FAIRMONT CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 14, 2025 7:00 P.M. COUNCIL CHAMBERS PUBLIC SAFETY BUILDING 500 QUINCY STREET FAIRMONT, WEST VIRGINIA AGENDA I. CALL TO ORDER - Mayor II. ROLL CALL OF MEMBERS - Janet L. Keller, City Clerk III. OPENING CEREMONIES A. Prayer/Meditation - Rev. Leo Riley B. Pledge Of Allegiance - Councilmember Rice IV. APPROVAL OF MINUTES Regular Meeting - December 17, 2024 V. PUBLIC HEARINGS AND ANNOUNCEMENTS A. PUBLIC HEARINGS 1. An Ordinance Of The Council Of The City Of Fairmont, West Virginia, Approving The Terms And Conditions Of That Certain Wage And Benefit Agreement By And Between The City Of Fairmont And Lodge 69 Of The Fraternal Order Of Police Effective For The Period From January 1, 2025 To December 31, 2029, And Further Authorizing And Empowering The City Manager To Execute And Deliver Said Agreement On Behalf Of 2. An Ordinance Of The Council For The City Of Fairmont Authorizing The Purchase Of The Following Real Estate Being: The City Of Fairmont. Description District/ Fairmont City Fairmont City Map/ Parcel 6/0143.0001 6/01440000 6/01690002 8015 SQ FT 10th & Minor 0.07 AC (3026SQFT)1 10thSt 25158 SQ FT (0.578 AC) 10th St Fairmont City From Robert J. Willams, III, For Use As A Facility To Assist In Providing The Essential Public Services Conducted By The City Of Fairmont's Department Of Public Works; Approving The Form Of The Purchase Sale Agreement And Authorizing And Empowering The Execution And Delivery Of Said Agreement And To Do All Things Reasonable And Necessary In Connection Therewith; Reservation Of Rights. B. ANNOUNCEMENTS VI. CITIZENS PETITIONS VII. CITY MANAGER'S REPORT VIII. CONSIDERATION OF COUNCIL BUSINESS A. PENDING BUSINESS 1. Adoption, An Ordinance Of The Council Of The City Of Fairmont, West Virginia, Approving The Terms And Conditions Of That Certain Wage And Benefit Agreement By And Between The City Of Fairmont And Lodge 69 Of The Fraternal Order Of Police Effective For The Period From January 1, 2025 To December 31, 2029, And Further Authorizing And Empowering The City Manager To Execute And Deliver Said Agreement On Behalf Of 2. Adoption, An Ordinance Of The Council For The City Of Fairmont Authorizing The Purchase Of The Following Real The City Of Fairmont. Estate Being: Description District / Map/ Parcel 8015 SQ FT 10th & Minor 0.07 AC (3026 SQFT)10th St Fairmont City Fairmont City 6/01430001 6/01440000 6/01690002 25158 SQ FT (0.578 AC) 10th St Fairmont City From Robert J. Willams, III, For Use As A Facility To Assist In Providing The Essential Public Services Conducted By The City OfF Fairmont's Department Of Public Works; Approving The Form Of The Purchase Sale Agreement And Authorizing And Empowering The Execution And Delivery Of Said Agreement And To Do All Things Reasonable And Necessary In Connection Therewith; Reservation Of Rights. B. NEW BUSINESS 3. Introduction, First Reading, Set Public Hearing, An Ordinance Of The Council For The City Of Fairmont Authorizing, Approving And Providing For The Acquisition, Establishment And Construction Of A Certain Public Improvement Project, Namely Pleasant Valley Waterline Replacement Project - Contract 1 To Be Funded Through A Grant From The City Of Pleasant Valley; Approving The Terms And Conditions Of That Certain Agreement Between The City Of Fairmont And The City Of Pleasant Valley Dated 12/20/24; Authorizing And Empowering The City's Utility Manager To Execute And Deliver Said Agreement On Behalf Of The City Of Fairmont; And Further Providing The Utility Manager With The Authority To Do All Things Reasonable And Necessary In Connection Therewith; EXECUTIVE SESSION - Pursuant To WV Code $6-9A-4(b)(2)(A) And City Charter 2.11 (a)(1)A = To Consider Matters Arising From The Appointment, Employment, Retirement, Promotion, Transfer, Demotion, Disciplining, Resignation, Discharge, 4. One Councimember Appointment, Convention and Visitors Bureau of Marion County, Term To End December 31, 2026. 5. One Councilmember Appointment, Planning and Zoning Commission, Term To End When Council Term Expires. 6. One Councimember Appointment, Fairmont Audit Committee, 7. One Councilmember Appointment, Marion County Rescue Squad, Three-Year Term To End December 31, 2027. 8. One Councilmember Appointment, Staff TIF Advisory Committee, Term To End When Council Term Expires. 9. One Citizen Appointment, Fairmont Audit Committee, Two-Year Ratification. Dismissal or Compensation Of A City Officer. Two Year Term To End January 10, 2027. Term To End January 10, 2027. IX. ADJOURNMENT MINUTES 12/17/2024 December 17, 2024 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 17th day of December, 2024, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Bolyard called the meeting to order. Roll call of members was taken by the City Clerk. Councimembers present were: First District Second District Third District Fourth District Fifth District Sixth District Seventh District Eighth District Absent: Ninth District Also present were: City Manager City Attorney City Clerk IN RE: Joshua D. (Josh) Rice Anne E. Bolyard Rebecca Moran Richard (Rick) Garcia Charles (Chuck) Warner Gia Deasy Julia (Julie) Sole Bruce McDaniel Kandice (Kandi) Nuzum Travis L. Blosser Kevin V. Sansalone Janet L. Keller David Kirk Communications Manager OPENING CEREMONIES Councilmember Sole gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Warner. APPROVAL OF MINUTES Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on December 10, 2024. She asked if Councimember Warner moved to approve the minutes as submitted. The there were any corrections, deletions, or amendments. 1 motion was seconded by Councilmember Garcia. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS No public hearings were scheduled for this meeting ANNOUNCEMENTS IN RE: COUNCILMEMBERS GARCIA AND DEASY COMMENDED Councimember Rice thanked Councilmembers Garcia and Deasy for serving on City Council. He said that it was a pleasure to serve with both of them. Councilmember Garcia thanked all of the Councimembers and City Manager. He said that over the years, it felt like a team and a family and he appreciated Councimember Sole thanked Councimembers Deasy and Garcia and said that both have been huge supporters of her professionally and both are very involved at the Disability Action Center and she would not be sitting here today ifitv were not for both of them encouraging her to get more involved with her Councimember McDaniel thanked Councilmember Deasy and councimember Garcia for their service to the City and stated that they will certainly be missed. it. city. IN RE: ORGANIZATIONS THANKED councimember Moran thanked all of the organizations and volunteers who worked hard to bring joy to families this holiday season by providing meals and gifts. IN RE: DOWNTOWN FAIRMONT Councimember Moran also thanked all of the volunteers who helped to make our town look festive. She noted that downtown looks amazing. The Feast Councilmember Warner also mentioned that the Feast of the Seven Fishes was great and the Celebration of Lights was great. Festival was great. 2 IN RE: COUNCILMEMBER DEASY READ PREPARED STATEMENT Councilmember Deasy read a prepared statement since this was her last City Council meeting of her term representing the 6th District. She thanked the citizens of Fairmont for the privilege of serving on this Council and then expressed her sincerely gratitude to each of the Councilmembers. She said that each Councilmember represents a district in Fairmont, however, she truly believed that they worked cooperatively during the last four years caring about all of Fairmont. She gave special accolades Mayor Bolyard for being a strong and respectful model of a leader to this Council. The energy, respect, and diligence she brought to the role of Mayor of Fairmont has certainly elevated this Council and served the City well. She then thanked City Clerk Janet Keller for all that she does to ensure that Council can focus on projects brought to their attention. She jokingly said that Council is the nine children that she never asked for. Councilmember Deasy also thanked City Attorney Kevin Sansalone for his legal advisement and he has always been certainly well respected and he always remains a good sport even when we tease him mercilessly. She then mentioned David Kirk and said that sometimes it probably feels like he is herding cats getting Council all together and organized for public events and communication engagements. She said that he has done sO much in his short time to expand communications efforts. She went on to say that it has been a true joy, although too brief, to have Travis Blosser as our City Manager. She thanked him for all of his energy and his constant "Team Fairmont" spirit and the transparency he has had with Council. She went on to thank all of the City departments and employees and said that she was honored to work with them. She closed by saying that she leaves this position reluctantly, however, she knows that she leaves this position in great hands with her fellow Councimembers and those that are newly-elected. Although disappointed, she recently found great consolation from a state-level seasoned politician who shared these words with her "although disappointing, in the end, the important thing is you offered yourself and service to your neighbors and gave them a viable choice." With that advisement, she reminds herself that she believes in hope over despair and she welcomes her next opportunity to be of service. She leaves Council with her heartfelt gratitude of her time and service to Fairmont City Council and she wished everyone a Merry Christmas. IN RE: CELEBRATION OF LIGHTS Councilmember Sole reminded everyone that there are only three nights through the rest of the year that the Celebration of Lights will not be in operation. She said those dates are December 17th, 24th, and 25th. Other than those dates, she encouraged everyone to get out to Morris Park and support the Rotary Club of South Fairmont and the Tygart Valley United Way 3 that benefits from the Celebration of Lights. IN RE: CITY CLERK JANET KELLER RECOGNIZED FOR HER SERVICE Mayor Bolyard stated that on December 26th, City Clerk Janet Keller will start her 46th year of service to the City of Fairmont. She has served as the City Clerk for 34 of those years and has been a friend, a counselor, and is a valuable resource in her dedication to the City and it is a debt that we can never repay. The Mayor also mentioned that in times of transition and leadership, she has also served as our City Manager not once but twice with distinction. CITIZENS PETITIONS There were no petitions for this meeting. CITY MANAGER'S REPORT City Manager Travis Blosser reported the following: The Feast and Hometown Market was wonderful last weekend. He extended congratulations to Councilmember Garcia on his election to the State Legislature and we look forward to working with him in He thanked Councilmember Deasy for her service on City Council and stated it was too short with both of them, having only been here going into nine months now, but looked forward to seeing what both of them Mr. Blosser wished everyone a Merry Christmas and a Happy New Year. Charleston. will accomplish in the future. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA COMMENDING CITY MANAGER TRAVIS BLOSSER The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution commending City Manager Travis Blosser for his performance and leadership FOR HIS PERFORMANCE AND LEADERSHIP AS CITY MANAGER as City Manager. 4 Motion: Councimember McDaniel moved for the adoption of the proposed resolution. Councimember Garcia seconded the motion. Roll call was taken by the Clerk. Councimembers present. The Mayor declared the resolution adopted by unanimous vote of those IN RE: OUTGOING COUNCILMEMBERS RECOGNIZED Mayor Bolyard presented outgoing Councilmembers Rick Garcia and Gia Deasy with a plaque in recognition of their years of service for serving as a The Mayor stated that Councilember Garcia was elected on November 3, 2020 and we were all sworn-in together. He has not only served on Council but has served this community as a County Commissioner, been a friend to everybody, and he is a neighbor what anyone can call upon and has been a great friend to everyone here. She wished him the absolute best as he moves on to the Mayor Bolyard said that Councilmember Deasy has not only served on City Council but has been on the Human Rights Commission, Board of Zoning Appeals, and the Planning Commission. She has been her inspiration, friend, colleague, and mentor. She said that her example of service on Council is Councilmember. State Legislature. something. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Deasy moved to adjourn the meeting. The motion was The Mayor declared the meeting adjourned by voice vote of Council at 7:16 seconded by Councilmember McDaniel. p.m. 5 PUBLIC HEARINGS PUBLIC HEARINGS January 14, 2025 1. An Ordinance Of The Council Of The City Of Fairmont, West Virginia, Approving The Terms And Conditions Of That Certain Wage And Benefit Agreement By And Between The City Of Fairmont And Lodge 69 Of The Fraternal Order Of Police Effective For The Period From January 1, 2025 To December 31, 2029, And Further Authorizing And Empowering The City Manager To Execute And Deliver Said Agreement On Behalf Of 2. An Ordinance Of The Council For The City Of Fairmont Authorizing The Purchase Of The Following Real Estate Being: The City Of Fairmont. Description District/ Fairmont City Fairmont City Map/ Parcel 6/01430001 6/01440000 6/01690002 8015 SQ FT 10th & Minor 0.07 AC (3026 SQFT) 10ths St 25158 SQ FT (0.578 AC) 10th St Fairmont City From Robert J. Willams, III, For Use As A Facility To Assist In Providing The Essential Public Services Conducted By The City OfFairmont's Department Of Public Works; Approving The Form Of The Purchase Sale Agreement And Authorizing And Empowering The Execution And Delivery Of Said Agreement And To Do All Things Reasonable And Necessary In Connection Therewith; Reservation Of Rights. ITEM 11 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN WAGE AND BENEFIT AGREEMENT BY AND BETWEEN THE CITY OF FAIRMONT AND LODGE 69 OF THE FRATERNAL ORDER OF POLICE EFFECTIVE FOR THE PERIOD FROM JANUARY 1, 2025 TO DECEMBER 31, 2029, AND FURTHER AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT SYNOPSIS This proposed ordinance manifests Council's approval of the terms and conditions of that certain Agreement by and between the City of Fairmont and Lodge 69 of the Fraternal Order of Police effective for the period from January 1, 2025 to December 31, 2029. The agreement sets forth the terms and conditions ofemployment of the members of the City's police department below the rank of chief. A copy of the Agreement is attached to and made a part of the ordinance This proposed ordinance provides the City Manager with authority to execute and deliver said agreement on behalf of the City of Fairmont. