BUTLER COUNTY BOARD OF COMMISSIONERS  Public Meeting Wednesday, February 14, 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  -January 31, 2024, Public Meeting  V. PROCLAMATIONS AND PRESENTATIONS  VI. FINANCE REPORT VII. OLD BUSINESS VII. BOARD OF ELECTIONS  A. Approval of the Butler County Ballot Curing Policy.  B. Announcement of polling place change for Middlesex Township 3.  IX. NEW BUSINESS  A. Emergency Services  1. Approval to apply for the Radiation Emergency Response Fund Grant in the amount of$6,977. This is a non-matching grant used to enhance response to radiation 2. Ratification of a Letter of Intent to apply for the BRIC (Building Resilient  emergencies.  Infrastructure and Communities) Program Grant, with authorization for the Chairman to sign. This is a 25% match grant used to update our County Hazard Mitigation Plan. Itis a competitive grant with awards announced at a later date.  3. Update on EMS RFP process.  4. Authorization for County staff to proceed with negotiations with Independence Health System/Butler. Ambulance for a potential contract to provide staffing support to EMS providers. If successful, the negotiated contract will be presented to the Board of Commissioners at a future public meeting for their consideration.  B. Facilities & Operations  1. Ratification of the Freepoint Energy Solutions Electricity Supply Agreement for the period 2/9/24 - 4/3/24 for the 202 S. Washington Street, Butler location.  Human Services (See Attachment Book for details)  1. Approval of the the following contract amendments for the period 12/7/22-6/6/24: a. Amendment #1 Catholic Charities ESG 22: Decrease by $5,000 to make the  new total $275,911.    b. Amendment #1 The Care Center ESG 22: Increase by $5,125 to make the new 2. Approval of the following contract amendment for the period 7/1/23 -6 6/30/24:  total $23,575.  a.  Amendment #1 The Children's Home of Pittsburgh.  D. Human Services - Drug & Alcohol (See Attachment Book for details) 1. Approval of the following contract for the period 9/23/23 - 6/30/24:  a. Townsend Associates LLC for consultant services to the Butler County D&A Program for the Drug Free Communities (DFC) Grant, for a cost reimbursed up  toa maximum contracted amount of $9,375.  E. Planning - Ag Land Preservation  1. Approval of Nicklas King McConahy of Cranberry Township as an appraiser to work with the Butler County Agricultural Land Preservation Board with a Letter of Engagement for each job to be signed by Mark Gordon. The Preservation Board has approved working with this firm upon approval by the Board of Commissioners. Each appraisal request will be individually approved by the Preservation Board on an as-needed basis. As required by the easement purchase process, this firm will complete appraisals meeting all state requirements to help determine easement offers to farm owners who have been chosen for easement  purchase.  F. Commissioners  1. Approval of acceptance of the award for the Butler County Prison COVID Mitigation Grant from PCCD. At the 9/13/23 Commissioners' Public Meeting, the request to submit the grant was approved. The grant is in the amount of $337,000 of federal dollars for the period 8/1/22 - 7/31/24 to fund the purchase of two Tek 84 Intercept Model Body Scanners with Thermal Scanner, with authorization for the Chairman to 2. Approval of a Consulting Agreement between the County of Butler and the Community Development Corporation (CDC) for a one-year period (1/1/24- 12/31/24) at an annual rate of $75,000, payable in four quarterly installments in the amount of $18,750, payable on March 15, June 15, September 15 and December 3. Approval to appoint Lisa Adomaitis to the Federated Library System representing the Evans City Library with her term expiring in December 2026. Ms. Adomaitis is  sign.  15.  replacing Melissa Bonicky due to her resignation.  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  NEXTPUBLIC MEETING:  February 28, 2024, at 10:00 a.m.  Public Meeting Room, 1st Floor Government Center  Public Meeting Calendar is available online at https:/www.buttercountypa.gov NOTE: Agenda is subject to change due to unforeseen circumstances.    BUTLER COUNTY BOARD OF COMMISSIONERS  Public Meeting Wednesday, January 31, 2024 10:00 a.m. MINUTES  PRESENT: Chairman Leslie Osche Commissioner Kimberly Geyer Commissioner Kevin Boozel Lori Altman, Dir. Human Res./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, Commissioners Office Shawn Pugh, Commissioners Office Laura Ankrom, Controller's Office Mark Gordon, Planning Candace Graff, Court Administration Kevin Gray, Planning - Bridges Beth Herold, AAA Mike Hillwig, F&O Ashley Leslie, Mapping Wendy Leslie, Planning - CDBG Jennifer Newton, Planning - CDBG Leslie Powers, Controller's Office Doug Ritson, Probation Brandon Savochka, Human Services Beau Sneddon, Prison CALL MEETING TO ORDER Room, 1st Floor Government Center.  VISITORS:  Brendan Carroll, Butler Twp. Kevin Hanes, Prison Union Catherine Lalonde, Lancaster Twp.  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 10:14 a.m. on' Wednesday, January 31, 2024, in the Public Meeting  MOMENT OF SILENT PRAYERIPLEDGE OF ALLEGIANCE  Ar 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 January 17, 2024 Public Meeting minutes. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried  unanimously.  1    PROCLAMATIONS AND PRESENTATION  None  FINANCE REPORT November 30, 2022 report. OLD BUSINESS None BOARD OF ELECTIONS None NEW BUSINESS A. Court Administration  Ann Brown gave a brief financial report through November 30, 2023 with a comparison to the  1. Candace Graff requested approval of the Purchase of Service Agreement with Glade Run Lutheran Services for the period 1/1/24 - 12/31/24 for electronic montoringlaicoho: monitoring/drug screening services provided to the Butler County Adult Probation Office. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 2. Candace Graff requested approval of the First Amendment. Agreement RE: Saas Service Agreement with Multi-Health Systems, Inc., and Butler County Adult Probation, effective 1/1/24 - 12/31/24, for risk needs assessment. The price increased from $3.45 to $4.90 for 800, and the annual service fee increased from $662/year to $695/year. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 3. Candace Graff requested approval of a Proposal of Work from M. Robinson Property Management, LLC for snow and ice management for the 2024 snow season for the Slippery Rock District Magistrate Office. Prices include: $50/plowing; $50/salt and $50/sidewalks, Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 4. Candace Graff requested approval of an Application & Agreement for Use of BC3 Main Campus College Facilities for Control Tactics Training for the Department of Community Corrections and Domestic Relations Probation Officers, scheduled for March 19th, 20", 26th and 27th. The cost is $170/day, and with a non-profit discount of $136, the total four-day Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried  Rates remain the same. unanimously.  unanimously.  with authorization for the Chairman to sign.  unanimously.  cost will be $544, with authorization for the Chairman to sign.  unanimously. B. Facilities & Operations  1. Mike Hillwig requested approval of a quote from Brightspeed for two POTS lines for fire alarm at 107 Woody Drive in the amount of $32/per line for at total of $64/month (plus taxes and fees).  2    Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 2. Mike Hillwig requested approval of a Quote from Cintas for yearly fire extinguisher testing and inspection services in the amount of $3,294.75, with authorization for the Chairman to sign. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried  unanimously.  unanimously.  C. Human Services (See Attachment Book for details)  1. Brandon Savochka requested approval of the following contract amendments for the period a. Amendment #1 Catholic Charities HUD Home Again 22/23 Contract: Increase by b. Amendment #1 The Care Center HUD Home Again 22/23 Contract: Decrease the Case Management program maximum by $951.52, making their new maximum $1,062.48. Decrease the PSH Leasing line by $648 to make the new total $12,432.  12/1/22 = 11/30/23:  $1,599.52 to make the newi total $183,921.52.  Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried  unanimously. 7/1/23 - 6/30/24: a. Merakey b. Pediatric Therapy Source  2. Brandon Savochka requested approval of the following contracts fori the period  Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried  unanimously.  D. Human Services - Drug & Alcohol (See Attachment Book for details) D/BIA Butler Memorial Hospital for the period 7/1/23 - 6/30/24.  1. Brandon Savochka requested approval of the contract with Butler Healthcare Providers  Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried  unanimously.  E. Human Services - Area Agency on Aging  1. Brandon Savochka requested approval to sign al Memorandum of Understanding with the Jean B. Purvis Community Health Center of Butler County for COVID Vaccine Related Expenses in the amount of $3,421 with at term of 7/1/23 = 6/30/24. There are no County funds involved; payment will be made from the COVID Vaccine Access Grant. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 2. Brandon Savochka requested approval to sign the TXIX Grant Agreement Renewal Letter. The original Agreement was for the period 7/1/20 - 6/30/23. This letter extends the agreement until 6/30/25. There is no change ini funding; the total yearly amount received is  unanimously.  $109,530; funding supports the following services:  3    a. Medical Assistance Information and Referral Services  b. Aging and Disability Resource Center/Link Program of Butler, Lawrence and Mercer  Counties unanimously. F.F Planning  Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried  1. Mark Gordon requested approval to appoint Joseph Gray, Professional Engineer, to the Butler County Planning Commission Board fori the term 1/1/24 - 12/31/27.  Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 2. Mark Gordon requested approval to enter into a Professional Services Agreement with F.N Mark Malick, an Independent Consultant. Mr. Malick will assist in determining the feasibility of creating a multi-use event space in the Southern Tier of Butler County. The term will begin with execution of the agreement and end on 3/29/24, with submission of a final Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried  unanimously.  report. Renumeration under this agreement will be $10,000.  unanimously. G.F Planning - Bridges  1. Kevin Gray requested approval to advertise the following items for bid, as needed, for calendar year 2024, at various bridges in the County, as well as other County projects  (i.e. DCNR, DCED): a. Excavating services b. Concrete and steel beams . Guide rail systems d. Rebar e. Paving . Concrete g. Stonelgravel aggregates unanimously.  Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 2. Kevin Gray requested approval of a COSTARS Quote for bridge beams to Quality Bridge & Fab, Inc. in the amount of $55,684 for the Kiester Bridge in Slippery Rock Township. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried  unanimously. H. Planning - CDBG  1. Wendy Leslie requested approval to bid the following projects for 2024; there are no County a. Marion Township sewer laterals (for resident connections) b.N Marion Township water reservoir project (replacement of reservoir that is leaking) C. McCandless Road, Slippery Rock' Township (road construction) d. Alameda Park Multi-Purpose Field (ADA connectivity loop) e. Butler Township Storm Water Project (Homeacre residential area)  funds involved in these projects:  4    f. Binsey Road, Summit Township (road reconstruction) g. Jackson Township (curb cuts project)  h. Appalachian Regional Commssion-Alegneny Clarion Valley Industrial Park (water/sewer Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried  project) unanimously. . Property & Revenue  1. On behalf of Janet Mentel, Solicitor Julie Graham requested approval of the following Cranberry Township settlements (all settlements are at the County appraised value as a. Lue-Rich Holding Co., Inc. assessment appeal; Case 2023-40288, with a New Fair  provided by Dave King):  Market Value of $2,000,000 for 2024.  Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried b. Pennwood CommonsILLC assessment appeal; Case No. 2023-40287, with a New Fair Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried C. Pennwood Commons II LLC assessment appeal; Case No. 2023-40286, with a New Fair Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried  unanimously.  Market Value of $5,200,000 for 2024.  unanimously.  Market Value of $8,300,00 for 2024.  unanimously. J. Commissioners  1. Solicitor Julie Graham requested approval of a Service. Agreement with Nonprofit Development Corporation for start-up, renovations, fixed assets and ongoing operating costs fori the Butler Recovery Center. The contract is int the amount of $338,000 for the retroactive period 11/1/23- - 6/30/24 and will be funded using Opioid Settlement dollars. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 2. Chief Clerk Lori Altman requested approval to appoint Stephanie Reese as the Cranberry Public Library (CPL) representative to the Butler County Federated Library System (BCFLS) Board of Trustees for the term 1/1/24 = 12/31/26, replacing Allyson Mazzoni whose term ended 12/31/23, and also to appoint Dr. Darlene Corris to serve as Ms. Reese's alternate. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 3. Chief Clerk Lori Altman requested acceptance of the award for the Butler County Prison MAT Program Grant from PCCD. At the 10/13/23 Commissioners' Public Meeting, the request to submit the grant was approved. The grant is in the amount of $266,668 with $200,000 (75%) being funded with PCCD federal dollars for the period 1/1/24-1 12/31/25, with authorization  unanimously.  unanimously.  for the Chairman to sign.  5    Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried  unanimously.  APPROVAL OF BUDGETARY TRANSFERS, RATIFICATION OF PERSONNEL TRANSACTIONS, Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried  TRAVEL REQUESTS, REQUISITIONS AND CHECK REGISTER  unanimously.  CONFERENCE TIME WITH MEDIA PUBLIC COMMENT ON GENERAL ITEMS  Brendan Carroll spoke briefly regarding the upcoming elections and the counting of ballots.  ADJOURNMENT adjourned at 11:06 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  Respectfully submitted,  Pam Hammonds Administrative Assistant  Approved:  BUTLER COUNTY COMMISSIONERS MEETING SCHEDULE:  NEXT PUBLIC MEETING: LOCATION:  Wednesday, February 14, 2024, at' 10:00 a.m. Public Meeting Room, 1st Floor Government Center  Public Meeting Calendar is available online at ntipsilwww.Dutlercountypa.gov. NOTE: Agenda is subject to change due to unforeseen circumstances.  6    BUTLER COUNTY BALLOT CURING POLICY  I.  Introduction  This ballot curing policy forl Butler County is established to allow registered voters the opportunity to cure immaterial deficiencies on their absentee or mail-in ballot declaration envelopes.  II. Definitions  As used herein, the following terms shall have the meanings indicated:  Attestation: The form at the Bureau which a Voter can correct information deemed as defective Ballot: An absentee or mail-in ballot which a Voter may use to cast a vote in an election.  on the Declaration Envelope.  Bureau: The Butler County Bureau of] Elections.  County: Butler County.  County Board: Butler County Board of] Elections. curable by applicable law, i.e. a lack of signature  Deficiency: A defect on the Declaration Envelope recognized by the Department of State as Declaration Envelope: Pennsylvania law provides that two envelopes shall be mailed to each absentee or mail-in elector; the larger oft these envelopes is referred to alternatively as the Declaration Envelope. This envelope contains a declaration which the Voter must sign. Designated Agent: An individual which the Voter has authorized to transport the Attestation and witness the Voter's signature or mark upon said Attestation. The Designated. Agent is only allowed to serve as a Designated Agent for one Voter, unless the additional voter(s) live in the same  household and similarly require a Designated. Agent due to a Disability. Disability: A disability as defined in the. Americans with Disabilities Act. Party Committee: The Butler County Democratic Committee and the Butler County Republican Committee, as designated by their respective state organizations.  Voter: Any person who shall possess all the qualifications for voting now or hereafter prescribed  by the Constitution ofthis Commonwealth.    III. Cure Procedure  A. Upon identifying: al Deficiency on al Declaration Envelope submitted by a Voter, the Bureau will segregate said Declaration Envelope and place the Voter's name and contact B. During a Primary Election, the list of Voters who submitted Deficient Declaration Envelopes shall be made available to the Party Committees once a day upon request ofthe C. The Party Committees may contact the Voter who submitted al Declaration Envelope with aD Deficiency to advise that there is a Deficiency with their Declaration Envelope and that the Voter is permitted to appear at the Bureau to remedy such Deficiency by means of an D. During a General Election, in addition to Party Committees, the list of Voters who submitted Declaration Envelopes with Deficiencies will be made available to any duly authorized representative ofany recognized political party other than the Party Committees Itis acknowledged that Voters registered as Independent will not have a duly authorized party representative. The Bureau will publicize through its regular course that any Voter can check the status of their Ballots via the Department of State website and that cure E. To effect a cure, a Voter must appear in person at the Bureau before 8:00 P.M. on Election Day and sign an Attestation that includes thel Deficiency; which shall bei recorded with their In such case as a Voter with al Disability as recognized by the American Disability Act may not be able to appear in person at the Bureau, a Witness Form shall be used to allow a Designated Agent to transport the. Attestation to and from the Bureau in order to obtain a F.T The Bureau shall not perform any remedy on behalf oft the Voter but will only provide the G. The Bureau shall not send the Ballot back to the Voter or issue the Voter a new. Ballot due H. This Policy shall not modify any procedures regarding Provisional Ballots with the exception ofallowing a Provisional Ballot to be counted for a Voter who cannot come into the Bureau to remedy a Deficiency on the Ballot envelope but is able to go to their polling  information (including phone number, if one is provided) on al list.  Party Committee.  Attestation.  which have a candidate on the Ballot.  procedures are available.  Ballot.  signature or mark from the Voter.  opportunity for the Voter to remedy the defect.  tot the Deficiency.  place on Election Day.    Adopted by the Butler County Board of Elections on 5/2/2023. Appointed) Board ofElections: Michaell English (Chairman), Patrick Casey, and Carol Modified by thel Butler County Board of Elections on 2/14/24. Boardo ofE Elections: Leslie Osche (Chairman), Kimberly Geyer, and) Kevin Boozel  McCarthy  Leslie Osche(Chairman) Kimberly Geyer Kevin Boozel  Julie Graham (Solicitor)  Chantell McCurdy (Director of] Elections)    Building Resilient Infrastructure and Communities (BRIC) Hazard Mitigation Planning Grant Attachment 2:  COUNTY COMMITMENTI LETTER  Butler County is applying for a BRIC grant to update its County Hazard Mitigation Plan required by 44 CFR 201.6. Thel Hazard Mitigation Plan is an integral component oft the county's Emergency Operations Plan that is required to also be periodically updated under 44-Code of Federal Regulations. The federally approved Hazard Mitigation Plan provides eligibility for certain disaster assistance funding. The County does/does The county hereby agrees to cooperatively participate in this update oft the hazard mitigation planning effort with PEMA. The county understands that the best plan for disaster avoidance is performed through hard work and efforts ofall levels of government and our citizens inj preparing aj plan to avoid disaster. The county hereby agrees to do the following as the minimum contribution to this plan update initiative:  not have a current Hazard Mitigation Plan which expires 2026.  Make all reasonable efforts to encourage and facilitate full participation by all 57 municipalities and FEMA identified special districts (Water and Sewer, Schools and academic campuses etc.) Designate al Project Officer to serve as the County'sl Designated Agent (resolution attached). Commit this person for no less than four hours per week for 36 months. The County will track that person's The HMP project will be managed by the Emergency Management /or/ Planning Department with The county will/will not hire an outside HM Planning Contractor to assist with the project.  labor and time for reimbursement.  full participation by the County Conservation District  Provide for public participation for the plan.  Submit accurate quarterly reports to PEMA as required by FEMA. Submit accurate quarterly reimbursement requests to PEMA.  The County understands that the 25% local match must be met by the County and that there are no state funds for the FEMA required local match. This County match can be cash, labor, materials or Provide review, cooperatively work with the planning team to prepare an adoptable plan, and adopt the final updated plan document no later than 3 months prior to the expiration of the current county  some combination thereof.  HM plan.  Encourage and facilitate adoption by all 57 municipalities  Chief County Commissioner: Date: 0201 I 2024  Wupde - -  10/2022 PEMA  BRIC Application A-2  County Commitment Letter    freepoint ENARGYSOLUTIONS  ELECTRICITY SUPPLY AGREEMENT  This coversheet (the" Coversheet') together witht the Disclosure Slatement, the Facility Attachment, the Contract Summary anda any addendal hereto constitute the Electricity Supply Agreement (collectively, this "Agreement') enteredi intob by andb between Freepoint Energy Solutions LLC( ("Seller" or" "we') and the customer partyi identified below ("Customer" or" "you'), effective as oft the datet this Agreementi is executedi by Seller (the" "Effectivel Date").  Customer Information:  Customer Name: legalenityname) Customer Contact: Name: Leslie Osche (Reguired) Phone: 724-285-4731 Regured Address for Notices: Street: 124V Wo Diamond Street Requires)  Butler County (Required)  DBA (|fapplicable): Title: Commissioner Chair (Requled State: PA Riqund,  Email: spugh@cobuterpa.us Requhd) City: Butler Requind)  Fax: Zip: 724-285-4731 Regvired)  Electricity Supply Selection: Cost Components Included int the Price (checki ifincluded): BARR A Admin/strative Fee  Pricing: Fixed Price: $0.06471/KWh Energy Capacity Transmission Ancillary Services Renewables MLC  Broker: TFSE Energy Solutions LLC DBA1 Tradition Energy  Customer shall provide Seller with financial and otheri information as Seller may request tos satisfy applicable know-your-customer: rules and to complete its credit reviewa and other contracting processes. Sellerr reserves ther rightt tor note enteri intot this Agreementi ini itss sole discretioni includingi if: ()i informationp provided by Customer ori its representative (broker/agent) to Selleri isi incomplete ori inaccurate, (i) the Pricel listed was not authorized by Seller orr rates have changed based onr marketo conditions, (n)t transfer of Customer account(s)is deniedo or significantly delayed byt the relevant EDC, or (i) Customer does notn meet Seller's credit approval criteria. Seller may use the contact information provided above to contact Customer including by e-mail, automatically dialed calls, text Customer hereby agrees! toy purchase its full requirements ofe electricity from Sellerf for each oft the Facilities listed ont the Facilities Attachment: anda authorizes Sellert tobecomei itse electricity supplier andt takey whatever actions arer required tos switcha allr relevante electrica accountst to Seller,i includingt toi initiatet thes enrollment ofthe Facility(es) on or after the Effective Date and obtaini information from the EDC thati includes, buti is notl limited to: Customer's billing! history, payment lfyou are a Smali Business Customer, your may cancel this Agreement ata any time before midnight of the 3rd business day after receiving a copy oft this Agreement. To do S0, you may call us toll free 1-800-982-1670 from 8:00 AM to 5:00 PM Central Time or e-mail us at Theu undersignedr represents thate each ofti thet followingi ist truea and accurate: Q! lama ana authorized representative ofc Customer, (i)! Ihavet thea authorityt toe execute this Agreement and make decisions on behalf of Customer regarding its electricity supplier, and (in) Customeri isi in agreement andv will complyy with allt terms This Agreement shall not become binding ande effective untilitise executed or verbally authorized via TPV by Customer and executed by Seller.  