BUTLER COUNTY BOARD OF COMMISSIONERS Public Meeting Wednesday, March 27, 2024 10:00 AM AGENDA . CALL MEETING TO ORDER II. MOMENT OF SILENT PRAYERIPLEDGE OF ALLEGIANCE III. PUBLIC COMMENT ON AGENDA ITEMS IV. APPROVAL OF MINUTES -March 13, 2024, Public Meeting V. PROCLAMATIONS AND PRESENTATIONS A. Being presented today: 1. 412Thrive Day in Butler County - Friday, April 12, 2024 B. Were mailed: 1. Mary Acquaviva's 100th Birthday March 10, 2024 2. Pennsylvania 811 Safe Digging Month - April 2024 VI. FINANCE REPORT VII. OLD BUSINESS VIII. BOARD OF ELECTIONS IX. NEW BUSINESS A. January 31, 2024 Report A. Court Administration 1. Approval to apply for the Justice Assistance Grant (JAG) for Human Trafficking Education and. Awareness in the amount of $125,071.60. This grant will cover the total cost of the trainer's fees, as well as brochures, legal pads and pens. 1. Approval of permission to apply for the EMPG (Emergency Management B. Emergency Services Performance Grant) for FFY 2024. This grant covers 50% of the salary and benefits for the County Emergency Management Coordinator and the Emergency Planner. In 2023, the grant was in the amount of $83,332. Facilities & Operations 1. Approval of a 60-month Lease with Pitney Bowes, Sourcewell State & Local FMV Lease, for renewal of software/updated software in the amount of $267.87 for twelve months and $269.21 for the remaining 48 months, with authorization for the Chairman to sign. D. Human Services (See Attachment Book for details) 1. Approval of the CCR Opioid Trust Housing Coordinator Agreement for the period 11/1/23 - 10/31/24. The County agrees to pay the Provider up to $70,000 (the "Fees"), which will cover 70% of the total cost for the Housing Coordinator position, but no more than $60,000, and 100% of the total cost for the Reintegration Apartment, but no more than $10,000 for the performance of the Services. E. Human Services - Drug & Alcohol (See Attachment Book for details) 1. Approval to reappoint Alicia Beighley for a second three-year term (4/1/24 4-3 3/30/27) 2. Approval of the contract amendment with the University of Pittsburgh: School of Pharmacy/Program Evaluation and Research Unit (PERU) to extend the contract to the Commissioners' Council on Drugs & Alcohol board. end date from 3/31/24 to 6/30/24. F. Human Services - Area Agency on Aging 1. Approval to enter into a Rental Agreement with Barbara J. Cruises LLC for a Senior Center trip on 10/7/24. There are no County funds involved; payment will be made from the Senior Autonomy Account. Rental fees are as follows: $425 for 1 to 25 passengers passengers) $151 for each additional passenger over 25 (rental can have up to 67 2. Approval to enter into a Service Agreement with Comprehensive Care Connections, Inc. (C3) on 3/27/24. There is a one-time participating fee of $4,405. There are no County funds involved; payment will be made from the Aging Well Funding. G. Information Technology 1. Approval to enter into a three-year Commercial Services Agreement with Armstrong Utilities, Inc. for internet service at 107 Woody Drive, Butler, PA, in the amount of $69.95/month, with authorization for the Chairman to sign. H. Parks and Recreation 1. Bid opening for the Replastering of the Main Pool at Alameda WaterPark. 2. Approval to close the dog park for six weeks (4/12/24 - 5/24/24) to make improvements and repairs to fencing, lawn areas (which would also include aerating and seeding) and other areas as needed, based on the recommendation of the 3. Approval to appoint Tom Knights, Butler Township Manager, to the Parks and Recreation Advisory Board, Region 3 Representative (replacing Dave Zarnick), with 4. Approval to appoint Dave Blair, Cranberry Township - Parks and Recreation Director, to the Parks and Recreation Advisory Board, At Large Representative 5. Approval to enter into a Consulting Services Agreement with Gannett Fleming, Inc. in the amount of $10,000 for the DCNR grant for Connoquenessing Borough Parks and Recreation Advisory Review Committee. his term expiring 12/31/24. (replacing Pete Geis), for the term 1/1/24- 12/31/26. Park. Work to include the installation of new, nature-themed playground equipment, safety surface, ADA access and other site improvements, with authorization for the 6. Approval to enter into a Consulting Services Agreement with Gannett Fleming, Inc. in the amount of $10,000 for the DCNR grant for Harmony Borough- - Old Schoolhouse Playground. Work to include the removal of existing playground equipment, installation of new playground equipment, safety surface, ADA access and other site improvements, with the authorization for the Chairman to sign. 7. Approval and official announcement for the selected municipality recipients of the 2024 Butler County Local Park Renovation grant program (noted in red on the attachment), based on the recommendation of the Parks and Recreation Advisory Chairman to sign, Review Committee. They are as follows: Buffalo Township Center Township C Cranberry Township Evans City Borough Fairview Township Forward Township Karns City Borough Penn Township Petrolia Borough S Saxonburg Borough Slippery Rock Borough Zelienople Borough 8. Approval to submit a DCNR grant application (Resolution Page) for the Butler County Comprehensive Recreation, Park and Open Space Plan; Greenways & Trails Plan; and Alameda Park Master Plan, with authorization for the Secretary to sign. 9. Approval to submit a DCNR grant application (Resolution Page) for the Butler County - Diamond Park Rehabilitation and Renovation project, with the authorization for the Secretary to sign. Planning 1. Approval to amend the SALDO (noted in red on the attachment). These amendments have the recommendation and approval of the Butler County Planning Commission, the SALDO Update Consultant, Denny Puko, Mark Gordon and 2. Approval of a Contract Extension request for Herbert, Rowland & Grubic, Inc. (HRG) to provide a continuation of professional services for program management of the Butler County Infrastructure Bank (BCIB) Program. This extension ist for a 12-month period at a cost of $5,000/month, which is the same rate as the original 2019 3. Approval to provide the following municipalities $50,000/each using the $5 Fee a. Callery Borough - culvert replacement at the intersection of Center and b. Jackson Township - creation of an emergency access road and sidewalk Solicitor Julie Graham. agreement. Funds for the following projects: Breakneck Streets C. Muddy Creek Township rehabilitation of Yellow Creek Road d. Penn Township - replacement of traffic lights and signage, intersection of Route e. Slippery Rock Township - widening of Kiester Road, including installation of 8and Airport Road storm sewers and guardrail J. Planning - CDBG 1. Approval to modify Summit Township's CDBG funds for tap-in fee assistance from 2020 ($22,067.07), 2021 ($84,417) and 2022 ($82,169) for the Binsey Road project. A public hearing was held at the Summit Municipal Building on 3/20/24 to allow for public input. K. Property & Revenue 1. Approval of settlement of Bam Bam Investments LLC assessment appeal; Case No. 2. Approval of settiement of Luellyn Harper & Alaire Rose Thomas assessment appeal; 3. Approval of settiement of. Josiah D. Hoefler assessment appeal; Case No. 2023- 4. Approval of settlement of Madmol LLC assessment appeal; Case No. 2023-40345. 1. Approval of Resolution No. 2024-4, which certifies the Section 1513 Transportation Funds local match commitment ini the amount of $70,245 for operating or capital expenses for the Butler Transit Authority for the period 7/1/24 - 6/30/25. This 2. Approval of Resolution No. 2024-5, which certifies the local match commitment in the amount of $34,890 for operating or capital expenses for the Butler Transit Authority for the period 7/1/24 - 6/30/25. Butler County receives $24,890 from several entities to cover a portion of this match commitment. This resolution is needed as part of the 3. Approval to reappoint Dr. Robert L. Paserba and Timothy Seezox to a second four- year term (1/1/24 - 12/31/27) as Directors of the Butler County Hospital Authority. 2023-40341. Case No. 2023-40342. 40344. Commissioners resolution is needed as part of the grant application. grant application. 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: April 10, 2024, at 10:00 a.m. Public Meeting Room, 1st Floor Government Center Public Meeting Calendar is available online at nttps:www.butlercountypa.govy NOTE: Agenda is subject to change due to unforeseen circumstances. BUTLER COUNTY BOARD OF COMMISSIONERS Public Meeting Wednesday, March 13, 2024 10:00 a.m. MINUTES PRESENT: Chairman Leslie Osche Commissioner Kimberly Geyer Commissioner Kevin Boozel (via Zoom) Lori Altman, Dir. Human Resources/Chief Clerk 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 Candace Graff, Court Administration Kevin Gray, Planning - Bridges Mike Hillwig, F&O Kevin Gray, Planning - Bridges Bill Kepple, Human Services Ashley Leslie, Mapping Wendy Leslie, Planning - CDBG Chantell McCurdy, Elections Janet Mentel, Property & Revenue Jennifer Newton, Planning CDBG Leslie Powers, Controller's Office CALL MEETING TO ORDER 1st Floor Government Center. VISITORS: Deb Alley, 4H Karen Barbati, Lancaster Twp. Sarah Bupp, 4H Carol Christner, Clinton Twp. Rylee Colteryahn, 4H Craig Conforti, Beaver Co. Steve Crawford, E. Butler Kim Hall, Forward Twp. Shirley Jackson Jedediah Keller, 4H Laura Keller, 4H Amy Metrick, 4H Edie Rath, Penn Twp. Maggie Schwalm, 4H 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 10:00 a.m. on' Wednesday, March 13, 2024, int the Public Meeting Room, MOMENT OF SILENT PRAYER/PLEDGE OF ALLEGIANCE An moment of silent prayer was observed, followed by the Pledge of Allegiance. PUBLIC COMMENT ON AGENDA ITEMS No public comment was made. APPROVAL OF MINUTES Chairman Osche called for a motion to approve the February 28, 2024 Public Meeting minutes. 1 Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried unanimously. PROCLAMATIONS AND PRESENTATION Pennsylvania 4-H Week, March 17-23, 2024 FINANCE REPORT None OLD BUSINESS None BOARD OF ELECTIONS A. Chantell McCurdy requested approval of the following polling location change: 1. MIDDLESEX TOWNSHIP: 3 From: Crossway Community Church, 109 Davis Road, Valencia, PA 16059 To: Gospel Fellowship Presbyterian Church, 161 McFann Road, Valencia, PA 16059 Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried unanimously. NEW BUSINESS A. CourtA Administration 1. Candace Graff requested approval of an Estimate with Weyman's Landscape for landscaping services for 2024 for the Cranberry Magistrate District Office, with authorization Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 1. Mike Hillwig requested approval of a three-year renewal Planned Maintenance Agreement with Cummins Sales and Service for SV911 Tower generator inspection, in the amount of $559.97lyear, for a three-year total of $1,679.91, with authorization for the Chairman to sign. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried for the Chairman to sign. unanimously. B. Facilities & Operations unanimously. C.H Human Services - Drug & Alcohol 1. Bill Kepple requested approval to reappoint Shawn Pugh for a second three-year term to the Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried D&AA Advisory Board for the term 3/1/24- 2/28/27. unanimously. D. Human Services - Children & Youth 1. Bill Kepple requested approval of the Butler County Children and Youth/Juvenile Probation contract for the period 7/1/23-6 6/30/24 for the CAPS Agreement - AFCARS Upgrade, int the amount of $2,805.30. 2 Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried unanimously. E. Human Services - Area Agency on Aging 1. Bill Kepple requested approval to enter into a Professional Agreement with Penn Cares the "Hearing Voices Simulation" Training on 5/30/24; the State Regional ADRC has approved this event. There are no County funds involved; payment will be made Coordinator from the Aging TXIX. ADRC Funding. Fees are as follows: a. Training Fees: $1,600 (deposit of $300 due at signing of the contract) b. Gas mileage reimbursement for Penn Cares staff @ $0.67/mile d. Overnight accommodations for Penn Cares staff for . Tolls reimbursement e. Meals for Penn Cares staff Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion 2. Bill Kepple requested approval to enter into a Rental Agreement with Butler County Community College for the "Hearing Voices Simulation" Training on 5/30/24, at a total cost of $272; the State Regional ADRC Coordinator has approved this event. There are no County funds involved; payment will be made from the Aging TXIX ADRC Funding. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried unanimously. carried unanimously. F. Information Technology 1. On behalf of Jim Venturini, Shawn Pugh requested approval of a Customer Service Order through CDW for the yearly Zoom Video Account. CDW offers this service with a a Cooperative Purchasing Agreement. The current Zoom contract expires this month. discount through this service is $25,320, with authorization for the Chairman to sign. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried Form The cost of unanimously. G. Parks and Recreation 1. On behalf of Lance Welliver, Solicitor Julie Graham requested approval to enter into an Agreement with Pyrotecnico Fireworks, Inc., of New Castle, PA, in conjunction with Butler Township, for the fireworks display at the Community Day event scheduled for 7/2/24 (weather permitting) in the amount of $12,550, with an additional $1,875 for expenses in presenting the fireworks display on an alternate date, with authorization for the Chairman to Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 2. On behalf of Lance Welliver, Chief Clerk Lori Altman requested ratification of bid the Replastering of the Main Pool at Alameda Waterpark. Bids are due 3/27/24. permission A to Mandatory Pre-Bid Conference will be held on site at 11:00 a.m., Wednesday, 3/20/24. Non- Planning to award the bid by 4/13/24 with work being completed by mid-May. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried sign. unanimously. unanimously. 3 H. Planning - Bridges of Reimbursement Agreement-1 (Letter of Amendment) with 1. Kevin Gray requested approval #70, on Geibel Road in Summit Township. PennDOT for the replacement of County Bridge with authorization for the Chief Clerk to sign. added The first Agreement only had funding for Preliminary Engineering. This Agreement Final Design, Right-of-Way and Construction funding. This bridge is 100% Federal funded, Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 2. Kevin Gray requested approval of Resolution No. 2024-3, authorizing Lori Altman, Butler County's Chief Clerk, to electronically sign the above-mentioned Agreement on behalf of Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried unanimously. Butler County. unanimously. .P Planning - CDBG the 1. Wendy Leslie requested approval of a Proposal between Widmer Engineering, Inc., County and Summit Township for the desgnb.oding/mpecion services of the Binsey Road reconstruction project in the amount of $26,440, paid out of Summit Township's Admin funds; there are no County funds involved. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 2. Wendy Leslie requested approval to amend the contract (Addendum "C") with Mullin & Lonergan Associates, Inc., the CDBG consultants, for a period of one year. The contract is scheduled to expire on 6/23/24. This will extend the deadline until 6/23/25. The hourly rate will remain the same as in the original contract, paid for with CDBG funds; there are no unanimously. County funds involved. unanimously. J. Property & Revenue Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 1. Janet Mentel requested approval of the following settlements: a. Approval of settlement of 20315 Route 19 Partners LLC (Pizza Roma) assessment appeal; Case No. 2023-40350, with a Fair Market Value of $1,150,000 for 2024. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried b. Approval of settlement of Clearview Mall Capital Holding, LLC assessment appeal; Case No. 2021-40325, with a Fair Market Value of $12,658,228 for 2022 only. Note: This is for one parcel, the other four were sold to various third parties. Contingent upon school Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried unanimously. district and taxpayer approval. unanimously. 4 K. Commissioners 1. On behalf of. John Campbell, Solicitor Julie Graham reported on the results of an RFP fora a Forest Management Proposal received from Anundson & O'Barto, Consulting Foresters, for Alameda Park and Sunnyview Complex properties, proposing at two-year harvesting oft the standing timber in three different phases. The same forestry service was used in 2010. The Commissioners had some questions. No action was taken. The Commissioners plan to 2. Chief Clerk Lori Altman requested approval of Resolution No. 2024-2, establishing the composed second disbursement of funds allocated to the County pursuant tot the Commonwealths Opioid Settlement Agreement and Distribution from the Pennsylvania Opioid Issues and Addiction Abatement Trust in the amount of $636,243.38 and will be a. $100,000 shall be used for addressing the needs of persons currently incarcerated or b. $70,000 shall be utilized for housing programs that address safety, recovery and CO- .$ $200,000 shall be assigned and utilized for current newly proposed collaborative community prevention and/or recovery programs which are driven by the recovery community and which have a focus on building individual and community integration, resilience, safety, strength and successful workforce engagement; and, d. $266,243,38 shall be utilized for any of the above three assigned categories as revisit this item at a later date. allocated as follows: otherwise involved in the criminal justice system; occurring mental health diagnoses; determined by requests. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 3. Chief Clerk Lori Altman requested approval of a Contract with Specialized Staffing & Industry Recruiters and CHS Solutions for the Elections Department at the rate of $22.12hr. (Ms. Altman noted the contracted employee will be paid at the rate of $14/hr.), with authorization Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried APPROVAL OF BUDGETARY TRANSFERS, RATIFICATION OF PERSONNEL TRANSACTIONS, Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried unanimously. for the Chairman to sign. unanimously. TRAVEL REQUESTS, REQUISITIONS AND CHECK REGISTER unanimously. CONFERENCE TIME WITH MEDIA PUBLIC COMMENT ON GENERAL ITEMS Shirley Jackson spoke briefly on the empowerment of women. ADJOURNMENT adjourned at 10:58 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, March 27, 2024, at 10:00 a.m. Public Meeting Room, 1st Floor Government Center Public Meeting Calendar is available online at ttps/www.Dutlercountypa.gov: NOTE: Agenda is subject to change due to unforeseen circumstances. 