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN WAGE AND BENEFIT AGREEMENT BY AND BETWEEN THE CITY OF FAIRMONT AND LODGE 69 OF THE FRATERNAL ORDER OF POLICE EFFECTIVE FOR THE PERIOD FROM JANUARY 1, 2025 TO DECEMBER 31, 2029, AND FURTHER AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT WHEREAS, West Virginia Code $8-5-11 empowers the governing body of the City of Fairmont with the authority to determine and prescribe the positions, number, tenure, qualifications, requirements, powers, and duties of all municipal employees and the City of Fairmont has by ordinance previously determined and prescribed for such employees; WHEREAS, it appears that the majority of police officers employed by the City of Fairmont desire that the City of Fairmont continues to recognize Lodge 69 of the Fraternal Order of Police (FOP) as the collective bargaining representative of said officers; WHEREAS, in order that the City of Fairmont and the members of FOP Lodge 69 may continue to work together in harmony and in order that any matter which may arise between said members and the City may be settled in an orderly fashion, the parties have entered into negotiations, and the negotiations have culminated in that certain agreement effective for the period from January 1, 2025 to December 31, 2029, a copy of which is attached hereto; WHEREAS, said agreement will promote harmony and efficiency and improve relationships between the members of FOP Lodge 69 and the City and sets forth the basic terms and conditions of employment; WHEREAS, on November 21, 2024, the FOP Lodge 69 by a vote of majority of said members at a meeting duly noticed and held ratified, confirmed, and approved the terms and conditions of said agreement. WHEREAS, the Council for the City of Fairmont finds that said agreement is in the best interest of said City and will enable the City of Fairmont to continue to maintain morale among its police officers, while providing the essential municipal services of police protection; and WHEREAS, West Virginia Code $8-12-5 provides that the governing body of every municipality shall by ordinance fix or cause to be fixed the compensation of every municipal officer and employee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT THAT: SECTION 1. APPROVAL: The Council for the City of Fairmont, after a review of same, does hereby approve the terms and conditions of that certain agreement by and between the City of Fairmont Lodge 69 of the Fraternal Order of Police effective for the period from January 1, 2025 to December 31, 2029, a copy of which is attached hereto and the terms of which are made a part hereof as if fully set forth verbatim herein. SECTION 2. AUTHORIZATION/RATIFICATION: That the City Manager for the City of Fairmont be and is hereby authorized and empowered to execute and deliver the aforesaid agreement on behalf of the City of Fairmont; provided however, that if executed and delivered prior to the effective date of this ordinance, the same is hereby ratified, confirmed and approved. SECTION 3. EFFECTIVE DATE: This Ordinance shall become effective thirty days after adoption. Adopted this the day of_ 2025. MAYOR ATTEST: CITY CLERK WAGE AND BENEFIT AGREEMENT THE CITY OFFAIRMONT, WESTVIRGINIA AND LODGE690FTHE FRATERNALORDER OF POLICE WAGEA ANDI BENEFITA AGREEMENT BETWEEN THECITY OFF FAIRMONT, WEST VIRGINIA ADLOXAEBCTMERAITNAL ORDEROFPOLICE INDEX ARTICLEONE ARTICLETWO. ARTICLETHREE. ARTICLEFOUR. ARTICLEFIVE.. ARTICLESIX. ARTICLESEVEN. ARTICLEEIGHT. ARTICLENINE. ARTICLETEN. ARTICLEELEVEN. ARTICLETWELVE. ARTICLETHIRTEEN. ARTICLEPOURTEEN, ARTICLEFIFTEEN. ARTICLESEVENTEN, ARTICLEEIGHTEEN. ARTICLENINETEEN. ARTICLETWENTY. ARTICLETWENTY-ONE ARTICLETWENTY-TWO. AICLETWENTY-THREE ARICLETWENTYFOUR. ARTICLETVENTYFVE. ARICLETIVENTY-SIX. ASICLETVENTYSEVEN. AKICLETVENTY-EIOHT. SCOPEOFD DEFINITIONS RECOGNITION GENERALI PROVISIONS WAGES. ANDI BENEFITS MANPOWER PENSION PLAN HOLIDAYS SUCCESSORS RATE OFPAY JURYDUTY COURTLEAVE SAVINGS CLAUSE PREVAILINGI RIGHTS FAMILY MEDICALLEAVE MISCELLANEOUS POLICIES ACCRUED, SICK LEAVE DENTAL ANDEYECARE VACATION UNIFORMS UNIONACTIVTYLEAVE ACTIONS EXCEPTONS/DBCLAME PAIDSICKLEAVE TUITIONAID DURATION. ANDTERMINATION LABORI MANAGEMENT COMMITTEE ARTICLESIXTEEN... ATEANTVAATERNIYAND REPORTING ABSENCES FROM WORK SEPARATIONS AND DISCIPLINARY, GRIEVANCE 2 THIS AGREEMENT. made this the 13-uday OFOciehct,21201, d ufJanuurs 2025. CITY. andi the FRATERNAL ORDER OF POLICE, LODGE 69, on thel behalf of all members ofs saido organization hereinafter referred loa as THEI FOP. Agreement effoctive dales are foundi in WHEREAS. thep parties hereto desire 101 maintaini hamonious relations. advance mutual interests int the preservation of thep public safety, and promote standards and conditions ofe employment for police officers of the Cily of Fairmont, West Virginia. and to: achieve harmonious and peaceful adjustment of differences which may arise. and to recognize the legitimate interesis of police officers oft the CITY top participate through bargaining unseltled differences int the dctermination of wages, benefits, lems and conditions of employmen!; NOW THEREFORE. in consideration of the mutual promises and covenants hercinafter contained. the City of! Faimmont andi the FOP dohereby agree as follows. and between the CITY OF FAIRMONT, WEST VIRGINIA, hercinafier referred to as THE by Formatted: Superscript Article 28-Durationa and Termination. ARTICLEONE SCOPEOPDEPINTTIONS This agreement shall include all members of the FAIRMONT POLICE DEPARTMENT who holdar rankj juniort lot thitafChidaslialin, Articke Five:: Sucticc and who are. become, and remaint members oft the FOP. DEFINITIONS 1. SHIFTS shalln mean ane cight (8) hour periodof duty. 2. POLICE DEPARTMENT SENIORITY shall be delined as, the starling date upon appoinument as aj police officer for the Cily of Fairmont, West Virginia. and continuous service lo include any reinsiatements. until retirement from the 3. LONGEVITY SENIORITY shall be definod as the total lengih of continuous services with the CrTY.toinclude: any reinstalcments. 4. WAGE AND BENEFITS COMMITTEE shall be delined as the bargaining committec clected by the members of the FOP. Upon eleciion of committee members, FOPLodge 69 willr notify the Cily ther names oft the members. WAGE COMMITTEE shall be defined as the bargaining commillee elccted by the 5. PENSION PLAN shall be defincd as, the present plan required by the Slate of West Virginia. forp paid police and paid firec departments. policed department. members ofi the! FOP. 3 6. LABOR MANAGEMENT COMMITTEE: shalll bed defined as, three (3) FOP representatives: and the Cily! Manager. whos shall havet the: authority ton make recommendations to1 thel FOP andt the CITY. This docsi nol delinet thec contract negotialion teams of cihert thel FOP or the Ciy ofl Fainmont 7. GUARANTEED HOLIDAYS shall bc defined as a holiday taken by a police department officer, and shall not be subject to duy call back. unless covered underp provisions of ARTICLESEVEN. 8. PERSONAL DAYS: shall be defined as, a day picked by a police officer tot be taken off as his personal holiday without being called back l0 work. with appovalofasupervisuy officer. 9. FOP MEMBERS. employces. and similar designations shall mean police officerst under ther rank ofChiel. 10. INSUBORDINATION. disobedience t0 authority in relation lo gross misconduct by lhe officeri inn relationi 10S supervisors oft thec department. ARTICLETWO RECOGNITION The CITY recognizes, insofar as said employer is permitted t0 dos SO under and by virtue ofi the laws ofi the State of West Virginia. thel FRATERNALORDER OF POLICE, LODGE 69, ast the bargaining agent for all members of the Fairmont Police Department below: the rank ul Chiefinhokdapnk ainaskkFne-Swinc ARTICLETHREE GFNERALPROVISIONS 1. NON-DISCRIMINATION a. The FOP recognizes ils responsibility as bargaining agent and agrecs to represent all FOP employces in the bargaining unit withoul discrimination or b. Thep pruvisions oft this Agreements shall bea applied equally lo all FOP cmployees int the bargaining unit withoul discrimination as to age. sex, disability, marital status, race. color,creed, national origin, or political affilialion. The FOP shall share cqually with the CITY. the responsibility for applying this interference. provision oft the Agreemen. 4 2. CONTRACTDISPUTES Ifd during the life of this Agreement there arises a difference of interprelation in the contract language, the same shall be brought to the attention of the Cily Manager in written form outlining the provision andt thel FOP's position regarding the provisionc or provisions inc The City Manager shall provide a writlen slatement oft the City's position to the FOP within3 question. 30 days of notification. Any dispute may be: submilted 10 thel Labor Management Commiltee fora a recommendedi resolution or resolved by grievance ash hercafier setf forth. Thee express provisions oft this Agreement constitute the entire agreemen! betweent the parties and no other representations shall be made. This Agreement can only be added to or modified by a document, in writing. signed by the parties thereto. All other righis of management are inherenily retained! by: the City unless modifiedi ina accordance witht this provision. Upone exhaustion of the remedies provided fori in this Agreement, any dispute arising from the interpreration or applicationo of this Agreement shall beg govemedby the! laws oft the Slate of West 3. ENTIREAGREEMENT 4. CHOICEOFLAWS Virginia. ARTICLEFOUR VAGESANDHENEPTS A. Wage and! Benefit Committec negotiate al labor agreement witht the City. B. TeminationPay The Wage and Benefits Commitiee shall be the: sole representatives of the FOP authorized to During the lerm of this Agreement. all members of the police department covered by this Agreement shall receive termination pay for accrueds sick leave. vaçation and holidays as sct forthi int ther most current cnacted Ordinance of recorda addressing such benefits. Each cmployee shall bep paid longevity pay ina accordance witht the Longevity Pay Schedule for the FOPa ass set fonhi int ther mostr rocentlye enactedOcuparional. List of Classes (FOPPayl Plan) adopledby Longeviry City Council, 5 D. Callinofor Duy Personnel Being obligated 10p providei its citizens withi immediate police prolcction, thc highesi inc command on dulys shalll beauhorizedi tocalli inoffd duly personneli linemergencys situations. a) Itshallb bel ther responsibilily ofall FOPr members lomaket themselves asa available as b) Each: shiftr member calledi inf for and emergency shall bep paida all the overtime rate of ch Eacho employce calledi inf for court timer priort toh his regular shift: shalll be paida ait the d) The City agrecs that any member oft they police department who receives al licket for parking while allending (0 a courl appearance on bchalf oft the Citys shall not possible. pay. witha an minimump pay off four (4)1 hours. overtimer rate ofp pay. withi theminimumoft fourl hours. ber required top pay thet ticket, E. Shift Differential Shift differential shallheyas eliminated effective August. 31, 2004. Inlienol shifl differentil bReginning Septemher 12001 Wuh L.2025, all employces covered! by this contract shall have theirb basep pay adjustedi torelkct: ani CMMpA-deAdas Jhel languages ofs Subsection EShon Turl Aruund Oiprinne of the Collectire Bargaininy Ayremen (CBA) datedOcioler 13.2 2020. provi ides as follows: An Officers shouldb be allowed atl least Ien (10)) hours rest period between theirr relcasef from onec day'sshift, including overtime hours, and their aclualr relum to work fort the nexl Ift the resi periodi is less than ten (10) hours. the officer shall receive compensalion of time and one half of their straight time pay per hour up until the end of the following shift. Nothing hereins shall bei interpreted as preventing the Police Department from changing the officer'ss start time for the nexi shift or shortening the prior shift in order to provide them a For purposcs of this section of this article. a shift shall be defined as an 8-hour period of work. whether regularly scheduled or as overtime approved in advance by a supervisor. F. Shorl" Tum Around Overtime regularly scheduled: shift. restp periodl betweens shifts ofl 10or more hours. whetherb by call out, mandate, ors sign-up sheel. 6 Commncing. un, January.. . 2025, subj.et lo the reversionary pmu Isions seL foth! helow the parlicsagreet somodily: Scetion! F: Shor Tur Arund yertine as follows: An Officer shoullhe: allowed all leas len 001 hurs resi psried between their relcang Irom one day's shifl.i including oertime hours. and their nlum l0 work for the. INI scheduld I therest periodi is less Ihan In. (10) hour,. Ihe officer shall rcivec compensation of time and one half uf theirsiraighu time paN. per hour up until thes end of the lollowi ing shifl.. Ifthe short turn around xcurs duoashifs worked. whether i be by mandate. call oul or sign-p thatj is classified as DVerling then thenesu shiltl hep paid: ather rale ofi lime and. onel hall as Jong as the neNI shift is in coptinuation. with the prior classilied overtime shif. Nothing herein shall he inkerpreted as. preventiny the Police Department from changing the ollicer's. stail lime for the neAL shil: r shortening lhe prior shift in urder 10. provide them AresLp pszigu For purposes. ol this section ofl lhis aricl.as shill shall be defined as an Shwr Dsriod of work. Mhether reeolark scheduled or, as. overtime approved jp. Mhme-b.aopniy, They modifications 1o Sectinn F. Shorl Turu. AmmdOverims, AL suL abnves shaill be decmed null and void: and of o loicea andsfleci. for the reminder of the lenn M is Ayiemgnl ifin any calendar Mr of this Agreement dipmmined. as oL Dxenber 31 ofs said sear thaL said mudilications have resuled inani incryass 1DI the CiN lor all Shorl Turn Around Uiertin cusls of $25.000.00 or more over te Cily Shon Tum Around Oyertime. CONIS ins salendar vear 2024 determined_ a5 . Dcember3l.. 2024. snd ili in anx calendar vear oL this Agreement said maditicatons resulu in an increase in all Shon. Tum Arund Overtime of $25.000.00ar more oyer lhe Ciy's ShorTurn Arpund Overtime cosIS ins calendar. yer 202., lhe langise of Section FS Shurt Tura Around Overime shall reyen lal the nguage ol lhe Collectivg, Bargaining. Agreement (CBA) daled October 13. 2020 fur the remainden DLL te termof this Agrecment: provi idedi however. thal the 25.000.001 threshold. will be: aljusledby thes same percentage basis tureflct any. annuall base pav increase.mnora afler July1,2025, shifl. heweens shifisof JOu0 mre! hous, wheherby call-ouL MANG.CPsgTApN G. Distribution of Overtime All employees of cqual classification shall have an equal division of overtime opportunily if practical. A deparimental overtime opportunity sheets shall be posteda andi maintained: showing overtime workeda andi rejected andby whom. H. PaidLunch 7 The City will provideal paid meal at a COSL not to exceed $12.0015.00 for any employce workingi inexcess oft ten (10) consecutivchours, Puickdi thatl hvimigeha.1AN fori ther mminderofil thel lifcofi lhisagnenwn NCisilaaikmiln peal: laacos JotID sAgiS20.00f fora any emplsyarkingh Hoifaltauhchans Anytime and officer fillsi in: a Sergeant's position hec or she: shall reccive Sergeants pay for that time. Anylime a Sergeant fills in for a Licutenant, he or she shall receive Police officers shall be reimbursed for any item of personal propeny, including shoes, watches, eyeglasscs, conlact lenses, dentures or cloihing. which are losi, stolen or damaged int the fresh pursuit or apprehension of suspoct ori in the perfomance of official dulies. The reimbursement: shall be at a reasonable replacement cost, not (0 excced $250.00 peri item. Personal pagers, cell phones. pads. tablets, smart phones. personal computers and other personal electronic devices shall not bec covered undert thiss section, unlesst the Chiefof Police hasby priorwritten: autiorizationdineciedi thats suchi items weret tob be caniedby theofficer. Anofficer requesting reimburscment under this: sections shalls submitt ther request, inv writing. to the Chief of Policev withins seven (7) calendar days oft thec dale ofi thei incident that gaver rise l the requesl. Excepl for goxd cause shown, failure t0 timely submit a requesi for reimbursement will workal forfeiureofa allrightk loreimbursement undert thiss soction. Ar request for reimbursement for damaged personal propery shall be accompanied by the damaged article ort the damaged articler must be available fori inspection. Ithei itent can be reasonably repaired, the Cily ofF Fainmont may opt top provide fort ther repairoft thci itemi instcad An requesi for reimbursement for lost or stolen property shall be accompanied by proof or evaengeoforgmipun.hssrowmatipamdpmoforeridemxeoft thecost ofr replacement. For good cause shown. a requesi for reimbursement may be denied. Ifs such ar requesi is denied, the officer shall be advised of the reason, and he/she may nesort to the gricvance Supervisory Pay Licutenant's pay for that time. J. Damagedi Personal Properly ofreplacement. process toprotest thed denial. K. Police Officer withal Degne The Cily agreesi lop pay any member ofi Ihe Police Department asc delined in Paragraph One, Article Oneoft this agreement, whol holdsa al Bachelors Degre from ana accredited college or university in accordance with the Additional Compensation provision for the FOP: as set 8 forth in the in the mosi recently enacted Occupational List of Classes (FOP Pay Plan) adopled! by City Councilupony presentation ofa acopy ofi their diploma ands Submissionofan Officers thal are assigned to Investigations shallr neceive three (3) hours of Compensation Time (cquivalent to 4.50 hours al OT rate) for every month assigned to Investigations. Officers would have tob be assigned for the whole calendar month lob be eligible." The user of this Compensation' Time by Investigations shall not cause additional ovenime within the approvedpayrolla authorization formt tothe Financel Direcior. Detective Compensation-Time department. ARTICLEFIVE MANPOWER A. Permanent: Shifts All uniformed officers of the Fairmont Police Department shall work "Permanent Shifis." Uniformed officers shall re-pick cach December their choice ofp permanent shift for the following year. Chousing will be done according I0 deparimental seniority. Pemanent. Shifis will continue until ans agreement belween the Chicf and the FOP: shall alter the manner of monthly shift assignments. Pruvided the Chief shall have the discretion, from time to time, t0 assign individuals to other shifis to mect department circumstancesorr needs. B. Appointmenis The Department will have staffing by the filling of vacant patrolman positions by appointments by the City! Manager throughc civil servicep procedure. Each: shifts shall have manpower inc order lop provide effective public safety. The Ciy will endeavor lop provide fors staffing pers shifl of: a asl three 13) deparingnt staff menbers: as delaildi in ther runk sincuurei inArticle Five Suetion C.7 The. City will mskea a reasonahle effon! lo condulu calluuL or mandates astalt memher 1I maintain and effeçtive! level of manpower: coverage pershitl, C. Rank Struclure 9 The Depariment will be staffed BPAEOSLI.NN Agreement according to the following rank structure: GhiefofPaulit-Remoxe PAve-LieeAans Sevenlivuens Five Sergeants Sworn Officers For consideration of promotional testing. certification of the tesi, and the aclual promotion occurring: this willl bee effective nol later than April 30, 2008. ARTICLESIX PENSIONPLANS The CITY shall maintain the Policemen's Pension and Relief Fund closed to new hires on December 31, 2017 presently required by State Law for paid Police