An agenda meeting of the Fayette County Board of Commissioners was held at 10 a.m. on Tuesday, September 17, 2024, at the Fayette County Courthouse first floor commissioners conference room, 61 East Main Street, First Floor, Uniontown PA. In attendance- Commissioner Chairman Scott Dunn Commissioner Dave Lohr Commissioner Vincent A. Vicites Chief Clerk Amy Liston County Solicitor Jack Purcell Commissioner Dunn opened the meeting at 10 a.m. He asked everyone to stand for Commissioner Dunn said before going to public comment on agenda items, they Amotion was made by Commissioner Dunn and seconded by Commissioner Lohri to amend the agenda to include approval of the following agreements and modfications. asilent prayer, which was followed by the pledge of allegiance. needed to amend the agenda. Behavioral Health Administration Base Contract Agreements 2024-2025 Allegheny Intermediate Unit Goodwill Industries of Southwestern PA Modification Agreement #1 Allegheny Intermediate Unit Fayette Resources, INC Pathways of Southwestern PA Therapy Connections, LLC Modification Agreement #3 Laurel House, INC Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously toa amend the agenda to include: Contract Value $718,588 $91,112 $730,262 $338,107 $125,000 $57,000 $554,322 Period 07701/24-06/30/25 0701/24-06.30/25 07/01/23-06/30/24 07701/23-06.30/24 07/01/23-06/30/24 07701/23-06.30/24 07/01/23-06/30/24 A motion was made by Commissioner Dunn and seconded by Commissioner Vicites Proclamations/Recognitions National Service Dog Month- September 2024 Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously to amend the agenda to include: An motion was made by Commissioner Dunn and seconded by Commissioner Vicites Planning, Zoning and Community Development Management System (ECMS) for the Sheepskin Trail. Approval for Arthur Cappella's authorization in the Engineering Construction Approval for Arthur Cappella's authorization in the Engineering Construction Management System (ECMS) for Bridge projects: 72, 115,02,03, and 155. Approval to proceed in the Engineering Construction Management System (ECMS) with Alternative 2 concerning project administration for locally sponsored projects added to the Transportation Improvement Plan (TIP). Alternative 2 represents PennDOT utilizing services of the county's engineer of record to design the projects. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously toa amend the agenda to include: Commissioners Amotion was made by Commissioner Dunn and seconded by Commissioner Vicites Approval for UMWA Local 9113 to use the county property in front of the Fayette County Courthouse at 61 East Main Street, Uniontown PA from 1 p.m. to 5 p.m. on Sunday, October 6, 2024 to collect for items for the food bank in conjunction with Fayette County Community Action Agency. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes 2 Motion passed unanimously Public Comment on Agenda Items- None Proclamations/Recognitions National Service Dog Month- September 2024 National Transportation Demand Management Week - September 16-20, 2024 Fayette County Drug & Alcohol Commission 50th Anniversary Juvenile Probation Office Heath Randolph presented the agenda item. Amotion was made by Commissioner Lohr and seconded by Commissioner Vicites to consider placing on the agenda approval of the annual Juvenile Probation Services Grant in Aid Agreement for FY 2024-25, as attached. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Children and Youth Services Gina D'Auria presented the agenda items. consider placing on the agenda: AI motion was made by Commissioner Lohr and seconded by Commissioner Vicites to Ratification of a FY2023-24 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Wesley Family Services, 221 Penn Avenue, Wilkinsburg, PA 15221 for foster care services on an as needed basis. The rates are as follows: Initial Clothing - Foster Family Class AA Class BB Class CC Class DD Class EE Class FF Class LL Class MM $250.00 Rate/Day $102.17 $93.13 $94.67 $114.34 $107.41 $92.41 $103.19 $108.20 3 Class NN Class 00 Family Profile $133.25 $138.13 $3,100.00 Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children and Youth Services and Fayette County Juvenile Probation and Bliss Psychological Services, LLC, 22 Wabash St., Lower Level, Suite 102, Pittsburgh, PA 15220 for mental health services on an as needed basis. The rates are as follows: Individual/Mental Health Evaluation Interactional Evaluation/Bond Assessment Parenting Capacity Evaluation (includes both individual and interactional) Risk ofHarm Assessment (individual only) Risk ofHarm Assessment (individual risk plus parenting asesmenVinteractiona) Testimony outside of Allegheny County 750.00 $ 500.00 $1,250.00 $ 950.00 $1,450.00 The above rate(s) includes the psychological evaluation, testing, and a written report. $2,000.00/for full day inj person $250.00/hour billed in 15-minute increments Virtual Testimony Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Adoption Connection PA, 700 Turnpike Street, Beaver, PA 15009, for foster care placement on an as needed basis. The rates are as follows: Initial Clothing- Placement Services # 411680 Class BC YF OF YT OT PT $250.00 Rate/day $73.47 $84.47 $89.47 $114.53 $119.43 $107.53 Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Wesley Family Services, 221 Penn Avenue, Wilkinsburg, PA 15221 for foster care services on an as needed basis. The rates are as follows: Initial Clothing- Foster Family Class AA Class BB Class CC Class DD Class EE Class FF Class LL $250.00 Rate/Day $102.17 $93.13 $94.67 $114.34 $107.41 $92.41 $103.19 4 Class MM Class NN Class 00 Family Profile $108.20 $133.25 $138.13 $3,100.00 Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette through Fayette County Children and Youth Services and Fayette County Juvenile Probation, and Bethesda Lutheran Services, 15487 State Highway 86, Meadville, PA 16335 for Residential, Group Home and Foster Home Services onanas needed basis. The rates are as follows: Initial Clothing Rate/Day $250.00 Unit ID-GH Claney House Group Home Unit ID-IT Ida May Right Specialize Setting Unit ID-SH Ida May Right Specialize Setting-Shelter Unit ID-IT Hope Mae Specialized Setting Unit ID-SH Hope May Specialized Setting-Shelter Unit ID-IT Freeman Specialized Setting Unit ID-SH Freeman Specialized Setting-Shelter Unit ID-BB Right Start for Young Mothers Specialized Unit ID-EM Right Start for Young Mothers Specialized Unit ID-MB Right Start for Young Mothers Specialized Unit ID-SH Right Start for Young Mothers Specialized Unit ID-TL Right Start Transitional Living Specialized Unit ID-BB Foster Care Non-Case Management Age 0-12 Unit ID-DD Foster Care Non-Case Management Age 13-21 Unit ID-FF Foster Care Therapeutic Age 0-12 Unit ID-HH Foster Care Therapeutic Age 13-21 Unit ID-JJ Foster Care Case Management Age 0-12 Unit ID-LL Foster Care Case Management Age 13-21 Unit ID-00 Foster Care Mother and Baby $335.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $160.00 $370.00 $530.00 $350.00 $260.00 $230.00 $68.11 $68.47 $83.71 $88.71 $130.10 $135.10 $133.78 Setting-Baby Only Seting-Molherbxpectant Mother Setting-Mother and Baby Setting-Shelter Setting Unit ID-PH Petersen Home Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and PA Professional Health Services, 50 W. Main Street, Suite 704, Uniontown, PA 15401 for outpatient mental health services on an as needed basis for CYS &, JPO families. The rates areas Anger Management/Domestic Violence Treatment Programs-Adolescent Course: Anger Management/Domestic Violence Treatment Programs-Adult Course: follows: Initial Evaluation Three (3) week course $30.00 $125.00 5 Initial Evaluation Eight (8) week course $30.00 $250.00 Each group program must have - at minimum - three (3) participants. No group shall The Service Provider will furnish a certificate of completion and a written summary of the course to the County upon the participant's completion oft the course. Ifaj participant fails to complete the course, the Service Provider will notify the County in writing oft the consist ofboth victims and offenders. failure to complete. Anger Management Assessment Batterer Assessment Individual Session Court Testimony $100.00 $100.00 $45.00 $300.00 Iti is agreed that the County should also be the payer oflast resort. Ifthe individual being referred for services has insurance, the Service Provider must attempt to obtain payment for services through the insurance provider(s) prior to billing the County. Ifai recommendation for services beyond the eight-week course (adult) or the three-week course (adolescent) is made, services are not to be continued until explicit consent is obtained from the County. If the case was referred by the Juvenile Probation Office, consent for further services may be provided by the. Juvenilel Probation Officer or member ofmanagement. Ifthe case was referred by Children & Youth Services, a member of management must provide explicit consent for the continuation of services. Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Corporate Security and Investigations (CSI), 3645 Brodhead Road, Monaca, PA 15061 for the conducting of investigations in an attempt to locate missing, abducted or runaway youth, youth who may be involved in sex trafficking and parents with children attempting to avoid or abscond from child welfare agencies on an A. $113.30/hour for investigative services and $80.00/hour for subpoena services. Any work beyond twenty (20) service hours, extraordinary work or surveillance will not be conducted without prior approval by ai member oft the Agency management. B. Mileage for business travel will only be billed once the Service Provider reaches Fayette County and will only be billed for travel occurring within Fayette County. Reimbursement for travel will be at the current reimbursement rate of the IRS and shall automatically update at any such time that an IRS rate update occurs. as needed basis. The rates are as follows: Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette through Fayette County Children and Youth Services and Fayette County Juvenile Probation and Twin Pines Family Services, LLC, 1 Washington Street, Suite A, Hopwood, PA 15445 for group home placement/shelter services on an as needed basis. The rates are as follows: Initial Clothing $250.00 Foster Family Care Cert. # 444430 Class AA Class DD Rate/Day $79.45 $83.96 6 Class EE $84.29 $30.00 ICPC Monthly Support ofLicensed Home Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Cornell Abraxas Group, Inc., 2840 Liberty Avenue, Suite 300, Pittsburgh, PA 15222 for placement & non-placement services on an as needed basis for CYS & JPO youth. The rates are as follows: Initial Clothing - $250.00 Abraxas I (Marienville) Male Drug and Alcohol Treatment Seneca Dorm Evergreen Dorm Intensive Open Residential Program Dakota Dorm Female Drug and Alcohol Treatment Mohican Dorm Rate/Day $370.76 $400.80 $384.65 $418.15 $415.63 $403.26 $543.56 $720.00 Leadership Development Center (South Mountain) Abraxas Specialized Treatment Program Abraxas South Mountain Shelter Abraxas Youth Center (South Mountain) Secure Residential Treatment (ReSET, Fire Setters, and Sex Offenders) Abraxas Academy (Morgantown) Secure Resident Treatment (Habitual Offenders and Sex Offenders) Detention Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation, and LifeSpan Family Services of PA, 203 Lane Avenue, Punxsutawney, PA 15767, for foster family placement services on an as needed basis. The rates are as follows: Initial Clothing- -$250.00 Foster Care FC Behaviorally Challenged BC Medically Needy MN Emergency Placement EP Respite RP Kinship Wins! KW Parenting Youth PY Transitioning Teen TN Complex Case CC Rate/Day $79.50 $95.57 $95.57 $99.36 $99.36 $85.00 $118.66 $110.21 $180.00 Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County 7 Juvenile Probation and Keystone Adolescent Center, 201 Main Street, Greenville, PA 16125 for Residential, Shelter and Foster Care Services on an as needed basis. The rates are as follows: Initial Clothing $250.00 Residential Programs Keystone Adolescent Center - Cert# 437070 Specialized Setting (KAC) Males-MS Specialized Intensive (KAC) Males-MI Shelter (KAC) Males-MC Keystone Female Services - Cert# 410770 Specialized Setting (KFS) Females-FS Specialized Intensive (KFS) Females-FI Shelter (KFS) Females-FC Transitional Living - Males Apartment #1 - Cert# 400130-TM Apartment #2 - Cert# 445430-TM Apartment #3 - Cert# 445450-TM Apartment #4 - Cert# 445460-TM Apartment #5 - Cert# 445470-TM Transitional Living-Females- - Cert# 434340-TF Other Residential Services Diagnostic Program One-on-One Coaching Counseling Extraordinary Transportation + $5.00 Fuel Surcharge Non- Residential Programs/Evidence: Based Programs One-on-One Coaching Counsehing/n-Home Specialized Transportation Community Support Program Bridge Builders Aggression Replacement Training (ART) Botvin Life Skills - 10 sessions Victim Community Awareness (VCA) Rate/Day $296.00 $388.00 $237.03 $277.00 $390.00 $218.00 $203.18 $203.18 $203.18 $203.18 $203.18 $192.06 $2,450.00 $42.00/hour $40.00/hour $42.00/hour $23.00/hour $32.00/hour $60.00/hour $1,145.00 $315.00 $300.00 $315.00 $418.00 $315.00 Community Based Family Intervention Program $85.00/hour S.T.O.P. Jump Start Safe Dates Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Behavioral Health Administration Dave Rider presented the agenda items. 8 A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to consider placing on the agenda the following agreements and modifications. Contract Value $718,588 $9 91,112 $730,262 $338,107 $125,000 $57,000 $554,322 Period 07/01/24-06/30/25 0701/24-06,30/25 0701/23-06/30/24 0701/23-06/30/24 0701/23-06,30/24 0701/23-06/30/24 07/01/23-06/30/24 Base Contract Agreements 2024-2025 Allegheny Intermediate Unit Goodwill! Industries of Southwestern PA Modification Agreement #1 Allegheny Intermediate Unit Fayette Resources, INC Pathways of Southwestern PA Therapy Connections, LLC Modification Agreement #3 Laurel House, INC Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Recycingstormwater Sheila Shea presented the agenda item. An motion was made by Commissioner Lohr and seconded by Commissioner Vicites to consider placing on the agenda approval of an application submission for a 901 Household Hazardous Waste (HHW) grant through the Pennsylvania Resources Council (PRC) to provide multi-county HHW education and events for 2025. PRC will provide the matching funds. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Redevelopment Authority Andrew French presented the agenda item. A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to consider placing on the agenda adoption of a resolution approving a modification to a FY 2022 Community Development Block Grant (CDBG) Program on behalf of South Union Township, as attached. 9 Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Office of Human and Community Services/FACT Rudy Dutko presented the agenda item. An motion was made by Commissioner Lohr and seconded by Commissioner Vicites to consider placing on the agenda approval and implementation of the Fayette Area Coordinated Transportation (FACT) Accounting Policies and Procedure Manual. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Human Resources Lorraine Conard presented the agenda items. An motion was made by Commissioner Lohr and seconded by Commissioner Vicites to consider placing on the agenda: ASSESSMENT Approval of the separation of employment of Theresa Ometz, Computer, Network, & Administrative Assistant, effective August 30, 2024. BUILDINGS & GROUNDS Ratification of the hiring of Dana Rozak, Custodial Worker 1, SEIU, PG3, Step SR, Ratification of the hiring of Blake Wharton, Maintenance Worker III, SEIU, PG 10, Step $12.58/hour ($24,531.00 annually) effective September 3, 2024. SR, $15.85/hour ($32,968.00 annually) effective September 3, 2024. COMMISSIONERS: WEST NILE Approval of the resignation of Howard Metzger Jr., West Nile Technician, effective August 15, 2024. CENTRAL DEPARTMENT Approval of the resignation of Asia Revak, Part Time Clerk, effective August 1, 2024. 10 CYS Approval oft the resignation of Samantha Thompson, Caseworker 1, effective August Approval of the resignation of Russell Nicholson, Caseworker 2, effective September 12,2024. 20,2024. ELECTION BUREAU Ratification of the hiring of Chantla Israil, Department Clerk II, SEIU, PG 5, Step SR, $13.41/hour 626,149.50annualy, effective September 3, 2024. EMA Approval of the promotion of Elizabeth D'Auria to 911 Operations Manager, Non- Union, Supervisor, PG 14, Step C, $27.97/hour ($58,177.60 annually) October 7, 2024. FCBHA Ratification of the hiring of Alyson Snyder, County Caseworker 1, Non-Union, PG3 33, Step EE, $19.82/hour ($38,649.00 annually) effective August 12, 2024. Approval of the retirement of Kellie Gavran, MH Program Specialist 2, effective Ratification of the promotion of Sadie Huhn to MH Program Specialist 1, Non-Union, PG 39, Step MM, $29.62/hour ($57,759.00 annually) effective September 16, 2024. September 3, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Planning, Zoning and Community Development Art Cappella presented the agenda items. consider placing on the agenda: Amotion was made by Commissioner Lohr and seconded by Commissioner Vicites to Approval for Arthur Cappella's authorization in the Engineering Construction Approval for Arthur Cappella's authorization in the Engineering Construction Management System (ECMS) for Bridge projects: 72,115,02,03, and 155. Management System (ECMS) for the Sheepskin Trail. 11 Approval to proceed in the Engineering Construction Management System (ECMS) with Alternative 2 concerning project administration for locally sponsored projects added to the Transportation Improvement Plan (TIP). Alternative 2 represents PennDOT utilizing services of the county's engineer of record to design the projects. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Commissioners Chief Clerk Liston presented the agenda items. An motion was made by Commissioner Lohr and seconded by Commissioner Vicites to Approval of the August 13, 2024, commissioners agenda meeting minutes. Approval of the August 15, 2024, commissioners meeting minutes. consider placing on the agenda: Approval of a request by the Menallen Township Supervisors for the exoneration of the county taxes on one parcel located at 743 Old Route 51, Waltersburg, PA 15488, being Parcel No. 22-02-0037. Menallen Township acquired the property and is in the process of cleaning it up sO that it can be placed for sale and returned to the tax rolls. Approval of a motion to authorize Dinsmore & Shohl LLP, as bond counsel, and Stifel, Nicolaus & Company, Inc., as placement agent, to work with the county solicitor and appropriate county officers and employees to pursue financing options and all legal authorizations and approvals required under the Local Government Unit Debt Act to Approval of an ordinance amending the ordinance enacted on June 20, 2024, related to the Fayette County Infrastructure Bank; being formal action under the Local Government Unit Debt Act to amend the project description to include the addition of a capital project to be completed by the Borough of Everson and to remove the capital Approval of a resolution modifying the repayment terms of the county's 2024 Tax and Approval for UMWA Local 9113 to use the county property in front of the Fayette County Courthouse at 61 East Main Street, Uniontown PA from 1 p.m. to 5 p.m. on Sunday, October 6, 2024 to collect for items for the food bank in conjunction with The request is attached. fund the County's unfunded debt. project of the Brownsville Municipal Authority, as attached. Revenue Anticipation Note with United Bank, as attached. Fayette County Community Action Agency. 12 Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Public Announcements Chief Clerk Liston read the following openings into the record. Fayette County Agricultural Land Preservation Board The following boards and authorities have terms that expire in December and January: One Citizen at Large Representative Fayette County Airport Authority One Fayette County Airport Authority member Behavioral Health Advisory Board One County Commissioner Representative One Physician Representative One Representative in the Professional Field One Representative of Local Citizen's Organizations One Community Group Representative One At Large Representative Conservation District One Farm Director One Commissioner Director Fayette County Health Center Authority One Fayette County Health Center Authority member Fayette County Hospital Authority One Fayette County Hospital Authority member Fayette County Housing Authority One Fayette County Housing Authority member Industrial Development Authority 13 One Industrial Development Authority member North Fayette Municipal Authority One North Fayette Municipal Water Authority member Planning Commission Two Planning Commission members Regional Trails Corporation One Regional Trail Corporation member Multiple committee members Southwestern Pennsylvania Commission Public Participation Panel Southwestern Pennsylvania Human Services Council One Pennsylvania Human Services Council member FACTTransportation Executive Committee One FACT Senior Membership Representative Two FACT Transportation Executive Committee General Membership Representatives UCC Appeals Board One Category 2 Engineer member One Category 1 Developer member One Community Based Representative Zoning Hearing Board Westmoreland Fayette Workforce Investment Board One Fayette County Zoning Hearing Board full-time member Anyone interested in serving on one of these boards should send a letter of interest to Chief Clerk, Amy Liston at alsion@lyetepa.org or 61 East Main Street, Uniontown, PA, 15401. Letters must be received no later than October 18, 2024. Public Comments- None Adjournment adjourn the meeting. Amotion was made by Commissioner Lohr and seconded by Commissioner Vicites to 14 Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously 15 COUNTY OF FAYETTE COMMONWEALTE OF PENNSYLVANIA ORDINANCE NO. 2024- ENACTED SEPTEMBER 20, 2024 ENACTED JUNE: 20, 2024 AN ORDINANCE AMENDING A COUNTY ORDINANCE WHEREAS, thel Board of Commissioners of the County of Fayette (the "Local Government Unit") had previously enacted, on June 20, 2024, a debt ordinance pursuant to the Local Government Unit Debt Act (the "Act"), authorizing an incurrence of non-electoral indebtedness relating to thel Fayette WHEREAS, thel Prior Ordinance authorized thei incurrence ofindebtedness in the form ofa General Obligation Note, Series of 2024 in the principal amount of $4,500,000 (the "Note"); and WHEREAS, thel Note was authorized to be issued to pay the costs of the Project, as defined in the WHEREAS, the Local Government Unit desires, pursuant to the authority of Section 8103(c) of the Act, to change the definition ofthel Project in the Prior Ordinance in order to include the addition ofa capital project to be completed by thel Borough of Everson and to remove the capital project ofthe County Infrastructure Bank (the "Prior Ordinance"); and Prior Ordinance; and Brownsville Municipal Authority; and WHEREAS, the Local Government Unit, desiring to comply with the. Act, hereby ratifies and authorizes the necessary public notices and filings made or to be made in connection with this Ordinance; NOW THEREFORE, BEI IT, ANDITI HEREBY IS, ENACTED by the affirmative vote ofa majority ofall members of thel Board of Commissioners oft the Local Government Unit as follows: and Section 1. Section 90 of the Prior Ordinance titled Inter-municipal Contracts" is hereby deleted in its entirety and restated as follows: "The Designated Officers of the Local Government Unit are authorized to enter into contracts (including, as appropriate, loan or financing agreements, along with agreements for the purchase or acquisition of notes or other promissory instruments) with the Albert Gallatin Municipal Authority, the Connellsville Housing Authority, the North Fayette County Municipal Authority and the Borough of] Everson to work collaboratively to finance Section 2. The definition of "Project" as found on Exhibit P "Description of the Project," more specifically, Schedule 1 "Detailed List of Capital Improvements" of the Prior Ordinance is hereby deleted and complete thel Project." in its entirety and restated as follows: Applicant Albert Gallatin Municipal Authority Borough of Everson Estimated Project Budget Amount* $125,000 $630,000 Brief Project Description Replacement of line from Morris Crossroads south along 119 (approximately 4 miles). Various capital improvements, including, but not limited to, road maintenance and paving throughout the Borough. Various capital improvements, including, but not limited to, 31 Phase Plan to improve Greenwood Heights and Phase 1 plumbing improvements. Porter Hill Reservoir upgrade project. Connellsville Housing $1,734,204 North Fayette County $1,640,160 Municipal Authority Authority *Project amounts are estimated and do not include related costs of financing the Note. Section 3. All remaining portions of the Prior Ordinance remain and are hereby confirmed to be in full force and effect as ofthe datel hereof. DULY ENACTED on September 20, 2024. COUNTY OF FAYETTE [SEAL] By: Name: Scott Dunn Title: Chairman, Board of Commissioners Attest: By: By: Name: Amy Liston Title: ChiefClerk Name: Vincent A. Vicites Title: Vice-Chairman By: Name: Dave Lohr Title: Secretary RESOLUTION OF THE BOARDOF COMMISSIONERS OF THE COUNTY OF FAVETEVENANSYIVANA) ADOPTED: SEPTEMBER 20, 2024 WHEREAS, this Board of Commissioners (the "Board") did, by previous resolution adopted December 21, 2023 authorize, and approve thei issuance and delivery to United) Bank (the' "Lender")of,its $9,000,000 Tax and Revenue. Anticipation Note, Series 2024, datedJ January! 