BUTLER COUNTY BOARD OF COMMSSIONERS  Public Meeting Wednesday, March 13, 2024 10:00 AM AGENDA  CALL MEETING TO ORDER  II. MOMENT OF SILENT PRAYER/PLEDGE OF ALLEGIANCE  III. PUBLIC COMMENT ON AGENDAITEMS IV. APPROVAL OF MINUTES  February 28, 2024, Public Meeting  V. PROCLAMATIONS AND PRESENTATIONS A. Pennsylvania 4-H Week, March 17-23, 2024  VI. FINANCE REPORT VII. OLD BUSINESS VIII. BOARD OF ELECTIONS  A. Approval of the following polling location change: 1. MIDDLESEX TOWNSHIP 3  From: Crossway Community Church, 109 Davis Road, Valencia, PA 16059 To: Gospel Fellowship Presbyterian Church, 161 McFann Road, Valencia, PA 16059  IX. NEW BUSINESS  A. Court Administration  1. Approval of an Estimate with Weyman's Landscape for landscaping services for 2024 for the Cranberry Magistrate District Office, with authorization for the Chairman  to sign.  B. Facilities & Operations  1. Approval of a three-year renewal Planned Maintenance Agreement with Cummins Sales and Service for SV 911 Tower generator inspection, in the amount of $559.97/year, for a three-year total of $1,679.91, with authorization for the Chairman  to sign.  C. Human Services - Drug & Alcohol  1. Approval to reappoint Shawn Pugh for a second three-year term to the  D&A Advisory Board for the term 3/1/24- - 2/28/27.  D. Human Services - Children & Youth  1. Approval of the Butler County Children and Youth/Juvenile Probation contract for the period 7/1/23 - 6/30/24 for the CAPS Agreement - AFCARS Upgrade, in the amount  of$2,805.30.    E. Human Services - Area Agency on Aging  1. Approval to enter into a Professional Agreement with Penn Cares for the "Hearing Voices Simulation" Training on 5/30/24; the State Regional ADRC Coordinator has approved this event. There are no County funds involved; payment will be made a. Training Fees: $1,600 (deposit of $300 due at signing of the contract) b. Gas mileage reimbursement for Penn Cares staff @ $0.67/mile  from the Aging TXIX ADRC Funding. Fees are as follows:  C. Tolls reimbursement e. Meals for Penn Cares staff  d. Overnight accommodations for Penn Cares staff  2. Approval to enter into a Rental Agreement with Butler County Community College for the "Hearing Voices Simulation" Training on 5/30/24, at a total cost of $272; the State Regional ADRC Coordinator has approved this event. There are no County funds involved; payment will be made from the Aging TXIX. ADRC Funding. 1. Approval of a Customer Service Order Form through CDW for the yearly Zoom Video Account. CDW offers this service with a discount through a Cooperative Purchasing Agreement. The current Zoom contract expires this month. The cost of this service is $25,320, with authorization for the Chairman to sign.  F. Information Technology  G. Parks and Recreation  1. Approval to enter into an Agreement with Pyrotecnico Fireworks, Inc. for the fireworks display at the Community Day event in the amount of $12,550. 2. Ratification of permission to bid the Replastering of the Main Pool at Alameda  Waterpark.  H. Planning - Bridges  1. Approval of Reimbursement Agreement-1 (Letter of Amendment) with PennDOT for the replacement of County Bridge #70, on Geibel Road in Summit Township. The first Agreement only had funding for Preliminary Engineering. This Agreement added Final Design, Right-of-Way and Construction funding. This bridge is 100% 2. Approval of Resolution No. 2024-3, authorizing Lori Altman, Butler County's Chief Clerk, to electronically sign the above-mentioned Agreement on. behalf of Butler  Federal funded, with authorization for the Chief Clerk to sign.  County. Planning - CDBG  1. Approval of a Proposal between Widmer Engineering, Inc., the County and Summit Township for the esgnboingmspecion services of the Binsey Road 2. Approval to amend the contract (Addendum "C") with Mullin & Lonergan Associates, Inc., the CDBG consultants, for a period of one year. The contract is scheduled to expire on 6/23/24. This will extend the deadline date until 6/23/25.  reconstruction project.  J. Property and Revenue  1. Approval of settlement of 20315 Route 19 Partners LLC assessment appeal; Case  No. 2023-40350.    2. Approval of settlement of Clearview Mall Capital Holding, LLC assessment appeal;  Case No. 2021-40325.  K. Commissioners  1. Report on the Proposal received for Forest Management and action.  2. Approval of Resolution No. 2024-2, establishing the composed second disbursement off funds allocated to the County pursuant to the Commonwealth's Opioid Settlement Agreement and Distribution from the Pennsylvania Opioid Issues and Addiction 3. Approval of a Contract with Specialized Staffing for the Elections Department, with  Abatement Trust.  authorization for the Chairman to sign.  X. APPROVAL OF BUDGETARY TRANSFERS, RATIFICATION OF PERSONNEL TRANSACTIONS, TRAVEL REQUESTS, REQUISITIONS AND CHECK REGISTER  XI. CONFERENCE TIME WITH MEDIA XII. PUBLIC COMMENT ON GENERAL ITEMS  XIII. ADJOURNMENT  BUTLER COUNTY COMMISSIONERS MEETING SCHEDULE  NEXT PUBLIC MEETING:  Wednesday, March 27,2024, at 10:00 a.m. Public Meeting Room, 1st Floor Government Center  Public Meeting Calendar is available online at ittps:/www.buttercountypa.govy NOTE: Agenda is subject to change due to unforeseen circumstances.    BUTLER COUNTY BOARD OF COMMISSIONERS  Public Meeting Wednesday, February 28, 2024 10:00 a.m. MINUTES  PRESENT: Chairman Leslie Osche Commissioner Kimberly Geyer Commissioner Kevin Boozel Lori Altman, Dir. Human Resources/Chief Clerk Ann Brown, Budget & HS Finance Director Julie Graham, Solicitor Maria Malloy, Deputy Clerk Rene Manna, Admin. Assistant Lori Shah, Admin. Assistant Pam Hammonds, Admin. Assistant Matthew Vickless, Commissioner's Office Shawn Pugh, Commissioners Office Laura Ankrom, Controller's Office John Campbell, Commissioners Office Rich Goldinger, District Attorney Mark Gordon, Planning Kevin Gray, Planning - Bridges Beth Herold, AAA Mike Hillwig, F&O Wendy Leslie, Planning CDBG Chantell McCurdy, Elections Janet Mentel, Property & Revenue Jennifer Newton, Planning CDBG Leslie Powers, Controller's Office Lance Welliver, Parks and Recreation CALL MEETING TO ORDER Room, 1st Floor Government Center.  VISITORS:  Karen Barbati, Lancaster Twp. Jessamyn Butler, Slippery Rock Boro Carol Christner, Clinton Twp. Kara Dornish Kim Hall, Forward Twp. Catherine Lalonde, Lancaster Twp. Jessica Lee Jennifer Miller, Adams Twp. Luke Miller, Adams Twp. Edie Rath, Penn Twp.  MEDIA:  Steve Ferris, Butler Eagle Tyler Friel, Butler Radio  The regular public meeting oft the Butler County Board of Commissioners was called to order by Chairman Leslie Osche at 10:00 a.m. on Wednesday, February 28, 2024, in the Public Meeting  MOMENT OF SILENT PRAYER/PLEDGE OF ALLEGIANCE  Amoment of silent prayer was observed, followed by the Pledge of Allegiance.  PUBLIC COMMENT ON AGENDA ITEMS No public comment was made. APPROVAL OF MINUTES  Chairman Osche called for a motion to approve the February 14, 2024 Public Meeting minutes.  1    Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried  unanimously.  PROCLAMATIONS AND PRESENTATION  National Bleeding Disorders Awareness Month (March)  FINANCE REPORT OLD BUSINESS None BOARD OF ELECTIONS  Ann Brown gave a brief financial report through December 31, 2023 (including estimated  projections) with comparison to the December 31, 2022 report.  A. Chantell McCurdy announced the following polling location change:  1. MIDDLESEX TOWNSHIP3  From: Crossway Community Church, 109 Davis Road, Valencia, PA 16059 To: Gospel Fellowship Presbyterian Church, 161 McFann Road, Valencia, PA 16059  NEW BUSINESS A. District Attorney  1. District Attorney Rich Goldinger requested approval to apply for a grant through the Small, Rural and Tribal Body-Worn Camera Program in the amount of $5,084.32. The total cost of the equipment to be purchased with this grant is $10,168.64. The grant requires a 100% match by the County (or an in-kind contribution) to grant funds awarded. If approved, we would match the funds out of the Emergency Services Unit line item from the District Attorney's Office budget or with funds from the Investigative Fund. The deadline to apply for Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried  this grant is 3/4/24. unanimously. B.F Facilities & Operations  1. Mike Hillwig requested approval of a three-year (4/1/24-3 3/31/27) renewal Planned Service Agreement with Johnson Controls for fire alarm testing and inspection plus system labor/panel parts; wet/dry sprinkler inspection; fire pump inspection and hood inspection and cleaning for the prison, in the amount of $20,865/year, with authorization for the Chairman to sign. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 2. Mike Hillwig requested approval of at three-year (4/1/24 - 3/31/27) renewal Planned Service Agreement with Johnson Controls fori fire alarm inspection for the Cranberry Magistrate Office in Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 3. Mike Hillwig requested approval of a Proposal from All Lines Technology for the purchase of two Liebert Units for the Information Technology Room in the amount of $106,000, with authorization  unanimously.  the amount of $395/year, with authorization for the Chairman to sign.  unanimously.  for the Chairman to sign.  2    Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried  unanimously. C. Human Services  1. On behalf of Brandon Savochka, Chief Clerk Lori Altman requested approval to reappoint Shirley Warburton to the MH/EI/ID Advisory Board for the three-year term 4/1/24-3/31/27. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried  unanimously.  D. Human Services - Area Agency on Aging  1. Beth Herold requested approval to appoint three new Advisory Board members for the  three-year term 3/1/24- 6/30/27 as follows:  a. Carol Arthur b. David Pinson . Maggie Souzer unanimously.  Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 2. Beth Herold requested approval of a Contract with DON Services, Inc. for the term 3/1/24-6 6/30/25 for personal care services. There are no County funds involved; payment will be made from the Aging Block Grant. The rate is the same as all Personal Care  Service Providers - $27.60/hour.  Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried  unanimously.  3. Beth Herold requested approval of the 2024-2 2028 Local Area Plan. The Advisory Board approved this plan on 2/20/24; the PAI Department of Aging has also approved. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried  unanimously. E. Parks and Recreation  1. Lance Welliver requested ratification of a Pricing for Payment Services Contract with MSB. The service fee for debit card transactions processed through RecDesk will increase from 1.79% to 2.19%. In addition, all credit card transactions processed through RecDesk will not Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 2. Lance Welliver requested approval to enter into an Administrative Agreement with Connoquenessing Borough for a DCNR grant int the amount of $196,600 total project cost ($98,300 DCNR and $98,300 Borough) for replacement and redevelopment of the Borough Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried  be subject to the $1.00 minimum.  unanimously.  Park playground area that will include a nature-themed playground.  unanimously.  3    3. Lance Welliver requested approval to enter into an Administrative Agreement with Harmony Borough for a DCNR grant ini the amount of $81,200 total project cost ($55,600 DCNR and $25,600 Borough) for replacement and redevelopment of the Harmony Borough Municipal Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 4. Lance Welliver requested to table approval to enter into an Agreement with BlueScope Construction, Inc. through Sourcewell purchasing program ini the amount of $110,491 for excavation work for the restroom project in Alameda Park. This includes excavation work for five restrooms and removal of an existing restroom and site utilities, with authorization for the Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried  Building - Old Schoolhouse playground area.  unanimously.  Chairman to sign, pending Solicitor approval.  unanimously.  Lance briefly announced the following: *3/1- online pavilion reservations begin *3/1- waterpark membership sales resume  *3/2- safe sitter babysitting course starts pre-registration is required) *3/9- low-cost vaccination clinic from 10:00 = 12:00 (no registration required) 3/22-F Flashlight Easter Egg Hunt pre-registration is required)  F.F Planning - Bridges  1. Kevin Gray requested approval of the 2024 HRG Fee Schedule for Engineering Services. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried  unanimously. G. Planning = CDBG  1. Wendy Leslie requested approval to add one additional area to the Marion Township sewer project. This is Oakwood Lane, where 10 homes are located close to the current system just off Boyers Road. The materials are according to the contract line item prices. The additional grinder pumps are included. However, there was a slight increase ini the cost. The total increase was still lower than the cost to put the pumps back out to bid. The total amount of the change order is $155,254.50. This change order includes a time extension until 5/31/24. This will be funded using the 2020 CDBG Competitive Funds; no County dollars are  involved. unanimously.  Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 2. Wendy Leslie requested approval of change orders for time extensions (each is a total extension of 57 days) for the Marion Township Sewer Project as follows:  a. Bison Excavating - sewer plant until 5/31/24. b.R Right Electric - sewer plant electrical until 5/31/24.  Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried  unanimously.  4    3. Wendy Leslie requested approval of an Amendment of a Contract for Engineering Services with EADS Group for the lateral part of the sewer project. This amendment will allow for EADS Group to put together the design/bid specs and oversee a full-time inspection oft the lateral part of the sewer project. The hope is to get this out to bid within the next couple of months and get it underway and finished by the end of 2024. The total increase ini the cost will not exceed $150,000. They estimate a cost of roughly $1,500 per household. This will be funded using the 2020 CDBG Competitive Funds where we have enough to support this amendment. Also, the contract will be extended until 12/31/24; no County dollars are  involved. unanimously. H. Property & Revenue  Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried  1. Janet Mentel requested approval of the following settlements:  a. Home Depot USA; Inc. assessment appeal; Case No. 2021-40319, with al New Fair Market Value of $$8,000,000 for 2022, $8,000,000 for 2023 and $8,000,000 for 2024. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried b. Kevin Reno assessment appeal; Case No. 2023-40352, with a New Fair Market Value of Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried M Kevin Reno assessment appeal; Case No. 2023-40353, with a New Fair Market Value of Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried d. Kevin Reno assessment appeal; Case No. 2023-40354, with a New Fair Market Value of Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried e. Kevin Reno assessment appeal; Case No. 2023-40355, with a New Fair Market Value of Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried f.K Kevin Reno assessment appeal; Case No. 2023-40356, with a New Fair Market Value of Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried  unanimously.  $131,000 for 2024. unanimously.  $127,000 for 2024. unanimously.  $131,000 for 2024. unanimously.  $129,000 for 2024. unanimously.  $60,000 for 2024. unanimously.  5    g. Kevin Reno assessment appeal; Case No. 2023-40357, with al New Fair Market Value of Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried  $128,000 for 2024. unanimously. C Commissioners  1. Chief Clerk Lori Altman requested approval of a Settlement Agreement between the County of Butler and Holly Radwanski in the amount of $12,000. The County Prothonotary's budget Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 2. John Campbell requested approval of a Proposal from Security Systems of America for fire panel programming at 215 N. Duffy Road in the amount of $750, with authorization for Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 3. John Campbell requested approval of a Proposal from Security Systems of America for fire panel programming at 107 Woody Drive in the amount of $750, with authorization for Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried APPROVAL OF BUDGETARY TRANSFERS, RATIFICATION OF PERSONNEL TRANSACTIONS, Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried  will cover $3,500; insurance will cover $8,500.  unanimously.  the Chairman to sign, pending Solicitor review.  unanimously.  the Chairman to sign, pending Solicitor review.  unanimously.  TRAVEL REQUESTS, REQUISITIONS AND CHECK REGISTER  unanimously.  CONFERENCE TIME WITH MEDIA PUBLIC COMMENT ON GENERAL ITEMS No public comment was made. ADJOURNMENT adjourned at 10:48 a.m.  There being no further business, Chairman Osche called for a motion to adjourn. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried unanimously. The meeting  Respectfully submitted, Pam Hammonds Administrative Assistant  Approved:  6    BUTLER COUNTY COMMISSIONERS MEETING SCHEDULE:  NEXT PUBLIC MEETING: LOCATION:  Wednesday, March 13, 2024, at 10:00 a.m. Public Meeting Room, 1st Floor Government Center  Public Meeting Calendar is available online at ttps/www.butlercountypa.gov/ NOTE: Agenda is subject to change due to unforeseen circumstances.  7    Weyman's Landscape 6741 Old Mars Crider road Cranberry Twp, PA 16066US maeAPdymaceN Estimate ADDRESS Cranberry District Court 9028 Marshall Rd Cranberry twp, PA 16066 ACTIVTY 2024 landscape Lawn mowing surfaces labor labor uponr request disposal trimming labort tot trim shrubs ina all beds disposal Mulching dyed! brown mulcht to alla areas. labor uponr request disposal  SHIPTO Cranberry District Court 9028 Marshal Rd Cranberry twp, PA 16066  ESTIMATE 744 DATE  02/01/2024  QTY 0 0 0 0 0 0 0 0 0  RATE 68.00 25.00 275.00 30.00 150.00 35.00 950.00 380.00 40.00  AMOUNT 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00  weekly lawn mowing trim alll beds sidewalk and blow off! hard Biweekly weeding bys spraying pullingy weeds inb beds labori to do as spring cleanup of leaves and debris ont thep property disposal ofk leaves and debris from spring cleanup upon request  dispose of clippings and debris from trimming ofs shrubs Edge all trees and shrubs. Apply 2to3 3inches ofc doubles shredded labor to doa at fall cleanup ifneeded of leaves and debris on property disposal of leaves and debris from fall clean up upon request Please findy your landscape estimatei for 2024 above: At Weymans Landscape we are consistently looking for ways to improve our processes and our cost efficiency, however like most businesses we are impacted by risingi inflation whichi impacts our costs significantly. Over the pastf few years, wel have absorbed these costs however due tot the state oft the economy and increases inc our operating expenses the 2024 estimate does include a modest price increase. Pleaser return) your commitment for our services in: 20241 by March 10, 2024 to ensure you get on our schedule. Wei truly valuey your business and will continue to do al high-quality  professional) job.  Page 1of2    0.00 0.00 0.00 0.00 $0.00  authorization, Authonzation  date_  SUBTOTAL TAX TOTAL  Accepted By Accepted Date  Page2of2    Sales and Service  @  PITTSBURGH, PA BRANCH 3ALPHA! DRIVE PITTSBURGH, PA 15238 Phone: 412-820-8300 Customer. Address COUNTY OF BUTLER COMMISSIONERS PO BOX 1208 Butler, PA 16003 Site Information SUNNYVIEW 911TOWER 91TOWER  PLANNEDMAINTENANCEAGREEMENT  Customer Contact Contact: Mikel Hillwig Phone: 724:284-5440 Fax: Cust Id: 189362 107 SUNNYVIEW CIRCLE  Ouote Information Quote Date: 27-FEB-24 Quote Expires: 31-MAY-24 Quote Num: 218500 Quoted By: Quote Term: 3Yearts) BUTLER  724:284-5400  Darcie' TRoach  PA 16001  Site Unit Number Manufacturer Model  Prod Model  Serial Number Type  ONAN  GENSET  DGHCC-1409021 G140705815  ST  Site Unit Number Service Event ***Gencrator Planned Equipment Maintenance Quote*** Based on previous PM: schedule. services are tentatively scheduled for: Full Service: June: 2024 June 2025 [June 2026  Qty 3  Sell Price 559.97  Extended Price 1,679.91  FULL: SERVICE  For: any questions regarding this proposal and to continuc your services without interruption, plcase sign the agreement and return to:  Darcic Roach Darie-Rach8Cmminson 248-573-1509 ***Payment Info*s*  Customers with al line of credit willl be invoiced after the completion of service event unless requested otherwise. Customers without al line  ofcredit including residential customers willl be invoiced annually prior to services being performed.  PO#  Purchasc order must be madc out lo Cummins Inc. or Cummins Sales and Service  W9a available upon request. Plcase note our payment remit to address is: P.O. Box 772639 Detroit, MI 48277-2639  Page 1 of 2    Sales and Service  PLANNED MAINTENANCE. AGREEMENT  Customer Address COUNTY OF BUTLER COMMISSIONERS POBOXI 1208 Butler, PA 16003  Customer Contact Contact: Mike Hillwig Phone: 724284-5440 Fax: 724 284-5400 Cust Id: 189362  Ouote Information Quotel Date: 27-FEB-24 Quotel Expires: 31-MAY-24 Quote Num: 218500 Quoted! By: Quote Term: 3Year(s)  Darcie' TI Roach  Fora any questions regarding your account or additional sales opportunities:  David Sommer OmasemmereCamminscon customer's authorization.  Unless otherwise noted, quote reflects services completed during regular business hours. Additional repairs will not bej performed without  PM customers receive a discounted labor rate on recommended: repairs fori units on1 this agreement.  Standard Agreement Amount  $1,679.91 $1,679.91  ProposalTotal  THERE ARE ADDITIONAL CONTRACT TERMS AND CONDITIONS ON THE! REVERSE SIDE OF1 THIS DOCUMENT, INCLUDINGI LIMITATIONSOF WARRANTIES ANDI LIABILITY, WHICH. AREI EXPRESSLY INCORPORATED: HEREIN. CUSTOMER. ACKNOWLEDGES THATTHE CONTRACT TERMS. AND CONDITIONS! HAVE BEENI READ, FULLY UNDERSTOOD, AND ACCEPTED.  