BUTLER COUNTY BOARD OF COMMISSIONERS Public Meeting Wednesday, October 23, 2024 10:00 AM AGENDA CALL MEETING TO ORDER II. MOMENT OF SILENT PRAYER/PLEDGE OF ALLEGIANCE III. PUBLIC COMMENT ON AGENDA ITEMS IV. APPROVAL OF MINUTES October 9, 2024, Public Meeting V. PROCLAMATIONS AND PRESENTATIONS VI. FINANCE REPORT A. August 31, 2024 VII. OLD BUSINESS VIII. BOARD OF ELECTIONS IX. NEW BUSINESS A. Court Administration 1. Approval of the Continuing Adult Probation and Parole Funding (Grant #45610) for FY2 2024/25, in the amount of $133,295, which will be used to offset the salaries of the probation officers. (NOTE: PCCD now requires grant applications to be electronically signed in E-Grants.) B. Emergency Services 1. Ratification of approval to have all radio equipment returned to the Evans City Borough (no funds are involved). This has been approved by the Communications Council. C. Human Services - Children & Youth (See Attachment Book for details) 1. Approval of the following Butler County Children and Youth/Juvenile Probation contract amendment for the period 7/1/24-6 6/30/25: a. MHY Family Services - Amendment #1 - MST Blended (Standard-PSB)- $78.84/15 min. 2. Approval of the following Butler County Children and Youth/Juvenile Probation contract for the period 7/1/24 - 6/30/25: a. William R. Shields, Esq., Attorney Services $95/hr. D. Information Technology 1. Approval of a month-to-month Commercial Services Agreement with. Armstrong Utilities, Inc. for internet service at 227 W. Cunningham Street, Butler, PA, in the amount of $69.95/month, with authorization for the Chairman to sign. E. Planning 1. Approval to enter into a Services Agreement with Catalyst Connection's Digital Bridge Initiative. Catalyst is operating this initiative as part of the Federal Programs - Build Back Better. The agreement is designed to assist Butler County manufacturers with evaluation and implementation of Industry 4.0 technologies in products, processes, logistics and human resources. Eligible initiatives include: Robotics and Automation, Additive Manufacturing, Digitization and Cybersecurity. The agreement will allocate $150,000 to be utilized as assistance grants for Butler County Based Manufacturers. F. Commissioners 1. Approval of updated Right-to-Know Law Policy to prioritize transparency while safeguarding network security and to conform to the PA Office of Open Records 2. Approval of an Agreement between the County of Butler and the Redevelopment Authority of the County of Butler to administer the 2024 PHARE Grant for the Butler Acquisition and Rehabilitation Program in the amount of $250,000. The funds were applied for in November 2023 and notice of the award was received in August 2024. 3. Approval of a funding request in the amount of $5,500 for a feasibility study for the Adams Township Training Aquatics Community Center (ATTACC), a 501(c)(3) non- profit organization based in Southwestern Butler County, to be paid upon completion 4. Approval of a Services Agreement between Butler County and the Victim Outreach Intervention Center to provide legal representation for domestic violence victims in Butler County. The contract is for $25,000 for the period 10/1/24 - 12/31/24. 5. Approval of Consent Order of Court for settlement of cases AD 2024-10811 (NBC News V. Butler County), AD 2024-10812 (Scripps News V. Butler County) and AD 2024-10813 (The Intercept V. Butler County), concerning Right-to-Know requests for recordings of 911 calls made during the shooting at the July 13th Trump rally. 6. Approval to accept the Highmark Renewal for osplalzatonpresenpion coverage for County employees at the rate of 12.45% of premium levels for the 2025 calendar 7. Approval to reappoint Chris Rearick to the Butler Transit Authority Board for the five- 8. Approval to reappoint Chad Weaver to the Butler County Airport Authority for the 9. Approval to modify the 2025 Highmark Health Insurance Contribution Rates for non- RTK Request Form Modification and Policy Updates. and acceptance of the feasibility study by the BOC. year. year term, 2025 -2 2029. five-year term, 2025-2 2029. union County employees as follows: a. Community Blue Flex- 7% b. PPO-1 13% 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, November 13, 2024, at 10:00 a.m. Public Meeting Room, 1st Floor Government Center Public Meeting Calendar is available online at https:/www.butierountypa.gov NOTE: Agenda is subject to change due to unforeseen circumstances. BUTLER COUNTY BOARD OF COMMISSIONERS Public Meeting Wednesday, October 9, 2024 10:00 a.m. MINUTES PRESENT: Chairman Leslie Osche Commissioner Kimberly Geyer Commissioner Kevin Boozel Lori Altman, Chief Clerk/Human Resources Ann Brown, Budget & HS Finance Director Maria Malloy, Deputy Clerk Lori Shah, Admin. Assistant Pam Hammonds, Admin. Assistant Matthew Vickless, Commissioners' Office Shawn Pugh, Commissioners' Office Laura Ankrom, Controller's Office Sara Edwards, Reg. ofWills/Orph. Court Mark Gordon, Planning Candace Graff, Court Administration Wendy Leslie, Planning - CDBG Lisa Lotz, Clerk of Courts Janet Mentel, Property and Revenue Leslie Powers, Controller's Office Brandon Savochka, Human Services Lance Welliver, Parks & Recreation CALL MEETING TO ORDER Room, 1st Floor Government Center. VISITORS: Catherine Lalonde, Lancaster Twp. Carol McCarthy, Jefferson Twp. Edie Rath, Penn Twp. MEDIA: Steve Ferris, Butler Eagle Tyler Friel, Butler Radio The regular public meeting of the Butler County Board of Commissioners was called to order by Chairman Leslie Osche at 10:00 a.m. on Wednesday, October 9, 2024, in the Public Meeting MOMENT OF SILENT PRAYERIPLEDGE OF ALLEGIANCE An moment of silent prayer was observed, followed by the Pledge of Allegiance. PUBLIC COMMENT ON AGENDA ITEMS No public comment was made. APPROVAL OF MINUTES Chairman Osche called for a motion to approve the September 25, 2024 Public Meeting minutes. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried unanimously. 1 PROCLAMATIONS AND PRESENTATIONS Previously presented: FINANCE REPORT None OLD BUSINESS A. Parks and Recreation Renaming of Camp Bucoco Lodge to the Chad McCutcheon Lodge, 10/5/24 1. Chief Clerk Lori Altman requested approval of the Change Order Form with All State Technology, Inc. for the pool replastering project in the amount of $51,750. This project includes the following, with authorization for the Chairman to sign: * 100 liner feet minor cracks @ $150/each = $15,000 73.5 square feet major cracks @ $500/each = $36,750 Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried unanimously. BOARD OF ELECTIONS A. On behalf of Chantell McCurdy, Chief Clerk Lori Altman requested ratification for the Butler County Board of Elections to proceed with a joinder of the Brief filed on 9/24/24, by the Republican National Committee and the Republican Party of Pennsylvania in the matter of Faith A. Genser and Frank P. Matis V. the Butler County Board of Elections in accordance with the Pennsylvania Supreme Court's Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried B. On behalf of Chantell McCurdy, Chief Clerk Lori Altman requested approval of Attachment 1 (Short- Term Rental Agreement) with the Commonwealth of Pennsylvania, acting through the Department of Military and Veterans Affairs' State Armory Board, with authorization for the Chairman to sign for the Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried Thursday, 9/26/24, at 12:00 p.m. deadline for such filing. with Commissioner Boozel voting no. 11/5/24 election only, with no fee involved. unanimously. NEW BUSINESS A. Clerk of Courts 1. Lisa Lotz requested approval of a Professional Services Contract with Matthew Marshall, in the amount of $500/month, retroactive to 10/1/24, for usual solicitor services. Litigation and investigatory services would require a request to the Board of Commissioners for such services to be performed at the then existing outside counsel rate in advance of such Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried services being performed. unanimously. B. Court Administration any 1. Candace Graff requested approval of a Cleaning Agreement (twice weekly/Tuesdays and for the Office of District Court 50-3-06 in Evans City in the amount of $470/month for a Fridays) term. two-year 2 Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried unanimously. C. Register of Wills/Clerk of Orphans' Court 1. Sarah Edwards requested approval of a Professional Services Contract with Elizabeth A. Gribik, Esquire, in the amount of $500/month, retroactive to 10/1/24, for usual solicitor services. Litigation and investigatory services would require a request to the Board of Commissioners for such services to be performed at the then existing outside counsel rate in Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried advance ofany such services being performed. unanimously. 6/30/25: D. Human Services (See Attachment Book for details) 1. Brandon Savochka requested approval of the following amendments for the period 7/1/24- a. CCR #1 - amended to adjust the Emergency Services Walk-In rate to $16. Amended to add Public Defender BSU (9/1/24-6 6/30/25) totaling $16,875. Amended Certified Peer Specialist Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried b. The Care Center #1 = amended to add $18,912 to Forensic Housing Liaison for a new total of Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried rate to $19.08. unanimously. $95,982. unanimously. C.N Milestone Centers, Inc. #1 - amended to add PCCRC for a total of $370,490. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 2. Brandon Savochka requested approval of the amendment for the period 7/1/23-6 6/30/24 with ANR#4-a amended to add MATP Driver Retention and Hiring Bonus for $92,604. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried unanimously. unanimously. E. Parks and Recreation 1. Lance Welliver requested approval of an Invoice with RecDesk, LLC in the amount of $4,600 toe extend the Agreement for the period 11/1/24- = 10/31/25, for the recreation software program which will continue to allow the department to offer online registrations and reservations for the following, with authorization for the Chairman to sign: Athletic Leagues Programs/Events Memberships Invoicing/Billing E-mail Marketing Facility Reservations 3 Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried unanimously. F. Planning 1. Mark Gordon requested approval to terminate, with cause, the Professional Services Agreement dated 1/31/24 by and between the County of Butler and F. Mark Malick, an Independent Consultant. Cause is defined as failure to provide "a comprehensive Final Report" that contained Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 2. Mark Gordon requested approval of the Unified Planning Work Program (UPWP) from Southwestern Pennsylvania, covering the period 7/1/24-6/30/25; the only change from prior agreements is that this is a one-year duration. This agreement provides reimbursement to Butler County in the amount of $17,252 with al local match in-kind of $4,313. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 3. Mark Gordon requested approval of an Agreement with AECOM Services of PA, Inc., to develop and issue a Request for Proposal to assist Butler County ini identifying potential broadband service providers and securing BEAD (Broadband Equity, Access and Deployment) funding, contingent upon Solicitor approval. Compensation for this agreement is set at a lump sum of $24,937. The timeline for this project is estimated at four to five the minimum requirement detailed in the Agreement. unanimously. unanimously. weeks. unanimously. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 4. Mark Gordon requested approval of a two-year Master Design Engineering Services Agreement with AECOM Services of PA, Inc., to provide the structure and details to the aforementioned agreement, with authorization for the Chairman to sign. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 1. Wendy Leslie requested approval to submit to the PA Department of Community and Economic Development the 2024 Community Development Block Grant Application through the Electronic Single Application for Assistance (ESA) for $932,604, which includes the five (5) entitlements of Jackson, Jefferson, Penn, Slippery Rock, and Summit Townships. This will include authorization Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 2. Wendy Leslie requested approval of Resolution No. 2024-14, for the filing of the application for 2024 CDBG funds for the County and five entitlements of Jackson, Jefferson, Penn, Slippery unanimously. G.F Planning- CDBG for the Chairman to sign the required paperwork for submission. unanimously. and Summit Townships. Rock, 4 Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 3. Wendy Leslie requested approval of Resolution No. 2024-13, for Fair Housing in Butler County and on behalf of five (5) CDBG entitlements. This keeps the whole County in compliance for federal Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 4. Wendy Leslie requested approval to enter into Cooperation Agreements between the County of Butler and the five CDBG entitlements of Jackson, Jefferson, Penn, Slippery Rock and Summit Townships to administer their 2024 CDBG program. This is a requirement of the Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 5. Wendy Leslie requested approval to enter into a Cooperation Agreement between the County of Butler, the Redevelopment Authority of the County of Butler and Jefferson Township to administer their housing rehab program using Jefferson Township's 2023 CDBG Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 6. Wendy Leslie requested approval to enter into a Cooperation Agreement between the County of Butler, the Redevelopment Authority of the County of Butler and Jackson Township to administer their housing rehab program using Jackson Township's 2023CDBG Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 7. Wendy Leslie requested approval of a change order for the Slippery Rock Township McCandless Road project for $26,580.05. This is for an additional 133 CY of subbase materials and excavation along with 133 LF of storm sewer piping to correct the issues at the end of the project site. The area is very wet and will not provide an ample base for road widening. We need toi increase the subbase from 12" to 18". All was done by the contract Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried unanimously. grants. unanimously. 2024 CDBG application, effective 10/9/24. unanimously. allocation of $86,163, dates 10/9/24- 12/1/26. unanimously. allocation of $57,460, dates 10/9/24-1 12/1/26. unanimously. unit pricing in the bid. unanimously. H. Procurement 1. Shawn Pugh requested approval of a contract to consolidate the District Attorney and Public Defender's Westlaw Contracts into one through Thomson Reuters in the amount of $4,102.88/monthly, with a 3% year-over-year increase. The cost for the remainder of 2024 will be $1,537.74/month through March 2025, which will save the County $3,394.241 for November and December (October will be pro-rated), with authorization for the Chairman to sign. 5 Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 1. Janet Mentel requested approval of an Agreement with Government Software Services, Inc., for fiscal years 2024 through 2026, for the printing of HomesteadFarmstead mailers in the Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 2. Janet Mentel requested approval of an Agreement with Government Software Services, Inc., for fiscal years 2025 through 2027, for the printing of Return and Claim notices ini the amount of$0.64/mailer, plus the cost of mailing, with authorization for the Chairman to sign. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried 3. Janet Mentel requested approval to sell the following four properties from the Repository list, a. Parcel # 120-S3-A100-0000, Connoquenessing Township, currently in the name of Harry A. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried b. Parcel # 120-S3-A370-0000, Connoquenessing Township, currently in the name of Richard A. Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried Parcel # 120-54-A623-0000, Connoquenessing Township, currently in the name of George and Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried d. Parcel # 470-51-B47-0000, Petrolia Borough, currently in the name of Kim D. Scott to Ralph Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried 1. Ann Brown requested approval of Resolution No. 2024-15, approving participation in the intergovemmental project entitled the Southwestern Butler County EMS Alliance Alternatives Funding Analysis Between Eight Municipalities, Two EMS Providers unanimously. Property & Revenue amount of $0.35/mailer, with authorization for the Chairman to sign. unanimously. unanimously. with authorization for the Chairman to sign: and Joan E. Slem to Alignment Investments LLC for a bid of $610.00. unanimously. and Rose M. Seeman to Christopher Richards for a bid of $1,000.00. unanimously. Lastene Yarrington to Theresa Albinger for al bid of $603.00. unanimously. and Marlyin Claypoole for a bid of $600.00. unanimously. J. Commissioners and the County of Butler, no to exceed $38,000. Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried unanimously. 6 2. Mark Gordon/Ann Brown requested approval of the following amendments to award additional funds in the amount of $1,085,000 for the American Rescue Plan Act Municipal Infrastructure Program: Butler Township -$100,000 Cranberry Township $250,000 Donegal Township $25,000 Evans City Borough $60,000 Harmony Borough $25,000 Jackson Township - $50,000 Petroleum Valley Regional Water Authorily-$100,000 Saxonburg Area Authority $250,000 Western Butler County Authority $150,000 Zelienople Borough- : $75,000 Commissioner Boozel made the motion; seconded by Commissioner Geyer. The motion carried unanimously. APPROVAL OF BUDGETARY TRANSFERS, RATIFICATION OF PERSONNEL TRANSACTIONS, Commissioner Geyer made the motion; seconded by Commissioner Boozel. The motion carried TRAVEL REQUESTS, REQUISITIONS AND CHECK REGISTER unanimously. CONFERENCE TIME WITH MEDIA PUBLIC COMMENT ON GENERAL ITEM None ADJOURNMENT adjourned at 11:02 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 Respectiuly submitted, Pam Hammonds Administrative Assistant Approved: BUTLER COUNTY COMMISSIONERS MEETING SCHEDULE: NEXT PUBLIC MEETING: LOCATION: Wednesday, October 23, 2024, at 10:00 a.m. Public Meeting Room, 1st Floor Government Center Public Meeting Calendar is available online at! tips/www.butlercountypa.gov. NOTE: Agenda is subject to change due to unforeseen circumstances. 7 County of Butler Financial Report of the Boardo of Commissioners Through August 31, 2024 with comparison to August 31, 2023 General Fund Revenues and Expenditures August 31, 2024 Actual August 31, 2023 Original Budget $ 6,148,716 $ Original Budget Original Budget $ 4,070,946 $ Original Budget Fund Balance Carryover Fund Balance Carryover Variance % 6,148,716 Actual Variance % 4,070,946 0% Revenues Property" Tax Collections Intergovernmental. Revenues Charges for Services Total Revenues Actual Uncollected % Actual Uncollected % 53,400,733 $ 52,350,882 $ 1,049,851 98% $ 2,260,428 $ 1,750,419 $ 510,009 77% $ 11,438,416 $ 7,011,444 $ 4,426,972 61% 72,537,574 $ 64,837,540 $ 7,700,034 89% 52,939,575 $ 51,855,718 1,083,857 98% $ 2,184,054 $ 2,048,427 12,226,084 $ 7,053,768 $ 5,172,316 58% 3,418,003 $ 3,045,901 $ 372,102 89% 70,767,716 $ 64,003,814 $ 6,763,902 90% 135,627 94% Miscellaneous Revenue & Transfers $ 5,437,997 $ 3,724,795 $ 1,713,202 68% Original Budget Original Budget Expenditures Salaries & Social Security Retirement Benefits Contracted! Services Materials & Supplies Training & Travel Insurance & Other Expenses Bonds & Association Dues External Contributions Other Miscellaneous Costs Contingency Total Expenditures Actual Unexpended % Actual Unexpended % 31,958,181 $ 20,977,972 $10,980,209 66% 5,615,536 $ 6,965,378 $ (1,349,842) 124% $ 6,606,802 $ 4,192,242 $ 2,414,560 63% $ 5,115,478 $ 3,552,573 $ 1,562,905 69% 2,730,837 $ 1,631,589 $ 1,099,248 60% $ 444,520 $ 251,446 $ 193,074 57% $ 1,121,847 $ 739,907 $ 381,940 66% 152,347 $ 112,247 $ 40,100 74% $ 7,194,215 $ 3,637,459 $ 3,556,756 51% $ 1,058,250 $ 523,361 $ 534,889 49% 78,686,290 $ 50,604,386 $28,081,904 64% 29,900,067 $ 18,725,348 $11,174,719 63% 5,735,151 $ 5,956,559 $ (221,408) 104% $ 6,460,956 $ 4,018,871 2,442,085 62% $ 4,573,148 $ 3,594,133 $ 979,015 79% $ 2,201,951 $ 1,298,436 $ 903,515 59% $ 2,555,155 $ 1,434,683 $ 1,120,472 56% $ 426,483 $ 225,422 $ 201,061 53% $ 1,613,673 $ 1,234,322 $ 379,351 76% $ 977,183 $ 453,239 $ 523,944 46% $ 138,840 $ 107,894 $ 30,946 78% $ 7,071,546 $ 3,606,484 $ 3,465,062 51% $ 5,944,633 $ 2,770,705 $ 3,173,928 47% $ 5,109,829 $ 5,109,827 $ $ 1,080,047 $ 454,369 $ 625,678 42% $ 1,050,000 $ 74,838,662 $ 48,990,292 $25,848,370 65% Rent/Utities/Telephone/Postage $ 2,125,526 $ 1,283,587 $ 841,939 60% Equipment & Maintenance Rental $ 1,832,521 $ 1,358,073 $ 474,448 74% Internal" Transfers to Other Funds $ 6,535,527 $ 283,851 $ 6,251,676 4% Debt Service (Principle & Interest) $ 5,094,703 $ 5,094,701 $ 2 100% $ 1,100,000 0% 2 100% 1,050,000 0% $ 1,100,000 $ American Rescue Plan Act asof10/16/2024 allocation received June 2021 received June 2022 Total 18,244,121.50 18,244,121.50 36,488,243.00 obligations revenue replacement consulting 18,440,006.18 254,252.50 489,995.00 1,650,096.61 15,653,892.71 36,488,243.00 disportionately impacted communities offset economic impacted communities municipal infrastructure projects Total Hammonds, Pamela From: Sent: To: Subject: Importance: Pam, submit it. Thank you, Candace Graff, Candace Wednesday, October 9, 2024 8:53 AM Butler County Public Meeting FW: Continuing Adult Probation and Parole funding (grant# 45610) High Please add this to the next public meeting on October 23rd. Its should have been on the meeting today but Iforgot to Candace Y. Graff I District Court Administrator 724-284-5200 graftero.buter.paus From: Petricca, Amy APetricecobuterpauy Sent: Wednesday, October 2, 202410:47AM To: Graff, Candace CGrareco.buterpausy Subject: Continuing Adult Probation and Parole funding (grant# 45610) Please add the following to the agenda for the Public Meeting scheduled for October gth. Requesting approval of the Continuing Adult Probation and Parole Funding (Grant# 45610)-Fiscal Year 2024-2025. In 2020, The Pennsylvania Commission on Crime and Delinquency (PCCD) began overseeing the distribution of county funding, formerly referred to as Grant-in-Aid. Butler County is allocated $133,295, which will be used to offset the salaries of probation officers. This is an increase from $111,378 in previous years. The increase ini funding is based on There is a change int the application process. PCCD now requires grant applications to be electronically signed in at three year average of data. Egrants. Thank you, Amy Petricca Deputy Chief Butler County Adult Probation P.O. Box 1208 Butler, PA: 16003 1 Evans City Borough 204B S. Jackson Street Evans City, PA16033 Phone: (724)538-8320 Fax: (724)538-8444 Email: cboro@evansety.us October 10, 2024 Butler County Board of Commissioners 124 West Diamond St., 5th floor Butler, PA 16001 Board of Commissioners, a am writing on behalf of Evans City Council and the Police Department to request approval to have all radio equipment returned to the Borough. Our Police agency is responsible for providing police protection to our community. The Butler County Communications Council has already given approval for the return of this equipment and suggested that we also seek approval from the Board of Ican be reached (724)538-8320 or cboroevanscly.is if you Commissioners. need any further information. Sean ClaureDeiu-hhen Jean Charisse Deener-Kohan President, Evans City Borough Council Sincerely, BOARD OF COUNTY COMMISSIONERS Leslie A. Osche, Chairman Kimberly D. Geyer, Vice-Chairman Kevin E. Boozel, M.S. Secretary Brandon Savochka Human Services Director William Kepple Human Services Fiscal Officer Amanda Feltenberger Director of Integrated. Services HUMAN SERVICES DEPARTMENT COUNTY GOVERNMENT CENTER ANNEX-1"FLOOR 124V WEST DIAMOND STREET, P.O. BOX1 1208 BUTLER, PA 16003-1208 Butler Countp TELEPHONE: (724)2 284-5114-TTD! USERS: (724).284-5473 FAX: (724)2 284-5128 - EMAIL: bomhmr@cobuterpaus DATE: TO: FROM: RE: October 17, 2024 Lori Altman Human Resources Director/Chief Clerk Brandon Savochka Human Services Director Human Services Agreements Commissioners' Public Meeting - October 23, 2024 l'am requesting Commissioners' approval of the following Human Services items: Children & Youth 1. Approval of the following Butler County Children and Youth/Juvenile Probation contract and amendment for. July 1, 2024 - June 30, 2025: Maint Admin Total Unit MHY Family Services -Amendment #1 MST Blendedlstandard-P58) Attorney Services 78.84 15min William R. Shields, Esq. 95.00 Hour If youl have any questions or require further information, please give my office a call. Thank you. COMMERCIAL SERVICES. AGREEMENT This Commercial Service. Agreement ("Agreement")i ist made this September 24.2024, between Armstrong Utilities, Inc. ("Armstrong" shall ber required to review and execute Armstrong' 'ss standard Subscription. Agreement, ac copy ofwhichi is Armstrong's attached hereto telephone and service,t that Subscriber Thep parties acknowledget thati ifthis Agreementi ist being usedi inc connection with Subseriber'spurchase: ofA parties also acknowledge that int thee event ofany discrepancy between this Agreement and the ")and Subscriber. madea a part hereof. The location equipment listed $ $ control. att the end ofthis Agreement. K Internet Telephone Service Cable" TV Misc Services Subscription Agreement, theset terms and conditions shall .SERVICES: Duringt the term ofthis Agreement, Armstrong will provide the Service(s)i identified below to Subscriber, att the Tier Zoom Professional 100 $69.95 D Digital Music $ $ Tolll Free Regional Sports Network $ Wireless Internet Backup $ fee to Service 2.FEES ANDI RATES: Inc consideration oft the Service(s), providedt to Subscriber, Subscriber willj ai above. Subscriber also agreest top pay Armstrong a one-time installation charge of SQ for the Service(s): pay anda monthly Armstrong of$69.95 as described ther right toa adjust the one-time installation chargei ifan unanticipated expense is discovered duringt the final any sites providede Should equipment. Armstrong reserves be discovered, Subscriber: shalll have the option to terminate the Agreement. Ifthe Servicei includes telephone survey. Subscriber an unanticipated expense local calling and NA minutes of long distance per month. Additional minutes of use willl be charged at NA cents service, per minute. Additional will receive unlimited apply for directory assistance, international and operator assisted calls. Thep parties agree that Armstrong may, 3.Thep parties acknowledge and agreet that Armstrong' 's provision of services hereunder will be subject to certain restrictions 4.TERM AND TERMINATION: The term of this Agreement will be for a period of! M2M months commencing on thirty (30) days written notice tot the Subscriber if: (i) Subseriber fails to pay any Fee due in a timely manner; Subscriber agrees top pay Armstrong (a) all amounts then due and (b) the balance ofthe amount due to term charges will and/or rates applicable tot the Service(s). to, thes serviceability of Subscriber's! location. during any hereof, increase the fees including, but not limited Term"). This Agreement wills automatically continue fort terms at thes same length ast thel Initial7 Term att thet then applicable September rate, until 24, 2024 (the "Initial the other party with at least sixty (60) days notice ofi itsi intent not to renew the Agreement at the expiration oft the then current either party provides and any renewal term are herein collectively referred to as the "Term". During the Term, Armstrong may terminate this term. The at Initial time Term area where! Subscriber isl located ori int the event that Armstrong nol longer offers the! Services within the area where (ii) Subscriber Armstrong its franchise in the ceases to do business at Subscriber's location and does not relocate to an address within Armstrong's then current service is located; (ii) Subscriber Term ofthe Agreement; or (iv) any change occurs in: any applicablel law that affects Armstrong's: ability Armstrong toj performi its obligations under this Agreement. 