messages or calls thatu use artificial or prerecorded voice regarding any billing, service ora account-related matter. history, historical ande expected electricity usage, meter-readings, ando characteristics ofe electricity service.  CusiomeRehions@teerintsolulionscom. and conditions ofthis Agreement. CUSTOMER: Butlgy County Signalyre: Namé  FREEPOINT ENERGY SOLUTIONS LLC  Date:  Signature: Name: Tite:  Date:  A. Osche  ARB  Tie: Chaitmane  Quote No.: 451826-4  Version PA_FP.08.17.2021  Version PAFES-Commercalisaes  6    A freepoint ENERGYS BOLUTIONS  CONTRACT: SUMMARY  Pennsylvania- -E Electricity Supply Agrement-Commerclal Customers  Freepoint Energy Solutions LLC 3050 Post Oak Blvd., Suite 1330, Houston TX77056 wwwreepantolwtionscon  License No. A-2018-3000029  Electric Generation  Supplier Information Customer Service Toll Free Number: 1-800-982-1670  Customer Service Email: usomeReatonsafreerntsolutons.com  Freepoint Energy Solutions LLC is responsible for the generation charges shown on your bil. Cost Components as identified on thet following page are fixed. The price does noti include EDC delivery charges and state and local sales Taxes. ForLarge Commercial Customers*, the generation/ supply price and certain Cost Components may be subject to change as describedi in  Price Structure  Sections 4, 7 and 81 hereof, Savings are notg guaranteed.  Generation! Supply Price $0.06471KWh duringt the Initial Term.  Statement Regarding Savings  lfy you are a Small Business Customer and we are ever required to billy you directly, we may require a deposit lfyoua are al Large Commercial Customer" and your bills are not paidt timely or we have reasonable grounds for Deliveries ofe electricity wills start ont the date set by! EDC, during or after 2/1/2024. Ifyous signed up moret than one The Initial Term wille end on the date set! byt the EDC, during ori immediately following 4/1/2024. Ify you signed up Yes. The Cancellation Paymenti is calculated as the value of any remaining volumes of electricity that would have been delivered during the Initial Term oft the contract (based ont the difference between market prices and the contract price) andt the costs incurred to liquidate or maintain any related hedge or trading positions. Ify you are a Small Business Customer, therei is no Cancellation Paymenti ift the Agreement is cancelled after the date of Ify you are a Small Business Customer, your willr receive two advance written notices from us, first between 60 and 45 days prior to the expiration ofy your Initial Term and second at! least 30 days prior tot the expiration ofy your lfy you are aLarge Commercial Customer", we may send youa al Notice prior tot the expiration oft the Initial Term. If no action is taken, at the end oft the! Initial Term, the/ Agreement shall automatically continue on a month-to- month! basis ata a variable price as specified in Section 31 hereof, unless and until cancelled by either party after providing the other party with prior Notice. Therei is no Cancellation Paymenti ifcontracti is cancelled after the end lfy you are a Small Business Customer, your may cancel this Agreement at any time before midnight oft the 3rd business day after receiving a copy oft the Agreement. To do so, your may call us tollf free 1-800-982-1670 from 8:00 AM to5 5:001 PM Central Time ore e-mail us at Cusiomereations@repointsolutonscom.  Deposit Requirements from you. Contract Start Date Contract Duration Cancellation! Early Cancellation Fees  insecurity with respect to your creditworthiness, we may require a deposit from you. account, please refer to the dates int the Facility Attachment hereto. more than one account, please refer to the datesi int thel Facility Attachment hereto.  the Options Notice. Please refer to Section 10 hereof for details. Initial Term. We wille explain your options int theser notices.  End of Contract  oft the Initial Term.  Right of Rescission  "SmallE Business Customer" meansa ap person, solep proprletorship, partnership. corporation, associationd ord otherb business entityt thatr receives electics serviceu undera smallo commercial, smalli industrialors small  business ratec classification, andw whosen maximum registeredp peakk loady was) lesst than 25kWy withinthek last1 12months. ""Large Commarcial Customer" meansac customerv whol Isnotar residential customer oraSmallE Business Customer.  VeminPA.FP.0.172021  VersionF PA_FES-Commercial: Sales    freepoint ENERGY SOLUTIONS  ELECTRICITY SUPPLYA AGREEMENT Facility Attachment  This Facility Attachment supplements andf forms ap part oft this Agreement.  Customer Name: Butler County EDCI Name  Facilities  Account Number  Service Address BUTLER,PA1 16001 BUTLER,PA1 16001  Start Estimated Date* Service! Date End BiIl Option" PLC NSPL Taxi Exempt %"  West Penn Power 08052425920007380415 SWASHINGTONSI, 02/09/2024 04/03/2024 Utility Consolidated- 483.50 285,98 2 WestF Penn Power 0805279287007255612 202 SV WASHINGTONST, 02/09/2024 04/032024 Ufilily Consolidated- 545,32 343.19 "The Service Start Datei is estimated to occur on thet firstr meter read date during or after the months specified above. However, thisi is ane estimated starto date: andt the actual start date will occur only after thee enrollment processes are completed by the Utlity. "For Dual Billing, Seller will generate as separate invoice for the! Seller Charges either as Account Level Billing or as Summary Biling. lfn no selection is made orifnol Dual Billing Addressi is provided, Seller willu use Account! Level Billing. DA Account-Level Billing- - each Facility willl have as separate Invoices sent tot the email address provided herein or each Facility/'s service address(ifr no DS Summary Billing- - one invoicet for all Facilities sentt tot the emaila address provided herein ort the Dual Billing Address (ifr no emaili is provided). ""*Taxe exemption certificate needs tot be provided by Customer tor receive the applicable tax exemption oni its electricity invoices.  BilReady BillF Ready  email address or nol Dual Billing Addressi isp provided). OF Please check this box ifyouv wish tor receivei invoices byr mail. Dual Billing/ Address: Street: 1241 W. Diamond St  City: Butler State: PA Zip: 16001 Forecasted Volume SummaryForecasted) Volume (KWh) 257,063.20 383,349.59 26,915.57 667,328.36  Month 2/2024 3/2024 4/2024 Total  Bys signing! below or by verbal authorization via TPV, Customer confirms thata alli information set forthi int this Facility Attachment ist true, complete and  accurate. CUSTOMER: Buller County Eb Name: PElIA.Dsthe Title: Chairman  FREEPOINT ENERGY SOLUTIONS LLC  Date:  Signature: Name: Title:  Date:  Quote No: 451826-4  VersionF PA_FP.08.17/2021  Version PA_FES Commercial Sales    freepoint ENEROY SOLUTIONS  ELECTRICITY SUPPLYA AGREEMENT DISCLOSURE! STATEMENT  1. Overview. Facility,  This Disclosure Statement supplements andf forms a part oft the Agreement between Seller and Customer. Seller agrees tos sell and Customer agrees tol buyt the quantity ofe electricity supply méeting Customer's full requirements ate each Facilitys specified ont the Facility Attachment. Seller will arrange fort the delivery of electricity byt the relevant EDC to each Facility. The EDCV will then deliver or distribute the electricity to each Selleri is licensed byt the Commission as an electric generation supplier to offer ands supply electric generations servicesi in Pennsylvania under licenser no. A-2018-3000029. Generation prices and charges ares set by Seller, The Commission regulates distribution prices ands services. The Seller shalle endeavor to starto deliveries ofe electricity to thel Facility(ies) on ora aftert the Estimated Start Date. However, Customer acknowledges that () the Service Start! Datei is dependent upon the relevant EDC confirming to Seller thati ith has completed allr required enrollment processes and (i)it ifthe enrollment is completed by the EDC aftert thel Estimated! Start Date, Seller will noti incura anyl liabilityf for such delayed start. The initialt term oft this Agreementy will runt from the Service Start! Date through the! Service End! Date (the' "Initial Term"), unless earlier cancelled as Ifyou are as Small Business Customer and! have af fixed duration contractt thati willl bee ending, orv whenever we propose to change the contract, youy willr receivet two separate written notifications before the contract ends ort thec changes happen. Youv willi receive the firstr notice (the "Initial Notice)45-60 days! before, andt the second notice (the' Options Notice"): 300 days before the expiration date ort the date the change becomes  Federal Energy Regulatory Commission ("FERC") regulates transmission prices ands services.  2. Term.  provided herein. Renewal.  effective. These notices will explain your options.  Ify you are Large Business Customer, we mays send youa al Notice prior tot the expiration oft thel Initial Term.  Att thee end oft the Initial Term, ifno actioni is taken, the Agreement shalla automatically continue on a month-tg-month basis atay variable price as specifiedi in Section 41 below, unless andi until cancelled bye either Party after providing the other Party with prior Notice. Therei isr no Cancellation lfyous are a Small Business Customer, fore each! billing cycle duringt the term, the amount tol be charged to Customer by Seller for each Facility shalll bet thes sum of( Q the Commodity Charges and (i)a any Taxes that arer noti includedir int the! Price (collectively, the" "Seller Charges"). The Pricei includes the Cost Components indicated ont the Coversheet, Generation Charges, Transmission Charges (ifr not already includedi int the Ify youa are al Large Commercial Customer, for each billing cycle during the term, thea amount to be charged to Customer by Selleri for each Facilitys shall be the sum of(t the Commodity Charges, (i)t the amount assessed! by Seller for any Cost Components for such billing cycle that are noti indicated ont the Coversheet as beingi includedi int the Price fors such Facility, (li)a all applicable Taxes and (Mv) any costs and charges assessed pursuant to Sections 7or8h hereof (collectively, the' "Seller Charges"). Notwithstanding any provision tot the contrary herein, Ifthe Energy componenti isr not selected asi included int the Price, Seller shall factor (without duplication) the applicable Linel Lossesi intot the calculation oft the Commodity Charges. lfyoua are al Large Commercial Customer andy your price originated from: a daily matrix offering thep price The Pricee excludes the Distribution Charges ando other costs andi fees for services provided byt the EDC (the' "EDC Charges"). The Price also excludes the applicable state andl locals sales" Taxes. Nolwithstanding: any provision tot the contrary int this Agreement, ifthe Pricei includes the GRT, for billing purposes the GRT may appear ony your bill as a separatel linei item andt the unit price specified on your bill may be lower than After the expiration oft thel Initial Term, thel Price perk KWhy will be variable as determined by Seller based ony various factors, including competitors' prices, applicable industry charges, wholesale market conditions, electricity supplys sources plus ar margin and may change monthly. This! list off factors is not exhaustive: andi nos single factor will determine ther rate. Somet factors musth be estimated or projected. The factors considered byt the Seller may be weighed differently each month. The variable rater may not correlate with changes int the wholesale market prices ory yourk local EDC prices. The variable rate may bel higher than your local EDC or other supplier rates. There is no limit on! how much the variable price may change from one billing cycle to the next. If Customer is a Small Business  Paymenti ifthe Agreement is cancelled aftert the end oft thel Initial Term.  Customer Charges.  Cost Components): and all applicable Taxes (including GRT), excepti for state and! locals sales Taxes.  listed on the Coversheet mayi include the GRT.  the price specified ont the Coversheet.  