6 County of Butler Financial Report of the Board of Commissioners Through. January 31, 2024 with comparison to January 31, 2023 General Fund Revenues and Expenditures January 31, 2024 Actual January 30, 2023 Original Budget $ 6,148,716 $ Budget 53,400,733 $ $ 11,438,416 $ Original Budget 4,070,946 $ Budget Fund Balance Carryover Fund Balance Carryover Revenues Property Tax Collections Intergovernmental. Revenues Charges for Services Total Revenues Expenditures Salaries & Social Security Retirement Benefits Contracted: Services Materials & Supplies Training &1 Travel Insurance & Other Expenses Bonds & Association Dues External Contributions Other Miscellaneous Costs Contingency Total Expenditures Variance % - 6,148,716 Actual Variance % 4,070,946 0% Actual Uncollected % Actual Uncollected % 53,400,733 0% 98,867 $11,339,549 1% 52,939,575 $ 9,634 $52,929,941 0% 2,184,054 $ 750,681 $ 1,433,373 34% 12,226,084 $ 166,665 $12,059,419 1% 3,418,003 $ 323,783 $ 3,094,220 9% 70,767,716 $ 1,250,763 $69,516,953 2% $ 2,260,428 $ 204,173 2,056,255 9% Miscellaneous Revenue & Transfers $ 5,437,997 $ 653,043 $ 4,784,954 12% 72,537,574 $ 956,083 71,581,491 1% Budget $ 5,615,536 $ $ 5,115,478 $ $ 2,730,837 $ $ 444,520 $ $ 1,121,847 $ $ 152,347 $ $ 7,194,215 $ $ 1,058,250 $ $ 1,100,000 $ Actual Unexpended % Budget Actual Unexpended % 31,958,181 $ 1,381,502 $ 30,576,679 4% $ 6,606,802 $ 491,779 6,115,023 7% 29,900,067 $ 1,315,749 $28,584,318 4% $ 6,460,956 $ 480,215 5,980,741 7% $ 4,573,148 $ 257,692 4,315,456 6% $ 2,201,951 $ 124,167 2,077,784 6% $ 2,555,155 $ 116,385 $ 2,438,770 5% $ 426,483 $ 33,461 $ 393,022 8% $ 1,613,673 $ 470,079 $ 1,143,594 29% $ 977,183 $ 33,644 $ 943,539 3% $ 138,840 $ 70,661 $ 68,179 51% $ 5,944,633 $ 677,941 5,266,692 11% $ 5,109,829 $ 149,058 4,960,771 3% $ 1,080,047 $ 136,302 $ 943,745 13 74,838,662 $ 3,865,354 70,973,308 59 5,615,536 0% 467,037 4,648,441 9% 124,260 2,606,577 5% 32,928 411,592 7% 490,602 1,341,919 27% 26,670 1,095,177 2% 85,744 66,603 56% 10,000 $ 7,184,215 0% 6,535,527 0% 126,717 4,967,986 2% 143,636 914,614 14% 1,100,000 0% 5,735,151 $ 5,735,151 0% enVane/epoase $ 2,125,526 $ 126,464 1,999,062 6% Equipment & Maintenance Rental $ 1,832,521 $ $ 7,071,546 $ 7,071,546 0% Internal Transfers to Other Funds $ 6,535,527 $ Debt Service (Principle & Interest) $ 5,094,703 $ $ 1,050,000 $ 1,050,000 78,686,290 $ 3,507,339 $75,178,951 4% Hammonds, Pamela From: Sent: To: Subject: Pam: Graff, Candace Thursday, March 21, 2024 11:58 AM Butler County Public Meeting FW:. JAG Grant Public Meeting Please add this to the Public Meeting Agenda for March 27, 2024. lam: sending this on behalf of the Human-Trafficking Task Force. Danielle Schmidt will be present to request permission to apply. The paperwork and additional information will be sent to you very soon. The. JAG Grant for the County consists oft the following: Title: Human' Trafficking Education and Awareness The trainings offered will include the following: Brief Project Description: Combatting Human Trafficking' Through Education: Providing opportunities for training and education toj prevent human trafficking by increasing knowledge and awareness oft this important issuei in our community. Human Trafficking Interdiction for Probation and Parole - 2 day training - offered Spring 2025 and Spring 2026 Human Trafficking Investigations - 2-day training - offered Spring 2025 and Spring 2026 Special Victims Methodology 2-day training Offered Fall 2024, Fall 2025, and Fall 2026 Human Trafficking Interdiction for Medical Personnel - 1 day training - Offered Fall 2024, Fall 2025, and Fall Human Trafficking for the Community - 1 day training (offered day after above) - Fall 2024, Fall 2025, and Fall The grant will cover the total cost oft thet trainer's fees, as well as brochures, legal pads, and pens. Grant total will be 2026 2026 forthcoming. Thanks, Candace Candace Y. Graff CourtAdminstrator Butler County Court of Common Pleas 724-284-5200 galecoDuerpaus 1 Hammonds, Pamela From: Sent: To: Subject: Bicehouse, Steven Tuesday, March 19, 2024 12:13 PM Butler County Public Meeting Agenda item For your consideration for the next Public meeting, Emergency Services has one item. 1. Permission to apply for the EMPG (Emergency Management Performance Grant) grant for FFY 2024. This grant covers 50% ofs salary and benefits for the County Emergency Management coordinator and the Emergency Planner. Grant in 2023 was $83,332 Any questions, please do not hesitate to reach out. Thanks, Steve Bicehouse Director, Butler County Emergency Services Dcenoudcobuteraus 120 McCune Drive Butler, PA 16001 (724)284-5211 Office (724)285-6388 Fax ks COUNT) 4 a CodeRED" 1 pitneybowes Sourcewell State & Local FMV Lease Your Business Information Fulll Legal! Name ofl Lessee /DBA! Name ofLessee BUTLER COUNTY Sold-To: Address 1241 WD DIAMOND ST. BUTLER, PA, 16001-5780,US Sold-To: Contact Name Pamela Ambrose BII-To: Address 124V WD DIAMOND ST, BUTLER, PA, 16001-5780, US BII-To: Contact Name Pamela Ambrose Ship-To: Address 1241 WDIAMOND ST, BUTLER, PA, 16001-5780, US Ship-To: Contact! Name Pamela Ambrose PO# Your Business Needs Qty Item 1 SHIPPING360 2 AX00-PRO DATARETAIN-SNDO OVERAGEVOL1 PS-PRO-C PSCPRDEXICOVERAGE PSP-S-DA PSP-T7WE PSPPP013 SERVICESUB SL-ENV-CFW1 SL-ENV-CFW2 SL-ENV-CFW3 SPS1 US187745.6 02022P PhnayE Bowes Inc. Allrighisn resarved. Pitney Bowes Confidential Information Agreement! Number TaxID#( (FEINITIN) 011623729 Sold-To: Contact Phone# 7242845366 Sold-To: Account# 0017248679 Bill-To: Account# 0017248679 Ship-To: Account# 0017248679 Bill-To: Contact Phonet # 7242845366 Bill-To: Email pwolt@cobuterpaus Ship-To: Contact Phone# # 7242845366 Business Solution Description Shipping 360 PitneyShip Cube Pro Datal Retain Sending0 Overage Volume Band 1- $0,15Per Plece PSI Pro- 5001 Transactions Per Month PSCUBE PRO- Cube Coverage PitneyShip Prol Data Assistance Tethered Wedge Scanner PSP Purchase! Power Bundle- 500 Service Subscription (noti incls SLA/SMA) PB#10 Gumd Wht CertF FullV Wndw Secr Env PB6 6X9.5 Gumd Wht CertF Fuly Wdw SecrE Env PB9.5x12 Gumdy Wht CertF FulWdw Secr Env PitneyShip Prol Implementaton-LevelB 2 2 Page1ol2 Y103224316 SesPIney Bowest Temmsf fora addisonalt terms ande STDSLA 2 USPS890-PB Standard SLA-Equipment Service Agreement (for Shipping 360) E-Certified (IMPB)L Labels Your Payment Plan Initial Term: 60n months Number of Months 12 48 Initial Payment Amount: Monthly Amount $267.87 $269.21 (Tax Exempt Certificate Attached (Tax Exempt Certificate! Not Requlred () Purchase Power transaction fees included () Purchase Power" transaction fees extra Billed Quarterly at" $803.61 $807.63 Doosn notanclap any applcable sales. use. ap prportyt taxes whichn witDeD Dileds seperaloly. Ithee equipmentk ksled above is replacingy youre cumantn maler, yourcurnimelorw mbe! lakenc outalservicec oncothisk leasez commances. Your Signature Below Non-Appropriations. You warrant thaty you! have lunds available to make allp payments until the end of your current fiscal period, and shall use your best efforts lo obtain funds tor make all payments in eachs subsequent fiscal period through the endo of your! lease term. Ify your appropriation request toy your legislative body, or funding authority ("Govering Body) forf funds to maket thep payments is denied, your may lerminate this lease onu the! lasto day of the fiscal period forv which funds have beens appropriated, upon () submission of documentation reasonably satisfactory tou us evidencing the Goveming Body's denial ofa ans appropriation sufficient to continue this lease for ther next's succeeding fiscal period, and ()s satisfaction of allo charges and obligations undert this leasei incurred throught thee end ofthef fiscal period forv which funds have been appropriated, including ther relum oft the equipment at youre expense. Bys signing! below, youa agree ta be bound by alll thet terms ando conditions oft this Agreement, includingt the Sourcewell Contract Number 011322-PIT, effective date March3 3, 2022 and! the State andl Local Fair Market Value Lease Terms (Including the Pitney Bowes" Terms) (Version 1/22) whichi is available atl http:lwww.pb. com/states andi isl Incorporated byn reference (the "Agreement"). You acknowledge that, except for non-appropriation, you may not cancel this lease for any reason andt that all payment obligations are unconditional." This lease willt be binding onus afterv we have completed ouro credita ando documentallont approval process and! have signed below." Thisi leaser requires yout to eitherp provide proofo ofl Insurance orp participate in the ValueMAXO requirement protectiong program (see Section Bofthe Stale andi Local Felr Market Valuel Lease Terms)f fora ana additional fee. "software isi included Int the Order, additional lerms apply which are available by clicking on the hyperlink for that software located at http:low.s aMssmsaaTASA dermsa conditions.hlm. Those additional terms are incorporaled by reference. 011322-PIT Slata/Entity's Contract# Lessee Signature Print Name Tiue Date EmaiA Address Sales Information JOEL MASTRIAN Account Repl Name Signature: Email: pwoll@co.butter.pa.us Title: PilneyE Bowes Signature Prinlh Name Tiue Date jpelmastian@pb.com Email Address PBGFS Acceptance US187745,6 02022P PitneyB Bowes Inc. Aurightsn reserved. Pitney Bowes Confidential Information 422 Page2of2 Y103224396 SeeP PitnayE Bowes Terma fora andcondtlons 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 Amanda Feltenberger Director ofl Integrated Services HUMAN SERVICES DEPARTMENT COUNTY GOVERNMENT CENTER ANNEX-1"FLOOR 124V WEST DIAMOND STREET, P.O. BOX1208 BUTLER, PA 16003-1208 Butler Countp TELEPHONE: (24)284-5114-TID! USERS: (724): 284-5473 FAX:( (724)284-5128-E EMAIL: bemhmr@cobulerpaus DATE: TO: FROM: RE: March 21, 2024 Lori Altman Brandon Savochka Human Services Director Human Services Agreements Human Resources Director/Chief Clerk Commissioners Public Meeting- - March 27, 2024 l'am requesting Commissioners' approval of the following Human Services items: Human Services 1. Approval of the following Human Services agreement for November 1, 2023- - October 31, 2024: CCR Opioid Trust Housing Coordinator Agreement The County agrees to pay the Provider up to $70,000 (the "Fees"), which will cover 70% of the total cost for the Housing Coordinator position, but no more than $60,000, and 100% oft the total cost for the Reintegration Apartment, but no more than $10,000 fori the performance of the Services. Drug & Alcoho! 1. The Butler County Commissioners Council on Drugs and Alcohol has voted to recommend for Commissioners approval the re-appointment of Alicia Beighley for a second three-yearterm on the Board from April 1, 2024 to March 30, 2027. 2. Approval of the following Drug & Alcohol contract amended to extend the end date oft the University of Pittsburgh: School of Pharmacy/ Program Evaluation and Research Unit (PERU): contract from March 31, 20241 to June 30, 2024: Facility No. N/A This is a Collaboration agreement with the University of Pittsburgh School of Pharmacy: Program Evaluation and Research Unit to provide technical assistance (TA) to the Butler County Opioid Overdose Coalition to guide them through the Overdose Reduction Implementation Framework using worksheets, assessments, evidence- based strategy guides, and concierge-level in-person, virtual, and telecommunication TA, working through county-level coalitions that encompass public health and safety The Collaboration Agreement is in the amount of $20,604.00 for the period of organizations and officials. April 1, 2023- June 30, 2024. Pitt PERU will be responsible for the following services: Engagement Support Attends monthly check-in calls with leadership Attends coalition general meetings Implementation Planning Provides Annual Data Presentation Implementation Support Provides updates on national and PA drug and overdose trends Reviews evaluation plans and provides recommendations Reviews data collection and tracking plans, and provides recommendations Reviews data and makes recommendations for quality improvement of ongoing Monitors strategic plan progress for reporting to coalition members Provides Basic web page on OverdoseFreePA.org Distributes and evaluates annual stigma surveys and reports initiatives Ify you have any questions or require further information, please give my office a call. Thank you. BOARD OF COUNTY COMMISSIONERS Leslie A. Osche, Chairman Kimberly D. Geyer,' Vice Chairman Kevin E. Boozel, Secretary Beth A. Herold, RN, BSN, MBA Administrator Building 3, Sunnyview Home Complex- 111 Sunnyview Circle 2 9 40 0 Years 2 of Service Suite 101 - Butler, PA 16001-3547 Butler County Area Agency on Aging Phone (724),282-3008 Fax (724) 282-1466 Toll Free 1-888-367-2434 Fax (724)283-6844 Leslie A. Osche Kimberly D. Geyer Kevin E. Boozel Beth A. Herold March 20, 2024 Protective Service (724)283-6955 ainfo@cobuter.paus TO: FROM: DATE: RE: Beth A. Herold, RN, BSN, MBA, Administrator COMMISSIONERS MEETING - March 27, 2024 lam submitting the following items for your consideration at the Commissioners Public Meeting on March 27, 2024. Rental Agreement - Barbara J. Cruises LLC la am requesting the Board's approval to enter into a Rental Agreement with Barbara J Cruises LLC for a senior center trip on 10/07/24. There are no county funds involved; payment will be made from the Senior Center. Autonomy Account. Rental Fees are As Follows: $425.00 for 1to 25 passengers $15.001 for each additional passenger over 25 (rental can have upt to 67p passengers) a am requesting the Board's approval to enter into a service agreement with Comprehensive Care Connections, Inc. (C3) on March 27, 2024. There is a one-time participating fee of $4,405.00 There are no countyi fundsinvolved; payment will be made Comprehensive Care Connections, Inc. - Service Agreement from Aging Well Funding. Ify you have any questions or need additional information regarding these agenda items, please contact me. BUTLER COUNTY HUMAN SERVICES Area Agency onA Aging" . Children & Youth Services * Drug &Alcohol-E Earlyl Intervention & Intellectual Disabilities . Mentalh Health COMMERCIAL SERVICES AGREEMENT This Commercial Service. Agreement ("Agreement") isr madet this March 4.2024, between. Armstrong Utilities, Inc. ("Armstrong") and Subscriber. The parties acknowledge that if this Agreement is being used in connection with Subscriber's purchase of Armstrong'st telephone service, that Subscriber shall be required to review and execute. Armstrong'ss standard Subscription. Agreement, a copy of whichi is attached hereto andi madea a part! hereof. The parties also acknowledge thati int the event ofany discrepancy between this Agreement and the Subscription. Agreement, theset 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 at the end oft this Agreement. Internet Telephone Service Cable TV Misc Services Tier Service Zoom Pro 100 $69.95 $ Digital Music Tolll Free Regional Sports Network 4GLTE: Failover Service $ 2.1 FEES. ANDI RATES: In consideration oft the Service(s) providedt to Subscriber, Subscriber will paya ar monthly fee to Armstrong of$ $69.95 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 rightt to adjustt the one-time installation chargei ifan unanticipated expensei isd discovered during thei final site survey. Should ant unanticipated expense be discovered, Subscriber shall have the option tot 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. Thep parties acknowledge and agree that Armstrong's provision of services hereunder willl bes subject to certain restrictions including, but not limited 4,TERM. AND TERMINATION: The term oft this Agreement willl be fora aj period of 361 months commencing on] March 2024 (the "Initial Term"). This Agreement will automatically çontinue for terms at the same. length as the! Initial Term att the then applicable rate, until either party provides the other party with at least sixty (60) days notice ofi its intent not to renew the Agreement att the expiration of the then current term. Thel Initial Term and any renewal term are herein collectively referred to ast the' "Term". During the Term, Armstrong may terminate this Agreement at any time with thirty (30) days written notice tot the Subscriber if: () Subscriber: fails toj paya any Fee duei in a timely manner; (ii). Armstrong loses its franchise int the area where Subscriber is located or int the event that Armstrong nol longer offers the Services within the area where Subscriber isl located; (i) 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) the balance oft the amount due to Armstrong for thei remainder oft the then-current Term of the Agreement; or (iv) any change occurs in any applicable law that affects Armstrong's ability to perform its obligations under this Agreement. 5.1 EQUIPMENT. Upon termination of this Agreement, Subscriber will return the Armstrong equipment to Armstrong in the same condition as when installed, normal wear and tear excepted. IfSubscriber: failst tor retumt the Armstrong equipment, Subscriber willl be chargedaf fee toi replace the Armstrong equipment. Int the event of expiration ort termination of this Agreement, Armstrong willl have the option to remove all or any: portion oft the Armstrong 6.NO RESALEASIGNMENT: 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 USESUBSCRIPTIONTIONINSTALLATION AGREEMENTS AND/OR USE POLICIES. THIS AGREEMENT WILL BECOME BINDING ONTHE PARTIES HERETO WHEN SIGNED BY SUBSCRIBER AND ACCEPTED, AND. APPROVED BY ARMSTRONG. ADDITONALTERMSAND increase the fees and/or rates applicable tot the Service(s). to, thes serviceability of Subscriber'sl location. equipment at the equipment location during normal business hours. this Agreement only with Armstrong'sp prior written consent. CONDITIONS CAN BEI FOUND. ATH htplarmstrongonewire.com/policies. IN WITNESS WHEREOF, thej 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 D Change: D Existing Account Number: Channel Partner: New: R 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 107 Woody Dr. Butler, PA 16001 BILLING ADDRESS (Attached as necessary) EQUIPMENT LOCATION (Attached as necessary) REPLASTERING OF MAIN POOL AT ALAMEDA WATERPARK, BUTLER COUNTY Sealed bids will be received for the RePlastering of the Main Pool at Alameda WaterPark in the office of Ben Holland, Butler County Controller, Floor 5, County Government Center, 124 West Diamond Street, whose mailing address is P.O. Box 1208, Butler, PA 16003, on or before 4:00 p.m., Tuesday, March 26, Allb bids willl bey publicly opened and read att the Public Meeting of the Butler County Board of Commissioners on Wednesday,March 27, 2024, at 10:00 a.m. inf the First Floor Publicl Meeting Room oft the Butler County AI Non-Mandatory Pre-Bid Conference will be held on site at 11:00 a.m., on Wednesday March 20, 2024. All Bids must be plainly marked "BID - Replaster. Alameda Waterpark." Government Center located at 124 West Diamond Street, Butler, PA 16001. 