5. EQUIPMENT. Upon termination oft this Agreement, Subscriber will return the Armstrong equipment to Armstrong in the same condition as installed, normal wear andt tear excepted. IfSubscriber fails tor retumt the Armstrong equipment, Subscriber willl be chargeda ai fee tor equipment. Int the event of expiration or termination oft this Agreement, Armstrong willl have the option to remove all or any replace oft the. Armstrong 6. NO RESALEASSIGNMENT. Subscriber willr not resell the Service(s). This Agreement is freely assignable by Armstrong; Subscriber THIS AGREEMENT IS ALSO SUBJECT TO APPLICABLE ARMSTRONG TERMS AND CONDITIONS OF SERVICE USE/SUBSCRIPTION/INSTALLATION AGREEMENTS AND/OR USE POLICIES. THIS AGREEMENT WILL BECOME BINDING AND PARTIES HERETO' WHEN SIGNEDI BY SUBSCRIBER AND ACCEPTED AND APPROVED BY ARMSTRONG. ADDITIONAL TERMS ON THE Agreement loses any with for the remainder area, in of which the then-current case then the when Armstrong may assign equipment att the equipment location during normal business hours. this Agreement only with Armstrong' 's prior written consent. portion CONDITIONS CANI BEI FOUND ATI htplarmsrongonewirv.com/policies AND INI WITNESS WHEREOF, the parties hereto! have executed this Agreement as oft the day andy year stated above. SPECIAL INSTRUCTIONS: AÇCOUNT: DETAILS: Name Change D Existing Account Number: 372421-01 Channe! Partner: New: B Upgrade: D Rencwal: D Transfer: D Sales Representative: Name: Justin Lackey ID: 02047 Ownership Change: D GPON Conversion: D ID: Name: SUPPLIER SUBSCRIBER County of Butler Signature: Title: Date: Armstrong Utilities, Inc. Signature: Title: Date: BILLING ADDRESS (Attached as necessary) EQUIPMENTI LOCATION (Attached as necessary) 227 WC CUNNINGHAM ST BUTLER PA 16001 POC James Venturini 724 525-2844 venri@obutler.paus 01/27/2022:9 FOR IMMEDIATE RELEASE October 23, 2024 (SMMs) Butler County Launches Manufacturing Readiness Grants for Small and Medium Manufacturers The Butler County Board of Commissioners, in collaboration with Catalyst Connection, a leading nonprofit economic development organization, has announced the launch of a $150,000 pilot project to support small and medium-sized manufacturers (SMMs), which are companies with less than 500 employees at their production facilities in Butler County. The Manufacturing Readiness Grant program is designed to stimulate economic growth, job creation, and business competitiveness in the region. This initiative, modeled after the US Economic Development Administration's (EDA) Build Back Better initiative, will provide grants covering up to 80% of an advanced manufacturing project's cost, up to $15,000 per project. The grant will fund keyt technologies such as robotics, automation, digital technologies, smart manufacturing, big data, and cybersecurity, among others. Eligible projects will benefit from professional services such as engineering analysis, while the manufacturers will cover equipment and installation costs. This approach aims to stimulate business investment while leveraging private capital to drive productivity gains and growth for manufacturersin Interested SMMs are encouraged to contact Catalyst Connection at maltoinfo@catalystconnection.rg Butler County. for more information and to begin the application process. About Catalyst Connection Catalyst Connection is as southwestern Pennsylvania economic development organization focused on modernizing manufacturing and providing growth opportunities for businesses and communities. For over 35 years, Catalyst has supported manufacturers through technical assistance and management consulting services, powered by a commitment to innovation and regional prosperity. Catalyst Connection is funded in part by the Pennsylvania Department of Community and Economic Development and the National Institute of Technology Manufacturing Extension Partnership (NISTI MEP). Itn represents the Pennsylvania Industrial Resource Center (IRC) and the MEP National Network in southwestern Pennsylvania. For more information, visit wwatastcemetienerz CATAIYBYCOMPECTION POWERI POTENTIAL wwcatdyptcomrectenog Press Release FOR IMMEDIATE RELEASE Butler County Launches Manufacturing Readiness Grants for Smal and Medium Manufacturers (SMMs) October 23, 2024 - The Butler County Board of Commissioners, in collaboration with Catalyst Connection, a leading nonprofit economic development organization, has announced the launch of a $150,000 pilot project to support small and medium-sized manufacturers (SMMs), which are companies with less than 500 employees at their productioni facilities in Butler County. The Manufacturing Readiness Grant program is designed to stimulate economic growth, job creation, and business competitiveness in the region. This initiative, modeled after the US Economic Development Administration's (EDA) Build Back Betteri initiative, will provide grants covering up to 80% of an advanced manufacturing project's cost, up to $15,000 per project. The grant will fund key technologies such as robotics, automation, digital technologies, smart manuracturing. big Eligible projects will benefit from professional services such as engineering analysis, while the manufacturers will cover equipment and installation costs. This approach aims to stimulate business investment while leveraging private capital to drive productivity gains data, and cypersecurity, among others. and growth for manufacturers in Butler County. Interested SMMs are encouraged to contact Catalyst Connection at noacachitcamnacionag for more information and to begin the application process. About Catalyst Connection Catalyst Connection is a southwestern Pennsylvania economic development organization focused on modernizing manufacturing and providing growth opportunities for businesses and communities. For over 35 years, Catalyst has supported manufacturers through technical assistance and management consulting services, powered by a commitment to innovation and regional prosperity. Catalyst Connection is funded in part by the Pennsylvania Department of Community and Economic Development and the National Institute of Technology Manufacturing Extension Partnership (NIST MEP). It represents the Pennsylvania Industrial Resource Center (IRC) and the MEP National Network in southwestern Pennsylvania. www.catalystconnection.org info@catalystconnection.org 412-918-4300 SERVICES AGREEMENT THIS SPECIALIZED SERVICES AGREEMENT (the "Agreement") is made by and between CATALYST CONNECTION, having an address of4 4501 Lytle Street, Suite 301, Pittsburgh, PA 15207 (hereinafter known as the "Provider"), and BUTLER COUNTY, aj political subdivision of the Commonwealth of Pennsylvania, having an office and place ofb business at 124 W Diamond WHEREAS, the County desires that the Provider perform certain services, as more specifically set forth in thel Program Description attached hereto as Attachment "1" and incorporated herein by Street, Butler, PA 1600/Chereinafter known as the "County"). reference as ifa part ofthis Agreement (the "Services"); and WHEREAS, thel Provider agrees to perform the Services; and this Agreement are specific to this Agreement and the Services hereto. WHEREAS, the County and the Provider understand and agree that the terms and conditions of NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained and intending to be legally bound, the Provider and the County (each, a "Party," and collectively, "Parties") agree as follows: Section 1. Term and Termination. 1.1 This Agreement shall be effective on November 1, 2024 through October 31, 2025 1.2 Either Party may terminate this Agreement prior to the expiration of the Term by providing at least one hundred twenty (120) days prior written notice to the other Party. Upon termination of this Agreement, the County shall pay all costs accrued by the Provider as of the date of termination, including all non-cancelable 1.3 Ifeither party shall fail to fulfill in a timely or proper manner its obligations under this Agreement, or either party shall violate any of the covenants or stipulations of this Agreement, the party injured shall thereupon have the right to terminate this Agreement immediately by giving written notice of such to the other of their intent to terminate this Agreement. The non-injured party has the right to appeal the termination decision of the injured party by submitting in writing within ten (10) (the "Term"). obligations for the Term of the Agreement. days the reason why the termination should not take place. Section 2. Payment. 2.1 The County agrees to pay the Provider $150,000 (the "Fees") for the performance of the Services in accordance with Attachment "1", which is incorporated herein by reference. 2.3 The Provider will invoice the County monthly per the schedule in Attachment "1" (Program Description and Budget). Invoiced Fees shall be paid within sixty (60) days of the County's receipt of an invoice from the Provider. Section 3. Insurance. 3.1 For the term of this Agreement, the Provider shall take out and maintain, or shall cause to be taken out and maintained, the following insurance: A. Comprehensive General Liability Insurance, which will protect the Provider in providing the services under this Agreement from claims for bodily injury to persons, including wrongful death, and for damage to property, which may arise from operations under this Agreement, whether such operations are by the Provider or by any subcontractor. The Comprehensive General Liability Policy shall include, but not bel limited to, the following: (1) Contractual liability on a blanket basis or contractual liability specifically covering this Agreement; (2) Providers Protective Liability; (3)1 Products Liability and Completed Operation; (4)Limits ofliability may be satisfied by a combined single limit of $1,000,000locurence - 3,000,00aggregat, for bodily injury (5) The policy shall be endorsed to include Butler County and its Commissioners, and its Executives and employees, as additional insured with the right of notice, and further that this said endorsement shall be evidenced on the actual insurance certificate. and property damage. B. Worker's Compensation Insurance as required by law. $1,000,000 leach occurrence - 55,00,000aggregat. C.Professional Liability Insurance with limits ofl liability of not less than D. Fidelity Bond or Employee Dishonesty Insurance/Errors and Omissions Coverage shall be maintained to insure that employees who have financial responsibilities related to the receipt and disbursement of funds under this Agreement shall be covered by a Fidelity Bond or Employee Dishonesty Insurance. Coverage to be required and maintained for fidelity bond/employee dishonesty insurance shall be minimally for an amount which is equal to, but not less than, 50% of the first $100,000 of total allocation which is referenced on Attachment "2" of this agreement and 25% for each $100,000 thereafter, with ai maximum fidelityb bond/employee dishonesty coverage of $500,000. Section 4. Miscellaneous. 4.1 The relationship between the Parties is that of independent contractors. Nothing contained ini this Agreement shall be construed as creating any agency, partnership, joint venture or other form ofjoint enterprise, employment or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind 4.2 The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties to this Agreement, shall be governed by the laws of 4.3 Neither this Agreement nor any right, interest, or obligation hereunder may be assigned, pledged, or otherwise transferred by either party without the prior written 4.4 Any notice or communication pursuant tot this Agreement shall be sufficientlymade or given if sent by certified or registered mail, postage prepaid, or by overnight courier, with proof of delivery by receipt, addressed to the address below or as the other Party in any manner whatsoever. the Commonwealth of Pennsylvania. consent of the other party. either party shall designate by written notice to the other party. In the case ofProvider: Catalyst Connection Attn: Petra Mitchell 4501 Lytle Street, Suite 301 Pittsburgh, PA 15207 In the case of County: County of Butler Attn: Mark Gordon POBox 1208 124 W. Diamond Street Butler, PA 16003-1208 4.5 Neither Party waives its right to enforce any and all provisions oft the Agreement at any time during the Term. Either Party's failure to enforce any provision shall not prejudice such Party from later enforcing or exercising the same or any other 4.6 Headings are for convenience of reference only, and not for interpreting the 4.7 This Agreement, together with all attachments and exhibits, constitutes the entire agreement and understanding between the Parties and supersedes any prior or contemporaneous negotiations, agreements, understandings, or arrangements of provision of the Agreement. provisions of the. Agreement. any nature or kind with respect to the subject matter herein. In the event of any inconsistency between this Agreement or any attachments and exhibits, the terms 4.8 This Agreement may not be changed, altered, modified, amended, rescinded, canceled or waived except by a writing executed by authorized representatives of 4.9 This Agreement may be executed in multiple counterparts, each ofwhichi is deemed an original and all ofwhich constitute one and the same agreement. The signatures of all of the Parties need not appear on the same counterpart. Delivery of an executed counterpart of this Agreement, by facsimile, portable document format (.pdf) or by any other electronic means, has the same effect as delivery of an 4.10 Provider agrees to provide outcomes, performance measurements, and reporting as specified by the Countyin Attachment* "I"hereto. Additionally, the Provider agrees toj provide any and all information required for reporting purposes. 4.11 Provider agrees to maintain in confidence and to safeguard the confidentiality ofall County programs-related information and specific consumer information provided by County to Provider in the course of performance of this Agreement. Provider shall take reasonable measures toj protect the confidentiality ofa all such information and shall take reasonable measures to prevent the unauthorized disclosure of all ofthis Agreement shall govern. the Parties. executed original oft this Agreement. such information in Provider's possession. A. Under the Pennsylvania Right-to-Know Law, Government Agencies in Pennsylvania, including Butler County, are required to provide access to and copies of public records to the public. The Right-to-Know Law presumes that all records held by State and Local Agencies, including Butler County, are public. As such, this Agreement and any other documents submitted to the County by the Provider under the terms of this service agreement may be examined, inspected and copied (subject to reasonable rules and regulations) by any persons. Public Records under the Right-to- Know Law are not limited to those held or stored by the County. B. The Right-to-Know Law extends the County's production requirements to those public records in the hands of a third-party provider of service. Subject to the applicable laws and regulations, the Provider shall timely prepare and maintain all records relating to the implementation of this Agreement. At all reasonable times, these records shall be available for review by authorized County, State, Federal or County auditors and/or personnel. 4.12 The Provider shall maintain books, records, documents and other evidence pertaining to all revenues, expenditures and other financial activity pursuant to this agreement as well as to all required programmatic activity and data pursuant to this agreement. These books, records, documents and other evidence shall be available for review, audit or evaluation by authorized County personnel or their representatives during the agreement period and for seven years thereafter, except ifan: audit isi inj progress or audit findings are yet unresolved, in which case, records 4.13 The Provider shall hold harmless, defend, and indemnify the County, its elected officials, officers, appointees, and employees from and against any third-party liability claim, including court costs and reasonable attorney's fees, arising out of shall bel kept until all tasks are completed. the services rendered to the County under this Agreement. 4.14 The Provider agrees to comply with all applicable federal and state laws. 4.15 The Provider assures that it presently has no interest and will not acquire any interest, direct or indirect, which could conflict in any manner or degree with the performance of its services hereunder. The Provider further assures that in the performance of this agreement, it will not knowingly employ any person having 4.16 The invalidity or unenforceability of any provisions of this Agreement shall in no way effect the validity or enforceability of any other provision. 4.17 This Agreement shall be binding upon and shall inure to the benefit of each of the parties and their respective heirs, successors, and permitted assigns. such interest. Section 5. Force Majeure. 5.1 No Party willl bel liable to the other for any failure or delay in thej performance ofit its obligations to the extent such failure or delay is caused by fire, flood, earthquakes, other elements ofnature, acts ofwar, terrorism, riots, civil disorders, rebellions or revolutions, disease, epidemics, quarantines, pandemics, acts of government, a declared state of emergency, delays in visas, changes in laws and governmental policies, or other conditions beyond its reasonable control following execution of this. Agreement. Ifthe performance by either party of any ofi its obligations under this Agreement (including making a payment) is prevented by any such circumstances, then such party shall communiçate the situation to the other as soon as possible, and the parties shall endeavor to limit the impact to the project. The parties agree to mitigate risks to the project and personnel, and to amend project period of performance and milestones if possible. Nothing herein shall limit the rights of either party to terminate this Agreement as indicated in Section 1 hereunder. Section 6. Financial Reporting Requirements 6.1 Provider is required to comply with all Federal, State, and County financial reporting requirements. For County purposes the required level or type of service is determined by the greater of all county revenues regardless of source, or total expenditures. A summary of these requirements is listed below. A detailed explanation for each type of financial reporting is included in this section of the Agreement. 6.2 Combined County Annual Revenue, AlI County Sourcesor Expenditures, Less than $50,000 $50,000-599,999 $100,000 and up Financial Statement Compiled, Reviewed or Audited Reviewed or Audited Audited Compilation services are to be conducted in accordance with the Statements on Standards for Accounting and Review Services (SSARS) promulgated by the Accounting and Review Services Committee of the AICPA and comply with applicable professional standards, including the AICPA's Code of Professional Conduct, and its ethical principles of integrity, objectivity, professional competence, and due care, when performing the bookkeeping services, preparing the financial statements, and performing the compilation engagement. Compiled 6.3 Review engagements must be in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA and comply with applicable professional standards, including the AICPA's Code of Professional Conduct, and its ethical principles of integrity, objectivity, professional competence, and due care, when preparing the financial statements and performing the review engagement. 6.4 Audits must be conducted in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Yellow Book). CPA firms performing the service are required to meet the criteria required by the GAO to conduct an audit in accordance with the 6.5 Entities who also receive audits conducted in accordance with audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and. Audit Requirements ofFederal Awards (Single Audit) must provide a copy of the Single Audit to Butler County upon completion. financial statements must include accompanying footnotes. Yellow Book. 6.6 Al higher-level requirement is acceptable for any lower level requirement. 6.7 The Provideri is responsible for obtaining the necessary level ofprofessional service as outlined above and securing the services of an independent certified public accountant. Federal regulations preclude public accountants licensed in the Commonwealth ofPennsylvania from performing audits ofFederal awards. Public accountants are: not licensed as Certified Public Accountants (CPAs). 6.8 The County reserves the right for County, State and Federal agencies, or their authorized representatives, to perform financial and/or performance audits. Ifitis decided that an audit or financial review of this agreement will bej performed, then Provider will be given reasonable advance notice. The Provider shall maintain books, records, and documents that support the services delivered, that the fees earned are in accordance with the agreement, and that Provider has complied with the agreement terms and conditions. Provider agrees to make available, upon reasonable notice, at the office of the Provider, during normal business hours, for the term oft this agreement and the retention period set forth in this Clause, any of the books, records, and documents for inspection, audit, or reproduction by any 6.9 Working papers and financial reports must be retained by the Provider's auditor/accountant fora a minimum of five (5) years from the date ofissuance ofthe financial report, unless the Provider's auditor/accountant is notified in writing by the County, or the cognizant or oversight State or Federal agency, to extend the retention period. Working papers will be made available, upon request, to authorized representatives of the County, any Commonwealth agency, the Federal 6.10 Provider shall preserve all books, records, and documents related to this agreement foraperiodoftimet thati ist the greater offive (5)years from the agreement expiration date, until all questioned costs or activities havel been resolved to the satisfaction of the County, or as required by applicable Federal laws and regulations, whicheveris longer. Ifthis agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of five 6.11 Records that relate to litigation of the settlement of claims arising out of performance or expenditures under this agreement to which exception has been taken by the auditors/accountants shall be retained by the Provider and copies provided to the County until suchl litigation, claim, or exceptions have reached final 6.12 Except for documentary evidence delivered pursuant to litigation or the settlement of claims arising out of the performance of the agreement, the Provider may, in fulfillment ofhis obligation to retain records as required by this Clause, substitute photographs, microphotographs or other authentic reproductions of such records after the expiration of two years following the last day of the month of State or Federal agency or its authorized representative. funding agency, or the Federal General Accounting Office. (5)years from the date of any resulting final settlement. disposition. reimbursement to the provider of the invoice or voucher to which such records 6.13 The County reserves the right to have all work papers of the independent CPA examined by the County or designated party. Provider hereby authorizes the County to contact their auditors/accountants directly to obtain audit work papers and authorizes their auditor/accountant to provide same without the need for any 6.14 Submission ofthe Required Financial Reports to the County: Provider shall submit acomplete Financial reporting package, which includes all accountants or auditors reports/opinions, financial statements, supplementary schedules, Form 990, Form 990T (if applicable), Consolidated financial statements for affiliated groups, and 6.15 Provider shall submit the financial report within thirty (30) calendar days after the completion of the report but in no event shall the audit/review be completed and the report submitted later than one hundred eighty (180) days after the end oft the 6.16 Corrective Action Plan: Thel Provider shall preparea a Corrective Action Plan (CAP) to address all findings of noncompliance, internal control weaknesses, and/or reportable conditions disclosed in any financial report. For each finding noted, the relate, unless a shorter period is authorized by the County. additional consent other than as stated herein. the Management Letter (ifissued). Provider's fiscal year. CAP should include: A. A brief description identifying the finding; B. Whether the Provider agrees with the finding; corrective action is not necessary; C.The specific steps to be taken to correct the deficiency or specific reasons why D.A timetable for completion of the corrective action steps; E. A description oft monitoring to be performed to ensure that the steps are taken; F. The responsible party for the CAP 6.17 Remedies for Non-Compliance with Financial Reporting Requirements: The Provider's failure to provide an acceptable financial report in accordance with the requirements of this clause may result in the County not accepting the report and initiating sanctions against the Provider that may include the following: A. Disallowing the cost of the financial report; B. Withholding all or a percentage of the agreement funding pending compliance; C.V Withholding or disallowing administrative costs; D. Suspending subsequent agreement funding pending compliance; E. Require the return of any funds expended by the County during the 6.18 The Provider agrees that it will not use. Federal or State law money received from the County for services not provided pursuant to this Agreement, or toj pay for the audit/financial report term. costs ofunrelated services provided by the Provider. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized representatives as oft the date first above written. ATTEST: Lori E. Altman COUNTY Leslie A. Osche, Chairman Board ofCounty Commissioners Kimberly D. Geyer, Vice Chairman Board of County Commissioners Kevin E. Boozel, M.S., Secretary Board ofCounty Commissioners Catalyst Connection Human Resources Director/ChierClerk [COUNTY SEAL] [PROVIDER ATTESTER] [PROVIDER REPRESENTATIVE) (Type Name) [SEAL Date Attachment 1 Program Description and Budget Medium Manufacturers (SMMs) Manufacturing Readiness Grants for Butler County Small and Program Description: Catalyst Connection proposes to implement a Manufacturing Readiness Grant program for Butler County small and medium manufacturers (SMMS) to implement advanced manufacturing technologies that will stimulate economic growth and prosperity for workers and residents of Butler County. The grant program is modeled after the US Economic Development Administration's (EDA) Build Back Better initiative, in which Catalyst Connection isi implementing one of the five projects in southwestern Pennsylvania. This program, "Digital Bridge for Manufacturers", has awarded $579,000 ofEDA funds to 33 manufacturing companies and leveraged $1.9 million of private investment. Basic Description: The Manufacturing Readiness Grant program will offer up to 80% ofa an advanced manufacturing implementation project, up to $15,000, to SMMs with production facilities in Butler County. Eligible projects include the implementation oftechnologies: such as robotics and automation, digital technologies, big data and analytics, cyber security, smart manufacturing and other similar applications, to stimulate business competitiveness, productivity gains, sales growth and job creation. The grant program will also leverage significant private investment. It will pay for up-front costs associated with engineering analysis and other professional services fees, while manufacturers will pay for equipment and installation related costs. In this way, the grant program will stimulate and accelerate investments, in addition to Scope ofl Work: Catalyst Connection proposes the following scope ofv work to manage and implement the Manufacturing Readiness Grant Program. Catalyst Connection will use its EDA Digital Bridge Resources to implement these activities, for the pilot round oft the Manufacturing leveraging significant private capital. Readiness Grant program. Scope ofWork: 1. Draft Technical Assistance Grant Guidelines for review and approval by Butler County 2. Create marketing and communications material regarding the program, including a dedicated website landing page, collateral, email and newsletter content, and other methods of communication to be agreed upon by Catalyst Connection and Butler County 3. Respond toi inquiries from SMMs inl Butler county and provide assistance inj preparing authorized representatives the grant application 4. Accept applications and conduct due diligence to review for eligibility, total capital investment and potential for economic impact; rank order applications and provide recommendations to Butler County for final selection and approval; 5. Communicate application status to applicants, and provide project management support 6. Collect, review and approve the necessary documentation from grantees at the completion of the project (project invoices, receipts and/or proofo ofpayment) andi issue grant funds to SMMs for all pre-approved and eligible costs associated with the project 7. Conduct project follow-up with grantees to collect data on the economic impacts ofthe tog grantees throughout the project Butler County investments. Eligibility Criteria and Selection ofAwardees Catalyst Connection proposes to use the same eligibility criteria for the Butler County Manufacturing Readiness Grant program asi it has for the EDA Digital Bridge program. The eligible/ineligible criteria are: noted below: Program Eligibility: Applicants requesting assistance through this program must meet all the criteria listed Small and Medium Enterprise - All applicants must be registered in D&B. Manufacturing companies with a NAICS code beginning with 31-33 arej preferred. Businesses from supporting industries, including Construction (NAICS code 23); Transportation and Warehousing (NAICS code 48-49); Agriculture, Forestry, Fishing and Hunting (NAICS code 11); and Mining, Quarrying, and Oil and Gas Extraction Location - Applicant's manufacturing facility must be located in Butler County, Economic Benefit - Applicants must describe the economic benefits to the company, its workers and lor the community as ai result oft the project (ex: business growth, job creation, wage growth, expansion or other similar economic impacts) Funding. - Applicants must be able toj pay at least 20% towards the total project cost and be able to cover the total project costs until reimbursement isi issued. Timing-A Applicants must confirm that thej project willl be completed and payment of total project costs made within 12 months ofthe technical assistance award notice. Butler County Tax Payer - Applicant must be fully current on all Butler County Surveys - Applicants must agree to participate inj post-award: surveying to collect information on project status, investments, outcomes and economic benefits to the below tol be eligible for funding consideration: (NAICS code 21), will also be considered. Pennsylvania taxes and fees business, its workers and/or the community. Eligible Uses of Funds: Technical Assistance funds may be used to support direct, project-related consulting costs, contracted services, supplies, and one-time costs related to integrate and expand the adoption of Industry 4.0 technologies. Ineligible Uses of Funds Technical Assistance dollars cannot be used for the following expenses: 1. Purchase of equipment 2. Support recurring costs related to connectivity 3. Support internal salary costs ofthe applicant 4. Replace existing grant funds received by the applicant or support costs already paid for by another government grant (duplicate funding) 5. Pay for travel 6. Support indirect costs 8. In-kind costs 7. Investment ofe equity or working capital 9. Support other costs prohibited by Butler County, Commonwealth of Pennsylvania or federal law (for example: Lobbying, Advertising,Relocation costs, etc) Selection Criteria Catalyst Connection proposes to set a due date for applications for the Pilot Round of funding from Butler County, such that the first criteria for funding will be applications received by the due date. Then Catalyst Connection will conduct due diligence and review for eligibility, as noted above. Once eligible projects are established, they will be ranked according to total capital investment leverage and potential for economic impact, such as business growth, competitiveness, productivity and job creation and wage growth. Funding recommendations will be made to Butler County authorized officials, Mark Gordon and Ann Brown, who will make the final funding decisions. Proiect Outcomes Itis expected that ten SMMs/p projects will be funded with al Pilot Round investment of $150,000, each receiving 80% oft their total project costs, or $15,000. These ten SMMs will provide at least $37,500 of cash match to the project. In addition, and based on our experience with thel EDA Digital Bridge program, it is expected that the Pilot Round investment of$150,000 will leverage a minimum of$450,000 oftotal private investment, and create and retain at least 50 jobs (average of 5 per company). Recognizing that manufacturing has an outsized impact on regional economies, and that each: manufacturing, jobi in southwestern Pennsylvania supports another 2.62. jobs, either directly or indirectly, these 50 jobs will support at least another 131 workers in Butler county. Proiect Budget Revenues Expense Butler County Round 1 Investment $150,000 -$150,000 $37,500 $31,086 Technical Assistance Grants Awarded (10 grants at $15,000 each): Butler County Small and Medium Size Manufacturers Cash Match: Catalyst Expenses from thel EDA Digital Bridge Program to establish, implement and manage the Pilot oft thel Butler County Manufacturing Matching Funds: Readiness Grant Program see details below Leveraged Funds from! EDAI Digital Bridge Program Personnel Costs $26,361 Travel tol Butler County (20trips* 501 miles roundtrip' * $0.67/mile) Total Direct Costs Indirect (15% de minimis) TOTAL Costs Name $670 $27,031 $4.055 $31,086 Role Monitor progress; communicate with stakeholders SMMs; support applications Develop andl launch communications campaign activities Conduct due diligence, manage grantee projects Manage disbursement process Estimate ofHours 10 80 8 50 100 40 288 Title Petra! Mitchell President and CEO Matt! Holjes Managing Director Business Conduct outreachwith Development Manager Allison! Moux Marketing Manager Mark Sewell Sr. Consultant andl Program Manage/monitor project In'dea Carter Project Associate Nicole Funk Accounting/ Associate TotalHours digitalbridge V9 Digital Bridge TechnicalA Assistance Program for Butler County Manufacturers TECHNICALASSISTANCE GRANT AWARD GUIDELINES DRAFT as of 10/9/24 TABLE OF CONTENTS SEC7ION1-GENERAL INFORMATION. A. Introduction. B. Program Eligibility. D. Eligible Uses. C.F Funding Availability & Matching Requirements SECTION V2-THE APPLICATION PROCESS. A. Application Submission.. B. Contents of the Application. C. Application Review & Approval Process. D. Award Criteria E.P Post-Approval Process F.Disbursement of Funds SECTION3-C CONTACTS. For Manufacturers. G. Reporting & Record Keeping Requirements. Funding. for this program has been provided by Butler County. This document is subject to change without notice. Copyright Catalyst Connection 2024. All rights reserved Revised 10-7-24 SECTIONI-GENERAL INFORMATION A. Introduction The Digital Bridge Technical Assistance Program for Butler County Manufacturers provides matching grant funds for small and medium sized manufacturers (SMMs) with production facilities in Butler County and is administered by Catalyst Connection. This funding is designed to assist SMMs located in Butler County integrate and expand the adoption of Industry 4.0 technologies (see Section 1, E. Eligible Uses) through assessment, evaluation, implementation and other assistance. The Digital Bridge funds provide a reimbursement of up to 80% of eligible project costs, not to exceed $15,000. The objective of the funding is to stimulate economic growth in Butler County via business growth and expansion, and job and wage growth. Applicants must describe the intended outcomes and associated benefits as part of the application process. Applicants are also encouraged to provide the total amount of capital investment included in the proposed project, above and beyond the required cash match, as an indicator of total economic benefit to Butler County taxpayers. B. Program Eligibility Applicants requesting assistance through this program must meet all the criteria listed Small and Medium Enterprise - All applicants must be registered in D&B. Manufacturing companies with a NAICS code beginning with 31-33 are preferred. Businesses from supporting industries, including Construction (NAICS code 23); Transportation and Warehousing (NAICS code 48-49); Agriculture, Forestry, Fishing and Hunting (NAICS code 11); and Mining, Quarrying, and Oil and Gas Extraction Location - Applcantsmanufactuning facility must be located in Butler County, Economic Benefit = Applicants must describe the economic benefits to the company, its workers and lor the community as a result of the project (ex: business growth, job creation, wage growth, expansion or other similar economic impacts) Funding = Applicants must be able to pay at least 20% towards the total project cost and be able to cover the total project costs until reimbursement is issued. Timing - Applicants must confirm that the project will be completed and payment of total project costs made within 12 months of the technical assistance award notice. Butler County Tax Payer - Applicant must be fully current on all Butler Countytaxes Surveys - Applicants must agree to participate in post-award surveying to collect information on project status, investments, outcomes and economic benefits to the business, its below to be eligible for funding consideration: (NAICS code 21), will also be considered. Pennsylvania and fees workers and/or the community. C. FundingAvallability: and Matching Requirements All eligible applications will be reviewed and considered for funding, however, due to Page 12 limited availability, projects will be evaluated and awarded based on the viability of the project, total amount of funds leveraged, and potential for economic benefit. Applicants may request funding support up to 80% oft the total project cost up to $15,000, and must therefore provide cash match of the remaining 20% of the project. The amount and source of matching funds shall be detailed within the application and be an allowable expense. Any change to the project scope post-award must have prior written approval of Catalyst Connection. In addition, a post award decrease in the project budget may result in aproporionaldecrease ini funding award to maintain the minimum 20% match requirement. D.E Eligible Uses Technical Assistance funds may be used to support direct, project-related consulting costs, contracted services, supplies, and one-time costs related to integrate and expand the adoption of Industy4Otechnologes: Below is al listoftechnologies that may be eligible for Big Data and AI Analytics - In Industry 4.0,! Big Data is collected from a wide range of sources, from factory equipment and Internet of Things (loT) devices to ERP and CRM systems. Usage starts with data visualization and dashboarding and progresses on to further data manipulation. Analytics powered by artificial intelligence (AI) and machine learning are applied to the datai in real time, and insights are leveraged to improve decision-making and automation in every area of supply chain management, including supply chain planning, logistics management, manufacturing, R&D and engineering, Horizontal and vertical Integration - The backbone of Industry 4.0 is horizontal and vertical integration. With horizontal integration, processes are tightlyi integrated at the "field level" - on the production floor, across multiple production facilities, and across the entire supply chain. With vertical integration, all the layers of an organization are tied together and data flows freely from the shop floor to the top floor and back down again. In other words, production is tightlyi integrated with business processes like R&D, quality assurance, sales and marketing, and other departments, while data and Cloud Computing- Cloud computing is the "great enabler" of Industry 4.0 and digital transformation. Today's cloud technology goes way beyond speed, scalability, storage, and cost efficiencies. It provides the foundation for most advanced technologies, from Al and machine learning to the Internet of Things and gives businesses the means to innovate. The data that fuels Industry 4.01 technologies resides int the cloud, and the cyber-physical systems at their core use the cloud to Augmented Reality (AR) - Augmented reality, which overlays digital content onareal environment, is a core concept of Industry 4.0. With an AR system, employees use smart glasses or mobile devices to visualize real-time loT data, digitized parts, repair or assemblyi instructions, training content, and more when looking at a physical thing, like a piece of equipment or a product.. AR is still emerging but has major implications for funding support: enterprise asset management (EAM), and procurement. knowledge silos are ai thing of the past. communicate and coordinate. Page 3 maintenance, service, and quality assurance as well as technician training and safety. Industrial Internet of Things (lloT) -1 The Internet ofThings (loT) - more specifically, the Industrial Internet of Things - is sO central to Industry 4.0that the two terms are often used interchangeably. Most physical things in Industry 4.0, devices, robots, machinery, equipment, products, use sensors and RFID tags to provide real-time data about their condition, performance, or location. This technology lets companies run smoother supply chains, rapidly design and modify products, prevent equipment downtime, stay on top of consumer preferences, track products and inventory, and much more. Additive Manufacturing/3D Printing. - Additive manufacturing, or 3D printing, is another key technology driving Industry 4.0. 3D printing was initially used as a rapid prototyping tool but now offers a broader range of applications, from mass customization to distributed manufacturing. With 3D printing, parts and products can be stored as design files in virtual inventories and printed on demand at the point of need, reducing both Robotics and Automation - With Industry 4.0, a new generation of robotics is emerging. Programmed to perform tasks with minimal human intervention, robots vary greatly in size and function, from machine tending robots to autonomous mobile robots for material handling operations. Equipped with cutting-edge software, Al, sensors, and machine vision, these robots are capable of performing difficult and delicate tasks, and can recognize, analyze, and act on information they receive from their surroundings. Simulation/Dig:tal Twins A digital twin is a virtual simulation ofareal-world machine, product, process, or system based on loT sensor data. This core component of Industry 4.0 allows businesses to better understand, analyze, and improve the performance and maintenance of industrial systems and products. An asset operator, for example, can use a digital twin to identify a specific malfunctioning part, predict potential issues, and Cybersecurity- With the increased connectivity and use of Big Data in Industry 4.0, effective cybersecurity is paramount. Byi implementingaz Zero Trust architecture and technologies like machine learning and blockchain, companies can automate threat detection, prevention, and response, and minimize the risk of data breaches and Other Smart Manufacturng/ndustny 4.0 projects: Investments in related technologies and technology applications that increase manufacturing and or transportation distances and costs. improve uptime. production delays across their networks. business efficiencies. Technical. Assistance dollars cannot be used for the following expenses: 1. Purchase ofe equipment 2. Supportrecurring costs related to connectivity 3. Support internal salary costs oft the applicant for by another government grant (duplicate funding) 4. Replace existing grant funds received by the applicant or support costs already paid 5. Pay for travel 6. Supportindirect costs 7. Investment ofequityorworking capital Page/4 8. In-kind costs 9. Support other costs prohibited by Butler County, Commonwealth of Pennsylvania or federal law (for example: Lobbying, Advertising, Relocation costs, etc) SECTONII-THEAPPLICATIONPROCESS A. Application Submission Catalyst Connection and its partners have staff available to assist SME manufacturers through the technical assistance process from assessment, project selection, scoping and application. The Catalyst Connection Point of Contact is Matt Holjes, Managing Director of Sales and Marketing. Interested parties should contact him either by phone (412)918- 4262 or email mholes@catalystconnection.OTg concerning questions regarding potential Applications will be accepted by MM/DD/YYYY and will be reviewed for eligibility. All eligible projects will be considered for funding, however, projects will be prioritized based on total capital investment and potential for economic impacts. Awards will be made to the highest priority projects, until funds are fully allocated. Applicants will be notified within 30 days of Applications must be submitted by email as one pdf file to the point of contact. projects, eligibility, or application completion. the status of their project. B. Contents ofthe Application Alla applications must include the olowingcomponents: 1. Completed. Application Form signed by the applicant 2. Detailed Project Proposal/ Scope of Work application budget summary 3. Detailed Budget/Cost Proposal = budget detail must match what is reflectedi int the 4. Vendor Selection Process = two or more vendor rates/prices are needed for purchases over $50,000. Af full RFP process in accordance with 2CFR200 is required for purchases of $250,000 or more. C.A Application Review and Approval Process Upon receipt, applications will be reviewed to ensure that the parameters for eligibility are met and that all required application components are included. Applicants submitting incomplete applications will be asked to resubmit and consideration of their project request may be delayed depending on the timing of application resubmission. Applications will be reviewed by the Digital Bridge Technical Assistance Program Review Committee. Committee members include representatives from Catalyst Connection and Butler County, who ensure applications meet award criteria, county, state and federal requirements. In: some cases, the applicant may be asked to provide clarifiçation and/ort to submit additional documentation in support ofi its application. The extent oft the Page 15 information required, and thet timeliness of response will determine whether the project can be considered within the current round D.Award Criteria Applications will be reviewed and recommendation for award to those that meet the following 1. All program eligibility criteria are met (see Section 1, B. Program Eligibility). 2. Aclearly defined project and scope of worki is included that integrates and expands the adoption ofl Industry 4.0technologies with allowable project expenses (see Section 1, D. 3. Budget within cost parameters that include required match of 20%. (see Section1,C. criteria: Eligible Uses). Funding Availability: and Matching Requirements) 4. Documentation of a Vendor Selection Process for purchases. 5. Applicant is conducting manufacturing activities in Butler County 6. Applicant is current on all Butler County taxes and fees economic benefits oft thet tax payer investment. 7. Applicant provides total project investment information and a reasonable explanation ofthe E.P Post-Approval Process Applicants will receive written notification of application status within 30 days of the application deadline. Award notifications will include additional instructions and details on Catalyst Connection will provide project management support to awardees to assist with reporting and invoicing requirements. Any changes in project specs, timeline, budget and/or match will require written approval oft the project sponsora and Catalyst Connection. A post award decrease in the project budget may result in a proportional decrease in next steps and contractual requirements. award in order to maintain the minimum 20% match requirement. F.D Disbursement of Funds Technical Assistance awards are paid on a reimbursement basis following completion oft the project and the applicant's: submission of satisfactory documentation of paid expenses (applicant's W-9, vendori invoices and corresponding proof of payment) equivalent to the total project budget/costs. Requests for payment and supporting documentation shall be Funding reimbursement requires an invoice accompanied by payment documentation equivalent tot the total project costs including match. Vendorinvoices with corresponding cancelled checks documenting payment are required for reimbursement. submitted to the project sponsor for review and processing. G.R Reporting and Record Keeping Requirements Awardees are responsible for the following reporting and record keepingrequrements: Page 16 8. Comply with all state and federal rules regarding the maintenance of appropriate contractual and accounting documentation. These files must be available for review by the Commonwealth, auditors, the project sponsor, and/or fiscal agent upon request. 