5,2024 (he" "Note"); and WHEREAS, this Board has determined, upon advice of Note Counsel and the Finance Director, that the best financial interests oft the County would bes served! bya a modification tot the terms of repayment ofs said) Note; and WHEREAS, the Lender. has approved such a modification; NOW THEREFORE BE. AND IT IS HEREBY RESOLVED THAT the Acknowledgement of Modification attached tot this resolution as ane exhibiti isa approved and the same is authorized tol bee executed by the Members oft this Board. Note Counsel to the County is authorized and directedt to deliver to deliver such document tot thel Lender fori its counterparty. signature, and top provide necessary opinions inc connection with the same. DULY ADOPTED at, and recorded in thet minutes of, properly constituted: meeting of the Board held on the 20th day of September,2024. COUNTY OF FAYETTE Chairman Vice-Chairman Secretary ATTEST: ChiefClerk #45708777v1 23 ACKNOWLEDGEMENT OF MODIFICATION OF THE TERMS OF THAT CERTAIN TAX. ANDI REVENUE. ANTICIPATION NOTE, SERIES 2024 And having thei following particular characteristics: Previously issued by the County of Fayette, Pennsylvania, int the principal amount of$9,000,000, Issuance Date: January 5,2024 terms, as follows: Interest Rate: 5.90% Maturity Date: December 30, 2024 This Instrument shall witness, as oft the 20th day of September, 2024, that the County of] Fayette has requested, and United Bank, ast the Registered Owner ofs said Note, has approved,aM Modification ofits Principal installment payments, each equal to One Million, Two Hundred Thousand Dollars ($1,200,000.00), due and payable on each of the several dates of September 20, 2024, October 18, 2024 and November 15, 2024, and one final principal installment payment equal to Six Hundred Thousand Dollars ($600,000.00), dues andj payable on) December 6, 2024, are! hereby deferred ands shall instead become due and payable, in the aggregate amount of $4,200,000, at the original final Maturity Date of thel Note, being December 30, 2024. The County affirms and agrees, as of the date of this Modification, that the principal amount of $4,200,000 remains due and outstanding under the Note and, notwithstanding the original terms of the Note for its amortization by installment payments, shall pay interest at the stated Interest Rate ont the 1s day of each month during the remaining term oft the Note, ons such full outstanding All other terms and conditions oft the Note remain unmodified, including its provisions for a Late Charge; PROVIDEDTHAT, and owing tot this Modification, the County ofFayette shall pay United Bank, in addition to the continuing and accruing interest on the Note, the sum of $500.00, representing the maximum! Late Charge due inr respect ofthe four principali installment payments which, byt the terms ofthis Modification, are being deferred and arer not being paid on their originally scheduled due dates. principal amount thereof, until its Maturity Date or earlier redemption. [THIS SPACE INTENTIONALLYIEFTI BLANK; SIGNATURE PAGE TOFOLLOW] #45708612v1 24 IN WITNESS WHEREOF, the County ofl Fayette has caused this Modification to be signed ini its name by the Members of its Board of Commissioners and its corporate seal to be hereunto affixed, ora facsimile thereof tol bej printed hereon, duly attested by the ChiefClerk, as oft the date first set forth above. COUNTY OFJ FAYETTE ATTEST: Chief Clerk [SEAL] By, By By. Chairman, Board of Commissioners Vice-Chairman, Board of Commissioners Secretary, Board of Commissioners APPROVEDAND AGREED' TOBY, as oft the date first set forth above. UNITED! BANK By: Authorized: Representative #45708612vl 25 RESOLUTION OF THE BOARD OF COMMISSIONERS OF FAYETTE COUNTY APPROVING MODIFICATIONS OF THE FY2022 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FAYETTE COUNTY, PENNSYLVANIA OBO SOUTH UNIONTOWNSHIP WHEREAS, the Pennsylvania Department of Community and Economic Development (DCED) allocated Community Development Block Grant funds to the County of Fayette and WHEREAS, the County of Fayette and South Union Township have decided that it is int their best interest to make modifications to the FY2022 Community Development Block Grant Program reallocate funding for a Sheepskin Trail Connector project at the South Union WHEREAS, the proposed projects will benefit low- to moderate-income persons; and WHEREAS, the Redevelopment Authority has updated the Citizen Participation Plan in order toc comply with the administration of the CDBG Program and that the County of Fayette has met all citizen participation requirements for consideration oft the proposed modifications. on behalfofSouth Union Township for Fiscal Year 2022; and Regional Recreation Center Area of the Township; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioner softhe County ofFayette that thel FY2022 Community Development Block Grant Program shall bei modified as follows: Mod/Rev Mod #1 Activity Action Approved Current Amount Revised Amount 03F Recreation Reduced Improvements Regional Recreation Center 136,394 111,894 26 Improvements Phase II Added 03F Recreation Improvements Sheepskin Trail Connector 14A Housing Rehabilitation Delivery Program Administration TOTAL 0 24,500 No Change No Change 4,000 4,000 30,818 $171,212.00 30,818 $171,212.00 27 Menallen Township Supervisors 427 Searight-Herbert Road Uniontown, PA 15401 Phone 724-245-7108 Fax 724-245-0201 muni@menalen.org Brian E May Stephen LI Myers Barry Jordan August 19, 2024 Fayette County Commissioner Vincent Vicities 61 East Main Street Uniontown, PA 15401 To Whom It May Concern, RE: Exoneration of current & back taxes Parcel 22-02-0037 Recently Menallen Township has obtained the propcrty ar 743 Old Route 51 Waltersburg, Menallen Township parcel 22-02-0037. This property has been acquired through the conservatorship program which addresses blighted areas. Menallen Township has followed the requirements of the courts to proceed with cleaning up this property and now requests that all current & back taxes be exonerated to proceed with the next stcp of selling the property- Once this is accomplished, this property will go back on the tax rolls under new ownership. This program has worked well for out township in helping to clean up blighted areas. As Township Supervisors, we kindly ask for your participation in this request. Should you have any questions concerning this matter, fcel frec to contact us at any time. Sincerely, Menallen Township Supervisors Br Eme Brian EN May, Chairman A Shhnsme Stephen LI Myers, Secretary Taxes at face value 2024 thru 2022 County Township $ 197.54 School Costs $ 467.65 $2,324.95 $ 161.46 COURT OF COMMON PLEAS, FAYETTE COUNTY, PENNSYLVANIA JUVENILE PROBATION OFFICE FIRSTFLOOR- FEDERAL BUILDING, 34 WEST PETER STREET UNIONTOWN, PENNSYLVANIA 15401 PHONE: (724)430-1223 FAX: (724) 430-2085 HONORABLE JOHNF F. WAGNER. JR. SENIOR & JUVENILE COURT JUDGE September 9, 2024 TO: CHIEF. JUVENILE HEATHLRANDOLPH PROBATIONOFFICER Scott Dunn, Fayette County Commissioner, Chairman Vincent A. Vicites, Fayette County Commissioner, First Vice- Chairman Dave Lohr, Fayette County Commissioner, Secretary FROM: Heath I Randolph, CJPO RE: Commissioners, Juvenile Court Judges' Commission Grant in Aid & related FY: 2024/2025 Attached for your review and consideration for placing on the agenda, please find the annual Juvenile Probation Services Grant Agreement which will be presented at the September 2024 agenda meeting. Said grant funds are to be utilized from July 1, 2024, through June 30, 2025. A Letter of Equity is attached for signature confirming that all Juvenile Probation staff receive compensation commensurate with other County and Court staff, as well as the worker protection form and previous year financial statement. For fiscal year 2024 I 2025, Fayette County has again been allocated a total of $225,385.00 from the Juvenile Court Judges' Commission. This funding is used to offset the costs of juvenile probation services within the County, with up to 10% ($22,538) of those funds being approved for administrative expenditures within the department. This is a non-matching grant and is contingent upon this office adhering to a wide variety of operating standards, practices and our JCJC approved JJSES implementation plan. After you have signed the attached documents, please return them to me at your earliest convenience. Iwill then submit alli forms to President Judge Leskinen for his approval, then to the Juvenile Court Judges' Commission. Upon JCJC approval, an Award Notification/nvoice will arrive requiring further signature to release the funds to the County. Ifyoul have questions, please call me at your convenience. Thank you Cc: File 29 Applicant County: FAYETTE Contact Person: Heathi. Randoiph Contract! Number: 4100098226 Payable To: FAYETTE COUNTY COMMISSIONERS Vendor 1.D. Number: 159009 Juvenile Probation Services Program Grant Agreement This Juvenile Probation Services Program grant agreement is between the Commonwealth of Pennsylvania ("Commonwealtn), acting through the Juvenile Court Judges' Commission ("Commission"), with its principal offices located at 601 Commonwealth Avenue, Suite 4600, Harrisburg, PA 17106-2425 and Fayette County ("Grantee"), with its principal offices located at61 Pursuant to the Juvenile Act, 42 Pa.C.S.A. S6 6374, the Commission has the authority to "make annual grants to political subdivisions for the development and improvement of probation serviçes for juveniles." As a result, the Commission has established the Juvenile Probation Services Grant The Grantee has submitted a Juvenile Probation Services plan ("Plan") to the Commission and the Commission has approved the Plan. Therefore, the Commission wishes to set forth the terms and conditions of the Program grant award for statef fiscal year ("SFY)2024-2025. The parties, intending to be legally bound, agree as follows: East Main Street, Suite 1k, Courthouse, Uniontown, PA 15401-3514. Program ("Program"). 