2024, at Alameda Park, 184 Alameda Park Road, Butler, Pa., at the Pool Site. Bids will be received for the following work: The General Construction Package includes buti is not limited to: removal of existing plaster within the main pool area and re-plastering of the main pool area at Alameda Park Pool. All work for this project will be completed by May 17,2024. A certified check or bank draft, payable to the County of Butler, negotiable U.S. Government Bond (at par value or a satisfactory bid bond) executed by the bidder and an acceptable surety, in an amount equal to at least ten percent (10%) of thet total bid of this project, shall be submitted with each bid. The successful bidder will be required to submit a 100% performance bond, a 100% labor and materials This project is subject to the Pennsylvania Prevailing Wage Act of 1961, approved August 15, 1961, P.L. 987, as amended and reference is made to the prevailing minimum wage rates applicable to this project Copies of the Contract Documents may be obtained by depositing $150.00 with Integrated Aquatics Engineering Corp., 700 W. State St., Ste 200 Doylestown, PA 18901 215-230-8623) for each set of Documents sO obtained. Seventy-five dollars ($75.00) ofs said deposit will be returned to each person who submits a Bona-Fide Bid and returns the Contract Documents (the Drawings and Project Manual) in good A copy of the Bid Documents will be available for review at the office of the Butler County Park and Recreation Department, 184 Alameda Park Road, Butler, PA 16001, Butler, during regular business hours. Butler County reserves the right to accept or reject any or all Bids, or any part of a Bid, and to waive informalities, and to award the Bid in the best interest of Butler County. No Bid may be withdrawn for thirty payment bond and a 10% maintenance bond. which have been promulgated by the Secretary of Labor and Industry. condition within five (5) days after the date of submitting Bids. (30) days following the scheduled closing time for the receipt of Bids. Board of County Commissioners Leslie A. Osche, Chairman Kimberly D. Geyer, Vice Chairman Kevin E. Boozel, M.S. Secretary ATTEST: Lori Altman Human Resources Director/Chief Clerk Integrated Aquatics Engineering, Corp. INVITATION FOR BID IFB-1 March 2024 GANNETT FLEMING, INC. 554 South Erie Street Mercer, PA 16137 Office: (724)269-5168 CONSULTING SERVICES AGREEMENT (Short-Form) DATE: March 11,2024 CLIENT: Butler County Parks and Recreation 184 Alameda Park Road Butler, PA 16001 PROJECTNAME: Connoquenessing Park Improvements PROJECTLOCATION: Connoquenessing Borough, Butler County, PA Thomas L. Thompson, P.E. GFI REPRESENTATIVE: (Phone)7 724.269.5168 Lance Welliver BUTLER COUNTY. PARKS AND RECREATION REPRESENTATIVE: (Phone) 724-284-5383 SCOPE OF SERVICES: Services to be provided by GF are described on attached page(s) SS-1 through SS-2, SCHEDULE: Services will commence on March 21, 2024 and will be completed by December 31, 2025. COMPENSATION: Billings for services will be based either upon: X Firm fixed price of $10,000.00; OR Cost reimbursement, computed as follows: For personnel billings, payroll cost multiplied by a factor ofl ]to cover overhead and profit. Payroll costis defined as direct salary paid to employees, plus an allowance to cover payroll-related costs such as Social Security, Workers' Compensation, Unemployment Compensation Insurance, health insurance, holidays, vacations, and sick leave; OR Cost reimbursement, in accordance with attached Schedule of hourly rates dated 2024. Direct expenses will be billed at cost. GANNETT FLEMING CONSULTING SERVICES AGREEMENT- Short Form (Continued) CLIENT RESPONSIBILITIES: Client will provide the following, and bear the costs therefor: a. Name a person to act as Client's representative with respect to the services to be provided under this Agreement. Such person should have complete authority to transmit instructions, receive information, and interpret and define Client's policies and decisions with respect to Gannett Fleming'ss services. b. Assist Gannett Fleming by furnishing to us and placing at our disposal all available information pertinent to the Project; all of which Gannett Fleming may rely uponi in performing its services. Arrange for access to and make provisions for Gannett Fleming to enter upon property as required for us to perform our services. STANDARD TERMS AND CONDITIONS: This agreement is subject to the Standard Terms and Conditions attached as Pages ST-1-ST-3. SPECIAL TERMS AND CONDITIONS: None ACCEPTANCE/AUTHORIZATION TOI PROCEED by the Client and Gannett Fleming is authorized to GANNETT FLEMING, INC. The terms and conditions of this agreement are accepted Submitted By: Daniel. J.C Goncz, P.E. proceed with the work as described. Title: Vice-President Accepted by Authorized Officer: By: Authorized Representative 1 Printed Name: Title: Date: Printed Name: DanielJ.Goncz, P.E. Title: Vice-President Date: March 11,2024 not accepted within 60 days.) (This agreement may be withdrawn by Gannett Fleming if Client gumemwrcmatiysmesnkgmwdmaSant Form 02023 Gannett Fleming, Inc.; Rev. 01.25.2023 I2 GANNETT FLEMING 554 South Erie Street Mercer, PA 16137 P724.269.5168 thompson@ginetcom: gannettleming.com March 11, 2023 Mr. Lance Welliver, Director Butler County Parks and Recreation 184 Alameda Park Road Butler, PA 16001 Subject: Connoquenessing Borough Park Playground improvements Dear Mr. Welliver: Pursuant to your request, Gannett Fleming is pleased to submit the following scope of engineering services relative to the Department of Conservation and Natural Resources (DCNR) development projected located in connoquenessing, Butler County, Pennsylvania. Gannett Fleming anticipates performing the following tasks: Task No. 1: Design Phase The specific Work Plan is described as follows: Utilize the PA One-Call system to contact utility companies operating in the project area to obtain maps showing the general location of their facilities. Prepare base mapping for the project area from existing information and Prepare design drawings and miscellaneous detail plans for the development Construction specifications shall be prepared in conformance with Construction Specifications Institute (CSI) format and be in accordance with data provided by the utility companies. within the park. industry standards. Mr. Lance Welliver, Director March11,2023 Page2 2 Prepare Department of Conservation and Natural Resources certificates Prepare for review and approval by the County, its legal counsel and other advisors, general and supplementary conditions, bid forms, advertisements for bids and instructions to bidders, and assist in the preparation of other Two (2) copies of the above documents and the final design drawings (11x17) applicable to design. related documents. and specifications will be furnished to the County. Task No. 2-1 Bid Phase Gannett Fleming will assist the County in the Bid Phase by distributing copies of the Contract Documents to interested and prospective bidders through the County's advertisement for the receipt of bids. Gannett Fleming will answer inquiries made by prospective bidders and equipment suppliers during the Bid Phase and will also perform the following specific tasks: Preparation of an Advertisement for Bids for the County to place in a local newspaper. The County shall be responsible for advertising costs. Reproduction of the Bid Documents, including the drawings and Technical Specifications for distribution to prospective bidders. Gannett Fleming will make plans and specifications available to prospective bidders and to plan Attendance at the Pre-Bid Meeting and the preparation of a report regarding holder agencies. the bids received. Task No. 3: Construction Phase performing the following tasks: Gannett Fleming will assist the County during the Construction Phase by GANNETT FLEMING Mr. Lance Welliver, Director March 11, 2023 Page 2 Conduct a preconstruction conference with representatives of all utilities, appropriate agencies, contractor, Borough to insure intent of the contract. Review shop drawings and material certifications for conformance with design and contract documents. Review and approve the contractor's request(s) for payment. Prepare routine change orders. Gannett Fleming proposes to provide the aforementioned engineering services in accordance with the Rate Schedule and Standard Terms and Conditions attached for the lump sum prices noted below: Task No. 1-[ Design Phase Task No. 2-E Bid Phase Task No. 3- Construction Phase $5,000 $2,000 $3,000 $10,000 Totals If you have any questions, or desire any additional information, please do not hesitate to contact us. Sincerely, GANNETT FLEMING, INC. La Ay THOMAS L. THOMPSON, P.E. Senior Project Manager GANNETT FLEMING GANNETT FLEMING STANDARD TERMS AND CONDITIONS receivables due more than 30 days, the Client agrees to pay the fees imposed by such collection agency or attorney, as well any other costs of collection. S.INDEMNIFICATION The Client shall indemnify, defend, and hold harmless Gannett Fleming, its affiliates, independent professional associates, consultants and employees from and against all claims, damages, losses, and expenses, including, but not limited to, fees and charges of attorneys and court and arbitration costs arising out of or resulting from the project, or claims against Gannett Fleming arising from the work of others, unless the claims, damages, losses, or expenses result from the proven negligence of Gannett Fleming. This indemnification shall not be limited in amount or type of damages, compensation or benefits payable under workers' compensation acts, disability benefit acts, or other employee benefit acts. 6. ALLOCATION OF RISK The Client hereby agrees, to the fullest extent permitted by law, that the allocation of risk for Gannett Fleming's totall liability to the Client for any and alli injuries, claims, losses, expenses, or damages whatsoever, arising out of ori in any way related to Gannett Fleming's services under this Agreement, including, but not limited to negligence, errors, omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the amount of Gannett Fleming's fees or $25,000, whichever isl less. During the entire service period covered by this Agreement, Gannett Fleming will procure and maintain thet following insurance coverages: (A) Workers' Compensation and Employers Liability Coverage Statutory Limits (B) Commercial General Liability including Contractual Liability $1,000,000 Combined Single Limit. (C) Commercial Automobile Liability $1,000,000 Combined Single Limit. (D) Professional Liability Insurance- -$1,000,000 8. CLIENT PARTICIPATION The Client's personnel directly ori indirectlyi involved int this Agreement shall participate as the Client's employees. Gannett Fleming assumes nol liability for claims related to injury to such employees. 9. ACCESS The Client shall arrange for and guarantee access to and make all provisions for Gannett Fleming to enter upon public and private property as required for Gannett This schedule describes Gannett Fleming's Standard Terms and Conditions for professional: services. Proposal cost estimates are valid for 30 days from the date of the proposal, unless an alternate period is specified therein. Acceptance ofa a proposal byt the Client constitutes a valid and binding contract subject to the following terms and This Agreement, including the written proposal and any attachments thereto, ist the complete agreement between the Client and Gannett Fleming. No other document shall bep part oft this Agreement unless specifically agreed tol by the Client and Gannett Fleming in writing. 2. STANDARD OF CARE All services will be provided in a manner consistent with that degree of care and skill ordinarily exercised by members oft the same profession currently providing the same ors similar services under similar circumstances and in accordance with applicable standards in effect at the time services are provided. OTHER THAN AS EXPRESSLY AGREED, GANNETT FLEMING PROVIDES NO WARRANTY, EITHER EXPRESS OR IMPLIED, OR GUARANTEES REGARDING THE OUTCOME OF ITS SERVICES. 3. CLIENT RESPONSIBILITIES By virtue of entering into this Agreement and providing the described services, Gannett Fleming does not assume responsibility for any conditions att the Client's site(s) that may present a danger, either potential or real, to health, safety, or the environment. Moreover, the Client hereby agreest thati itist the Client's responsibilityt tor notifya any and all appropriate federal, state, or local authorities, as required by law, of the existence of any such potential or real danger and otherwise to disclose to all appropriate ora affectedi individuals ore entities, ina at timely manner, any information that may be necessary to prevent any danger tol health, safety, or the environment. 4. PAYMENT TERMS Invoices will be rendered to the Client (check one): D upon completion or D on a monthly basis. Invoices are due and payable upon receipt. Any questions regarding the invoiced terms or amounts shall be addressed to Gannett Fleming within 30 days oft the date oft thei invoice. Otherwise, the invoice shall be considered correct, payable, and not disputed byt the Client. Ift the invoice is not paidi inf full within 30 days after the date oft the invoice, the Client further agrees to payi interest of 1% per month (compounded) from the date of invoice on the unpaid balance until thei invoice is paidi ini full. IfGannett Fleming retains a collection agency or attorney to collect conditions. 1. AGREEMENT DOCUMENTS 7. INSURANCE Fleming to performi its services. ST-1 10. UNKNOWN CONDITIONS, DELAY AND EXTRA The measures for providing the services described int this Agreement were developed to accommodate existing conditions at the site and constitute the best assessment byG Gannett Fleming oft ther means top perform thes services. Should Gannett Fleming determine that, due to conditions unknown by Gannett Fleming on the date of scheduled services, the measures for preparation and for providing the services described in this Agreement will not fulfill the requirements of the assignment, Gannett Fleming will notify the Client. Such notification will include a description of the conditions, a recommendation as to the measures to accommodate such conditions, anda a cost estimate, ifapplicable. Should the Client decide not to carry out such recommended measures, this Agreement will be subject to revision or, if appropriate, termination upon payment of services All reports, original final reproducible drawings, plans, specifications, calculations, studies, software program tapes, models, notes, and memoranda assembled or prepared by Gannett Fleming pursuant tot this Agreement are instruments of service in respect to the Project, and Gannett Fleming shall retain full ownership and property interest therein, whether or not the Project is completed. The Client may, upon full payment for all services rendered, make and retain copies for information and reference in connection with the Project; however, such documents are noti intended or represented tol bes suitable for re-use by the Client or others on extensions of the Project or on any other project. Any modification, changes, or reuse without written verification or adaptation by Gannett Fleming for the specific purpose intended will be at the Client's sole risk and without liability or legal exposure to Gannett Fleming, and the Client agrees to indemnify and hold harmless Gannett Fleming against any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions, and damages whatsoever arising out of or resulting therefrom. Any such verification or adaptation will entitle Gannett Fleming to further compensation at rates to be agreed upon by the Client and Gannett Fleming. 12. MISCELLANEOUS All Gannett Fleming's services under this Agreement are intended solely for the Client's benefit. Nothing contained herein shall confer any rights upon or create any duties on the part of Gannett Fleming toward any person or persons not a party to this Agreement, including, but not limited to, the Client's contractors, subcontractors, suppliers, agents, insurers, or sureties. Gannett Fleming is not responsible for the safety of any party at the worksite who is not under Gannett Fleming's Appropriate and reasonable additional services (not already stipulated in this Agreement) will be provided if authorized by the Client and agreed to by Gannett Fleming. Such additional services will be provided for additional compensation agreed to at the time the services are authorized. Gannett Fleming will, atr mutually agreed upon rates, provide assistance: to and on behalf of the Client, in the form of technical information, analysis, and expert witnesses in claims and/or litigation in connection with this Agreement, including any claims or litigation brought by the Client against third parties or brought against the Client by third parties. 14. PROPERTY RIGHTS All Intellectual Property rights to any tangible property and tangible work products created by Gannett Fleming pursuant to or in the course of this Agreement shall belong exclusively to Gannett Fleming, as well as all systems, programs, and specifications, and other materials and hardware ori ideas, concepts, know-how, or techniques relating to data processing, systems, or programs developed and used by Gannett Fleming herein. The same shall continue to belong exclusively to Gannett Fleming whether or not specifically adapted for the Client's use. Nothing herein precludes development and marketing by Gannett Fleming of any competitive system, program, data processing materials, or other Intellectual Property, irrespective of whether same are similar or related to that developed or incorporated for the Client pursuant to this Agreement. The Client is granted a personal, nonexclusive, nontransferable license to use thes software, data, and related materials based on the terms and conditions of this Agreement. 15. CONSEQUENTIAL DAMAGES The Client hereby agrees that to the fullest extent permitted by law Gannett Fleming shall not be liable to the Client for any special, indirect, or consequential damages whatsoever, whether caused by Gannett Fleming's negligence, errors, omissions, strict liability, breach of contract, breach of warranty, or other cause or causes whatsoever, including, but not limited to, delay of use of equipment or facility, loss of profit or revenue, or cost of using alternative or replacement equipment or Any claim, controversy, or dispute between the parties to this Agreement arising out of or in connection with this Agreement, or any! breacht thereof, shall, upon the request of either party, be submitted tot thes senior officers of each party responsible for this Agreement. In the event that thes senior officers cannot agree, either party may request mediation and, if both parties agree, the matter shall be submitted to mediation. Upon written notice, the parties shalls select a mediator acceptable tol both partiesi in order to resolve the dispute. Any suits brought under this Agreement or in any way arising out of this Agreement must! bet filed within oney yeart from thet time mediation was WORK CHARGES rendered to date. 11.RE-USE OF DOCUMENTS facilities. 16. DISPUTES direct control. 