Officers, or shall mainlain a said plan as it shall be modified, amended, or re- The CITY shall maintain the West Virginia Municipal Police Officers and Firefighters Retirement Sysiem (MPFRS) presently required by State Law for paid Police Officers hired on or after January 1, 2018, or shall maintain a said plan as il shall be modified, amended, or re-enacted by the State Law of West enacted by the State Law of West Virginia. Virginia. ARTICLESEVEN HOLIDAYS A. STATEHOLIDAYS Stater mandated! holidays shail beg guarantecd holidays fora all FOP employcos coveredby this agreement. A FOP member who is scheduled to work and works a shift on a legal holiday will reccive overtime pay. The employee shall also reccive a compensatory holiday. A FOP member who voluntecrs to work al holiday to filla a vacant: shift shall be compensated at twice their regular. normal rate of pay and: shall receive a compensatory holiday ina addition lo1 thes one above, fora a lotald of 1Wo. AFOP member mandated 10 work a holiday lof fill a vacan!: shifts shall be compensated at twicet their regular, normal rale of pay. Al FOP employec that works any supervisor approved overtime on a legal holiday shall bec compensaled: att twice their regular,nonmal rate. 10 B. PERSONALDAYS FOP members shall bec entilled los six (6) personal days." They may beu uscd for whalcver reason thec employee chooses. providedt they: advisei the Officeri in Chargec of the desire to uset the personal day on the dayi immediately priort tot ther requestedo day off, ifnols sooner. Ifthep personal day is necdedf fora ane emergency. its shall beg granicdi unless doing sO would leave the depariment severely underslaffed. Additionally, FOP members shall be allowed 10 use one-tuhree (3) of their personal days as an urgent personal day. meaning: ift the use ofap personal day wouldl leave thc department severely understaffed, the supervisor shall attempt to use the call out list to fill thc vacant shif. I another employce volunleers to work the shift then. the personal day shall bc grantcd. If the personal days are not used by calendar year end, the employee- will noH be paid- for the emwinvingsdysaml-lwlk forleil- thuse-dayse Nu-days-may-t be earried orer frem year-t jearthes employee nxy caryovers up l0 they (3) personal days.. whichi may inchleone ). urgent personal day of any Rmaining personal. days_ upon wrilien requesl. and approval of the Ciy Manager based on the rcommendtion: of lheChicfc of Poliss. Jhe days; subicct I0C carry oveT. shall not be considendi ind determining Temminatinn Pax suder Arlicle! Four, Suction Bot this agrcement. ARTICLEEIGHT SUCCESSORS This Agreement shall be binding upon thes successors and assigns of the parties herelo, and no provisions. (erms. or obligations herein contained shall be affected. modified. altered. or changed in any respect whatsoever by the consolidation, merger, annexation, Iransfer or assignment of either partly hereto, or by any change gengraphically or otherwise int thel location orp place ofb business ofe eitherp parly. ARTICLENINE RATEOFPAY Alls scheduling shall provideaF FLSA (Fair Labor Standards Act) compliant work period witha a one- half hour paid lunch period per shifl for all union employces. Theres shall bc ana annual wage re-opener discussion between the parties as early as November toa allow the Union input with respoct to a wage increase prior to the Ciy Council decision regarding wagei increases. ARTICLETEN JURYDUTY An employce required to be available for. jury selcction or service shall receive his regular daily wage, less any compensation provided by the court for each day which 11 would have been worked but for such jury participation. An employee may utilize a compensatory holiday andr receive regular Ciy pay: andj jurypay. ARTICLEELEVEN COURTLEAVE Notwithstanding any other provision oft this agrecment tot the contrary, subject toai four a. Pay an employee whoi is required as a resul of a duly served: subpoena to appear before a court, judge, justice, magistrate or coroner on behalf of the City and in furtherance of City! business during limes other than whilet the employee is on duty atarate ofp pay ofc one- ando one-half limes thee employee'sregular rate ofp pay; b. With the prior written approval of the Chief of Police. pay an employee who is required to meet with the Prosecuting Altorney or any of the Assistant Prosecuting Altorneys on behalf of the City and in furtherance of City business during times other than whilet the employee is on duly at ar rate of pay of one and onel half (imes thee employee's regular rate of pay. A copy of the subpoena ort the Chief's prior written approval must be atlached (4) hour minimum, the Cilys shall: to the overtime slip. ARTICLETWELVE SAVINGS CLAUSE If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts orp portions of this Agreement shall remaini inf full force ande effeci. ARTICLETIIRTEEN LABORMANAGEMENTCOMMITTEE The Labor Management Commiltee may meet on request of either party, within thiny (30) calendar days to discuss all maiters of mutual concem. The Committec shall have thea authority tomaker ecommendations tot the Uniona and the Cityt toresolvedispules. ARTIÇLEFOURTEEN 12 PREVAILINGRIGITS Allr rights. privileges. and working conditions enjoyedb by Ihec employecs OfLODGE69a at thep present time whicha are noti included in this Agreement and whicha arep provided by the City's Personnel Rules and Regulations shall remain in full force, unchanged and unaffected in any manner, during the lem ofi this Agrcement, unless changed by mutual consent or Ordinance. ARTICLEPIFTEEN REPORTING ABSENCESFROMI WORK Personnel reporting off from work must report offp personally tot their supervisory officer prior to the starl of the: shifi. If the supervisory officer is nol available, personnel must continuc up the chain of command to the Chicl, ifn necessary, 10 reporti the: absence from work. Failure 10 dos SO will be considered thef failure Ior report an: absence from work and thei individual considered: absenty without leave (AWOL). whichr may resulti int termination ofc eniployment. With the exception of those individuals ona approved FMLAI leave, and those on workers' compensation lcave, allp personnel are required t01 reporti their absence PATERNITY,MATERNTY, & FAMILYMEDICALIEAVE Ane employce may. upon admission ofl his wife toal hospital for the dclivery ofa ani infant, be granted leave with pay from work, until the infant is born. After the binh of the child, hes shall retum loi his dulys shift. or he may be granted, without twenty- four (24) hours nolice, aholiday tob bet laken out ofs seniority rotation. fort time off duty. Female officers who become pregnant should provide advance notice of their intent to lake maternily leave. If complications require an carly leave, the officer will be accommodaled with either leave or lighi duty work, if available, and if supported by medical authority. Sick leave is applicable if supporled by medical authorily and approved in advance. All leave taken for malemity/pregnancy shall be laken in accordance with the Family Medical Leave Act and other applicable law. Nothing in this provision isi intended (o: alter any employce's righis under the Family and Medical Leave Act, as outlinedb belew hylowipoxitlibat, hopklihe Cily'sPersonnel Rules, and Regulations chanxe.rgarding paternily. maternily ad. fmily. medical. Igae. thal languse will wphmthxemphoses voyered! hy hiscontras, Irom work for eachday absent. ARTICLESIXTEEN AMILYAMDMEDCALLEAVE 13 The City of Fairmont isac covered employer under the Federal Family Medical Leave Act (FMLA). Therefore. the City is required to follow U.S. Code, Title 29- Labor. Chapler 28- Family Medical Leave and encompasses lhis U.S. Code scclion into Article Seventeen of this agreemient. Delails of the FMLA can be found al psAascwtc.lousegeAiw.lmifeil-madimnerim.2PAipeiuper2s.edhtiom-pr.la The City defines the "Twelve Month Period" refcrenced in the code as the calendar The Cily defines an "Eligible Employee" referenced in the code as one who has worked for the City of Fairmont for at least 1welve (12) months and has worked at least 1,250 hours during the twelve (12) months immediately preceding the requested Where a term is defined ini the FMLA stattue, that definition will be incorporated into m ycart beginning. January 1 and ending on December. 31. leave. this policy. Administrative: Requirements Employees have the right to usc any paid leave. for which they may be qualified and which isi intended fors suchi illness ori injury, in conjunction with FMIA leave. However, the City requires all employces lo utilize any appropriate paids sick leave inc conjunction with the receipt of any approved FMLA leave for thc employee's own illness or for that ofachild, spouse or parenl. Workers' compensation relaied absences willa also count as FMLA leave provided the employee has a serious health condition. The period of this paidl leave will be counted against the employee's total FMLA leave entillement asi ifil Employces must give thiry (30) days advance notice of the intent to lake a FMLA leavc. When it is not possible to givc thirly (30) days advance notice. nolice must be given as soon asp practicable- ordinarily withino one orl (wo days. Failuret tog give: adequate notice as oullined abover may resulti inad delay of upt to1 thirty (30) days! beforet thel FMLA When requesting intemmnitient leave for medical treatments, employces must make reasonable efforts to schedule the leaves so as t0 not unduly disnupt operations. Employccs may be required lo provide a medical cerification from an appropriate health care provider l05 support al FMLA requcst rclaledt to a serious hcalth condilion. A form willl be provided to thec employce. Thisc certification mist ber relumed within fifteen (15) days. Failure to do so will result in a denial of leave until such certification is provided. If an employce provides medical certification that is questionable or inadequate, the employce willl be referred toa a: second health care provider, al the City's expense. I the first and second providers' opinions differ. a third opinion will be were substituted fort thel FMLA leave. lcave willb be granted. 14 obtained, again al the City's expense. Thet third healh care provider will be selected by mulual agrementofi theemployee andi the City, andt that opinion willbef final andbinding. Employees on! FMLA leave willl be required tos submit periodic recertification's or updated reports regarding the family member ore employee's current status. Ifthec employee's retum t0 work date differs from that whichy was previouslyi identified when thel leave was granted, then employeesr must givet two daysa advancer noticed oft their intent tor relum lov work.F Failurei togive thet two-day advancer notice may result inat two-day delayi int the employee's actualr retum lo Inr mosti instances, ane employee reluming from FMLA leave will be restorod tot thep position previously held prior to the FMLA leave, provided that position remains available. Ift that position is unavailable, the employee will be reinstated to an equivalent position with equivalent pay and benefits. provided such a position exists. Ane employee taking a FMLA leavei isr note entitledtoa any greater righit tor reinstatement ord other benefitst than ifcontinuously IfFMLAI leavei isr requested ona at reduced ori intemmittent basis. the employee's! hours may! be altered ort the employec may be transfered instead to an available aliemative position for which the employee is qualified and which better accommodates the recuring periods of leave necessitating the request. Ane employee laking al FMLA leave due lo2 a serious health condition must present certification that (shei is fitf for duty priori lor reinstatement. Failureto provide ther requisite certification" will resulti indenial ofr rsiorationioemployment. Healih insurance coverage will continue throughout the duration ofi the FMLA leave. The conditions under which such coveragei isp provided will be the: same asi ifu thee employec were aclively working. Thee employee'ss share ofa anyl healthp planp premiums, ifany, musto continueio bep paid byt the employee while on! FMLA leave, and payments arec due atl thes same time: asif made by payroll deduction, unless otherwise agreed upon. If an employee's share of any healhi insurance premiumi is delinquent forr morel thant thirty (30) days. the employee's health coverage will be teminated, proviled we notify youi in writing within 15 days prior to cancellation. If coverage is not terinated and the City elects instead to pay the entire premium, the amount oft the employee's delinquency will be recovered from the employee Ifane employee fails tor retum to work after FMLA leave has expired, the City may recover the cost of any premiums itp paido during the employee's FMLA leave unless the employee's failuret tor relum to work is the result of (a) thec continuation, reçurrence or onset ofas serious healho condition that woulde entitlet the employee to! FMLAI leave, or (b) other circumstances beyond the control oft the employee. An emiployee who does not retum 10 work al the expiration ofd the FMLA leave is considered toh have failed tor relum tov work for purposes of thisp paragrapha ands shallb beconsidenda asc quilting wihouinotice. work, which delays shalll bev withoutpay. empkoyedduring thel leavep period. Health Care! Benefit Continuation after thes employee retums tov work. 15 The City will noti interfere with ane employce's rights under the FMLA. No person shall be discriminated: againstf forcxercising theirr rights underthe FMLA. ARTICLESEVENTEEN MBCBILANEOSPOLCIES 1. Group Insurance The Cily agrecs to provide healh insurance coverage for the employees covered by this agreement ass set forthb below. Employces may choose any coverage (single. family, etc.)f for which they are eligible according I0 the summary plan description provided by thet healh Fora alle employecs! hiredp priori I0J July 1,2004 the Citys shallp pay one! hundred (100), perent of the PEIAI Plan BI Indemnity Plan premium for thec coverage chosen by thee employee. The Citya and FOPI Lodge 69 agreet toa ani insurance reopenert that willg gover cost and! benefits on July 1,2 2007. Unless ana altemate agreement isr reached, the City shall pay eighty-five (85) percent ofthe PEIAI Planl BI Indemnity Plan premiumb beginning. July 1,2007. For alle employees hired on or after, July 1,2004t the Cily shallp paye eighty (80), percent oft the PEIA Plan! BI Indemnity Planp premiumf fort thec coverage chosenb by thee employee. insuranceprovider. Thef following conditions also apply: a. If the Ciy pays a greater portion of the health care premium for other similarly siruated Cily employees than thej percentages sel forth above, the Ciys shall pay the same: amountf fort thosee employees coveredbyt this agreement. If dhe city arranges for a more costly healthi insurance plan or plans that provide betterl benefitst that the PEIA Plan BI Indemnity Plan, theni the employee may choose tol be covered under the belter plan provided the employee pays the difference betweent thel PEIA Plan BI Indemnity Planc coverage ass set forth above and ther more costly plan. Anys suchp payment cant ber mader throughpayroll deduction. lft the city can arrange foral less costly healthi insurance plan than thel PEIA Plan B Indemnity Plant that has the: same or comparable benefits and employee expenses (deductibles, out ofp pocketr maximums, eic.) as the PEIAI Plan BI Indemnity Plan, the Ciy may substitute the less costly plan for the PEIA Plan B Indemnily Plan, providedi the Ciry notifies the! FOPI Lodge #69 atl leasts sixly (60) calendar daysp prior to the anticipated change and allows the FOPI Lodge #69t the opportunity tor meet anddiscuss thec changed during that period. 16 d. PEIA Plan B Indemnity Plan as in effect on July 1, 2004 is incorporaled by reference and made part of this agreement informs the basis for the insurance benefits levels, coverages. employeec obligations, ando out ofp pocket expenses for the entire lemoft this agreement unless alteredb by express agreement, in writing, by the The Citya agreest tor maket thel PEIAI Plan! BI Indemnity Plani theb basis fort thei insurance benefit levels, coverages, employee obligations, ando out ofp pocket expenses for the entire tem oft this agreement unlessa altered! by express agreement, inv writing. by the FOPLodget #69 and the City. asl long: ast these area availablet by PEIA, FOPI Lodge #69. 2. Bulletin! Boards A bulletin board shall bey provided for useb by the FOPI fort the posting of FOPI literature. All posted material must bec dated, contain ther name oft thep person who; posted thei item. and be maintained in a neat and orderly manner. Posted items shall not contain malerial that is either inflammatory or defamatory, directed atl the City or fellow department employees.or interfere with or intemupt the perfomance of the department. Postings shall not make political siatements orb bep politicali inr nature. Any materials displayed thal arer noti ink kceping with the spirit oft this scction shall be removed. and the police officer/FOP representative shallb bea advisudaccordingly. 