1. Grant Award. Subject to the terms and conditions of this agreement and the availability off funds, the Commission hereby awards:$225,385 3.00 in Program funds to the Grantee to support the Plan set forth in Exhibit A. Upon receipt of the funds, the Grantee shall promptly deposit the funds in an interest-bearing account in a bank or other financial institution insured by the FDIC, FSLIC, NÇUA or equivalent governmental insurer. The Grantee shall expend the Program funds and any interest earned from the funds solely 2. Payment. Upon the full execution of this agreement, the Commission shall initiate 3. Performance Period. The period of performance for this agreement will commence on July1. 2024, and end on June 30. 2025 ("Performance Period"). The Grantee may utilize the Program funds received to pay1 for any authorized costs and expenses incurred byt the 4. Term. The term of this agreement will commence on the date oft the last Commonwealth signature and will remaini in effect until June 30. 2025 (Term"), unless sooner terminated in accordance with paragraph 5. This agreement is not binding in any way, nor will the Commonwealth or the Commission be bound, until this agreement has been fully executed and at fully signed copyi is sent tot the Grantee. The Commission may extend the Term, Performance Period, or both for up to six months by providing a written notice of 5. Termination. The Commission may terminate this agreement, at any time, for its for the purposes set forth in the Juvenile Act. payment to the Grantee. Grantee during the Performance Period. extension to the Grantee. Page 1of16 30 convenience ori for any other reason ifito determines that termination isi ini its besti interest, oris otherwise appropriate, by providing written notice oft termination to the Grantee. The 6. Return of Unexpended Funds. Upon the expiration or termination of this agreement, the Grantee shall return all unexpended funds and any interest earned from the funds to the Commission no later than 30 calendar days after the date of expiration or termination. a. Complete and submit a Juvenile Justice System Enhancement Strategy ("JJSES) Implementation Survey for SFY 2024-2025 to the Commission on or before June b. Implement and adhere to its Commision-aproved Youth Level of Service (YLS) C. Ensure that its internal YLS Master Trainer obtains and maintains the required certification or partner with another county that has a certified YLS Master Trainer d. Implement and adhere toi its Commisson-approved Case Plan policy. e. Ensure that iti maintains an internal Case Plan Coordinator or partner with another county to provide Case Plan Coordinator services. f. Submit a proposed budget that complies with the Program guidelines by! March 1, g. Ensure the compensation provided to juvenile probation officers, including salaries, salaryi increases, and bonuses, is equitable to the compensation provided to other county and court personnel, in accordance with subsection 200. 1003( (a) h. Provide the Commission with certified expenditure reports, a schedule of staff salaries, personnel transaction reports, and a certification that the compensation provided toj juvenile probation officers andj juvenile probation personnelr covered! by collective bargaining agreements, including salaries, salary increases, benefits, and bonuses, is equitable to and competitive with the compensation provided to other county and court personnel, as well as with those ofc other components oft the county criminal justice system, human service agencies within the jurisdiction of county government or both ina a manner, format, and ati intervals as determined by Participate in the Commission's Statewide Juvenile Court Statistical Program, Outcome Measures Reporting Program, and Detention Monitoring and Reporting notice must specify the date of termination. 7. Grantee Responsibilties. The Grantee shall: 1.2024. policy. to provide YLS Master Trainer services. 2025. of Title 37 ofthe Pennsylvania Code. the Commission. Program. Page 2of16 31 8. Reporting Requirements. No later than 30 calendar days after the expiration or termination of the Term, the Grantee shall submit a final report to the Commission that includes details regarding the completion of the Plan, an accounting of the use of the Program funds, and an accounting of any interest earned from the Program funds. 9. Compliance with Applicable Regulations and Commission Policies. The Grantee shall a. The Standards Governing the Operation ofa Juvenile Probation Merit System, set EwissiasePaieNSiansadiSandadsaIGost The Standards Governing the Use of Secure Detention under the Juvenile Act, set d. The Standards Goveming Hearings and Administrative Reviews for Children Held in Secure Detention, set forth in 37 Pa Code $200.101 et seq. 10. Commonwealtn Standard Terms and Conditions. The Grantee shall comply with the Commonwealth Standard Terms and Conditions set forth in Exhibit B. 11. Maintenance and Retention of Records. The Grantee shall maintain, at its principal offices, accurate records and accounts, including documents, certifications, correspondence, quotes, invoices, and other evidence pertaining to costs and expenses iti incurs pursuant to this agreement. The Grantee shall retain all required records fora period oft three years from the expiration ort termination oft this agreement, excepti in those cases where unresolved audit questions may require maintaining some or all records for a longer period. In such an event, the Grantee shall maintain these records until all 12. Audit Rights. At any time during normal business hours and as often as the Commission deems necessary, the Grantee shall make available for inspection by the Commission, the Commonwealth Auditor General, the Commonwealth Attorney General, or their duly authorized representative(s), all of its reçords with respect to all matters covered by this agreement and shall permit the Commission, the Commonwealth Auditor General, the Commonwealth Attorney General, or their duly authorized representative(s) to audit, 13. Offset. Withholding. Recoupment. The Commission may offset, withhold, or recoup Program funds if the Commission determines, its sole discretion, that an expenditure is or was not eligible or allowable under any policy, guideline, regulation, requirement, or term of the Program or this agreement. If the Commission provides a notice of recoupment of Program funds to the Grantee and the Grantee fails to return the funds in accordance with the notice, the Commonwealth, in addition to any rights or remedies it may have at law or in equity, may offset the amount due against any existing or future comply with the following standards: forth in 37 Pa. Code S 200.1001 et seq. b. The Standards Governing Juvenile Court Intake, found at nin.a20luvenie*20Cour*A2Ontake-d: forth in 37 Pa Code S 200.1 et seq. pending matters are resolved. examine, and make copies oft these records. Page 3of16 32 sums of money owed tot the Grantee by any Commonwealth agency or department. 14. Remedies Not Exclusive. The rights and remedies oft the Commission provided under this agreement. are not exclusive and are ina addition toa any otherr rights and remedies provided 15. Liability. The Commission shall not be liable for any claims, damages, or liability arising out of, or related to, the Grantee's activities or services funded, in whole or in part, pursuant to this agreement. Nothing in this agreement may be construed to waive or otherwise affect the sovereign immunity of the Commonwealth ori its agencies. a. Ifthe Commission determines that the Grantee is not complying with the terms oft this agreement, the Commission may temporarily suspend this agreement, ata any time, by providing written notice of the suspension to the Grantee. During the term of suspension, the Grantee may not expend any Program funds during the period that the agreement is suspended, except as authorized pursuant to an order by a court of competent, jurisdiction. The Grantee shall cure any default or other circumstance that is the basis for suspension oft this agreement within a period oft time agreed to by the b. - This agreement is conditioned upon complete performance by the Grantee of past agreements or contracts between the parties. Complete performance includes the Grantee's timely submission of the require reports, survey, and budget. If the Commission determines that there has been incomplete performance of past agreements or contracts byt the Grantee, the Commission, by giving written notice to the Grantee, may suspend payment under this agreement until such time as the Grantee has fulfilled its obligations under past agreements or contracts to the satisfaction of the Commission. When the Grantee has fulfilled its obligation under past agreements or contracts to the Commission's satisfaction, the Commission may 17. Notice. All notices and reports arising out of, or from, the provisions of this agreement 18. Amendments and Modfications. Except as provided in paragraph 4, no amendment or modification oft this agreement is