13. ADDITIONAL SERVICES ST-2 terminated unsuccessfully or from the time the cause of action arose (if no mediation is undertaken) or its shall be 17. TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon thirty (30) days written notice, byr mutualconsent ori int the event of substantial failure by the other party to perform ina accordance with the terms of the Agreement through no fault of the terminating party. The Client may terminate this Agreement for its convenience, iny whole or in part, by thirty (30) days written notice to Gannett Fleming specifying the extent to which performance of services is terminated and the date upon which such termination becomes effective. 18. COMPENSATION UPON TERMINATION Int the event oftermination byt the Client, Gannett Fleming shall be paid for unbilled services, including expenses, rendered to the date of termination. Int the event of any such termination, Gannett Fleming shall also be paid for all reasonable termination expenses, lost revenue, and lost profits. Termination expenses" means expenses attributable to termination, including termination settlement costs incurred by Gannett Fleming relating to commitments that had become firm prior to termination. Overtime willl be billed ata a premium rate of 1.51 times the straight direct labor rate for employees subject to premium overtime for project time in excess of the standard work day established for the project, Monday through Friday, andi for work on weekends and holidays. ** End of Standard Terms and Conditions time barred. 19. OVERTIME ST-3 GANNETT FLEMING, INC. 554 South Erie Street Mercer, PA 16137 Office: (724)269-5168 CONSULTING SERVICES AGREEMENT (Short-Form) DATE: March 11,2024 CLIENT: Butler County Parks and Recreation 184 Alameda Park Road Butler, PA 16001 PROJECT: NAME: Harmony Borough Park Improvements PROJECTI LOCATION: Harmony Borough, Butler County, PA Thomas L. Thompson, P.E. GFI REPRESENTATIVE: (Phone) 724.269.5168 Lance Welliver BUTLER COUNTY PARKS AND RECREATION REPRESENTATIVE: (Phone) 724-284-5383 SCOPE OF SERVICES: Services to be provided by GF are described on attached page(s) SS-1 through SS-2, SCHEDULE: Services will commence on March 21, 2024 and will be completed by December 31, 2025. COMPENSATION: Billings for services will be based either upon: X Firm fixed price of $10,000.00; OR Cost reimbursement, computed as follows: Forp personnel billings, payroll cost multiplied by a factor ofl ]to cover overhead and profit. Payroll costi is defined as direct salary paid to employees, plus an allowance to cover payroll-related costs such as Social Security, Workers' Compensation, Unemployment Compensation Insurance, health insurance, holidays, vacations, and sick leave; OR Cost reimbursement, in accordance with attached Schedule of hourly rates dated 2024. Direct expenses will be billed at cost. GANNETT FLEMING CONSULTING SERVICES AGREEMENT Short Form/(Continued) CLIENT RESPONSIBILITIES: Client will provide the following, and bear the costs therefor: a. Name a person to act as Client's representative with respect to the services to be provided under this Agreement. Such person should have complete authority to transmit instructions, receive information, and interpret and define Client's policies and decisions with respect to Gannett Fleming'ss services. b. Assist Gannett Fleming by furnishing to us and placing at our disposal all available information pertinent to the Project; all of which Gannett Fleming may rely upon in performing its services. Arrange for access to and make provisions for Gannett Fleming to enter upon property as required for us to perform our services. STANDARD TERMS AND CONDITIONS: This agreement is subject toi the Standard Terms and Conditions attached as Pages ST-1-ST-3. SPECIAL TERMS AND CONDITIONS: None ACCEPTANCE/AUTHORIZATION TO PROCEED by the Client and Gannett Fleming is authorized to GANNETT FLEMING, INC. Title: Vice-President Accepted by Authorized Officer: The terms and conditions of this agreement are accepted Submitted By: Daniel J.Goncz, P.E. proceed with the work as described. By: Authorized Representative Printed Name: Title: Date: Printed Name: DanielJ J.Goncz, P.E. Title: Vice-President Date: March 11, 2024 not accepted within 60 days.) (This agreement may be withdrawn by Gannett Fleming if Client y-s.cmAsmeywmdmwtlen 0: 2023 Gannett Fleming, Inc; Rev. 01.25.2023 12 GANNETT FLEMING 554 SouthE Erie Street Mercer, PA 16137 P724.269.5168 thompson@ghnetcom: gannettleming.com March 11, 2023 Mr. Lance Welliver, Director Butler County Parks and Recreation 184 Alameda Park Road Butler, PA 16001 Subject: Harmony Borough Park Playground Improvements Dear Mr. Welliver: Pursuant to your request, Gannett Fleming is pleased to submit the following scope of engineering services relative to the Department of Conservation and Natural Resources (DCNR) development projected located in Harmony Borough, Butler County, Pennsylvania. Gannett Fleming anticipates performing the following tasks: Task No. 1: Design Phase The specific Work Plan is described as follows: Utilize the PA One-Call system to contact utility companies operating in the project area to obtain maps showing the general location of their facilities. Prepare base mapping for the project area from existing information and Prepare design drawings and miscellaneous detail plans for the development Construction specifications shall be prepared in conformance with Construction specifications Institute (CSI) format and be in accordance with data provided by the utility companies. within the park. industry standards. Mr. Lance Welliver, Director March 11, 2023 Page2 Prepare Department of Conservation and Natural Resources certificates Prepare for review and approval by the County, its legal counsel and other advisors, general and supplementary conditions, bid forms, advertisements for bids and instructions to bidders, and assist in the preparation of other Two (2) copies of the above documents and the final design drawings (11x17) applicable to design. related documents. and specifications will be furnished to the County. Task No. 2- Bid Phase Gannett Fleming will assist the County in the Bid Phase by distributing copies of the Contract Documents to interested and prospective bidders through the County's advertisement for the receipt of bids. Gannett Fleming will answer inquiries made by prospective bidders and equipment suppliers during the Bid Phase and will also perform the following specific tasks: Preparation of an Advertisement for Bids for the County to place in a local newspaper. The County shall be responsible for advertising costs. Reproduction of the Bid Documents, including the drawings and Technical Specifications for distribution to prospective bidders. Gannett Fleming will make plans and specifications available to prospective bidders and to plan Attendance at the Pre-Bid Meeting and the preparation of a report regarding holder agencies. the bids received. Task No. 3: Construction Phase performing the following tasks: Gannett Fleming will assist the County during the Construction Phase by GANNETT FLEMING Mr. Lance Welliver, Director March 11, 2023 Page2 2 Conduct a preconstruction conference with representatives of all utilities, appropriate agencies, contractor, Borough to insure intent of the contract. Review shop drawings and material certifications for conformance with design and contract documents. Review and approve the contractor's request(s) for payment. Prepare routine change orders. Gannett Fleming proposes to provide the aforementioned engineering services in accordance with the Rate Schedule and Standard Terms and Conditions attached for the lump sum priçes noted below: Task No. 1- Design Phase Task No. 2-1 Bid Phase Task No. 3- Construction Phase $5,000 $2,000 $3,000 $10,000 Totals If you have any questions, or desire any additional information, please do not hesitate to contact us. Sincerely, GANNETT FLEMING, INC. La THOMAS L. A Senior Project Manager GANNETT FLEMING GANNETT FLEMING STANDARD TERMS AND CONDITIONS receivables due more than 30 days, the Client agrees to pay the fees imposed by such collection agency or attorney, as well any other costs of collection. 5. INDEMNIFICATION The Client shall indemnify, defend, and hold harmless Gannett Fleming, its affiliates, independent professional associates, consultants and employees from and against all claims, damages, losses, and expenses, including, but not limited to, fees and charges of attorneys and court and arbitration costs arising out of or resulting from the project, or claims against Gannett Fleming arising from thev work of others, unless the claims, damages, losses, or expenses result from the proven negligence of Gannett Fleming. This indemnification shall not be limited in amount or type of damages, compensation or benefits payable under workers' compensation acts, disability benefit acts, or other employee benefit acts. 6. ALLOCATION OF RISK The Client hereby agrees, to the fullest extent permitted by law, that the allocation of risk for Gannett Fleming's total liability to the Client for any and all injuries, claims, losses, expenses, or damages whatsoever, arising out of ori in any way related to Gannett Fleming's services under this Agreement, including, but not limited to negligence, errors, omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the amount of Gannett Fleming's fees or $25,000, whichever is less. During the entire service period covered by this Agreement, Gannett Fleming will procure and maintain thet following insurance coverages: (A) Workers' Compensation and Employers Liability Coverage Statutory Limits (B) Commercial General Liability including Contractual Liability $1,000,000 Combined Single Limit. (C) Commercial Automobile Liability - $1,000,000 Combined Single Limit. (D) Professional Liability Insurance $1,000,000 8. CLIENT PARTICIPATION The Client's personnel directly ori indirectly involved int this Agreement shall participate as the Client's employees. Gannett Fleming assumes nol liability for claims related to injury to such employees. 9. ACCESS The Client shall arrange for and guarantee access to and make all provisions for Gannett Fleming to enter upon public and private property as required for Gannett This schedule describes Gannett Fleming's Standard Terms and Conditions for professional services. Proposal cost estimates are valid for 30 days from the date of the proposal, unless an alternate period is specified therein. Acceptance ofap proposal byt the Client constitutes a valid and binding contract subject to the following terms and This Agreement, including the written proposal and any attachments thereto, ist the complete agreement between the Client and Gannett Fleming. No other document shall be part of this Agreement unless specifically agreed to by the Client and Gannett Flemingi in writing. 2. STANDARD OF CARE All services will be provided in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently providing the same or similar services under similar circumstances and ina accordance with applicable standards in effect at the time services are provided. OTHER THAN AS EXPRESSLY AGREED, GANNETT FLEMING PROVIDES NOI WARRANTY, EITHER EXPRESS OR IMPLIED, OR GUARANTEES REGARDING THE OUTCOME OF ITS SERVICES. 3. CLIENT RESPONSIBILITIES By virtue of entering into this Agreement and providing the described services, Gannett Fleming does not assume responsibility fora any conditions at1 the Client's site(s) that may present a danger, either potential or real, to health, safety, or the environment. Moreover, the Client hereby agrees thati itist the Clientsresponsiblity to notifya anya and all appropriate federal, state, or local authorities, as required byl law, of the existence of any such potential or real danger and otherwise to disclose to all appropriate ora affected individuals or entities, ina at timely manner, any information that may! be necessaryt to prevent any danger tol health, safety, or the environment. 4.PAYMENT TERMS Invoices will be rendered to the Client (check one): D upon completion or D on a monthly basis. Invoices are due and payable upon receipt. Any questions regarding the invoiced terms or amounts shall be addressed to Gannett Fleming within 30 days oft the date oft thei invoice. Otherwise, the invoice shall be considered correct, payable, and not disputed by the Client. Ift the invoice is notp paidi inf fullwithin 30 days aftert the date oft the invoice, the Client further agrees to payi interest of 1% per month (compounded) from the date of invoice on the unpaid balance until the invoice isp paidi int full. IfGannett Fleming retains a collection agency or attorney to collect conditions. 1. AGREEMENT DOCUMENTS 7. INSURANCE Fleming to perform its services. ST-1 10. UNKNOWN CONDITIONS, DELAY AND EXTRA The measures for providing the services described in this Agreement were developed to accommodate existing conditions at1 the site and constitute the best assessment by Gannett Fleming oft ther means to perform the services. Should Gannett Fleming determine that, due to conditions unknown by Gannett Fleming on the date of scheduled services, the measures for preparation and for providing the services described in this Agreement will not fulfill the requirements of the assignment, Gannett Fleming will notify the Client. Such notification will include a description of the conditions, a recommendation as to the measures to accommodate suchconditions, anda cost estimate, ifapplicable. Should the Client decide not to carry out such recommended measures, this Agreement will be subject to revision or, if appropriate, termination upon payment of services All reports, original final reproducible drawings, plans, specifications, calculations, studies, software program tapes, models, notes, and memoranda assembled or prepared by Gannett Fleming pursuant to this Agreement are instruments of service in respect to the Project, and Gannett Fleming shall retain full ownership and property interest therein, whether or not the Project is completed. The Client may, upon full payment for all services rendered, make and retain copies for information and reference in connection with the Project; however, such documents are noti intended orr represented tol bes suitable for re-use by the Client or others on extensions of the Project or on any other project. Any modification, changes, or reuse without written verification or adaptation by Gannett Fleming for the specific purpose intended will be at the Client's sole risk and without liability or legal exposure to Gannett Fleming, and the Client agrees to indemnify and hold harmless Gannett Fleming against any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions, and damages whatsoever arising out of or resulting therefrom. Any such verification or adaptation will entitle Gannett Fleming to further compensation at rates to be agreed upon! by the Client and Gannett Fleming. 12. MISCELLANEOUS All Gannett Fleming's services under this Agreement are intended solely for the Client's benefit. Nothing contained herein shall confer any rights upon or create any duties on the part of Gannett Fleming toward any person or persons not a party to this Agreement, including, but not limited to, the Client's contractors, subcontractors, suppliers, agents, insurers, or sureties. Gannett Fleming is not responsible for the safety of any party at the worksite who is not under Gannett Fleming's Appropriate and reasonable additional services (not already stipulated in this Agreement) will be provided if authorized by the Client and agreed to by Gannett Fleming. Such additional services will be provided for additional compensation agreed to at the time the services are authorized. Gannett Fleming will, at mutually agreed upon rates, provide assistance to and on behalf of the Client, in the form of technical information, analysis, and expert witnesses in claims and/or litigation in connection with this Agreement, including any claims or litigation brought by the Client against third parties or brought against the Client by third parties. 14. PROPERTY RIGHTS All Intellectual Property rights to any tangible property and tangible work products created by Gannett Fleming pursuant to or in the course of this Agreement shall belong exclusively to Gannett Fleming, as well as all systems, programs, and specifications, and other materials and hardware ori ideas, concepts, know-how, or techniques relating to data processing, systems, or programs developed and used by Gannett Fleming herein. The same shall continue to belong exclusivelyt to Gannett Fleming whether or not specifically adapted for the Client's use. Nothing herein precludes development and marketing by Gannett Fleming of any competitive system, program, data processing materials, or other Intellectual Property, irrespective of whether same are similar or related to that developed or incorporated for the Client pursuant to this Agreement. The Client is granted a personal, nonexclusive, nontransferable license to use the software, data, and related materials based on thei terms and conditions oft this Agreement. 15. CONSEQUENTIAL DAMAGES The Client hereby agrees that to the fullest extent permitted by law Gannett Fleming shall not be liable to the Client for any special, indirect, or consequential damages whatsoever, whether caused by Gannett Fleming's negligence, errors, omissions, strict liability, breach of contract, breach of warranty, or other cause or causes whatsoever, including, but not limited to, delay of use of equipment or facility, loss of profit or revenue, or cost of using alternative or replacement equipment or Any claim, controversy, or dispute between the parties to this Agreement arising out of or in connection with this Agreement, or any! breach thereof, shall, upont the request ofe either party, bes submitted to the senior officers ofe each party responsible for this Agreement. In the event that the senior officers cannota agree, either party may request mediation and, if both parties agree, the matter shall be submitted to mediation. Upon written notice, the parties shalls selecta mediator acceptable tot both parties in order to resolve the dispute. Any suits brought under this Agreement or in any way arising out of this Agreement must! bet filed within oney year from the time mediationwas WORK CHARGES rendered to date. 11. RE-USE OF DOCUMENTS facilities. 16. DISPUTES direct control. 13. ADDITIONAL SERVICES ST-2 terminated unsuccessfully or from the time the cause of action arose (if no mediation is undertaken) ori it shall be 17. TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon thirty (30) days written notice, by mutual consent ori inthe event of substantial failure by the other party to perform ina accordance with the terms of the Agreement through no fault of the terminating party. The Client may terminate this Agreement fori its convenience, inv whole or in part, by thirty (30) days written notice to Gannett Fleming specifying the extent to which performance of services is terminated and the date upon which such termination becomes effective. 