Customer. Approval Signature: Date:  CUMMINS! INC Signature: Date:  Page 2 of 2    PLANNEDN MAINTENANCE AGREEMENT1 TERMS ANDCONDITIONS  These Planned Maintenance/ Apreementl Terms ando Canditions, logetherv withd the Quotce cot thef fronts sides andthes Scopes ofSavices, are! bercinaflerr refemedioast this' Agreemenf ands shallo conitinute thes entires agreement between the cusiomer identifiedinthe Quote (Cusomer) adCummins! Inc. (Cummins). andsupersede any previous agroement ort undentanding (onlorw writen)t betweend thep partiest withr repocttot thes subjectn matier ofthis Agreement. Customers sbellbed deemod tok have mades ant unqualified acceptanceo oft tbesel Temas ando Conditions andishall becomea bindinga agreementb between thep paries ont thec earliesto ofthe following looccur (Cummins' roceiptof Customa's hase order orp purchasee orders mumber, (H)Cusomer'ss signingo ora scknowledgmente ofthis Agreement: (in)Cummins' releaseo ofProducts toproductiong purpnte oCustomefs oralory wrinent instructiono or 1.SCOPEC OFS SERVICES; PERFORMANCE OF SERVICES. Cumminss shallp perform thes mainienance (Servicef)eathes equipmenti identifiedi inthe Quote (Equipment)l ins accordance witht thes scbedule specifiedint the Quole. Thes Servicesh inchudeu thoses servicesd definedi inthe Service Event' sectiona ofthe Quole. Noa additional serviceso or materials arei includedi inthisA Agreementu unless agreedu uponb by thep parties a wriling. Uakewo otherwisei indicaedin the Quole, Cumminsy wil provided thel labors endtoolsn necessary lop perform thes Services ands shallk keep Custome's property! frvef frome eccumulationo of waslen materials causedb by Cummins' operations. Eiber pany mayw terminate 2.CUSTOMER OBLI JGATIONS. Customer shallp provide Cumminss safe Bccesst to Custome'ss sites andarmngef fora allrelateds services andutilitiesn necessary! for Cummins 1o performd thes Services. During cheperformances ofthe Services, Cusiomer shall Allys ande completely secure eors any part ofany facilliy" where theE Equipmenti isk locatedton remove andr mitigate anys anda allsafctyi issues andr risks, includingb bulnorli limitedtoh acilitys occupants, somen, invitors, ermny thirdp partya andorp propenyd damageor worki interuptions arising ouo ofches Services. Customers shallmakea alineoessarya aangement Bo address andn mitigatet thes comsequencsefiy: clectricals service nteruption which mighc occurd during thes Services. CUSTOMERI ISR RESPONSIBLEFOR OPERATING AND) MAINTAINING THE EQUIPMENTI INA ACCORDANCE WmTH1 THE OWNER'S) MANUAL FOR THE 3.PAYMENT1 TERMS. Unless atherwise agreedtob byt thep parties inv writing ands subjectu to credita approval by Cummins. payments are dued thiny (30)d daysf fromt thed dateo ofthei invoice. IfCusomerd docsnot haves approvede eredit witho Cummins, assolely determinedl by Cummins, payments sred dueit inadvances ora aithet time ofs supply ofthes Services. Ifpaymenti isa notre receivedy wbend dur,i inaddition voanyr righus Cumminst mayb haveat law, Cumminst my cherge Customere eightrenp percent (18%) interesi snually onl late payments, ort thes maximuma amounta allowodby! law. Customer agrves top paya allCummins'c costs ande expenses (includinga alln reasonablea allomeys" feca)reistedto Cummins'e enforcement and collection oft unpaidi invoices, or anys othere enforcemento ofthis Agreement by Cummins. Unless sated, theQ Quotee excludes allapplicablek local, state, ork federals salcs andoruse or simila taxes 4.DELAYS. Anyp performance dates indicatedi int his Agreement are estimateda andn nolg guranteed. Cumminss sbalinotb be! liablef for anyd delays inperformance! bowevero occasioned, including snyt thatresl directtyerindiresty froma acts tomer or causes beyondo Cumming coetrol, lncluding! but nol limitedton ofGod, socidents. fire. explosions, food, eusaly weathers coaditions, sciso of govemmen! authority, erlabord diputes ASARESULT OFT THEOUTBREAK OF1 THED DISEASE COVID-19/ ARISINGE FROM THEN NOVEL CORONAVIRUS, TEMPORARYI DELAYS INI DELIVERY, LABOUR ORS SERVICES FROMCUMMINS ANDI mss SUB-SUPPLIERS ORS SUBCONTRACTORSI MAY OCCUR. AMONG OTHERI FACTORS, CUMMINS' DELIVERY OBLIGATIONS ARES SUBJECT1 TOCORRECT ANDP PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERSOR. SUBCONTRACTORS, ANDCUMMINS RESERVES1 THER RIGIT TO) MAKE PARTIALI DELIVERIES ORN MODIFYI ISLABOUR ORS SERVICE. WHILECUMMINS: SHALLI MAKEE EVERYO COMMERÇIALLY WARRANTY. Cumminss shally perform thes Servicesi inaressogabler idw workmanliker manner. Parts ande compooenss spplied under thisA Agreement ae govemedbyd thee exprs writens mamfachurefs! limited wamnty. No other fors patsore compo si isprovidedu under thisA Agreement. AlServicess shallb bef heef fromd defectsi inv workmnship! fora periode efnincty (90)d daysa after completiono ofServices. Inthee eventofawmamtabiet defectin Servicess sppli tiede undor thisA Agroemen (Wammable Defoer), Cummino obligation shall! be solely! limitods 1o comeeting dhev Warantable Defect Curmins shalle correct thev Wamntablel Defocty where( ()such Werantable Defoct becomes apparent! to Customerd during tbes waranty! period: (H)Cummins receives writtenn notice ofeny Werantable Defecty within thirty (30)d daysh following discoveryby Cusiomer, md(H) Cumminst has determined thatd therei iav Wemantablel Defect Warantablel Defoctsn remediedu uader thisp provisions shallbes subjectk then remaining wantys periodofthee original wamnye ofthes Services. Newp pertss suppliedd dwingther remedyof Weraotable Defoctss aew wammed fort theb belance oftbes wamnty periods sill. svailable from thec original waranty ofsuchp parta. Then remedicss seforhi iat thiss Sections shallnotbed deemedi lohavef failedoftheire esential purpose 6.LIMITATIONS OF WARRANTIES ANDLIABILITY. THER REMEDIES PROVIDEDI INT THEI LIMITED WARRANTY AND1 THISA AGREEMENTI ARETHES SOLE ANDE EXCLUSIVE WARRANTIBS ANDREMEDIES PROVIDED! BY CUMMINS1 TOT THE CUSTOMERI UNDER THISA AGREEMENT. EXCEPT ASS SET our IN1 THE WARRANTY AND1 THIS AGREEMENT, ANDT TOTHEE EXTENT VERMITTEDBYIAW,: CUMMINS EXPRESSLY DISCLAIMS ALLO OTHERI REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONSC OF ANYI KIND, EXPRESS ORD IMPLIED, INCLUDING, WITHOUT! LIMITATION,ANY NOTWTTHSTANDINO ANY OTHER1 TERM OF1 THISA AGREEMENT, INI NOE EVENTS SHALL CUMMINS, ms OFFICERS, DIRECTORS. EMPLOYEES, OR/ AGENTS BEI LIABLETDCUSTOMER ORA ANY THIRD PARTY PORI ANY1 INDIRECT, INCDENTAL, SPECIAL, PUNITIVE, ORG CONSEQUENTIAL DAMAGES OF ANY KIND (INCL LUDING! WmIOUTI LIMITATIONI DOWNTIME, LOSS OF PROFIT ORF REVENUE, LOSSOF DATA,LOSS OF OPPORTUNITY, DAMAGET TO GOODWILL, AND DAMAGES CAUSEDE BY DELA ANY WAYI RELATEDT TOORA ARISING FROMO CUMMINS SUPPLY OFPARTSOR SERVICES TIUSA AGREEMENT EXCEEDI THE1 TOTAL COSTO OF PARTSA AND SERVICESS SUPPLI EDI BY CUMMINS UNDER1 THIS AGREEMENT. BYA ACCEPTANCE OF1 THISA AGREEMETI.CUSTONER. ACKNOWLEDGES 7.INDEMNITY. Cusiomers shelli indemnify, defendandh holdharmlesr Cummins froma anda against anys andalle claims, actions, costs, expensss, damages andl liabillties, including reasonable stomeyf fees, brough ginsto ori incuredby Cumminsn relaledt toora arisingoutofhis Agroement ord he Servicess smpplieds under this Agreemem (collectively. che (Climd), wheres such Claimsy werec coatributed toby, whole orin thes omissions, fuliora aegligencea oftheC Castomer. Cusomers shall prescota anyC Clains coveredby hisi indemairyoini insunacee cariers unkes Comminsd directs thaiched delense wilbeb handledby Cummins kgal CONFDENTIALITY. p Eachp partys shalkeepe coafidential anyt informationt received from thec otherd tharisnor penenily) known lothepublica andad thet timee ofdisclosure, wouldi ressenmbly bes undenstoodbyt then roceiving partyto rietary coafidentisl, whetherd disclosedi ine ont writen, virual,e clectronic or ober form, andy whichd ther receiving party! (ora agents)k leams ine coanectionw witht thisA Agrementi including. but notl limiedto: (a)busine trategies, sales, projoctss andmnelyses; () Anencial Information, pricing and fees structures: (c)businessp processes, methodsa andn model: (d)employce ands suppliert information; (e)specifications; and(Ote terms ande 9.0 GOVERNINGLAW. This/ Agroement and al matten arisingi hcreunders shalibe gpvemedty: ande canstruodi insccordance withd thel lwsofthe Staleo oflodima withour giving eflectso anye cboice OF coeflicto oflawy pruvision.  direction, otheri nteme il thereso: halll mull  peyment ofany amounts dues Cummins:c or(v)anye ethere event constinating acceptanceu unders spplicable! law. Nopriori inconsistent course ofdealing coursee of perfomance, or usagec ofuade, ifsny, ofor erves explainer interprerd chisA Agreement. Electronict transactionsb between Customera ando Cummins willbes solely govrmedbyd thisA Agreement, ends anyterms andconditionso on Customes websitear ofpolegale effecto on Cummins. lothee event Customerd delivers, references, incorporatest byreference, orp produces anyp purchased orderc or document, ay ters ado conditionsr related  ofnol legale ffect onCummins, and (i)this Agreements shallr remaind thes goveming termso oftheu transaction.  this Agreement withors withouie causel byp providing thiny (30) days writen notice tot the etber.  EQUIPMENT.  which Cumminsi isrequiredb by applicable lawst toc collect fom Customer ands shallbes suatedo ont theit invoice.  REASONABLEI EFFORTTOMEET THEI  SERVICE ORC COMPLETION OBLIGATIONS: SETI FORTH! HEREIN, SUCHDATES ARES SUBJECT1 TOCHANGE.  solongOummin 1 willingk 1o comect delectives Servicese relund dep purchase priced thercfor.  STATUTORY OR COMMONLAWI IMPLIEDR REPRESENTATIONS WARRANTIES AND CONDITIONS OFF FITNESS FOR AP PURPOSE OR MERCHANTABILITY.,  UNDER1 THIS AGREEMENT. INNOEVENTS SHALLO CUMMINS LIABILITYT  ORA ANY TIRDF PARTY CLAIMINGI DIRECTLYT THROUGHI CUSTOMER ORC ONCUSTOMERSI BEHALFU UNDER  CUSTOMER7S! SOLER REMEDY AGAINSTO CUMMINSE FOR ANY LOSSS SHALLE BE1 HEI REMEDY PROVIDEDI HEREIN.    ofihis Ageemp. Bachp party shall uaker necessarys steps to ensure compliance withd chisp provision! byi itse employeesa andagents.  Thepartics et thatdee cours ofdbe! Stateo ndianas shallh bavee exchivej juriadiction los y disputeo or claima risingt tncoonectionw withthisA Agroemenl.  10. Upon Cartomers request, 11. ASSIGNMENT. This Agreement 2. NET ECTUALI PROPERTY. bercto. Failure party losequires benvof ivere ofmnys SERVICES. Upon Customa's request, the  willp provides Cestomera Certificalo   evidencing Cummins' relevami innurneed covenge.  ontbes partiess ndt theirs successon and assigns Customer hall: not ignt thisA Agreement without thepriory written eonsemt ofCummins. aty iahts cresiedbye cithery pay, cther independe jointy, intbee coureo ofthep perfurmanceo ofthis Agreement ore otberwiser related loCummins pro-existing  mauer hereto, shallbec Cummins property. Cusomer apees msign. andd docs! bereby assign, allr right, dide, andi insereso toschi inteilectual property Cummins. Any  property thau Cumming propery. Notingint thisA Agreement shalibed deemedt tobaves given Customera alicenced or ayo otherr righos souse anyo ofd thei 13.1 MISCELLANEOUS. Cumminas shallbes aai independente contractor withn respectte tod the Servicesp performed umdert hisA Agreement. Allnoticesu under this Agreement shallbei in andbed delivered chssc certifiede regislered miil, orscni bye nationally mcogniaede expresse courier services so thes addressess sel forthi inthe Quote. No amendment ofthis Agreement shalbe boern ne( (inchdingt beveling) anda hall be gevemedt by the erms ande condi ofdisA Agrocment. adjug pricingons goodss andsaviced dactoi inputs and laboro cost changes ndother uforeseene cireumstances! beyund Cummins' comtrol.  property rights  finst ofany the Custoner  byted other party ofanys provisionh hevofs shall iano waya affecicher htor require suchp performa asnyt time nach. Any provisiono ofthis Apreementt thatisinvalidoru voent bles shall nota aflect thes or hall provided oo-cal services (repair. emerpency worko or odher)ont the Equipment (On-calls Servicet). Any Do-call shell bei  15.1 PRICING. Tothee extent allowed by hw, actual pcicen may vary from thes prioes athet time oforderp placement, asthes samey willbeb besedonp pricesp prevailing onthed daleo ofshipment. Subjeriiolocl! laws, Cummins reserves 16.1 Tothee extent applicable, thiso contractor ands sebcontrciors challa abidebythen requirements of410 CFRI60-1AA. GA30ASA1-4EAHISANT Theser regulations prohibitd discrimination againstg qualified individuais basod theirs  protoctodv veternso ori individuais withd dimbilities andprohibad dcriminations againstalli individuals! basedoa theirn race, color, religion, sex, sexuale orientation, genderi identiy orp nationalo origin. Morcover, these thate coverdy primee contracien emdsbcortrarionst take affirmatives actionsoe employ anda advancei inemployment individualsv without regardion mer, color, religion, Bex, sezual orientrtion, gender identity, aigin, prolected veterans statse ord dissbillty.1 Thee empleyeer poticer requirementss SCtR ferthh n29CHRI Part4 471,Appendix Als SobpenA. areb bercbyi incorpored! byn referencei insot thise coetrct.  07.25.2022    BOARD OF COUNTY COMMISSIONERS Leslie A. Osche, Chairman Kimberly D. Geyer, Vice-Chairman Kevin E. Boozel, M.S. Secretary  Brandon Human Services Savochka Director William Kepple Human Services Fiscal Officer Amanda Feltenberger Director of Integrated Services  HUMAN SERVICES DEPARTMENT COUNTY GOVERNMENT CENTER ANNEX-1 15'FLOOR 124) WEST DIAMOND STREET, P.O. BOX 1208 BUTLER, PA 16003-1208 Butler Countp TELEPHONE: (29184S1A-TTDUSERS (724)284-5473 AEV22818-BHALEALbemm@han  DATE: TO: FROM: RE:  March 7, 2024 Lori Altman  Human Resources Director/Chief Clerk  Brandon Savochka Human Services Director Human Services Agreements  Commissioners Public Meeting- - March 13, 2024  lam requesting Commissioners approval oft the following Human Services items:  Drug & Alcohol  1. The Butler County Commissioners' Council on Drugs and Alcohol has voted to recommend for Commissioners approval the re-appointment of Shawn Pugh for a second three-year term on  the Board from March 1, 20241 to February 28, 2027.  Children & Youth  1. Approval of the following Butler County Children and' Youth/Juvenile Probation contract for  July 1, 2023 - June 30, 2024:  CAPS Agreement - AFCARS Upgrade $2,805.30Total  If you have any questions or require further information, please give my office a call. Thank you.    BOARD OF COUNTY COMMISSIONERS Leslie A. Osche, Chairman Kimberly D, Geyer, Vice Chairman Kevin E. Boozel, Secretary  Beth A. Herold, RN, BSN,MBA Administrator  Building 3, Sunnyview Home Complex 111 Sunnyview Circle  2 40 0 Years 2 of 4 Service  Suite 101 - Butler, PA 16001-3547 Butler County  Area Agency on Aging Phone (724)282-3008 Fax (724)282-1466 Toll Free 1-888-367-2434  Fax (724)283-6844 Leslie A. Osche Kimberly D. Geyer Kevin E. Boozel Beth. A. Herold March 6, 2024  Protective Service (724)283-6955  ainorco.buter.paus  TO:  FROM: DATE: RE:  Beth A. Herold, RN, BSN, MBA, Administrator  COMMISSIONERS MEETING - March 13, 2024  lam submittingi the following items for your consideration at the Commissioners Public Meeting  on March 13, 2024.  Professional Agreement - PennCares  l'am requesting the Board's approval to enter into a Professional Agreement with Penn Cares for the "Hearing Voices Simulation" Training on May 30, 2024. The State Regional ADRC Coordinator approved this event. There are no county funds involved; payment  will be made from Aging TXIX. ADRC Funding.  Fees are As Follows:  Training Fees: $1,600 (Deposit of $300 due at signing of contract) Gas Mileage Reimbursement for Penn Cares Staff @ $0.67 per mile  Tolls Reimbursement Meals for Penn Cares Staff  Overnight Accommodations for Penn Cares Staff  Facility Rental Agreement - Butler County Community College  lam requesting the Board's approval to enteri into a rental agreement with Butler County Community College for the "Hearing' Voices Simulation" Training on May 30, 2024. Total Cost of Rental is $272.00. The State Regional ADRC Coordinator approved this event. There are no county funds involved; payment will be made from Aging TXIX ADRC  Funding.  If you have any questions or need additional information regarding these agenda items, please  contact me.  BUTLER COUNTY HUMAN SERVICES  Area Agency on Aging* Children & Youth! Samca-DngiAbohai-tai Intervention &1 Intellectual Disabilities  Mental Health    GDW PEOPLE  WHO GETIT  CDW Customer Service Order Form  Zoom Video  Seller: CDW Government LLC Customer: County of Butler Initial Paid Subscription Term (in months): 12 Renewal Paid Subscription' Term (in months):0 Free Services Start Date: N/A Paid Services Start Date: Billing will start upon provisioning  Seller Address: 200 N. Milwaukee. Avenue, Vernon Hills, IL 60061  Zoom Cloud Services ZI-ENTP-50-IYP Zoom One Enterprise Plus Annual Tier2 (50-2491 Users) PARI-AUD-UNIT- NHIY Zoom Audio- Domestic NHI 1 Year Prepay PARI-AUD-DDI- CSIY Dedicated Dial-In Number-1 Ycar Prepay ZP-PAYG-RCR Zoom Phone Pay As You Go ZP-PAYG-USG- OVGZoom Phone Pay As You Go Usage- - Overage Fee  Quantity Column 70 70  Licensed Per Host Per Host Per Host N/A N/A  Fee $300.00 Per Host $60.00 Perl Host $120.00 Per Host SPay As You Go $1.00  Initial Subscription Term 1Ycar* Ycar* Year* Year* Ycar*  Total Service Fee $21,000.00 $4,200.00 $120.00 $Pay As You Go $Pay As You Go Usage Overage Fee  1  *Thes subscription term for the Cloud! Services will automatically: rencw for additional terms cqual to the Initial Subscription  Term (each a' "Renewal' Term")unless Customer cancels the Cloud Services as set forth below,  Initial Subscription Term! Service Fee: $25,320.00  Terms:  I. TERMS AND CONDITIONS Customer's obligations under this Customer Service Order Form, including its payment obligations arc subject to the current Third Party Cloud Scrvices Terms and Conditions on Scller's website at Third Party Cloud Services Terms and Conditions, unless Customer has entered into a written  Page! of? Version 2020-08-27    GDW, PEOPLE  WHO GETIT  agrecment with Seller covering Customer's purchasc of products and services from Seller ("Existing Customer Agreement"), in which case Customer's obligations shall be subject to the terms of such Existing Customer 2. PAYMENT Customer will pay all Fees (as defined herein) for the use of the Cloud Services as set forth in Seller'si invoice, within 30 days after the date of the invoice, or in accordance with such other payment terms that may have been negotiated between Customer and Seller. In addition to the Service Fee for the Cloud Services, Customer will also be responsible for all additional fccs for any subscription rencwals and extensions, mctered usage components consumed by Customer, and other subscriptions, features, products, services, or add-ons that Customer uses within the Cloud Serviccs. Seller will invoice Customer in advance for the monthly or prepaid charges duc for the Cloud Scrvices purchased. Seller will invoice Customer in arrears for any metered usage or overagc componcnts (c.g., capacity overages, third party content, etc.). The Service Fee for the Cloud Services 3. ADD-ON ORDERS Any orders submitted by Customer to Seller for Zoom Cloud Services over thc next twelve (12)months (the "Add-On Order(s)") will be governed by the terms and conditions oft this Customer Service Order Form. All Add-On Order(s) must include the namc of the applicable Zoom Cloud Service, the Licensed User Quantity and the length of thei initial term (e.g., 1,2, or 3 years). The Initial Subscription Term for any Add-On Order(s) will commence on thc date Seller provisions the new Zoom Cloud Services on! behalfof Customer. 4. CANCELLATION If Customer wants to cancel the Cloud Services at the end oft the Initial Subscription Term or any Renewal Term, Customer must provide notice of cancellation at least thirty (30) days prior to the expiration oft thel Initial Subscription Term or Renewal Term. IfCustomer's notiçe ofo cancellation is not reçeived in a timely manner, the Cloud Services will automatically be extended for additional Renewal Terms. Customer will remain financially responsible for the Service Fee for the Cloud Services and all additional fees for any metered usage or overage based fces (e.g., capacity overages, third party content, etc.), and other subscriptions, features, products, 5. SERVICE SUSPENSION In addition to any other rights Sclier may have, Scller may suspend or terminatc the Cloud Services ifc Customer fails to pay any Fecs within ten (10)! business days after the applicable due date. NON-CANCFLLABLENON-REFUNDABLE: Except as set forth above, the Cloud Services purchased under this Customer Service Order Form arc non-cancellable anda alll Fees paid to Seller arer non-refundable. BY SIGNING BELOW, Customer acknowledges and agrecs that it is recciving the Cloud Services dircctly from Zooni Vidco Communications, Inc. ("Zoom") pursuant to Zoom's standard terms and conditions ors such other terms as agreed upon by Customer and Zoom. Customer further acknowledges  Agreement.  anda alla additional fees duel hereunder are collectively referred to as" "Fecs".  services or add-ons, incurred for the Cloud Services prior l0 cancellation.  that Zooma andr nots Seller will ber responsible forp performance oft the Cloud Services. CUSTOMER AUTHORIZED REPRESENTATIVE  Signature: Name: Title: Date:  Page2 of2 Version 2020-08-27    ZOOM TERMS OF SERVICE  IMPORTANT, READ CAREFULLY:YOUR USE OF AND ACCESS TOTHE WEBSITE AND! PRODUCTS AND: SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE "SERVICES") OF ZOOM VIDEO COMMUNICATIONS, INC. ("ZOOM")IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS. BY PURCHASING OR UTILIZING THE ZOOM SERVICES YOU AGREE TO BE BOUND BYTHESE TERMS AND CONDITIONS. THE. ZOOM SERVICES ARE NOT AVAILABLE TOI PERSONS WHO. ARE: NOT LEGALLY ELIGIBLE TOI BE BOUND BY THESETERMS This is al legal agreement ("Agreement") between You and Zoom for use oft the Services which You selected or initiated. "You" refers to the individual who is using or accessing the Services or isr registered for the Services either directly with Zoom or through at third party or, ifan individual is purchasing the Services on behalfofan entity and is authorized toj purchase the Services on behalf ofsuch entity, then "You" refers to such entity. IfYou do not agree with the terms ofthis Agreement, do not use or access the Services or, when applicable, click the Anysoftware associated with the Services and website is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. 1.SERVICES. Zoom will provide the Services in accordance with this Agreement. The Zoom reseller ("Reseller") through which you are purchasing the Services may use an order form or other ordering mechanism (an "Order Form"), which may contain additional terms and conditions and information regarding the Services you are ordering. The Order Form terms constitute a separate legal agreement between you and the Reseller. Zoom may at its sole discretion, discontinue the Services or modify the features ofthe Services from time to time without prior notice. Use oft the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use ofthe Services involves hardware, software, and Internet access, Your ability to use such Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility. 2. RESPONSIBILITY FOR REGISTRATION: INFORMATION AND CONTENT OF YOUR COMMUNICATIONS. You may be required toj provide information about Yourselfi in order to register for and/or use certain Services. You agree that any such information shall be accurate. You: may also be asked to choose a user name and password. You are entirely responsible for maintaining the security ofYour user name and password and agree not to disclose such to any third party. You agree that You are solely responsible for the content ("Content"): sent by Youor displayed or uploaded by You in using the Services. You agree that You will not use the Services in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent ofs subjects of  OF SERVICE.  "Cancel" button and do not purchase the Services.    