9. Report updates to the project status to Catalyst Connection when they occur. 10. Participate inj post project impact surveys to collect quantitative and qualitative data on the results of the implemented projects, which may include, jobs created/retained, new/retained sales, cost savings, new/retained customers, and success stories. SECTIONIII- Contuct/prwenyfocturenz Contact Catalyst Connection for more information: Matt Holjes, Managing Director of Sales and Marketing Catalyst Connection 4501 Lytle Street Suite 301 Pittsburgh, PA: 15207 Phone: 412.918.4262 Email: mholies@catalystconnection.org Website: www.atalystconnection.org Page 17 County of Butler Right-to-Know Law Policy Effective October 23, 2024 I. Authority The County of Butler ("County") adopts this policy pursuant to Section 504(a) of the Right-to-Know Law, 65 P.S. $8 67.101-67.3104 ("RTKL"). The County has made this policy available to the public at the Office of the Butler County Commissioners, Butler County Government Center, 124 West Diamond Street, P.O. Box 1208, Butler, PA 16003 and on its public website at tpsy/puterounvpagor along with the RTKL Uniform Request Form. II. Agency Website The County of Butler maintains a public website at htpsy/puleroumopasol Many of the records most commonly requested from the County are available on the website. The following information is also posted on the County's website: Open Records Officer contact information; contact information for the Commonwealth of Pennsylvania Office of Open Records (hereinafter "OOR"); a form which may be used to file a Right to Know request; and a copy of this policy. III. Submitting a RTKL Request to the County A. Butler County Open Records Officer. With the exception of Judicial and District Attorney records (see next section), requests for access to open records are to be submitted to the Butler County Open Records Officer. The contact information for the County Open Records Officeris: Butler County Open Records Officer Sth Floor County Government Center 124 West Diamond Street P.O. Box 1208 Butler, PA 16003-1208 Phone: 724.284.5100 Fax: 724.284.5400 Email: opmrenigeohulermaus B. Open. Records Officer for. Judicial While the Court generally follows the County procedure outlined in this document, special rules of court govern which information may or may not be released. Judicial records include the records of Court Administration, Adult Probation, Juvenile Probation, Court Reporters, Domestic Relations, Magisterial District Judge Offices, and the Law Library. Requests for judicial records should be directed to: Court Open Records Officer County ofl Butler 124 West Diamond Street P.O. Box 1208 Butler, PA 16003-1208 Phone: 724.284.5200 Fax: 724.285.5185 Email: ourt.admin@co.butler.pa.us C. Open Records Officer for District Attorney. Records The Butler County District Attorney's Office maintains its own Open Records Officer. Requests for open records for the District Attorney's Office should be directed to: District Attorney Open Records Officer John Johnson Appeals Officer: Mark Lope, Esq. Office oft the District Attorney County ofl Butler 124 West Diamond Street P.O. Box 1208 Butler, PA 16003-1208 Phone: 724.284.5222 Fax: 724.285.5185 Email: liohnsan@colutlezpalus The contact information for the County of Butler Open Records Officers is also posted on the County's website. D. Request. Requests should be submitted in writing using the OOR's Standard Right-to-Know Law Request Form. Completed copies of the Right-to-Know Request Form may be submitted to the County's Open Records Officer via email, mail, facsimile, or in person, using the contact information set forth above. To allow the County to locate requested records and determine whether those records are public, requests for records should be specific and concise and clearly identify as precisely as possible the records sought. Requesters should clearly indicate the preferred method of access - paper copies, electronic copies or by inspection. Requesters should retain a copy of the request for their file, as a copy of the request is necessary should a requester appeal the County response. Ifai request is addressed to another agency's open records officer, the request will be considered misdirected and improperly filed with the County. E. Informal written requests. The County may respond, in its discretion, to informal written requests (e.g., a request which does not indicate that it is seeking records under the RTKL, a request made in the body of an email and not on the required form). However, such requests may not be reviewed on a daily basis and will not be processed as a request submitted under the RTKL and subject to the RTKL's deadlines and remedies. F. Verbal and Anonymous Requests. The County may, but in its discretion is not required to, respond to verbal and anonymous requests for records. Requesters submitting verbal and anonymous requests for records may not pursue the remedies available to a requester under the RTKL. 65P.S. $6 67.702. G. Receipt of the request. For the purpose of calculating the response deadline, the County is deemed to have received the request on the business day that the Open Records Officer receives the request. Any request that is received by the County after the close of regular business hours shall be deemed to be received on the next business day. If the request is received by an Agency employee other than the County Open Records Officer, the request will be forwarded to the County Open Records Officer as soon as practical. H. Response period. The County has 5 business days to respond to a request for records under the RTKL. The County is permitted to take an additional 30 days to respond to any request for the reasons set forth in Section 902 of the RTKL, 65 P.S. $ 67.902. If the County invokes an extension, the County will inform the requester in writing as required by the RTKL. I. County Response. The County may grant a request in its entirety, partially grant and partially deny a request, or deny a request in its entirety. The final response of the County will be in writing. Should the County fail to issue a response within the applicable response period, the request is deemed denied. The requester may agree, in writing, to extend the County's response period. The requester must agree to the extension during the initial five business day response period or during an extension invoked by the County. IV. Access to Records A. Granting access. The County may. grant a request for records by issuing a response: (1) granting access to inspect records during the County'sregular business hours; (2) sending copies of responsive records to the requester; and/or (3)n notifying the requester that the record is available on the County's website or another publicly accessible website. B. Denying or partially denying access. Should the County deny or partially deny a request for records through redaction or otherwise, the County will inform the requester of the denial or partial denial in writing and inform the requester that the County does not possess the responsive record or, ift the information is exempt from public access, provide a citation to the relevant legal basis for withholding the requested information. C.7 Third party. Ifar request involves records provided to the County by a third party and the third party previously provided the County with a written statement that the record contains a trade secret or confidential propnetatyinformation, the County shall provide notice to the third party. D. Fee Schedule. The County will charge duplication and certification fees consistent with the OOR Fee Schedule. All applicable fees shall be paid in advance in order to receive access to the record requested. The County may, in its discretion, choose to waive some or all of the fees owed on a case-by-case basis. V. RTKL Appeals To challenge the denial or deemed denial ofa request for County records, an appeal may be filed by completing the official OOR Appeal Form available on the OOR website at htips/www.openrecords.pa.gov. An appeal may also be filed via postal mail, email, or fax using the following contact information: Executive Director Office of Open Records 333 Market Street, 16th Floor Harrisburg, PA 17101-2234 Email: openrecords@pa.goy Fax: 717-425-5343 An appeal must include a copy of the request and the County'sresponse. More information is available on the OOR website. VI. Mediation The RTKL requires the OOR to establish an informal mediation process to resolve disputes under the RTKL. This is a voluntary process to help parties reach a mutually agreeable settlement on records disputes before the OOR. Mediation, a facilitated conversation between the parties that can serve as a fair and efficient tool to resolve conflict, can save time and expense. When appropriate, the County is open to resolving RTKL disputes through the OOR'sr mediation process. VII. Additionall Information about the RTKL Additional information about the RTKL, the request process, and the appeal process, is available on the OOR website. AGREEMENT FOR THE ADMINISTRATION OF THE PENNSYLVANIA HOUSING AFFORDABILITY AND REHABILITATION ENHANCEMENT (PHARE) Program: Pennsylvania Housing Affordability and Rehabilitation Enhancement Fund (PHARE) FUNDS FOR BUTLER COUNTY Authority: Redevelopment Authority of the County of Butler Amount: $250,000 This Agreement entered into this 23th day of October 2024 by and between the County of Butler of the Commonwealth of Pennsylvania, hereinafter referred to as the' "County", and the Redevelopment Authority of the County of Butler, hereinafter referred to as the "Authority". WITNESSETH THAT: WHEREAS, by Resolution 2023-23, the Butler County Board of Commissioners resolved to support this submission by the Redevelopment. Authority of the County of Butler the grant application to the Pennsylvania Housing Affordability and Rehabllitation Enhancement Fund in the amount of Two hundred fifly thousand dollars ($250,000) for the Butler County Acquisltion/Rehab Program, hereinafter referred to as the' "Project", conditional upon the Pennsylvania Housing Finance Agency (PHFA) Funding the above-referenced grant application; and WHEREAS, the County has received notification from the PHFA that It has been approved WHEREAS, the County desires to engage the Authority to provide assistance and WHEREAS, the County has determined that the Authority possesses the specialized, professional skills necessary to fulfill the requirements and responsibilities of the County, and WHEREAS, the Authority desires to perform the administration of the PHARE Funds for NOW THEREFORE, In consideration of the mutual covenants contained herein, the tor receive a $250,000 grant from the PHARE Funds as funded by the PHFA; and administration of this grant; and the County relating to the Project. parties hereto do hereby agree as follows: ARTICLEL. SCOPE OF SERVICES The Authority shall, in connection with and In regard to the aforesaid "Project", perform or cause top perform as necessary, in a satisfactory: and proper manner in accordance with the requirements oft the PHARE Funds and as determined by the County, the administration oft the PHARE Funds Establish an acquisition delivery system and procedures to acquire and rehabilitate vacantabandonednax delinquentibilighted properties. This system will utilize foreclosure sales, To buy, sell, exchange, pledge, assign, transfer and deliver to any person, all or any part of real for the Butler County Acquisition and Rehab Program, as follows: referrals from local code officers, lenders, servicers, and realtors. property. To make, execute and deliver all necessary deeds, assignments or transfers. To lease for any term any real property and to vary the terms, including rent payable, of any lease. To alter, repair, improve, mortgage, divide, exchange, join in the partition of, or Generally, to transact all business and to exercise all rights of management and Inspect property to determine the extent to which repairs are needed to comply Develop a pool of reliable contractors to carry out the work in a timely and cost-effective The Authority agrees to develop a list of eligible contractors and may amend said manner. options with give ownership with code and respect to, real property. relating to real property. develop a preliminary cost estimate of those repairs. conjunction with the County. list in Purchase the properties throughout Butler County. Petition for real property conservatorships pursuant to the authority set forth in and Blighted Property Conservatorship Act, P.L. 1672, No.135, 68 P.S. $1101 et the seq. Abandoned Serve as real property conservator pursuant to the authority set forth in the Abandoned Blighted Property Conservatorship Act, P.L. 1672, No.135, 68 P.S. $1101 et seq. Purchase real property sold pursuant to the authority set forth In the Abandoned and Property Conservatorship Act, P.L. 1672, No.135, 68 P.S. $1101 et seq. Based Paint Poisoning Prevention Act. All homes bullt before 1978 will be Comply tested with the Lead- Assure and be responsible for compliance with all environmental and historic Assure compliance with the floodplain management requirements oft the Flood Act of 1973 and the Pennsylvania Flood Plain Management Act. Assure compliance with Federal Labor Standards, where applicable. Prepare proposal information, solicit, open, and review proposals, notify results. Inform contractors they must comply with all local codes and obtain building permits as per the Butler County Municipal Officials' List, as previously provided. Prepare construction Contract/Agreement, mechanics lien Agreement, and Blighted for Lead and requirements of the Disaster Protection Asbestos. PHARE Funds. successful prior to construction, documents between Authority and contractor, and arrange for fling of the mechanics arrange execution lien. of Perform in-progress and final inspections of jobs and evaluate contractor's work ensure Issue notice to proceed. and plumbing inspections. isc completed according to speclfications. Obtain all necessary code to that It Inspections such as electrical -2- Process progress and final payments in a timely fashion. Prepare and issue change orders, as necessary. Obtain contractor's work completion warranty. Complete final inspection and approve Respond to any complaints or disputes that may arise during the constructonrenabitalon Cooperate with and respond to monitoring visits and any possible monltoring findings. Remain available to the County for the purpose of resolving any possible audit findings and/or Rent new homes out, adding them to the Affordable housing stock in Butler County. Section 8 final payment. process. legal claims involving the PHARE Funds. vouchers will be accepted. ARTICLE Il. TIME OF PERFORMANCE The services of the Authority rendered in connection with the PHARE Funds shall commence upon execution of the Agreement and shall be undertaken and completed in such sequence as to assure their expeditious completion in light of the purposes oft this Agreement. All the services required under this Agreement shall be completed according to the PHARE Fund award, unless a change in time is mutually agreed upon by written change order. ARTICLE III. COMPENSATION The Authority shall be paid as follows: A. Authority will be paid an administrative fee of 5% of the total grant in addition to other soft costs as described in the. Agreement award. It Is expressly understood and agreed to by the parties to this Agreement that the above listed compensation includes all over head B. The amount of grant money awarded to the County from the PHARE Funds is $250,000. administrative duties that are not direct service to the project. The amount off funding payable to the Authority shall be $250,000. C. All direct delivery costs wil be invoiced at aj per hour billable rate. D. The Authoritywill receive full reimbursement for each environmental testing completed int the amount that was invoiced by the contracted company in connection with the Project. E. The Authority will receive full reimbursement of all legal costs associated with the Project. F. The Authority will receive full reimbursement of all contractor fee amounts that arel invoiced byac contracted company In connection with the Project. ARTICLE IV. METHOD OF PAYMENT The Authority shall be paid within (30) days upon submittal of a requisition or similar process as agreed to by the Authority and the County for payment itemizing the work performed under this Agreement. -3- ARTICLE V. TERMINATION (a) TERMINATION OF AGREEMENTFOR CAUSE: If through any cause the Authority shall fail to fulfill in a timely and proper manner its obligations under this Agreement, the County shall thereupon have the right to terminate this Agreement by glving written notice to the Authority specifying the effective date of termination. Said notice shall be given in writing to the Authority. Ini the event that the County gives notice of termination pursuant to this Section, the Authority shall have the right to cure its default within thirty (30) days ofreceipt ofnotice of termination. In such event, alli files and records prepared and/or used by Authority in the administration of this Agreement shall become the property of the County and the Authority shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Authority shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement by the Authority and the County may withhold any payments to the Authority for the set-off until such time as the exact amount of damages due to the County purpose from the Ifthrough any cause the County shall fail to fulfill in ai timely and proper manner its under this Agreement, the Authorityshallt thereupont have ther right to terminate this Agreement obligations by giving written notice to the County specifying the effective date of termination, In the event that the Authority gives notice of termination pursuant to this Section, the County shall have the right to cure its default within thirty (30) days of receipt of notice of termination. In such event, the Authority shall be entitled to receive just and equitable compensation for any work Notwithstanding the above, the County shall not be relieved of liability to the Authority for damages sustained by the Authority by virtue of any breach of the Agreement by the of Authority is determined. satisfactorily completed hereunder. County. (b) TERMINATION OF AGREEMENT FOR CONVENIENCE: Either party may terminate this Agreement at any time by giving at least ten a notice in writing to the other party. If the Agreement is terminated by the County (10) day as provided herein, the Authority will be paid for the time provided in performance Agreement tasks as enumerated under Article IlI of this Agreement entitled of "Compensation" up to the termination date. ARTICLE VI. RECORDS The Authority shall maintain, using accepted procedures, complete and accurate records and accounts, including documents, correspondence, costs estimates, bids, and other such necessary to perform all services required and more fully defined under any time during normal business hours and as often as County deems "Scope shall make sald records and accounts available for inspection by the necessary, or Its the Authority representatives or assignees and will permit County to audit, examine, County and make duly authorized of Services". items coples of such At records. 4- Iti is expressly understood that said records and accounts are the property of the County and that the same may be placedi in the custodyoft the County at the completion of the duties under' "Scope of Services" or Termination of Agreement, whichever occurs first. ARTICLE' VII. HOLD HARMLESS The Authority agrees to release, defend, indemnify, protect and hold harmless the County, its agents and employees from any and all claims, demands, liability, damages, costs and expenses, including without limitation, court costs and attorney's fees resulting from any and all loss of life or property, or from injury or damage to the person or property of any person, firm, corporation or entity arising out of or in consequence of this Agreement. The Authority's release and indemnity hereunder shall survive this Agreement. ARTICLE VIII. SEVERABILITY Should any section or any part of any section of this Agreement be rendered void, invalid or unenforceable by any court of law for any reason, such a determination shall not render void, invalid or unenforceable any other section or part of any section oft this Agreement. ARTICLE IX. SUBCONTRACTS The Authority shall not execute or concur in any subcontract with any person or entity In any respect concerned with the Project without prior written approval of the County. ARTICLE: X. CHANGES The County may from time to time, request changes in the Scope of Services of the Authority to be performed hereunder. Such changes, including any increase or decrease in the amount of the Authority's Compensation, which are mutually agreed upon by and between the County and the Authority shall be Incorporated in written amendments to the Agreement. During the term of thls Agreement, the Authority agrees to the following: ARTICLE XI. NONDISCRMNATION. CLAUSE (a) Authority shal! not discriminate: against anye employee, applicant for employment, Independent contractor, or any other person because of race, color, religious creed, ancestry, national origin, age, or sex. Such affirmative action shall include, but is not limited to: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. Consultant shall post inc conspicuous places, available to employees, agents, applicants for employment, and other persons, a notice to be provided by the contracting agency setting forth the provisions of this (b) Authorityshall in advertisements or requests for employment placed byi itoroni Its behalf state that all qualified applicants will receive consideration for employment without regard to race, (c) Authority shall send each labor union or workers' representative with which it has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of Its commitment to this nondiscrimination clause. nondiscrimination clause. color, religlous creed, handicap, ancestry, national origin, age, ors sex. -5- Similar notice shall be sent to every other source of recruitment regularly utilized (d) Itshall be no defense to at finding ofr noncompliance with this nondiscrimination clause that Authority had delegated some of Its employment practices to any or other source of recruitment which prevents it from meeting its unlon, training program, the evidence indicates that the Authority was not on notice of the third-party obligations. discrimination However, if or made a good faith effort to correct it; such factor shall be considered in (e) Where the practices of a union or any training program or other source of recruitment result in the exclusion of minority group persons, so that Authority will be unable will its obligations under this nondiscrimination clause, Authority shall then vacancies through other nondiscriminatory employment procedures. () Authority shall comply with all State and Federal laws prohibiting discrimination in or employment opportunities. In the event of Authority's noncompliance hiring nondiscrimination clause oft this Agreement orwith any such terminated or suspended, in whole or in part, and Authority laws, may be this declared Agreement mayb be Ineligible for further County contracts, and other sanctions may bei imposed and temporarily remedies Authority. by determining appropriate sanctions. mitigation in to meet employ and fill with the Invoked. (g) Authority shall furnish all necessary employment documents and records access to its books, records, and accounts by the contracting investigation to ascertain compliance with the provisions of this clause. agency If for purposes of possess documents or records reflecting the necessary information such Information on reporting forms supplied byt the contracting agency. requested, (h) Authority shall actively recruit minority and women subcontractors or subcontractors substantial minorlyrepresentation among their employees. () Authority shall include the provisions oft this nondiscrimination clause ine so that such provisions will be binding upon each subcontractor. to, and permit Authority it shall does not furnish with every subcontract, () Authority's obligations under this clause are limited to the Authority's facilities within Pennsylvanla, or where the Contract is for purchase of goods manufactured outside of Pennsylvania, the facilities at which such goods are actually produced. ARTICLE XII. NONWAIVER OF REMEDIES No provision of this Agreement shall be construed in any manner sO as to create parties not party to this Agreement. It shall be interpreted solely to define specific any rights duties in third responsiblities between the County and the Authority and shall not provide basis any other individual, partnership, corporation, organization, or municipal any and for claims of entity. ARTICLE. XIII. ENTIRE AGREEMENT This Agreement, when signed by all the parties hereto, constitutes the full and understanding and agreement oft the parties of its express terms as provided above. complete -6- ARTICLEXIV. CONSTRUCTION This Agreement shall be Interpreted and construed in accordance with Federal law where applicable, and with the laws of the Commonwealth. All of the terms and conditions of this Agreement are expressly intended to be construed as covenants as well as conditions. The titles of the sections and subsections herein have been inserted as a matter of convenience and reference only and shall not control or affect the meaning or construction of any of the terms or provisions herein. ARTICLE. XV. ASSURANCES 1. The Contractor makes assurances that it will carry out its responsibilities under this Agreement In compliance with the following statutes, regulations or guidelines, as applicable. (a) Labor Standards (1) Davis-Bacon Act, P.L. 86-624, as amended (40 U.S.C. 276a-276a-5.) (2) Contract Work Hours and Safety Standards Act, P.L. 87-581 (40 U.S.C. (3) Section 30 of the Housing and Urban Development Act of 1958, P.L. 90-448 (4) Copeland. Anti-Kickback. Act, P.L. 850800 (40U.S.C.276c). 