18. COMPENSATION UPON TERMINATION Int thee event oftermination by the Client, Gannett Fleming shall be paid for unbilled services, including expenses, rendered to the date of termination. Ini the event of any such termination, Gannett Fleming shall also be paid for all reasonable termination expenses, lost revenue, and lost profits. Termination expenses" means expenses attributable to termination, including termination settlement costs incurred by Gannett Fleming relating to commitments thath had become firm prior to termination. Overtime will be billed at a premium rate of1 1.5 times the straight direct labor rate for employees subject to premium overtime for project time in excess of the standard work day established for the project, Monday through Friday, and for work on weekends and holidays. *** End of Standard Terms and Conditions*** time barred. 19. OVERTIME ST-3 2024 Local Park Renovation Grants Awarded 2024 Grants Awarded Grants are shaded in RED Adams Township Total Project Cost Local Share Project Bruin Borough Total Project Cost Local Share Project Buffalo Township Total Project Cost Local Share Project Butler Township Total Project Cost Local Share Project Requested County Funding CenterTownship Total Project Cost Local Share Project Chicora Borough new! basketball backboards. Total Project Cost Local Share Project Requested County Funding Clay Township Park. Total Project Cost Local Share Project Clinton Township Total Project Cost Local Share Project This project will include the removal of basketball courts and installation of new parking areas. The existing basketball courts willl be relocated ar new area of the park. Requested County Funding $ 7,500.00 kitchen, lighting fixtures and picnic tables. Requested County Funding $7,125.00 $ 12,500.00 $5,000.00 This project will include the purchase and installation repairs and updates to the large pavilion, replacement door to the $ 9,500.00 2,375.00 This project will include purchase and installation of piping and surface material to the conjunction of the Tredway Trail and Three Rivers Trail as well as the Erie to Pittsburgh Trail. Requested County Funding $7,500.00 $_10,00.00 : 2,500.00 This project willi include updated lines to existing pickleball court, minor surfacing repairs and protective clear coat. $17,750.00 $10,250.00 7 7,500.00 This project will include the purchase and installation of new ADA areas next to ballfields and rebuilding of the access road due to erosion. CTAA will build retaining wall, removal of brush and extension of paved parking area. $13,960.00 $ 6,460.00 Requested County Funding $7,500.00 This project will include purchase and installation of engineered wood fiber to addi toi the existing playground as well as $ 1 12,270.00 4,770.00 7,500.00 This project includes the purchase and renovation oft the existing basketball court surfacing at Clay Township Community $ 8,985.00 $ 2,223.75 Requested County Funding $ 6 6,761.25 This project includes the purchase and installation of the new security equipment in Spring' Valley Park. $1 10,300.00 $2,800.00 1 Requested County Funding $ 7,500.00 Connoquenessing Borough seating. Total Project Cost Local Share Project CranberryTownship Park. Total Project Cost Local Share Project East Butler Borough Total Project Cost Local Share Project Requested County Funding Eau Claire Borough Total Project Cost Local Share Project Requested County Funding Evans City Borough as ar new drainage system. Total Project Cost Local Share Project Fairview Township township building. Total Project Cost Local Share Project Forward Township Total Project Cost Local Share Project Harmony Borough and playground equipment. Total Project Cost Local Share Project This project in addition to a previously awarded DCNR grant will purchase additional playground equipment and log bench 15,452.00 $ 7,952.00 Requested County Funding $ 7,500.00 This project includes the removal and replacement of the concrete pad at the Jaycee Shelter in Cranberry Community $22,000.00 $14,500.00 Requested County Funding $7,500.00 This project will include the removal, purchase andi installation ofs safety netting surrounding the baseball field. $10,000.00 2,500.00 7,500.00 S 9,824.00 2,456.00 7,368.00 This project willi include the purchase and installation of engineered wood fiber to all playground areas. This project willi include the removal, purchase and installation on new: sidewalk and steps from the parking area as well 9,670.00 2,417.50 Requested County Funding $ 7,252.50 This project will include the removal, purchase andi installation of the ADA parking pad and catch basin, next to the $12,717.00 - 5,217.00 Requested County Funding - 7,500.00 This project will include be utilized as part of a DCNR Match for Ash Stop Road Park Engineering Services. This project will be used for the purchase and installation of paved walking trail, benches, trees, ADA parking area and launch area. $10,000.00 $ - 2,500.00 Requested County Funding $ 7 7,500.00 This project will include the match for the DCNR grant awarded for the purchase andi installation of new rubber fall surface $63,500.00 $56,000.00 Requested County Funding $7,500.00 2 Jefferson Township Total Project Cost Local Share Project Karns City Borough Total Project Cost Local Share Project Lancaster Township Total Project Cost Local Share Project Marion Township Total Project Cost Local Share Project Requested County Funding Middlesex Township Total Project Cost Local Share Project Requested County Funding Penn Township Total Project Cost Local Share Project Petrolia Borough Total Project Cost Local Share Project Saxonburg Borough Total Project Cost Local Share Project Slippery Rock Borough playground. Total Project Cost Local Share Project This project will include the removal and installation of a new electrical box unit to a new location in the maintenance room. In conjunction with a previously awarded DCNR grant to update the electrical. $ 10,750.00 $ 3,250.00 Requested County Funding $ 7,500.00 This project will include the removal, purchase and installation ofi fencing along the baseball and softball fields. $1 17,686.00 $10,186.00 Requested County Funding $ 7,500.00 This project will include the purchase and installation of a wind screen between the baseball and maintenance yard. $ 5,540.67 9 1,385.17 Requested County Funding $ 4,155.50 This project will include the purchase and installation of a gaga ball pit and concrete bean bag toss. 10,006.00 2,506.00 7,500.00 : 15,979.97 8,479.97 7,500.00 This project willi include purchase and installation of new swing sets and ADA access to the playground area. This project includes the purchase and installation of drainage system for the new construction at Harcest Park. This is in conjunction with al DCNR grant from 2019. Requested County Funding $ 7,500.00 $19,630.60 $1 12,130.60 This project willl be utilized for the installation of a new pickleball court at the community park. $14,911.50 $ 7,411.50 Requested County Funding $ 7,500.00 This project includes removal, purchase and installation of the roof at the shelter in Roebling Park. $14,800.00 7 7,300.00 Requested County Funding $7 7,500.00 This project includes matching funds to assist in the completion of the DCED walking trail and the ADA-inclusive $291,917.20 $284,417.20 Requested County Funding $ 7,500.00 3 Zelienople Borough Total Project Cost Local Share Project Requested County Funding This project includes removal, purchase and installation ofr new playground equipment. 2 21,681.00 14,181.00 7,500.00 4 pennsylvania DEPARTMENTOF CONSERVATION ANDNATURAL RESOURCES Commonwealth of Pennsylvania plepsdmpagowgans RESOLUTION PAGE DCNR-C2P2 Master Plan Applicant Information (* indicates required information) Applicant/Grantee Legal Name: BUTLER COUNTY COMMISSIONERS Web Application ID: 2011187 Project Title: Comprehensive Recreation, Park & Open Space Plan; Greenways & Trails Plan: Alameda Park WHEREAS, BUTLER COUNTY COMMISSIONERS ("Applicant") desires to undertake the project, Comprehensive Recreation, Park & Open Space Plan; Greenways & Trails Plan: Alameda Park Master Plan" ("Project Title"); and WHEREAS, the applicant desires to receive from the Department of Conservation and Natural Resources ("Department") WHEREAS, the application package includes a document entitled "Terms and Conditions of Grant" and WHEREAS, the applicant understands that the contents of the document entitled "Terms and Conditions of Grant," including appendices referred to therein, will become thet terms and conditions of a Grant Agreement between the agrant for the purpose of carrying out this project; and applicant and the Department if the applicant is awarded a grant; and NOW THEREFORE, it is resolved that: 1. The grant application may be electronically signed on behalf of the applicant by" "Kevin E. Boozel, M.S."who, at the time of signing, has a TITLE of" "Secretary" and the email address of' Kbore@cobuterpaur 2. Ifthis Official signed the Grant Application Electronic Authorization prior to the passage of this Resolution, this 3. Ifthe applicant is awarded a grant, the Grant Application Electronic Authorization, signed by the above Official, will become the applicantgrantees: executed signature page for the Grant Agreement, and the applicant/grantee. 4. Any amendment to the Grant Agreement may be signed on behalf of the grantee by the Official who, at the time of signing of the amendment, has the' "TITLE" specified inj paragraph 1 and the grantee will be bound by the ("Official"). grant of authority applies retroactively to the date of signing. will be bound by the Grant Agreement. amendment. Ihereby certify that this Resolution was adopted by the (identify the governing body oft the applicant, e.g. city council, borough counci, board ofs supervisors, boardo of directors) oft this applicant, this day of (signature oft the governing body -cannot bet the persony with the same title ass specifiedi inp paragraph1) (printed name) (title) pennsylvania DEPAHTMENTOF CONSERVATIDN ANDNATURAL AESOURCES RESOLUTION PAGE Commonwealth of Pennsylvania peappadmpagoyans DCNR-C2P2 Applicant Information (* indicates required information) Applicant/Grantee Legal Name: BUTLER COUNTY COMMISSIONERS Web Application ID: 2011188 WHEREAS, BUTLER COUNTY COMMISSIONERS ("Applicant") desires to undertake the project, "Butler County WHEREAS, the applicant desires to receive from the Department of Conservation and Natural Resources ("Department) WHEREAS, the application package includes a document entitled "Terms and Conditions of Grant" and WHEREAS, the applicant understands that the contents of the document entitled "Terms and Conditions of Grant," including appendices referred to therein, will become the terms and conditions of a Grant Agreement between the Project Title: Butler County Diamond Park Rehabilitation and Renovation Diamond Park Rehabilitation and Renovation" ("Project Title"); and ag grant for the purpose of carrying out this project; and applicant and the Department if the applicant is awarded a grant; and NOW THEREFORE, it is resolved that: 1. The grant application may be electronically signed on behalf of the applicant by" "Kevin E. Boozel, M.S."who, at the time of signing, has a' TITLE of" "Secretary" and the email address of' Kbore@tobuterpaus 2. Ifthis Official signed the Grant Application Electronic Authorization prior to the passage of this Resolution, this 3. Ifthe applicant is awarded a grant, the Grant Application Electronic Authorization, signed by the above Official, will become the applicantgrantee's executed signature page for the Grant Agreement, and the applicant/grantee 4. Any amendment to the Grant Agreement may be signed on behalf of the grantee by the Official who, at the time ofs signing of the amendment, has the' "TITLE" specified inj paragraph 1 and the grantee will be bound by the ("Official"). grant of authority applies retroactively to the date ofs signing. will be bound by the Grant Agreement. amendment. Ihereby certify that this Resolution was adopted by the (identify the governing body of the applicant, e.g. city council, borough council, board ofs supervisors, board of directors) of this applicant, this day of (signature oft the governing body- cannot bei the person with the same title as specified inp paragraph1) (printed name) (litle) 620.14 Decommissioning of Principal Solar Energy Systems and Wind Energy Facilities. 620.14.1 For this section, "facility" shall mean either a principal solar 620.14.2 The facility owner or operator shall submit with the land energy system or a wind energy facility. development application a Decommissioning Plan indicating that the owner or operator will, at its expense, complete decommissioning of the facility within 12 months after the end of the useful life of the facility. The facility will be presumed to be at the end ofi its useful life if no electricity is generated for a continuous period of 12 months. The facility owner or operator shall, at its expense, provide a report with their original application detailing proposed compliance with this ordinance Section 620.14.4 620.14.3 The Decommissioning Plan shall contain the following: 1. An Introduction describing in detail the proposed Principal Energy System, it types of components, 2. The System Decommissioning activities, who is responsible for the decommissioning and restoration activities, and compliance with all applicable federal, 3. The planned removal of all above and underground equipment and their planned salvage, recycling or disposal in compliance with all appliable regulations. 4. The planned site restoration back to its original 5. The planned removal and disposal or recycling of all hazardous materials used. 6. The plan for Stakeholder Notification. 7. The anticipated Decommissioning time to be capacity and location. state and local regulations. condition. completed. 620.14.4 Decommissioning shall include removal of solar panels or collectors, wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities. Disturbed earth shall be graded and re-seeded. 620.14.5 An independent and Pennsylvania certified professional engineer shall be retained by the facility owner or operator to estimate, certify and submit the total cost of decommissioning without regard to salvage value of the equipment "Decommissioning Costs") ond-he-costoldecommisioningmet salogevolveoHnee equipment-Ne-DecOmPISIORIngCesS- Said estimates shall be submitted to the county with the decommissioning plan and at every fifth-year anniversary thereafter of the date of approval of the land development plan. 620.14.6 The facility owner or operator shall post and maintain decommissioning funds in an amount equal to net the total costs ofdecommisioning. cesisprowided-na: Atno point shall decommissioning funds be less than the current estimate of net the total decommssioning costs. OFless-hen-25-0he-CURent slimaleoldecomisiening-coss: Prior to final approval, the decommissioning funds shall be posted and maintained with a bonding company or federal or Commonwealh chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the Commonweaih andis approved by the County. Decommissioning funds may be in thé form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assistance as may be acceptable to the County. (APPENDIXI) 620.14.7 Ifneither the facility owner nor operator complete decommissioning within the prescribed period, then the County may take such measures as necessary to complete decommisioning. The entry into and submission of evidence of ap participating Landowner Agreement (APENDIX lto the County shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the County may take such action as necessary to implement the decommissioning plan. 620.14.8 The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the county concurs that decommissioning has been satisfactorily completed, or upon written approval of the county in order to implement the decommissioning plan. APPENDIXI Bond No. DECOMMISSIONING BOND KNOW. ALL BYTHESE PRESENTS: That we, as Principal; and, (state) corporation duly authorized under the laws of the State of Pennsylvania as Sutety, are held and firmly bound unto COUNTYOF oft the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCHTHAT: BUTLER, PA as Obligee in the maximum aggregate penal sum of Dollars ($ ), lawful money Whereas, the Principal agrees to complete decommissioning in accordance with the Whereas, said Principal is required to furnish a bond for the faithful performance of the Decommissioning Plan, dated is hereby referred to; and decommissioning referred to in the Decommissioning Plan. Now, Therefore, the condition oft this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all thing stand to and abide by, and well and truly keep and perform the decommissioning provisions in the Decommissioning Plan and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the mannet therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and: remain in Provided further, that if the Principal fails to respond to the Obligee's notice of default or fails to perform its Decommissioning responsibilities as outlined in the Decommissioning Plan the Surety shall promptly and at the Surety's election and expense take one of the following actions: 1. Arrange for the Principal, with consent of the Obligee, to perform and complete the 2. Undertake to perform and complete the Decommissioning itself, through its agents or The surety may cancel this bond at any time by giving the Obligee sixty (60) days written notice of its desire to be relieved ofLiability. Should the Principal fail to provide a replacement bond or alternate financial assurance acceptable to the Obligee within thirty (30) days of the receipt by the Obligee of the Notice of Cancellation, the surety may choose to reinstate this bond, otherwise the Surety will be in default and shall forfeit the full Penal Sum of this Bond to Obligee. Nonpayment of the premiums associated with this Bond will noti invalidate this Bond nor shall full force and effect. Decommissioning: or through independent contractors; or Obligee be obligated for the payment thereof. APPENDIXI Bond No. The liability of the Surety under this bond and all continuation certificates issued: in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. IN WITNESS WHEREOF, the signature ofs said Principal is hereto affixed and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized. Attorney-in-Fact, this day of 20 COMPANY/DEVELOPERATOR Principal; Authorized Signature: Printed Name: Official Title: Witness Signature: Printed Name: BONDING COMPANY OR LENDING INSTITUTION Company Name: Authorized Signature: Printed Name: Official Title: Witness Signature: Printed Name: APPENDIXII DECOMMISSIONING and LANDOWNER AGREEMENT This DECOMMISSIONING AGREEMENT (this "Agreement") dated as of PENNSYLVANIA (the "County"), with offices at 124 W. Diamond St, Butler, PA, (the "Effective Date") is made by and among, COUNTY OF BUTLER, (the "Company"), with offices at and (the "Landowner(s)" with offices at County, Company and Landowner may bei referred tol hereinafter collectively as the Parties,"and individually as a "Party." WHEREAS, Company intends to build a solar energy generation project on parcels of Pennsylvania, pursuant to those certain rights granted to the Company in that certain Easement Landowner, as evidenced by that certain Memorandum of] Easement Agreement, recorded with the Office of the Recorder of Deeds in and for Butler County at Butler, PA (the "Easement Agreement"): pertaining to property that is more fully described in Exhibit A attached hereto and land located in the Municipality of Agreement (the "Easement Agreement")s dated County of] Butler, Commonwealth of between Company and made a part hereof (the "Easement Property"); and Planning Commission effective as of WHEREAS, the Land Development Application has been approved by the Butler County WHEREAS, County of Butler has required that, as part of the Land Development Application approval process, the Company enter into an agreement with the County pertaining to decommissioning of the facility after its useful life, which currently is estimated to be approximately 25 years ("End ofLife") whereupon the Company will decommission the facility under the terms oft this Agreement; and WHEREAS, the Parties wish to enter into this Agreement to set forth terms and conditions NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as of1 having funds available toj pay for the costs of any decommissioning oft the Project. follows: 1. The Company is responsible for the implementation ofa all work required under the Decommissioning Plan and otherwise required by law. 2. Prior to the commencement of facility construction, Company shall obtain and deliver to the County a performance bond in form and substance reasonably satisfactory to the obligation to remove the facility (the Decommissioning Bond"). The standards of decommissioning are described in Paragraph 4. Itis agreed by the Parties that final issuance ofa building permit shall be conditioned upon receipt and approval by the County of the County in the amount of Dollars securing performance of Company's 1 APPENDIXII Decommissioning Bond. The Decommissioning Bond shall be from a financial institution or surety or affiliate with an AM: Best'srating ofr not less than A and that is authorized to do business in the Commonwealth of Pennsylvania. 