audio and video recordings. You further agree not to use the Services to communicate any mcssage or material that is harassing, libelous, threatening, obscene, indecent, would violate thc intellectual property rights ofany party or is otherwise unlawful, that would give riset to civil liability, or that constitutes or cncouragcs conduct that could constitutc a criminal offense, under any applicable law or regulation. You further agree not to provide material support or resources (ort to conceal or disguisc the nature, location, sourcc, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 ofthe Immigration and Nationality Act. You further agree not to upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance oft the Services in any way or which does ori is intended to harm or extract information or data from other hardware, software or networks ofZoom or other users of Services. Recognizing the global nature ofthe Internet, You also agree to comply with applicable local rules or codes ofconduct (including codes imposed by Your employer) regarding online behavior and acceptable content and the transmission oft technical data exported from the United States or thc country in which You reside. Zoom reserves thc right toi investigate and take appropriate action against anyone who, in Zoom's sole discretion, is suspected ofviolating this provision, including without limitation, reporting You to law enforcement authorities. Use ofthe Services is void where prohibited. Although Zoom is not responsible for any Content in violation ofthis provision, Zoom may delete any such Content of which Zoom becomes aware, at any time without notice to You. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services. You understand and agree that by displaying, exchanging or uploading Content to a Zoom website, transmitting Content using the Services, or otherwisc providing Content to Zoom, You automatically grant (and warrant and represent You have a right to grant) to Zoom a world- wide, royalty-free, sublicensable (so Zoom affiliates, contractors, rescllers and pariners can deliver the Services) perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content int the course ofoffering the Scrvices to Youa and 3.F RESPONSIBILITY FOR CONTENT OF OTHERS. It is possible that other users ofthe Services ("Users") may violate one or more ofthe above prohibitions. Zoom assumes no responsibility or liability for such violation. IfYou become aware ofany violation ofthis Agreement in connection with use ofthe Serviçes by any person, please contact Zoom at violationQzoomus. Zoom may investigate any complaints and violations that come to it's attention and may take any action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. However, because situations and interpretations vary, Zoom also reserves the right not to take any action. Under no circumstances will Zoom be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage ofany kind incurred as a result oft the use of, access to, or denial ofaccess to any data or content. Ifat any time You are not happy with the Services, Your 4. ELIGIBILITY. You affirm that You are of legal agc and are otherwise fully ablc and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agrecment.  others with whom you are sharing Content using the Services.  sole remedy ist to cease using the Services.    Although we cannot absolutely control whether minors gain unauthorized access to the Services, access may be terminated without warning if we bclieve that You arc underage or otherwise 5. LIMITATIONS ONUSE. The Services may be used fori internal business or consumer purposes only. You will not reproduce, rescl!, or distributc the Serviccs or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do sO under a separate agreement with Zoom. You will not offer or enable anyt third parties to use the Services purchased by You, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by You) or otherwise generatc income from the Services or use the Services for the development, production or marketing ofa service or product substantially similar to the Services. You: shall not engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or 6. PROPRIETARY RIGHTS. Zoom and/or its suppliers, as applicable, retain ownership ofa all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names ("Zoom Marks") associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Zoom Marks, or other proprietary information (including images, text, page layout, or form) ofZoom without express written consent. You may not use any meta tags or any other "hidden text" utilizing Zoom Marks without Zoom's 7.COPYRIGHT. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights ofp publicity or other proprietary rights without obtaining the prior written consent ofthe owner ofsuch proprietary rights. Zoom may deny access to the Services to any User who is alleged to infringe another party's copyright. Without limiting the foregoing, if You believe that Your copyright has bcen infringed, please provide Zoom's Copyright Agent with the following information: (i) an electronic or physical signature ofthe person authorized to act on bchalf ofthe owner oft the copyright intercst; (ii) a description ofthe copyrighted work that You claim has been infringed; (iii) a description ofwhere the material that You claim is infringing is located on the Services; (iv) Your address, telephone number, and email address; (v) awritten statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by You, made under penalty ofperjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. Zoom's Copyright Agent for notice of claims ofcopyright infringement can be reached as follows: email: copvright@zpom.us regular mail: Zoom, 55 Almaden Blvd, Suite 600, San Jose CA 95113. In the event Your content is removed pursuant to this process, You will receive information on how to file a counter-notice. Notices and counter-notices are legal notices distinct from regular Service activities or communications. As such, they are: not subject to Zoom's Privacy Policy. This means Zoom may publish or share them with third parties at our discretion, and Zoom may  ineligible.  Zoom's security systems.  express written consent.  produce them pursuant to a legal discovery request.    8. TERMINATION. The provisions ofthis Agreement will continue ine effect following 9. EXPORT RESTRICTIONS. You acknowledge that the Services, or portion thereofmay be subject to the export control laws ofthe United States. You will not export, re-export, divert, transfer or disclose any portion oft the Services or any related technical information or materials, directly or indirectly, in violation ofany applicable export law or regulation. 10. INJUNCTIVE RELIEF. You acknowledge that any use ofthe Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure oftechnical information or materials related to the Services, may cause irreparable injury to Zoom, its affiliates, suppliers and any other party authorized by Zoom to resell, distribute, or promote the Services ("Resellers"), and under such circumstances Zoom, its affiliates, suppliers and Resellers willl be entitled to equitable relief, without posting bond or other security, including, but not limited to, 11.NO WARRANTIES. YOUUNDERSTAND AND. AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND! ZOOM, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM. ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR. A PARTICULAR, PURPOSE OR1 NON-INFRINGEMENT: ZOOM, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE: NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE. ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR' THAT THE SERVICES WILLI MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERRORI FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATAI DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWNI DISCRETION: AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE! RISK ARISING OUT OF USE ORI PERFORMANCE OF THE SERVICES REMAINS WITH YOU. ZOOM: DOES NOT ASSUME ANY RESPONSIBILITY FORI RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. ZOOM CANNOT GUARANTEE ANDI DOES NOT PROMISE ANY SPECIFIC: RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK. You agree to indemnify, defend and hold harmless Zoom, its affiliates, offiçers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from Your use ofthe Services, Your violation ofthis Agreement or thei infringement or violation by You or any other user ofYour account, ofany intellectual property or other right ofa any person or entity. Without limiting the foregoing, the Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft avgatig.communcation systems, air traffic control, and life support or weapons systems. Without limiting the generality ofthe foregoing, Zoom, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty ofi fitness for such  termination ofyour subscription for the Services.  preliminary and permanent injunctive relief.  purposes.    12. PRIVACY. Use the Services is also subject to Zoom's Privacy Policy, al link to which is located at the footer on Zoom's website, and which is incorporated into this Agreement by this reference. Additionally, You understand and agree that Zoom may contact You via e-mail or otherwise with information relevant to Your use ofthe Services, regardless ofwhether You have opted out ofreceiving such notices. You also agree to have Your name and/or email address listed in the header ofcertain communications You initiate through the Services. 13. LIMITATION OF LIABILITY. TOTHEI MAXIMUM EXTENT PERMITTED BY APPLICABLELAW, INI NO EVENT WILL ZOOM OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BEI LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TOUSE' THE SERVICES OR THE1 PROVISION OF OR FAILURE TOI PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING INTORT (INCLUDING NEGLIGENCE) CONTRACT OR. ANY OTHER LEGAL THEORY, EVENIF: ZOOM, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN. ADVISED OF1 THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ZOOM'S, ITS AFFILIATES, SUPPLIERS' AND! RESELLERS' MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR. ANY CLAIMS ARISING OUT OF ORI RELATED TOTHIS AGREEMENT WILL BE LIMITED TO' THE AMOUNT ACTUALLY PAID BY YOUFOR THE SERVICES (IF. ANY) IN THE TWELVE (12) MONTHS PRECEDINGTHE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.  14. MSCELLANEOUS  14.1 Choice ofLaw andl Forum. This Agreement shall be governed by and construed under the laws ofthe State of California, U.S.A., as applied to agreements entered into and to be performed in California by California residents. Thej parties consent to the exclusive jurisdiction and venue ofthe state courts located in and serving Santa Clara County, California and the federal courts in 14.2 Waiver and Severability. Failure by either party to exercise any ofi its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. Ifany provision ofthis Agreement is held by a court of competent jurisdiction to bei illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect oft the original provision and the 14.3 General Provisions. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter ofthis Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter, except that ifYouc or Your company have executed a separate written agreement or youl have signed an order formi referencing a separate agreement governing your use ofthe Services, then such  thel Northern District ofCalifornia.  remainder ofthis Agreement will remain in full force and effect.    agreement shall control to the extent that any provision ofthis Agreement conflicts with the terms ofsuch agreement. Zoom may elect to change or supplement the terms ofthis Agreement from time to time ati its sole discretion. Zoom will exercise commercially reasonable business efforts to provide notice to Youofany material changes to this Agreement. Within five (5) business days ofposting changes to this Agreement, they will be binding on You. IfYou do not agree with the changes, You should discontinue using the Services. IfYou continue using the Services after such five-business-dayi period, You will be deemed to have accepted the changes to the terms ofthis Agreement. In order to participate in certain Services, You may be notified that You are required to download software and/or agree to additional terms and conditions. Unless expressly set forthi in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement iss solely for accommodation purposes. All notices or other correspondence to Zoom under this Agreement must be provided to the email address set forthi in Section 9 above, or other contact information as provided by Zoom for such purpose. Any and all rights and remedies ofZoom upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive ofany other right or remedy conferred by this Agreement or by law ore equity on Zoom, and the exercise ofany one remedy will not preclude the exercise ofany other. The captions and headings appearing int this Agreement are for reference only and will not  be considered in construing this Agreement.    REPLASTERING OF MAIN POOL AT ALAMEDA WATERPARK, BUTLER COUNTY  Sealed bids will be received for the RePlastering of the Main Pool at Alameda WaterPark in the office of Ben Holland, Butler County Controller, Floor 5, County Government Center, 124 West Diamond Street, whose mailing address is P.O. Box 1208, Butler, PA 16003, on or before 4:00 p.m., Tuesday, March 26, Allb bids willl be publicly opened and read at thel Public Meeting oft the Butler County Board of Commissioners on! Wednesday, March 27,2024. at 10:00 a.m. int the First Floor Public Meeting Room oft the Butler County AN Non-Mandatory Pre-Bid Conference will be held on site at 11:00 a.m., on Wednesday March 20,  2024. All Bids must be plainly marked "BID - Replaster Alameda Waterpark." Government Center located at 124 West Diamond Street, Butler, PA 16001. 2024, at Alameda Park, 184 Alameda Park Road, Butler, Pa., at the Pool Site.  Bids will be received for the following work:  The General Construction Package includes buti is not limited to: removal of existing plaster within the main  pool area and re-plastering of the main pool area at Alameda Park Pool. Ally work for this project will be completed by May 17, 2024.  Ac certified check or bank draft, payable to the County of Butler, negotiable U.S. Government Bond (at par value or a satisfactory bid bond) executed by the bidder and an acceptable surety, in an amount equal to atl least ten percent (10%) oft the total bid of this project, shall be submitted with each bid. The successful bidder will be required to submit a 100% performance bond, a 100% labor and materials This project is subject to the Pennsylvania Prevailing Wage Act of 1961, approved August 15, 1961, P.L. 987, as amended and reference is made to the prevailing minimum wage rates applicable to this project Copies of the Contract Documents may be obtained by depositing $150.00 with Integrated Aquatics Engineering Corp., 700 W. State St., Ste 200 Doylestown, PA 18901 (215-230-8623) for each set of Documents sO obtained. Seventy-five dollars ($75.00) of said deposit will be returned to each person who submits a Bona-Fide Bid and returns the Contract Documents (the Drawings and Project Manual) in good Ac copy of the Bid Documents will be available for review at the office of the Butler County Park and Recreation Department, 184 Alameda Park Road, Butler, PA 16001, Butler, during regular business hours. Butler County reserves the right to accept or reject any or all Bids, or any part of a Bid, and to waive informalities, and to award the Bidi in the besti interest of Butler County. No Bid may be withdrawn for thirty  payment bond and a 10% maintenance bond.  which have been promulgated by the Secretary of Labor and Industry.  condition within five (5) days after the date of submitting Bids.  (30) days following the scheduled closing time for the receipt of Bids.  Board of County Commissioners Leslie A. Osche, Chairman Kimberly D. Geyer, Vice Chairman Kevin E. Boozel, M.S. Secretary  ATTEST: Lori Altman  Human Resources Director/Chief Clerk  Integrated Aquatics Engineering, Corp.  INVITATION FOR BID IFB-1  March 2024    Butler County Board ofCommissioners  Planning Commission 124 W. Diamond Street, POI Box1 1208, Butler, PA 16003-1208 Phone724,284.5300 Fax 724.284.5315 TDD724.284.5473  Commissioners Leslie. A. Osche, Chairman Kimberlyl D. Geyer, Vice Chairman Kevin E. Boozel, M.S,Secretary  ChiefofEconomic Development & Planning Mark S. Gordon  MEMO  To: Board ofc Commissioner From: Kevin Gray Date: March 7,2024  Subject: Commissioner Meeting, March 13, 2024  Please place the following item on the March 13, 2024 Public Commissioner Meeting: 1. Approval oft the Reimbursement Agreement-1 with PennDOT for the replacement of County Bridge # 70, on Geibel Road in Summit Twp. The first Agreement just had funding for Preliminary Engineering. This agreement added Final Design, Right of Way and Construction funding. With the authorization for the Chief Clerk to sign. This bridge is 100% Federal Funded. 2. Approval a Resolution to allow Lori Altman, ChiefClerk, to e-sign any future  addendums and exhibits, after Commissioners approval.  Ifyou have any questions, please contact me 724-284-5302  Thank you for your assistance Kevin Gray    LETTER OF AMENDMENT  February 28, 2024 Butler County Kevin Gray, Director Butler Re:  124 West Diamond Street, PO: Box 1208  PA 16003  Amendment 1 Agreement # R22100005  Dear Local Project Sponsor(s):  Per the terms of the subject agreement, the Department is willing to amend the terms by  increasing the total project costs from 414286 shown in the attached Exhibit A01 required signatures are affixed to this document.  to 1993994  ,as  " This amendment will become effective once all  We are requesting your concurrence as to the amendment of the above-referenced agreement. If you agree to the amendment, please indicate below by signing and noting your title where indicated. Please attach ai resolution verifying your authorization to sign this letter of IF APPLICABLE: Since the date of the Original Agreement, some standard provisions and accompanying exhibits have been updated; copies of these updated Exhibits are attached hereto and hereby supersede and replace the corresponding exhibit attached to  amendment.  the Original Agreement.  Your response is required no later than 03/13/2024  On behalf of the above-named Local Project Sponsor, I agree to the amendment of the above- referenced agreement. Iagree to all terms and conditions included in the subject agreement and  all previous amendments thereto, ifany.  Signature: Title:  Date:  All terms and conditions of the agreement and its amendments (if any) not affected by this This letter of amendment is not effective until the Office of Comptroller Operations signs and dates this letter of amendment. The Department will forward a copy of the fully executed  letter of amendment remain in full force and effect.  letter of amendment for your files.  Sincerely, Jason M Barkey Project Manager  Page 1 of2    Approved for Form and Legality:  (Asst.)District Executive for Chief Counsel  Date Date Date  Comptroller Signature  Reimbursement Amendment No. R22100005-1 iss split 100  expenditure amount of  $1,993,994.00 0  for federal funds and0.00% expenditure amount of for state funds. The related federal assistance program name and  number is Highway Planning and Construction The state assistance program name and number is N/A  20.205  N/A  Page 2 of2    PROJECT ESTIMATED COSTS Reimbursement Agreement No: R22100005 County: Butler Municipality: SUMMIT Project Name: T-584 Geibel Road Bridge MPMS: No: 56592 Engineering Agreement No: L00681  Municipality Incurred Costs 413000 323500 53100 1201608 1991208  Commonwealth Incurred Costs  Phase Totals 414286 32500D 53100 1201608 1993994 Phase Totals 413000 323500 53100 1201608 1091208 Phase Totals  Preliminary Engineering  1286 1500  Final Design Utilities Right of Way Construction SUBTOTALS  2786  COST SHARING (Municipality Incurred Costs)  Federal  % 413000 100) 323500 100) ) 53100 100) 1201608 100) 1991208  State  % Municipality o)  % o) ( (  Preliminary Engineering  Final Design Utilities Right of Way Construction TOTALS  0 ( $0.00  COST HARING/COmmonweain Incurred Costs)  Federal  % 1286 100) 1600 100) ) 100) 100) 2786  State  % Municipality o)  % o)  Preliminary Engineering  1286 1500  Final Design Utilities Right of Way Construction TOTALS  1  TOTALCOST % 0.009)  Federal  % 1993994 (100.008)  State  Municipality  % o)  Total  Amount Eligible to be Reimbursed to Municipality  1991208  Exhibit A01    Federal Funding Accountability and Transparency Act  Subrecipient Agreement Requirements  The terms 'subrecipient, subgrantee, and subawardee" used in the following pages and the agreement to which this document is attached shall mean the party that is the recipient of federal  funds under the agreement to which this document is attached. 1. Registration and Identification Information  Subrecipient must maintain current full registration that permits their entity registration to appear in a public search in the System for Award Management or SAM (www.SAM.gov) at all times during which they have active federal awards funded pursuant to this agreement. A Unique Entity Identifier (UEI) is issued upon registration in SAM.gov. Subrecipient must provide its assigned UEI to the Commonwealth of Pennsylvania Commonwealtn), along with Subrecipient's return of the signed agreement. The Commonwealth will not process this agreement until such time that  Subrecipient provides this information. 2. Primary Location  Subrecipient must provide to the Commonwealth the primary location of performance under the award, including the city, State, and zip+4. If performance is to occur in multiple locations, then Subrecipient must list the location where the most amount of the Subrecipient must provide this information to the Commonwealth along with Subrecipient's return of the signed agreement. The Commonwealth will not process this  award is to be expended pursuant to this agreement.  agreement until such time that Subrecipient provides this information.  3. Compensation of Officers  Subrecipient must provide to the Commonwealth the names and total compensation of the  five most highly compensated officers of the entity if- 1. the entity in the preceding fiscal year received-  a. 80 percent or more of its annual gross revenues in Federal awards; and b. $25,000,000 or more in annual gross revenues from Federal awards: and 2. the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchanges Act of1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of Ifs Subrecipient does not meet the conditions listed above, then it must specifically affirm to the Commonwealth that the requirements of this clause are inapplicable to the Subrecipient. Subrecipient must provide information responding to this question along with Subrecipient's return of the signed agreement. The Commonwealth will not process this agreement until such time that Subrecipient provides such information responding to this question.  the Internal Revenue Code of 1986. See FFATA S 2(b)(1).  