327 et. seq.) (12 U.S.C. 1701u). (5) DOL regulations at 29 CFR Parts 1, 3,5,6, and 7. These regulations implement the Davis-Bacon Act, the Contract Work Hours and Safety (6) Section 110 of the Housing and Community Development. Act of 1974, P.L. Standards Act and the Copeland Act. 93383, as amended. (b) Equal Opportunity: (1) Title VI of the Civil Rights Act of 1964; P.L. 88-352 (42 U,S,C. 2000d et (2) Title VIII of the Civil Rights Act of 1968, P.L. 90-284 (42 U.S.C. 3601 et seq.)as amended by the Fair Housing Amendments Act of 1988, P.L. 100- (3) Executive Order11063, Equal Opportunityl inl Housing, November 20, 1982 (27 FR 11527), as amended by Executive Order 12259, December 21, 1980 (46 FR 1253) and HUD regulations at 24 CFR Part 107. (4) Section 109 of the Housing and Community! Development Act of 1974, P.L. (5) Age Discrimination Act of 1975, P.L. 94-135 (42 U.S.C. 6101 etseg.). seq.)and HUD regulations at 24 CFR Part1. 430 (the Fair Housing Act). 93383 (42 U.S.C. 5309) as amended. 7. (6) Section 504 of the Rehabilitation Act of 1973, P.L. 95-602 (29 U.S.C.7 794). (7) Executive Order 11246, Equal Opportunity in Federal Employment, September 24, 1965 (30 FR 12319), as amended by Executive Order October 5, 1978 (43 FR 46501) and HUD regulations 24 CFR Part 130 12086, and (8) Executive Order 11625, Minority Business Enterprise October 14, 1971 (36 (9) Executive Order 12138, Women's Business Enterprises, May 18, 1979 (44 (10) Pennsylvania Human Relations Act, P.L. 4743PS.951-giseu) 41 CFR Chapter 60). FR19967). FR29637). (c) Construction Standards: (1) Title VI of the Lead-Based Paint Poisoning Prevention Act P.L. 91-695, as (2) Architectural Barriers Act of 1968 P.L. 90-480, as amended (42 U.S.C. (3) Section 6002 of the Resource Conservation and Recovery Act of 1976, P.L. 94-580, as amended (42U.S.C. 6962), and regulations at 40 CFRF Part2 249. (4) 24 CFR Part 39, Cost Effective Energy Conservation Standards. (5) Pennsylvania Steel Products Procurement Act P.L. 6(73P.S. 1881 etseg.). (6) Separate specifications for plumbing, heating, ventilating and electrical work; separate bids and contract, P.L. 546 (71 P.S. 1618). amended (42 U.S.C. 4831). 4151 et seg.). (d) Access to information: Itwill provide reasonable access to citizen's information regarding PHARE Funds assisted activities and management. (e) Displacement: Itwill minimize displacement of person(s) as a result of activities assisted PHARE Funds. Vlolating Facilities List: by Itw will insure the facilities under its ownership, lease or supervision which shall utilized in the accomplishment of a program are not listed on the Environmental be Protection Agency's (EPA) list of Violating Facilities and that it will the receipt of any communication from the Director of EPA Office notify of Federal Activities Indicating that a faclity to be used in the project is under consideration PHFAof for the listing by the EPA. -8- () Section 102 oft the HUD Reform Act: It will comply with the requirements of Section 102 of the HUD Reform Act of 1989. Int the event that the project funded under the Agreement includes acquisitions and/or relocation, the Contractor will complywith the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, P.L. 91-646, as amended (42 U.S.C. 4601 etseq.). HUD regulations at 24 CFR Part 92.634 and the Eminent Domain Code, Act of June 22, 1964, Special Session, P.L. 84, as amended, 26 P.S. 1-101 ets seq. (g) Acquisition/Relpcation: (h) Period of Affordability: (1) Notwithstanding to Article I, this Agreement remains in effect during the period for affordability under 24 CFR 92.252 or 92.254 as applicable. (2) Ifthe assisted housing does not meet the affordability requirements fort the specifled period, the Contractor must repay the funds. () Use of Program Income: (1) Interest earned on PHARE Funds shall be expended on eligible Acquisition (2) Proceeds from the sale of property assisted with PHARE Funds. These payments of liens shall be expended on eligible Acquisition and Rehabilitation and Rehabiitation activities. activities at the Authority's discretion. () Uniform Administrative Requirements: (1) Ifthe Contractor is a governmental entity (sub-recipient or state recipient) the Contractor must comply with the requirements of OMB Circular A-87 and the following requirements of 24 CFR Part 85: 85.6, 85.12, 85.20, (2) Ifthe Contractor is a non-profit organization the requirements of OMB Circular A-122 and the following requirements of 24 CFR Part 84: 84.2, 84.5, 84.1384.16, 84.21, 84.22, 84.26-84.28, 84.30, 84.34-37, 84.40- 84.84, 84,51, 84.6084.62, 84.72, and 84.73; and Executive Orders 11063, 85.22, 85.26, 85.35, 85.36,85.44, 85.51, and 85.52. 11625, 12138, 12432, and 12892. (K) Project Requirements: (1) The Contractor must comply with the project requirements of 24 CFR Part 92 Subpart F as applicable based on the type of project assisted. Areas covered by subpart F: Maximum per-unit subsidy, quallfication as affordable housing and income targeting: Rental housing, tenant and participant protections, qualification as affordable housing: home ownership, mixed-Income project, mixed-used project, religious organizations, and limitations on the use of PHARE Funds with FHAI mortgage insurance. -9- (I) Housing Quality Standard: The owners ofr rental housing assisted with PHARE funds must maintain their inc compllance with applicable Housing Quality Standards 24 CFR 982.401 and housing local housing code requirements for the duration of the affordability period. (m) Other Program Requirements: The Contractor must carry out the activity in compliance with all federal laws and regulations described in 24 CFR Part 92 subpart H. (n) Affirmative Marketing: The Contractor must adopt affirmative marketing procedures and requirements that meet the requirements of 24 CFR 92-351(a) and (b). (o) Conditions for Religious Organizations: The Contractor, where applicable, must comply with the conditions 24 CFR 92.257 for use of PHARE Funds by religious organizations. prescribed in (p) Request for disbursement of Funds: The Contractor may not request disbursement of funds under this the funds are needed for payment of eligible costs. The amount for Agreement each untl must be limited to the amount needed. request (q) Reversion of Assets: Upon expiration of this Agreement, the Contractor must transfer to the PHARE Funds on hand at the time of expiration and any accounts PHFA any attributable to the use of PHARE Funds. receivable (r) Records and Reports: Atar minimum the Contractor must maintain the following records. (1) Project Records: a. Records that demonstrate that each project meets the standards in 24 CFR92.251. property b. C. d. Records that demonstrate that each rental housing project meets the requirements of 24 CFR 92.252 for the required period of affordability. Records must be kept for each family assisted. Records that demonstrate compliance with the requirements 92.253 for tenant and participant protections. Records that demonstrate compliance with the requirements 92.254 fora affordable housing for each family assisted. of in -10- e. Equal opportunity and fair housing records containing data on the extent to which each racial and ethnic group and single-headed households have applied for, participated in, or benefited from, any Documentation of actions taken to meet the requirements of 92.350. Documentation of the action taken to affirmatively further fair housing. Records indicating the affirmative marketing procedures and Records demonstrating compliance with 92.353 regarding displacement, relocation, and real property acquisition, including Records demonstrating compliance with Labor requirements In 92.354, including contract provisions and payroll records. Records concerning lead-based paint under 92.355. Records supporting requests for waivers of the conflict of interest m. Records on certifications concerning debarment and suspension program or activity. f. g. h. i. j. k. I. requirements under 92.351. project occupancy lists. prohibition in 92.356. required by 92.357. (2) Performance Reports: Contractors must supply data and other information requested by the PHFA required to satisfy the reporting requirement. (3) Project Record Retention Requirements: a. The Contractor must retain all program records for a five (5) year period from the date of final audit or closeout of this contract by the PHFA. Should any litigation, claim, negotiation, audit, monitoring, inspection or other action occur before the expiration of the required record retention perlod, records must be retained until completion of the action and resolution of all Issues which arise from it, or until the b. The Contractor must retain project records on each unit/project end or the required period, whichever is later. assisted in accordance with the following: (1) For homeowner rehabllitation projects: Individuals rehabilitation; project files must be maintained for at five (5)year period beginning with the date of project completion as listed int the Cash and Management Information Systems (CMIS). -11- (2) For homebuyer projects: Individual homebuyer project files must be maintained for a five (5) year period beginning with the date of project completion as listed in CMIS. In addition, documents Imposing resale or recapture provisions must be maintained for a period of five (5) years after the affordability (3) For projects involving relocation and acquisition activities: Records covering displacements and acquisition must be retained for five (5) years after the date by which all persons displaced from the property and all persons whose property is acquired for the project have received the final payment tov which they are entitled according to regulations. (4) For rental housing projects: Rehabilitation housing project files must be maintained for a five (5) year period beginning with the date of project completion as listed in CMIS. In addition, records of individual income verification, project rents and project Inspections must be retained for the most recent five (5) year period, until five (5) years after the period date. affordability period terminates. (s) Enforcement oft the Agreement: (1) Contractor, to ensure the intended beneficiaries benefit from the or activity, must establish a means of enforcement that may include program liens on real property or deed restrictions. The affordability requirements must (2) Inaccordance with 24 CFR 85.43, suspension ort termination may occur ift the Contractor materially fails to comply with any terms of this contract, and the contractmay! be terminatedi for AhMAACHAX be enforced by deed restrictions. (t) Duration of Agreement: (u) Monitoring: The Contractor isi in effect for the periodofaffordabilily required by /92.2520r92.254. (1) PHFA will monitor the Contractor to assure compliance with the PHARE Funds program regulations andr requirements and will take appropriate action when performance problems arise. (v) Firel Protection and Safety Standards: It will comply with the provisions of the Fire Administration Authorization Act 1992 (P.L. 102-522). of -12- (w) Lower Tier Covered Transactions: The Contractor will abide by Executive Order 12549 regarding debarment, suspension, ineligibility and voluntary exclusion. 2. The Authority certifies that it nelther knows nor has reason to know of any legal action pending or threatened against it or its principles which would in any way affect or threaten 3. The Authority certifies that it neither knows nor has reason to know of any legal action pending or threatened or of any proposed changes in local, state or federal laws which may prevent or impede the project from being commenced or completed and used as 4. The Authority agrees to notify the County of any facts or circumstances which arise hereafter whichhave given rise to any legal actionwhichr may prevent or impede the Project from being 5. The Authority certifies that it will ensure compliance with all federal and state accessibility 6. The Authority certifies thati it is subject to and will comply with the terms and conditions of the Agreement between the County and the Pennsylvania Housing Finance. Agency dated July 29, 2022, which is attached hereto and incorporated herein as Exhibit A. 7. The Authority agrees to promptly notify the County of any facts or circumstances which arise hereafter which could cause the Authority or the Countyt to be In breach of the terms and conditions of the Agreement between the County and the Pennsylvania Housing to affect the financial condition of the Authority or the Project. intended herein. commenced, completed and used as intended herein. standards and fair housing laws applicable to affordable housing. Finance Agency dated August 11, 2023. ARTICLE: XVI. CONTRACTOR INTEGRITY: 1. Definitions. a. Confidential information means Information that Is not public knowledge, or avallable to the public on request, disclosure ofwhichwould give an unfair, unethical, or illegal b. Consent means written permission signed by a duly authorized officer or employee of the County, provided that where the material facts have been disclosed, in writing, by pre-qualification, bid, proposal, or contractual terms, the County shall be deemed to Consultant means the individual or entity that has entered into this Agreement, including directors, officers, partners, managers, key employees, and owners of advantage to another desiring to contract with the County. have consented byvirtue of execution of this Agreement. C. d. more than a five percent (5%)l Interest. Financial Interest means: (1) Ownership of more than a five percent (5%) interest In any business; or -13- (2) Holding a position as an officer, director, trustee, partner, employee, or the e. Gratuity means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. like, or holding any position of management. 2. The Consultant shall maintain the highest standards of integrity in the performance oft this Agreement and shall take no action in violation of State or Federal laws, regulations, or 3. The Consultant shall not disclose to others any confidential information gained by virtue 4. The Consultant shall not, in connection with this or any other Agreement with the County, directly or indirectly, offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for the decision, opinion, recommendation, vote, other exercise of discretion, or violation of al known legal duty by any officer or employee of the County. 5. The Consultant shall not, in connection with this or any other Agreement with the County, directly ori indirectly, offer, give, or agree or promise to give to anyone any benefit of or at the direction or request of any officer or employee of the County. gratuity Except with the consent of the County, neither the Consultant nor anyone in him shall accept or agree to accept from, or give or agree to give to, any person privity any gratuity from any person in connection with the performance ofwork under this Agreement 7. Except with the consent of the County, the Consultant shall not have a financial interest in any other contractor, subcontractor, or supplier providing services, labor, or material on 8. The Consultant, upon being informed that any violation of these provisions has occurred 9. The Consultant, by execution of this Agreement and by the submission of any bills or invoices for payment pursuant thereto, certifies and represents that he has not violated 10. The Consultant shall, upon request of the Office of State Inspector General, or the of Butler, reasonably and promptly make available to that office and its representatives, County for inspection and copying, all business and financial records of the Consultant of, concerning, and referring to this Agreement with the County or which are otherwise 11. For violation of any of the above provisions, the County may terminate this and other Agreement with the Consultant, claim liquidated damages In an amount equal to any the value of anything received in breach of these provisions and claim damages for all expenses incurred in obtaining another Consultant to complete performance hereunder. These rights and remedies are cumulative and the use or nonuse of anyone shall not preclude other requirements that govern contracting with the County. of this Agreement. for the with 6. except as provided thereln. this Project. orr may occur, shall immediately notify the County in writing. any of these provisions. relevant to the enforcement of these provisions. -14- the use of all or any other. These rights and remedies are in addition to those the County IN WITNESS WHEREOF, the duly authorized officers of the parties hereby set their hands and may have under law, statute, regulation, or otherwise. seals, causing this Agreement to be executed and legally binding. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR BUTLER COUNTY Leslie A. Osche, Chairman Kimberly D. Geyer, Vice Chairman Kevin E. Boozel, M.S., Secretary Lori Altman, Dir, Of Human Res/Chlef Clerk APPROVED FOR FORM AND LEGALITY: Julie M. Graham, Butler County Solicitor WITNESS: ymi REDEVELOPMENT AUTHORITY COUNTY OF BUTLER If Edward P. Mauk, Chlef Exécutive Officer A W -15- EXHIBIT "A" The Pennsylvania Housing Affordability and Rehabilitation Enhancement Fund 2024 Grant Agreement Entered into As of September 9, 2024 Docusign Envelope ID: 6673BFE1-45ED-4CF8-BEDE-SADCDBE76BE9 2024-PHARE-BUTLER THEFENNSYLVANIA HOUSING AFFORDABILITY, AND REHABILITATION This Grant Agreement (this' "Agreement") is entered into as of this 9th day of September 2024, between BUTLER COUNTY COMMISSIONERS, located at 124 W Diamond Street, Butler, Pennsylvania, 16001, (the "Grantee")and PENNSYLVANIA HOUSING FINANCE AGENCY,a public corporation and government instrumentality, created by and existing pursuant to the Housing Finance Agency Law, 35 P.S. Section 1680.101 et seq., as amended, having a principal office at 211 North Front ENHANCEMENTFIND 2024 GRANT AGREEMENT Street, Harrisburg, Pennsylvania 17101 (the' "Agency"). ARTICLEL BACKGROUND WHEREAS, the Pennsylvania General Assembly established the Pennsylvania Housing Affordability and Rehabilitation Enhancement Fund through Act 105 of 2010 ("PHARE") to create a WHEREAS, the Pennsylvania General Assembly enacted the Marcellus Shale impact fee legislation, Act 13 of2012, (the "Impact Fee. Act") which makes specific allocations to the PHARE Fund to address housing needs in counties with producing unconventional gas wells that have adopted a local WHEREAS, the PHARE Fund can be used to provide dwellings for low and moderate-income individuals or families; to increase the availability or quality of] housing for elderly persons and accessible housing for persons with disabilities; to prevent and reduce homelessness; to develop and rehabilitate distressed neighborhoods; for mortgage or rental assistance including housing counseling, foreclosure prevention and refinancing products; or to provide loans or grants to low and moderate income owner WHEREAS, PHARE allows the Agency to develop an allocation plan ("Plan") which gives preference to projects that meet specific goals, considers geographical distribution of program funds, and makes 30% offunds available for housing programs benefitting households with income less than 50%of WHEREAS, the Impact Fee Act provides for impact fees relating to activity in the Marcellus Shale region of the Commonwealth and includes funding for the PHARE Fund in certain counties of the WHEREAS, the Grantee desires to utilize proceeds from the PHARE Fund to create, rehabilitate and/or support affordable housing in: a qualified region of the Commonwealth (the' "Project"); and NOW, THEREFORE, in reliance upon the information provided in Grantee's proposal (the "Proposal"), which is incorporated herein as Exhibit A, Grantee's representations, warranties, assurances, promises, and covenants set forth herein, the parties hereto, intending to be legally bound hereby, agree as housing trust fund (the' "PHARE Fund"); and impact fee; and occupants for repairs or improvements of their homes; and the median area income; and Commonwealth; and follows: Pagelof19 2024 PHARE GRANT AGREEMENT (MS) BUTLER COUNTY-BUTLBR COUNTY ACQUISITION AND REHABILITATION: PROGRAM (BAR) Docusign Envelope ID:6 /BFE14SEDACFBEDDESADCOBE78BE9 ARTICLEI, EFFECTIVEDATES The term of this Agreement shall commence upon full execution and shall terminate the return of the Grants funds to the Agency; 2) the recapture of the Grant funds reporting by the requirements or and/or years from the date hereof, subject to renewal and extension by written approval oft the Agency; 3)two unless terminated earlier pursuant to Article X. Full execution of the. Agreement means parties that it ("Term"), has been signed byt the Grantee and! byt the Agency and contains alla approvalsr required by Commonwealth contracting procedures. Certain obligations will survive thet term as specifically set forth int this Agreement. incurred by Grantee prior to the commencement of the Term are incurred. at the Grantee's risk. Any costs earlier of: 1) the completion, review and acceptance by the Agency of any upon the ARTICLEILL PAYMENT AND) FISCALPROVISIONS 1. Subject to the availability of proceeds from the PHARE: Fund and the terms and conditions of this Agreement, the Agency agrees to make TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000), (the "Gran!") available to Grantee to pay for costs and fees for the purposes set forth in the Proposal, as approved by the Agency. The Grant is expressly contingent upon the fulfillment of the requirements relating to thel PHARE: funding. The. Agency reserves the availability right to and 2. Grantee shall deposit the Grant intos ab bank or other financial institution ina as separate and 3. The Agency reserves the right to request an accounting of all expenditures under this Agreement and tor review, from time tot time, any work inj progress as it deems appropriate. Grantee thati it will uset the Grant to carry out thel Projecti in accordançe with the terms of this Agreement. IfGrantee agrees does not usea all oraj portion ofthe Grant fort thej purposes ofand in accordance with thet terms and conditions ofthis Agreement, Grantee shall be liable to the Agency for the amount of the Grant unused or used and shall return said funds to the Agency upon the Agency's demand. 4. Grantee shall make every effort to disburse, expend, and carry out program expeditious fashion. In all events, funds not used for eligible program purposes within 18-months activity from the execution of this Agreement may be recaptured by the Agency. 5. If the Agency is entitled to repayment of all or a portion of the Grant, the include interest at a reasonable market level determined by the Agency and mayi include an repayment assessment shall of costs and fees associated with any related recovery actions. 