3. 4. The facility anniversary date shall be one year after the Month and Day that energy The Parties agree that the Decommissioning Bond shall be used solely to guarantee generation operations begin at the facility site (the Anniversary Date"), and every year thereafter. any decommissioning costs of the facility. For the purposes of this Agreement, Decommissioning" shall mean the removal and disposal of all "Solar Facilities" and "Solar Generating Equipment" as defined in Section 4.1 oft the Easement Agreement and the restoration ofthe Easement Property to the original state as existed prior to construction ofthei facility,subject however to the fact that the Company shall have no obligation with regard to any changes to the facility made by ori in connection with any lessee or other easement holderr relating to the Easement Property. The term Decommissioning Cost" as used in this Agreement shall include labor, disposal costs, professional services and any other costs of the Company reasonably associated with such restoration. Details ofthe expected Decommissioning activities and costs are described on the Decommissioning Plan attached hereto as Exhibit B. Decommissioning shall not include removal oflandscaping ort turf grass installed as a part oft the Project; such landscaping may remain for future uses. 5. 6. All costs of decommissionng, even exceeding the posted bond, are the The Parties agree that the decommissioning process of the facility shall commence responsibility of the Company and/orL Landowner/s. for any oft the following reasons: (a) the earlier of(i) End ofLife or (ii) Company provides written notice to the County of its intent to retire or decommission the facility (the "Company Decommissioning Notice"); (b) construction of the facility has not started within eighteen (18) months of site plan being approved by the County; or (c) the facility ceases to be operational for more than twelve (12) consecutive months. 7. The County shall provide Company thirty (30) days written notice (the "County Decommissioning Notice") prior to the commencement of any decommissioning oft the facility by the County subsequent to any event under Paragraph 6(b) or (c). Ini the event the Company fails to decommission the facility within one hundred fifty (150) days after providing Company Decommissioning Notice or fails to respond with a reasonable explanation for the delay in the construction or cessation of operation of the facility within thirty (30) days of the County Decommissioning Notice made pursuant to Paragraph 6(b) or (c) herein, the County may commence the decommissioning of the facility. In the event the Company fails to perform necessary decommissioning activities, and the County carries out such decommissioning activities ina accordance with the terms of this Agreement, the Company hereby acknowledges and agrees that it will use its commercially reasonable efforts to ensure the County has the necessary access rights to carry out such decommissioning, including granting the County the right to use the Company' 's easements and access rights to carry out any decommissioning, subject to the rights conveyed to the Company ini the Easement Agreement. 2 APPENDIXI II 8. Upon (a) the removal of the infrastructure and disposal of all components of the facility from the site on which the facility is built, (b) the restoration of the site to its previous appearance, and (c) Company's full payment of all of County's expensès in connection with the decommissioning: procedure, this Agreement and Company's obligation to provide a Decommissioning Bond pursuant to this Agreement shall terminate eighteen (18) months thereafter unless mutually agreed upon by the County and the Company. 9. This Agreement may not be amended or modified except by written instrument signed and delivered by the Parties. This Agreement is binding upon and shall inure to thel benefit of the Parties and their respective heirs, executors, administrators, successors, and assigns. Company may assign this Agreement to any subsidiary, or purchaser or transferee oft the facility. The Parties agree to execute and deliver any additional document or take any further action as reasonably requested by the other party to effectuate the purpose oft this Agreement. 10. The waiver of compliance at any time with respect to any oft the provisions, terms, or conditions of this Agreement shall not be considered a waiver of such provision, term, or condition itself or ofany ofthe other provisions, terms, or conditions hereof or bar its enforcement at any time thereafter. 11. In the event that any action is instituted by the County under this Agreement to enforce or interpret any of the terms hereof, Company shall pay all court costs and expenses, including reasonable attorneys' fees, incurred by County with respect to such action. 12. The Parties agree that this Agreement shall be construed and enforced in 13. The Parties agree that any action arising under this Agreement, or to enforce this Agreement, shall be brought in a court of competent jurisdiction in Butler County, Pennsylvania. 14. This Agreement may be executed through separate signature pages or in any number of counterparts, and each of such counterparts shall, for all purposes, constitute one accordance with and governed by the laws of] Pennsylvania. agreement binding on all Parties. signature page follows] 3 APPENDIXII [signature page to. Decommissioning: A Agreement] INV WITNESS WHEREOF, the Parties have caused their names to be signed hereto by their respective representatives thereunto duly authorized as oft the date first written above. COMPANY/DEVELOPEROPERATOR Company: Authorized Signature: Printed Name: Official Title: Witness Signature: Printed Name: ALLLANDOWNERS Authorized Signature(s): Printed Name(s): Witness Signature: Printed Name: COUNTY OF BUTLER Authorized Signature: Printed Name: Official Title: 4 APPENDIXII Exhibit A Description of] Easement Property] APPENDIXI Il Exhibit B Decommissioning Plan] ARTICLEVIII INSTALLATION OF IMPROVEMENIS Section 801 Performance Requirements Before approving any subdivision or land development plan, the Butler County Planning Commission shall require a written and signed Developer's Agreement (Appendix III) that necessary grading, paving and street improvements, sidewalks, street lights, fire hydrants, water mains, storm sewers and sanitary sewers, and other site improvements, as required by this Ordinance, shall be installed by the applicant in strict accordance with the design standards and specifications of this Ordinance, within a specified time period. Said agreement shall also provide for site maintenance during construction, and development related activities including, but not limited to maintenance of adjacent streets androads, hours of operation, temporary signage and inspection schedules. Section 802 Performance Guarantee The Butler County Planning Commission shall ensure that the required improvements have been installed according to this Ordinance by either of two alternatives prescribed below andi in accordance with the PA Municipalities Planning Code: 802.1 Completion of Improvements Prior to Final Approval: Prior to final plan approvai, the applicant shall complete, in a manner satisfactory to the County Engineer and the Butler County Planning Commission, all improvements required in this Ordinance and as specified in the preliminary subdivision or land development plan approved by the Butler County Planning Commission, and shall dedicate the same to the host municipality and/or Butler County as appropriate in accordance with these regulations. Final plan approval shall not be granted until the dedication of improvements has been accepted by the host municipality and/or Butler County. completion of all improvements prior to final subdivision or land development plan approval, the applicant shall enter into an agreement with Butler County whereby the applicant shall guaranty, by deposit with Butler County of financial security, the completion of all improvements required by this Ordinance and as specified in the proposed final plan, including but not limited to roads and streets, stormwater management facilities, related 802.2 Guarantee of Future Performance: In lieu of requiring the drainage facilities, recreational facilities, buffer and screen plantings, or other amenities, in a manner satisfactory to the County Engineer and the Butler County Planning Commission. The final plat or record plan shall not be signed nor recorded until the written financial improvements' agreement is executed and financial security satisfactory to Butler County has been posted. (Appendix IV) 802.2.1 Financial security shall be of a type and in amounts prescribed by, and meet requirements of, the PA Municipalities Planning Code. 802.2.2 Procedures and requirements for administering financial security, including release of financial security and remedies to effect completion ofir improvements, shall be as prescribed by the PA Municipalities Planning Code. municipality by which the municipal engineer of the host municipality, with approval and authorization of the host municipality governing body, acts on behalf of the County Engineer in administering financial security procedures and requirements. Under such agreement, Butler County shall retain responsibility and authority to take required actions of 802.2.3 Butler County may enteri into an agreement with the host the governing body. 802.2.4 Ifwater mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the municipality, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section. APPENDIX: III DEVELOPERS AGREEMENT FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS This Developer's Agreement is entered into by and between The County of Butler hereinafter called "County" and called Developer". RECITALS: hereinafter WHEREAS, Developer has submitted to the County aj plan and application for Subdivision WHEREAS, County and Developer desire to set forth their understanding concerning the Developer's agreement and responsibility to install the Public Improvements and pay the costs involved in processing, inspecting, and reviewing Developer's Subdivision and Land orLand Development Plan located in Development Plan. NOW, THEREFORE, intending to be legally bound hereby, County and Developer agree as follows: 1. The Developer, at their own cost and expense, shall proceed to perform and complete only those Public Improvements required by the Developer's Subdivision and Land Development Plan, subject to the approval of the plan and specifications by the County. 2. The Developer, prior to the commencement of work, shall provide in writing to the County a notice ofintent to commence construction and toj provide an anticipated construction 3. The County, or its designee, and the Developer shall agree upon a notification procedure and a schedule of field inspections to be made during construction and upon commencement date. completion of all Public Improvements. 4. Upon completion of the Public Improvements, thel Developer shall give notice to the County, in writing, toi inspect the Public Improvements. The County shall inspect thel Public Improvements within ten (10) days and shall approve same if they are completed in accordance with the Subdivision or Land Development Plan and acceptable engineering practices. Ifthe County disapproves, they shall notify the Developer promptly. 5. Developer agrees to reimburse the County for professional engineering consultant services, Butler County Planning Department services necessitated by the review and approval ofthe developer's plans and necessitated by the review and inspection ofa all required Public Improvements (both at the plan and installation stages) at the prevailing rate, plus associated itemized expenses, where applicable. It is agreed that professional engineering consultant services, and Butler County Planning Department services shall be payable by developer within forty-five (45) days after the date ofi invoice and prior to final approval of developer's Subdivision or Land Development Plan. 6. Where applicable, developer agrees to reimburse the County for solicitor services necessitated by the review and approval oft the developer's plan and necessitated by the review ofall required financial security and other agreements. Iti is agreed the solicitor's services shall be payable within forty-five (45) days after the date of invoice and prior to final approval of developer's Subdivision or Land Development Plan. 7. Notwithstanding the foregoing, developer reserves the right to contest the amount and/or reasonableness of the fees pursuant to the provisions oft the MPC. IN WITNESS WHEREOF, the parties hence caused this Developer's Agreement to be executed, dated this 20 Butler County Planning Director Developer's Official Name Developer's. Authorized Signature Printed Name Witness Printed Name APPENDIX: IV FINANCIAL SECURITY AGREEMENT FOR THE INSTALLATIONOF PUBLIC IMPROVEMENIS This Financial Security is entered into by and between the County ofl Butler, hereinafter called "County" and RECITALS: hereinafter called "Developer". WHEREAS, Developer has submitted to the County a Plan and application for a Subdivision and/or Land Development Plan located on which is known and designated as WHEREAS, County and Developer desire to set forth their understanding concerning the Developer's agreement and responsibility toi install the Public Improvements, provide af financial security, and pay the costs involved in inspecting and approving Developer's NOW, THEREFORE, intended to be legally bound hereby, County and Developer agree as .Thel Developer, at their own cost and expense, shall proceed to perform and complete all Public Improvements required by the Developer's Subdivision or Land Developer Plan, subject to the approval of the Plans and specifications by the County. 2. To assure completion of the Public Improvements required as a condition for the final approval oft the Developer's Subdivision and Land Development Plan, the Developer shall provide for deposit with the County, financial security (consistent with Article III ofthe Butler County Subdivision and Land Development Ordinance of20 as amended, int the amount sufficient to cover the costs of all Public Improvements, including, but not limited to, Streets, Street signs, sidewalks, curbs, Landscaping, storm drainage for Dedication or which adjacent properties or Streets, sanitary sewer facilities for Dedication, water supply facilities for Dedication, fire hydrants, Lot Line Markers, survey Monuments, and other related facilities. Such security shall provide for and secure the completion of the Public Improvements within one (I): year oft the date fixed in the Subdivision or development Plan. The amount of financial security shall be equal to one hundred ten percent (110%) oft the cost of the required Public Improvements for which financial security is posted. The cost oft the Public Improvements shall be established by submission to the County of an estimate prepared by the Developer's Engineer, subject to review, comment, Subdivision or Land Development Plan. follows: and approval by the County ori its designees. 