9/08/2023    Federal Funding Accountability and Transparency Act  Subrecipient Data Sheet  The Subgrantee must complete Federal Funding Accountability and Transparency Act Subrecipient Data Sheet (FFATA Sheet) attached here. The FFATA Sheet is to be completed Failure to provide accurate information for the Subgrantee: named as aj party to this agreement or to complete the FFATA Sheet will cause the inability oft the Commonwealth of Pennsylvania (Commonwealth) to process this agreement and resulting in delay or loss of funds to the Subgrantee. The Subgrantee's documentation will be considered incomplete until such time that  and incorporated as part oft this agreement.  Subgrantee provides accurate FFATA information.  () Registration and Identification Information - The Subgrantee must maintain a current full registration that permits their entity registration to appear in aj public search int the System for Award Management or SAM (www.SAM.gov) at all times during which they have active federal awards funded pursuant to this agreement. A Unique Entity Identifier (UEI) isi issued upon registration in SAM.gov. Subgrantee must provide its UEI, to the Commonwealth along (b) Primary Location - Subgrantee must provide to the Commonwealth the primary location of performance under the award, including the city, State, and zip-+4. If performance is to occur ini multiple locations, then Subgrantee: must list the location where the most amount oft the () Compensation ofc Officers Subgrantee must provide to the Commonwealth the names and total compensation of the five most highly compensated officers of the entity if-  with the signed agreement.  award is to be expended pursuant to this agreement.  1.1 the entity in the preceding fiscal year received-  a. 80 percent or more of its annual gross revenues in Federal awards; and b.$ $25,000,000 or more in annual gross revenues from Federal awards; and 2. the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under. section 13(a) or 15(d) of the Securities Exchanges. Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Ifthe Subgrantee does not meet the conditions listed above, then iti must specifically affirm to the Commonwealth that the requirements of this clause are inapplicable to the Subgrantee. Subgrantee must provide information responding to this question along with Subgrantee's return of the signed agreement. The Commonwealth will not process this agreement until such time that Subgrantee provides such information responding to  Internal Revenue Code of 1986. See FFATA $ 2(b)(1).  this question.  09/12/2023    Federal Funding Accountability and Transparency Act Subrecipient must provide information along with Subrecipient's return of the signed agreement. The Commonwealth will not process the agreement  Subrecipient Data Sheet until such time that Subreciplent provides such information.  REGISTRATION AND IDENTIFICATION INFORMATION  Unique Entity Identifier (UEI):  INSTRUCTIONS: Subrecipient must provide its assigned UEI. Subrecipient must maintain current registration that permits their entity registration to appear in a public search in SAM (www.SAM.gov) at all times during which they have  active federal awards funded pursuant to this agreement.. AUEI isi issued upon registration in SAM.gov.)  PRIMARY LOCATION  City: State: Zip+4:  INSTRUCTIONS: Subrecipient must provide to the Commonwealth the primary location of performance under the award, including the city, State, and zip code including 4-digit extension. If performance is to occur in multiple locations, then Subrecipient must list the  location where the most amount oft the award ist to be expended pursuant to the agreement.]  COMPENSATION OF OFFICERS  Officer 1 Name: Officer 1 Compensation: Officer 21 Name: Officer 2 Compensation: Officer 31 Name: Officer 3 Compensation: Officer 41 Name: Officer 4 Compensation: Officer 51 Name: Officer 5 Compensation: compensated officers of the entity if- 1.t the entity in the preceding fiscaly year received--  By marking thei following box Subrecipient affirms they do not meet the conditions for reporting highly compensated officials  INSTRUCTIONS: Subrecipient must provide to the Commonwealth the names and total compensation of the fiver most highly  a. 80 percent or more of its annual gross revenues in Federal awards; and b.$25,000,000 or more in annual gross revenues from Federal awards; and  2.t the public does not have access toi information aboutt the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchanges. Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 Ifthe Subrecipient does not meet the conditions listed above, then itr must specifically affirm to the Commonwealth that the  oft the Internal Revenue Code of 1986. See FFATA $2(b/(1). requirements oft this clause are inapplicable to the Subrecipient.  09/12/2023    FHWA-1273-1 Revised October 23, 2023  REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION ÇONTRACTS  performed ont the contract by the contractor's own organization and with the assistance ofv workers undert the contractor's immediate superintendence: and toa allv work performed ont the contract byp piecework, station work, or by subcontract. 23 3. Ab breach ofe any oft the stipulations containedi int these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding off final payment, termination oft the contract, suspension/ debarment ora any other action determined" to be appropriate by the contracting agency and FHWA. 4. Selection ofl Labor: During the performance oft this contract, the contractor: shall not use convict labor fora any purpose withint the limits ofac construction project on al Federal-aid highway unless itisl labor performed by convicts who are on parole, supervised release, orp probation. 23U.S.C. 114(b). Thet term Federal-aid highway does noti include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMIMATION (23 CFR: 230.1 107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions oft this section related to 23 CFRI Part 230, Subpart A, Appendix Aa are applicable to all Federal-aid construction contracts and to allr related construction subcontracts of$10,000 orr more. The provisions of23 CFR architectural service contracts. In addition, the contractor and alls subcontractors must comply with thet following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C.1 140, Section 504 oft the Rehabilitation. Act of 1973, as amended (29 U.S.C. 794), Title VI oft the Civil Rights Acto of 1964, as amended (421 U.S.C. 2000d ets seq.), and related regulations including 49 CFRI Parts 21,26, and: 27; and 23 CFR Parts 200, 230, ande 633. requirements oft the Equal Opportunity Clausei in41 CFR60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR60-4.3. policies oft the Secretary ofl Labor including 41 CFR Part6 60, and: 29 CFR Parts 1625-1627. The contracting agency and the FHWAI havet the authority andt the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 ofthe Rehabilitation. Act of1 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 21,26, and 27; and 230 CFRI Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform tot thel U.S. Department ofL Labor (US DOL) and FHWA  General H. Nondiscrimination I. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions Contract' Work Hours and Safety Standards Act Provisions VI, Subletting or Assigning the Contract Vil. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean. Air Act and Federal' Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use ofl United States-Flag Vessels: ATTACHMENTS  CFR 633.102(d).  A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian LocalA Access Road Contracts (included in Appalachian contracts only) 1. Form FHWA-1273 must be physically incorporated ine each construction contract funded under title 23, United States Code, as requiredi in: 23 CFR 633. 102(b) (excluding contractor (or subcontractor) must insert this formi in each subcontract: and further require its inclusion in alll lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies ors services). 23CFR The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement ora agreement for other services. The prime contractor shall ber responsible for compliance by any Form FHWA-12731 must bei included in all Federal-aid design- build contracts, ina alls subcontracts andi inl lower tier subcontracts (excluding subcontracts for design services, design-builder shall ber responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273in solicitation-for-bids or requesl-or-proposals documents, however, the Form FHWA-1273 must be physically lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements fors supplies ors services related toa a construction contract). 23 CFR 633.102(b). 2. Subject tot the applicability criteriar notedi int thet following sections, these contract provisions shall applyt to allv work  23U.S.C.1 101(a).  GENERAL  emergency contraçts solelyi intended for debris removal). The Part 230: are not applicable tor material supply, engineering, or  633.102(e).  subcontractor, lower-tiers subcontractor ors service provider. 23 The contractor and all subcontractors must comply with: the  CFR 633.102(e).  purchase orders, rental agreements and other agreements for Note: The U.S. Department ofL Labor has exclusive authority to supplies or services)i ina accordance with 23 CFR 633.102. The determine compliance with Executive Order 11246 and the  incorporated (notr referenced) in all contracts, subcontracts and 2000de ets seq.), and related regulations including 49 CFRI Parts  requirements.    1.E Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60a and 49 CFR Part: 27) and orders oft the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract, The provisions oft the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)s setf forth under 28 CFRI Part 35 and 29 CFR Part 1630 oft this contract, the contractor agrees to comply with the following minimum specific requirement activities ofE EEO: a. The contractor will work withi the contracting agency and the Federal Govemment to ensure that it has made every. ofitst terms and conditions ofe employment andi int their review ofa activities under the contract. 23 CFR 230.409 (g)(4)&(5). b. The contractor will accept as its operating policy the "tist the policy oft this Company to assure that applicants are employed, and thate employees are treated during employment, without regard to their race, religion, sex, ord disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment orr recruitment advertising; layoff ort termination; rates of pay or otherf forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, andlor on-the-job 2. EEO Officer: The contractor will designate and make the responsibility for and must be capable ofe effectively administering and promoting ana active EEO program and who must be assigned adequate authority and responsibility to do 3. Dissemination of Policy: Allr members oft the contractor's staff who are authorized tol hire, supervise, promote, and discharge employees, orv who recommend: such action ora are substantially involved ins such action, willl ber madet fully cognizant of and willi implement the contractor's EEO policy and contractual responsibilities top providel EEOI in each grade and classification ofe employment. To ensure thatt the above agreement willl ber met, the following actions willl bet taken as a a. Periodiç meetings ofs supervisory and personnel office employees willl be conducted before the start of work and then not less oftent than once everys six months, at which time the contractor's EEO! policy andi its implementation will be reviewed: and explained. The meetings willl be conducted! by the EEO Officer or otherk knowledgeable company official. given a thoroughi indoctrination by thel EEO Officer, covering allr major aspects oft the contractor's EEO obligations within C. Allp personnel who are engagedi inc directr recruitment for the project willl bei instructed by thel EEO Officer int the contractor's procedures forl locating and! hiringr minorities and  d. Notices and posters settingf forth the contractor's EEO policy willl be placedi ina areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be! broughtt to the attention of employees by means ofr meetings, employee handbooks, or 4. Recruitment: When advertising for employees, the contractor willi include ina all advertisements for employees the notation: "An Equal Opportunity Employer." All such circulation amongr minorities and womeni int the areai from which the project work force would normally be derived. a. The contractor will, unless precluded bya valid bargaining agreement, conduct systematic and direct sources likely toy yield qualified minorities andy women. To meet this requirement, the contractor willi identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred tot the contractor fore employment b. Int the event the contractor has a valid bargaining agreement providing for exclusive hiring hallr referrals, the agreement tot the extent thatt the system meets the contractor's compliance with EEO contract provisions, Where implementation ofs such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, suchi implementation violates Federal nondiscrimination provisions. C. The contractor will encourage itsp present employees to Information and procedures with regard tor referring such applicants willl be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established: and administered, and personnel actions ofe everyt type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard tor race, color, religion, sex, sexual orientation, genderi identity, national origin, age or disability. Thet following procedures shall bef followed: a. The contractor will conduct periodic inspections ofp project sites to ensure that working conditions and employee facilities do noti indicate discriminatory treatment of projects site b. The contractor will periodically evaluate the spread of wages paidy within each classifiçation to determine any evidence of discriminatory wage practices. C. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of promptly take corrective action. Ifthe review indicates that the discrimination may extend beyond the actions reviewed, such d. The contractor will promptly investigate all complaints of alleged discrimination made tot the contractor inc connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action  other appropriate means.  arei incorporated: by reference int this contract. Int the execution advertisements will be placed inp publications having al large  good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral  following statement:  consideration.  sexual orientation, gender identity, color, national origin, age contractor is expected to observe the provisions oft that  training."  known to the contracting officers an! EEO Officer who willl have refer minorities and women as applicants for employment.  sO.  minimum:  personnel.  b. Allr new supervisory or personnel office employees willl be discrimination. Where evidence is found, the contractor will thirty daysf following their reporting for duty with the contraçtor. corrective actions shall include alla affected persons.  women.  2    within a reasonable time. Ift the investigation indicates that the sufficientr referrals (even thoughi iti is obligated top provide such corrective action shall include such other persons. Upon agreement) does not relieve the contractor fromt the  discrimination may afectp persons other than the complainant, completion ofe eachi investigation, the contractor will inform every complainant ofa allo oft their avenues ofa appeal. 6.Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills ofr minorities and women who are should be aimed at developing fullj journey level status employees int the type oft trade orj job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and Stater regulations, the contractor shall maket full use oft training programs (i.e., apprenticeship and on-the-jobt training programs fort the geographical area of contract performance). Int the eventa a special provision for trainingi is provided under this contract, this subparagraph willl be superseded asi indicated int the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance ina accordance with 23U.S.C. 140(a). C. The contractor will advise employees and applicants for employment ofa available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential ofe employees who are minorities and women and will encourage eligible employees to applyf for such training and promotion. 7.Unions: Ifthe contractor relies in whole ori in part upon unions as a source ofe employees, the contractor will use good faith efforts to obtaint the cooperation ofs such unions to increase opportunities for minorities and women. 23 CFR contractor's association acting as agent, will include the a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership sot that they may qualify for higher paying employment. EEO clausei into each uniona agreement tot the end that such union willl be contractually bound tor refer applicants without regard tot their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. C. The contractor ist to obtain information as tot the referral practices and policies oft thel labor union except that to the extents such information is within the exclusive possession of the labor union and such labor union refuses tof furnish such information to the contractor, the contractor: shall so certify to the contracting agency and shall set forthy whate efforts have been madet to obtain such information. d. Int the event the unioni is unable top provide the contractor int the collective bargaining agreement, the contractor will, throughi independent recruitment efforts, fill the employment vacancies withoutr regard tor race, color, religion, sex, sexual orientation, genderi identity, national origin, age, or disability; makingf full efforts to obtain qualified and/or qualifiable minorities and women. The failure ofau union top provide  exclusive referrals under thei terms ofa collective bargaining requirements oft this paragraph. Int the event the unionr referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the 8. Reasonable Accommodation: for Applicants/ with the requirements for and comply with the Americans with Disabilities Act and allr rules and regulations established thereunder. Employers must provide reasonable accommodation ina all employment: activities unlesst to do so wouldo cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate ont the grounds ofr race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in thes selection and retention ofs subcontractors, including procurement ofr materials and leases ofe equipment. The contractor: shall take all necessary and reasonable steps to ensure nondiscrimination int the administration oft this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors oft their EEO obligations undert this b. The contractor will use good faith efforts to ensure subcontractor compliance witht their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT's FHWA-approved Disadvantaged Business Enterprise b. The contractor, subrecipient ors subcontractor shall not discriminate ont the basis ofr race, color, national origin, ors sex int the performance of this contract. The contractor: shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure! byt the oft this contract, which may resulti int thet termination oft this contract ors such other remedy ast the recipient deems (1)Withholding monthly progress payments; (2): Assessing sanctions; (3)L Liquidated damages; and/or (4) Disqualifying the contractor from future! bidding as non- responsible. C. The Title Via and nondiscrimination provisions ofU.S. DOT Order 1050.2A at Appendixes A and E arei incorporated byr reference. 49 CFRF Part21. 11. Records and Reports: The contractor: shall keep such records asr necessary to document compliance with the EEO requirements. Suchr reçords shall ber retained forap period of threey yearsf following the date oft the final payment tot the contractor fora all contract work and shall be available at representatives oft the contracting agency and the FHWA. a. Ther records kept by the contractor: shall document the  contracting agency.  applicants for employment or current employees. Such efforts Employees with Disabilities: The contractor must bef familiar  contract.  230.409. Actions by the contractor, either directly ort through a (DBE) program are incorporated by reference.  procedures set forth below:  int the unions and increasing the skills of minorities and women contractor to carry outt these requirements is a material breach b. The contractor will use good faith efforts toi incorporate an appropriate, whichr may include, buti is notl limitedt to:  with a reasonable flow ofr referrals within thet time limit set forth reasonable times and places fori inspection by authorized  following:  3    (1) The number and work hours ofr minority and non- minority group members and women employed ine each work (2)T Thep progress and efforts beingr madei in cooperation with unions, when applicable, toi increase employment opportunities for minorities and women; and (3) The progress and efforts being madei in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors wills submit an annual reportt tot the contracting agency each. Julyf for the duration of minority group employees currently engaged ine each work tob ber reported on FormF FHWA-1391. The staffing data should represent the project work force on boardi in all or any part of the last payroll period preceding the end of. July. Ifon-the-job training is beingr required bys special provision, the contractor willl ber required to collect and report training data. The all or any part oft the last payroll period preceding the end of  Projects funded under 23 U.S.C. 117, and Nationall Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions aref from the U.S. Department of Labor regulations in2 29 CFR5.5" Contract provisions and relatedr matters" with minor revisions to conform tot the FHWA- 12731 format and FHWA program requirements. 