3. Officer Heakha and Safcty A. Vests The Ciy desires that every police officer) have a bullet proof vest that reflects the latest life saving technology. Due lo changing lechnology and the costs of such equipment, the City willr replace officers' vesis in: accordance with manufacturers" recommendations. AI the iime of replacement, the City shall also provide each officer with al least one (I) new vest carrier al a COSE not 10 excocd $250. The choice ofi internal, cxtemal, or load bearing carrier will be up to the individual officer att thet time of replacement. Alle oflicers assigneda vesis shall ber required 10 hist the City's goal lo ensure that police vehicles be in good working order and pruperly equipped. The City will endeavor lor mainlain Such vchielesi inas safc and proper working order. ltis recognized that, from time I0 lime, mechanical failure does occur and cannor always be fixed immediaicly. Whenp police vchicles are deemedr non-r -roadworthy or unsafe by an officer, he/shes shall repon the condilion toh hishers supervisori immediaicly. Ifi the vehiclci isc deierminedi tobeu unsafet by the wear thev vost while ond duay. B. Department Vehicles 17 supervisor and the nexti inc command, its shall be pulled fromservicer untih repaired or placudbacki inios serviceb by order ofi the Chiefof Police. Timei ins Service For the sake of the officer's personal safery axl that of the general public. no officers shall bep permited to work longert than Iwo continuous: shifts ors sixtcen (16) hours. Any officer whol has beeni ins service fors sixteen (16) hours willl ber required wo! have all least cight (8) hours rest before reluming to duy. An excuption to this lime ins service provision is a duly doclared emergency by the Chief of Police AF Physicall Fitness Allowanceoft tenty dollars ($20.00) prmonthy willl be paido on the first pay period ofd cach month, afer Wullikeruxolice departments emplovee coveredy under lhis ayrement successfully completes andy passes al Physical Finess Tesl on ana annual hasisi int thej previous fiscal year and provides documentationgn orl before July Lof the thens sunt fiscal war." The Physical Finess Tesi willl be basedo ond cument' West Virginia Statel Police Academy Standards. If during. SCAL 2 hrough 5of this. Aureement: 50 perent or more of he. police department's mpkywsgoenir uder Ihis Agreemen successlully. sompkis sd piss: aphysical fitness lesti ini thei previous! fiscals yuar andprovic iedixunxntativon or belore Julylof they Ihen current fiscal ycar, the Physial. Filness Allwance. for the1 thens surenu liscal year ands only thaty year willi incrase w lony dullars (S-10.00) permonhiober paidon! thef firsi pay perixlofo cachr month. andlort the City Manager. D. Physsical Fitness 4. CitizenC Complaints For the purposes of this scction, the lenm "private citizen" is defined as any individual external lothel Depariment, and the lem" "formal complain!": isc defined: as an allegationof misconduct by a private citizen wih regards toa member of the Department while the memberi is cngagedi inc official duties. Any priva ale citizen filinga al formale complaint shalll be requiredtop put thal complaint iny writing. specifying the allegedr misconduci. Citizens may. of course. file other complainis aboul police behavior and cannot kx compelled to pur: a complaint in wrilting. Neventheless, all complainis of any nature will be investigated and, prior lo any discipline bcing enacled, the employce whose conduct has boen Questioned shall be entitled lo review thecomplaint. and complete investigative file. Thei investigation ofs such: i complaint shall be addressed as SCt forthi in WV-8-14A. his agrecd thal any employce of the Depariment whoi is foundt to havea allempted toc coerced or threalena ar private citizen lowithdraw ora alter: any complaints shalll bes subjecti loi imm-diate-dischange. 18 AKTICLEEIGHTEEN ACCRUEDSICKIEAVE All employces hired prior 10. July 1.2004 shall accrue sick leave al Ihe rate ol cight (8) Alle employees! hired after. July 1,2004: shall accnie: sick leave atl the rate of four (4) hours All employees upon attainment of six (6) ycars of completed full-time service shall accrue sick leave al the rate of six (6) hours pay credit for each month of completed full-time service; upon attainment oft ten (10) years of completed full- (ime service shall accrue sick leave al the rate of eight (8) hours pay credit for hours pay credit ford cachy montho af completedservive. pay creditf for cach montho ofc compleledservice. each month of completed full-time service. ARTICLENINETEEN DENTALANDEYECARE The Cilya agrocs tor make available gmupr rates fordental ande eyecare wih they premiumt tobe paidforbyd teomployee. ARTICLETWENTY VACATION The vacation benefits shalll bea asf follows: Yearse employed 1-4 5-9 10-14 15-19 20+ Entitlement 2weeks 3weeks 4weeks 5weeks 6weeks AKTICLETWENTY-ONE UNIFORMS Unless otherwise directed, members of the department, while on duty, will wear the uniforms and equipinent issued by the department and prescribed by the Chief of Police. Uniforms willb bev womi inf their entirety andi int their intended fashion, and willl bel kepl clean, well-bnushed: andp pressed. 19 Employees in unifoms shall be entitled l0 ana allowance of $5505800 per fiscal year. Non- unifomed officers receive upl 10580051.000 per fiscaly ycar. Puuyidedi that beginning onjuly 1.2027. and for ther remainders ofl the lifes ofthis sgremunt emplyeesi ini mifoms shall bx entiled : an: allowanceols $1.000 T liscal year andi non-tmifomd ollicers reicup lo S1.200.00 Ixr fiscal Glathingyar. Clothiny under this allowance will be provided on a "military exchange' basis. The term' uniform" includes departmentally requireds shirts. pants. jackets, shoes, boots. hats, gun belts, handcuffs. handculr bell carricrs, clip! holders, mace. mace holders, batons, holsters. sideamms, ammo, flashlighis. batteries. bulbs. and! holders for flashlights. The City shall provide a list of thesei items, reflecting the prices ofe each, when clothing: allowances sheels are distributed.. Alls shoes orl bootss shall bea astandardI leather upper andcompositions sole oxfordofu thei military style. The Citys shalla arrange. al theire expense, for repairs ofs shoes orboois, whichs shallr not beap part ofu the uniform allowance. In addition, the City will provide a twenly- dollar ($20.00) ($25.00) uniform cleaning allowance to cach uniformed: and non-uniformed officer every Iwo weeks al cach pay period. Prusiced th beviming onJ July L 2027. and for theremindkers of the! lifes of! lhis Ayrment the City will provide a. thirty-collar (S30.00) unifom cleaning allowance lo cach uniforned and non- he Givy-will replacer ouler uniferni clalingdamnagw-wFyem: OLL threugh fair wear andtear ini the lineol dhy. Damagedor WAFH HH eniform clething shall e-lumedi inar the timear plaxemenl-parnehaise isHnder Replacement of outer mifomi clohingis unifomdolliers every wowcksalg cachnay xrixi, limitedt tot the-fellewing: A Hmwtalisamw. HUnifemt baekleatherhel: E-Peliee-aeke: Rainenat: & MihakrSikeu highlighud languye, Formatted: Indent: Left 0.49", Nobullets or numbering Alli unifoms purchased by the employer aret tol bea andr remaint thep properiy oft the Cily of Fairmont unless otherwise describedi in Chapter 8ofi Ihe West Virginia Code. ARICLETVENIY-TYO NONACIVIYLEAVE A. UNION ACTIVITYI LEAVE An employce clected t0 a FOP position. or sclected by the FOP to do work that takes the employee from employment with the City. may on writien request from the FOP.: submitted to the Chief of Police at least five working days prior 10 the first day of absence, receive a paid leave of absence for the period of service with FOP subject to the approval of the Chief of Police, The FOP's request shall specify the expecied duration of the employee's FOP dutics. If the employee requires and extension ofl leave, application for such extension shall ber madc by the 20 FOP at leas! two working days prior to the expiration of the preceding leave granted the employee byt the City. Shouldt the Chief deny any requesiedl leave. ther reason shall bep promptly providedt tot thec employee, in writing. ass soon asp possible so ast top prevent any avoidablec costs from beingi incuredby thee employeeo orthe FOP. AFTCETVENIY-TIRE GRIEVANCE A. GRIEVANCE PROCEDURE A grievance is defined as an alleged violation oft the applicable provision ofa any recognized Ifa any grievance arises during the term oft this Agreement, such gricvance may bes submitted Step One. Ifa an employee feels helshel has ag grievance, he/shes shall, withinf five (5) working shifts of the alleged violation occurred or knowledge thereof, present a written grievance lo hisher immediate supervisor. Unless the supervisor determines otherwise, a meeting will occur immediaiely before the end of the employee's work shift. The employee's Union representative may bei ina attendancei ift the employee sor requests. The supervisor shall submit hisher answer within three (3) working shifts after its presentalion. lft the grievance is not satisfactorily resolved, thee employee may escalate his/her grievance per Step Onet to! his next higher ranked supervisor. If the grievance is nots satisfactorily resolved after escalating the giparcethvwghSep0m: thent thee employeer may submitawriteng grievance per SlepTwo. Step" Two. If the grievance is not resolved in Step One, the cmployee may reduce hisher grievancelor writing, withinf five( (5) workings shifts, onagrievancel fomp providedby thel Union and present the grievance tot the Police Chief, orl his designatod representative, fora a written answer. Alar minimum, the form shall name the employee(s) involved, shall state the facis giving rise (o the grievance, shall identify the provision(s) allegedly violated by appropriate reference, shall stale the contention of the employee and of the Union with respect to these provisions, shalli indicatet thei reliefr requested, ands shall bes signed! byt thee employee. Thel Police Chief, orh his designated represenlalive, shall givet the employee an answeri in writing no! later Step Threc. If the grievance is not resolved in Siep Two. the Employce and/or Union representative may, withinf five (5) workings shifts after the receipt oft thea answeri in Stepl Two, appeal the gricvance tot the Cily! Manager, The appeals shallt bei iny writing andi its shalli include thev writteng grievance and the! PaliceChiefsanswers ands shalls specify theb basis ofi thea appeal. A copy of the appeal shall bes sent tot thel Police Chief. The Union may, atl thes same time the written appeali isf filed, submita a writtenr requesit tothe Cily Managerf fora ameeting! between the Union and the City Manager, or his/her designated representative, to attempi to resolve the grievance. Ther mectingwillbea atamutually agreeablet time and willt takey place withint ten (10) working days after receipt of the written appeal and the request for a mecting. The Ciy collectivebargaining: agreement thatt theemployeeisp party to. throught thef following Gricvance! Procedure: thanten (10) workingdaysa after receipt oft thev writteng grievance. 21 Manager. or hisher designated representative, shall give the Employee and/or the Union representative ana answer in writing, whicha answers shall be final, nol latert thant len (10) working daysa after receipto oft thev written appeal or meeting, whicheveri isi later. Additional time may be Anyg grievancenotf filedv within theprescribedt time! limitorn nota advancedt tot ther nex! Stcpbyd the employee or the Union within thet time limit int that Step, shall be decmed abandoned. Ifa supervisor or the Police Chief. or hisher designated representative, docs not answer a grievance wihin the lime limits prescribed ini this Article. the grievance will be considered automatically refemed tothenexts SspdfeeOheanePoadr. "Work days" for the purposes of this Article, shall be Monday. Tuesday, Wednesday. Thursday andl Friday, excluding observedh holidays. "Working shifts" for thep purposes oft this Article, shall be any day that the respective employee's assigned shifi iss scheduled 10 work, An matteri involvings severald officers andu thes samec questionr may bes submitted by the Unionasa policy grievance ande entereddiroctly: at the Second: Stepofi the Grievance Procedure. Separate grievances. timelyf filcdunder the Grievance Procedure, arising outofu thesameorsimiarsatof factsori incidents shallb bec consolidated: andh handleda asc oneg grievance. allowedbyr mulual writtena agreemento of the City: andi thel Union. excluding) WVS22-1holidays. ARIICLETWENTY-FOUR SEPARATIONS, ANDI DISCIPLINARY, ACTIONS A. DISCIPLINARY ACTION The City ofl Fairmont has eslablished certain rules, regulations and standards of conduct and behavior which il expects of the members oft the Police Depariment. Those rules, regulations and standards of conduct and behavior which are a legitimate exercise of governmental authority and are reasonably calculated to provide for an orderly and structured work environment: and tor maintain discipline with the City of Fairmont Police Department so ast t0 cnable the Depariment top provide adequate police protection for the citizens of Fairmont. It is the responsibility of all employees t0 observe Such rules, regulations and: standards of conduct necessary for the proper operation of govemment functions. Investigations into a police officer's conduct, pre- disciplinary procedures and disciplinary actions, excluding the issuance ofa verbal waming. are controlled by the provision of West Virginia Code 8-14A-1 ets seq.. and the provisions of Wesi Virginia B. EMPLOYEEA ANDSUPERVISORI RESPONSIBILITIES ands shalla abide byt the City's rules andr regulations. Code8 8-14-20. An employee shall correct any faults inp performance when calledt tol his orh her atlention 22 Every supervisor will ençourage quality performance by recognizing satisfactory and oustanding employee performance. Every supervisor also shall discuss improper or inadequate perfomance with employees inc order (oc correct the deficiencies and toa avoid Whenever grounds for disciplinary action exists, and the supervisor determines that mor severe actioni is not required or not yet warranted. the supervisor should verbally communicate to the employee the observed deficiency or violation, Within thirty (30) calendar days of the warning, the employee may file a writlen rebuttal to the warning whichs shall be: attachedt toi the memorandum documenting the waming and placedi in! the The Chief may reprimand ane employee in writing. Suchi reprimand: shalll be: addressed 10 the employce andas signed copy shall be deliveredt tot the City Manager for inclusion in the employee's personnel file. Within thiny (30) calendar days of the waming, the employee may file a written rebuttal to the waming which shall be atlached to the The Chief, withi thec concurrence oft the Cily Manager, may: suspend with ory withoutp paya regular employee as a disciplinary measure. The employee shall be fumished with a writien statement selting forth reasons for the suspension. The City will follow those applicable provisions set forthi in West Virginia Codes section 8-14A-3. as amended. If the employee is cleared ofa all charges, he or she shall be reinstated to their previous The Chief may, witht the approval of the City Manager, demote or reduce ins salary any regular employee fort the good oft thes service orf fordisciplinary reasons. ther needt toe exercise disciplinary action. VERBAL WARNING City's employee personnel file. D. WRITTENREPRIMAND waming andp placedi int the City'semployee, personnel file. E. SUSPENSION position witht full back pay. F. DEMOTION G. DISMISSAL employee. For violation of any ofi the following charges, employees may bes subject toi immediate dismissal. The Chief must have the concurrence of the City Manager to dismiss an H. REASONSFORI DISMISSAL 23 ltis agreed between the FOP and the City that the following constitute substantial violations whichs specifically relate to and: affect thea administration oft the office to which a policeman is appointed, regardless of rank, and that said violations further directly affectt ther righis andi interests oft the public. Accordingly, the following shall bej just cause (bulr nolt thec only just cause) for dismissal. a. Refusal tocomply witha al lawfuli instruction. b, Insubordination. Convictionofai felony while ane employce oft the City. d. Deliberalec ord careless conducte endangering the safely oft the employee, or others. Indulging inc offensive conduct towardt the public orc other employees. Inducing or attempting lo induce any employee in the service to commil an unlawful act in violation of City regulations. official policy. or departmental Using, threatening. or attempting to use personal or political influence in an Incompetency and inefficiency int the performance ofj job duties resulting int two (2)0 consecutiver unsatisfactory ratings on performance evaluations. Gross carelessness or gross negligence with City monies or property. Theft ori intentional destruction of City property, <. Intentional falsification ofp personnel records, time reports, or other City records. Taking for personal usef from any person any fec. gift, or other valuable thing in the course of his/her work or in connection with it, when such gift or other valuable thing is given int the hope or expectation of receiving a favor or better m. Engaging in outside business activities on City time, or using Cily property for orders. effort los secures special consideration. treatment than thal accorded otherp persons. such activily inv violation oft these rules. Failure to1 maintainsatifactory: attendance record. Conviction! fors sale orp possessionofac controlled: substance. 