valid uniess made in writing and signed by the parties 19. Independence of Parties. Nothing contained in this agreement is intended or may be construed to, in any respect, create or establish the relationship of partners between the parties, or as constituting the Grantee as the representative or general agent of the 20. Severability. The provisions of this agreement are severable. If any phrase, clause, sentence, or provision ofi this agreement is declared to be contrary to the Constitution of Pennsylvania or oft the United States or oft the laws oft the Commonwealth the applicability by law. 16. Temporary Suspension. Commission, resume payment of Program funds under this agreement. must be in writing. with the same formality as this agreement. Commission for any purpose whatsoever. Page 4of16 33 thereoft to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereoft to any govemment, agency, 21. No Waiver. The failure ofe either party to insist upon the strict performance of the terms and conditions of this agreement may not constitute or be construed as a waiver or relinquishment of either party's right to thereafter enforce the same in accordance with 22. Integration. When fully executed by the parties, this agreement will be the final and complete agreement between the parties containing all the terms and conditions agreed on by. the parties. All representations, understandings, promises, and agreements pertaining to the subject matter of this agreement made prior to or at the time this agreement is executed are superseded by this agreement, unless specifically accepted by any other term or provision of this agreement. There are no conditions precedent to the performance oft this agreement, except as expressly set forthi in this agreement. 23. Counterparts. This agreement may be executed in any number of counterparts, each of which when executed and delivered constitute the entire agreement. This agreement will be considered duly executed and delivered by any party affixing its electronic signature to an electronic file oft the contract or when the signature ofa party is delivered by facsimile transmission or delivered by scanned image as an attachment to electronic 24. Electronic Signatures. The agreement may be electronically signed in accordance with person or circumstance will not be affected thereby. this agreement. mail (email). the Electronic Transaction Act, 73P.S. $2260.301 et seq. [SIGNATURE PAGE FOLLOWS. Page 5of16 34 The parties, through their authorized representatives, have signed this agreement below. COMMONWEALTH OF PENNSYLVANIA JUVENILE COURT JUDGES' COMMISSION COUNTY OF FAYETTE Executive Director Date PesidenlAdministralive Judge Date Chairan/County Executive Date Commissioner Commissioner Date Date APPROVED AS TO FORM ANDI LEGALITY: COMMISSION LIAISON COUNSEL Date OFFICE OF GENERAL COUNSEL Date OFFICE OF ATTORNEY GENERAL Date 24-FA-2.4 24-FA-2.4 Approved as tot fiscal responsibility, budgetary appropriateness & availability of funds ini the amount of $225.385.00 under Appropriation Symbol 11005 Contract: #4 4100098226. 100% Commonwealth funds Comptroller Date Page 6 of16 35 EXHIBIT A COUNTY JJSES PLAN APPROVAL Page 70 of16 36 EXHIBITB GRANT VERSION (REVISED-10/12023) COMMONWEALTIE STANDARDTERMS, AND CONDITIONS- 1. DEFINITIONS Capitalized terms usedi in these Commonwealth standard terms and conditions that are not otherwise defined in these provisions have the meanings specified int the agreement to which they are attached. The Grantee shall indemnify and defendt the Commonwcalth against all third-party claims, suits, demands, losses, damages, costs, and expenses, including without limitation, litigation expenses, attorneys' fees, and liabilities, arising out of or in conncction with any activities performed by the Grantee or its employees and agents pursuant to this agreement, as determined by the Commonwealth ini its sole discretion. 2. INDEMNIFICATION 3. MORDBCADMATOMANLAL HARASSMENT Representations. The Grantee represents that iti is presently in compliance with and will: remain inc compliance with all applicable federal, state, and local laws, regulations, and policies relating tor nondiscrimination: and sexuall harassment for the term oft the agreement. The Grantee shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to its books, records, and accounts by the Commonwealth for the purpose of ascertaining compliance with provisions oft this Nondsemimination'sexual Harassment Clause. b. NomdiseriminationSerual Harassment Obligations. The Grantee shall not: in any manner discriminate in the hiring of any employee(s) for the performance of the activities required under this agreement or any subgrant agreement, contract, or subcontract, by reason ofr race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations Act ("PHRA") and applicable federal laws, against any citizen oft this Commonwealth who is qualified and ii. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, ii. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, in the provision of scrvices under this agreement or any subgrant agreement, contract, or available top perform the work to which the employment relates. against ori intimidate any ofi its employees. subcontract. Page 80 of16 37 iv. in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, ori in violation OfPHRA and: applicable federall laws, against any subgrantee, contractor, subcontractor, or supplier who is qualifiedt to perform the work in any manner discriminate against employees by reason ofp participation in or decision to refrain from participating in! labor activities protected undert thel 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' exclusive Establishment of Grantee Policy. The Grantee shall establish and maintain a written nondiserimination: and sexual harassment policy that complies with the applicable law and these Nondserimination'sexual Harassment provisions and shall inform itse employees in writing ofthe policy. Thej policy must contain aj provision that states that sexual harassment will not bet 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 Nondseriminaton'sexual Harassment provisions conspicuously in easily accessible and well- lighted places customarily frequented by employees at or near where the grant activitics are performed; or (2) provide electronic notice of the policy or this clause to its employees not less d. Notification of Violations. 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 resuit in violation oft these provisions. Cancellation or Termination of Agrecment. The Commonwealth may cancel or terminate this agreement and all money due or to become duc under this agreement may be forfeited for a violation of the terms and conditions oft these Nondiserimination'Sexual Harassment provisions. Ina addition, the granting agency may proceed with debarment or suspension and may place the Subgrant Agreements, Contracts, and Subcontracts. The Grantee shall include these NondisewriminationSexual Harassment provisions in its subgrant agreements, contracts, and subcontracts with all subgrantees, contractors, and subcontractors providing goods or services undert this agreement. The incorporation oft these provisions int the Grantor's subgrants, contracts, ors subcontracts does not create privity ofcontract! betweent the Commonwealth and any subgrantee, contractor, ors subcontractor, and not third-parly beneficiaries are created by those provisions. Ifthe 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 Definitions. For purposes oft these Grantee Integrity Provisions, the following definitions apply: to which this agreement relates. representatives. than annually. Grantee int the Contractor Responsibility File. subcontractor's compliance with these provisions. 4. GRANTEE INTEGRITY Page 9of16 38 i. "Affiliate" means two or more entitics where (a)a parent entity owns more than 50% of the voting stock ofeach oft the entities; (b)a common shareholder or group ofs sharcholders owns: more than 50% oft the voling stock of each of the entities; or (c) the entities havea ii. "Grantee" means the individual or entity, that has entered into this agreement with the iii. "Grantee Related Parties" means any Affiliates oft the Grantee and the Grantee'se executive officers, Pennsylvania officers and directors, or owners of five percent or more interest in 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 holding any "Gratuity" means tendering, giving, orp providing anything ofmoret than nominal monetary value including, but not 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, 41 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. common proprietor or general partner. Commonwealth. the Grantee. position of management. b. Representations and' Warranties. Grantee Representation and Warranties. The Grantee represents, to the best of its knowledge and belief, and warrants that within the last five years neither the Grantee nor 1. been indicted or convicted lofacrimei involving moral turpituded or business honesty 2. been suspended, debarred, or otherwise disqualified from entering into any contract 3. had any business license or professional license suspended or revoked; 4. hada any sanction ori findingo of facti imposed as result ofajudicialora administrative proceeding related to fraud, extortion, bribery, bid rigging, embezzlement, 5. been, and are not currently, the subject ofa criminal investigation by any federal, state, orl localj prosecuting or investigative agency or civil anti-trust investigation! by any federal, state, or local prosecuting ori investigative agency. ii. Contractor Explanation. Ift the Grantee cannot make the representations and warranties set forth above at the time ofi its submission of its grant application or ift the agreement is awarded pursuant to a Non-Solicitation. Award Process at the time oft the 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 oni its Grantec Related Parties have: ori integrity in any. jurisdiction; with any governmental agency; misrepresentation or anti-trust; and Page 10 of16 39 evaluation of the explanation provided, determine whether it is in the Commonwealth's iii. 