1. Minimum wages (29 CFR5.5) a. Wage rates and fringe benefits. AIlI laborers and otherwise workingi in construction or development oft the unconditionally and not! less often than once ay week, and without subsequent deduction orr rebate on any account (except such payroll deductions as are permitted by regulations issued byt the Secretary ofLabor under the Copeland Act (29 CFR part 3)), the fulla amount ofb basich hourly thereof) due att time ofp payment computed atr rates notl less than those contained int the wage determination oft the Secretary ofL Labory whichi is attached hereto and made a part hereof, regardless ofa any contractual relationship which may be alleged toe exist between the contractor: ands such laborers and mechanics.. As provided in paragraphs (d) and (e)of29 CFR5.5, the appropriate wage determinations are effective by operation of! law even ift they! have not been attached tot the contract. Contributions made or costs reasonably anticipated for bonai fide fringe benefits under the Davis-Bacon. Act (40 US.C.314112/B) on behalf ofl laborers orr mechanics are considered wages paid tos such laborers or mechanics, subject tot the provisions of paragraph 1.e. oft this section; also, regular contributions made or costs incurred for morei than a weekly period (but not less often than quarterly) under plans, funds, or deemed tob be constructively made ori incurred during such weekly period. Such laborers and mechanics must be paidt the appropriate wager rate and fringe benefits ont the wage performed, without regardt to skill, except as providedi in paragraph4 4. oft this section. Laborers or mechanics performing work in more than one classification may be compensated. at the rate specified fore each classification for thei time actually worked therein: Provided, That the employer's payroll records which work isp performed. The wage determination (including any additional classifications and wager rates conformed under paragraph 1.c. of this section) andt thel Davis-Bacon poster (WH-1321) must be posted ata allt times by the contractor: and itss subcontractors att the site oft the work inap prominent and accessible place wherei ito can be easily seen byt the workers. b. Frequently recurring classifications. (1)! In additiont tov wage and fringe! benefit rates that have been determined to be prevailing undert the procedures set forthi in 29CFR part1,a wage determination may contain, pursuant to $1.3(), wage mechanics for which conformance requests are regularly submitted pursuant top paragraph 1.c. oft this section, provided () Thev work performed by the classification isr not performed bya classification in the wage determination for which a prevailing wager rate has been determined;  classification ont the project;  the projecti indicating the number ofr minority, women, and non- mechanics employed orv working upon the site oft thev work (or classification required byt the contract work. This information is project under a development: statute), willl be paid  employment data should reflect the work force on board during wages and bona fide fringe benefits (or cash equivalents  July.  III. NONSEGREGATED FACILITIES This provision is applicable to alll Federal-aid construction contracts and toa allr related construction subcontracts ofr more than $10,000. 41 CFR 60-1.5. Asp prescribed by 41 CFR 60-1.8,t the contractor must ensure that facilities provided for employees are provided ins such a manner that segregation on the basis ofr race, color, religion, sex, sexual orientation, genderi identity, orr national origin cannot result. The contractor may neither require such by employee custom. The contractor's obligation extends further to ensure thati its employees are nota assigned to perform their services ata any! location under the contractor's includes waitingr rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment: areas, transportation, and! housing provided for employees. The necessary dressing or sleeping areas to assure privacy IV. DAVIS-BACON. AND RELATED ACT PROVISIONS This section is applicable to allF Federal-aid construction projects exceeding $2,000 andt to all related subcontracts and lower-tier subcontracts (regardless ofs subcontract: size), in accordance with 29 CFR 5.5. The requirements applyt to all projects located withint the right-of-way ofar roadway thati is This excludes roadways functionally classified asl local roads orr rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects bet treated as a project ona al Federal-aid highway, the provisions of this subpart will apply regardless oft the location oft the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects), the! Nationally Significant Freight and Highway  segregated usel by written or oral policies nor tolerate such use programs which cover the particular weekly period, are control where thef facilities are segregated. The term' "facilities" determination for the classification(s) of work actually  contractor shall provide separate or single-user restrooms and accurately set forth the time spenti ine each classification! in  between sexes.  functionally classified as Federal-aid highway. 23 U.S.C.113. and1 fringe benefit rates for classifications ofl laborers and  that:    () The classification is usedi int the area byt the construction industry; and relationship to the prevailing wager rates contained int the wage determination. (2) The Administrator will establish wager rates for such classifications ina accordance with paragraph 1.c.(1)(ii) oft this section. Work performed ins such a classification must be paid atr nol less than the wage andi fringe! benefit ratel listed on the wage determination for such classification. any class of laborers or mechanics, including helpers, whichi is equivalent thereof. notl listedi int the wage determination and whichi ist tol be employed under the contract be classifiedi inc conformance with the wage determination. Conformance ofa ana additional classification and wage rate andf fringe benefits is appropriate only when the following criterial have been met: (1)7 The work to be performed by the classification requested is not performed bya a classification int the wage determination; and (i) The classification is usedi int the area by the construction industry; and benefits, bears a reasonable relationship tot the wage rates contained int the wage determination. (2) The conformance process may not be used tos split, subdivide, or otherwise avoid application ofc classifications listedi int the wage determination. (3)lft the contractor and thel laborers and mechanics tol be employed in the classification (ifk known), ort their representatives, and the contracting officer agree ont the classification and wage rate (including the amount designated forf fringe benefits where appropriate), ar report oft the action taken will bes sent by the contracting officer bye email to DPAcmtemanseadisor The Administrator, or an authorized representative, willa approve, modify, or disapprove every additional classification action within: 30 days ofr receipt and so advise the contracting officer orv will notifyt the (4)! In the event the contractor, the laborers or mechanics to be employedi int the classification ort their representatives, and the contracting officer dor not agree on the proposed classification and wage rate (including the amount designated forf fringe benefits, where appropriate), the contracting officer will, bye email to DBAconlomanceadisoy refer the questions, including the views ofa alli interested parties and the ford determination. The Administrator, or an authorized representative, willi issue a determination within 30 days of receipt and so advise the contracting officer or will notify the (5) The contracting officer must promptly notify the contractor oft the action taken by the Wage and Hour Division  under paragraphs 1.c.(3) and (4) oft this section. The contractor must furnish av written copy ofs such determination to each affected worker ori itr must! bep posted as a part oft the wage determination. The wager rate (including fringe benefits where this section must be paidt to ally workers performing worki int the classification under this contract from thet first day on which worki isp performed int the classification. d. Fringe benefits not expressed as an! hourly rate. Whenever ther minimum wage rate prescribed in the contract for a class ofl laborers or mechanics includes at fringe benefit whichi is note expressed: as an! hourly rate, the contractor may eitherp pay the! benefit as statedi int the wage determination or e. Unfunded) plans. Ifthe contractor does not make payments to at trustee or other third person, the contractor may consider as part oft the wages of any! laborer orr mechanic the amount of anyo costs reasonably anticipated inp providing! bona fidet fringe benefits under a plan orp program, Provided, That the Secretary ofl Labor has found, upont the written request of the contractor, ina accordance withi the criterias setf forthi in $5.28, thatt the applicable standards oft the Davis-Bacon Act have been met." The Secretary ofL Labor may requiret the contractor to seta asidei inas separate account assets fort the meeting of obligations undert the plan orp program. f.Interest. Int the event ofa ai failure top pay all or parto oft the top pay interest on any underpayment of wages. 2. Withholding (29 CFR5.5)  (ii) The wage rate for the classification bears a reasonable appropriate) determined pursuant top paragraph 1.c.(3)or (4)of  C. Conformance. (1)7 The contracting officer must require that may pay another bona fide fringe benefit or an! hourly cash  (ii) The proposed wage rate, including any bona fide fringe wages required byt the contract, the contractor willl ber required  a. Withholding requirements. The contracting agency may, uponi its own action, orr must, upon written request of an authorizedi representative oft the Department ofLabor, withhold or cause to be withheld from the contractor so much oft the accrued payments ora advances as may be considered necessaryt tos satisfyt thel liabilities oft the prime contractor or any subcontractor for thei full amount ofv wages and monetary relief, including interest, required by the clauses setf forthi int this section for violations oft this contract, ort to satisfy any such liabilities required by any other Federal contract, orf federally assisted contract subject tol Davis- Bacon labor standards, that is held by thes same prime contractor (as defined in $5.2). The necessary funds may! be withheld from the contractor under contractor, or any otherf federally assisted contract thati is subject tol Davis-Bacon labor standards requirements andis held by the same prime contractor, regardless ofv whether the other contract was awarded ora assisted by the same agency, ands such funds may be used tos satisfyt the contractor liability for which thet funds were withheld. Int the event ofa contractor's failure top pay any! laborer or mechanic, including any apprentice or helper working ont the site oft the work allo or part oft the wages required by the contract, or upon the inp paragraph 3.d. ofthis section, the contracting agency may oni its owni initiative and after written notice tot the contractor, take such action as may be necessary to cause the funds until such violations have ceased. b. Priority toy withheld funds. The Department has priority to funds withheld or tot be withheld ina accordance with paragraph  contracting officerv within the 30-day periodt that additional time this contract, any other Federal contract witht thes same prime  isr necessary.  recommendation of the contracting officer, tot the Administrator contractor's failure tos submit the required records as discussed contracting officer withint the 30-day periodt that additional time suspension of anyf further payment, advance, or guarantee of  is necessary.  5    2.a. oft this section or Section' V. paragraph 3.a., orb both, over (1)A A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2)A A contracting agency for its reprocurement costs; (3)At trustee(s) (either a court-appointed trustee ora al U.S.  agency. Thep prime contractor is responsible fort the submission ofa allo certified payrolls by all subcontractors. Ad contracting agency or prime contractor may permit orr require contractors tos submit certified payrolls through ane electronic: system, as longa ast the electronic system requires al legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department ofL Labort to access the certified payrolls upon request for atl least 3 years after the work ont the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission ins situations where the contractor is unable or (2) Information. required. The certified payrolls submitted must set out accurately and completely all oft thei information required tob be maintained under paragraph 3.a.(2) oft this section, except that full Social Security numbers and! last known addresses, telephone numbers, ande emaila addresses must not bei included on weekly transmittals. Instead, the certified payrolls need only include ani individuallyi identifying numberf fore each worker (e.g., the last four digits oft the worker's Social Security number). The required weekly certified payrolli information may be submitted using Optional Form WH-347 ori in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division website at/ https:!www. dpassseewaP legareylleswn347/pd ori its successor website. Itis nota a subcontractor top provide full Social Security numbers andl last known addresses, telephone numbers, ande email addresses to the prime contractor fori its own records, without weekly submission by the subcontractor tot the contracting agency. (3) Statement of Compliance. Each certified payroll submitted must be accompanied by a' Statement of Compliance," signed byt the contractor ors subcontractor, or the contractor's ors subcontractor's agent who pays ors supervises the payment oft the persons working ont the contract, and must ()1 Thatt the certified payroll for the payroll period contains thei information required to be provided under paragraph 3.b. ofthis section, the appropriate information andl basicr records are beingr maintained under paragraph 3.a. oft this section, and suchi information and records are correct and complete; (i) That each laborer orr mechanic (includinge each helper and apprentice) working on the contract duringt the payroll period has been paid thet fully weekly wagese eamed, without rebate, either directly or indirectly, and that no deductions have been made either directly ori indirectly from thet full wages earned, other than permissible deductions ass set (ll) That eachl laborer or mechanic has been paidr notl less thant the applicable wage rates and1 fringe benefits ord cash equivalents for the classification(s) of work actually performed, ass specified int the applicable wage determination incorporated intot the contract. (4) Use of Optional Form WH-347. The weekly submission ofap properly executed certification set forth ont the reverse side of Optional Form' WH-347 wills satisfyt the requirement for submission oft the" "Statement of Compliance" requiredby paragraph 3.b.(3) oft this section.  claims tot thosef funds by:  trustee, orb both) inb bankruptcy ofa a contractor, or a contractor's limited ini its ability tou use ora access the electronic: system.  bankruptcy estate; (4)Ad contractor's assignee(s); (5)A Acontractor's successor(s); or US.C.3901-3907.  (6)Aclaim asserted undert the Prompt Payment Act, 31 3.F Records and certified payrolls (29 CFR5 5.5) a. Basici record requirements (1) Length ofr record retention. Allr regular payrolls and other basic records must be course oft the work and preservedf fora all! laborers and mechanics working att the site oft the work (orc otherwise working inc construction or development oft thep project undera a development: statute) for a period of atl least 3 years after all the work ont the prime contract is completed. (2) information required. Such records must contain the name; Social Security number; last known address, telephone number, ande emaila address ofe each such worker; each worker's correct classification(s) of work actually performed; hourly rates ofv wages paid (including rates of contributions or costs anticipatedf for bonai fide fringe benefits orc cash equivalents thereof oft the types describedi in 40U.S.C. 3141(2)B) of the Davis-Bacon. Act); daily and weekly number of hours actually workedi int total and on each covered contract; deductions made; and actual wages paid. (3)A Additional records relating to fringe benefits. Whenever the Secretary ofL Labor hasf found under paragraph 1.e. oft this section that the wages ofa any laborer or mechanic include the amount ofa any costs reasonably anticipated inp providing benefits under ap plan orp program described in 40U.S.C. 3141(2)B) oft the Davis- Bacon Act, the contractor must maintain records which showt thatt the commitment top provide such benefits is enforceable, that the plan orp programi is financially responsible, and that the plan or program has been communicated iny writingt tot the laborers or mechanics affected, and records which show the costs anticipated ort the actual costi incurred inp providing such benefits. (4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence oft the registration ofa apprenticeship programs, the registration oft the apprentices, and the ratios and wager rates prescribedi int the applicable programs. b. Certified payroll requirements (1) Frequency. andi method ofs submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work isp performed, certified payrolls tot the contracting  maintained byt the contractor and any subcontractor during the violation oft this section for a prime contractori tor require a  certify thei following:  forth in 29 CFRP part3 3; and    (5) Signature. The signature by the contractor, subcontractor, ort the contractor's ors subcontractor's agent must be and original handwritten signature ora al legally valid (6) Falsification. The falsification ofa any oft the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18U.S.C.1001 and 31 (7)Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the ont the prime contract is completed. C. Contracts, subcontracts, andi related documents. The contractor ors subcontractor must maintain this contract or subcontract: and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course oft the work and for a period of3 years after allt the work ont the prime contract is completed. d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3,c. oft this section, and any other documents that the contracting agency, the State DOT, the FHWA, ort the Department ofl Labor deems necessary to determine compliance with the labor standards provisions of inspection, copying, ort transcription! by authorized representatives oft the contracting agency, the State DOT, the FHWA, or the Department ofl Labor, and must permit such representatives toi interview workers during working! hours on (2) Sanctions for non-compliance with records and worker submit the required records ort tor make them available, or refuses top permit worker interviews during working! hours on thej job, the Federal agency may, after written notice tot the contractor, sponsor, applicant, owner, or othere entity, as the case may be, thatr maintains such records ort thate employs such workers, take such action as may be necessary to cause off funds. Furthermore, failure tos submit the required records upon request ort tor make such records available, ort top permit worker interviews during working! hours ont thej job, may be grounds for debarment: action pursuant to $5.12. In addition, any contractor or other person that fails tos submitt the required records or maket those records available to WHD within the time WHDI requests that the records be produced will be precluded fromi introducing as evidence ina an administrative proceeding under 29 CFR part6 any oft the required records that were notp provided or made availablei to WHD. WHD will take into consideration a reasonable request from the contractor or person fora an extension oft thet time for submission ofr records. WHD will determinet the things, thel location oft the records and the volume of (3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address  ofe each covered worker, andi must provide them upon request tot the contracting agency, the State DOT, the FHWA, the contractor, ort the Wage and! Hour Division oft the Department ofLabort for purposes ofa ani investigation or other compliance 4.Apprentices and equal employment opportunity (29 CFR a. Apprentices (1) Rate ofpay. Apprentices will be permitted tov work atl less than thep predetermined rate fort thev work they perform whent they are employed pursuantt to andi individually with the U.S. Department ofLabor, Employment and" Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agencyr recognized! by the OA. Ap person who is not individually registered int the program, buty who! has been certified by the OA or a State Apprenticeship. Agency (where appropriate)t to! be eligible forp probationary employment. as an apprentice, will be permitted tov work atk less than the predetermined rate for the work they performi int thet first 90 days of probationary employment. as an apprenticei ins sucha program. Int the event the OA oras State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will nol longer be permitted tou use apprentices at less than the applicable predetermined/ ratet for the work performed until an acceptable (2) Fringe benefits. Apprentices must be paid fringe benefits ina accordance with the provisions oft the apprenticeship program, Ift the apprenticeship program does nots specify fringe benefits listed ont the wage determination fort the applicable classification. Ifthe Administrator determines thata a different practice prevails for the applicable apprentice classification, fringe benefits must be paidi ina accordance with that (3) Apprenticeship ratio. The allowable ratio ofa apprentices to not be greater than the ratio permitted to the contractor: ast to the entire work force under ther registered program ort the ratio applicable tot thel locality oft the projectp pursuant top paragraph 4.a.(4)oft this section. Any workerl listed on a payroll at an apprentice wage rate, whoi isr not registered or otherwise employed ass statedi inj paragraph 4.a.(1) oft this section, must determinationi for the classifiçation of work actually performed. Ina addition, any apprentice performing work ont thej job sitei in excess oft the ratio permitted undert this section must! be paid not! less thani the applicable wager rate ont the wage determination for the work actually performed. (4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on ap project ina a locality other than thel locality in which its program isr registered, ther ratios and wager rates (expressedi in percentages oft thej journeyworker's hourly rate) applicable within thel localityi inv whicht the construction is being performed must be observed. Ift there is the ratio and wage rate specified int the contractor's registered b. Equale employment opportunity. The use ofa apprentices andj journeyworkers undert this partr must bei inc conformity with  electronic: signature. U.S.C.3729.  action. 5.5)  course oft the work and for aj period of 3 years after all the work registered ina al bona fide apprenticeship program registered  program is approved.  any of the applicable statutes referenced by $5.1, available for benefits, apprentices must bep paidt thei full amount of fringe  thej job.  determination.  access requirements. Ifthe contractor or subcontractor fails to journeyworkers ont thej job sitei in any craft classifiçation must  thes suspension ofa any further payment, advance, or guarantee bep paid not less than the applicable wager rate ont the wage  reasonableness oft the request and may consider, among other no applicable ratio orv wager rate fort the locality oft the project,  production.  program must be observed.  