24 Being absent without leave or failing lo properly report your absence from work. Lettersa a and hr must be on Cityt time. REMOVAL OF DISCIPLINE Letters, notes and written reprimands of a disciplinary nalure that are plaçed in an employee'sfile willl ber removeda after Ewoy years and thec originalhanded loI thee employce. Ane employce willl have ther right tor review! his orl her personnel file during normal working) hours ata at time convenient for allp parties, andint thep presence oft thel Department When any employee is under inyesligation which could lead to punitive action above, the employee shall have the rightt toi invoket thei investigative protections afforded himor her immediately under West Virginia Code $8 8-14A-1. et. seq. "Under investigation" shall mean, in addition to the slatulory definition, whenever any accusation is made against the employee, or a charge is aboul 10! be brought againsi thee employce. The City agrees thatt the officers shall ber notifiedi iny writingo ofi ther resolutionc oft thei investigation. J. REVIEWOFF FILES Head or City Manager designee. K. PROCEDUREFORI INVESTIGATION ARTICLETWENTVARVE EXCEPTIONSDISCLAIMER Nothing hereins shall be construed to supersede Civil Scrvice Rules as contained in the rules and regulations oft the Civil Service Commission ofi the City of Faimmont and Laws oft the Stateof West Virginia AKTICLETVENTY-SIK SICKLEAVE A. SICKLEAVE Ane employee may use any accumulated: sick leavei inc case of actuals sickness ord disability or for medical, dental or eye examination for which arrangements cannot be made outside of working hours; when the employee is required to care for a sick or injured spouse, child ori immediate family member who is under the employees care, (do: after 25 exposure toac contagious disease when continuing t0 work mightj jeopardize the health of An employce who is sick or disabled and has exhausted all accrued lcave, including all sick leave, personal days, vacation leave and FMLA leave (ife eligible). and alls sick and accident benefits under Rule 21.21 of the city of Fairmont Personnel Rules and Regulations may be granted, upon approval oft the City Manager, an additional leave of absence without pay. This leave of absence may be granted for a maximum duration of upt tos six (6) months witha a review and or cancellation ofl leave at any time. During this period, the City's portion of the employee's health and life insurance premiums will alsol bep paid by the employee, provided thei insurance policies oft the Cilya allow for such coverage. Thee employee willr nol accrue: seniority or any leave undert this paragraph. Any accumulated sick leave used by the employee shall be charged based on actual lime used with ai minimum increment ofl hour: abovet that amount actual time used to ther nearest hour willl bec deductedf from the employee's accrued sick leave! balance. olhers. B. LEAVESOFABSENCE With the exception of qualified FMLA leave, sick leave fora a period greater than thrce (3) consecutive days or totaling more than ten (10) days in one calendar year shall be granted only on the certificate of a reputable physician submitted on the fourth and eleventh day of absence, respectively, and on each subsequent absence beyond the eleventh absence. Loss of time due t0 in-patient hospital confinement and resuling home confinement shall not be included in the calculations to determine when a physician's certificate is required. The requirement lo providea a certificate ofar repulable physician, as referred toi in this section, is only required if requested by the Chief of Police. Employees are required to submit to as second physical exam by a physician chosen by the City, al the City'sexpense, ifr requesied by the City. FMLA leaves shall beg granted in accordance with the FMLA provisions oft this Agreement. ARTICETWENTYSEVEN TUITION/ AID The City realizes thati itist toi itsl benefit for employees l0C continue theire educationi int their job-related field. Therefore, the City will pay, according to the following. expenses The City willp pay one-halfo of the costs fore employment related courses al Fairmont Siate College or West Virginia Universily or other appropriate institutions approved in incurred ford continuing education. 26 advance by the Personnel Officer. The employee must complete and pass the course. Reimbursement will ber madet tot thee employce upond completionoft the course. Educational class costs ine excess of $100 willl ber madei ifl the employce agrees tor remain with the City atl lcas! six months after completion oft the course or to reimburse the Cily by! having the: amount deducled from the final paycheck should the employuc erinate eniployment priori therelo, ARTICLETWENTY-EIGHT DURATION. AND' TERMINATION Thez agreement shall become effcctive at midnight on Nove enber 12,2020Janun., 2025 and shall remain in full force and effcct until midnight Novemher- h 2023December. 31,2029. and thercafter for successive yearly periods. unless noticei is given in writing. by certified mail, by either the Union or the City I0 thc other, posimarked notr more than nincty (90) calendard days and not less thans sixly (60) calendar days priort tot the expiration date or any subsequenty yearly period, ofi its desire lor modify, amend ort temminate this Agreement, in which case negotiations shall begin al least fifly Al Budget Revision for Pay Changes not in the Pay Plan will be presented to Council IN WITNESS WHEREOF. the parties herelol have caused this Agreement 1o1 bes signed (50) calendar days prior toi the expirationc oft this Agroement, togelher witht this Contract. byt their duly authorized represenlatives inc duplicate originals. CITYOFFAIRMONT By:Alis/ TravisL. Blosser, Cily! Manager Allest: City Clerk FOP,LODGE69 By:Alis/_ Tyler Hall, President Attest:. Sccretary 27 ITEM2 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING THE PURCHASE OF THE FOLLOWING REAL ESTATE BEING: Description District/ Map/ Parcel 8015 SQ FT 10th & MINOR 0.07 AC (3026 SQ 2FT) 10th ST Fairmont City Fairmont City 6/0143.0001.0000 6/0144.0000.0000 6/0169.0002.0000 25158 SQ FT (0.578 AC) 10th ST Fairmont City FROM ROBERT J. WILLAMS, III, FOR USE AS A FACILITY TO ASSIST IN PROVIDING THE ESSENTIAL PUBLIC SERVICES CONDUCTED BY THE CITY OF FAIRMONT'S DEPARTMENT OF PUBLIC WORKS; APPROVING THE FORM OF THE PURCHASE SALE AGREEMENT AND AUTHORIZING AND EMPOWERING THE EXECUTION AND DELIVERY OF SAID AGREEMENT AND TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH; RESERVATION OF RIGHTS. SYNOPSIS This ordinance authorizes and approves the acquisition of the parcels of real estate identified in the ordinance title, together with the improvements thereon and the appurtenances thereunto belonging from Robert J. Williams for use as a facility to assist in providing the essential public services conducted by the City of Fairmont's Department of Public Works. The purchase price for the real estate is $665,000.00. The purchase price requires that the Seller deliver the property in a turnkey ready condition. All renovations described on Exhibit B attached to the real estate purchase agreement must be completed prior to closing. The issuance of a certificate of occupancy by the City's Building Inspector is a condition precedent to closing. Depending on the ultimate financing structure, additional ordinances may be necessary. This ordinance further authorizes the execution and delivery of any and all documents necessary to consummate the transaction contemplated and all other actions which may be reasonable and necessary in connection therewith. The ordinance contains a reservation of rights. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING THE PURCHASE OF THE FOLLOWING REAL ESTATE BEING: Description District/ Map/ Parcel 8015 SQ FT 10th & MINOR 0.07 AC (3026 SQ FT) 10th ST Fairmont City Fairmont City 6/0143.0010000 6/0144.0000.0000 6/016900020000 25158 SQ FT (0.578 AC) 10th ST Fairmont City FROM ROBERT J. WILLAMS, III, FOR USE AS A FACILITY TO ASSIST IN PROVIDING THE ESSENTIAL PUBLIC SERVICES CONDUCTED BY THE CITY OF FAIRMONT'S DEPARTMENT OF PUBLIC WORKS; APPROVING THE FORM OF THE PURCHASE SALE AGREEMENT AND AUTHORIZING AND EMPOWERING THE EXECUTION AND DELIVERY OF SAID AGREEMENT AND TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH; RESERVATION OF RIGHTS. WHEREAS, the acquisition of the real estate hereinafter described from Robert J. Williams, III, has been deemed essential to the City of Fairmont Department of Public Works. WHEREAS, the consideration to be paid for said real estate, improvements, and appurtenance, as renovated in a turnkey ready condition is $665,000.00, no more no less. WHEREAS, West Virginia Code $8-11-3(6) and Section 2.12 subpart (6) of the Charter, provide that the purchase of private property must be authorized by Council by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FOR THE CITY SECTION 1. For purposes of providing the essential public services conducted by the City of Fairmont Department of Public Works, the Council for the City of Fairmont hereby authorizes and approves the purchase of the OF FAIRMONT THAT: following described real estate from Robert J. Williams, to-wit: All those certain parcels of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in the City of Fairmont, Fairmont District, Marion County, West Virgina, and more particularly bounded and described as follows: PARCEL ONE: (Map 6, Parcel 143.1) BEGINNING at a point at the intersection of the Southerly side of Tenth Street and the Easterly side of Minor Avenue, a corner to the property owned by Robert J Williams III; thence with the Southerly side of Tenth Street, S 60° 15' E45.80 feet to the Northwest corner of parcel two (as described below); thence with the Westerly line of said parcel two S 29° 45' W 175.00 feet to the Southwest corner of parcel two; thence N 60° 15'W 45.80 feet to a point in the Easterly side of said Minor Avenue; thence with the same, N 29°45'E 175.00 feet to the beginning, containing 8,015 square feet. PARCEL TWO: (Map 6, Parcel 144) BEGINNING at a 12 inch reinforcing rod (set) standing on the Southern right-of-way limits of Tenth Street and standing as the Northeast corner toa parcel conveyed to Fairmont Supply Company by deed recorded in Deed Book 843, at Page 580, said rod standing South 60°15'00" East 45.80 feet from a point standing on the Eastern right-of-way limits of Minor Avenue and as the Northwest corner to Lot No. 20 of Block No. 63 of the Fairmont Development Company's Addition; thence with said limits of Tenth Street, South 60°15'00" East 98.62 feet to a track spike (set), said rod stands in the Western limits of the "Fairmont Belt Line Railroad" as conveyed to Fairmont Supply Company by deed recorded in Deed Book 885, at Page 570; thence with said limits of the "Fairmont Belt Line Railroad", with a curve to the left having a radius of 543.70 feet, an arc of 192.54 feet, and a chord of South 05°46'00" West 191.54 feet to an 1/2 inch reinforcing rod (set), said rod stands as the Northeast corner to the "Pole Yard" as conveyed to Fairmont Supply Company by deed recorded in Deed Book 857, at page 999; thence with said "Pole Yard" parcel and a parcel conveyed to Wheeling Plumbing and Industrial Supply Company by deed recorded in Deed Book 857, at Page 994, North 60°15'00" West 176.48 feet to a point on a concrete wall, said rod stands as a corner to said Fairmont Supply Company parcel, North 29045'00" East 175.00 feet to the beginning, containing 25,158 square feet or 0.578 acres more or less, as surveyed and as shown on a plat dated June 5, 1990, said plat was prepared for Konstantinos V. and Shirley K. Seremetis, by Allan J. Witschi, L.L.S. No. 587, for Greenleaf Surveying Company, said plat is of record in the aforesaid Clerk's office in Deed Book 890, at Page 872. PARCEL THREE: (Map 6, Parcel 169.2) BEGINNING at a track spike standing on the Southern right-of-way limits of Tenth Street and standing as the Northeast corner to parcel two; thence with a project of the Southern right-of-way line of Tenth Street, S 60° 15' 00" E 20.00 feet to a V2 inch reinforcing rod; thence with two (2) new division lines, S 03° 52'50" W 194.49 feet to a 12 inch reinforcing rod; thence N60° 15' 00" W 27.00 feet top a 12 inch reinforcing rod, said rod stands as the Southeast corner to parcel two; thence with said parcel two, with a curve to the left having a radius of 543.70 feet, an arc distance of 192.54 feet and a chord of N 050 46' 00" E 191.54 feet to the beginning, containing 3,026 square feet, more or less, as shown on a plat of survey by Allan J. Witschi, L.L.S. No. 587, Greenleaf Surveying Company, dated June 5th, 1990, revised September 25th, 1995, and of record in the Office of the Clerk of the County Commission of Marion Count, West Virgina, in Deed Book 930, at Page 600. Being part of the same real estate conveyed to Robert J. Williams, III, from U.S. Machine, a West Virginia corporation, by deed dated September 15, 2021, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 1292, at Page 672. All three parcels described above are shown on a plat prepared by Greenleaf Surveying Company dated September 25th, 1995, and of record in the Clerk's office in Deed Book 930, at Page 600. SECTION 2. The, City Manager for the City of Fairmont on behalf of the City be and is hereby authorized and empowered to execute and deliver for and in the name and on behalf of the City of Fairmont that certain Real Estate Purchase Agreement by and between Robert J. Williams, III, and the City of Fairmont/Fairmont Building Commission, a copy of which is attached hereto and made a part hereof, all with such change or changes from the respective form of said Agreement approved hereunder, as the City Manager executing the same may approve, such approval and the propriety and necessity of said changes to be conclusively evidenced by the execution thereof. SECTION 3. The total consideration to be paid by the City of Fairmont for the real estate hereinbefore described as renovated in a turnkey ready condition is $665,000.00, no more no less. SECTION 4. The City Manager, on behalf of the City of Fairmont, be and ish hereby further authorized and empowered to act in accordance with law and to do any and all things reasonable and necessary to provide for the construction, establishment, and/or acquisition of the aforementioned project, including full power and authority to negotiate, enter into, execute, and deliver any and all other necessary documents, including by not limited to any applications, contracts, grant agreements or any other documents, which may be necessary and desirable to consummate the transaction authorized herein and otherwise carry out the purpose and intent of this Ordinance, all with such change or changes from the respective forms of any such document as the City Manager executing the same may approve, such approval and the propriety and necessity said change(s) to be conclusively evidenced by the execution thereof. SECTION 5. Nothing herein shall require or obligate nor compel the City of Fairmont, the Fairmont Building Commission, or the City Manager to take any action in furtherance of the transactions contemplated hereunder, or to execute or deliver any document approved hereunder or any other document, contract or agreement which may be deemed necessary to consummate the transactions contemplated hereby, and in that regard all rights are reserved to the City of Fairmont. Nothing herein shall give rise or be construed to give rise to any actionable cause by Robert J. Williams, III, or any person, firm or corporation or entity against the City of Fairmont or the Fairmont Building Commission, whether at law or in equity, by way complaint, counterclaim, cross-claim, or third-party complaint. SECTION 6. Nothing herein authorizes any action or shall be construed to authorize action, including financing action, that would otherwise be required to be authorized by Council by ordinance. SECTION 7. This Ordinance shall become effective thirty (30) days after adoption. Passed this the day of 2025. MAYOR ATTEST: CITY CLERK REAL. ESTATE PURCHASE AGREEMENT THIS REAL ESTATEPURCHASE AGREEMENT (the "Agreement") is made as of III, a resident of Marion County ("Seller"), with an address of 200 gth Street, Fairmont, West Virginia, and CITY OF FAIRMONT, a West Virginia municipality municipal corporation OR the FAIRMONTBUILDING COMMISSION. a statutory public body. is themunicipall building commission for the City of Fairmont created pursuant I0 the provision of West Virginia Code $8- 33-1 Cl seq.. and Ordinance No. 689 ("Buyer"), with an address of 200 Jackson Street, Fairmont, West Virginia. The Seller and the Buyer shall not be bound by any stipulations. representations, agreements, or promises, oral or otherwise, not found in this Agreement. The Scller and Buyer may hereafter be referred to individually as a "Party" and collectively as "Parties." the. day of 2024 (the "Effective Date"), by and between ROBERT J. WILLIAMS, RECITALS WHEREAS, Seller