3.The County, or its designee, and the Developer shall agree upon a notification procedure * and a schedule of field inspections to be made during construction and upon completion of 4. Upon completion of the Public Improvements, the Developer shall give notice to the County or its designee, in writing, to inspect the Public Improvements. The County ori its designee shall inspect the Public Improvements within ten (10) days and shall approve same ifthey are completed in accordance with the Subdivision or Land Development Plan and acceptable engineering practices. Ifthe County or its designee disapproves, they shall notify 5.D Developer agrees to reimburse the County for professional engineering consultant services, necessitated by the review and approval of the developer's Plans and necessitated by the review and inspection of all required Public Improvements at the prevailing rate, plus associated itemized expenses, where applicable. It is agreed that engineering, professional consultant services shall be payable by Developer within forty-five (45) days after the date of invoice and prior to final approval of developer's Subdivision or Land Development Plan. 6.Where applicable, Developer agrees to reimburse the County for solicitor services necessitated by the review and approval of the developer's Plan(s) and necessitated by the review of all required financial security and other agreements. It is agreed the solicitor's services shall be payable within forty-five (45) days after the date ofinvoice and prior to final IN WITNESS WHEREOF, the parties hence caused this Developer's Agreement tol be all Public Improvements. the Developer promptly. approval of Developer's Subdivision or Land Development Plan. executed, dated this 20 Butler County Planning Director Developer's Official Name Developer's Authorized Signature Printed Name Witness Printed Name Countp of Butler Board ofCommissioners 124 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 Solicitor Julie Graham Lori Altman Ann] M. Brown Director of Human Resourey/Che/Clerk Budget &. Human Services Finance. Director NOTICE OF PUBLIC HEARING The Butler County Board of Commissioners will hold a public hearing on proposed Butler County 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), the addition of Decommissioning Company and Landowner Agreements and Bond contracts (Appendix 1&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 (Section 802 and Appendix IV). The public hearing will be conducted on April 10, 2024 at 9:00 a.m. in the Public Meeting Room on the first floor of the Butler County Government Center located at 124 W. Diamond Street, Butler, PA 16001. Public comments will be taken on the proposed amendments to the Ordinance at that time. A copy of these proposed amendments may be examined at the Butler County Law Library or at the Planning Department Office within the Butler County Government Center on weekdays between the hours of 8:30 a.m. and 4:00 p.m. ATTEST: BUTLER COUNTY BOARD OF COMMISSIONERS Leslie A. Osche, Chairman Kimberly D. Geyer, Vice Chairman Kevin E. Boozel, M.S., Secretary Lori E. Altman, Human Resources Director/C Chief Clerk Countp of Butler Board ofCommissioners 124 W.1 Diamond Street, POE 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 Kevinl E. Boozel, M.S., Secretary Solicitor Julie Graham Lori Altman Ann M. Brown Director ofl Human. Resources/Chief Clerk Budget & Human Services. Finance. Director NOTICE OF PROPOSED AMENDMENT ENACTMENT Butler County intends to consider enacting proposed Butler County Subdivision and Land Development Ordinance Amendments on Wednesday, April 27, 2024 at the 10:00AM Commissioners Public Meeting. The location of the meeting will be the Public Meeting Room on the first floor of the Butler County Govemment Center located at 124 W. Diamond Street, Butler, PA 16001. 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), the addition of Decommissioning Company and Landowner Agreements and Bond contracts (Appendix I&11), the addition of Developers Agreement (Section 801 & Appendix III), and the addition of a Financial Security Agreement for the Installation of Public Improvements ( Section 802 and Appendix IV). Acopyofthese proposed amendments may be examined at the Butler County Law Library or at the Planning Department Office within the Butler County Government Center on weekdays between the hours of 8:30 a.m. and 4:00 p.m. ATTEST: BUTLER COUNTY BOARD OF COMMISSIONERS Leslie A. Osche, Chairman Kimberly D. Geyer, Vice Chairman Kevin E. Boozel, M.S., Secretary Lori E. Altman, Human Resources Director / Chief Clerk Herbert, Rowland & Grubic, Inc. 220 West Kensinger Drive, Suite 100 Cranberry Township, PA16066 724.779.4777 www.hrg-inc.com HRG Via Email March 14, 2024 Ms. Leslie A. Osche, Chair Ms. Kimberly D. Geyer, Vice Chair Mr. Kevin E. Boozel, Secretary Butler County Commissioners 124 W Diamond Street Butler, Pennsylvania 16001 Re: Butler County Infrastructure Bank Continuation of Program Management Services Dear Commissioners: Herbert, Rowland & Grubic, Inc. (HRG) is pleased to submit thet following SUPPLEMENT to the referenced AGREEMENT, executed on March 20, 2019, to provide a continuation of professional services for program management (including program process support, administration and ongoing technical assistance) of the Butler County Infrastructure Bank (BCIB) Program. GENERAL PROJECT DESCRIPTION With the success of the BCIB funding, HRG understands that the County wishes to open the BCIB 2024 round of funding. HRG and Community Networking Resources (CNR) (the Project Team) will assist the County with the next round of funding by updating program documents, refining processes, and managing the schedule and application process including application review and recommendations from a technical perspective. Once awardees are selected by the County, the Project Team will assist in project financing, program projections and project implementation activities, as deemed necessary and requested by the County. SCOPE OF SUPPLEMENTAL SERVICES = REFER TO EXHIBIT 1 GENERAL CONDITIONS - REFER TO EXHIBIT 2 COMPENSATION AGREEMENT as follows: We propose to complete this continuation of work, identified in Exhibit 1, for the terms of the original A$5,000.001 monthly fee will bei invoiced plus al Lump Sum Fee equal to 0.5% of thet total borrowing The work will be subject to the General Conditions of the original AGREEMENT. Our policy is to render excluding issuance costs at time of closing. invoices monthly based on the number of Units completed. Page 1of5 Butler County Commissioners Butler County Infrastructure Bank Continuation of Program Management Services March14,2024 COMPLETION The CLIENT and HRG agree that the outlined services will extend the completion time by 12 months (January 2024 to December 2024) upon receipt of your execution of this AGREEMENT.. AI modification to this AGREEMENT willl be required ift the outlined services extend past the anticipated 12-month timeframe. We have developed this SUPPLEMENT specifically with your project needs in mind. To execute this SUPPLEMENT and indicate your acceptance of these terms, and authorize the work to begin, please sign This SUPPLEMENT and all attachments constitute an offer to amend the current contract with you. By having an authorized individual execute this SUPPLEMENT, you agree that you have read and understand this proposed SUPPLEMENT and all ofi its attached Exhibits and that you agree to all oft the terms. This SUPPLEMENT shall remain open and may be accepted by the CLIENT for thirty (30) days from the above date. Acceptance of the SUPPLEMENT after the end of the 30-day period shall be valid only if HRG elects, in writing, to reaffirm the SUPPLEMENT and waive its right to reevaluate and resubmit the Ify youl have any questions concerning our SUPPLEMENT, includingi the attached Exhibits, pleasei feel free to contact me to discuss themi in greater detail.' We: appreciate the opportunity to provide youwith! professional services ini this capacity and look forward to continuing to work with you on this project. AUTHORIZATION the CLIENT: acceptance below and returna a copy to our office. SUPPLEMENT. Sincerely, Approved by: Herbert, Rowland & Grubic, Inc. da Mah A James A. Feath, RLA Assistant Vicel President JAM/kmg R004180.0465 Jeffrey A. Mikesic, P.E. Practice Area Leader/Transportation PIDAINOMAIRADMESANiNGMPpaAXO.E BCB2 2024 FundingR Rounds SupplementE Extension.docx Page 2 of5 Butler County Commissioners Butler County Infrastructure Bank Continuation of Program Management Services March 14, 2024 Accepted by: Leslie A. Osche, Chair Date Kimberly D. Geyer, Vice Chair Date Kevin E. Boozel, Secretary Proprietary Notice Date This SUPPLEMENT contains propretayinformation regarding Herbert, Rowland & Grubic, Inc. andi is a work product containing business sensitiver materials. This SUPPLEMENT was preparedi in response toy yourr request for your specific project and no portion oft this SUPPLEMENT may bes shared witha any other party. Page 3of5 Butler County Commissioners Butler County Infrastructure Bank Continuation of Program Management Services March 14, 2024 EXHIBIT1 SUPPLEMENTAL SCOPE OF SERVICES In order to meet your needs as outlinedi int the: above General Project Description, HRG in collaboration with CNR proposes thei following supplemental: scope of services: PHASEI-ANNUAL PROGRAM ADMINISTRATION TASK A -PROGRAM ADMINISTRATION The Annual Program Administration Task is ongoing assistance provided to the County to support an efficient and effective funding mechanism available to County municipal entities on an annual basis. This Task will be completed in coordination with the following individuals and agencies: the County Planning Department, Chief of Economic Development and Planning, County Solicitor, Chief Clerk, Financial Task A.1 - Program Documentation: The Project Team will update thet following program materials and develop additional material as needed in coperaton/coordnation with the Commissioners and Consultants, Advisory Board, and the Commissioners. Advisory Board: FAQs Guidelines and collateral documentation Web page material content Aschedule of important dates Application forms Task A.2 - Application Monitoring: The Project Team will assist the County in monitoring and Task A.3 - Program Public Relations: The Project Team will assist the County with any kick-off meetings or presentations leading up to the opening of the next round of BCIB funding, which may include the development of presentations, invitations, web site advertisement and communications plans. The Project Team will also solicit specific project details from communities with previously identified interests. The Project Team will support the County during the annual application processing phase of the BCIB program. Iti is anticipated that the Project Team willy work withi the County and; potential applicants eachyear from project initiation through the project award. These activities would include pre-application activities with potential applicants, through application technical review and Advisory Board support activities. Task B.1 - Pre-Application Activities: For thes success of the program, it willl be important to provide capacity at the municipal level in support of project development. Many municipalities do not have the experience to accurately scope and budget for a project. The pre-application task of our scope of services isi intended to provide the additional support necessary to advance projects regardless of local knowledge Itis anticipated that the BCIB program will provide both at full-service option and ai funding-only option for project delivery in subsequent funding rounds. Likewise, it is anticipated that pre-application activities related to project development will require differing levels of support dependent upon the local municipal resources and capacity. As such, the Project Team will tailor the level of support during the pre-application phase to thei individual municipal need. During the pre-application task of the: scope the ProjectTeam will: tracking applications received on an annual basis. TASK B-APPLICATION PROCESSING and capacity. Page 4 of5 Butler County Commissioners Butler County Infrastructure Bank Continuation of Program Management Services March 14, 2024 Meet with potential applicants to review available project information in order to gain al better understanding of the project andi if the applicant has established realistic project budgets, understands design requirements, environmental permitting requirements, and project schedules. Review preliminary project information provided by prospective applicants and their professionals, asa applicable, and provide guidance with regard to the scope, budget, and schedule for the project. Discuss potential delivery options with applicants. (If additional support is requested or deemed necessary and authorized by the County, the: support will be provided under separate contract Based oni initial meetings with prospective applicants, following authorization byt the County, the Project Team will provide additional guidance and/or assistance to potential applicants regarding the proposed project and the application process. The Project Team assistance may include preparation of aj preliminary cost estimate and scope for the project sufficient for the applicant to determine project feasibility and confirm whether or not to advance a complete application submission. Material prepared by the Project Team may be used by the applicant to complete the Task B.2 = Application Technical Review: Upon submission of BCIB applications by eligible applicants, the Project Team will conduct a full review of the applications and all materials submitted. The Project Team will prepare at formal memorandum for review by the Advisory Board. The memorandum will identify application evaluation criteria, as well as the important aspects of the proposed projects andi make at formal recommendation to the Advisory Board. The application eligibility review will include at technical review of application scope, design, and budget for compliance with the program guidelines established by the County, as well as a confirmation of project feasibility. The Project Team will review project scope and Thet financial capacity and credit worthiness of an applicant should be assessed duringt the application review process. Iti is assumed this willr not be completed! byt thel Project Team; however, thel ProjectTeam will provide supporting project information and coordination as required for the financial review by other financial Task B.3-A Advisory Board Support Activities: Thel Project Team wills support the County staffa and Advisory Board during the application review andi recommendation process. Iti is anticipated that applicants will be required to make a formal presentation to the Advisory Board in advance of project awards. The Project Team will attend required Advisory Board meetings and provide technical support on the Task B.4-Financing and Loan Closing: The BCIB project financing, loan closing anda award process isa anticipated to be completed by the retained County financial consultants. The Project Team will these activities with ongoing consultation as required in the County and/or the process. The Project support Team will also provide ongoing coordination with the following organizations throughout all phases of the BCIB directly with the applicant). BCIB application: submission. budget to ensure they are aligned and accomplishable. consultants. engineering aspects of the proposed projects. process. Board of Commissioners County Solicitor Staff Authority Board(s) Authority Solicitor(s) Bond Counsel Financial Consultants Banks Page 50 of 5 EXHIBIT 2 GENERALFROVISIONS FOR CONSULTING. AND! DESIGN CLIENT: Butler County ENGINEER: HERBERT, ROWLAND. & GRUBIC, INC. ENGINEERING & RELATED SERVICES PROJECT: Butler County Infrastructure Bank OPOSLACHEMANTDAITEN March 20, 2019 Program Management Services 2019-20201 Funding Round Herbert, Rowland & Grubic, Inc. (herein after referred to herein arei includedb by reference int the Agreement) fort thep performance of engineering: services which are described int the Agreement. These General Provisions set forth over these General! Provisions tot the extent that there are any inconsistencies or contradictory statement. The Agreement shall take precedence 1. GENERAL: confer transfer softwarel license beginning oft this Project, nor does HRG ort orr rightt to use witht thec conveyance ofd data files. anys CLIENT engineering: services ina any or asHRG)s allphases shall oft the provide Projectt for to which the professionai Agreement applies. These services will include serving. as Client's Professional Engineering Representative for and the Project, providing profèssional engineering, consultation and and advice related fumishing customary civil, environmental, transportation professional services engineering and surveying services asr required. HRG's principles of will be performed in. accordance with HRGs generally shalinotb accepted, tbeheldl liable for work engineering practice. other Itisu understood fort the accuracy that] of data supplied by other parties performed, upony whichi by HRGr may parties, rely, orf fort testing ori inspection work performedbyo other 2. TIMING OFF PROPOSAL: HRGagreest for Proposal/Agreement: (30) days from the remain open and may be: acceptedb by the CLIENT aftert the end thirty oft the 30-day period shall be valid only if HRG clects, in reevaluate writing, and resubmit the 3. CONDUCT OF THE WORK: All concept, preliminary and for final approval plans will be submitted to CLIENT or its authorized representative local, county, concurrent with proceeding to attempt to secure approvals by over the] Project. state anda allo other govemmental: authorities havingj jurisdiction within five Int the event CLIENT does noti respondt to suchs submission its shall bec considered! tol havel been giveni itsa approval. Surveys worki isv weather dependent, and HRG cannot reçognizes the importance of or date a survey crew will be available. faith effort tor surveys scheduling and will makeag goodf 4. RIGHT OF ENTRY: CLIENT agreest to provide rights of entry and all permits and permissions necessary fort the completion of HRG's service under the Agreement atr no cost to HRG. 5. USE OF DOCUMENTS: All document are instruments ofs service with respect to thisl Project, and HRGshall retain and ownership the right (including of reuse exclusive at the copyright) and property interest therein (including discretion of HRG) whether or not the Project is completed. CLIENT may make and retain copies of Documents for information Documents and reference are not in connection with use on the Project by CLIENT. Such intended or represented to be suitable for reuse. by CLIENT Any such or others reuse on or extensions of the Project or on any other project. HRG, appropriate modification without written verification or adaptation CLIENT's byl sole risk as and without for the specific purpose intended, to HRG will or to) be HRG's at Consultants. CLIENT shall liability indemnify, or legal and! hold exposure harmless HRG and HRG's Consultants from all claims, of damages, losses, and expenses, including. attorneys" fees arising out for or resulting therefrom. Any verification of adaptation of the Documents extensions oft the Project or for any other project will entitle HRG to further compensation: atr rates tob bea agreed upon by CLIENT andl HRG. Copies of Documents that may be relied upon by CLIENT arel limited to the printed copies (also known as hard copies) that are signed or sealed by] HRG. Filesi in electronic mediaf format oft text, data, graphics, or of othert types that are furnished by HRG to CLIENT are only. for convenience of CLIENT. Any conclusion ori information obtained or derivedf from suche electronic files willl and be att thet user'ss sole risk. Iftherei isac discrepancy! betweent thee electronic files Because data storedi in electronic mediaf format can deteriorate or ber modified inadvertently or otherwise without authorization oft the data's s creator, thep party recciving electronic files agrees that it will perform acceptance tests or procedures within the data days, thus transferred. Any errors detected within the 30-day have acceptedt willl be corrected! by they party delivering the clectronic files. acceptance HRG shall notb period ber responsible to1 maintain documents stored ine electronic media When transferring documents in clectronic media format, HRG makes no representations as to long term compatibility, usability, or readability. of documents resulting from the use ofs software appliçation used packages, HRG operating at the systems, or computer hardware differing from those by 6. COPYRIGHT: HRG is the exclusive owner. and has the exclusive to documents preparedf fort this Project and will grant a license tot use copyright said documents for thel Projectt to the CLIENT upont the CLIENT's payment in full of alli invoices rendered by HRG. CLIENT may noti int turn transfer said license except as provided in Paragraph 9 of these General Provisions. The failure ofHRGtoo obtain copyright registration shallt nota affect ori impair HRG's 7.INDEMNIFICATION CLIENT willi indemnify and! hold harmless HRG, its officers, directors, shareholders, or agents, employees, consultants and subcontractors from and against any anda alll liabilities, damages, ore expensesi in connection with: any personal: injury or property damage arising out ofori inany way connected with the negligence, reckless, ori intentional acts or omissions byCLIENT, its officers, directors, agents, contractors ande employees. CLIENT further agrees toi indemnify andl hold harmless HRG for any and all fees and expensesi incurredi ine enforcing or defending HRG'sright under this Agreement ort the performance ofi its dutiest under this Agreement. HRG1 may settle any claim for which itl has a right ofi indemnification against CLIENT without CLIENT's consent. Notwithstanding that settlement documents shalls state that HRG does nota admit liability andt thati itisa disputed claim, HRG shall not bei required top prove itsl liabilityort the reasonableness of thes settlement to obtaini indemnification: from CLIENT. 