7    the equal employment opportunity requirements ofE Executive Order 11246, as amended, and 29 CFR part3 30. C. Apprentices and Trainees (programs oft the U.S. DOT). Apprentices and trainees working undera apprenticeship and skillt training programs which have been certified byt the Secretary of Transportation: as promoting EEOi inc connection with Federal-aid highway construction programs are not subject tot the requirements of paragraph 4 oft this Sectionl IV. apprentices and trainees unders such programs will be established by the particular programs. The ratio of apprentices and trainees toj journeyworkers shall not be greater than permitted by thei terms oft the particular program. 5. Compliance with Copeland. Act requirements. The contractor shall comply with the requirements of2 29 CFR part 3, which arei incorporated by reference int this contract as FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency. may by appropriate instructions require, anda a clause requiring the subcontractors toi includet these clauses and wage determination(s) ina any the compliance by anys subcontractor or! lowert tier subcontractor with allt the contract clauses int this section. In the event ofa any violations oft these clauses, the prime contractor andi any subcontractor(s) responsible willl bel liable for any unpaid wages and monetary relief, including interest ofl lower-tier subcontractors, and may bes subject to debarment, ACT 7. Contract termination: debarment. Ab breach oft the oft the contract, and for debarment as ac contractor and a subcontractor asp provided in: 29 CFR5.12. 8.0 Compliance with Davis-Bacon and Related Act requirements. All rulings andi interpretations oft the Davis- Bacon and Related Acts contained in: 29 CFR parts 1,3, and 5 are herein incorporated by reference int this contract as 9. Disputes concerning labors standards. Asp providedi in 29 oft this contract shall not bes subjectt to the general disputes clause oft this contract. Such disputes shall be resolvedi in accordance with the procedures oft thel Department ofl Labor setf forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning oft this clausei include disputes between the contractor 5.5. (or any ofi its subcontractors) and the contracting agency, the U.S. Department ofl Labor, ort the employees or their the contractor certifies that neither it nor any person orf firm who has an interesti int the contractor's: firmi is a person orf firm ineligible to be awarded Government contracts by virtue of 40  b. No part oft this contract shalll bes subcontracted to any person orf firmi ineligible for award ofa Government contract by virtue of 40 U.S.C.: 3144(b) or $5.12(a). c. The penalty for making false statements is prescribed in the U.S. Code," Title 18 Crimes and Criminal Procedure, 18 11. Anti-retaliation. Iti is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, ori in any other manner discriminate against, any worker orj job applicant for: a. Notifying any contractor ofa any conduct whicht the worker reasonably believes constitutes av violation oft the DBA, Related Acts, this part, or 29 CFR, part1or3; b. Filinga any complaint, initiating or causing tot bei initiated any proceeding, ord otherwise asserting or seeking to assert on DBA, Related. Acts, this part, or 290 CFRpartior3: C. Cooperating in any investigation or other compliance action, ort testifying in proceeding under the Related d. Informing any other person about their rights under the DBA, Related. Acts, this part, or 29 CFR part1 or3.  U.S.C.1001.  23 CFR 230.111(e)(2). The straightt time hourly wager rates for ori in any otherr manner discriminate against, ort to cause any  providedi in 29 CFR5.5.  6. Subcontracts. The contractor ors subcontractor must insert behalf oft themselves or others any right or protection under the  this  any  DBA,  lower tier subcontracts. The prime contractor isr responsible for Acts, part, or 29CFRp part1 or3;or  fromt the date oft the underpayment or1 loss, due to any workers V. CONTRACT WORKI HOURS AND SAFETY STANDARDS contract clauses in: 290 CFR! 5.5 may be grounds fort termination Federal-aid construction contract ina an amount ine excess of  as appropriate. 29 CFR5.5.  Pursuant to: 29 CFR 5.5(b), thet following clauses applyt toa any $100,000 and subject tot the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall! bei insertedi ina addition tot the clauses required by 29 CFR 5.5(a)c or 29 CFR4.6. As usedi int this paragraph, the terms laborers andi mechanics include watchpersons and 1.Overtime requirements. No contractor or subcontractor contracting for any part oft the contract work which may require ori involve the employment ofl laborers or mechanics shall require or permit any such laborer or mechanici ina any work ine excess of forty hours ins such workweek unless such laborer orr mechanic receives compensation atar rate not! less than one and one-half times the basic rate of payf for all hours workedi ine excess off forty! hours ins such workweek. 29 CFR 2. Violation; liability for unpaid wages; liquidated damages. Int the event of any violation of the clause set forth inj paragraph 1. oft thiss section the contractor and any unpaid wages andi interest from the date oft the underpayment. Ina addition, such contractor and subcontractor shall bel liable to the United States (int the case ofv work done under contractf for thel District of Columbia oral territory, tos such District or tos such territory), for liquidated damages. Such liquidated damages shall be computed with respectt toe eachi individual laborero or  guards.  provided in2 29 CFR5.5.  CFR 5.5, disputes arising out oft the labor standards provisions workweek inv which he ors she is employed on such work to  representatives.  10. Certification ofe eligibility. a. By entering into this contract, subcontractor responsible therefor shall be liablef fort the  U.S.C.3144b) or55.12(a).    mechanic, including watchpersons and guards, employed in violation oft the clause set forthi inp paragraph 1.oft this section, int the sum currently providedi in 29 CFR 5.5(b)(2)* for each calendar day on whichs suchi individual was required or permitted tov work ine excess oft the standard workweek off forty hours without payment oft the overtime wages required byt the clause set forth inp paragraph 1.oft this section, the Federal Civil Penalties Inflation Adjustment Act of 1990. 3.Withholdingt for unpaid wages and liquidated damages a. Withholding, process. The FHWA or the contracting agency may, uponi its own action, or must, upon written request of an authorized representative oft the Department of Labor, withhold or cause tot be withheld fromt the contractor: so much oft the accrued payments ora advances as may be considered necessary to satisfy the liabilities oft the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forthi int this section ont this contract, any other Federal contract with the same prime contractor, or any otherf federally assisted contract subjectt to by the same prime contractor (as definedi in $5.2). The necessary1 funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any otherf federally assisted contract thati is subjectt tot the Contract' Work Hours and Safety Standards Act andi is held by the same prime contractor, regardless of whethert the other contract was awarded or assisted by the same agency, ands such funds may be used tos satisfy the contractor liability for whicht thet funds were withheld. b. Priority to withheld funds. The Department has priorityt to funds withheld ort to be withheldi ina accordance with Section IV 635.116. paragraph 2.a. or paragraph 3.a. oft this section, or both, over (1)A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) Ad contracting agency fori itsr reprocurement costs; (3)At trustee(s) (either a court-appointed trustee or a U.S. trustee, orb both)i in bankruptcy ofa contractor, orac contractor's  event of anyy violations oft these clauses, the prime contractor anda any subcontractor(s) responsible willl bel liable for any unpaid wages and monetary relief, includingi interestf fromt the date oft the underpayment orl loss, due to any workers ofl lower- tier subcontractors, and associated! liquidated damages and may bes subject to debarment, as appropriate. 5. Anti-retaliation. Itis unlawful for any person to discharge, persont to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, ori in any other manner discriminate against, any worker orj job applicant for: a. Notifying any contractor ofa any conduct whicht the worker reasonably believes constitutes a violation oft the Contract Work! Hours and Safety Standards Act (CWHSSA) orits implementing regulations int this part; b.F Filing any complaint, initiating or causing tob bei initiated any proceeding, orc otherwise asserting ors seeking to assert on behalf oft themselves or others any right or protection under C. Cooperating in anyi investigation or other compliance d. Informing any other person about their rights under VI.SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to allF Federal-aid construction contracts ont the National Highway System pursuant to 23CFR 1.The contractor shall perform with its own organization contract work amounting to not less than 30 percent (ora greater percentage ifs specified elsewhere int the contract) of thet total original contract price, excluding any specialty items designated by the contracting agency. Specialtyi items may! be performed by subcontract: and the amount ofa any such specialtyi items performed may be deducted from the total original contract price before computing the amounto ofv work required tot be performed by the contractor's own organization a. The term' "perform work withi its own organization" in paragraph 1 of Section' VI refers to workers employed or leased by the prime contractor, and equipment owned or rented byt thep prime contractor, with orv without operators. Suchi term does noti include employees or equipment ofa subcontractor orl lower tier subcontractor, agents oft the prime contractor, or any other assignees. Thei term may include payments fort the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included int this termi ift the prime contractor meets allo oft the following conditions: (based onk longstandingi interpretation) (1)the prime contractor maintains control over the supervision oft the day-to-day activities oft thel leased (2) the prime contractor remains responsible fort the quality oft the work oft thel leased employees;  *$31 as of. January 15, 2023 (See 88 FR 88 FR: 2210) as may demote, intimidate, threaten, restrain, coerce, blacklist, harass, be adjusted annually by the! Department ofL Labor, pursuant to orina any other manner discriminate against, ort toc cause any  CWHSSAI ort this part; part; or CWHSSA ort this part.  the Contract Work Hours and Safety Standards Actt thati is held action, ort testifying ina any proceeding under CWHSSA ort this  claims tot those funds by:  (23 CFR 635.116).  bankruptcy estate; (4)A A contractor's assignee(s); (5)A A contractor's successor(s); or U.S.C.3901-3907.  (6)A claim asserted under the Prompt Payment Act, 31 4.S Subcontracts. The contractor or subcontractor must insert in any subcontraçts the clauses setf forthi inp paragraphs 1. through 5. oft this section and a clause requiring the subcontractors toi includet these clauses ina any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lowert tier subcontractor with the clauses set forthi inp paragraphs 1.t through! 5.1 Int the  employees;  9    (3) the prime contractor retains all powert to accept or exclude individual employees from' work ont the project; and thep payment ofp predetermined minimum wages, the submission of payrolls, statements ofc compliance and all other Federalr regulatory requirements. b.' "Specialty Items" shall be construed tol be limited to work that requires highlys specialized knowledge, abilities, or equipment not ordinarily available int the type of contracting organizations qualified ande expectedt tot bid or propose ont the contract as a whole and ing general aret tob bel limited tor minor components oft the overall contract. 23 CFR6 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon is computed includes the cost ofr material and manufactured products which aret tot be purchased orp produced byt the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish ofa all construction operations (regardless of who performs the work)a and (b): such other ofi its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the 4. Nop portion oft the contract shall bes sublet, assigned or otherwise disposed ofe excepty with the written consent oft the contracting officer, ora authorized representative, and such consent when givens shall not be construed tor relieve the contractor ofa any responsibility for thet fulfillment oft the contract, Written consent willl be given onlya after the contracting agency has assured thate each subcontracti is and requirements oft the prime contract. (based onl long- standing interpretation of2 23 CFR 635.116). 5. The 30-percent sell-performance requirement of paragraph (1)isr not applicable to design-build contracts; however, requirements. 23CFR6 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and toa allr related subcontracts. 1. Int the performance oft this contract the contractor. shall comply with alla appliçable Federal, State, and local laws governing safety, health, and sanitation (23 CFRI Part 635). protective equipment and take any other needed actions asit it determines, ora as the contracting officerr may determine, to be reasonably necessaryt top protect the life and health of employees ont thej joba andt thes safety oft the public and to protect property in connection with the performance oft the work covered by the contract. 23 CFR 635.108. 2. Itis a condition oft this contract, and shall be made a condition ofe each subcontract, which the contractor entersi into years orb both." pursuant tot this contract, that the contractor and any subcontractor shall notp permit any employee, inp performance oft the contract, to work ins surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health ors safety, as determined under construction safety and  health standards (29 CFRI Part 1926) promulgated byt the Secretary ofL Labor, ina accordance with! Section1 107 oft the 3. Pursuant to 29 CFR 1926.3,itis: a condition oft this contract that the Secretary ofl Labor or authorized representative thereof, shall have right ofe entry to any site ofc contract performance toi inspect ori investigate the matter of compliance with the construction safety and health standards and to carry outt the duties oft the Secretary under Section 107 oft the Contract' Work Hours and Safety Standards Act (40 U.S.C.  (4)1 the prime contractor remains ultimately responsible for Contract' Work! Hours and Safety Standards' Act (40 U.S.C.  3704). 29CFR1 1926.10.  3704). PROJECTS  which the requirements set forthi inp paragraph (1)of Section' VI VIII. FALSE STATEMENTS CONCERNING HIGHWAY  This provision is applicablet to all Federal-aid construction contracts andt to allr related subcontracts.  (a)ac competent superintendent or supervisor who is employed Inc order to assure high quality and durable construction! in by the firm, has fulla authority to direct performance oft the work conformity with approved plans and specifications and al high ina accordance with the contract requirements, and isi inc charge degree of reliability ons statements and representations made  bye engineers, contractors, suppliers, and workers on Federal- aid highway projects, itise essential that allp persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Wiltulfalsification, distortion, or misrepresentation: with respect to any facts related tot the projecti is a violation ofF Federal law. To prevent any misunderstanding regarding the seriousness oft these and similar acts, Form FHWA-1022 shall be posted one each Federal-aid highway project (23 CFR Part 635) inc one orr more places where itisr readily availablet toa all persons concerned  performance oft the contract.  with the project:  evidenced inv writing andt that it contains allp pertinent provisions 18U.S.C. 1020 reads asf follows:  "Whoever, being an officer, agent, ore employee oft the United States, or ofa any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, orf false reporta as tot the be used, ort the quantity or quality oft the work performed ort to bep performed, ort the cost thereofi in connection withi the submission ofp plans, maps, specifications, contracts, or costs ofc construction on any highway or related projects submitted for approval tot the Secretary of Transportation; or Whoever knowingly makes anyf false statement, false representation, false report orf false claim with respectt tot the character, quality, quantity, or cost of any work performed ort to be performed, or materials furnished or tol bef furnished, in connection with the construction ofa any highway or related Whoever knowingly makes anyf false statement orf false representation: ast tor material facti in anys statement, certificate, orr reports submitted pursuant top provisions oft the Federal-aid Roads Acta approved. July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall bef fined under this title ori imprisoned notr more than 5  contracting agencies may establish their own sell-pertormance character, quality, quantity, or cost oft ther material used ort to  The contractor shall provide all safeguards, safety devices and project approved byt the Secretary of Transportation; or  10    IX. IMPLEMENTATION OF CLEAN AIR ACT ANDI FEDERAL WATER POLLUTION CONTROL: ACT (42 U.S.C.7 7606;2 This provisioni is applicable to all Federal-aid construction contracts ine excess of $150,000: and to allr related subcontracts. 48 CFR2.101;2 CFR 200.327. Bys submission oft this bid/proposal ort the execution oft this contract or subcontract, as appropriate, the bidder, proposer, vendor agrees to comply with alla applicable standards, orders orr regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q): and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported oft the Environmental Protection. Agency. 2CFR Part 200, The contractor: agrees toi include or cause tob bei included the requirements oft this Section ine every subcontract, and1 further agrees tot take such actiona as the contracting agency may direct as ar means ofe enforcing such requirements. 2CFR X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY ANDI VOLUNTARY This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any. other covered transaction requiring FHWA approval ort thati is estimated to cost $25,000 or more- - as defined in2 2 CFR Parts 180 and 1200. 2CFR1 180,220 and 1.Instructions for Certification- - First Tier Participants: a. Bys signing and submitting this proposal, thep prospective first tier participant is providing the certification: set out below. coveredt transaction. The prospective first tier participant shall set out below. The certification ore explanation will be considered inc connection with the department or agency's determination whether to enter into this transaction, However, failure oft the prospective first tier participant tof furnisha certification or ane explanation shall disqualify such a person from participation int this transaction. 2CFR 180.320. off fact upon which reliance was placed when the contracting agency determined to enter into this transaction. Ifitis later determined that the prospective participant knowingly rendered ane erroneous certification, in addition to other remedies available tot the Federal Government, the contracting agency may terminate this transaction for cause ofo default. 2CFR d. The prospective first tier participant shall provide immediate written notice tot the contracting agencyt toy whom this proposal is submitted ifa any time the prospective first tier participant learns thati its certification was erroneous when submitted or has become erroneous by reason ofo changed circumstances. 2CFR1 180.345 and 180.350.  e.1 The terms' covered transaction," debarred," "suspended," "ineligible," "participant," "person," "principal," and' voluntarily excluded," as usedi int this clause, are defined in2 CFR Parts 180, Subpartl,1 180.900-180. 1020, and 1200. "First7 Tier Covered Transactions" refers to any covered transaction between a recipient ors subrecipient of Federal funds and a participant (such ast the prime org general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (sucha as who has entered into a covered transaction with ar recipient or subrecipient of Federalf funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with al First" Tier subcontractors and suppliers). f.7 Thep prospective first tier participant agrees by submitting this proposal that, should the proposed coveredt transaction. be entered into, itshall not knowinglye enter into any lower tier covered transaction with a person whoi is debarred, suspended, declared ineligible, or voluntarily excluded from participation int this covered transaction, unless authorized by the department or agency entering into this transaction. 2 g. The prospective firstt tier participant further agrees by submitting this proposal thati ity willi include the clauset titled Certification Regarding Debarment, Suspension, Ineligibility and' Voluntary Exclusion-Lower Tier Covered Transactions," provided byt the department ord contracting agency, entering into this covered transaction, without modification, in all lower tier coveredt transactions and in alls solicitations forl lower tier covered transactions exceeding the! $25,000 threshold. 2CFR h.Ap participant ina covered transaction may rely upon a certification ofap prospective participant ina al lowert tier covered transaction thati is not debarred, suspended, ineligible, or voluntarily excludedi from the coveredt transaction, unless it knows that the certifiçation ise erroneous. 2CFR1 180.300; 180.320, and 180.325. Ap participant is responsible for ensuringt that its principais are nots suspended, debarred, or as the eligibility ofa any! lowert tier prospective participants, each Award Management website ntps/Mww.sam.sow) 2CFR i. Nothing contained int thet foregoing shall be construed to require the establishment ofas system ofr records inc orderto renderi in good faith the certification required byt this clause. The knowledge andi information of the prospective participant ap prudent personi ini the ordinary course ofb business dealings. j.Except fort transactions authorized under paragraph () of these instructions, ifap participant ina a coveredt transaction knowingly enters into al lower tier covered transaction with a person who is suspended, debarred, ineligible, orv voluntarily excluded fromp participationi in this transaction, ina addition to other remedies available tot the Federal Government, the department or agency mayt terminate this transaction for cause  CFR2 200.88; EO1 11738)  Federal-aid construction contractor, subcontractor, supplier, or subcontracts). "First Tier Participant" refers tot the participant tot the Federall Highway Administration: and the Regional Office Participant or otherl Lower Tier Participants (sucha as  Appendix II.  200.327. EXCLUSION  CFR 180.330.  180.220 and 180.300.  1200.220.  b. The inability ofa aj person to providet the certification set out otherwise ineligible top participate in covered transactions. 