owns certain real estate and improvements located in Fairmont City District (03), Marion County, West Virginia, with an address of 100 10" Street, Fairmont, West Virginia, containing .83 acres, more or less, identified as Map 6 Parcel 143.1, Parcel 144. and Parcel 169.2 (the "Property"), which is more fully described in Exhibit A attached hereto and incorporated herein by this reference, and being part of the same property conveyed to the Seller by deed dated 15th day of September, 2021, and of record in Deed Book 1292 al Page 672 in the office of the Clerk of the County Commission of Marion County, West Virginia, and being PARCEL ONE. Tracts One & Two, and PARCII.TWO of saict deed. WHEREAS, Buyer is a munieipality- municipal corporation OR a municipal building commission created hy the City of Fairmont pursuant to the provisionsof West Virginia Code $8- 33-1 et scq.. and Ordinance No, 689 WHEREAS Section 4.01 of the Charler of the City of Fairmont provides for the csiablishment of a Department ofl Public Works thal has been chargedbyorlinance with providing essential public services, including the construction. operation, and maintenance of the streets, sidewalks, parks, and other public works of the City of Fairmont. providing the aforementioned essential public services. WEREAS. the Public Works Depariment has identilied the need for a facility to assist in WHEREAS, the property mecis heforementioned: needof the Public Works Department. WHEREAS. Seller desires (o sell and Buyer desires to purchase the Property: and Pagelof1l WIENEASIM-pMaepePnwshaaeaaw NOW,THEREFORE, in consideration of the amounts to be paid and the agreements and covenants to be kept and performed hereunder, Seller hereby agrees to sell and convey l0 Buyer and Buyer hereby agrees to buy, on the terms and conditions set forth in this Agreement, the apPCe-Hinepupoerafleye Property, and Seller and Buyer further hereby covenant. and agree as follows: AGREEMENT 1. PURCHASE PRICE. The purehasc price lo be paid by Buyer and accepled by Seller for the Property (the "Purchase Price") on the "Closing Date" shall be Six Hundred, Sixty-Five Thousand Dollars ($665,000,00), no more no less. The Purchase Price shall be payable by immediately available lunds as of the "Closing Date". Payablein-Unie-Slates-Cwumeney-as fellews: ()-Buyer-shall upen MeEHOP-SFS-Agremen-depuitwisi-Selier-hneeperent (34)-ef-the Puchasepice-epwmingieiaAa"NineHmér-Fiy Palusi9sa)emeny4pwwwwwleraépsitet -FRe-behanee-eHhe Purehasepre-beingpyeeimesoretrifie-femnds-ate Parte-mepurehaseprisepriseer-th-Popenry time-ofelesing 2. ABNESFMONEHANiewe------inysaw ai--wwpiswaepmh-epiw NPyey-Agemewe -A-Pmepe-shwsmay evers-megreetwpon RdwtPhamPrMbinteww ----------Y "aigoterumolNwweh-e-wyerénseet meeadwhepmaa-hwiyriwyerfaweiswyemalpe "sspwiS.iewihasainiatmown 3. MICTROPATHHe, agrees to: sell and convey to Buyer and Buyer hereby agrces to purchase from Seller, subject to the terms and conditions set forth in this Agreement, the Property, which also includes the following: (a) All and singular, the rights and appurtenances pertaining thereto, including any right, title and interest of Seller in and to adjacent streets, roads, alleys. access easements and rights- of-way. Page2of11 (b) Such other rights, interests, and properties as may be specified in this Agreement tob bes sold, transferred, assigned, or conveyed by Seller to Buyer. 4. PHYSICAL CONDITION. taie-p-w-wwaNy forbayerosemaweswéhéehi-alseweyea-halresmabymg.st. Seller shall deliver the Property in a turnkey ready condition. Seller and Buyer have agreed to certain renovations which must be completed prior l0 the Closing Date, and which are a conditioned precedent to the required prierte sale and purchase of the Property (the "Renovations") and the Closing. Seller has worked with Omni Assoclates-Architeets, Inc. to provide the construction schematics and partial scope of work (the "Renovation Documents"), referenced within Exhibit B and incorporated herein by reference, needed to complete those renovations. Seller and Buyer have carefully reviewed the Renovation Documents, independently. and agree to the proposed renovations. Buyer accepts the Property and improvements thereon in a turnkey ready condition as proposed by the aforementioned Renovation Documents. 5. PRECLOSING REQUIREMENTS. The following reports, examinations, and work are required to be completed prior to the date of closing. (a) Survey. Buyer, in is sole discretion, shall obtain a survey of the Property at its sole expense. (b) Title Examination. On or before Deeember1,2024 (the" "Title Examination Period"), Buyer shall examine title to the Property, at Buyer's pma-welay-euwyinsialw (c) ASTM ESA PHASE IandII. Buyer shall complete all necessary ASTM ESA (d) Appraisement. Buyer has obtained an Appraisal Report from Professional Appraisal Corporation for the purpose of determining the estimated value of the Property in use to the City of Fairmont as an essential services facility for the: street (e) Renovations. Prior to the Closing Date, Seller shall complete all renovations and repairs to the Property, as described in the Renovation Documents, attached hereto as Exhibit B. Construction shall be completed within six (6) months from time of earesiae'rensetions. Phase I and II reporting at its sole expense. department. See ExhibitC. commencement through completion. 6. The following provisions shali apply 1o the Renovations and shall survive Closing: (a) Change Oriers: Noclaim for payment for any change in the Renovations, including additional labor,services. materialsort additions of any kind shall be made by Seller Page 3of11 or shall be payable 10 Seller by Buyer unless Ihe same have been performed or furnished pursuant 10 an approved writien change order execuled by the Buyer prior to the perlormance of or furnishing of such additional labor, services, (b) Inspections: Buyer, by and through its Building Inspector and Code Officials. among others, shall have the right lo inspect the work required by the Renovations al woekly intervals, Inspections will also occur at key points during the Renovations as determined by the Buyer.Afinali inspcctionof the Renovations may he undertaken by Buyer prior to the Closing Date and an itemized punch list will be preparcd for Renovation items which Buyer decms inadequale, incomplete or otherwise unacceptable. Selleragrecs to complete all items on the punch list to the satisfaction of Buyer prior 10 Closing. Seller agrees (o give Buyer access to the Properly for purposes of inspection during regular business hours, M-F8:30 a.m. (c) Certificate of Occupancy: The issuance of a Certificate of Occupancy by Buyer's (d) Lien Waivers: Seller shall supply lien waivers 10 Buyer prior t0 the Closing Datc from all vendors. suppliers, maierialmen, laborers, and subcontractors whose materials. products, cquipment. labor or supplics, ctc.. have been incorporaied in (e) Product Warranties: Seller shall provide lo Buyer prior I0 the Closing date all written warranties furnished by all individual manufacturers of particular producis. equipment, matcrials, ele.. incorporated in the Renovations. which written warranties must be specifically endorsed by said manufactures to Buyer. Manufacturer product warranties (0) Seller's General Warranty and Guarantce: Seller warrants and guarantees that the Renovations will be completed in a workmanlike manner and free from delecis fora materials. or addition. to 4:00 p.m. Building Inspector shall be a condition precedent l0 Closing. the Renovations. do not relieve Sellerof its obligations under this Agreement. period of years from the Closing Date, 7. SELLER'S QUALITY OF TITLE. Seller shall, upon tender of the unpaid balance of the purchase price, convey the Property to Buyer by proper deed, conveying good and marketable fee simple title to the Property with covenants of speciat general warranty, free from all liens and monetary cncumbrances other than any prior out conveyances or leases of minerals, oil or gas, customary easements of record or visible on the ground, and taxes assessed but not yct payable. Unless otherwise stated herein, the Seller shall convey a fcc simple estate in the Property. In the event the Buyer's attorney finds title to the Property to Page4of11 be unmarketable, the Buyer shall promptly notify the Seller oft the specific defect in title and the Seller shall have thirty (30) days thereafter to correct the defect and, ifc corrected, this sale shall thereafter be consummated. In the event the title defect cannot be or is not corrected within said thirty (30) days, the Buyer, at the Buyer's option, may declare this Agreement 8. SELLER'S DEFAULT. If Seller refuses or fails to make conveyance, in accordançe with the terms herein, or should the Seller be unable or fail to convey good and marketable fee simple title upon the terms set out in this Agreement, or should a survey reveal that all land is not within the boundaries of the Property or the survey reveals lack of legal ingress and egress and said condition is not cured by the time of closing, then upon written notice of said facts by Buyer to the Seller, Buyer may proceed with such remedies as the law affords for breach of this Agreement. If, due to factors beyond Seller's control, Seller fails within the time allowed to make any non-casualty remedies, Buyer may (a) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (b) terminate this Agreement as the sole remedy. If Seller fails to comply with this Agreement for any other reason, Seller will be in default and Buyer may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this 9. BUYER'S DEFAULT. If Buyer fails to comply with this Agreement for any reason other than those expressly set out in this Agreement, Buyer will be in default, and Seller may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this Agreement and receive the earnest money as liquidated damages, thereby 10. ACTIONS OR SUITS. Seller warrants and represents that there are no actions or suits in law or equity, or proceedings by any governmental agency now pending ort threatened against Seller in connection with the Property, and there is no outstanding order, writ, injunction or 11. RISK OF LOSS. Seller shall keep in force sufficient hazard insurance on the Property to protect all interests until this sale is closed and the deed delivered; and full risk of loss as to the Property shall be carried and borne by Seller until such time. All land and improvements on the Property are to be delivered tol Buyer in a turnkey condition. Provided however, if the improvements are destroyed or substantially damaged by fire or otherwise, then and in that event Buyer may, at its option, cancel this Agreement "e-ytw +2: DEED. After the fulfillment of all conditions stipulated herein to be performed by the Buyer and the Seller, the Seller shall by proper deed, conforming to the provisions of Paragraph convey the Property to Buyer. The Seller shall pay for the preparation of the deed. "P-wwy.ee and Seller's attorney fees void and shall effectively terminate this Agreement. Agreement, thereby releasing both Parties from this Agreement. releasing both Parties from this Agreement. decree of any court or governmental agency affecting the Property. Page 5of11 and costs. Buyer shall pay for the title examination fees, recording fees, title insurance, all financing fees, costs, and expenses. ene-half-the-reqired-decumentery" and-exeise-and transferstamps-and attorney fees of the Buyer. Buyerisar political subdivision of the State of West Virginia and is exempi from payment of ther requinddlocumentary and excises laxes on the privilege of transferring real eslatc, 13. Represcntations. Warrantics and Covenants. Seller hereby represenis and warrants as follows: (a) Seller agrees to transfer. sell and convey, and Buyer hereby agrees to purchase and acquire, on the terms and conditions hercinafter staled. the Property as hercinbefore described and all appurienant improvements. righis, privileges and casemenis. Selleragrees and covenanis that it will not sell, lcase. convey or morigage the Property or any interest thercin during the term of this Agreement or any estension thercof, withoul the prior writien consent of the Buyer. Seller further agrees LO execule and deliver 10 Buyer any customary affidavit or other document normally required by a national litle insurance company asa condition for the issuance of a title insurance policy lo Buyer al closing. (b) There are no leases, licenses or other agreements. writen or oral, granting or allowing any porson or cntity any right 10 use or occupy all or any portion of the Properly. and Seller shall not enterinto-any such leasc or agreement during thc lcrm of this Agrcement without (c) Seller represents and warrants thal is has no knowledge of any relcase or threatened release of a any hazardous substance as defined by the Comprehensive Emvironmental Response Compensation and Liabilitp. Acr 42 USC $9601 et scq.. The West Virginia Underground. Storage Tank Act WV Code SS22-17-1 ct seq., or the. Hazardous Waste Management Act WV Code 22-18-30 ct seq., or any other federal. stale or local law, rulc or regulations resulting from actions ur envirommental conditions on the Properly prior to the date of closing, or any asserted. pending or threatened actions or claims by any govermental cntiy or regulatory agency relating 10 any environmental condition of any kind on or with regard IO the Properly, or any other asserted, pending or threalened claims. assertions. actions orl litigation relating lo any envirommental conditionof any kindo on or with regard to the 14. Ordinance Required: This Purchase Agreement and the City of Pairmont's obligation hereunder to purchase is contingent upon the Council for the City of Fairmont adopting an authorizing ordinance pursuant l0 the provisions of West Virginia Code $8-11-3(6) and the Charter of the Cily of Fairmont. and said ordinance becoming effective. Should the Council for the Cily of Fairmont fail or refuse 10 adopt an ordinance authorizing the purchase of the real estaie by the Buyer from the Seller, or should any such ordinance So adopted nou become effective for any reason, this Agreement shall he null and void. lerminated and cancelled and Buyer shall thereupon be released and discharged from all further obligations. liabilities and responsibilities therefor or hereunder and withour liability for any damage or damages the Buyer's prior written consent. Property. whatsocver to Seller. Page6of11 15. Non- Funding: Shoukl the Council for the City of Fairmont fail or refuse to budget in accordance with its budgctary and penlimgpoxduresa., as required! by slatuneihenecesary funds to provide for the payment of the consideration identified above. Buyeri may declare this Agreement null and void, erminaled and cancelled and shall thereupon be released and discharged from all further obligalions, abilsanlispmlaiiet thereforor hercundera and 16. TAXES and PRORATIONS. Real estate, school, and other property taxes (collectively, "Property Taxes") fer2024-and-2925 shall be pro-raled and apportioned, as of the Closing Date on the basis of a calendar year period for which assessed. Ift the Closing Date shall occur before an assessment is made or a tax rate is fixed for the tax period in which the Closing Date occurs, the apportionment of such Property Taxes based thereon shall be made at the Closing Date by applying the tax rate for the preceding year to the latest assessed valuation, but, prompily after the assessment and/or tax rate for the current year are fixed, the apportionment thereof shall be recalculated and Seller or Buyer, as the case may be, shall make an appropriate payment to the other within thirty (30) days! bascd on such recalculation. 17. PUBLIC IMPROVEMENTS. All unpaid obligations for public improvement(s) including but nol limited to street, sidewalk, or sewer improvements completed and assessed on or before the Closing Date shall be paid by Seller, whether or not such obligation is of record, and Seller represents they have no knowledgc of any unpaid obligations for public improvements. or ongoing public improvements that might create such obligation. 18. ENTRY ON PROPERTY. Buyer and its agents, employees, contractors, consultants, and related parlies shall have the right of reasonable entry onto the Property to perform tests, 19. POSSESSION. Actual physical possession of the Property shall transfer from Seller t0 Buyer upon execution of the deed and other closing documents at the time of closing. Date"), at a time and place mutually agreeable to the Parties. Time is of the essence in the 21. ASSIGNMENT. This Agreement shall not be assigned or transferred in whole or in part without the express written consent of the Seller, such consent shall not be unreasonably 22. AMBIGUITIES. Both Buyer and Seller agree that they have read and understand this Agreement and have participated fully in the negotiation, review, and revision of this Agreement, entered into it voluntarily, and had the opportunity to have the advice of withoul liability for any damage or damages whatsoever lo Seller. inspections, and surveys. 