Version PA_FES_ Commercial Sales    freepoint ENERGYS SOLUTIONS  Customer, Customer can obtain next month's variable price by contacting Seller using the contact information in Section Withr respect to each Facility, Customer may receive one consolidated bill fromt ther relevant EDC each! bill cycle for botht the EDC Charges and thea applicable Seller Charges (the "Utility Consolidated Billing" or" "UCB") and thet bill will be sentt tot the! billing address ont file witht the Utlity. Ins such case, Customer agrees to remit payment for alla amounts reflected ons suchi invoice directly tot the EDCi in accordance with thel EDC's Alternatively, ift the EDC does not provide consolidated billing ort the Parties agree to dualb billing, Customer will, each bill cycle, receive one bill from the EDCf for the EDC Charges (payable tot the EDC) anda as second! billf from Seller for the applicable Seller Charges (payablet to Seller) (the "Dual Billing". Ins such case, Customer agrees tor remit payment ofa all amounts reflected on Seller'si invoice directly to Seller nol later than 20 (twenty) days from the date oft billing. All payments to Seller aret to be mailed to POE Box 733615, Dallas, TX 75373-3615. Alli invoices will Depending on the billf format, charges assessedi to! Large Commercial Customers pursuant to Sections7or 81 hereof may appear on Customer's bill asa al line item or Price adjustment, Regardless of billing method, invoices may cover multiple Facilities where applicable. Ifon! Dual Biling andi ifa ane emaila address isp provided, Seller will provide the invoice bye email, unless Customer. specifically opted to receive invoices by mail. Unpaid balances on Customer's account(s) not received byt the due date specified ont thei invoice willl be subject to al late charge of the lesser of 1.50% per month or the maximum permitted by! Law (the "Interest Rate"). Seller will chargea $351 return check fee for all returned checks. Seller is noti responsible for notifying Customer of anyf failed or returned Seller maya apply any. credit balance on a particular Facility to ab balance owed on any other Facility supplied by Seller. Seller willi include or cause tob bei included ina anys subsequent bill from Seller, adjustments relatedt top previous billings. including estimates, billing or meter reade errors, or other errors or omissions. Sellerr reserves the right top passt through charges ort feesi incurred by Seller toj process payments made byl Large Commercial Customers via ACH or credit card. Ifselected by Customer, any and alla amounts due andp payable pursuant to this Agreement may IfCustomer disputes the Seller Charges on any bill, Customer must] paya anyu undisputed portion of thel bill by the applicable due date. Ifthe unpaid, disputed portion oft thel billi iss subsequentiy resolvedi inf favor of Seller, the Interest Rate willl be applied tos such unpaid amounts. Customer willl ber responsible for the costs of all collection activity, including reasonable attorneys' fees and  22. 5. Billing and Payment. payment terms.  include amounts for applicable Taxes.  payments.  be processed via autopay.  disbursements incurred by Seller ine enforcing thet terms of this Agreement.  Taxes.  Customer shall paya all applicable Taxes associated with sales under, andlor performance of, this Agreement. Thel Price does noti include the applicable state and! local sales Taxes. Seller may collect Taxes from Customer by including them on anyi invoice. Where the Customer claims to be tax exempt, Customer shall provide written evidence ofa anyt taxe exemption to Sellera ande each relevant EDC. Seller will recognizea lawfult tax exemption on a prospective basis only after Customer provides proper documentation to Seller, Customer shalll bel liablef for, ands shall indemnify Seller against, any Taxes anda associatedi interest or penalties assessed against Seller by anyt third partly duet to Customer'si failure to Customer shall provide Seller with timely Notice of any change int the attributes or use ofa any Facility (including any event)t that is Ekely tor result inal load change of 100% or more as compared tot the Forecasted' Volume (a "Change in Usage"). Examples of such changes mayi include equipment outages, shutdowns or replacements, on-site generation, openings or closings, and/or changes in operating hours. AL Large Commercial Customer shall be responsible for payment ofa any costs, charges and/orl losses incurred by Seller resulting from such Changei in Ifthere isa Regulatory Change which causes Seller toi incur new or modified fees, costs or charges Seller reserves ther rightt to passt through the fees, costs ord charges associated with the Regulatory Change toal Large Commercial Customer without markup. Fort the avoidance of doubt, the Parties agree that a change int the rate classification ofa Facility will be deemeda a Regulatory Change. The changes describedi int this Section mayi impact any ora alld oft the charges described int this Agreement, whether described as fixed," "variable," "included," "passed through"  timely provide orp properly: anda accurately complete any suche evidence.  7. Change in Usage.  Usage. Regulatory Change.  or otherwise. Version PA_FES_ Commercial Sales    freepoint ENERGY SOLUTIONS Early Cancellation.  Ifan Event of Defaulto occurs andi is continuing withr réspect to Customer, Sellers shall! havet ther rightt to () designate an early cancellation date (the" *Early Cancellation Date")t to accelerate all amounts owing betweent the Parties andt toli liquidate and cancel any ora all" Transactions (each, a" "Cancelled" Transaction'). Seller shallg give prior Notice to Customer ifrequired byt the applicable Law. Ina addition tot the other remedies specified! herein, upon the occurrence ofa an Event of Default withr respect to Customer, Seller shall be permitted to switch Customer tor receive Default Service ate each Facility. Seller's sales ofe electricity supplyt to Customer ate each Facilly shall be treated as separate transactions (each, a" Transaction') undert this Agreement. Subject to Seller's rights andr remedies hereunder (including those describedi in Section 101 below), Customer may cancel this Agreement by giving 30-day prior Noticet to Seller (unless a different notice periodi isr required byt the applicable Law) ands shallp pay: any amounts owed hereunder in connection with such cancellation and fort the electricity supplied upt tot the effective date of On an Early Cancellation Date, Seller shall close out each Cancelled Transaction so that each such Cancelled Transaction is terminated: and shall calculate and aggregate the Cancellation Payment for all Cancelled Transactions. The Parties agree that a Cancelled" Transaction willl become effective after the Facility dropl has been processed by the applicable Utility and thel Facilityi is nol longer supplied under the Agreement and, in case there are multiple Cancelled Transactions, the effective cancellation date willl be whichever occurs last (the" "Effective Cancellation Date"). In determining the Cancellation Payment, Seller () need not actually enter into replacement transactions, (i) may utilize thel Forecasted Volume or any other Customer-related information it deems relevant to determine the quantity of electricity to be purchased by Customeri fort the remaining term of any Cancelled Transactions, and (li) may consider, among other valuations, any settlement prices of New York Mercantile Exchange electric energy futures contracts, internal curves, quotations from leading dealers ine electric energy swap contracts, and other bona fide party! bids and offers, which mayi include, on an arms' length basis, offers from Seller's affiliates, all adjusted for the remainder oft the applicable term and basis differentials. Notwithstanding: any provision to the contrary herein, if the customer is a Small Business Customer, there willl ber no Cancellation Payment ift the Agreement is cancelled after the date of the Options Customer shall pay the Cancellation Payment to Seller within three (3) Business Days of Customer's receipt of Notice of the amount thereof from Seller, provided that Seller may set off the amount of any Collateral provided by Customer and held by it under this Agreement against the amount oft the Cancellation! Payment. Irrespective of whether a Cancellation Payment is owed! hereunder, Customer shall pay to Seller the Seller Charges incurred up to the Effective Cancellation Date. Seller will refund any Collateral surplus after Customer's obligations to Seller have been paidi int full. Customer acknowledges and stipulates that the payment obligations seti forth herein are difficult to estimate and representa a reasonable approximation of the anticipated harm or loss to Seller as a result of an Event of Default with respect to lf,atanyt time duringt thet term oft this Agreement, Seller determines that (a) Customer has failed to timely pay any amounts due under this Agreement, or (b) Seller hasr reasonable grounds fori insecurity with respect to Customer's creditworthiness, Seller may requiret that Customer provide (in addition to any Collateral previously provided) Collateral fori its obligations under this Agreement. Customer hereby grants to Seller, as security for thep paymenta and performance of Customer's obligations under this Agreement, af firstp priority continuing liena ands securityi interest EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PARTIES' LIABILITY HEREUNDER IS! LIMITED TO DIRECT DAMAGES AS THE SOLE ANDI EXCLUSIVE REMEDY. ANDA ALL OTHERI REMEDIES OR DAMAGES AT LAW ORI IN EQUITYA ARE EXPRESSLYY WAIVED. INI NOI EVENT SHALL EITHERI PARTY BEI LIABLETOT THE OTHERI FOR ANYI INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY BUSINESS INTERRUPTION DAMAGES. CUSTOMERI HEREBY WAIVES ANYF RIGHT ITI MAYH HAVE TO PARTICIPATE ASAPLAINTIFF IN AC CLASS ACTIONI LAWSUIT AGAINST SELLERI IN CONNECTION WITH ANY CLAIM, CAUSE OF ACTION, ACTION OR PROCEEDING RELATING TO THIS AGREEMENT. SELLER MAKES NOF REPRESENTATIONS ORV WARRANTIES OTHER THANT THOSE EXPRESSLY SET FORTH INT THIS AGREEMENT, ANDE EXPRESSLYDISCLAMS ANDI NEGATES ALL OTHER REPRESENTATIONS, AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY/ ANDI FITNESS FORA AF PARTICULAR PURPOSE ORI REPRESENTATIONS. ABOUT GUARANTEED SAVINGS. WITHI RESPECT TOI ELECTRICITY: SOLDI BY SELLER, CUSTOMER INDEMNIFIES, DEFENDS, ANDH HOLDS HARMLESS SELLERI FROM ANY CLAIMS ARISING FROM ANY ACTC OR INCIDENT OCCURRINGA ATC ORAFTERI DELIVERY OF ELECTRICITYTO CUSTOMER. TOTHE EXTENT NOTI PROHIBITED BY1 THE APPLICABLE  cancellation. 10. Penalties and Fees.  Notice.  Customer. 11. Credit.  ina and toa any Collateral (and proceeds and products thereof) that Customer has or may deliver to Seller.  12. Limitation ofl Liability: Disclaimer of Warranties: Indemnity.  