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 of these Grantee Integrity Provisions during thet term ofthea agreement. iv. Notiçe. The Grantee shall immediately notify the Commonwealth, iny writing, ifat any time during the term of the agreement it becomes aware of any 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 leams that any ofthe certifications made in these Grantee Integrity Provisions are currently falsc or misleading due to intervening factual circumstances or were false or misleading or should have been known to bei false or misleading when entering into the agreement. Grantee Responsibilities. During the term ofthis agreement, the Grantee shall: i. maintain the highest standards ofH honesty and integrity. best interest to execute the agreement. ii. take no action in violation of any applicable laws, regulations, or other requirements applicable to the Grantee that govern Commonwealth contracting or grant administration. ii. 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 Commonwcalth and Commonwcalth employees and ensure that its iv. not accept, agree to give, offer, confer, agrec to confer, or promisc to confer, directly or 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 tot the award of grants or V. not have ai financial interest in any other subgrantee, contractor, subcontractor, or supplier providing services, labor, or material under this agreement, unless the: financial interest is disclosed to the Commonwealth in writing and the Commonwealth consents to Grantee's financial interest. The Grantee must disclose the financial interest tot the Commonwealth at the time of submission of its grant application, or ifa Non-Solicitation Award Process is used, no later than the date the Grantec signs the agreement. The Commonwealth shall be dcemed to have consented ifthe required disclosure is received and all of the required vi. comply with thei requirements ofthel Lobbying Disclosure Act (65 Pa.C.S.S1 13A01e ets seq.) vii. comply with the requirements of Section 1641 of thel Pennsylvania Election Code (25P.S. $3260a) ifthis agreement was awarded pursuant toal Non-Solicitation Award Process. employces comply with the policy. the administration of this agreement. Commonwealth signatures are affixed. regardless oft thei method of award. Page 11of16 40 viii. immediately notify the Commonwealth or the Office of 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 of Conduct, or these Grantee Integrity Provisions has occurred or may occur, including, but not limited to, contact by a Commonwealth officer ore employee, which, ifacted upon, would violate the ethical standards. d. Investigations. Ifa State Inspector General investigation: isi initiated, the Grantee shall: i. reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office oft the State Inspector General fori investigations oft the Grantee's compliance with the terms ofthis or any other agreement between the Grantee and the Commonwealth that resultsi in thes suspension or debarment ofthe Grantee. The Grantee shall not be responsible for investigative costs for investigations that do not result in the Grantee's suspension or ii. cooperate with the Officc oft the State Inspector General ini itsi investigation ofa 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 voluntecrs available for interviews at reasonable times and places. iti. 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 integrity and compliance with these provisions. This information may include, but ist notl bel limited to, the Grantee's business or financial records, documents orf files ofany type orf form that refert to or concern Termination. For violation ofa any ofthese Grantee. Integrity Provisions, the Commonwealth may terminate this agrcement and any other contract with the Grantee, claim liquidated damages in an amount equal to the value of anything reccived in breach of these Grantee Integrity provisions, claim damages for all additional costs and expenses incurred in oblaining 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 of any one does not preclude the use of all or any other. These rights and remedies are in addition tot those the Commonwealth may have under law, statute, regulation, or otherwise. 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 privity of contract between the Commonwealth and any subgrantee, contractor, or subcontractor, and no third-party beneficiaries are created by the inclusion of these provisions. Ift the Grantee becomes aware ofa subgrantee's, contractor's, ors subcontractor's' violation oft these provision, the Grantee shall usei its debarment. this agreement. best efforts to ensure their compliance with these provisions. 5. CONTRACTOR: RESPONSIBILITY Page 12 of16 41 Definition. For the purpose of these provisions, the term "Contractor" mcans as any person, including, but not limited to,ab bidder, offeror, loan recipient, grantee or lessor, who has furnished or performed ors seeks to furnish or perform, goods, supplics, services, leascd 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 int the Commonwealth. b. Contractor Representations. The Contractor represents for itself and its subgrantces, contractors, and subcontractors required to be disclosed or approved. by the Commonwealth, that as of the date ofi its execution of this agreement, that neither the Contractor, nor any of its subgrantees, contractors, and: subcontractors, are under suspension or debarment by the Commonwcalth ora any governmental entity, instrumentality, ora authority and, ifthe Contractor cannot make this representation, the Contractor shall submit, along with the agreement, a written ii. The Contractor represents that, as of the date ofi its execution of this agreement, it has no tax liabilities or other Commonwealth obligations, or has filed a timely administrative or judicial appcal, if any liabilities or obligations exist, or is subject to a duly approved Notification. The Contractor shall notify the Commonwealth if, at any time during the term oft the agreement, itb becomes delinquent in thej payment oft taxes, or other Commonwealth obligations, or ifit or, to the best ofi its knowledge, any of its subgrantecs, contractors, or subcontractors are suspended or debarred by the Commonwealth, the federal government, or any other state or governmental entity. The Contractor shall provide this notification within 15 days of the date of Default. The Contractor's failure tor notify the Commonwealth ofits suspension or debarment by the Commonwcalth, any other state, or the federal government constitutes an event of default of Reimbursement. The Contraçtor shall reimburse the Commonwealth for the rcasonable costs of investigation incurred by the Office of State Inspector General for investigations of the Contractor's compliance with the terms of this agrecment or any other agreement between the Contractor and the Commonwealth that results in the suspension or debarment oft the Contractor. These costs include, but arer not limited to, salaries ofi 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 in the Contractor's Suspension and Debarment List. The Contractor may obtain a current list of suspended and debarred Commonwealth contractors by visiting the eMarketplace website at explanation of why the certification cannot be made. deferred payment plani ifany liabilities exist. suspension or debarment. the agreement with the Commonwealth. suspension or debarment. pamAaNN and clicking the Debarment list tab. 6. AMERICANS WITHI DISABILITIESACT Page 13 of16 42 Nol Exclusion. Pursuant tot the Americans with Disabilities Act, 421 U.S. Code $ 12101, ets seq., no qualified individual with a disability may, on the basis of the disability, be excluded from participation. in this contract orf from activities provided for under this agreement. 