8. INSURANCE: HRG andi itsa agents, employeess and consultants are covered by. Worker's Compensation insurance and havel limited coverage under] public liability andp property damagei insurance policies. Certificates ofi insurance will bep provided upon request. HRG shall not! ber responsible for anyl loss, damage, or liability beyond the amounts,. limits and conditions of such insurance. Failure to Additional coverage may be obtained att ofl the CLIENT's expense. such limits. Ifthe exercise this option waives builder's any risk claims liability for the beyond construction of this 9. ASSIGNS: CLIENT and HRG each binds itself its partners, successors, executors, administrators, assigns, and legal representatives tot the other party of this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives ofs such other partyi ini respect to all covenants, agreements and obligations of this Agreement. Neither CLIENT nor HRG shall assign or transfer any rights under ori interest in this Agreement without the prior written consent oft the other, exceptt tot the extent that the effect oft this limitationi may ber restricted byl law. 10. SUBCONSULTANTS: independent consultants, associates and appropriate1 to assisti iti ini thej performance oft thes services required. RESPONSIBILITY. HRG is not responsible for any safety 11. SAFETY precautions or programs of the CLIENT or any contractors working on the Project except fort thes safety ofHRG's own employees. 12. CONTROLLINGLAN Thel Letter. Agreementi is tob be governed by the laws of the Commonwealth of Pennsylvania which is the principal place of business of HRG. thati 13. HAZAADOLSSUBSTANCES, it! has and willo the generation, storage or disposal HRGO of thati ity willp promptly notify may arise out of the sole negligence of under this Agreement. ownership oft these documents. parties. thatt thel shall to. reaffirm the above date. Acceptance oft the Agreement Proposal/Agreement and waive its right to Proposal/Agreement. (5)days, HRG always guarantee thet time clients' needs. meeting CLIENT obtains a Project, HRGS shall bean namedi insured. policy phase and HRG has the to or retain such may subcontractors right employ as it deem theh hard copies, the! hard copies govern. CLIENT any notices and warrants tol HRG witha all obligations imposed represents by applicable law upon of hazardous substances and/or waste and concering such matters. performance (EA3) complyy 30 after which the receiving party shall be deemedt to CLIENT agrees to hold harmless, identify and defend HRG from and against any and all damages and liabilities and expenses arising out ofori in any way connected with the presence, discharge, exposure, release, such or liability escape as of hazardous substances, or wastes of any kind, HRG excepting int the onlys ofs services format after acceptance by CLIENT. 03/07 Pagelof2p pages 18. DESIGN WITHOUT CONSTRUCTION PHASE SERVICES: Itis understood: and agreedt that HRG's Basic Servicest under this Agreement donot include project observation or review oft the Contractor's performance ora any other construction phase services, and thats suchs services willl bep provided! byt the CLIENT. The CLIENT assumes all responsibility for interpretation of the Contract Documents and for construction observation and administration: and waives any claims against HRG thati may bei in any way connected thereto. In addition, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold HRG harmless from any loss,. claim or cost, including reasonable attorneys' fees and costs of defense, arising or resulting from the performance ofs such services by other] persons ore entities and from any and all claims arisingf fromi modifications, clarifications, interpretations, adjustmentsor changes made to the Contract Documents to reflect changed field or other conditions, except for claims arising from the sole negligence or willful Ifthe CLIENT: requestsi iny writingt that HRG provide any specific construction phase services, HRG will submit additional General Provisions for Construction Services and HRG shall be compensated for these Additional 19. RECORD DRAWINGS: Record Drawings will not be prepared for this project unlesst the CLIENTS specifically requests anda agreest toc compensate. HRG HRG willt then preparea as set ofr reproducible record prints ofI Drawings showing those changes made duringt the construction) process basedi upont thei marked-up prints, drawings, and other data furnished by the Contractor(s) to HRG and which HRG considers significant. Iti is noted that HRG was not present nor involved in the construction project and has noi information pertaining tot the validityo or completeness ofther marked-up prints provided! by the Contractor(s). Because these Record] Drawings arel based on unverified information provided by other parties which will be assumed reliable, HRG cannot and does not 20. CONTRACTORAANPACTURE SUPPLIED DESIGNS: The Work may require the furnishing and supplying of design services for such products as pre-manufactured. buildings, tanks, special structures and systems, etc.. CLIENT shall not hold HRG responsible for any such design whichi is 21. OTHER WORK: Ifthe CLIENT requests HRG top services ond other Projects before a written Agreement is consummated: provide engineering fort the other Project, thet terms and conditions oft this 22.. AUTHORITYTOSIGN Thei individual this Agreement warrants that! hel has authorityt tos as, or onb behalfof, signingt CLIENT for whom or for whose benefit HRG's services sign: are rendered. Ifs such individual does not have such authority, he understands and agrees that hei is personally responsible for this Agreement tol HRG in addition to anyl 23. MARKETING/ADVERTISING: CLIENT hereby authorizes and grants to HRG the right to display a company sign at the project site during the construction phase oft the project. CLIENT also grants HRG the right to use project related photographs, renderings, artist's depictions, project related articles and the like for marketing and advertisement purposes of the fim without further authorization from ord compensation to the CLIENT. HRGw will be responsible for securing any applicabley permits and/or approvals associated witht thei installation ofs saidp project signsa andf for all direct costs associated with internalt marketing and advertising activities. 24. ENTIRE AGREEMENT: These General plans, and/or exhibits attached and the Provisions, any drawings, to whicht thesei items are attached, setf fortht thee entiret understanding: anda agreement betweent thep parties withr respect tot thes subject matter containedt therein ands shall beb binding upon andi inure (except as otherwise provided herein). to the benefit of the parties and their respective successors and assigns. This Agreement supersedes all prior documents, agreements, and understandings between the parties with respect tot thet transactions contemplated! hereby. 14. PAYMENTS: Invoices will bes submitted byl HRG ona a monthly basis as the work proceeds. Payments will be due and payablei inf full on receipt of an invoice by CLIENT without retainage, and will not bec contingent upon receipt offundst from third parties. Iffees are not paidi inf full within3 300 days oft the date of the invoice, HRG reserves the right to pursue all remedies, including withdrawing certifications, stopping work on three (3) days' prior written notice, andr retaininga alld documents without recourse. Ifat any time ani invoice remains unpaid for a periodi ine excess of 30 days, interest oft the rate of1 1-1/2% per month willl be charged onp past-dues accounts. CLIENT agreest toi indemnify and! hold! harmless HRG from: and against any: and all reasonable fees, expenses and costsi incurred byl HRGi including, butr notl limited to, court costs, arbitrators and attoreys' fees and other claim related expenses incurred int the collection Alli invoicing willl bes substantiated! by HRG cost record sheets and work order system, all of which shall be made available to CLIENT upon request and duringr regulary working! hours fori inspection anda audit. Times spenti ina additional detailing of invoices is considered extra effort on the Project and will be invoiced asa additional work along with any related cost ofr making copies and reproductions. Any increase in HRG's cost after the effective date of the Agreement resulting from state orf federall legislations shalll ber reimbursedl byt the Timely payment ofis invoicesi isa condition oft this Agreement. Failuret tor make payments in full within the time limits stated above will be considered substantial noncompliance with thet terms oft this Agreement and will be cause for termination oft the Agreementi ifHRG: so chooses. Unless otherwise agreedi iny writing, all fees and costs) payablet tol HRG pursuant tot this Agreement arep payable at HRG'sp principal place ofb businessi inI Dauphin County, Pennsylvania. Iti is hereby agreed that all suits will be litigated in Federal or State Court in Dauphin County, Pennsylvania or any other location att thes sole discretion ofHRG. Acceptance ofpayment by! HRGelsewhere: shall Ina additiont toits other remedies, HRGreserves ther rightt to withholds submission (to CLIENT or any third party municipality or agency): of any plans or other documents andv withhold performance ofa any other term ofthis Agreement upon defaultt by CLIENT ofa any of CLIENT's obligation under this Agreement. 15. TERMINATION: The obligation toj provide further services under this Agreement may be terminated by: either party upon three (3) days' written notice int the event ofa a substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. CLIENT agrees tob bel liable: and pay HRG for alll labor done, work performed, materials furnished, and alle expenses incurred for ally work anda additional work upt tos andi including the day work is terminated, in accordance with the notice requiredu under this section. A substantial: failuret toj performs shall alsoi include, butr notb be limitedto,t the CLIENT'Si inabilityt toj providec credit references: and/or a credit history acceptable to HRG prior or following the execution of this Agreement. Notwithstanding the above, failure ofl HRG tor request said credit references shallr notr relieve client ofits obligation top performt undert thet terms of 16. THIRDI ART/BENEPICARIES Nothing under this Agreement shall bec construed to give any rights orb benefits int this Agreement to anyone other than the CLIENT and HRG, and all duties and responsibilities undertaken pursuantt tot this Agreement willbef fort thes sole ande celshebemefiefCuENT and HRG: andi not fort thel benefit ofany other party. 17. LIMITATION OF LIABILITY: HRG shall endeavor to perform the services under this Agreement with the care and skill ordinarily used by members of HRG's profession practicing unders similar conditions at thes same time andi int thes samel locality. There: arer no other warranties, express ori implied, including, without limitations, no warranties of merchantability or fitness for particular purpose, madel by! HRGint this Agreement ori ina any reports, opinions, drawings, specifications or other documents furnished by HRG under this Agreement, or otherwise. HRG shall not be liable for the results of services performed with professional care ands skill. To the fullest extent permitted by law, HRG's total liability to CLIENT for any and alli injuries, claims, losses, expenses or damages whatsoever arising out of ori in any. way related tot the Project or this Agreement from any cause or causes including, but not limited to, HRG'sI negligence, errors, omissions, strict liability, intentional acts, breach of contract or breach of warranty shall not exceed the total compensation received by HRG under this Agreement, or the: amount paid on behalf ofHRG by their insurers in settlement or satisfaction of CLIENT's claims under the terms and conditions of HRG's professional insurance policy or policies process. misconduct of HRG. Services. for thee extra work. CLIENT. noto constitute av waiver oft this requirement. warrant thea accuracy. fumished! by others. shall in full. Agreement applyi which CLIENT have. mayl liability this Agreement. plats, hereto, Proposal or Agreementt applicable thereto, whicheveri is greater. 03/07 Page 2of2 pages (EA3) -a-.w.SAyOCnYeN .20GPs.doer Hammonds, Pamela From: Sent: To: Cc: Subject: Sholes, Sherry Thursday, March 21, 2024 10:48 AM Butler County Public Meeting Gordon, Mark; Gray, Kevin; Brown, Ann Item for March 27th Board of Commissioners' Meeting Please add the following to the March 27th agenda under Planning: Mark Gordon requests approval to provide the following municipalities $50,000 each using the $5 Fee Funds towards the following projects: Callery Borough - Culvert Replacement at the Intersection of Center and Breakneck Streets Jackson Township - Creation of an Emergency Access Road and Sidewalk Muddy Creek Township - Rehabilitation of Yellow Creek Road Penn Township - Replacement ofTraffic Lights and Signage, Intersection of Route 8 and Airport Road Slippery Rock Township - Widening of Kiester Road, Including Installation of Storm Sewers and Guardrail Let me know if you require anything further. Have a wonderful day! @ Ph 8hetry Bholes Administrative Assistant 124 West Diamond Street PO Box 1208 Butler, PA 16003-1208 724-284-5300 Sholeseco.buter.aus Butler County Economic Development and Planning 1 Butler County Board of Commissioners Economic Development and Planning 124 W. Diamond! Street,] POI Box 1208, Butler, PA 16003-1208 Phone 724.284.5300 Fax7 724.284.5315 TDD 724.284-5473 Commissioners Leslie. A. Osche, Chairman Kimberly D. Geyer, Vice Chairman Kevin E. Boozel,Secretary ChiefafEconomic Development & Planning Mark Gordon TO: FROM: RE: Board of Butler County Commissioner's Wendy Leslie, CDBG Coordinator Public Meeting March 27, 2024 The following item(s) are for the public meeting: 1.) Modification of funds for Binsey Road, Summit Township Approval to modify Summit Township's CDBG funds for tap in fee assistance from 2020 ($22,067.07), 2021 ($84,417), and 2022 ($82,169)to the Binsey Road project. A public hearing was held at Summit Municipal Building on March 20, 2024 to allow for public input. Presented at March 27, 2024 Public Meeting SETTLED ASSESSMENT APPEALS CASE NUMBER 2023-40341 2023-40342 2023-40344 2023-40345 APPELLANT ORIGINAL FAIR MARKET VALUE NEW FAIR MARKET VALUE Bam Bam Investments LLC Luellyn Harper & Alaire Rose Thomas Josiah D. Hoefler Madmol LLC $2,517,538.00 $420,923.00 $368,462.00 $844,539.00 $1,273,100.00 $290,000.00 $215,000.00 $380,000.00 RESOLUTION NO. 2024-4 RESOLUTION CERTIFYING THE LOCAL MATCH FOR BUTLER TRANSIT AUTHORITY FOR SECTION 1513 FUNDS FOR THE STATE OPERATING FINANCIAL ASSISTANCE The County of Butler resolves and certifies that the operating financial assistance of $70,245.00 provided pursuant to 74 Pa.C.S. $1513 is needed for the Butler Transit Authority in Fiscal Year July 1, 2024 - June 30, 2025 or in a subsequent fiscal year to help pay for projected operating expenses, including asset maintenance costs; and that these funds will be used for this purpose only, because these funds are ineligible to be used for asset, or capital, improvements projects; and that any funds not used this Fiscal Year will be retained and used only for operating assistance in a subsequent Further, the County of Butler resolves and certifies that the required local matching funds of no less than $70,245.00* will be secured no later than the end of Fiscal Year July 1, 2024 - June 30, 2025 to match the requested Section 1513 funds. fiscal year(s). Sources of matching funds: County of Butler $70,245 DULY ADOPTED at a public meeting of the Board of Butler County Commissioners this 27th day of March, 2024. ATTEST: BOARD OF COMMISSIONERS Leslie A. Osche, Chairman Lori E. Altman Human Resources Director/Chief Clerk Kimberly D. Geyer, Vice Chairman Kevin E. Boozel, M.S., Secretary *Amount must equal Total Local Matching Funds entered on the Consolidated Operating Application (COA) Local Match Summary form. RESOLUTION NO. 2024-5 RESOLUTION CERTIFYING THE LOCAL MATCH FOR BUTLER TRANSIT AUTHORITY The County of Butler resolves and certifies that the operating and capital financial assistance of $34,890.00 provided is needed for the Butler Transit Authority in Fiscal Year July 1, 2024 - June 30, 2025 or in a subsequent fiscal year to help pay for projected operating or capital expenses, including asset maintenance costs; and that these funds can be used for asset or capital, improvements projects; and that any funds not used this Fiscal Year will be retained and used for operating and capital requested assistance in a subsequent fiscal year(s). Further, the County of Butler resolves and certifies that the local matching funds of no less than $34,890.00* will be secured no later than the end of Fiscal Year July 1, 2024- June 30, 2025. Source of matching funds: 27th day of March, 2024. ATTEST: Lori E. Altman County of Butler $34,890.00 DULY ADOPTED at a public meeting of the Board of Butler County Commissioners this BOARD OF COMMISSIONERS Leslie A. Osche, Chairman Human Resources Director/Chief Clerk Kimberly D. Geyer, Vice Chairman Kevin E. Boozel, M.S., Secretary Sources of Matching Funds: County of Butler Butler Township (BHS) Butler Township (SPHS Care Center) Jackson Township Center Township (VA) Evans City Borough $10,000.00 $4,630.00 $4,630.00 $7,500.00 $4,630.00 $3,500.00 $34,890.00 TOTAL *Amount must equal Total Local Matching Funds entered in the Consolidated Operating Application (COA) Local Match Summary BUTLER COUNTY COMMISSIONERS RATIFICATION OF PERSONNEL TRANSACTIONS March 27, 2024 Prison KNOX, Darren M. (Rep. B. Johnson) 03/24/2024 Correction Officer/F.T. $22.1038/hr. RETIREMENT NO BENEFITS FOR90DAYS Submitted: 03/22/2024 by KG