Version PA_FES.Commercial: Sales    freepoint ENERGYS SOLUTIONS  LAW, CUSTOMERI HEREBY WAIVES ITS RIGHTS UNDER. ALLI LAWS, RULES, REGULATIONS AND ORDERS PERTAINING TOI RETAIL ELECTRICITY: SUPPLY, INCLUDINGI RIGHTS RELATED CUSTOMERI DISCLOSURES, DELIVERY OF CUSTOMER CONTRACTSTO CUSTOMERS, SPANISHLANGUAGE, RECORD KEEPING, INTEREST PAID OND DEPOSITSA AND CUSTOMER! NOTICES. This Agreement andt the rights and duties oft the Parties under this Agreement are governed by thel laws oft the Commonwealth of Pennsyvania, without regard to confict ofl law principles. Tot the maximum extent possible undert thel Law, article 2oft the Uniform Commercial Code willa apply tot the electricitys soldu undert this Agreement, EACHF PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLELAW, ANY RIGHT ITI MAYI HAVETOATRIAL BY. JURY INF RESPECT OF ANY SUIT, ACTION ORI PROCEEDING RELATING TOT THIS AGREEMENT. Customer may not assignt this Agreement or any ofi its rights or obligations hereunder without Seller's prior written consent which shallr not be unreasonably withheld. Seller may assignt this Agreement andi its rights ando obligations hereunder after Noticet to Customer. Any assignee hereof shall be subject to all the provisions and conditions oft this Agreement as applicable toi its assignor tot the same extent as though such assignee were and original Party tot this Agreement. Ifthis Agreement is assigned, itst terms and conditions will remain the same, unless otherwise agreedi inas signed writing byt thel Parties. This Agreement willi inuret tot thel benefit ofa and! bel bindingt upont thel Parties andt their Notwithstanding: any other provision oft this Agreement, ifaf Partyi is unable to cary outa any obligation undert this Agreement due to Force Majeure (other than aj payment obligation relating top performance provided prior to or during the Force Majeure, which shall not be excusedf for Force! Majeure), thisA Agreement will remain ine effect buts such obligation willl be suspended for the duration oft thel Force Majeure, provided: 0) the claiming Party notifies the other Party as soon as practicablei in writing oft thep particulars of the Forcel Majeure; (i)s suspension of performancel is ofr no greater scope and duration thant required! by the Forcel Majeure; and (i) the claiming Party uses commercially reasonable effortst tor remedy itsi inability top perform. Ift the Force! Majeure continues for a period of 30 days or morey where Customerist the declaring Party, then Seller may cancelt this Agreement with respect tot the Facilities adversely affected byt the Force Majeure upon 15 days' prior Notice to Customer. Itise expressly agreed byt the Parties thatt the ability of Seller tos sell thep products ands services provided hereunder ata a greater price, and the ability of Customer top purchase the products ands services provided hereunder for al lower price, than the price specified! herein shallr not constitute ane event of Forcel Majeure. Selleri isr notr responsible for transmitting or distributinge electrice energy. Int the evento ofap power outage, Each Party represents and warrants tot the other Party that Qitis duly organized, validly existing and ing good standing underi the! laws oft the jurisdiction ofi itst formation andi is qualified to conduct its business int thosej jurisdictions necessary top perform tot this Agreement; (i)ith has the powera anda authority to sign and perform this Agreement and, with respect to Customer only, tol bind each Facility tot the terms and conditions of this Agreement; (i) the execution oft this Agreementi isv withini its powers, has! been duly authorized and doest not violate any oft thet terms or conditions ini its goveming documents or any contract tov whichit itisa a party or any law applicable toi it; (v)itir intends to be! legally bound by this Agreement and! has caused the Agreementt to bee executed byi its duly authorized officer orr representative as oft the dates shown ont the Coversheet; (v)i itisr not Bankrupt; (vi)i it has knowledge ande experiencel in business matters thate enablei ittoe evaluate the merits andi risks of enteringi into this Agreement; and (vil) alli information provide byittot the other Partyi is true, correcta and completei ina all material respects. Inc connectiony with the negotiation ande execution oft this Agreement, Customer represents and warrants to Seller that: (a) Selleri is not acting as afi fiduciary, commodity trading advisor or other advisor for Customer; (b) Customer understands the risks associated" witht this Agreement, has consulted with its owni independent advisors and has madei its own decisions with respect hereto! based uponi its own) judgment andi not upon any advice of Seller; (c) Seller hasr not made any representations toi it tconcemingt the advisability ofe enteringi intot this Agreement or any addendal hereto; (d)i ifther meter of any Facility! has a residential rate classification, such meteri isi incidental to the sale ofe electricityt tot the other Facilities hereunder; (e) for allp purposes thatr mayl impacti its electricity usage, Customer will operate thel Facilitiesi int the same or substantially thes same manner asi ithasi int the lastt twelve (12) months preceding the date whent the Agreement has become effective; (itise entering this Agreement as principal andr nota as agent for any other party; (g)! itis nota a residential customer andi is eithera a Small Business Customer or Large Commercial Customer andl h) Customer does not have net metering as defined int the Pennsyivania Altemative Energy Portfolio Customer agrees tol keep allt terms and provisions oft this Agreement, anda all communications in connection! herewith, including pricinga and other terms offeredt to Customer, confidential andt to not disclose them to anyt thirdp parties without the prior written consent of Seller, except as otherwise required byl Law orj judicial process. Customer hereby authorizes Sellert to obtainf fromt the EDC account-related information, including its account name, account number, billinga address, service address, billing andp payment history, standard offer service type, rate classification, historical usagei information (including historical intervalr meter data) andp peake electricity demand (individually ando collectively, the' Customer Data'). Seller willl keep Customer Data confidential and usei itt top performi its obligations undert this Agreement, to calculate ayf fees owedt to brokers thath have providedi referral services in connection with this Agreement andi for collection purposes. Customer further agrees that Seller  13, Governing! Law.  14. Assignment.  respective successors andp permitted assigns. Any assignmenti iny violation oft this Section: shall be void.  15. Force Majeure.  Customer should contact the relevant EDC.  16. Representations.  Standards Act. 17. Confidentiality.  Version PA_FES. Commercial Sales    freepoint ENERGYS SOLUTIONS  may disclose any Customer Data (t tot the EDC, ()t toa third partye energy consultant, broker or third party service provider who! has provided services to Selleri inc connection witht this Agreement, Seller's affliates orp prospective purchasers ofa all orp part ofi its business andt their respective agents, allo ofwhichl have agreedt to keep suchi information confidential, or (v) as requiredl by! Law orj judicial process. Unless otherwise required byl Law, the Parties wills sendr notices relatingt tot this Agreement in writing! by electronic mail, U.S. mail, overnight courier, or hand delivery (each, a' "Notice"), provided that Seller may communicate ori inquire about operational decisions byt telephone. The Notices shall be delivered, with respect to Customer, tot the address specified on the Coversheet. By providing an email address, Customer agrees tor receive contract-related notices electronically. Customer agrees toi inform Selleri ifa any oft the contacti information provided ont the Coversheet changes. Thel Notices shall be delivered, with respect to Seller, as specified int the "Contact Information" Section below.. Notice! bye electronici mail orl hand delivery will be deemed received by close oft the Business Day transmitted or delivered (ift transmitted or delivered aftert that close, itwillt be deemed received! byt the close oft ther next Business Day). Notice! by overnight courier willl be deemed received! by close oft the Business Day ont the day delivered. Notice! by! U.S. mail willl be deemed received by the close oft the third Business Day after the date ofr mailing. APartyr may change its address or contacti information byp providing! Notice tot the other Partyi ina accordance herewith. Each Party agrees, understands and: acknowledges that: (a) this Agreementi isa" "forward contract" and a" "master nettinga agreement" as defined int thel United States Bankruptcy Code (the" "Code"); (b)t this Agreement shallr notl be construed as creating an association, trust, partnership, or joint venture in any way! betweent the Parties, nora as creating any relationship betweent the Parties other than that ofi independent contractors for thes sale andp purchase ofac commodity; (c) Selleri isr nota a "utility as defined int the Code; (d) commodity supplyy willb bep provided by Seller under this Agreement, but delivery willl be provided! byt the Customer's EDC; and (e) Customer's EDC, andi not Seller, is responsible for respondingt to Ata anyt time during the Initial Term (butr not more frequently thand once during any six-month period), Customer mayr request Sellert toy provide new price quotes fori its fulle electricity supplyr requirements orap partt thereof, fort the remaining Initial Term, a part thereof or ane extended term (the" Conversion Option"). Seller shalle endeavor top provide Customer non-binding quotes for the Conversion Option, provided that Seller does not guarantee staff availability for execution ofa any Conversion Option atas specific price orf for as specific term, andp provided further that Seller shall not be! liable fori failuret top provide price quotes ore execute any specific addendum therefor. No agreement fora Conversion Option willl be deemed to exist between thel Parties unless and untila an addendum tot this Agreemento or superseding electricity supply agreementi is executed and delivered byt thel Parties. For the avoidance of doubt, the Parties agree thati ifr no such addendum or superseding agreementi is enteredi into byti the Parties, thel Parties' respective rights ando obligations will remaing govemed bya ands subject to the terms and conditions oft this Agreement. (a) Information on generation energy sources, energy efficiency, environmental impacts orl historical billing datai is available uponr request by () Ifthe Pricei is not fixed andi is based on ani index and thei indexi is not announced orp published on any dayf for any reason or ift the Seller reasonably determines that ar material change int thet formula for or the method ofo determining thei index has occurred, then Seller will use a commercially reasonable replacement price thati is calçulated! byt the Seller. Seller makes no representations aboutg guaranteed savings. (c) IfSmall Business Customer needs historical variable pricei information, itr may obtain the: average monthly! billedt rates for the previous 24 months (orf for the months availablet to date) for Small Business Customers witht the same rate class and localedi int the same EDCS service territory whol have received service on a variable rate! byo caligo or e-mailing Seller att the telephone number ore e-mail address seti forth (d) Int the eventt therei is al Regulatory Change ora a Changei int Usage anda as a result ofs such change wei incura additional costs, losses andlor expenses inp performing our obligations undert this Agreement or whenever wep propose to changet thet terms of servicei in anyt type of contract, wey willt treat this as a contract change andy youv will receive two separate written notices that precede the effective date oft the proposed changes. Thel Initial Notice will occur between 60-45 days priort tot the effective date oft the proposed contract change, the Options Notice will occur atl least 30 days priort tot the effective date ofthep proposed contract change. If, after receipt oft the notices, you affirmatively consent tot thep proposed changes, this Agreement will continue with the changed termsi incorporated into it, lfyout take no action! before the deadline setf forthi int the notices, we will cancelt the Agreement andi the affected Facilities willl be switched tot the! Default Service provided by the applicable EDC. Youv will not be charged a penalty ore early cancellation fee in connection withs such cancellation, buty youy willl be responsible for any unpaid Seller Charges incurredp priort tot the cancellation oft the Agreement. (e) Ifshopping for ane electric supplier, Customer may obtain! information! by visitingy wwwPaPowerwich.com or other successor media platform as determined byt the Commission, by calling the Commission at( (800) 692-7380 andt the Office of Consumer Advocate at (800)  18. Notices.  Customer shalll keepi its contacti information updated andp provide Seller withp prior Notice of any changes.  19. Acknowledgements.  outages, leaks ore emergencies shouldt they occur.  20. Conversion Option.  21. Additional Special Provisions for Small Business Customers.  Small Business Customers.  below.! Historical rates are noti indicative ofp present orf future rates.  684-6560 or at www.oca.slate., pa.us.  VersionP PAJFES_Commercial. Sales    freepoint ENERGY SOLUTIONS 22. Contact Information. Customer Service asf follows: Freepoint Energy Solutions LLC 3050 Post Oak Blvd, Suite 1330 Houston, TX77056 Attention: Freepoint Retail Operations Our website: wwwirepolntsowutomscon Customer Service Tolll Free Number: 1-800-9B2-1670 Customer Service Fax Number: 1-713-583-9087  Int the event of any dispute, complaint or other concern Customer may! have concering this Agreement or our services, please contact  Customer Service Hours: Business Days from 8:00AM1 to 5:00PM central time Customer Service Email: ustomerRelations@reeepohntsolwlons.com  Ifyouro complaint is not resolved after you! have called! Seller and/or) youre electric EDC, Customer may contact the Commissioni for further assistance at1 1-800-692-7380 (tollf free), at4 4001 North Street, Keystone Building, Harrisburg PA1 17120 or aty www.puc.pa.Qov, Inc case ofe emergency, including ap power outage, please contacty your EDC att the contacti information setf forth! below.' Your EDCI iss specifiedi int the Contract Summary. Ify you! have multiple Facility(ies), the applicable EDCf fore each Facilityi is specifiedi int the Facility Attachment! hereto.  