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 in28C.F.R. $35.130, and all other regulations promulgated under' Title Hoft the Americans with Disabilities Act that apply tos state and local governments. Indemnification. The Grantee shall indemnify the Commonwealth against all third-party claims, suits, demands, losses, damages, costs, and expenses, including without limitation, litigation expenses, attorneys' fees, and liabilities, arising out ofor in connection with the Grantee's failure or its employee's or agent's failure to comply with the provisions of paragraph a, as determined This contract is governed by and must be interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania (without regard to any conflict of laws provisions) and the decisions of the Pennsylvania courts. The Contractor consents tot thej jurisdiction ofa any court ofthe Commonwcalth ofF Pennsylvania and any federal courts inj Pennsylvania and waives any claim or defense that such forum is not convenient orp proper. Any Pennsylvania court ort tribunal has inp personam jurisdiction over the Contractor, and the Contractor consents to service of process in any manner authorized by Pennsylvania law. This provision may not bei interpreted asa by the Commonwealth ini its sole discretion. 7. APPLICABLE LAW AND FORUM waiver or limitation oft the Commonwealth's: rights or defenses. 8. RIGHT TO: KNOWLAW tot this contract. Applicability. Thel Pennsylvania Right-to-Knowl Law, 6PS.$96.101-3104,RIKLaPpies Grantec Assistance. Ift the Commonwealth needs the Grantee's assistance in any matter arising out ofthel RTKLrelatedi tot this contract, the Commonwealth shall notify the Granteet thati itrequires thc Grantee's assistance, and the Grantee shall provide tot the Commonwealth: i. 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 believesi isap public record under thel RTKL, within ten calendar days after receipto tofwritten ii. any other assistance as the Commonwealth may rcasonably request, in order to comply Trade Secret or Confidential Proprietary Information. Ifthe Grantee considers the Requcsted Information toi include a' Trade Secret or Confidential Proprietary Information, as those terms are defined by thel RTKL, or other information that the Contractor considers exempt from production under thel RTKL, the Grantee shall notify the Commonwealth andj provide, within seven calendar days of receipt of the written notice awritten statement, signed! by a representative oft the Grantee, that explains why the requested material is exempt from public disclosure undert the RTKL.Ifthe notification; and with thel RTKL with respect tot this contract. Page 14of16 43 Commonwcalth determines that the Requested Information is clearly not exempt from disclosure, the Grantee shall provide the Requested Information to the Commonwealth within five business days ofr receipt of written notice oft the Commonwealth's determination. d. Reimbursement Commonwealth Reimbursement. If the Grantee fails to provide the Requested Information and the Commonwealth is ordered top 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 statutory 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 allowed under the fee schedule established by the Office of Open Records ora as 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, ori in the Pennsylvania Courts, however, the Grantees 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 may incur as a result of the Grantee's legal challenge, Waiver. As between the parties, the Grantee waives all rights or remedies that may be available toitasaresult ofthe Commonwealth's disclosure ofRequested: Information pursuant tot the) RTKL. Survival. The Grantee's obligations contained int this Section: survivei thet termination or expiration The Commonwealth may set off the amount of any state tax liability or other obligation of the Grantee, or its subsidiaries, owed tot the Commonwealth. against any payments due the Grantee under any contract between the a. Payment Method. The Commonwealth shall makc payments to the Grantee through the Automated Clearing House (ACH). Within 10 days of the grant award, the Grantee must submit orr must have submittedi its ACHi information" within its user profile int the Commonweall's Master Database. The Grantee may enroll to receive remittance information via electronic addenda and email (e-Remittance). ACH: and e-Remittance information is available at the following: shhNAsamSamikahaba.sstmkkmNsas b. Unique Identifier. The Grantee must submit a unique invoice number with each invoice submitted. The Commonwealth shall list the Grantec's unique invoice number on its ACH damages assessed against the Commonwealth. otherwise provided by thel RTKL. regardless ofthe outcome. oft this contract. 9. OFFSET Commonwealth: and Grantee. 10.AUTOMATED CLEARING. HOUSE (ACH) PAYMENTS Page 15 of16 44 remittance advice to enablc the Grantee to properly apply the state agency's payment to the ACHI Information in the Commonwealth's Master Database. The Grantee shall ensure that the ACH information contained in Commonwcalth's Master Database is accurate and complete. The Grantee'sf failure tor maintain accurate and complete information may resulti in delays inp payments. The Grantee shall comply with all applicable Pennsylvania state labor laws and worker safety laws respective invoice or program. 11. WORKER PROTECTION AND INVESTMENT including, but not limited to, the following: Construction Workplace Misclassification, Act; b. Employment of Minors Child] Labor Act; Minimum Wage Act; d. Prevailing Wage Act; Equal Pay Law; Seasonal Farm Labor Act; h. Wage Payment and Collection! Law; Industrial Homework Law; Employer to Pay Employment, Medical Examination Fee Act; Construction Industry Employee Verification Act; k. Act 102: Prohibition on) Excessive Overtime inl Healthcare; Apprenticeship: and Training Act; and m. Inspection of Employment Records Law. Page 16 of16 45 WORKER PROTECTION AND INVESTMENT CERTIFICATION FORM A. Pursuant to Executive Order 2021-06, Worker Protection and Investment (October 21, 2021), the Commonwealth ist responsible for ensuring that every worker inj Pennsylvania has a safe and healthy work environment and the protections affordedt them through labor laws. To that end, contractors and grantees of the Commonwealth must certify that they are in compliance with Pennsylvania's Unemployment Compensation Law, Workers' Compensation Law, and: alla applicable Pennsylvania state labor and workforce safety laws including, but not limited to: 1. Construction Workplaçe Misclassification. Act 2. Employment ofMinors Child) Labor Act 3.N Minimum Wage Act 4. Prevailing Wage Act 5. Equal Pay Law 6. Employer to Pay Employment Medical Examination Fee Act 7. Seasonal Farm Labor Act 8. Wagel Payment and Collection. Law 9. Industrial Homework Law 10. Construction. Industry Employee Verification. Act 11. Act 102: Prohibition on! Excessive Overtime inj Healthcare 12. Apprenticeshipi and Training Act 13. Inspection of Employment Records Law B. Pennsylvania law establishes penalties for providing false certifications, including contractt termination; and three-yeari ineligibility to bid on contracts under 62Pa.C.S. $531 (Debarment or suspension). I,t the official named below, certify I am duly authorized to execute this certification on behalf of the contractor/grantce identified below, and certify that the contractor/grantee identified below is compliant with applicable Pennsylvania state labor and workplace safety laws, including. but not limited to, those listed in Paragraph A, above. Iunderstand thatlmust report any change in1 the contractorgrantee's: compliance status to the Purchasing Agency immediately.. I further confirm and understand that this Certification is subject to the CERTIFICATION provisions and penalties of 18Pa.C.S. $4904 (Unsworn falsification to authorities). Signature Scott Dunn Name (Printed) Commissioner Chairman Title ofCertifying Official (Printed) Fayette County Contractor/Grante. Name (Printed) Date BOP-2201 Published: 02/07/2022 46 pennsylvania JUVENILECOURT: JUDGES' COMMISSION Date: September.S,.2024. Mr. Robert. J. Tomassini Executive Director Juvenile Court Judges' Commission Pennsylvania Judicial Center 601 Commonwealth Ave., Suite 4600 P.O. Box 62425 Harrisburg, PA 17106-2425 Dear Mr. Tomassini: Please be advisedi that the compensation provided toj juvenile probation officers including salaries, salary increases and bonuses, provided to Fayette County's juvenile probation personnel is equitable to the compensation provided to other county and court personnel, in accordance with subsection: 200.1 1003 (a)ofTite 37 oft the! Pennsylvania Code. Sincerely, President Judge Chairman/County Executive County Commissioner County Commissioner Date Date Date Date Juvenile Court. Judges' Commission www.ck.pa.goy Pennsylvania. Judicial Center! 1601 Commonwealth Avenue, Suite 4800IPOE Box6 62425 Harrisburg. PA 17106/717,78769101F 717.783.6265 47