2 below will notr necessarily resulti in denial ofp participation int this CFR 180.335. To verify the eligibility ofi its principals, as well submit an explanation of why it cannot provide the certification participant may, buti is not required to, checkt the System for  180.300, 180.320, and 180.325.  c. The certification int this clause is a material representation is not required to exceed that which is normally possessed by  180.325.  or default. 2CFR 180.325.  11    2. Certification Regarding Debarment, Suspension, Ineligibility and' Voluntary Exclusion- - First Tier a. The prospective first tier participant certifies tot the best of itsk knowledge and belief, thati ita andi its principals: (1) Are notp presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded1 from participating in covered transactions by any Federal department ora agency, 2 CFR 180.335;. (2) Haver noty within at three-year period preceding this proposal been convicted ofc or hada a civilj judgment rendered againstt them for commission off fraud ora a criminal offense in connection with obtaining, attempting to obtain, or performing aj publict transaction; violation ofF Federal or State antitrust statutes ord commission of embezzlement, theft, forgery, bribery, falsification or destruction ofr records, making false statements, orr receiving stolen property, 2 CFR 180.800; (3) Are notp presently indicted for or otherwise criminally or civilly charged! by a govemmental entity (Federal, State or local) with commission of any oft the offenses enumerated in paragraph (a)(2) oft this certification, 2 CFR 180.700 and (4) Haver noty withina at three-year period preceding this application/proposal. had one orr more publict transactions (Federal, State or local) terminated for cause or default. 2 violation undera any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and that has been assessed, for which allj judicial and and thati is noth being paid in at timely manner pursuant to an agreement with the authority responsible for collecting the tax b. Where the prospective participanti is unablet to certify to any oft the statements int this certification, such prospective participant should attach ane explanation tot this proposal. 2 3. Instructions for Certification- Lower Tier Participants: (Applicable to alls subcontracts, purchase orders, and other lowert tier transactions requiring prior FHWA approval or estimated to cost $25,000 orr more- 2 CFR Parts 180 and 1200). 2CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective off fact upon which reliance was placed when1 this transaction was entered into. Ifitisl later determined that the prospective lowert tier participant knowingly rendered ane erroneous certification, ina addition1 to other remedies available tot the Federal Government, the department, ora agency with which  this transaction originated may! pursue available remedies, including suspension and/or debarment. c.The prospective lower tier participant shall provide immediate writtenr noticet to the persont to whicht this proposal is submitted ifata any time the prospective lowert tier participant learns thati its certification was erroneous by reason of changed circumstances. 2CFR 180.365. d. Thei terms' "covered transaction," debarred," "suspended," "ineligible," "participant," "person," "principal," and' 'voluntarily excluded," as usedi int this clause, are defined in20 CFR Parts 180, Subpart! I, 180.900- 180.1020, and 1200. Your may contact the person to which this proposalis submitted for assistance in obtaining a copy oft those regulations. "First Tier Covered Transactions" refers to any Federal funds and aj participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers toa any covered transaction undera al First" Tier Covered' Transaction (such as subcontracts). "First Tier Participant" refers tot the participant who has entered into a covered transaction: with a recipient or subrecipient ofF Federal funds (such ast the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant ord otherL Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lowert tier participant agrees by submitting this proposal that, should the proposed covered transaction be enteredi into, its shall not knowingly enteri into any lower tier covered transaction with a person whoi is debarred, suspended, declared ineligible, or voluntarily authorized byt the department ora agency with which this transaction originated. 2CFR 1200.220 and 1200.332. f.Thep prospective lower tier participant further agrees by "Certification Regarding Debarment, Suspension, Ineligibility without modification, in alll lower tier covered transactions and ina alls solicitations for lower tier covered transactions exceeding g.A Ap participant ina a covered transaction may rely upona a certification ofap prospective participanti ina al lower tier covered transaction thati is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. Ap participant is responsible for ensuring thati its principals are nots suspended, debarred, or otherwisei ineligible top participate in covered transactions. To verifyt the eligibility ofi its principals, as well as the eligibility of any! lower tier prospective participants, each participant may, buti is not required to, check the System for Award Management website atps/Mnw.samgow): whichi is compiled byt the General Services Administration. 2CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained int the foregoing shall be construed to require establishment ofas system ofr records inc order tor render knowledge andi information ofp participant is not required to int the ordinary course ofb business dealings. LExceptf fort transactions authorized underp paragraphed of these instructions, Ifap participant ina a covered transaction knowingly enters into al lower tier covered transaction witha a person whoi is suspended, debarred, ineligible, or voluntarily  Participants:  aj public (Federal, State, or local) transaction or contract under covered transaction between a recipient or subrecipient of  180.800; and CFR 180.335(d).  (5) Are nota a corporation that has been convicted ofa af felony excluded from participation int this covered transaction, unless (6) Are not a corporation with any unpaid Federali taxl liability submitting this proposal thati ity willi include this clause titled administrative remedies have been exhausted, orh have lapsed, and' Voluntary Exclusion-Lower Tier Covered Transaction," liability (USDOT Order 4200.6 implementing appropriations act the $25,000t threshold. 2CFR 180.220 and 1200.220.  requirements).  CFR 180.335 and 180.340.  lowert tier participant is providing the certification: set out below. in goodf faith the certification required by this clause. The b. The certification int this clausei is a material representation exceed that whichi is normally possessed by a prudent person  12    excludedf from participationi int this transaction, ina addition to other remedies available tot the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or 4. Certification Regarding Debarment, Suspension, Ineligibility and' Voluntary Exclusion-Lower Tier a. The prospective lower tier participant certifies, by submission oft this proposal, that neither it nori its principals: (1)is presently debarred, suspended, proposed for debarment, declaredi ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2CFR 180.355; (2)i is a corporation that has been convicted ofat felony violation under any Federal law withint the two-year period preceding this proposal (USDOT Order 4200.6i implementing appropriations actr requirements); and (3)is a corporation with any unpaid Federal tax liabilityt that has been assessed, for which allj judicial and administrative remedies have been exhausted, or have lapsed, and thati is not being paidi inat timely manner pursuant to an agreement with the authority responsible for collectingt the tax liability. (USDOT Order 4200.61 mplementing appropriations act b. Wheret the prospective lower tier participant is unablet to certify to any oft the statements int this certification, such prospective participant should attach an explanation to this  cooperative agreement, the undersigned: shall complete and submit Standard Form-LLL, Disclosure Form toF Report Lobbying," in accordance with its instructions. 2. This certifiçation isar material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission oft this certification isap prerequisite forr making ore entering into this transaction imposed by 31 U.S.C. 1352. Any person whot fails to file the required certification shall be subject to a civil penalty ofr notl less than $10,000 and notr more than $100,0001 for each such failure. 3. The prospective participant also agrees! bys submittingi its bid or proposal thatt the participant shall requiret that the language oft this certification be included ina alll lower tier subcontracts, whiche exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFRI Part381. This requirement applies tor material ore equipment thati is acquired fora a specific Federal-aid highway project. 460 CFR 381.7. Itis not applicable to goods orr materials that come into inventories independent of an FHWAf funded-contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired fora specific Federal-aid construction project, the bidder, proposer,: contractor, subcontractor, or vendor agrees: 1.1 To utilize privately owned United States-flag commercial vessels tos ship atl least 50 percento oft the grosst tonnage (computeds separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever: shipping any equipment, material, or commodities pursuant tot this contract, tot the extent such vessels are available atf fair and reasonable rates for United! States-flag commercial vessels. 46 CFR381.7. 2.Tof furnish within 20 daysf following the date ofl loading for shipments originating within the United States or within; 30 working days followingt the date ofl loading fors shipments originating outside the United States, al legible copy ofar rated, 'on-board" commercial ocean bill-of-ladingi inE English for each shipment of cargo described in paragraph (b)(1)oft this section tob both the Contracting Officer (through the prime contractor in the case of subcontractor bills- -of-lading) andt tot the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC: 20590. (MARAD requires onboard, dated, with rates and charges. Thesel bills ofl lading may contain business sensitive information and therefore may bes submitted directly to! MARAD by the Ocean Transportation Intermediary on behalf oft the contractor). 460 CFR381.7.  debarment. 2CFR 180.325.  Participants:  requirements) proposal.  XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FORI LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts whiche exceed $100,000. 49 CFR Part: 20, App. A. 1.Thep prospective participant certifies, bys signing and submitting this bid or proposal, to the besto of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on! behalf oft the undersigned, to any person for any Federal agency, al Member of Congress, an offiçer or employee of Congress, or ane employee ofal Member of Congress inc connection with the awarding ofa any Federal contract, ther making ofa any Federal grant, the making ofa any Federal loan, the entering into ofa any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or b.I Ifanyf funds other than Federal appropriated funds have beenp paid orv willl bep paidt to any personf fori influencing or attempting toi influence an officer ore employee of any Federal agency, al Member of Congress, and officer or employee of Congress, ora an employee ofaN Member of Congressi in connection with this Federal contract, grant, loan, or  influencing or attempting toi influence an officer or employee of copies oft the ocean carrier's (master) bills ofl lading, certified  cooperative agreement.  13    ATTACHMENT A- EMPLOYMENT. AND MATERIALS PREFERENCE FOR APPALACHIANI DEVELOPMENT HIGHWAY: SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development. Act of1 1965. 1.During the performance oft this contract, the contractor undertaking to do work whichi is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside int the labor area as designated by the DOL wherein the contract work is situated, ort the subregion, ort the Appalachian counties oft the State wherein the contract worki is a. To the extent that qualified persons regularly residingi in b.F Fort the reasonable needs oft the contractor to employ supervisory ors specially experienced personnel necessary to assure ane efficient execution oft the contract work. C.F Fort the obligation oft the contractor to offer employment to present orf former employees as the result ofal lawful collective bargaining contract, provided that the number ofr nonresident persons employed under this subparagraph (1c)s shall not exceed 20 percent oft thet total number ofe employees employed by the contractor ont the contract work, except as provided in 2. The contractor shall place aj job order with the State Employment Service indicating (a) the classifications oft the laborers, mechanics and other employees required to perform the contract work, (b)t the number ofe employees required in each classification, (c)t the date onv which the participant estimates such employees will ber required, and (d) any other pertinent information required by the State Employment Service to complete thej job order form. Thej job order may! be placed with the State Employment Service in writing or by telephone. Ifduring the course oft the contract work, the information. submitted by the contractor int the original job order iss substantially modified, the participant shall promptly notify 3.7 The contractor shall give full consideration toa all qualified job applicants referred tol him by the State Employment Service, The contractor isr not required to grante employment to anyj job applicants who, ini his opinion, are noto qualified to perform the classification ofv work required. 4.1 If, within one week following thep placing ofa aj job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants tot the contractor, orl less than the number requested, the State Employment: Service willf forwarda a certificate to the contractor indicating the unavailability of applicants. Such certificate: shall ber made a part oft the contractor's permanent project records. Uponr receipt oft this certificate, the contractor may employ persons who dor not normally reside int the labor area tot fillp positions covered by the certificate, notwithstanding the provisions ofs subparagraph (1c) 5. The provisions of23 CFR 633.207(e): allowi the contracting agencyt to provide a contractual preference for the use of mineral resource materials nativet tot the Appalachian 6.1 The contractor shall include the provisions of Sections 1 through 4oft this Attachment. Ai ine everys subcontract for work which is, orr reasonably may be, done as on-site work.  situated, except: the area are not available.  subparagraph (4) below.  the State Employment Service.  above. region.  14    RESOLUTION NO. 2024-3 County of Butler, Pennsylvania  Al RESOLUTION AUTHORIZING LORI ALTMAN, BUTLER COUNTY'S CHIEF CLERK,  TO ELECTRONICALLY SIGN THE ATTACHED AGREEMENT  ON BEHALF OF BUTLER COUNTY  NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY  COMMISSIONERS OF THE COUNTY OF BUTLER, AS FOLLOWS:  Lori Altman, Butler County's Chief Clerk is hereby authorized to electronically  sign the following Agreement and any Amendments on behalf of Butler County. PENNDOT REIMBURSEMENT AGREEMENT NO.: R. 22100005-1 1  MPMS NO: 56592 PROJECT NAME:  ECMS NO: L 00681  T-584 GEIBEL ROAD BRIDGE  ADOPTED by the Board of Commissioners of the County of Butler this 13th day of  March 2024, and to be effective March 13, 2024.  ATTEST: Lori E. Altman  BOARD OF COMMISSIONERS Leslie A. Osche, Chairman  Human Resources Director/Chief Clerk  Kimberly D. Geyer, Vice Chairman Kevin E. Boozel, M.S., Secretary  Date: March 13. 2024    Butler County Board of Commissioners Economic Development and Planning  124 W.1 Diamond Street, POI Box 1208, Butler, PA 16003-1208 Phone 724.284.5300 Fax724.284.5315 TDD724.284-5473  Commissioners Leslie. A. Osche, Chairman Kimberly D. Geyer, Vice Chairman Kevin E. Boozel, Secretary  ChiefofEconomic Development & Planning Mark Gordon  TO: FROM: RE:  Board of Butler County Commissioners Wendy Leslie, CDBG Coordinator Public Meeting March 13, 2024  The following item(s) are for the public meeting: 1.)! Engineering for Binsey Road,Summit Township  Request for approval of an engineering agreement between Widmer Engineering, the County, and Summit Township for the elgn/pading/mspecion services of the Binsey Road reconstruction  project.  2.)Amendment to contract with Mullin & Lonergan  Approval to amend the contract with Mullin & Lonergan, the CDBG consultants, for a period of one (1) year. The contract is schedule to expire June 23, 2024. This will extend the deadline date until June  23,2025.    February 12, 2024 Ms. Wendy Leslie CDBG Coordinator Butler County Planning Commission P.O. Box 1208 Butler, PA 16003-1208  WE  WIDMMER!  ENGINEERING  Ic.  RE: Butler County Community Development Summit' Township - Binsey Road Widmer Engineering Inc. Proposal No. 24P-006  Dear Ms. Leslie: subject project.  With regard to the referenced subject, Widmer Engineering Inc. (WEI) is pleased to submit our proposal to provide Engineering Services. This document is prepared in response to your request for a proposal for the This project involves design of roadway reconstruction for Binsey Road in Summit Township, Butler County, from SR 1014 to Carbon-Center Road as well as plans and specifications for construction of the It is our basic understanding that the proposed project construction scope includes the following (to be  improvements. This segment ofroad is 0.86 miles in length. adjusted during design phase as appropriate):  1. Widening of the road from 18-20 feet in various areas to approximately 20 feet. 2. Excavate bad sections of the road 2 feet deep and install fabric, approximately 12 inches of R-4  stone and 12 inches 2A modified. (approx. 628') 3. Install approximately 390' ofwedge curb. 4. 3catch basins - 165' of15" drainage pipe. 7. Tree Trimming, as needed  5. Install 3"ofFB2 -Hot Mix binder to widen 4450 feet of roadway. 6. Install 3' ofFB2-H Hot Mix binder to add 5' swale (approx. 390")  Scope ofDesign Work  WEI will perform the following tasks: 1. Site Survey and Field Work  The  Field survey will be performed to obtain existing conditions and topography along the roadway. data will be utilized to prepare mapping and cross sections. We will perform a Pennsylvania "One-Call" to locate utility facilities in the vicinity of the work which includes coordination with facility owners as  necessary to accurately indicate the location oftheir facilities on the plans.    Ms. Wendyl Leslie February 5,2024 Page2of3  Summit Township - Binsey Road Reconstruction Project  2. Roadway Plans Design  Roadway design will bey prepared toi indicate roadway widening and reconstruction. Planswill be prepared toi indicate all critical elevations, lines and grades to ensure proper construction oft thei improvements. Plan view and cross sections will be included in addition to project details. We will coordinate with Summit Township for review and approval oft the plans. We will conduct one office meeting to discuss the plans  once plans are produced. 3. Specifications  Detailed technical specifications will be prepared for all items oft the project. The project will be built to Ab bid package will bej prepared fort the project includingi preparation of general specifications in accordance  meet PennDOT standards. Special provisions will be added as needed.  Bid Package  with Butler County standards. 5. Project Bidding/Contract Administration  This effort includes assistance to Butler County during the bid phase. A bid tabulation will be prepared when thel bids are opened. One ()Pre-Construction! Mceting willl be conducted. Shop drawings, submittals andi invoices willl bei reviewed. Two (2)site visits willl be provided tor resolve problems andi monitory progress in the work, but full-time or periodic construction inspection is not included in this Proposal. Project correspondence will be maintained during the course of construction. Project closeout will be performed  consisting ofone (1) final site inspection/review. and approval offinal invoices.  Pricel Proposal  1 Site Survey and Field Work 2 Roadway Plans Design 3 Specifications 4 Bid Package  $2,720 $17,000 $1,560 $1,200 $3,960 $26.440  5 Project Bidding/Contract Administration  Total  Widmer Engineering Inc. will provide the above-described services for the budgeted fee of $26.440.00. This feei is based upon the above referenced work. The attached 2024 General Terms and Conditions are a part  ofthis Proposal.    Ms. Wendy Leslie February 5, 2024 Page 30 of3  Summit Township -1 Binsey Road Reconstruction Project  The estimated amount establishes a budget for engineering services based on the current scope of work. However, any services rendered beyond the scope ofv work described above will be performed on an hourly basis per our hourly rates listed in our current agreement and per the attached general terms and conditions which is part oft this agreement. You will be notified in writing if the work required will result in a level of effort beyond what The fees and terms ofthis proposal shall remain valid for three (3) months. Please sign, date and return a copy of this proposal as an authorization for us to proceed with work, if you agree with the Scope of Work and  was described above.  Price Proposal described above.  