Duquesne Light Company: 411 Seventh Avenue (6-1), Pittsburgh, PA 15219 Toll free phone number: 1- 888-393-7100 EDC website: www.duguesnelght.com Universal Service = Customer Assistance Program: Tollf free phone number: 888-393-7600 Pennsylvanial Electric Company: 76S1 Main Street, Akron, OH4 44308 Tolli free phone number: 1-800-545-774 EDC webslewww.frsenergenergycorp.com/enelec Universal Service - Customer Assistance Program: Tollf free phone number: 800-962-4848 Philadelphia Electric and Gas Company: 2301 Market Street, Philadelphia, PA 19103 Toll free phone number: 1-800-841-4141 EDC website: www.peco.com Universal Service - Customer Assistance Program: Tolli free phone number: 800-744-7040 West Penn! Power: 76 SI Main Street, Akron, OH4 44308 Tolli free phone number: 1-800-255-3443 EDC website: WSEPREOIODCNAESL penn power Universal Service - Customer Assistance Program: Tollf free phone number: 800-207-1250  Metropolitan Edison Company: 76 SI Main Street, Akron, OH 44308 Tolli freep phone number: 1-800-545-774 EDC website: wwsereopcomnet edison Universal Service- Customer Assistance Program: Toll freey phone number: 800-962-4848 Pennsylvania Power Company: 765 SI Main Street, Akron, OH4 44308 Tolli freep phone number: 1-800-720-3600 EDC website: wwintreptpamre power Universal Service - Customer Assistance Program: Tolli freep phone number: 800-720-3600 PPLI Electric Utilities: 8271 Hausman Road, Allentown, PA 18104-9392 Tolli free phone number: 1-800-342-5775 EDC website: www.pplelectic.com Universal Service - Customer Assistance Program: Tolli free phone number: 800-358-6623  Your EDC may have programs available to customers who are on al limited ori fixedi income to assist with EDCI bills. Some oft these programs might include bill payment assistance and weatherization services. Information ony your EDC's assistance program, ifany can be obtained by contacting This Agreement constitutes the entire agreement between thel Parties ands supersedes any prior or contemporaneous agreements or  your EDC att ther number listed above, 23. Miscellaneous. Version PA_FES_Commertial Sales    freepoint ENERGY SOLUTIONS  representations affecting thes subject of this Agreement. Sections! 5, 6,1 10,1 12,13, 18 and 231 hereof and all provisions int this Agreement regarding payments andi indemnification shall survive the cancellation ore expiration hereof untilt the expiration oft the applicable statute of limitations. This Agreementr may be executedi ins several counterparts, each ofv which will be an original anda all ofv which constitute one and the same Agreement. Each Party may assume thata all notices and emails sentf from the other Party have! been sent by an authorized representative ofs such other Party. Title andr risk ofl loss to electricity willp pass from Sellert to Customer att ther relevant Delivery Point(s). Subject tot ther rights thati may accruet to anys successors or permitted assignees oft the Parties, nop provision oft this Agreementi is tot be construed as creating any Customer agrees that compensation owedt to anyt third party representing! Customer inc connection witht this Agreement may! be includedi int the Pricea and Customer wili indemnify ando defend Seller against, andh hold Seller harmless from, any Claims made! by any such third party (includingt for amounts owed to any such thirdp party thata are noti included int thef Price) anda any costsi incurred by Seller withr respect tos such Claims (including legalf fees ando disbursements). Any provision ors section! hereof declared ort rendered unlawfull bya court or regulatory agency or deemed unlawful! because ofa changei in Law wilr not otherwise affectt the remaining lawful obligations thata arise under this Agreement. Excepta as otherwise providedint this Agreement, ther rights, powers, remedies, andp privileges provided int this Agreement are cumulative and not exclusive ofa any rights, power, remedies, and privileges provided byl Law. Seller reserves all rights, setoffs, counterclaims, combination of accounts, liens and other remedies and defenses whichi it has or may! bee entitledt to (whether by operation ofl law or otherwise). No waiver! by Seller ofa any breach oft this Agreement by Customer ise effective unless expressly made Iny writing, and any such waiveri is effective onlyi int that instance and only fort the purpose expressly statedi inv writing and (nott tob be construed as a waiver ofa any other breach. As usedi int this Agreement, thet term" "including" means including without! limitation." Anyf fee, charge, Cost Component or cost thati is expressed ins per MWh Customer acknowledges that Seller andi its Affliates arei int thel business of buying and sellinge electricity andi related products within the various markets for their own respective accounts andt that () such participationi ins such markets may affect the relevant market prices usedt to determine charges hereunder and (i)r nothingi int this Agreement restricts Seller or any ofits Affiliates from participatingi ina activities thatr may affectr market prices. Customer willi not (a) withhold payment for any reason, exceptf fori its right to dispute invoices; or (b) resell any portion of the electricity purchased from Sellert to anyt third party. Customer further represents and warrants thati itwill not own or use any on-site generation ort thermal or battery storage capabilities ata any Facility during thet term hereof. (the "RGF Representation')! Ifthel RGI Representation ist breached and Seller, ini its sole discretion, agreest to waives such Event ofDefault, Seller shallo continue top provide electricity supplyt tot the Facilities undert this Agreement and shall credit or compensate Customer for anye excess generationa att thel LMP rate. This Agreement anda all  rights enforceable byat third party, anda allt third party beneficiary rights are expressly negated.  may! be converted to $p per KWht for purposes ofb billing or any other calculation madel hereunder.  sales ofe electricity hereunder form as singlei integrated agreement betweent the Parties,  24. Definitions.  Asu usedi int this Agreement, thet following terms have the statedr meanings; provided, that capitalized termsi int this Agreement not defined int this Section "Ancillary Services" means those applicable ancillary services required tof facilitate delivery of Energy as setf forth int the applicable ISO Open "Bankrupt" means withr respectt toa aF Party, such Party ()f filesap petition or otherwise commences, authorizes or acquiesces int the commencement ofap proceeding or cause of action under any! bankruptcy, insolvency, reorganization or similar law, or has any such petition fled or proceeding commenced against it, (i) makes an assignment or any general arrangement for the benefit of creditors, (ii) otherwise becomes bankrupt or insolvent (however evidenced), (iv) has al liquidator, administrator, receiver, trustee, conservator or similar official appointed withr respect toitor "Business Day" means any day other thana a Saturday, a Sunday or a day on which commercial bankingi institutions are authorized or required "Cancellation Payment" means, with respect to a Cancelled Transaction, () the! Early Cancellation Amount (ifa any) plus (i) all of Seller's Costs. h. "Commodity Charges" means a portion of Customer's electricity bill fore each Facility which shall be equal to Customer's Energy Usage ats such "Claim" means all claims, demands, suits or actions ofe every name andr nature, threatened orf fled before or after this Agreement is cancelled, both atl law and in equity, and whether groundless, false, or fraudulent, that directly or indirectly relate to the subject matter of an indemnity contained in this Agreement, and any and all resulting losses, damages, penalties, fines, costs and expenses (including attorneys' fees and "Collateral" means, with respect to al Party, cash margin, letter of credit or other credit support or collateral provided to secure such Part/s obligations under this/ Agreement, each ina aform, from ab bank, andi ina an amount acceptable tot the Party requesting the Collateral. "Contract Value" means with respect to each Cancelled" Transaction, as oft the! Early Cancellation Date, thep product of (a) the Price, and (b) the  will have the meaning ascribed thereto elsewhere thisA Agreement (allo definitions apply tos singular andp plural forms): Administrative Fee" means at fee charged by Sellerf for the electricity supply provided under this Agreement. "ARR" means auction revenue rights and associated congestion credits as allocated by PJM and received by Seller.  Access Transmission Tariff.  any substantial portion ofi its property ora assets, or (v)i is generally unable toj payi its debts as they fall due. "Capacity means the unforced capacity obligations as specified in thel PJME Reliability Assurance Agreement. Facilityr multiplied! by the applicable Price, unless otherwise specifiedi ina anya addendal hereto.  byLawt tob be closed,  expenses ando courto costs) however incurred. Commission" means Pennsylvanial Public Utility Commission.  Remaining Usage (asr reasonably determined! by Seller based oni its present value).  VersionF PA_FES_Commercial Sales    f freepoint ENERGY SOLUTIONS  m. "Costs" means, and shall include (at the election of Seller but without duplication), any brokerage fees, commissions and other transactional andlora administrative costs, losses ande expenses incurred by Seller as a resulto of Seller's maintaining and/or liquidating any hedges or other risk management contracts andlor enteringi into newa arrangements tor replace the Cancelled Transactions, and any out-of-pocket expenses incurred byit, including attorneys' fees ande expenses, by reason oft the enforcement andp protection ofi its rights under this Agreement or any Cancelled n. "Cost Component" means the relevant electricity supply costs stated on the Coversheet or any addenda hereto which mayl bei included in the "Default Service" means the generation services that are typically provided by the electric utility to those who do not choose another electric generations supplier, are unable tot finda an electric generation supplier willing tos serve them, orr no longer receive generation services from another Distribution Charges" means part oft the! basic service charges one every customer's bill for delivering electricity from the EDCt toy your home or business. The distribution charge is regulated byt the Commission. This charge will varya according to! how muche electricity you use. "Early Cancellation Amount" means, with respect to a Cancelled Transaction, the positive value (ifa any) resultingf fromt the Contract Value! less the Market Value, as reasonably determined by Seller and discounted to present value as oft the Early Cancellation Date, "EDC" or Electric Distribution Company" means the public utility that provides facilities for the transmission and distribution of electricity to retail customers. Electric distribution companies are regulated by thel Public Utility Commission. Exceptions include building or faclity ownersor operators that manage their internal distribution system ands supplye electric power ande electrics services to occupants oft the building orf facility. "Energy means the electrical energy ata a specific ISOI load zone, calculated based on costs that will include the LMP andt the applicable Line "Energy Usage" means Customer's meterede energy usage for each Facility measuredi in! KWh, as reported byt the Utility for the applicable period "Estimated Start Date" means the date set byt the EDC, during or after the mmyyyy specified on the Facility Attachment. "Event of Default" means: (a) thef failure ofa Party tor make timely payments of any amounts due under this Agreement or al Party becomes Bankrupt; (b) any representation or warranty made! by al Partyi in this Agreement proves to