20. CLOSING. This sale shall be closed on or before 2025 ("Closing performance of all obligations under and in relation to this Agreement. withheld. Page7of11 respective counsel. Any rulc of construction to the effcct that ambiguities are to be resolved against the drafting Party shall not apply ini interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any Party. 23. GOVERNING LAW and VENUE. This Agreement shall be governed by and interpreted under the laws of the State of West Virginia and the Parties consent to the jurisdiction and venue of the Circuit Court of Marion County, West Virginia for any litigation or special 24. JOINT DRAFTING. Buyer and Seller specifically and thru counsel have participated jointly in the negotiation and drafting oft this Agreement. Ifa an ambiguity or question ofi intent orinterpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue 25. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be an original, fully enforceable counterpart, but all of which together shall 26. AMENDMENT. This Agrcement constitutes the entire agreement and contract between the Parties and there are no other underslandings, oral or written, relating to its subject matter. This Agreement shall not be changed, modified, or amended in whole or in part except in IN WITNESS WHEREOF, and intending to be legally bound hereby, the Parties have proceeding arising hereunder. oft the authorship of any of the provisions of this Agreement. constitute one instrument. writing signed by each of the Partics. executed this Agreement as set forth below. SELLER: ROBERT. J. WILLIAMS, III BUYER: Depends on Financing Page 8of11 EXHIBITA PROPERTY DESCRIPTION DISTRICT 3, MAP 6, PARCELS 143.1,144, & 169.2 The following description is as written in the Deed Book 1292 at Page 672, recorded in the office of the Clerk of the County Commission of Marion County, West Virginia and incorporated ini relevant part as evidenced below: PARCEL ONE: (Map 6, Parcel 143.1) Beginninga at a point at thei intersection of the Southerly side of Tenth Street and the Easterly side of Minor Avenue, a corner to the property owned by Robert. J Williams III; thence with the Southerly side of Tenth Street, S60°1 15' E45.80 feet to the Northwest corner of parcel two (as described below); thence with the Westerly line of said parcel two S2 29°45' W 175.00 feet to the Southwest çorner of parcel two; thence N 60° 15' W 45.80 feet toa point int the Easterly side of said Minor Avenue; thence with the same, N 29°45'E175.00 Being the same real estate as conveyed to Robert. J Williams III from US Machine, a West Virginia corporation, by deed dated 15!h of September, 2021, of record in the aforesaid Clerk's feet to the beginning, containing 8,015: square feet. office in Deed Book 1292, at Page 672. PARCEL TWO: (Map 6, Parcel 144) BEGINNING at a 12 inch reinforcing rod (set) standing on the Southern right-of- way limits of Tenth Street and: standing as thel Northeast corner toaj parcel conveyed to Fairmont Supply Company by deed recorded in Deed Book 843, at Page 580, said rod standing South 60°15'00" East 45.80 feet from a point standing on the Eastern right-of-way limits of Minor Avenue and as the Northwest corner to Lot No. 20 of Block No. 63 of the Fairmont Development Company' 's Addition; thence with said limits of Tenth Street, South 60°15'00" East 98.62 feet to a track spike (set), said rod stands in the Western limits of the "Fairmont Belt Line Railroad" as conveyed to Fairmont Supply Company by deed recorded in Deed Book 885, at Page 570; thence with: said limits of the "Fairmont Belti Line Railroad", withac curve to the left having a radius of 543.70 feet, an arc of 192.54 feet, and a chord of South 05°46'00" West 191.54 feet to an 1/2 inch reinforcing rod (set), said rod stands as the Northeast corner to the "Pole Yard" as conveyed tol Fairmont Supply Company by deed recorded in Deed Book 857, at page 999; thence with said "Polc Yard" parcel and a parcel conveyed to Wheeling Plumbing and Industrial Supply Company by deed recorded in Deed Book 857, at Page 994, North 60°15'00" West 176.48 feet to a point on a concrete wall, said rod: stands as a corner to said Fairmont Supply Company parcel, North 29°45'00" East 175.00 feet to the beginning, Page 9of11 containing 25,158 square feet or 0.578 acres more or less, as surveyed and as shown onap plat dated. June 5, 1990,said plat was prepared for Konstantinos V.and Shirley K. Seremetis, by Allan J. Witschi, L.L.S. No. 587, for Greenleaf Surveying Company, said plat is of record in the aforesaid Clerk's office in Deed Book 890, Being the same real estate as conveyed to U.S. Machine, Inc., a West Virginia corporation, from Konstantios V. Seremits and Shirley K. Seremetis, by Deed of Correction dated the 10+h day of January, 2017, of record in the aforesaid Clerk's Office in Deed Book 1203, at Page 211. at Page 872. PARCEL THREE: (Map 6, Parcel 169.2) Beginning at at track spike standing on the Southern right-of-way limits of Tenth Street and standing as the Northeast corner to parçel two; thence with a project of the Southern right-of-way line of Tenth Street, S 60° 15' 00" E 20.00 feet to a V inch reinforcing rod; thence with two (2) new division lines, S 03°52'5 50" W 194.49 feet to a Vi inch reinforcing rod; thence N 60° 15'00" W 27.00 feet top a V inch reinforcing rod, said rod stands as the Southeast corner to parcel two; thence with said parcel two, with a curve to the left having a radius of 543.70 feet, an arc distance of1 192.54 feet and a chord ofN05°46' 00"E191.54: feet tot the beginning, containing 3,026square feet, more or less, as shown on a plat of survey by Allan J. Witschi, L.L.S. No. 587, Greenleaf Surveying Company, dated June 5th, 1990, revised September 25th, 1995, and of record in the Office of the Clerk oft the County Commission of Marion Count, West Virgina, in Deed Book 930, at Page 600. Being the: same: real estate as conveyed to. RobertJ Williams III from US Machine, a West Virginia corporation, by deed dated 15th of September, 2021, of record in the aforesaid Clerk's office in Deed Book 1292, at Page 672. All three parcels described above are shown on a plat prepared by Greenleaf Surveying Company dated September 25wh, 1995, and of record in the Clerk's office in Deed Book 930, at Page 600. Page 10of11 EXHIBITB RENOVATION SPECIFICATIONS Scope of Work for Construction includes, but may be amended as agreed upon by the parties: 1. - Building Shell. a. Selective demolition of northernmost structural bay, roofing, damaged roof sheathing, metal wall panels, window units, all equipment, appurtenances, shelving, and electrical systems b. New metal panel cladding New 12'x12' steel overhead sectional garage door and new hollow metal door and Timber roof structure repair as necessary, roof sheathing replacement, installation frame d. Wash bay ofr new single ply roof membrane, edge flashings and stops a. Cleaning and painting of any weathered steel frame b. Mechanical cleaning and grime removal of existing concrete floors Lighting and lighting accommodations d. Utility room, restroom, eyewash sink and water fountain two (2) 90 minute fire rated doors with closures 2. Interiors. Utility room and restrooms shall have two-hour fire rated walls from floor to ceiling in compliance with IBC 2018 706.6 Vertical Continuity requirements and Garage bay on the southern side of the building shall be enclosed via walls and two-hour (2) garage doors to prevent airflow between the warehouse space and the garage for the purpose to retaining heat in the garage a. Addition of radiant gas heater at coordinated location b. New 200 Amp electrical service and distribution including outlets, switches, LED Hose bibb located by man door with interior shut off d. Heat tape shall be placed on the hose bibb line, eyewash station line, and sink water lines located outside of the utility room and restroom a. New heavy duty 8" thick concrete driveway Trench drain with oil and water separator 3. Utilities. lighting, and branch wiring 4. Sitework. b. Drains and retaining walls as necessary, to be determined by Builder d. Fencing as coordinated with city staff along site of future Rail Trail Page 9of9 BOSK 930Pkt 600 5; OLOR RAILROAD GRADE RACK SPIKE STORY BULDING # ADDITION BULDING 114" PIN POINT POLE YARP" FAIRMONT SUPPLY COMPANY TMOIOE 857/999 PMRCEL 1412 RADIUS ARC 543.70 PLAT OF SURVEY FOR MSAMTOIXISRLTAS TATAEE NO GIETRE Areo:23154 FTEEESTAE Tits rel: fi,or 0578 OMTATARIZAMINECE SEREMETIS D.B.A90 P.HER Tox mop. DE0G Parcel 73 Addrss: ZOITHETEARROKT Corporotlon. TARMONT Olstricr TARMONT MARION OMonumant found 01/2" Relof. rod CHORD 505-4600W1IS4 The arlies Inlereried latille 1o Ihe premisis survyed. SEREMETIS parcsl surveyed alorm Iotk flood localed wthin the 100 yor Dicription: zons, ",GOMPANY GREENLEAF SURVEYING EAAEATEETNSS Addilion rl, ALLAN J. VITSCHI, L.L.S. No. 587 Morgantokn Wat Virgialo Scole : Rt2.00 RECEIVED K80 RECCRDINCFEE MELERYT "MAEOAA COUNTY, WEST VIRGINIA. Dole REVISED 05390 226P0 EXHIBITA A r STAMES.3OL STATE OF WEST VIRGINIA, Counly of Merion, To-Wi: Dec27 121FH'95 hereby 1, Janice cenlly that Coso, the Clark oft the County Commision of soid County, do wos thle day produced ton foregelng meln myo waiting, office and with duly certificate admitted thereto ennexed, Witnen my hond. 13268 to record. Soit faoses Clerk 11/14/24, 12:12PM WVF Properly' Viewer Parcel Address Flood Zone Q Search + Search Results 1p parcel(s) found. Click on a record to: zoom in and view its detailed info. # Parcel 0144-0000 Owner IoHh Address 26554 24-03-0006- WILLIAMS ROBERTJ 10THS STI FAIRMONT II Start Over Export as CSV Imagery 0 20 40ft Scale 1:5 564 39.471207, -80.147225 (39.470706, -80.149115 Click on a parcel to view its information tps.hmamapngowpca) 1/1 11/26/24, 10:57AM Sheriff ofN Marion Counly Real Property Ticket 2021-0000008417 Sheriff of Marion County Marion County Real Property Tax) Year: 2021 Ticket: #: 0000008417 District: 03- FAIRMONT CITY Property Owner Account Number: 00003769 Taxpayer I.D.: Property Description 25158 SQFT (0.578AC) 10THST (PLAT 890-872) Map/Parcel: 6/014400000000 Lot Size: Book: 1203 Tax Class: 4 Homestead Exemption: None Back Tax: None Exoneration: None Prior Delinquents: None Special Disposition: None ASSESSMENT: GROSS 37500! 27660 65160 USMACHINE INC C/O WILLIAMS ROBERTJIII 2008 8THS STREET FAIRMONT, WV: 26554 Lending Institution: Acreage: .5800 Page: 211 Assessment Land Building Total NET 37500 27660 65160: TAX (1/2 Year) 959.42 DUE: First Half: none due Second Half: none due Total Due: none due PAYMENTS RECEIVED: First Half Second Half 959.42 .00 14.39 973.81 11/04/2021 Net Discount Interest Total Date 959.42 23.99 .00 935.43 11/04/2021 Please Remit Payment (ifa any) to: Sheriff of Marion Counly POE Box 1348 Fairmont, WV 265551348 Ord call (304)367-5310 with questions. marion.sofiwaresystesystemscom/TICKETAUm7SEARCHP3ATPTYR-20218TPTICK-8417ATPSX-8TPRINT- 1/1 11/26/24, 10:57AM Sheriff of Marion County Real Property Ticket-2 2022-0000008341 Sheriff of Marion County Marion County Real Property Tax) Year: 2022 Ticket#: 0000008341 District: 03-FAIRMONT CITY Property Owner Account Number:00003800 Taxpayer I.D.: Property Description USMACHINE INC C/O WILLIAMS ROBERTJIII 200 8THST FAIRMONT, WV2 26554 Lending Institution: 0.07A AC (3026 SF) 10THS ST (PLAT 930-600) Map/Parcel: 6/0169 0002 0000 Lot Size: Book: 930 Tax Class: 4 Homestead Exemption: None Back Tax: None Exoneration: None Prior Delinquents: None Special Disposition: None ASSESSMENT: 1140 0 1140 Acreage: Page: 596 Assessment GROSS NET 1140; 0 1140 TAX (1/2 Year) Land Building Total 16.97 DUE: First Half: none due Second Half: none due Total Due: none due PAYMENTS RECEIVED: First Half Second Half 16.97i 001 .13 17.10 10/28/2022; Net Discount Interest Total Date 16.97 .00 .13 17.10 04/20/2023 Please Remit Payment (if any) to: Sheriff of Marion Counly PO Box 1348 Fairmont, WV: 265551348 Ord call (304) 367-5310 with questions. maionsolwaresystems-om/TICKETAmISEARCH-3ATPTPR-2P2ATPTCK-SAIATPSX-ATPRINT-1 1/1 11/26/24, 10:56AM Sheriff of! Marion County Real Properly" Ticket- 2024-0000008612 Sheriff of Marion County Marion County Real Property Tax' Year: 2024 Ticket: #: 0000008612 District: 03- FAIRMONT CITY Property Owner Account Number: 00003769 Taxpayer I.D.: Property Description 3PCLS (0.83AC) TENTH & MINOR STS (PLAT 890-872) Map/Parce!: 6/0144.0000.0000 Lot Size: Book: 1292 Tax Class: 4 Homestead Exemption: None Back Tax: None Exoneration: None Prior Delinquents: None Special Disposition: None ASSESSMENT: 13440 31500 44940 WILLIAMS ROBERTJIII 2008THST FAIRMONT, WV26554 Lending Institution: Acreage: Page: 672 Assessment GROSS NET 13440 31500 44940 TAX(1/2 Year) Land Building Total 665.02 DUE: First Half: none due Second Half: none due Total Due: none due PAYMENTS RECEIVED: First Half Second Half 665.02 .00 9.98 675.00 11/25/2024 Net Discount Interest Total Date 665.02. 16.63 .00 648.39 11/25/2024 Please Remit Payment (ifa any) to: Sheriff of Marion County POE Box 1348 Fairmont, WV: 265551348 Or call (304):3 367-5310 with questions. Canbned matonsolfwaresytemson/TOKETAmISEARCH-3ATPTVA-2VPAATPICX-IZAT-1 1/1 ITEM3 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING, APPROVING AND PROVIDING FOR THE ACQUISITION, ESTABLISHMENT AND CONSTRUCTION OF A CERTAIN PUBLIC IMPROVEMENT PROJECT, NAMELY PLEASANT VALLEY WATERLINE REPLACEMENT PROJECT = CONTRACT 1 TO BE FUNDED THROUGH A GRANT FROM THE CITY OF PLEASANT VALLEY; APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN AGREEMENT BETWEEN THE CITY OF FAIRMONT AND THE CITY OF PLEASANT VALLEY DATED DECEMBER 20, 2024; AUTHORIZING AND EMPOWERING THE CITY'S UTILITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT; AND FURTHER PROVIDING THE UTILITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH; RATIFICATION SYNOPSIS By this proposed ordinance, the Council for the City of Fairmont authorizes, approves, provides for, and directs the acquisition, establishment and/or construction of the public improvement project identified in the ordinance title. The cost of the project is to be funded by a grant from the City of This ordinance approves the form of the agreement between the City of Fairmont and the City of Pleasant Valley attached to the ordinance, provides for the execution and delivery thereof, and further authorizes all other actions which may be reasonable and necessary in connection therewith. Pleasant Valley in the amount of $400,000.00. In addition, this ordinance ratifies, confirms, and approves all acts taken by the City of Fairmont or the City of Fairmont Water Board in furtherance of such public improvement prior to the effective date of this ordinance. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING, APPROVING AND PROVIDING FOR THE ACQUISITION, ESTABLISHMENT AND CONSTRUCTION OF A CERTAIN PUBLIC IMPROVEMENT PROJECT, NAMELY PLEASANT VALLEY WATERLINE REPLACEMENT PROJECT - CONTRACT 1 TO BE FUNDED THROUGH A GRANT FROM THE CITY OF PLEASANT VALLEY; APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN AGREEMENT BETWEEN THE CITY OF FAIRMONT AND THE CITY OF PLEASANT VALLEY DATED DECEMBER 20, 2024; AUTHORIZING AND EMPOWERING THE CITY'S UTILITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT; AND FURTHER PROVIDING THE UTILITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH; RATIFICATION WHEREAS, the City of Fairmont and its Water Board propose to provide WHEREAS, the cost of such project is to funded by a grant from the City of Pleasant Valley in the amount of $400,000.00. The terms and conditions of the grant are set out in the attached agreement. No revenue bonds or other for the public improvement project identified in the ordinance title. financing is involved. WHEREAS, West Virginia Code $8-11-3(5) requires that the City of Fairmont provide by ordinance for the construction and acquisition of public improvements. WHEREAS, West Virginia Code $8-11-3(10) requires that contractual agreements with other jurisdictions be authorized by Council by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FOR THE CITY SECTION 1. The Council for the City of Fairmont hereby authorizes, approves, provides for, and directs the construction, establishment, and/or acquisition of a public improvement project, namely, Pleasant Valley Waterline OF FAIRMONT THAT: Replacement Project - Contract 1. The project is to be funded through a grant from the City of Pleasant Valley. The terms and conditions of the grant are set out in that certain Agreement Between the City of Pleasant Valley and the City of Fairmont, dated December 20, 2024, a copy of which is attached hereto and made a part hereof. SECTION2 2. The City's Utility Manager, on behalf of the City of Fairmont, be and is hereby authorized and empowered to act in accordance with law and to do all things reasonable and necessary to provide for the construction, establishment, and/or acquisition of the aforementioned project, including full power and authority to negotiate, enter into, execute, and deliver any and all necessary documents, contracts or agreements, including but not limited to the Agreement Between the City of Pleasant Valley and the City of Fairmont, dated December 20, 2024, and any other documents, which may be necessary and desirable to consummate the transaction authorized herein and otherwise carry out the purpose and intent of this Ordinance, all with such change or changes as the person executing the same may approve, such approval and the propriety and necessity said changes to be conclusively evidenced by the execution and delivery thereof. SECTION 5. All actions heretofore taken by the City of Fairmont or the City of Fairmont Water Board in furtherance of this public improvement prior to the effective date of this ordinance are hereby ratified, confirmed and approved. Passed this the day of 2025. MAYOR ATTEST: CITY CLERK AGREEMENT BETWEEN THE CITY OF PLEASANT VALLEY AND THE CITY OF FAIRMONT This Agreement is made on this aothday of Nevmler 2024, between the City ofPleasant Valley and the City of Fairmont for the Pleasant Valley project; and WHEREAS, the City of] Pleasant Valley is in possession of certain funds allocated toit by the Federal Government, specifically identified as State and Local Fiscal Recovery Funds (SLFRF) as authorized by the American Rescue Plan Act (ARPA); and WHEREAS, the City of Fairmont maintains the water system in the City of Pleasant Valley and has proposed a plan to make repairs to the infrastructure of said system; and WHEREAS, the final plan and specifications for the project are attached to this agreement as exhibits; and WHEREAS, the City of Pleasant Valley and its residents benefit from the objectives of the project; and WHEREAS, funding for this type of project is permitted by the provisions of $31 C.F.R. 35; THE PARTIES HEREBY AGREE AS FOLLOWS: 1. RESPONSIBILITIES OF THE CITY OF PLEASANTVALLEY A. The City of Pleasant Valley is responsible for ensuring that SLFRF funds are used in accordance with all program requirements. The City of Pleasant Valley will provide such assistance and guidance to the City ofFairmont as may be required to accomplish the objectives and conditions set forth in this agreement. 