Sincerely,  WIDMER ENGINEERING INC. L4 Tony Badaka, P.E. Project Manager  ACCEPTED BY: BUTLER COUNTY  Leslie A. Osche, Chairman  Date  Kimberly D. Geyer  Date  Kevin E. Boozel AND AÇCEPTED BY: SUMMITTOWNSHIP  Date  z/i/zy  Chairman, Township Supervisors HR  Date  24P-006    CONSULTING SERVICES  2023  GENERAL? TERMS AND CONDITIONS-  DEFINITION- "Engineer" shall mean' Widmer Engineering Inc. and' "Owner" shall mean the client ACCESS - The Owner shall fumish all access to property and rights-of-way for the ESTIMATES-I Estimates for probable cost ofc construction, financing, acquisition of! land and shall be made in accordance with the standard of care of the engineer's ENGINEER has no control over construction costs, competitive bidding and: market profession. conditions, However, nor costs the of financing, acquisition of land or rights-of-way; and the ENGINEER does not guarantee the such cost estimates as compared to actual cost or contractor's bids. CONSTRUCTION PHASE The ENGINEER shall not be responsible during the construction the construction means, methods, techniques, sequences or procedures of construction contractors, phase or the for safety precautions and programs incident thereto, and he shall not be responsible for the contractor's failure PAYMENT- Partial payments shall be made monthly by the OWNER to the ENGINEER based on invoices submitted by thel ENGINEER. Ifpayment to OWNER is by a third party agency, saidj shall ber made to ENGINEER within seven (7) calendar days ofreceipt of payment to OWNER. payment The OWNER: shall also pay the ENGINEER: al late payment charge for any payments not made within seven days oft the date payment is received from any third party agency at the rate of1 1/2%1 per month. If (7) payment to ENGINEER is by OWNER without at third party agency, payments are due within thirty of receipt ofi invoice by OWNER. Invoices not paid within 30 days will accrue interest at thet rate ofl %%] days TIME OF PERFORMANCE The ENGINEER shall commence services upon receipt of written notice to proceed from the OWNER and shall provide it's services within the time period set forth in the Agreement, subject to any delays caused by the OWNER, other agencies involved in review of the work or any other parties not directly under the control of the ENGINEER, and for reasons beyond the control of MODIFICATIONS - In the event the OWNER required modifications and/or changes after services have been performed, which modifications and/or changes are through no fault of the ENGINEER; or in the event the OWNER desired additional services not covered by the Agreement, the ENGINEER shall perform such services as order by the OWNER, in writing and shall be paid for such services as be agreed between the Owner and the ENGINEER, or on the basis of direct certified payroll costs chargeable may tos such work plus payroll taxes, insurance and fringe benefit costs, plus 150% ofthe total of all such SUSPENSION OR TERMINATION - In the event the services are terminated or suspended OWNER prior to the completion of the Agreement, the ENGINEER shall be paid an equitable amount by the  named int the Agreement.  ENGINEER'S services and the construction ofthep project.  performance of the rights-of-way accuracy of  to perform the work in accordance with the contract documents.  month.  per  ENGINEER.  the  costs to cover overhead and profit.  payroll  proportional to the services rendered to the date oft termination or suspension.  Widmer Engineering Inc. Page 1of4    OWNER'S DUTIES AND RESPONSIBILITIES - The OWNER shall furnish the ENGINEER all legal services and opinions necessary ini the performance oft the services to be rendered by the ENGINEER. The OWNER shall furnish the ENGINEER all project data necessary for the ENGINEER to reasonably rely INSURANCE The ENGINEER, during performance of this Agreement, will at its own expense carry Workmen's Compensation Insurance/Employers Liability Insurance within limits required by law; Comprehensive General Liability Insurance with limits of not less than $1,000,000/1,000,000 for bodily injury and $1,000,0001,000,000 for property damage; and Comprehensive Automobile Liability Insurance with limits of not less than $1,000,000 combined single limits for bodily injury and property damage. COMPLIANCE WITH THE LAW - The ENGINEER shall take into account all applicable provisions of the unemployment compensation, sickness and disability and Social Security laws, the Fair Standard Act THIRD PARTY BENEFICIARIES - Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER'S services under this Agreement are being performed solely for the OWNER'S benefit, and no other entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance ofs services hereunder. The OWNER agrees to include a provision in all contracts with contractors and other entitles involved in this project to carry out thei intent of MEDIATION.- In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion oft the Project, the OWNER and the ENGINEER agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding The OWNER and the ENGINEER further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the Project and to require all independent çontractors and consultants also to include a similar mediation provision in all agreements with their subcontractors, sub consultants, suppliers and fabricators, thereby providing for mediation as the primary LIMITATION OF LIABILITY - To the maximum extent permitted by law, the OWNER agrees to limit the ENGINEER'S liability for the OWNER'S damages to the sum of $26.440,00 or the ENGINEER'S fee, whichever is greater. This shall apply regardless of the cause ofaction or legal theory pled or asserted. CONSEQUENTIAL DAMAGES = Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors or sub consultants shall be liable to the other or shall make a claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but not limited to, loss of use, loss of profit, loss of business, loss ofi income, loss of reputation and any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall  upon the accuracy and completeness ofthei information.  and all other Federal, State and Local laws or regulations relating to employment.  this paragraph.  mediation.  method for dispute resolution among the parties to all those agreements.  Widmer Engineering Inc. Page2of4    require similar waivers of consequential damages protecting all the entities or persons named herein in Governing Law. This Agreement shall be governed by and interpreted and enforced accordance with the substantive laws of the Commonwealth of Pennsylvania (including, without in limitation, provisions concerning limitations ofactions), without reference to the conflicts of laws rules of that or any other jurisdiction, except that federal law shall also apply to the extent relevant. The parties hereto consent to the jurisdiction oft the Court of Common Pleas of Beaver County, Pennsylvania tol hear any and all disputes arising out oft this Agreement or the rights and liabilities created thereby. HAZARDOUS MATERIALS = SUSPENSION OF SERVICES - Both parties acknowledge that the ENGINEER'S scope of services does not include any services related to the presence of any hazardous or toxic materials. In the event the ENGINEER or any other person or entity involved with the encounters any hazardous or toxic materials, or should it become known to the ENGINEER that project such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of the ENGINEER'S services, the ENGINEER may, at its sole option and without liability for consequential or any other damages, suspend performance ofi its services under this Agreement until such time OWNER retains appropriate qualified consultants and/or contractors to identify and abate or remove hazardous or toxic materials and warrants that thej jobsite isi in full compliance with applicable laws and regulations.  contracts and subcontracts with others involved in this project.  all  ENGINEERING SERVICES  (1) Field surveys necessary for design shall be performed as authorized by the client, and fees shall be at the rate of $155.00 per hour for a three-man survey party, including vehicles and survey equipment. Services required in connection with such surveys will be at the hourly rate shown (2) For the preparation of Contract Plans and Specifications, as directed by the OWNER, agreement shall be reached as to the basis of payment before proceeding with the services. Ifthe services can be adequately defined, a lump sum agreement should be prepared; ori if not, the classifications and (3) For General Observation of the Construction Phase, a lump sum agreement or classifications and (4) For furnishing Resident Inspection Services during construction, upon written authorization of the  under (5) below.  rates in (5) below will apply.  rates as described in (5) below will apply. client, the rate in (5) below will apply.  Widmer Engineering Inc. Page3of4    (5) For other than lump sum agreements, the following hourly rates will apply:  Project Manager Sr. Project Engineer. Project Engineer Senior Designer Designer... Technician I.. Field/Office Technician. Inspector. Project Coordinator. CADD Technician. Word Processing Operator/Secretary, Sr. Project Engineer Court Preparation & Testifying. Professional Land Surveyor 3-Man Survey Crew...  2-Man Survey Crew..  .$150.00 $105.00 .$90.00 $95.00 $85.00 $80.00 $70.00 $66.00 $77.00 $70.00 $45.00 $175.00 .$175.00 $210.00 $158.00  Alll hourly rates are portal to portal.  (6) REIMBURSABLE COSTS-Toin include direct reimbursement for subcontracted services plus 10%. PROPERTY AND RIGHT-OF-WAY SURVEYS - Property and right-of-way surveys shall be performed MISCELLANEOUS ENGINEERING - For providing miscellaneous engineering services, classifications, SPECIALI REPORTS AND STUDIES - For the preparation ofs special reports and studies as directed by the OWNERSHIP OF DATA AND PLANS = The ENGINEER shall have ownership rights to all material, data and plans generated by the project, including original CAD files and original signed/sealed drawings. The engineer shall provide copies of thei information to the owner if requested, at no additional charge other than the time required to compile the requested information, including electronic pdf copies. Original information and mylars shall remain the property of Widmer Engineering Inc., including original CAD  as authorized by the OWNER, and fees shall be at the rates as described in (1)above. and rates as described in (5) above will apply (excluding lump sum).  OWNER, an agreement or classification and rates as described in (5)a above will apply.  Files.  Widmer Engineering Inc. Page 4 of4    ADDENDUM "C" CONTRACT! FORI PROFFESSIONAL SERVICES BY ANDI BETWEEN THE COUNTY OF BUTLER, PA AND MULLIN & LONERGAN. ASSOCIATES, INC.  This addendum entered into as oft this. 13thday of! March: 2024, by and between the COUNTYOFBUTLER, Commonwealth of Pennsylvania hereinafter referred to as the Public Body, and MULLIN & LONERGAN  ASSOCIATES, INC' hereinafter referred to as the Consultant.  WTNESSETHTHAT:  WHEREAS, the Public Body and the Consultant have entered Into a contract dated. June 24, 2020, and amended on August 19, 2020 and on May 9, 2023 for the consultant to provide various services to the County and five On Behalf Of (OBO) communities of Penn Township, Jefferson Township, Slippery Rock Township, Summit Township and. Jackson Township for whom the County administers the PAI DCED Small  Communities Program; and  WHEREAS, the Public Body desires the Consultant to extend thes said contract until June 23, 2025,  toa allowt fort the provisions ofa additional PAI DCED: Small Communites consulting services. NOW,THEREFORE, the parties to this contract dor mutually agree as follows 1. This amendment willl have as start date retroactive to! March 1, 2024. 2. The Scope of Services willl be increased to allow for the continued provision of CDBG services to Jackson Township including the preparation of al PAI DCED Small Cities CDBG application, Environmental Review Record andi related technical services. 3. The continued provision of ERR and technical assistance services to the County and the four OBO communities of Penn Township, Slippery Rock Township, Jefferson Township, 4. The compensation, as outlinedi in Sections land IV oft the contract, is hereby amended to include the services and amounts as shown on Attachment "A" oft this addendum.  and Summit Township.  5. Hourly rates will remain the same as in the original contract.  All other terms of the contract will remain the same.  The parties tot this agreement! intend tol bel legally bound as of the date previously mentioned above.  BUTLER COUNTY BOARD OF COMMISSIONERS Leslie A. Osche, Chairman Kimberly D. Geyer Kevin E. Boozel MULLIN&L LONERGAN ASSOCIATES,Inc. Wallm p.anul William P. Wasielewski, President  By: By: By:.  By:    Attachment. A  The Public Body will pay the Consultant compensation from the Community Development Block Grant  Program in accordance with the items on the following charts  Environmental "Not to Exceed" Technical  Review Record (Lump Sum Fee Annually) $4,000 $2,500 $2,500 $2,500 $2,500 $11,500  Services (As requested by County based on hourly rate schedulc per year) $5,000 N/A N/A N/A N/A $5,000  County Penn Township Jefferson Township SummitT Township Slippery Rock Township TOTAL  Preparation of Small Environmental "Not to Exceed" Technical  Communities Application (Lump sum Fee Annually) $3,500 $3,500  Review Record (Lump Sum Fee Annually) $2,500 $2,500  Services (As requested by County based on hourly rate schedule peryear) $5,000 $5,000  Jackson Towship TOTAL  The services of the Consultant rendered in consideration with activities to be carried out shall commence retroactive to March 1, 2024 and continue through June 23, 2025. Services shall be çompleted as follows:  The PAI DCED Small Communities application willl be completed within the required submission deadline each year as specified by thel PA- The ERR willl be completed within 120 days of submission of thel PA DCED Small Communities application deadline. Technical assistance will be on going during the period of the contract.  DCED.  M&L will bill the lump sum application fee, annually, work upon completion and submission of the Small Communities application to PAI DCED. The ERRI will be billedr monthly based on perçentage completed that month and the technical services will be billed monthly based on actual work completed. All othert terms and  conditions remain the same.    Presented at March 13, 2024 Public Meeting  SETTLED ASSESSMENT APPEAL  APPELLANT  CASE NUMBER 2023-40350  ORIGINAL FAIR MARKET VALUE  NEW FAIR MARKET VALUE $1,150,000.00 for 2024 $12,658,228.00 (for 2022 only) Note: This is for 1 parcel. The other 4 were sold to various third parties.  20315 Route 19 Partners LLC  $1,606,308.00  $19,791,139.00 (for 2022 only) Note: This is for 5 parcels.  Clearview Mall Capital Holding, LLC 2021-40325    RESOLUTION NO. 2024-2  A RESOLUTION OF THE BUTLER COUNTY BOARD OF COMMISSIONERS ESTABLISHING THE COMPOSED SECOND DISBURSEMENT OF FUNDS ALLOCATED TO THE COUNTY OF BUTLER PURSUANT TO THE COMMONWEALTH OF PENNSYLVANIA OPIOID SETTLEMENT AGREEMENT AND DISTRIBUTION FROM THE PENNSYLVANIA OPIOID ISSUES AND ADDICTION ABATEMENT TRUST  WHEREAS, the United States is facing an ongoing public health crisis of opioid WHEREAS, the Commonwealth of Pennsylvania and the County of Butler spend millions of dollars each year to address the direct consequences of this opioid crisis; and WHEREAS, since at least 2017, the Commonwealth of Pennsylvania and the County of Butler have been pursuing investigations and litigation against certain manufacturers, distributors, and retailers of opioid pharmaceuticals in an effort to hold the collective opioid defendants financially responsible for the impact of the opioid epidemic on the County of Butler and to provide the necessary resources to combat an opioid  abuse, addiction, overdose, and death; and  epidemic; and  WHEREAS, various opioid defendants chose to settle the claims brought against them by the Commonwealth of Pennsylvania and the County of Butler and the counties of this Commonwealth, including the County of Butler and, as a result, the settlement funds were placed into a trust fund known as the Pennsylvania Opioid Issues and  Addiction Abatement Trust; and  WHEREAS, the County of Butler is entitled to annual disbursement from the WHEREAS, the County of Butler has received its second installment payment from the Pennsylvania Opioid Issues and Addiction Abatement Trust in the amount of Six Hundred Thirty-Six Thousand Two Hundred Forty-Three and 38/100 Dollars  Pennsylvania Opioid Issues and Addiction Abatement Trust; and  ($636,243.38); and  WHEREAS, the County of Butler is limited in how funds disbursed from the Pennsylvania Opioid Issues and Addiction Abatement Trust may be allocated and/or  spent; and  WHEREAS, Exhibit E of the Interstate Opioids Trust Order specifically sets forth approved uses for the Pennsylvania Opioid Issues and Addiction Abatement Trust funds and a copy of the said Exhibit is attached hereto and made a part of this Resolution as is  more fully set forth herein; and  WHEREAS, the funds, once received, must be expended, spent and/or utilized  within eighteen (18) months of receipt; and    WHEREAS, the County of Butler now wishes to allocate a portion of the funds which it has received (in 2023) from the Pennsylvania Opioid Issues and Addiction  Abatement Trust.  NOW, THEREFORE, BEITR RESOLVED that the County of Butler hereby approves and authorizes that thet funds received from the Pennsylvania Opioid Issues and. Addiction  Abatement Trust in calendar year 2023 sha!l be allocated as follows:  1. The sum of One Hundred Thousand and 00/100 Dollars ($100,000.00) shall be used for addressing the needs of criminal justice involved persons and shall be utilized for addressing the needs of persons currently incarcerated or otherwise involved with the criminal justice system. These allocated funds shall include the mandated provisions of MAT within the Butler County Prison, probation journaling or those with SUD and cross- system collaboration with law enforcement, civil services supports for juveniles and their  SUD involved families.  2. health diagnoses. 3.  The sum of Seventy Thousand and 00/100 Dollars ($70,000.00) shall be  utilized for housing programs that address safety, recovery and co-occurring mental  The sum of Two Hundred Thousand and 00/100 Dollars ($200,000.00) shall  be assigned and utilized for current newly proposed collaborative community prevention and/or recovery programs which are driven by the recovery community and which have a focus on building individual and community integration, resilience, safety, strength and successful workforce engagement. These funds may also be utilized (in part) toward the planning, education, design and/or operation of a community-Dased recovery center  within the County of Butler.  4.  The sum of Two Hundred Sixty-Six Thousand Two Hundred Forty-Three  and 38/100 Dollars ($266,243.38) shall be utilized for any of the above three assigned categories as determined by requests. Specifically noting that projected programming costs are to be reviewed with the Butler County Board of Commissioners and the various entities, agencies and individuals who work within the criminal justice, education, probation, law enforcement, human services and other community-Dased recovery  programs.  Itbeing noted that the Butler County Board of Commissioners is only allocating the above-referenced sums which were received for 2023. The future disbursement of funds from the Pennsylvania Opioid Issues and Addiction Abatement Trust shall be governed by a subsequent Resolution and the terms set forth herein shall not carry over for future  disbursement years.    ADOPTED by the Board of Commissioners of the County of Butler,  Commonwealth of Pennsylvania, this effective immediately upon signature.  day of  2024 to be  ATTEST: Lori E. Altman  BOARD OF COMMISSIONERS Leslie A. Osche, Chairman  Human Resources Director/Chief Clerk  Kimberly D. Geyer, Vice Chairman Kevin E. Boozel, M.S., Secretary    ATTACHMENT  Exhibit E of the Interstate Opioids Trust Order    SPECIALIZED Saist ESDSIEN Ricns THE BEST WORK WITHUS  CHS SOLUTIONS  Interim/nterim.to-Hire Staffing Placement Agreement County of Butler Elections Department  Under this agreement, both parties, County of Butler (Client) and Specialized Staffing & Industry Recruiters/CHS  Solutions (Agency): agree to thet following: Rates & Included Services:  Agency remains the employer of record.  Thel hourly billing rate for an elections project clerk is $22.12 Workers' Compensation, ànd Unemployment Compensation. The overtime pay is time and one half for any hours billed over 40/week.  Hourly billing rate includes the employee's hourly pay and all necessary payroll taxes, Social Security, Interim employees of Agency complete a personal interview, previous references are contacted, and 1-9  verification is completed. Employee Conversions:  Regarding interim tol hire employees, noi fee is charged to Client for hiring any employee who works 480 hours through Agency with no break in service of more than 30 business days. If Client wishes to hire a Agency  employee who has not yet completed 4801 hours, a buyout fee willl be calculated.  Invoice Terms:  These amounts will be calculated before sales tax. Iti is understood and agreed that Agency invoices are due upon receipt and will be paid as such by Client. A1.5% service charge willl be applied to all balances more than 30 days for any placement type. Reasonable collection and/or attorney fees will be charged in the event of default.. A $250 Administrative Fee will be applied to any direct hire upon the completion of 480 hours ifa any outstanding balance is in excess of 30 days. Approval indicates agreement off fees and terms int the event a candidate submitted by Agency is hired in any capacity for a period of 12 months from date of submission. Pricing is subject to change commensurate with mandates related to worker's compensation, unemployment and/or  health care.  Payment Processing. Acknowledgement:  If the Client is ever contacted and notified to change the methodology currently employed to payi invoices to Agency, the Client will not proceed to make any payments until they specifically contact our Accounting Manager by telephone (724.287.8380: x224) to verify that Agency is requesting the Client to change the way theyi initially agreed and were specifically instructed by us directly, on how they are required to payi invoices to Agency. Ift the Client does not telephone. Agency and speak directly to the Accounting personnel to verify the validity of where and how monies are to be paid to satisfy debts owed, Agency will not be liable for phishing, scamming and any  and alli illegal andi fraudulent attempts to obtain unauthorized payments.    Job Descriptions:  In order to supply the best fit, as well as the most qualified candidate based on your needs, Agency requires a specific and accurate job description detailing the exact duties our employee will be performing at your business. Ifat any time your staffing needs materially change in relation to thej job wel have agreed to allow our employee to perform at your business, you understand and agree to notify us immediately so we can accept or deny the changes to thej job order. At this time a new. job order and description must be presented to Agency. The client agrees to notify their employees, supervisors, managers, etc. of the above Agency policy & communicate to their employees that they are bound by and have agreed to strictly follow the Agency guidelines as set forth.. Agency does not authorize their employees to: Drive or be driven in any vehicle, personal or Client owned, for any reason, lifting more than 25 pounds (objects appearing to weigh more than 25 Ibs. should be team-lifted). This list is not comprehensive; please call and specifiçally verify with Agency before requesting or  allowing job activities materially outside of the original job description to be performed.  Non-Discrimination:  Agency will consider candidates based on their work-related qualifications and does not discriminate based on age, race, color, religion, sex, sexual orientation, national origin, veteran status, disability, marital status, or any  other legally protected status. Continuation of Agreement:  This agreement will automatically renew annually unless changes are made and agreed upon by the parties.  Client Representative/tite Agency Representative  Date Date