylvania's Unemployment Compensation Law, Workers' Compensation: Law, and all applicable Pennsylvania state labor and workforce safety laws including, but not limited to: 1. Construction Workplace Misclassification Act 2. Employment ofMinors Child Labor Act 3. Minimum Wage. Act 4. Prevailing Wage Act 5. Equal Pay Law 7. Seasonal Farm Labor Act 8. Wage Payment and Collection Law 9. Industrial Homework: Law 10. Construction Industry Employee Verification Act 11. Act 102: Prohibition on. Excessive Overtime in Healthcare 12. Apprenticeship and' Training Act 13. Inspection of Employment Records Law 6. Employer tol Pay Employment Medical Examination Fee. Act B. Pennsylvania law establishes penalties for providing false certifications, including contract termination; and three-year ineligibility to bid on contracts under 62 Pa. C.S. $531 (Debarment or suspension). CERTIICATION I,the official named below, certify I am duly authorized to execute this certification on behalf of the contractor/grantee identified below, and certify that the contractor/grantee identified below is compliant with applicable Pennsylvania state labor and workplace safety laws, including, but not limited to, those listed in Paragraph A, above. lunderstand that] Imust report any change in the contractor/grantee's compliance status to the Purchasing Agency immediately. I further confirm and understand that this Certification is subject to the provisions andj penalties of1 18Pa. C.S. $4 4904 (Unsworn falsification to authorities). 04-10-2024 Date LL Leslic A. Osche Name (Printed) Charman Commissioner Title of Certifying Official (Printed) Grantee. Name (Printed) BOP-2201 Published: 02/07/2022 Commonwealth of Pennsylvania Department of Community & Economic Development Sub-Recipient Data Sheet (FFATA) Federal Funding Accountability & Transparency Act Grantee must complete and submit this form for all federally fundeds grant agreements. The Commonwealth will notp process the grant until the Grantee provides this information. GRANTEE INFORMATION Grantee Name: Administrative Address: Unique Entityl Identifier (UEI): SAME Expiration Date: FEIN: DCED Contract#: DUNS Number: UNIQUE ENTITY INDENTIFIER (UEI/DUNS NUMBER AND SYSTEM AWARD MANAGEMENT (SAM) REGISTRATION DUNS Number +4 (if applicable): INSTRUCTIONS: Grantee must provide its assigned DUNS number, and DUNS + 41 number ifa applicable. Grantee must obtaina a registration from the Systemf for Award Management (SAM) iampconem.rone, and their Unique Entity! Identifier (UEI). Grantee must renew: annually duringt timesv which theyl have activet federala awards funded pursuant tot their sub-grant agreement. AD Dun and Bradstreet! Datal Universal Numbering System (DUNS)Number, (https://www.d dnb.c comlduns-number.him): is one oft ther requirements for registration int the System forA Awardi Management (SAM). By April of 2022, thet federal government wills stop usingt the DUNS number to uniquely identify entities registeredi int the System for Award Management (SAM). Att that point, entities doing business with the federal government will only. use a Unique Entity Identifier (UEI) created in SAM.gov. They will no longer have to go to a third-party website to obtain their identifier. Active registrants will have their UEI assigned and viewable within SAM.gov. PRIMARYLOCATION City: State: Zip+4: INSTRUCTIONS: Grantee must provide tot the Commonwealth the primary location of performance under the award, including the city, State, and: zip code including 4-digit extension. lfperformance is to occur inr multiple locations. then Grantee must list thel location where the most amount oft the grant awardi is tol bee expended pursuant tot the grant INSTRUCTIONS: Grantee must provide tot the Commonwealth the names and total compensation of thef five most highly compensated officers oft the entityi if-- () the entityi int the preceding fiscal year received- ()8 80p percent or more ofi its annual gross revenues inF Federal awards; and (II) $25,000,000 or more in annual gross revenues from Federal awards: and ()t the public does not have access toi information: about the compensation oft the senior executives oft the entity