6. The Grant has been approved for certain specified activities and in the amounts as Exhibit A. In the event Grantee has more than one specified Project activity, the amounts set forth in each activity have been includedi in Exhibit A. Grantee may: not' "reallocate" or adjust funding approved between the for of adjust the special Grant. interest-bearing expenditures account. The account shall be insured by the FDIC. improperly in an approved Projects without prior written approval oft the Agency. Page2of19 20241 PHARE GRANT. AGREEMENT (MS) BUTLER COUNTY-BUTLER COUNTY ACQUISITION ANDI ABABNLITATOMPROOAMEN) Docusign Envelope ID: 6673BFE1-45ED-4CF8-BEDE-SADCD8E76BE9 ARTICLEIV, REPRESENTATIONS ANDWARRANTIES The Grantee represents and warrants that: (a) The Grantee is duly organized and exists under thel laws of the Commonwealth ofl Pennsylvania and has all the power and authority to administer and operate the Project and to consummate the (b) This Agreement has been duly and validly executed and delivered by the Grantee and constitutes as valid and legally binding obligation enforceable in accordance with its terms. (c) There is no action, suit or proceeding pending, or to the best of Grantee's knowledge threatened, against or affecting Grantee in any court at law or in equity, or before or by any governmental instrumentality, whether federal, state, county or municipal, affecting Grantee's existence, ther real and personal property of Grantee or affecting Grantee's ability to carry out and perform the duties (d) Grantee will, at all times during this Project, meet or exceed the. Agency's eligibility criteria as outlined in Exhibit B which (ifa applicable) is attached hereto and incorporated: herein! IfGrantee becomes ineligible for the Grant during the term of this Agreement, then Grantee will be in violation of this Agreement, regardless of when such ineligibility occurs, and the Agency may immediately suspend funding and demand repayment of all amounts paid to Grantee. Grantee shall immediately reimburse the Agency for any funds used in violation ofthis Agreement. (€) Grantee will allocate a minimum of thirty percent (30%) of the Grant to assist households below fifty percent (50%) oft the median area income (as determined' by thel U.S. Department ofHousing and Urban Development) for Grantee County. Householdi income shall be determined ont the date assistance is provided to al household. Grantee shall ensure that documentation is available tot the Agency regarding! household income and satisfaction oft this minimum set aside upon request. () Grantee will not use any portion of the Grant to benefit households whose income is greater than twol hundred percent (200%) of the median area income (as determined by the U.S. Department (g) Grantee agrees that the Agency may offset the amount of any misused portion of the Grant that iso owed tot the Agency against any payments due under this or any other. Agreement with the transactions contemplated. in this Agreement. ofthel Project. ofHousing and Urban Development) for Butler County. Commonwealth. ARTICLEV. GRANTEE'S COVENANTS The Grantee hereby covenants and agrees that its shall: (a) not usei more than five percent (5%) oft the Grant for administrative purposes. (b) comply with all federal, Commonwealth and local laws, regulations, and requirements (c) supply any information to the Agency that the Agency requires for reports in connection with the use ofthe Grant in the form andi manner. required by the Agency. applicable to thel Project. Page 30 of19 2024 PHARE GRANT AGREEMENT (MS) BUTLER COUNTY-BUTLER COUNTY ACQUISITION. ANDI REHABILITATION PROGRAM (BAR) Docusign Envelope ID: 6/BFE14SEDACFBEDDE-ADCD8E78BES (d) be able to demonstrate to the Agency that the Project is at all times financially feasible. e) use the Grant to carry out the Projecti inai manner consistent with PHARE, the Impact Fee ensure that all subgrantees and program administrators comply with all provisions ofthis Agreement, monitor, and inspect work completed using the funds andi require all requisite reporting from subgrantees as necessary to complete all close out and reporting (g) ensure that its administration ofthe Project and all distribution of funds fort the Project is ina accordance with all local, state, and federal laws and regulations governing applicable procurement programs, wage rates and labor standards, equal opportunity, accessibility, (h) provide the Agency with copies of advertising materials used, any related program agree that the rights and duties hereby granted to and assumed by the Grantee are those of an independent contractor only. Nothing contained herein shall be sO construed as to create an employment, agency or partnership relationship between the Agency and the Act and Agency requirements. requirements oft the. Agency. and fair housing. manuals and guidelines and documents used in thel Project. Grantee. conduct all bidding in accordance with state law. information, including monthly updates. relating to the Project and/or. PHARE. working with: first time homebuyers. (k) participate in PAHousingSearch.com by providing vacant unit and occupancy provide the Agency with copies of any studies, including housing studies, undertaken (m)if applicable, contact the Agency for information related to its lending network if ARTICLEVI SCOPEOF WORK 1. ComsinuclonRelwbilaion Activities. Grantee shall obtain or cause to be obtained all applications, permits, and governmental. approvals necessary for the construction or rehabilitation ofthel prior to the commencement of construction related activity on the site and thereafter, in the construction, rehabilitation and operation ofthe housing being funded through the Project. ordinary 2. PLAN. Grantee agrees to adhere to and be bound by the Plan as established by the Agency. 3. Construction and Project Monitoring. Grantee acknowledges that the Commonwealth entities, as necessary, have the right to monitor the activity on any course Project of Agency site and other through the Project during and after construction with or without notice to Grantee property Grantee's being funded business hours. during normal Page 4of19 2024 PHARE GRANT AGREEMENT (MS) BUTLER COUNTY-BUTLER COUNTY ACQUISITION. AND REHABILITATION NPROGRAM(BAR) Docusign Envelope ID: 6673BFE1-45ED-4CF-BEDE-SADCDBE76BE9 ARTICLEVIL, REPORTINGI REQUIREMENTS 1. Within thirty (30) calendar days from the end ofeach semiannual period, Grantee shall deliver to the Agencyar report containing ai final report with an itemized list ofGrant expenditures (his list is illustrative and not exhaustive). Ata minimum, this reporting information willi include household income data, amount expended per household or housing unit, geographic and demographic distribution of funds, list ofthird-party 2. The report shall be completed in a form and manner prescribed by the Agency. The. Agency reserves the right to require additional reports and may request additional information. The first report will be due to the Agency no later than January 31,2025, for Project activity from the date of this Agreement through December 2024. Reports will be due semiannually thereafter until all Grant funds are fully expended. A final Project report shall be due to the Agency within thirty (30) calendar days of the final vendors, placed in service date, and subcontractors employed to carry out the Project. expenditure ofthe Grant. ARTICLEVIIL. INSURANCE, ANDLIABILITY 1. Itist understood and agreed that Grantee's standard liability insurance policies shall protect, or shall be endorsed to protect, the Agency, for the Term of this Agreement, from claims of bodily injury and/or property damage arising out ofany activities performed by Grantee or its employees or agents under this Agreement, including business and non-business invitees, and their property and all other property sustaining damage as a direct result of the execution of this project when validly present on Grantee's premises, whether or not actually engaged in the project at the time the claim inures. Such policies shall not include any provision limiting then existing sovereign immunity rights of the Agency and/or the Commonwealth. Upon request, Grantee shall furnish to the Agency proof ofinsurance as required by this 2. Grantee shall furnish to Grantor proof ofi insurance as required by this paragraph upon request by the Agency. In the event that Grantee administers Grant funds for rental projects, for-sale or lease project or construction or rehabilitation project as part of the Project, Grantee shall provide annual insurance binder evidencing insurance coverage that protects the Grantor throughout the 3. Grantee shall provide Workers' Compensation insurance where the same is required and shall accept full responsibility for the payment of premiums for Workers' Compensation and social security and any other taxes or payroll deductions required by law for its cmployees who are performing activities 4. Int the event there is any construction or rehabilitation work beingi performed lusing Grant funds, Grantee shall ensure that all appropriate bonding is secured and that adequate policies of insurance and security are in place for any and all construction work being performed. Copies of these items must be paragraph. term of this Agreement. specified by this Agreement. provided to the Agency upon request. ARTICLEIX. ASSIGNMENT TRANSFER ANDCOLLATERALISE This Agreement may not be assigned or transferred by Grantee and Grantee may not delegate its duties hereunder without the prior written consent of Grantor. Approval of an assignment and/or reimbursement does not establisha any legal relationship between the Grantor and any other party, and under no circumstances shall the Grantor have any responsibility to any third party pursuant to such an assignment. The Grantor shall have no obligation to make any disbursements on behalf of Grantee to any Page 5of19 2024 PHARE GRANT AGREEMENT (MS) BUTLER COUNTY-BUTLER COUNTY ACQUISITION. AND REHABILITATION PROGRAM (BAR) Docusign Envelope ID:6 6728FE1-SED4CF8EBEDE-SADCDBE7EBE9 third party for any work done inc connection with the Project. ARTICLEX. EVENTS OFDEFAULT. AND SISFFASIONTRAARATIONG OF AGREEMENT 1. Upon written notice, the Agency may suspend payments and/or direct suspension part of thel Project. Each ofthe following shall constitute an event ofdefault to which the ofall or any such notice tos suspend: Agency may give (a) violations of laws or regulations; (b) failure to meet required Program eligibilitystandards; (c) misuse of funds; (d) violation of any term, provision, condition, obligation or representation or (e) failure to submit required documents upon request, failure to submit reports by their due dates. or when responsible public officials or private citizens make allegations of seti forth int this Agreement; or warranty mismanagement, malfeasance, or criminal. 2. During the term ofs suspension, the Grantee must cease disbursement oft the Grant funds alternative, the Agency shall retain and hold any un-advanced available portions of the shall have the right to cure any default or other circumstance that is the basis for the Grant.) Grantee within 3. Upon written notice, Grantor may terminate the. Agreement ifGrantee does not or other circumstance that is the basis for suspension within thirty (30) calendar days. In curea addition any default to ofthis Agreement shall bei immediately due tot the Agency upon demand and termination spent! by oft the in violation without cause, at any time by giving at least thirty (30) calendar days prior written notice Agreement, to the with or shall be returned to Grantor on or before the effective date of termination and all contractually obligated 5. This Agreement is immediately terminated upon the filing of a petition in reorganization or for an arrangement under any bankruptcy or insolvency law or for a receiver bankruptcy or for for any of its property is filed by Grantee, or a petition in bankruptcy or for reorganization or trustee arrangement under any bankruptcy or insolvency law or for a receiver or trustee ofa ofi or for an filed against Grantee, or ar receiver or trustee ofany property of Grantee is appointed, any or Grantee its property makes is assignment for the benefit of creditors, or admits in writing its inability to pay its adjudged insolvent by any State or Federal court of competent jurisdiction, or an attachment debts, of execution is is levied against any substantial portion of the property of Grantee. Grantor shall retain all undisbursed Grant funds. All rights to any previously disbursed funds held directly Grantee rights to any special interest-bearing expenditures account shall immediately revert to the considered part of the Grantee's and/or any 2023 Program activity's trust estate Agency or available for shall not other be (in the thirty (30) calendar days. suspension otherrights inl lawa and equity thati may be available to Grantor, all Grant funds Granteei any Agreement. Grantee of 4. Unless otherwise specified in this Agreement, Grantor may terminate this such termination specifying the effective date thereof. All monies not legally or made available to Grantor. Project records shall be or Grantee an by and or in a any purposes. Page 6of19 2024 PHARE GRANT AGREEMENT (MS) BUTLER COUNTY-BUTLER: COUNTY ACQUISITIONA AOIBANPATBAROANON, Docusign Envelope ID: 6673BFE1-45ED-4F8-BEDE-SADCDBE76BE9 ARTICLEXI RECORD KEEPING AND AUDIT REQUIREMENTS 1. The Agency or its authorized representatives, reserves the right to perform financial and/or performance audits as deemed necessary for three years from the end of the' Term of the Agreement. Ifit is decided that an audit ofthis Agreement willl bey performed, Grantee will be given advance notice. Grantee shall maintain books, records, and documents that support the services provided and the delivery of the Project and that demonstrate that all Grant funds were expended in accordance with the Agreement, and that Grantee has complied with the Agreement. Grantee shall make available, upon reasonable notice, at the office ofGrantee, during normal business hours, for the term of this Agreement and the retention period set forth int this section, any oft the books, records, and documents fori inspection, audit, or reproduction by 2. Grantee shall preserve all books, records, and documents related to this Agreement fora a period oft time that is the greater of three years from the. Agreement termination date or until all questioned costs or activities have been resolved to the satisfaction of the Agency. If this Agreement is completely or partially terminated, the records relating to the work terminated: shall be preserved and made available for 3. None ofthe above provisions under this section exempts Grantee from providing, upon request, access to such records to the Commonwealth or federal agencies or their authorized: representatives. This Agreement will remain in effect and be binding upon the parties thereto until the audit or closeout is 4. Grantee shall maintain ati its principal office or place ofbusiness complete and accurate records and accounts including documents, correspondence and other evidence pertaining to costs and expenses of 5. Ift the Agency determines that the full amount oft the Grant was not required to complete the Project or that the Grant was improperly used, then the unused Grant funds, improperly used or expended buti not required to complete the Project, shall be repaid to the Agency with interest (calculated at a rate of 3%1 from the date ofsuch improper expenditure as determined' by the Agency) upon demand. any state or federal agency or its authorized representative. aperiod of five years from the date ofany resulting final settlement. submitted and accepted by the Agency. this Agreement, and reflecting all matters and activities covered by this Agreement. ARTICLEXII, GRANTEE'S INTEGRITY 1. Itis essential that those who seek to contract with the Commonwealth of Pennsylvania "Commonwealth") observe high standards ofl honesty and integrity. They must conduct themselves in a manner that fosters public confidence in the integrity of the Commonwealth contracting and procurement process. Definitions. For purposes of these Grantee Integrity Provisions, the following definitions i, "Affiliate" means two or more entities where (a) aj parent entity owns more than 50% of the voting stock of each of the entities; (b) a common shareholder or group of shareholders owns more than 50%0 oft the voting stock of each oft the entities; or(c)the apply: entities have a common proprietor or general partner. Page7 7of19 2024 PHARE GRANT. AGREEMENT (MS) BUTLER COUNTY-BUTLER COUNTY ACQUISITION AND! REHABILITATION: PROGRAM (BAR) Docusign Envelope ID:6 6/38FE1-4SED-CFBBEDE-SADCDBEY8BES ii. "Grantee" means the individual or entity, that has entered into this Agreement with ili. "Grantee Related Parties" means any Affiliates of the Grantee and the Grantee's executive officers, Pennsylvania officers and directors, or owners of five percent or iv. "Financial Interest" means ownership of more than a five percent interest in any business or holding a position as an officer, director, trustee, partner, employee, or V. "Gratuity" means tendering, giving, or providing anything of more than nominal monetary value including, but notl limited to, cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. The exceptions set forth int the Governor's Code of Conduct, Executive Order 1980-18, as may be amended, 4F Pa. Code $7.153(b), apply. vi. "Non-Solicitation Award Process" means a method of awarding grants based on predetermined criteria, without the solicitation of grant applications. the Commonwealth. more interest in the Grantee. holding any position ofi management. Representations and Warranties. Grantee Representation and Warranties. The Grantee represents, to the best ofi its knowledge and belief, and warrants that within the last five years neither the Grantee 1. been indicted or convicted of a crime involving moral turpitude or business 2. been suspended, debarred, or otherwise disqualified from entering into 3. had any business license or professional license suspended or revoked; 4. had any sanction or finding of fact imposed as a result of a judicial or administrative proceeding related to fraud, extortion, bribery, bid rigging, 5. been, and are not currently, the subject ofac criminal investigation by any federal, state, or local prosecuting or investigative agency or civil anti-trust investigation by any federal, state, or local prosecuting ori investigative agency. nor Grantee Related Parties have: honesty or integrity in any jurisdiction; contract with any governmental agency; any embezzlement, misrepresentation or anti-trust; and ii. Contractor Explanation. If the Grantee cannot make the representations and warranties set forth above at the time ofi its submission ofi its grant application or ifthe Agreementi is awarded pursuant toa al Non-Solicitation Award Process att thet time ofthe execution of the Agreement, the Grantee shall submit a written explanation outlining the reasons why it cannot make those representations and warranties. The Commonwealth may, based on its evaluation of the explanation provided, determine whether iti is in the Commonwealth'sl best interest to execute the Agreement. Page 8of19 2024 PHARE GRANT AGREEMENT (MS) BUTLER COUNTY-BUTLER COUNTY ACQUISITION. AND BMABLITATOAPROGAMOND Dacusign Envelope ID: 6673BFE1-45ED-4CF8-BEDE-SADCDBE76BE9 ili. Further Representations. By submitting any bills, invoices, or requests for payment pursuant to the Agreement, the Grantee further represents that it has not violated any oft these Grantee Integrity Provisions during the term oft the agreement. iv. Notice. The Grantee shall immediately notify the Commonwealth, in writing, ifatany time during the term ofthe Agreement itl becomes aware ofany event that would cause the Contractor's certification or explanation to change. The Grantee acknowledges that the Commonwealth may, ini its sole discretion, terminate the. Agreement for cause ifit learns that any of the certifications made in these Grantee Integrity Provisions are currently false or misleading due to intervening factual circumstances or were false or misleading or should have been known to be false or misleading when entering into the Agreement. Grantee Responsiblities. During the term of this Agreement, the Grantee shall: i. maintain the highest standards ofhonesty and integrity. ii. take no action in violation of any applicable laws, regulations, or other requirements applicable to the Grantee that govern Commonwealth contracting or grant ini. establish and implement a written business integrity policy that includes, at a minimum, the requirements of these Grantee Integrity Provisions as they relate to the Grantee's activity with the Commonwealth and Commonwealth employees and ensure iv. not accept, agree to give, offer, confer, agree to confer, or promise to confer, directly ori indirectly, any gratuity or pecuniary benefit to any person, or to influence or attempt to influence any person in violation of any federal or state law, regulation, executive order, statement of] policy, management directive, or bulletin applicable to the award V. not have a financial interest in any other subgrantee, contractor, subcontractor, or supplier providing services, labor, or material under this Agreement, unless the financial interesti is disclosed to the Commonwealth in writing and the Commonwealth consents to Grantee's financial interest. The Grantee must disclose the financial interest to the Commonwealth at the time of submission ofits grant application, ori ifa Non-Solicitation Award Process is used, no later than the date the Grantee signs the Agreement. The Commonwealth shall be deemed to have consented if the required disciosure is received and all oft the required Commonwealth signatures are affixed. vi. comply with the requirements of thel Lobbying Disclosure Act (65 Pa.C.S. $ 13A01 et vii. comply with the requirements of Section 1641 oft the! Pennsylvania Election Code (25 P.S. $ 3260a) if this Agreement was awarded pursuant to a Non-Solicitation Award administration. that its employees comply with the policy. ofg grants or the administration of this Agreement. seq,)regardless of the method of award. Process. Page9of19 2024 PHARE GRANT AGREEMENT (MS) BUTLER COUNTY-BUTLER COUNTY. ACQUISITION ANDI REHABILITATION PROGRAM (BAR) Docusign Envelope ID:6 /28FE145ED-CFBBEDE-SADCDBE78BE8 vii. immediately notify the Commonwealth or the Office oft the State Inspector General, in writing, when the Grantee has reason to believe that any breach of ethical standards as set forth in law, the Governor's Code ofConduct, or these Grantee Integrity Provisions has occurred or may occur, including, but not limited to, contact by a Commonwealth officer or employee, which, ifacted upon, would violate the ethical standards. d. Investigations. Ifa State Inspector General investigation is initiated, the Grantee shall: reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of the State Inspector General for investigations of the Grantee's compliance with the terms of this or any other agreement between the Grantee and the Commonwealth that results in the suspension or debarment of the Grantee. The Grantee shall not be responsible for investigative costs for investigations that do not ii. cooperate with the Office of the State Inspector General in its investigation of any alleged Commonwealth agency or employee breach of ethical standards and any alleged Grantee non-compliance with these Grantee Integrity Provisions and make identified Grantee employees and volunteers available for interviews at reasonable iii. upon the inquiry or request of an Inspector General, provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the Office oft the State Inspector General to Grantee's integritya and compliance with these provisions. This information may include, but is not limited to, the Grantee's business or financial records, documents or files of any type or form that Termination. For violation of any oft these Grantee Integrity Provisions, the Commonwealth may terminate this Agreement and any other contract with the Grantee, claim liquidated damages in an amount equal to the value of anything received in breach of these Grantee Integrity provisions, claim damages for all additional costs and expenses incurred in obtaining another grantee to complete performance under this Agreement, and debar and suspend the Grantee from doing business with the Commonwealth. These rights and remedies are cumulative, and the use or non-use ofany one does not preclude the use of all or any other. These rights and remedies are in addition to those the Commonwealth may have under law, Subcontracts. The Grantee shall include these Grantee Integrity Provisions in its subgrant agreements, contracts, and subcontracts with all subgrantees, contractors, and subcontractors providing goods or services under this Agreement. The incorporation of this provision in the Grantee's subgrant agreements, contracts, and subcontracts shall not create between the Commonwealth and any subgrantee, contractor, or subcontractor, privity and no third- party beneficiaries are created by the inclusion of these provisions. If the Grantee becomes aware of a subgrantee's, contractor's, or subcontractor's violation of these Grantee shall use its best efforts to ensure their compliance with these provisions. provision, result in the Grantee's suspension or debarment. times and places. refer to or concern this Agreement. statute, regulation, or otherwise. of contract the Page 10of19 2024 PHARE GRANT AGREEMENT (MS) BUTLER COUNTY-BUTLER COUNTY ACQUISITION. AND BMABLTATOMPOGMONP Docusign Envelope ID: 673BFE1-45ED-4CF8-BEDE-SADCDBE76BES ARTICLEXIIL [RESERVED) ARTICLEXIV. FINANCIALI RESPONSIBILITY The Grantee shall be financially responsible to the Agency and the Commonwealth, for alll losses, damages, expenses, claims, demands, suits, and actions based or arising out of the malfeasance, nonperformance, negligence or misconduct of its employees, agents, or subcontractors under this Agreement or because ofi its failure to comply with any of the terms of this Agreement, federal and state law. Grantee shall defend and/or indemnify the Agency for defense against all actions brought against the Agency or the Commonwealth and for any additional expenses that may bei incurred by the Agency or Commonwealth based upon such claims or demands, including mechanic's lien claims. ARTICLEXV. GRANTEE'S! RESPONSIBILTY . 