bet false or misleading when made or repeated; (c)a Party fails to perform its obligations hereunder and (to the extentr note excused by Forcel Majeure) sucht failurei is not cured within five (5) dayso of receiving the other Party's! Notice thereof; or (d) withr respect to Customer only, (A) thet failure by Customer to utilize Seller asi its sole supplier of electric energy fora anyo of thel Facilities specifiedi int this Agreement (including having one or more Facilities disconnectedi from EDC service! by any EDC); (B) one or more Facilities failt to enroll; (C) Customer fails to provide Collateral in accordance withint two (2) Business Days of receiving Seller's written demand therefor; (D)a a Transfer Event occurs withr respectt to Customer or (E) Customer seeks tor repudiate the Agreement. Facility" means eache electrica account meter located ate each service address specified tor receive electricity supply pursuant tot this Agreement, "Forcel Majeure" means ane event (a) not within the reasonable controi oft the Party, (b) not caused byt the negligence oft the claiming Party, and (c)which, int the claiming Party's exercise of due diligence, the claiming Partyi is unable to overcome orf for which the claiming Partyi is unablet to obtain commercially reasonable substitute performance. Notwithstanding the foregoing, Force Majeure includes: an event of Force Majeure affecting any relevant EDC orl ISO; a suspension, curtailment, or service interruption by the EDC or ISO; or a cyber incident affecting network security or computer systems, applications ord data, including! but notl limitedt tol hacker and/or denialo of servicea attacks andp propagation ofm malicious Forecasted Volume" means the Customer's expected KWh electricity consumptiont for each month oft the Initial Term as set fortho ona any Facilily aa. Generation Charges" means the charges for producing electricity. Generation service is competitively priçed and is not regulated by the Commission. If you purchase electricity from an electric supplier, your generation charge will depend on the contract between you and your  Transaction.  Pricea asi indicated ont the Coversheet or any addendal hereto. "Delivery Point" means thel loadz zone associated" withe each Facility.  electric generation supplier.  Losses.  orasr reasonably estimated by Seller,  as set forth ont thel Facility Attachment.  code affecting the claiming Party, thel EDC ort the ISO.  Attachment or addenda hereto or as reasonably determined by Seller based on! historical usagei information.  supplier.  bb. "GRT' means the gross receipts tax. CC. "ISO" means the: applicable independent system operator.  dd. "Large Commercial Customer" means a customer whoi is nota ar residential customer ora Small Business Customer. ee. "Law" means any constitution, law, statute, regulation, rule, protocol, tariff, procedure, exchange rule, decision, writ, order, decree, orj judgment, oranyi interpretation thereof! by any court, government agency, regulatory body, instrumentality or otherj jurisdictional authority. ff. "Line! Losses" means the costs reflecting the difference between thel Energy Usage and thel ISO settlement volumes. g9. "LMP" means the realt timel locational marginal pricef fort the Facility's applicable load: zone, whichi isp published by PJMf fore eachs settementi interval ande expressed in $/MWh, provided thatt thel LMPI may be converted to $/KWhf for billing purposes. hh. "Market Value" means withr respectt to each Cancelled" Transaction, as oft the Early Cancellation Date, thep product of( () the! Remaining! Usage and (i) ther market price(s) aty whichs such Remaining Usagei is commerciallya availablet to Seller (all, withr respectt to () and (i), as reasonably determined ii, "MLC" means marginal loss credits and associated transmission loss credits as received! by Seller. - "NSPL" means the Facility's! Network Service Peak Load as defined by PJM andi its value on the Effective Date willl be ass setf forth ont the Facity Attachment or as reported! byt the applicable EDC (ifr no valuei isi includedi int thel Facility Attachment). kk. "Party" or" "Parties" means Seller and/or Customer, individually or together, ast the case may be. . "PJM" means PJMI Interconnection L.L.C., the regional transmission organization.  by Seller based ont their presenty value).  Version PA_FES Commercial Sales    freepoint ENERGYS SOLUTIONS  mm. "PLC" means the Facility's Peak Load Contribution as defined by PJM andi its value on the Effective Date will be as set forth on the Facility nn. "Price" means, duringt the Initial Term, the unitp price specified ont the Coversheet or any addenda hereto, and after expiration of the Initial Term, ther market! based price determined by Seller in accordance with Section 41 hereof. The Price may be higher or lower than the EDC's price to 00. "Regulatory Change" meanst thei introduction ofa anyr new, ora any changeir in, Law,rates, charges, Capacity obligations, PLCorN NSPLdeterminants, load profles, network transmission obligations, demand response programs, resource orf fuel adequacy programs, renewable portfolio standards or other renewable energy requirements, EDC or ISO/RTO operations, market structure, congestion zone design, EDC tariffs and/or ISO/RTO pp. *Remaining Usage" means the electricity supply which would have been provided by Seller under each Cancelled Transaction during the qq. Renewables' meanst ther mix ofRenewable Energys sourcest that Selleri isr requiredbyLawt tor meetf fort ther renewable portfolio, renewable electricity m. Renewable Energy" means the resources used to generate electricity thata are replaced naturally, orl byr mankind's contribution (municipal solid wastei incineration and! landfill methane). Renewable energy mayi include fuels andt technologies such as solar photovoltaic energy, solar thermal energy, windp power, low! head! hydropower, geothermal energy, landfill andr minel basedr methane gas, energyf fromv waste ands sustainable biomass SS. "Service End! Date" means, with respectt to each Facility, the date set byt the EDC occurring during or immediately after the month specified on tt. "Service Start Date" means, with respect to each Facility, the datev whent the applicable EDCI has completed all required enrollment processes uu. "Small Business Customer" means aj person, sole proprietorship, partnership, corporation, association or other business entity that receives electrics service under as small commercial, small Industrial or small business rate classification, and whose maximum registered peak load was W. "Taxes" means all tax, duties, fees, levies, premiums or any other charges of any kind relating tot the sale, purchase or delivery of electricity, ww. Transfer Event" means, with respect to Customer: (A) Customer merges or otherwise consolidates with another entity and thec creditworthiness of the merged or consolidated entity (as reasonably determined by Seller) is either () inferior to Customer's or (i) equal to or greater than Customer's but such entity fails to assumei inv writing allo of Customer's obligations under this Agreement; or (B) Customer sells allo ors substantially XX. Transmission' means networkt transmission service ande enhancement definedi int the applicable ISO Open Access Transmission' Tariff. yy. Transmission Charges" means the cost for transporting electricity from the generation source to youre electric distribution company. Forr most electric customers who select a new supplier, transmission costs will be included in the charges from your new supplier. FERC regulates  Attachment ora as reported! by the applicable EDC (f no valuei isi includedi int thef Facility Attachment).  compare, therefore savings are not guaranteed by the Seller.  tariffs, rules or protocols.  remaining ter oft the' Transaction hadt the Transaction not been cancelled, as reasonably determined by Seller. ands similar standards orr requirements ine effecti int the state ando otherj jurisdictions inv whiche each Facilityi isl located.  energy the Facility Attachment.  enabling Sellert tos start the delivery ofe electricity tot thel Facility. lesst than 251 KW within thel last 12 months. including sales, consumption, or commercial activity tax.  allo ofi its assets toa another person.  transmission prices ands services. This charge will vary withy your source ofs supply. zz. "TPV means a Seller approved and thirdp party verified recording.  Version! PA_FP.08.17.2021  Versionf PA_FES_Commercial. Sales    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 Oficer Amanda Feltenberger Director of Integrated Services  HUMAN SERVICES DEPARTMENT COUNTY GOVERNMENT CENTER ANNEX-1*FLOOR 124WEST DIAMOND: STREET, P.O. BOX1 1208 BUTLER, PA 16003-1208 BButler Countp TELEPHONE: (29,85M-TIDUSERSC (724)284-5473 FAX:( (724)284-5128-E EMAIL: bomhmr@eobuter.paus  DATE: TO: FROM: RE:  February 8, 2024 Lori Altman Brandon Savochka Human Services Director Human Services Agreements  Human Resources Director/Chief Clerk  Commissioners Public Meeting-F February 14, 2024  l'am requesting Commissioners approval oft thet following Human Services items:  Human Services  1. Approval of the following Human Services amendments for December 7, 2022 -June 6, 2024:  Amendment #1 Catholic Charities ESG22: Amendment #1 The Care Center ESG2 22:  Decrease by $5,000 to make the new total $275,911. Increase by $5,125 to make the new total $23,575.  2. Approval of the following Human Services amendment for. July 1, 2023 - June 30, 2024:  Amendment #1 The Children's Home of Pittsburgh  Add the following services:  Evaluation - Social Work (Home/Comm) Social Work (Home/Comm) IFSP Teaming-Social Work Evaluation - Audiology (Home/Comm) Audiology (Home/Comm)  31.23 31.23 31.23 44.74 44.74  %1 hour % hour hour %1 hour hour  T1027 T1027 99366 V5008 V5299    valuation-Nursing (Home/Comm) IFSP Teaming-Nursng/Heatn Services oaluton-Numinglumtion (Home/Comm) NursingNutrition (Home/Comm) Evaluation- - Sp. Instruction - Nutrition (Home/Comm) Special Instruction-Nutrition (Home/Comm) IFSP Teaming - Sp. Instruction - Nutrition Evaluation - Occupational Therapy (Home/Comm) IFSP Teaming - Occupational Therapy Evaluation - Physical Therapy (Home/Comm) IFSP Teaming - Physical Therapy Evaluation - Psychological Services (Home/Comm) Psychological Services (Home/Comm) Evaluation-Speech TheraP/lome/Comm) IFSP Teaming - Speech Therapy Evaluation - Special Instruction (Home/Comm) Special Instruction (Home/Comm) IFSP Teaming - Special Instruction Sp. Instruction-Behavior (Home/Comm) IFSP Teaming -Sp. Instr.-Behavior Interpreter Service (Home/Comm) Nursing/Health Services - RN (Home/Comm) Nursing/Health Services - LPN (Home/Comm)  30.58 30.58 30.58 30.58 30.58 30.58 30.58 34.70 34.70 34.70 34.70 30.32 30.32 251.22 Per Session 34.70 30.58 30.58 30.58 30.58 30.58 29.69 30.58 30.58  %1 hour hour % hour %h hour % hour %h hour % hour %1 hour Mhour %1 hour Whour %1 hour %h hour Whour % hour %1 hour % hour %1 hour Whour %h hour %h hour %h hour  T1001 99366 $9470 $9470 W4406 W4407 W4406 97166 99366 97162 99366 96150 96152 92523 99366 W0019 W0020 99366 W4405 W4405 Coll. G0299 G0300  Drug & Alcohol  1. Approval oft the following Drug & Alcohol contract for September 23, 2023 through June 30, 2024:  Prevention Contract  Townsend Associates LLC: Facility No. N/A  Consultant services to the Butler County D&A Program Cost Reimbursed  for the Drug Free Communities (DFC) Grant  UP1 TO A MAXIMUM CONTRACTED AMOUNT OF $9,375.00  Ify you have any questions or require further information, please give my office a call. Thank you.    NICKLAS KING MCCONAHY Real Estate Appraisers and Consultants  DavidJ.K King, MAISRA David E.1 McConahy, MAI JohnF.K King Connor M. King Raymond) J.N Nicklas (1929-2014)  January 26, 2024 Sheryl) Kelly Farmland) Preservation. Board Butler County 124 W. Diamond Street Butler, PA1 16001 Dearl Ms.1 Kelly:  SAMPLE  RE: Contract forl Nicklas Kingl McConahy toj provide] professional real estate appraisal services.  Thei following terms set fortht thep provisions under whichl Nicklas Kingl McConahy willp provideprofessional. services. Ifyou agree with and accept this proposal, please sign and return one copy, together with any required fees and attachments within ten days of our proposal date, otherwise thei fees and estimated completion time are: subject to  change.  