through periodic reports filed unders section 13(a) or 15(d)oft the Securities Exchanges Act of 1934 (15U.S.C. 78m(a), 78o(d)) or section 6104 oft thel Internal Revenue Code of 1986. Ifthe Grantee does not meet the conditions listeda above, then it must specifically affirm tot the Commonwealth that the requirements oft this clause are inapplicable tot the Grantee agreement COMPENSATION OF OFFICERS Officer 1 Name Officer 1 Compensation Officer: 2 Name Officer 2 Compensation Officer 31 Name Officer 3 Compensation Officer 4 Name Officer 4 Compensation Officer 51 Name Officer 5 Compensation CERTIFICATION Bycheckingt the following box, grantee affirms that they dor not meet the conditions for reporting highly compensated individuals Ihereby certify that all the information stated hereini is true and accurate. understand that HUDI will prosecute false claims and statements and that conviction may resulti inc criminal and/or civil penalties (pursuant to 18 USC 1001, 1010, 1012;316 USC3729,3802). Name of Chlef Elected Official/Highest Ranking Officer (typed):L Leslie A. Osche Title:_ Chairman Date: 4-10-3024 Signature of Chief Elected Official/Highest: Ranking Officer: Note: This certification cand only be signed by Chief Elected Officieis orHighest Ranking Officer) attesting to the accuracy oft the data providedi in Ehs this report. Signatures fromi individuals withouts signatory authority will not be accepted. Bevisedyr2t Countp of Butler Board ofc Commissioners 124 W. Diamond! Street, POI Box 1208, Butler, PA 16003-1208 Phone 724-284-5100 Fax" 724-284-5400 TDD7 724-284.5473 Commissioners Leslie. A. Osche, Chairman Kimberly D. Geyer, Vice Chairman Kevin E. Boozel, M.S., Secretary Director ofHuman Resourey/Chie/Clerk Budget & Human Services. Finance Director Lori Altman Annl M. Brown Interim Solicitor Julie M. Graham April 10, 2024 Butler Township Commissioners 2905. Duffy Road Butler, PA: 16001 RE: Equitable Access to Broadband at the Butler County Aging & Veterans Resource Center COVID-19 ARPA Capital Projects Fund Muiti-Purpose Community Facilities Program Municipal Notification Letter Dear Butler Township Commissioners: We are writing to inform you of our intent to submit a request through the COVID-19 ARPA Capital Projects Fund Multi-Purpose Community Facilities Program for improvements to the future Butler County Aging & Veterans Resource Center (Center). The Center will become a hub of services for residents of all ages throughout Butler County, and we are therefore seeking funding to ensure that it can adequately serve the broadband internet access needs of the community. Ify you have any questions regarding this project, please do not hesitate to contact us. Sincerely, Butler County Board of Commissioners hscbnt Sly Kimberly D. Geyer Vice Chairman Kevin E. Boozel, M.S. Secretary Chairman bpe Pittsburgh-Butler REGIONAL AIRPORTH April 11,2024 Butler County Board of Commissioners Commissioners' Office Fifth Floor, County Government Center 124 West Diamond Street Butler, PA 16001 Dear Commissioner Osche, Commissioner Geyer, and Commissioner Boozel: approval to reappoint this year the following currently serving directors: This letteri is a request from the full Board of] Directors for the Butler County Airport Authority for your Joyce Schnur, whose term ends May 30, 2024, wlloy-s/se)a9 Andrew Allen, whose term ends September 30, 2024, and 1ollay -9laoag Michael Walsh, whose term ends September 30, 2024. iollay- 9133ja9 We sinçerely appreciate your attention to this matter. - Thank you, mew Michael Walsh Chair Board ofl Directors Butler County Airport Authority BUTLER COUNTY COMMISSIONERS RATIFICATION OF PERSONNEL TRANSACTIONS April 24, 2024 Children & Youth Services CRAVENOR III, John R. (Rep. J. Scherer) 04/22/2024 Caseworker/F.T. $23.2810/hr. RETIREMENT NO BENEFITS FOR 90D DAYS Communications/Emergency Services URBAN, Shelby C. (New Position) 04/21/2024 Telecommunicator II/F.T. $27.1014/hr. RETIREMENT NO BENEFITS FOR 90 DAYS Prison STILES, Kevin J. (Rep. J. Kennedy-Saeler) 04/22/2024 Administrative Assistant I/F.T. *Grade 4 618.9277-526.4988) $20.0000/hr. BENEFITS PERI POLICY RETIREMENT Submitted: 04/19/2024 by KG