2. RESPONSIBILITIES OF THE CITY OF FAIRMONT A. The City ofFairmont will complete in a satisfactory and proper manner the objectives oft the project. B. The City of Fairmont will keep the City ofl Pleasant Valley informed ofits progress and provide documentation as requested by the City ofPleasant Valley within a reasonable period oft time. 3. TIME OF PERFORMANCE A. The effective date oft this agreement will be the date that the parties sign and complete execution of this agreement and will be in effect for the duration oft the project. the parties. 4. PROJECT DETAILS A. Project Name: Pleasant Valley Waterline Replacement Project - Contract 1 B. Period of Performance start date: Design Complete, ready to bid 02/21/2025 C. Period ofl Performance end date: Construction completed: 08/31/2025 D. Unique Entity Identifier (EUI) from US GSA:LAUGMI9P6AS3 E. Grantee Tax Identification No.: (TIN)55-60000171 F. Project Engineer: Civil and Environmental Consultants, Inc., 120 Genesis Boulevard. Bridgeport, WV 26330, C. Ryan Hawes, E.I., Project Manager, 304-848-7107. 5. SCOPE OF WORK The project includes the design and construction ofa approximately 2, 100 linear feet of abandonment of existing 10-inch cast iron water line and replacement with 12" C-900 PVC water line. The scope of work includes reconnecting approximately 10 customers and two (2) main lines and reconnection oft two (2) existing fire hydrants. Additional tasks include driveway repairs, WVDOHt trenching, road crossings utilizing various construction methods, and the acquisition of rights of way/easement. The project will improve distribution of water to customers including several businesses, a dialysis center, high school, hotels, among others, in the Pleasant Valley, Kingmont, Bentons Ferry and the surrounding territory. In addition, the project will provide improved fire protection and reduce lost water. The project areai is depicted on the map attached. 6.S SCHEDULEC OF WORK Action Proposed Completion Date TBD Design Phase Complete Bids Let Bids Closed Contract Award 02/2025 02/2025 03/2025 03/2025 02/2025 04/2025 08/2025 04/2025-8/2025 08/2025 09/2025 09/2025 10/2025 Field Engineering & Survey Complete Excavation Work Start Date Excavation Work Complete Date Pipeline Installation Dates Final Inspection Punch List Reinspection Final Certification Date 7. CONSIDERATION AND METHOD OF PAYMENT The City of Fairmont has submitted or will submit an estimate/opinion of probable costs associated with the project. The estimate will be incorporated and made aj part oft this agreement. Upon the City ofFairmont'si information and belief, ai materials list has been prepared or will be prepared and incorporated and made part of this agreement. Both the estimate of probable costs and the materials list were prepared in good faith by the project engineer from all information reasonably available. Inc consideration for the work and services to be performed and provided by the City of Fairmont, the City of Pleasant Valley will allocate and pay the City ofFairmont ai maximum amount of] Four Hundred Thousand Dollars ($400,000.00) ("the Funds"). Payment oft the full amount oft the Funds shall be obligatory upon the City of Pleasant Valley. To apply for disbursement oft the appropriate portion of the Funds, the City of Fairmont shall perform the following actions: A. Conduct meetings monthly, or as otherwise warranted, with the project engineer, any contractor, Pleasant Valley City Officials, and any appropriate personnel from the City of] Fairmont; B. Submit applications for payment on a 30-day cycle, or as otherwise agreed to in writing by the parties, using the following procedure: i. Each contractor or consultant performing work shall submit its application to the appropriate representative of the City of Fairmont, along with documentation supporting the application; ii. After completing the internal approval and signature process, the City shall submit to the City of Pleasant Valley an application for payment for the work performed by each contractor or consultant. iii. Upon receipt, revie and acceptance by the City ofl Pleasant Valley, Funds shall be disbursed as appropriate4 for reasonable costs to the City of Fairmont applicable to project related costs. 8. GENERAL CONDITIONS A. General Compliance The City ofl Fairmont agrees to comply with the requirements of all applicable Federal, State and Local laws, regulations and policies, governing the funds provided under this agreement. B. Contractual Relationship Nothing contained ini this agreement is intended to or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The City of Fairmont will at all times remain an independent contractor" with respect to the services to be performed under this agreement. C.F Funding Source Recognition The City of] Fairmont will ensure recognition ofthe receipt of the funds from the City of Pleasant Valley. D. Amendments The City of] Pleasant Valley or the City of Fairmont may amend this agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization and approved by the governing body oft both Cities. Such amendments will noti invalidate this Agreement nor relieve and release the City ofPleasant Valley or the City ofFairmont from its obligation under this agreement. E. Suspension or Termination The City ofPleasant Valley may suspend or terminate this Agreement ifthe City of Fairmont materially fails to comply with any terms of this Agreement which include, but are: not limited to the following: 1. Failure to comply with any oft the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders and other guidelines as may become applicable at any time; 2. Failure, for any reason, of the City of Fairmont to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective ori improper use ofi funds provided under this agreement; or 4. Submission by the City of] Fairmont to the City of Pleasant Valley of reports that are incorrect ori incomplete in any material respect. 9. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1.Accounting Standards -1 the City of Fairmont agrees to comply with the requirements set forth by federal law and the applicable provisions of version 8.0c of the Compliance and Reporting Guidance for the SLFRF and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Duplication of Costs The City ofl Fairmont certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B.] Documentation and Record Keeping 1.The City of Fairmont will maintain all records required by the Federal Regulations specified in the compliance guide referenced above that are pertinent to the activities tol be funded under this Agreement. Such records will include, but not be limited to: I.F Records providing a full description of each activity undertaken; II. Records demonstrating that each activity undertaken meets one of the objectives set forth by the rules and guidelines ofthe SLFRF; III. Records required to demonstrate the eligibility ofactivities; IV. Records required to document the acquisition, improvement, use or disposition ofreal property acquired or improved with SLFRF assistance; V. Financial records as required by Federal, State and Local law; VI. All other records necessary to document compliance with all applicable rules and laws. 2. Access to Records and Retention LAll such records pertinent to this agreement and work undertaken under this agreement will be retained by the City ofl Fairmont for a period of 10 years after the project has been finalized. 3. Audits and Inspections LAlI City of] Fairmont records with respect to any matters covered by this Agreement will bei made available to the City ofPleasant Valley and all duly authorized officials of the State and Local government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. II. Any deficiencies in audit reports must be cleared by the City of Fairmont within 30 days after receipt by the City of] Fairmont. Failure oft the City of Fairmont to comply with the above audit requirements will constitute a violation ofthis agreement and may result in withholding of future payments, ifany. C.R Reporting 1.The City ofFairmont, at such times and in such forms as the City of Pleasant Valley may require, will furnish Pleasant Valley such periodic reports asi it may request pertaining to the work or services undertaken pursuant to this agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this agreement. 10. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights 1. Title VI ofthe Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of1964, noj person will, on the grounds of race, color, creed, religion, sex or national origin, by excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. B. Conduct 1. Assignability The City of] Fairmont will not assign or transfer any interest in this agreement without the prior written consent oft the City ofl Pleasant Valley thereto; provided, however, that claims for money due or to become due to the City of Fairmont from the City of Pleasant Valley under this agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice ofa any such assignment or transfer will be furnished promptly to the City ofl Pleasant Valley. 2. Conflict of Interest No member oft the City of Pleasant Valley'sgoverning: body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out ofthe project, will have any personal financial interest, direct or indirect, in this agreement; and the City ofFairmont will take appropriate steps to assure compliance. The City of Fairmont agrees to abide by all applicable codes and provisions, which may include a written code or standards of conduct that will govern the performance ofi its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. The City ofl Fairmont covenants that its employees have no interest and will not acquire interest, direct ori indirect, in the subject area or any other interest which would conflicti in any manner or degree with the performance ofs services hereunder. The City of Fairmont further covenants that in the performance oft this Agreement, no person having such interest will be employed. .SEVERABIDIY A.Ifany provision oft this agreement is held invalid, the remainder of the Agreement will not be affected thereby and all other parts ofthis Agreement will nevertheless be in full force and effect. 12. PERFORMANCE WAIVER A. The City of] Pleasant Valley's failure to act with respect to a breach by the City of Fairmont does not waive its right to act with respect to subsequent or similar breaches. The failure oft the City of Pleasant Valley to exercise and enforce any right or provision will not constitute a waiver ofs such right or provision. 13.ENTIRE AGREEMENT A. This agreement constitutes the entire agreement between the City of] Pleasant Valley and the City ofFairmont for the use of funds received under this agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the City of Pleasant Valley and City of Fairmont with respect to this agreement. IN WITNESS WHEREOF, the City of Pleasant Valley and the City of Fairmont have executed this agreement as oft the date and year last written below. CITY OF PLEASANT VALLEY By: fasagladduy L Title: Mayoy Date: 1219124 CITY OF FAIRMONT mhla Title: UAllty Mungger Date:_ 12-19-2014 PROJECTLOCATIONA MAP CITY OF FAIRMONT PLEASANTI VALLEY WATERLINE UPGRADE 120Geness Boulenrd EH7 Brdgeport wV 26)30 CwiEnvironmentas) Fh. 3049333119 Consulants. Inc. CITY OFI FAIRMONT FLEASANTYALLEY WATER LINE UPGRADE CECPROJECT NO. 346-355 CITYOFI FAIRMONT PROJECTI NO.FY25-22 DECEMBER: 2024-ARN/SVB OPINION OFF ROBABLECONSTRLCTION COSTOLEASANTVALIEY CONTRIBUTION: $400,000) : Civit & Environmental Consultants,Inc. ITEM NO. DESCRIPTION UNIT QUANTITY UNIT TOTALPRICE PRICE $15,000 $3,000 $20,000 $4 $17,500 $85 $90 $I $7,500 $9,000 $3,000 $3,500 $3,000 $4,500 $8,000 $1,000 $500 SUBTOTAL! TOTALI USE MaliratiouDemohination 2 Preconstruction Video] Recording 3 Traffic Control 4 Restoration ofl Disturbed Area 5 Erosion and Sedimentation Controls 6 WVDOH Type" "B" Trench Repair LS LS LS LF LS LF LF LB EA EA EA EA EA EA EA EA EA $15,000 $3,000 $20,000 $8,800 $17,500 $15,300 $198,000 $1,000 $15,000 $9,000 $3,000 $3,500 $30,000 $22,500] $16,000 $2,000! $500 $380,100 $38,010 $418,110 $419,000 2,200 180. 2,200. 1,000 2 7 12" AWWA C900 DR 14 (Pressure Class 305 PSI) PVC Water Line 8 Fittings and Concrete Thrust Blocks Not Showni in Drawings 9 Tie-In) New 12" Water Line to Existing 6" Wateri Linel Including One (I)6" 10 Tie-In New 12" Water Linet tol Existing 8" Water Line Including One (1)8" Gate Valve Gate Valve 11 Cut and Plug/Cap Existing 6" Water Line 12 Cut and Plug/Cap Existing 8" Water Line 13 Existing Water Meter Setting Reconnection 14 12" Gate Valve 15 Fire Hydrant Assembly 16 Fire Hydrant Removal Per Detail 17 Gate Valve Demolition Per Detail 10: 5 2 2 10% CONSTRUCTION CONTINGENCY ITEM 14 One councimember Appointment Convention and Visitors Bureau of Marion County Term to End December 31, 2026 ITEM5 One Councilmember Appointment Planning and Zoning Commission Term To End When Council Term Expires ITEM 16 One Councimember Appointment Fairmont Audit Committee TWO-Year Term To End January 10, 2027 ITEM7 One Councilmember Appointment Marion County Rescue Squad Three-Year Term To End December 31, 2027 ITEM8 One councimember Appointment Staff TIF Advisory Committee Term To End When Council Term Expires ITEM9 FAIRMONT VIRG CITYOFFAIRMONT City Manager's Office 200Jacksen St., RO: Box 1428 Fairmont, WV26555-1428 Telephone (304) 366-6212, Ext. 315 Fax (304-366-0228) wwwfaimmentwygex BOARD. AND COMDISSONAPPLICATION By completing fhis form, you are: indicating your intérést to: serve on a city board, commission committee. The Fairmont City Council and/or the City Manager make the appointments. AlI or appointments remain at the discretion of the City Council and/or the City Manager. This applicationi is aj public document and will be on file for two.(2) years. Name: Jamie Greene Address: Phone: (ynla Email Occupation.. (w)n/a Employer: Dos you reside int the City Limits of Fairmiont? 4 Yes No ifyes, howl long! Education: Degrees/Majors: Other skills: Elementary High School College Graduate Certification or other vdcational training: Volunteer experience and other community: involvement (give dates) (If additional spaçe is required, please attach a separate sheet of paper.) Ifyou are appointed, could you méet: Morning Afternoon .Evening What do you feel you can contribute to the community that may not be already on this form? evident fromi information Please check three (in order of preference i.e. 1,2,3)ofthe Committees for which you wouldlike tol be considered for City Boards, Commissions and appointment Arts & Humanities Commission Board of Zoning Appeals Fairmont Airport Authority Faimont. Audit Committeé Fairmont Building Commission Fairmont Ethics Board Fairmont Parking Authority Faimmont Parks Commission Fairmont Sanitary Sewer Board Fairmont Water Béard aimoAiupmoalaua. Paimiont-Marion Fire Civil Service Transit Commission Authority Historic Landmarks Commission Historic Preservation! Réview Commission ICCI Board of Appeals Marion Co. Board of Health Marion Co. Conyention & Visitors Bureau Marion Co. Parks & Recreation Commission Marion Co. Publie Library Trustée Board North Central WV Community. Action Board Personnel Appeals Board Planning & Zoning Commission Police Givil Service Commission Region ViArea Council onAging Comm. Safety Review Board Urban Renewal Authority Auth. Whichl boards have/are you serving on? Planning & Zoning Commission Please. list three individuals in the city who mhay be contacted appointment. Name whenconsidering: you for an Address Phoné (please specify day/evening) Tared B.Gteene eg Signature Date