1.For thej purpose oft these provisions, thet term Grantee is defined as any person, including, but notl limited to, al bidder, offeror, loan recipient, grantee or lessor, whol has furnished or performed or secks to furnish or perform, goods, supplies, services, leased space, construction or other activity, under a contract, grant, lease, purchase order or reimbursement agreement with the Commonwealth ofPennsylvania (Commonwealt). The term Grantee includes aj permittee, licensee, or any agency, political subdivision, instrumentality,public: authority, or other public entity in the Commonwealth. a. Definition. For the purpose of these provisions, the term "Contractor" means as any person, including, but not limited to, a bidder, offeror, loan recipient, grantee or lessor, who has furnished or performed or seeks to furnish or perform, goods, supplies, services, leased space, construction or other activity, under a contract, grant, lease, purchase order or reimbursement agreement with the Commonwealth. The term also includes a permittee, licensee, or any agency, political subdivision, instrumentality, public authority, or other public entity in the Commonwealth. D. Contractor. Representations. The Contractor. represents fori itselfandi its subgrantees, contractors, ands subcontractors required to be disclosed or approved by the Commonwealth, that as of the date of its execution oft this Agreement, that neither the Contractor, nor any ofi its subgrantees, contractors, and subcontractors, are under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority and, ift the Contractor cannot make this representation, the Contractor shall submit, along with the Agreement, a written explanation ofwhy the certification cannot be made. ii. The Contractor represents that, as of the date ofi its execution of this Agreement, ithas no tax liabilities or other Commonwealth obligations, or has filed a timely administrative or judicial appeal, if any liabilities or obligations exist, or is subject to Notification. The Contractor shall notify the Commonwealth if, at any time during the term of the Agreement, it becomes delinquent in the payment of taxes, or other Commonwealth obligations, or ifit or, to the best of its knowledge, any of its subgrantees, contractors, or subcontractors are suspended or debarred by the Commonwealth, the federal government, or ad duly approved deferred payment plan ifanyl liabilities exist. Page 11of19 20241 PHARE GRANT AGREEMENT (MS) BUTLER COUNTY - BUTLER COUNTY ACQUISITION. ANDI REHABILITATION PROGRAM(BAR) Docusign Envelope ID:6 6/38FE14SEDACFEBEPBBEDE-SADCDBE78BES any other state or governmental entity. The Contractor shall provide this notification within 15 d. Default. The Contractor's failure to notify the Commonwealth ofi its suspension or debarment by the Commonwealth, any other state, or the federal government constitutes an event of Reimbursement. The Contractor shall reimburse the Commonwealth for the reasonable costs ofi investigation incurred by the Office of State Inspector General for investigations of the Contractor's compliance with the terms ofthis Agreement or any other agreement between the Contractor and the Commonwealth that results in the suspension or debarment of the Contractor. These costs include, but are not limited to, salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for investigative costs for investigations that do not result Suspension and Debarment List. The Contractor may obtain a current list of suspended and debarred Commonwealth contractors by visiting the eMarketplace website at PbmstisskaNN and clicking thel Debarment list tab. 2. The Grantee agrecs that the Commonwealth of] Pennsylvania Commonwealth) amount ofany state tax liability or other obligation ofthe Grantee ori its subsidiaries to the Commonwealth may set against any payments due the Grantee under any contract with the Commonwealth. days of the date of suspension or debarment. default oft the. Agreement with the Commonwealth. in the Contractor's suspension or debarment. offt the ARTICLEXVL AOMDIKCAMGRATONESAIUANAMSMRIGAIS: The Grantee agrees: a. Representations. The Grantee represents that it is presently in compliance with and will remain in compliance with all applicable federal, state, andl local laws, regulations, andj policies relating to nondiscrimination and sexual harassment for the term of the Agreement. The Grantee shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents andi records, including EEO-1 access toi its books, records, and accounts byt the Commonwealth fort thej purpose reports, ofascertaining permit compliance with provisions of this Nondiscrimination'Sexual Harassment Clause. b. NondiserimnatomSerual Harassment Obligations. The Grantee shall not: andj i. in: any manner discriminate in thel hiring ofany employee(s): for thep performance ofthe activities required under this Agreement or any subgrant agreement, contract, or subcontract, by reason ofrace, gender, creed, color, sexual orientation, gender identity ore expression, ori in violation ofthel Pennsylvania: Human. Relations. Act ("PHRA")and applicable federal laws, against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates. ii. in any manner discriminate! by reason ofr race, gender, creed, color, sexual orientation, gender identity or expression, ori in violation ofthel PHRA and applicable federal laws, against ori intimidate any ofi its employees. Page 12 of19 2024 PHARE GRANT AGREEMENT (MS) BUTLER COUNTY-BUTLER COUNTY ACQUISITION. ANDI REHABILITATION. VPROGRAM(BAR) Docusign Envelope ID: 6673BFE1-45ED-4CF8-BEDE-SADCDBE76BE9 ifi. in any manner discriminate by reason ofr race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of thel PHRA and applicable federal laws, in the provision of services under this Agreement or any subgrant agreement, contract, iv. in any manner discriminate by reason ofrace, gender, creed, color, sexual orientation, gender identity or expression, or in violation of PHRA and applicable federal laws, against any subgrantee, contractor, subcontractor, or supplier who is qualified to V. in any manner discriminate against employees by reason ofparticipation in or decision to refrain from participating in labor activities protected under the Public Employee Relations Act, Pennsylvania Labor Relations Act, or National Labor Relations Act, as applicable, and to the extent determined by entities charged with the Acts' enforcement and shall comply with any provision of law establishing organizations as employees' Establishment of Grantee Policy. The Grantee shall eslablish and maintain a written nondiscrimination and sexual harassment policy that complies with the applicable law and these Nondseriminationsezual Harassment provisions and shall inform its employees in writing of the policy. The policy must contain a provision that states that sexual harassment will not be tolerated and employees who practice it will be disciplined. For the entire period of this Agreement, the Grantee shall: (1) post its written nondiscrimination and sexual harassment policy or these NondaeiminationSexual Harassment provisions conspicuously in easily accessible and well-lighted places customarily frequented by employees at or near where the grant activities are performed; or (2)provide electronic notice of the policy or this clause toi its d. Notification ofViolations. The Grantee's obligations pursuant to these provisions are ongoing from the effective date and through the termination date of the Agreement. Accordingly, the Grantee shall notify the Commonwealth if, at any time during the term of this Agreement, it becomes aware of any actions or occurrences that would: result in violation oft these provisions. Cancellation or Termination of Agreement. The Commonwealth may cancel or terminate this Agreement and all money due or to become due under this Agreement may be forfeited for a violation of the terms and conditions of these Nondaerimination/exual Harassment provisions. In addition, the granting agency may proceed with debarment or suspension and Subgrant Agreements, Contracts, and Subcontracts. The Grantee shall include these Nondiserimination/seru: Harassment provisions in its subgrant agreements, contracts, and subcontracts with all subgrantees, contractors, and subcontractors providing goods or services under this Agreement. The incorporation of these provisions in the Grantor's subgrants, contracts, or subcontracts does not create privity of contract between the Commonwealth and any subgrantee, contractor, or subcontractor, and no third-party beneficiaries are created by those provisions. If the Grantee becomes aware of a subgrantee's, contractor's, or subcontractor's violation of these provisions, the Grantee shall use its best efforts to ensure the subgrantee's; contractor's, or subcontractor's compliance with these provisions. or subcontract. perform the work to which this Agreement relates. exclusive representatives. employees not less than annually. may place the Grantee in the Contractor Responsibility File. Page 13 of19 2024 PHARE GRANT AGREEMENT (MS) BUTLER COUNTY-BUTLER COUNTY ACQUISITION AND REHABILITATION PROGRAM (BAR) Docusign Envelope ID: 6/38FE1-SED-CFBBEDE-SADCDBEY6BER ARTICLEXVIL, AMERICANS WITH DISABILITIES/ ACT For the purpose of these provisions, the term Grantee is defined as goods, supplies, services, construction or other activity, under a purchase During the term of this grant, the Grantee agrees as follows: limited to, abidder, offeror, supplier, or grantec, who will furnish or perform any or seeks person, to furnish including, or but not perform, Commonwealth of Pennsylvania (Commonwealth). order, contract, or grant the a. No] Exclusion. Pursuant to the Americans with Disabilities Act, 421 U.S. Code $ 12101,etseq., no qualified individual with a disability may, on the basis of the disability, be excluded from participation in this Contract or from activities provided for under this Agreement. b. Compliance. For all goods and services provided pursuant to this Agreement, the Grantee shall comply with Title II oft the Americans with Disabilities Act, the "General Prohibitions Against Discrimination" set forth in 28 C.F.R. $35.130, and all other regulations promulgated under Title II of the Americans with Disabilities Act that apply to state and local governments. Indemnification. The Grantee shall indemnify the Commonwealth against all claims, suits, demands, losses, damages, costs, and expenses, including without third-party limitation, litigation expenses, attorneys' fees, and liabilities, arising out of or in connection with the Grantee's failure ori its employee'sora agent's failure to comply with the provisions a,as determined by the Commonwealth. in its sole discretion. ofp paragraph ARTICLE) XVIL. RIGHT TO] KNOWLAW The Pennsylvania Right-to-Know Law, 65P.S. $8 67.101-3104, ("RTKL") For the purpose of these provisions, the term "the Commonwealth" shall refer applies to the to this Grant. Commonwealth agency. contracting a. Applicability. The Pennsylvania Right-to-Know Law, 65 P.S. $S 67.101-3104, ("RTKL") Grantee. Assistance. Ifthe Commonwealth: needs the Grante'sasistance: ina any out of the RTKL related to this Contract, the Commonwealth shall notify the Grantee matterarising that it requires the Grantee's assistance, and the Grantee shall provide to the Commonwealth: applies to this Contract. access to, and copies of, any document or information in the Grantee's possession (Requested Information) arising out of this Contract that the Commonwealth reasonably believes is a public record under the RTKL, within ten calendar days after ii. any other assistance as the Commonwealth may reasonably request, inc order to Trade Secret or Confidential Proprietary Information. If the Grantee considers the Requested Information to include a Trade Secret or Confidential Proprietary Information, as those terms are definedbyt the RTKL, or otherinformation that the Contractor considers exempt from production under the RTKL, the Grantee shall notify the Commonwealth and provide, receipt of written notification; and with the RTKL with respect to this Contract. comply Page 14of19 2024 PHARE GRANT AGREEMENT (MS) BUTLER COUNTY-BUTLER COUNTY ACQUISITION ANDI REHABILITATION, PROGRAM (BAR) Docuslgn Envelope ID: 6673BFE1-45ED-4CF8-BEDE-SADCDBE76BES within seven calendar days of receipt of the written notice a written statement, signed by a representative of the Grantee, that explains why the requested material is exempt from public disclosure under the RTKL. Ift the Commonwealth determines that the Requested Information isc clearly not exempt from disclosure, the Grantee shall provide the Requested Information to the Commonwealth within five business days of receipt of written notice of the Commonwealtb's determination. d. Reimbursement Commonwealth Reimbursement. If the Grantee fails to provide the Requested Information and the Commonwealth is ordered to produce the Requested Information, the Grantee shall reimburse the Commonwealth for any damages, penalties, or costs that the Commonwealth may incur as a result of the Grantee's failure, including any ii. Contractor Reimbursement. The Commonwealth will reimburse the Grantee for any costs that the Grantee incurs as a direct result of complying with these provisions only to the extent allowedunder the fee schedule established by the Office of Open Records Challenges of Commonwealth Release. The Grantee may file a legal challenge to any Commonwealth decision to release a record to the public with the Office of Open Records, or int the! Pennsylvania Courts, however, the Grantee shall reimburse the Commonwealth for any legal expenses incurred by the Commonwealth as a result of the challenge, including any damages, penalties or costs that the Commonwealth mayi incur as aresulto ofthe Grantec'slegal Waiver.As between the parties, the Grantee waives all rights or remedies that may be available toitas a result of the Commonwealth's disclosure of Requested Information pursuant to the Survival. The Grantee's obligations contained in this Section survive the termination or statutory damages assessed against the Commonwealth. or as otherwise provided by the RTKL. challenge, regardless of the outcome. RTKL. expiration ofthis Contract. ARTICLEXIX. CONFLICT OF INTEREST Grantee, their subcontractors, and assignees, on behalfofemployes: and/ or agents, covenants that they presently have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance oftheir activities hereunder. Grantee, their subcontractors, and assignees further covenant that in the performance of this Contract they will not knowingly employ any person having such interest. ARTICLEXX. COMPLIANCE WITH APPLICABLELAWS 1. This Contract is governed by and must be interpreted and enforced in accordance with the laws ofthe Commonwealth ofl fPennsylvania (without regard to any conflict oflaws provisions) and the decisions of the Pennsylvania courts. The Contractor consents to thej jurisdiction of any court oft the Commonwealth ofPennsylvania and any federal courts in Pennsylvania and waives any claim or defense that such forum is not convenient or proper. Any Pennsylvania court or tribunal has in personam jurisdiction over the BUTLER COUNTY-BUTLER COUNTY AOQUBTOMANDAEKAILITAILTATONPROGAMOAN Page 15of19 2024 PHARE GRANT AGREEMENT (MS) Docusign Envelope ID: 62BFEI48ED4CF8BEDE-SADCDBE7ABER Contractor, and the Contractor consents to service of process in any manner law. This provision may not be interpreted as a waiver or limitation of the authorized by Pennsylvania defenses. Commonwealth's rights or Act of under this Agreement in 1964, the Age Discrimination Act, and all other applicable federal permit any of its subcontractors to 2. When applicable, Grantee shall carry out all responsibilities accordance with the Fair Housing Act, Title VI of the Civil Act of 1975, Executive Order 11063, Section 504 of the Rights and Commonwealth contracting provisions. knowingly employ, the labor services of an Human Relations Act, and Title II of the. Americans with Disabilities Rehabilitation Act of 1973, the Pennsylvania 3. Ifa applicable, Grantee shall comply with the Prohibition of Project Act. The Grantee shall not knowingly employ, or knowingly Illegal Alien Labor on Assisted alien illegal Grant. on activities funded in whole or inj part by this 4. Grantee expressly acknowledges that this Grant is funded with requirements of state law shall be applicable to this Grant and the public funds and as such all payment of wage rates set forth in the prevailing wage: act, ifapplicable. Project. This includes specifically ARTICLEXXI, MISCELLANEOUS 1. Notices. All notices given hereunder shall be made by United States forth above in the recitals: mail to the addresses set Agency: See preamble to this Agreement Grantee: See preamble to this Agreement 2. Entire Grant. This Grant is the complete and exclusive statement understanding of the parties hereto with respect to the matters contained herein forth the terms and conditions applicable tot the Grant being provided with all referenced addenda and exhibits, when signed by the subject matter of this Agreement, except as of the material all prior written and oral contracts with respect to the subject matter of this and supersedes and cancels understanding and agreement pertaining to this Grant. This Grantee, constitutes the full, final and complete written and oral agreements and communications and all Agreement supersedes and cancels all prior Agreement shall be construed in manner specifically referenced herein. No provision of this interpreted solely to define specific any duties and so as to create any rights in any third party. It shall be Grant. This Agreement sets through the Grantor. This Agreement, contemporaneous oral agreement with respect to for claims of any other person. responsibilities softhe Grantee ands shall not provide any basis 3, Counterparts. This Grant may be executed in various original but all ofwhich shall constitute on instrument. each counterparts, ofwhich shall be an 4. Assignment. Grantee may not assign or. otherwise transfer its obligations under this Grant, whether by operation oflaw or otherwise without rights, duties, interest or the Agency. Such consent may be withheld at the sole and absolute discretion the prior written consent of purposes oft this Grant, the term' "assign" shall include, but shall not be limited of the Agency. For the encumbrance, pledge or other transfer ofany ownership interest in the term shall not apply to the sale or other transfer ofstock ofaj to, the sale, gift, assignment, Grantee, provided, however, that the publicly traded company. 20241 PHARE GRANT AGREEMENT Page 16of19 BUTLER COUNTY-BUTLER COUNTY (MS) ACQUISITION AND REHABILITATION PROGRAM (BAR) Docusign Envelope ID: 873BFEI48ED-4CFBBEDE-SADCDBETBES 5. Choice of Law. This Grant shall be governed by the laws of the Commonwealth of Pennsylvania and may be amended only in writing signed by both parties hereto. The invalidity of any clause, part or provision ofthis Grant shall not affect the validity of the remaining portions thereof. 6. Audit. Grantee shall maintain full and accurate records at its principal office or place of business with respect to all matters covered by this Grant. The Agency and/or the Commonwealth shall have full access thereto during regular business hours and at all times necessary to original instruments including records or copies thereofinj possession, custody or control of Grantee and its subcontractors. 7. Background Checks. The Agency reserves the right to require Grantee to arrange and pay for background checks for its employces and/or the employees of its subcontractors depending on the nature 8. Amendment. This. Agreement may be modified or amended onlyinav writing approved by the 9. Independent Contractor. Grantee's relationship to the Agency is one ofindependent contract and nothing contained herein is intended or shall be construed as to create an employment, agency or 10. Severability. If an article, clause or provision of this Agreement, or any part thereof, is declared to bei invalid, void or unenforceable by any tribunal having jurisdiction, such invalidity, voidness or unenforceability shall not affect the validity or enforceability oft the remainder oft this Agreement and the 11. No Waiver. The failure of the Agency to insist upon strict performance of the terms and conditions hereof shall not constitute or be construed as a waiver or relinquishment of the. Agency's right to thereafter enforce the same in accordance with this Agreement int the event ofa continuing or subsequent 12. Authority. Grantee acknowledges that it has the requisite authority to execute this Grant. ofthis Grant. Agency and signed by the Grantee. partnership relationship between the parties. applicability thereof. default by Grantee. ARTCILEXXIL INDEMNIFICATION Grantee shall indemnify and hold the Agency and the Commonwealth, harmless from any and all claims, demands and actions based on or arising out of any activities performed by the Grantee, any ofi its employees, agents ors subcontractors under this Agreement and shall defend any and all actions broughtagainst the Agency or the Commonwealth based upon such claims or demands. ARTICLE: XXII. OFFSET PROVISION The Contractor agrees that the Commonwealth ofl Pennsylvania (Commonwealth) may set offt the amount of any state tax liability or other obligation of the Contractor or its subsidiaries to the Commonwealth against any payments due the Contractor under any contract with the Commonwealth. Page c17of19 20241 PHARE GRANT AGREEMENT (MS) BUTLER COUNTY-BUTLER COUNTY ACQUISITION AND! REHABILITATIONPROGRAM(BAR) Docusign Envelope D26/2BFEM4SED4OFBEEDESADCOBEPABES ARTICLEXXIV, WORKERI PROTECTION, ANDI INVESTMENT The Contractor shall comply with all applicable Pennsylvania state labor laws laws including, but not limited to, the following: and worker safety a. Construction Workplace Misclassification Act; b. Employment ofMinors Child Labor Act; C. Minimum Wage Act; d. Prevailing Wage Act; e. Equal Pay Law; Employer to Pay Employment Medical Examination Fee Act; g. Seasonal Farm Labor Act; h. Wage Payment and Collection Law; Industrial Homework: Law; Construction Industry Employce Verification Act; k. Act 102: Prohibition on Excessive Overtime in Healthcare; Apprenticeship and' Training Act; and m. Inspection ofl Employment! Records Law. hntentonalyLgBlank Page 18of19 20241 PHARE GRANT AGREEMENT (MS) BUTLER COUNTY-BUTLER COUNTY ACQUISITION ADIBABTATBAROANON, Docusign Envelope ID: 8738FEI46ED4CFBBEDESAOCDBE/EBE9 IN WITNESS WHEREOF the parties hereto have set their hands and seals on the dates indicated below. WITNESS PENNSYLVANIA HOUSING FINANCE AGENCY :: oln Biahm Robin L. Wiessmann Executive Director & CEO September 9, 2024 By: Date: WITNESS: BUTLER COUNTY COMMISSIONERS IMVEN By: Mdiou Title: Chairman Date: 9/5/2024 APPROVED FOR: FORM AND LEGALITY dE By: Leonidas Pandeladis, Chief Counsel Pennsylvania Housing Finance. Agency Page 190 of19 2024 PHAREGRANT AGREEMENT (MS) BUTLER COUNTY-BUTLER COUNTY ACQUISITION ANDREHABILITATION: PROGRAM (BAR) Docusign Envelope ID:6 6/8FE145ED-CFBSEDE-SADCDBE7EBE9 2023/2024 PHARE Grantee 211 North Front Street P.O. Box 8029 Harrisburg, PA 17105-8029 Butler County 1 PHFA PENNSYLVANIA HOUSING FINANCE. AGENCY PHARE Grantee Fact Sheet (Rental Housing Creation) NOTE: Please complete the following fact sheet with updated project information the anticipated use of PHARE funds based on the amount conditionally awarded toy showing 1. Name of Project/Development, Butler County Acquistion and rehablitation Program (BAR) 2, Please indicate the: source and the: amount of PHARE funds your organization intends to the amount being requested from each. Applicants are reminded to refer to the RFP apply to view for and eligible applicants and proposal submission requirements for each: source of funds. organization. your the PHARE/Marcellus Shale Fund PHARE/Realty Transfer Tax Fund $250,000 $. $250,000 $ 250,000 TOTAL 3. Total roject/Development Cost: (including all other leveraged funds) 4. Please identify the amount and percentage of PHARE funds that willl be used to benefit households below fifty percent (50%) of the median area income. Note: No less than 30% of PHARE funds assist persons/families below! 50% MAI.) must $. 75,000 30 % 5. Identify the targeted populations to be: served by the project's proposed PHARE funding. (Example: 50% oft the PHARE Funds will assist persons/households below 50% of the Ther remaining! 50% of the PHARE Funds will assist persons/households between 50% and county 100% MAI. of lowt tor moderate income single/couples. At least 30% of funds will be for families under 50% County MAI. the county MAI.) Remainder will be! 50-80% MAI Docusign Envelope ID: 6673BFE1-45ED-4CF8-BEDE-SADGDBE76BE9 2023/2024 PHARE Grantee Butler County units 1000 sq.ft. 6. - Prolec/Development total number of units being created with PHARE funds? 2 7. Total project/development square footage impacted by PHARE funding? 8. Number of units to be created using PHARE funding? One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units #2 #0 #0 #0 Bathrooms Bathrooms Bathrooms Bathrooms #2 #0 #0 #0 Number of newly created. Accessible units? #2 9. Projected Rent/For-Sale Price of PHARE impacted units? Projected Rent $ varies $0 $0 $0 Projected Sales Price $ 150,000 $0 $0 $0 One Bedroom Units Two Bedroom Units Three Bedroom Units Four Bedroom Units 10. Additional amenities/services impacted by PHARE funding: Rent through HUD Assistance 11. Property address(es) of the Project/Development (**Please Include the nine digit zip code(s), If available.) 63 Robinhood Drive, Cranberry Township PA 16066 407 Mary Street, Cranberry Townshlp, PA 16066 2 Docusign Envelopel D.6BIBFEISEDAGFB8EDESADCOBE/ABES 2023/2024 PHARE Grantee Butler County 12. Contact information of the individual completing the application. (**This person willl be contacted by PHFA with any questions regarding the PHARE proposal.) Name: Torrie Wroblewski Address: 1141 Woody Drive Phone: 724-287-6797 ext., 286 E-mail: ome@houangauhenly.om 1241 W. Dlamond Street 13. Contact information for thei individual overseeing the projec/tevelopment, Including communications, contract Information and atcounting/transfer of funds information. (**Allr requiredreporting documentation willl be sent to the individual listed below.) Name: Ann Brown Address: 124V W. Diamond Street Phone: 724-284-5105 E-mail: abrownegcobuterpa.us Butler, PA 16001 **Please attach additional pages as necessary** 3 THE ATTACC Commissioner Geyer: The ATTACC Group (Adams Township Training and Community Center), a! 501(c)(3) nonprofit organization, would like to respectfully submit a request for $5,500 from the Butler County CDC for an aquatics center feasibility study. ATTACC is raising funds to determine the feasibility ofa regional aquatics training center. This center would be open to all Bulter county residents and provide a much-needed facility for aquatics training, indoor sports courts, senior programing, We have held multiple fund raisers and open meetings to raise funds and provide awareness of and meeting space. our mission. This amount will help complete the first phase of the feasibility: study. Respectfully submitted, Heidi Brandon Director of Giving ATTACC P.O. Box 975, Mars, PA16046 info@theattacc.org www.theattacc.org SERVICES AGREEMENT THIS SPECIALIZED SERVICES AGREEMENT (the "Agreement"): is made by and between VICTIM OUTREACH INTERVENTION CENTER, having an address of 301 First Street, Butler, PA 16001 (hereinafter known as the "Provider"), and BUTLER COUNTY, a political subdivision of the Commonwealth of Pennsylvania, having an office and place oft business at 124 WHEREAS, the County desires that the Provider perform certain services, as more specifically set forth in the Program Description attached hereto as. Attachment "l"and incorporated herein by W Diamond Street, Butler, PA 6001(hcreinatter known as the "County"). reference as if a part oft this Agreement (the "Services"); and WHEREAS, the Provider agrees to perform the Services; and this Agreement are specific to this Agreement and the Services hereto. WHEREAS, the County and the Provider understand and agree that the terms and conditions of NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained and intending to be legally bound, the Provider and the County (each, a "Party," and collectively, "Parties") agree as follows: Section 1. Term and Termination. 