Subject Property. Address: TBD Titles Owner: TBD Clientl Name: Butler County Client Phone: 724-284-5305 Email: kely@cobuterpaus  Client Address: 124W.Diamond: Street, Butler, PAI 16001  Scope of Assignment: Toe estimate valuea andj preparea al USPAP Compliant report for farmland preservation purposes.  Purpose of Assignment: Market Value Estimated' Timet to Complete: TBD Feef for Assignment: TBD  Deliver: Digital reports submitted to: skelly@cobuterpaus  Terms ofPayment: N/A tol bei retured with signed contract as ar retainer fee.] Iftherei isab balance due, itr must be paidi in  full in exchange for the completed assignment. Under no circumstances will an assignment be mailed or delivered unless the entire fee: is paidi in full. Verbal reports of value, before submission  ofther written report, willt not ber made unless thei feei is paidi in full.  Cost ofE Each Additional Copy: $50.00  20280 Route: 19. Cranberry Township, PA: 16066 . Phone (724) 776-9191.  FAXC29,769805-EMA nkm@nkmac.com    Page Two January 26, 2024  The fee quoted here covers preparation and delivery of the written report. Any additional profession services, including consultation meetings, any: form of litigation or court testimony, or any other activity relating to the assignment, willl be charged additional fees commensurate witht the amount oftimer required forp preparation andj presentation. The appraiser is not qualified to detect hazardous materials. The value estimate willl be predicated on the assumption that therei isi nos suchr material on ori in thej property that would causea al lossi in valuer unless otherwise statedi int ther report. Thes appraisal willl be developed and prepared in conformity with and: subject tot the requirements oft the Appraisal Institute's Pleasei indicate thei name(s) andy phone number(s) tol be contactedi for ani inspection oft thes subject property:  Codec of Professional: Ethics: and Standards ofProfessional. Appraisal Practice.  1. 2.  Phonel No. Phonel No.  Thei following checkedi items aret tol bei made: availablet tot thes appraiser upon! his/her visit tos subjecty property:  X Maps, Surveg,laseAgramemt, Non-boiler plate! building specifications; Copies ofa all applicable actual and/or proposed leasei instruments; Income and expense statement projections; Annuali insurance) premiums fori firei insurance;  Historical: actuali income ande expense statements: for the past. 3 years, including most recently completed quarterly Existing mortgage terms, including date commenced, interest rate, amount of loan, amortization period, balloon Proposed mortgage terms, including interest rate, amount ofl loan, amortization period, balloon term, and] loan-to-  statements; term; valuey proportion;  Copy ofLegal Description fromi most recent deed(s).  Respectfully: yours, NICKLASKINGMACONAIY Ag DavidJ J.King, MAISRA  By my authorized signature, I hereby employ the services ofl Nicklas King McConahy according to the terms set forth  above.) Enclosedi isac checki int the: amount of$  payablet toNicklas King! McConahy.  Date:  (Signature)    Subgrant Award Notification  pennsylvania COMMISSIONONCAME ANDDELINQUENCY  1of1 Page  1.F Recipient Name and Address Butler County Commissioners P.O. Box 1208 Butler, Pennsylvania 16003-1208  2. PCCD Subgrant Award Number 2022-DM-01-40890 3. Total Award Amount: $337,000.00 5. Project Period 8/12022-7731/2024 7.F Funding Details Fund Source #1  4. Project Title  "BCP Tek 84 Intercept and Germ Souitions USA" This grant is approved subject to such conditions or  6. Special Conditions limitations as set forth below:  2022 DM Award Amount: $337,000.00 2022 DM Federal Award #: NU5OCK000527-03  1. This award will become effective when an appropriate 2022 DMI Project Period: 8/12022-7731/2024  official ofy your organization accepts it by signing and 2022 DM ALN: 93.323  attaching the signed copy to Egrants. 2. This subgrant is offered on the condition that you comply in administering your program with: a. All oft the representations contained in your application, as amended b. The most recent version of PCCD's standard subgrant conditions (December 2020) PCCD's Applicant's Manual d. For federally funded awards, all applicable federal grant guidelines including, but not limited to, 2 CFR 200 and the special conditions listed on PCCD's federal award(s) applicable to this subaward. PCCD's federal awards can bet found at tp.NwpedpagowfruangPapesrcc.  redera-Awards.aspk  8. Fiscal Contact Mr. Daniel Hoon dhoon@pa.gov 717-265-8473 Derin Myers Administration /Derin Myers/  9. Program Contact Ms Rachelle Straub rastraub@pa.gov 717-265-8511  10. Name and Title of Approving Official Director, Office of Financial Management and 12. Signature of Approving Official Electronically Signed: 02/05/2024 09:54AM  11. Name and' Title of Authorized Recipient Butler County Commissioners  13. Signature of Authorized Recipient  P.O. Box 1167 Harrisburg ,PA1 17108-1167 11-800-692-7292/F71/785-773/mtp.mwww.peed.pagov    CONSULTING AGREEMENT  This Consulting Agreement (the "Agreement"): is entered into this day ofJ January, 2024 by and between Community Development Corporation of Butler County, ("Consultant") and County of  Butler (the "County").  RECITALS  WHEREAS, the County is ini need of assistance in the planning for growth, infrastructure WHEREAS, Consultant has agreed toj perform consulting work: for the County inj providing planning support and consulting services and other related activities as directed by the County. NOW, THEREFORE, in consideration oft the mutual covenants and promises and intending to be 1. Consultant's Services. Consultant shall provide to the County, and if directed by the County, to Townships, Borough, Municipal Authorities, and Private Investors professional services which include: Planning for growth, Infrastructure Development, Site Selection: for] Development, Project Planning and Expansion ("Consulting Services"). The Consulting Services provided will be used toj promote Economic Development in Butler County. Consultant may be retained by the County to perform work on a specific project such as construction management or construction administration which work shall be subject to the negotiation of mutually acceptable fee for such services. The Consultant shall provide its Consulting Services through its employee, Joseph Saeler. If, for any reason, Joseph Saeler is no longer available to provide the consulting services as outlined in this Agreement, the County has the option to terminate this Agreement with thirty days advance written notice to the Consultant. In such event, the Consultant will be entitled to receive pro rata compensation for their services rendered up to and through the date oftermination. 2. Consideration. In consideration for the Consulting Services to be performed by Consultant under this Agreement, the County will pay Consultant at the rate of$75,000 per annum payablein four (4) quarterly installments ini the amount of$18,750 on March 15,J June 15, September 15 and 3.Independent Contractor. Nothing herein shall be construed to create an mployer-employee relationship between the County and Consultant. Consultant is an independent contractor and not an employee of the County or any of its subsidiaries or affiliates. The consideration set forth in Section 2 shall be the sole consideration due Consultant for the services rendered hereunder. Itis understood that the County will not withhold any amounts for payment of taxes from the compensation of Consultant hereunder. Consultant will not represent to be or hold herself out as 4. Confidentiality. In the course of performing Consulting Services, the parties recognize that Consultant may come in contact with or become familiar with information which the County or its subsidiaries or affiliates may consider confidential. This information may include, but is not  development and assistance with local municipalities within Butler County; and  legally bound hereby, the parties agree as follows:  December 15.  an employee of the County.    limited to, information pertaining to the County machinery building systems, which information may be of value to a competitor. Consultant agrees to keep all such information confidential and not to discuss or divulge it to anyone other than appropriate County personnel or their designees. 5.Term. This Agreement shall commence on January 1,2024 and end on December: 31,20241 but 6.Notice. Any notice or communication permitted or required by this Agreement shall be deemed effective when personally delivered or deposited, postage prepaid, in the first class mail of the United States, or international mail properly addressed to the appropriate party at the address set Notices to Consultant: 110 East Diamond Street, Suite 201, Butler, PA 16001. Notices to the County: County Government Center, 124 West Diamond Street, Butler, PA 16001 Attention: Chairman oft thel Board of Commissioners.  may be extended from year to year by mutual agreement oft the parties.  forth below:  7.1 A Miscellaneous.  7.1 Entire Agreement and. Amendments. This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements or understandings, whether written or oral. No amendment or extension ofthe Agreement shall be 7.2 Binding Efect, Assignment. This Agreement shall be binding upon and shall inure to the benefit of Consultant and the County and to the County's successors and assigns. Nothing in this Agreement shall be construed to permit the assignment by Consultant of any of its rights or obligations hereunder, and such assignment is expressly prohibited without the prior written 7.3 Governing Law, Severability. This Agreement shall be governed by the laws of the State of Pennsylvania. Their invalidity or unenforceability ofany provision ofthe Agreement shall: not affect 7.4Authorization Each party to this Agreement verifies by execution oft the. Agreement that they have taken all action necessary to authorize the execution and delivery oft this. Agreement.  binding unless in writing and signed by both parties.  consent oft the County.  the validity or enforceability ofa any other provision.  Signatures appear on the following page.    WHEREFORE, the parties have executed this Agreement as oft the date first written above.  Community Development Corporation of Butler County  By: ChRng  Name: Ea MAMY Title: TYLSWYIY County of] Butler By: By: By:  Leslie A. Osche, Chairman  Kimberly D. Geyer, Vice Chairman Kevin E. Boozel, M.S., Secretary  Attest: By:  Lori Altman, Human Services Director/Chief Clerk    AHCN  REIS ABARRS bcfls.org  1/23/2024  Tol Lori Shah and the Butler County Commissioner's Office, Evans City Public Library's representative, has resigned. Her email address is madomalisermal.con:  This letter is to inform the Butler County Commissioners' that Melissa Bonicky, BCFLS Board member and The Evans City Public Library has a new board member to serve as their representative, Lisa Adomaitis. Additionally, Kristan Allen, BCFLS Board President and South Butler Community Library's board member, isc cycling off in March 2024. We will advise the Commissioner's office when we have a new South Butler  representative.  Let me knowi ify you need anything else!  Thank you,  Kristw Conway Krista Conway BCFLS System Manager  218NorthMcKeanstreet-Butlet.PA16001-724,28-1880-724)285-509O(fax)  bcfls.org    BUTLER COUNTY COMMISSIONERS RATIFICATION OF PERSONNEL TRANSACTIONS  February 14, 2024  Children & Youth Services BOETTNER, Lindsay R. (Rep. B. Rummel)  02/26/2024  Caseworker/F.T.  $23.2810hr. RETIREMENT  NO BENEFITS FOR90DAYS  CROWLEY, Nidal (Rep. J. Conwell)  02/26/2024  CaseworerfempCWEL (J. WAGNER)  $23.2810/hr. RETIREMENT  NO BENEFITS FORS 90[ DAYS  Submitted: 02/09/2024 by KG    BUTLER COUNTY NOTICE OF ACTION TAKEN BY ELECTED OFFICIALS February 14, 2024  Coroner's Office (Pool) (by Coroner Young) KACZMARCZYK, Gerald W. (Vacant Position)  02/12/2024  Special Deputy Coroner  $150 Per Removal NO BENEFITS NO RETIREMENT  Department of Community Corrections/Adult Probation (by President Judge Dr. S. Michael Yeager)  WATSON, Rachel M. (New Position)  02/26/2024  Probation Officer I/F.T.  $24.3514/hr. RETIREMENT  NO BENEFITS FOR90 DAYS  Prothonotary (by Kelly Ferrari) LYLE, Richelle. A. (New Position)  02/12/2024  Accounts Clerk IIF,T.  $18.5698hr. RETIREMENT  NO BENEFITS FOR 90 DAYS  Sheriff's Office (by Sheriff Slupe) NEWMAN, Edward J. (New Position)  01/29/2024  Deputy/F.T.  $24.4311/hr. RETIREMENT  NO BENEFITS FOR9 90 DAYS  *NOTE: 95% oft top rate per CBA - prior experience provision  Submitted: 02/09/2024 by KG