1.1 This Agreement shall bc cffective on October 1, 2024 through December 31,2024 1.2 Either Party may terminate this Agreement prior to the expiration of the Term by providing at least one hundred twenty (120) days prior written notice to the other Party. Upon termination oft this Agreement, the County shall pay all costs accrued by the Provider as of the date of termination, including all non-cancelable (the "Term"). obligations for the Term oft the. Agreement. 1.3 Ifeither party shall fail to fulfill in a timely or proper manner its obligations under this Agreement, or either party shall violate any of the covenants or stipulations of this Agreement, the party injured shall thereupon have the right to terminate this Agreement immediately by giving written notice of such to the other oft their intent to terminate this Agreement. The non-injured party has the right to appeal the termination decision of the injured party by submitting in writing within ten (10) days the reason why the termination should not take place. Section 2. Payment. 2.1 The County agrees toj pay the Provider $25,000 (the "Fees"): for the performance of the Services in accordance with Attachment "1", which is incorporated herein by reference. 2.3 The Provider will invoice the County monthly per the schedule in Attachment "!" (Program Description and Budget). Invoiced Fees shall be paid within sixty (60) days of the County'sreceipt of an invoice from the Provider. Section 3. Insurance. 3.1 For the term of this Agreement, the Provider shall take out and maintain, or shall cause to be taken out and maintained, the following insurance: A. Comprehensive General Liability Insurance, which will protect the Provider in providing the services under this Agreement from claims for bodily injury to persons, including wrongful death, and for damage to property, which may arise from operations under this Agreement, whether such operations are by the Provider or by any subcontractor. The Comprehensive General Liability Policy shall include, but not be limited to, the following: (1) Contractual liability on a blanket basis or contractual liability specifically covering this Agreement; (2) Providers Protective Liability; (3) Products Liability and Completed Operation; (4)Limits of liability may be satislied by a combined single limit of $1,000,000ocurence - 3,000,00laggregate, for bodily injury (5) The policy shall be endorsed to include Butler County and its Commissioners, and its Executives and employees, as additional insured with the right of notice, and further that this said endorsement shall be evidenced on the actual insurance certificate. and property damage. B. Worker's Compensation Insurance as required by law. $1,000,000. leach occurrence 53,000,00/aggregate. C. Professional Liability Insurance with limits of liability of not less than D. Fidelity Bond or Employee Dishonesty Insurance/Errors and Omissions Coverage shall be maintained to insure that employees who have financial responsibilities related to the receipt and disbursement of funds under this Agreement shall be covered by a Fidelity Bond or Employee Dishonesty Insurance. Coverage to be required and maintained for fidelity bond/employee dishonesty insurance shall be minimally for an amount which is equal to, but not less than, 50% of the first $100,000 of total allocation which is referenced on Attachment "1" of this agreement and 25% for each $100,000 thereafter, with a maximum fidelity bond/employee dishonesty coverage of $500,000. -2- Section 4. Miscellaneous. 4.1 The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form ofjoint enterprise, employment or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever. 4.2 The validity of this Agrecment and any of its terms or provisions, as well as the rights and duties of the parties to this Agreement, shall be governed by the laws of the Commonwealth of Pennsylvania. 4.3 Neither this Agreement nor any right, interest, or obligation hereunder may be assigned, pledged, or otherwise transferred by either party without the prior written consent of the other party. 4.4 Any notice or communication pursuant to this Agreement shall be sufficiently made or given if sent by certified or registered mail, postage prepaid, or by overnight courier, with proof of delivery by receipt, addressed to the address below or as either party shall designate by written notice to the other party. In the case of Provider: Attn: Tracy Veri 301 First Street Butler, PA 16001 In the case of County: County ofButler Attn: Ann Brown POBox 1208 124 W. Diamond Street Butler, PA 16003-1208 Victim Outreach Intervention Center 4.5 Neither Party waives its right to enforce any and all provisions of the Agreement at any time during the Term. Either Party's failure to enforce any provision shall not prejudice such Party from later enforcing or exercising the same or any other provision ofthe Agreement. provisions oft the Agreement. 4.6 Headings are for convenience of reference only, and not for interpreting the 4.7 This Agreement, together with all attachments and exhibits, constitutes the entire agreement and understanding between the Parties and supersedes any prior or contemporaneous negotiations, agreements, understandings, or arrangements of -3- any nature or kind with respect to the subject matter herein. In the event of any inconsistency between this Agreement or any attachments and exhibits, the terms ofthis Agreement shall govern. 4.8 This Agreement may not be changed, altered, modified, amended, rescinded, canceled or waived except by a writing executed by authorized representatives of 4.9 This Agreement may be executed ini multiple counterparts, each ofwhichi is deemed an original and all ofwhich constitute one and the same agreement. The signatures of all of the Parties need not appear on the same counterpart. Delivery of an executed counterpart of this Agreement, by facsimile, portable document format (pdf) or by any other electronic means, has the same effect as delivery of an the Parties. executed original ofthis Agreement. 4.10 Provider agrees toj provide outcomes, performance measurements, and reporting as specified by the County in Attachment "I"hereto. Additionally, the Provider agrees toj provide any and all information required for reporting purposes. 4.11 Provider agrees to maintain in confidence and to safeguard the confidentiality ofall County programs-related information and specific consumer information provided by County to Provider in the course of performance of this Agreement. Provider shall take reasonable measures toj protect the confidentiality ofall such information and shall take reasonable measures to prevent the unauthorized disclosure of all such information in Provider's possession. A. Under the Pennsylvania Right-to-Know Law, Government Agencies in Pennsylvania, including Butler County, are required to provide access to and copies of public records to the public. The Right-to-Know Law presumes that all records held by State and Local Agencies, including Butler County, are public. As such, this Agreement and any other documents submitted to the County by the Provider under the terms of this service agreement may be examined, inspected and copied (subject to reasonable rules and regulations) by any persons. Public Records under the Right-to- Know Law are not limited to those held or stored by the County. B. The Right-to-Know. Law extends the County's production requirements to those public records in the hands of a third-party provider of service. Subject to the applicable laws and regulations, the Provider shall timely prepare and maintain all records relating to the implementation of this Agreement. Ata all reasonable times, these records shall be available for review by authorized County, State, Federal or County auditors and/or personnel. 4.12 The Provider shall maintain books, records, documents and other evidence pertaining to all revenues, expenditures and other financial activity pursuant to this agreement as well as to all required programmatic activity and data pursuant to this -4- agreement. These books, records, documents and other evidence shall be available for review, audit or evaluation by authorized County personnel or their representatives during the agreement period and for seven years thereafter, except ifan auditi isi inj progress or audit findings are yet unresolved, in which case, records 4.13 The Provider shall hold harmless, defend, and indemnify the County, its elected officials, officers, appointees, and employees from and against any third-party liability claim, including court costs and reasonable attorney's fees, arising out of shall be kept until all tasks are completed. the services rendered to the County under this Agreement. 4.14 The Provider agrees to comply with all applicable federal and state laws. 4.15 The Provider assures that it presently has no interest and will not acquire any interest, direct or indirect, which could conflict in any manner or degree with the performance of its services hereunder. The Provider further assures that in the performance of this agreement, it will not knowingly employ any person having such interest. 4.16 The invalidity or unenforceabilhity of any provisions of this Agreement shall in no way effect the validity or enforceability ofany other provision. 4.17 This Agreement shall be binding upon and shall inure to the benefit of each of the parties and their respective hcirs, successors, and permitted assigns. Section 5. Force Majeure. 5.1 No Party will be liable to the other for any failure or delay in the performance ofits obligations to the extent such failure or delay is caused by fire, flood, earthquakes, other elements of nature, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, disease, epidemics, quarantines, pandemics, acts of government, a declared state of emergency, delays in visas, changes in laws and governmental policies, or other conditions beyond its reasonable control following execution of this Agreement. Ifthc performance by either party of any ofits obligations under this Agreement (including making a payment) is prevented by any such circumstances, then such party shall communicate the situation to the other as soon as possible, and the parties shall endeavor to limit the impact to the project. The parties agree to mitigate risks to the project and personnel, and to amend project period of performance and milestones if possible. Nothing herein shall limit the rights of either party to terminate this Agreement as indicated in Section 1 hereunder. Section 6. Financial Reporting Requirements 6.1 Provider is required to comply with all Federal, State, and County financial reporting requirements. For County purposes the required level or type of service is determined by the greater of all county revenues regardless of source, or total expenditures. A summary of these requirements is listed below. A detailed -5- explanation for each type of financial reporting is included in this section of the Agreement. 6.2 Combined County Annual Revenuc, All County Sourcesor Expenditures, Less than $50,000 $50,000-S99,999 $100,000 and up Financial Statement Compiled, Reviewed or Audited Reviewed or Audited Audited Compilation services are to be conducted in accordance with the Statements on Standards for Accounting and Review Services (SSARS) promulgated by the Accounting and Review Services Committec of the AICPA and comply with applicable professional standards, including the AICPA's Code of Professional Conduct, and its ethical principles of integrity, objectivity, professional competence, and due care, when performing the bookkeeping services, preparing the financial statements, and performing the compilation engagement. Compiled 6.3 Review engagements must be in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA and comply with applicable professional standards, including the AICPA's Code of Professional Conduct, and its ethical principles of integrity, objectivity, professional competence, and due care, when preparing the financial statements and performing the review engagement. 6.4 Audits must be conducted in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Yellow Book). CPA firms performing the service are required toi meet the criteria required by the GAO to conduct an audit in accordance with the 6.5 Entities who also receive audits conducted in accordance with audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and. Audit Requirements ofFederal Awards (Single Audit) must provide a copy ofthe Single Audit to Butler County upon completion. financial statements must include accompanying footnotes. Yellow Book. -6- 6.6 A higher-level requirement is acceptable for any lower level requirement. 6.7 Thel Provider is responsible for obtaining the necessary level ofprofessional service as outlined above and securing the services of an independent certified public accountant. Federal regulations preclude public accountants licensed in the CommasalhofPemylana from performing audits ofFederal awards. Public accountants are not licensed as Certified Public Accountants (CPAs). 6.8 The County reserves the right for County, State and Federal agencies, or their authorized representatives, to perform financial and/or performance audits. Ifitis decided that an audit or financial review oft this agreement will be performed, then Provider will be given reasonable advance notice. The Provider shall maintain books, records, and documents that support the services delivered, that the fees earned are in accordance with the agreement, and that Provider has complied with the agreement terms and conditions. Provider agrees to make available, upon reasonable notice, at the office of the Provider, during normal business hours, for the term of this agreement and the retention period set forth in this Clause, any of the books, records, and documents for inspection, audit, or reproduction by any 6.9 Working papers and financial reports must be retained by the Provider's auditor/accountant fora a minimum of five (5)years from the date ofissuance ofthe financial report, unless the Provider's auditor/accountant is notified in writing by the County, or the cognizant or oversight State or Federal agency, to extend the retention period. Working papers will be made available, upon request, to authorized representatives of the County, any Commonwealth agency, the Federal State or Federal agency or its authorized representative. funding agency, or the Federal General Accounting Office. 6.10 Provider shall preserve all books, records, and documents related to this agreement forap period oftime that ist the greater offive (5)years from the agreement expiration date, until all questioned costs or activities have been resolved to the satisfaction of the County, or as required by applicable Federal laws and regulations, whicheveri is longer. Ifthis agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of five 6.11 Records that relate to litigation of the settlement of claims arising out of performance or expenditures under this agreement to which exception has been taken by the auditors/accountants shall be retained by the Provider and çopies provided to the County until suchl litigation, claim, or exceptions have reached final (5)years from the date ofa any resulting final settlement. disposition. 6.12 Except for documentary cvidence delivered pursuant to litigation or the settlement of claims arising out of the performance of the agreement, the Provider may, in fulfillment of his obligation to retain records as required by this Clause, substitute photographs, microphotographs or other authentic reproductions of such records after the expiration of two years following the last day of the month of -7- reimbursement to the provider of the invoice or voucher to which such records relate, unless a shorter period is authorized by the County. 6.13 The County reserves the right to have all work papers of the independent CPA examined by the County or designated Pv,Monidepheabymuaoris the County to contact their auditors/accountants directly to obtain audit work papers and authorizes their auditor/accountant to provide same without the need for any 6.14 Submission ofthe Required Financial Reports to the County: Provider shall submit acomplete Financial reporting package, which includes all accountants or auditors reports/opinions, financial statements, supplementary schedules, Form 990, Form 990T (if applicable), Consolidated financial statements for affiliated groups, and additional consent other than as stated herein. the Management Letter (ifissued). 6.15 Provider shall submit the financial report within thirty (30) calendar days after the completion of the report but in no event shall the audit/review be completed and the report submitted later than one hundred eighty (180) days after the end of the 6.16 Corrective Action Plan: The Provider shall prepare a Corrective Action Plan (CAP) to address all findings of noncompliance, internal control weaknesses, and/or reportable conditions disclosed in any financial report. For each finding noted, the Provider's fiscal year. CAP should include: A. A brief description identifying the finding; B. Whether the Provider agrees with the finding; C.The specific steps to be taken to correct the deficiency or specific reasons why corrective action is not necessary; D. A timetable for completion of the corrective action steps; E. A description ofmonitoring to be performed to ensure that the steps are taken; F.1 The responsible party for the CAP 6.17 Remedies for Non-Compliance with Financial Reporting Requirements: The Provider's failure to provide an acceptable financial report in accordance with the requirements of this clause may result in the County not accepting the report and initiating sanctions against the Provider that may include the following: A. Disallowing the cost of the financial report; B. Withholding all or aj percentage of the agreement funding pending compliance; C.Withholding or disallowing administrative costs; 8 D. Suspending subsequent agreement funding pending compliance; E. Require the return of any funds expended by the County during the 6.18 The Provider agrecs that it will not use Federal or State law money received from the County for services not provided pursuant to this Agreement, or to pay for the audit/financial report term. costs ofunrelated services provided by the Provider. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized representativcs as of the date first above written. ATTEST: COUNTY Lori E. Altman Leslie A. Osche, Chairman Board of County Commissioners Kimberly D. Geyer, Vice Chairman Board of County Commissioners Kevin E. Boozel, M.S., Secretary Board of County Commissioners Victim Outreach Intervention Center PROVIDER REPRESENTATIVE) Human Resources Director/CherClerk [COUNTY SEAL] [PROVIDER ATTESTER] (Type Name) [SEAL] Date -9- ATTACHMENTI 1 Program Description and Budget Attachment 1 Program Description and Budget Program Description Basic Description Overall Philosophy and Program Goals Staffing Patterns/qualficationséupervision schedule Projected units delivered and length ofstay for program, participant Admision/Dicharge Criteria Proiected Outcomes Budget INTHE COURT OF COMMON PLEAS, BUTLER COUNTY, PENNSYLVANIA THE INTERCEPT Petitioner, CIVILDIVISION 2024-10812 V. COUNTY OF BUTLER, Respondent CONSENT ORDER AND NOW, on this day of October, 2024, the Court having reviewed the Petition for. Judicial Review and Answer filed int this matter, and having held a status conference on October 15, 2024, during which the Court reviewed the responsive records in camera, itis 1. In light of the unique, historical circumstances relating to the nature of the requested records, which relate to the attempted assassination of a former President, the Court finds that the balancing estof85PS.6/,708DX08) tips int the 2. Before producing the responsive records, Respondent will redact the names of individuals and the phone numbers ofindividuals, as the Court finds that the balancing test of 65P.S. 67.708(b)(18) tips in favor ofv withholding those specific 3. Respondent will provide to Petitioner all redacted responsive records within its possession, specifically, fifteen (15) 911 audio recordings, within two (2) business 4. Petonerwilvoluntarly dismiss the remainder of this Appeal with prejudice within two (2) business days of receipt of the responsive redacted records; 5. The Respondent will not be liable for the attorney's fees and costs incurred by hereby Ordered and Decreed that: general favor of disclosing these records; items; days ofreceipt of this signed Order; Petitioner; 6. Nothingi ini this Consent Order shall be construed as ai finding of bad faith against 7. Nothingi in this Consent Order shall be construed as an admission of liability by 8. The terms of this Order are non-precedent-setting and may not be used or construed as precedent for purposes of any further action regarding any other Right- the Respondent; either party; to-Know requests for 911 calls; and 9. This Order can be executed in counterparts. BY THE COURT, Kelleyl T. D. Streib, Judge Approved for entry by: Joy Ramsingh (PAI Bar # 326874) RAMSINGHLEGAL, PLLC 336 Cumberland Street Lebanon, PA17042 Phone: (717)461-2174 /@ramsinglhlega.com Julie M. Graham (PAI Bar # 36483) Butler County Solicitor 124W. Diamond Street Butler, PA 16001 grahamecohute.aus Counsel for The Intercept, Scripps News, and NBC Hammonds, Pamela From: Sent: To: Subject: Please add: Altman, Lori Thursday, October 17, 2024 3:20 PM Butler County Public Meeting Highmark renewal Requesting approval to accept the Highmark Renewal for optalaton/pescrpion coverage for County employees at the rate of 12.45% of premium levels for the 2025 calendar year. Bori & dltman Human Resources Director/Chief Clerk County of Butler 124V W. Diamond Street Butler PA 16001 (724)284-5535 altman@co.buterpaus Butler Transit Authority We're Going Your Way : Public Transportation thebus October 17, 2024 Butler County Board of Commissioners Fifth Floor, County Government Center 124) West Diamond Street P.O. Box: 1208 Butler, PA: 16033 Dear Commissioners Osche, Geyer and Boozel, Mr. Chris Rearick's term on the Butler Transit Authority Board expires on December 31, 2024. Mr. Rearick has indicated his willingness to serve an additional five-year term on the Butler Transit Authority Board. The first scheduled Transit Authority Board meeting oft the new year is January 14, 2025a at! 5:00 PM at the Transit office, 130 Hollywood Drive. Thank you for your attention to this matter. Sincerely, H. ZMRE Executive Director Butler Transit Authority 130 Hollywood Drive * Suite 101 : Butler, PA 16001 724-283-0445 a Fax: 724-283-1201 n www.Duttertransitauthorty.com Pittsburgh-Butler REGIONAL AIRPORT" Operated by the Butler County Airport Authority October 10, 2024 Butler County Board of Commissioners Commissioners Office Fifth Floor, County Government Center 124 West Diamond Street Butler, PA 16001 Dear Commissioner Osche, Commissioner Geyer, and Commissioner Boozel: your approval to reappoint Chad Weaver, whose term ends. January 9, 2025. This letter is ai formal request from the full Board ofDirectors for the Butler County Airport Authority for We sincerely appreciate your attention to this matter. Chair Board ofDirectors Butler County Airport Authority N 2025 Employee Benefit Contribution Per 24 Pays Percentage of Premium NON-UNION EMPLOYEES- - Hired before 01/01/2018 Comm Blue Flex 7% $23.86 $57.39 $64.26 $73.80 PPO 13% $47.41 $114.06 $127.71 $146.67 Dental 10% $1.99 $3.71 $3.93 $6.17 Vision 10% $0.35 $0.79 $0.79 $0.79 Individual Parent/Children) Two People Family ALL UNION EMPLOYEES NON-UNION EMPLOYEES Hired on or after 01/01/2018 Comm Blue Flex 10% $34.08 $81.99 $91.80 $105.43 PPO 15% $54.70 $131.60 $147.35 $169.23 Dental 10% $1.99 $3.71 $3.93 $6.17 Vision 10% $0.35 $0.79 $0.79 $0.79 Individual Parent/Children) Two People Family BUTLER COUNTY COMMISSIONERS RATIFICATION OF PERSONNEL TRANSACTIONS October 23, 2024 Children & Youth Services LANDGRAF Samantha S. (Rep. A. Kaufman) 10/21/2024 CasewoeiempcwEL (J. PHELPS) $23.2810/hr. RETIREMENT NOBENEFITS FOR90DAYS MCKEVITT Allyson. J. (Rep. S. Cowden) 10/21/2024 Caseworker/F.T. $23.2810/hr. RETIREMENT NO BENEFITS FORS 90DAYS Prison SMOKOVICH, Noah D. (Rep. C. Dunmyre) 10/20/2024 Correction Officer/F.T. $22.1038/hr. RETIREMENT NO BENEFITS FOR 90 DAYS Public Defender CASEY, Patrick M. (Rep. J. Popovich) 10/21/2024 Asst. Public Defender/F.T. $35.8985/hr. RETIREMENT NO BENEFITS FOR 90 DAYS Submitted: 10/18/2024 by KG