A meeting of the Fayette County Board of Commissioners was held at 10 a.m. on Thursday, April 17, 2025, at the meeting room of 2 West Main Street, Uniontown PA. In attendance- Commissioner Chairman Scott Dunn Commissioner Dave Lohr Commissioner Vince Vicites Chief Clerk Amy Liston County Solicitor Jack Purcell Commissioner Dunn welcomed everyone to the meeting at approximately 10 a.m. He asked all to stand for a silent prayer, which was followed by the recitation of the pledge of allegiance. He said prior to public comment the commissioners were going to present proclamations. Proclamations Commissioner Vicites read the proclamation for Cerebral Palsy Awareness Day and Honoring Miss Chloe Rimbey- March 25, 2025. Chloe's mother thanked the commissioners and spoke about her daughter. Brandon Dujmic of Pennsylvania One Call System, Inc. spoke about Pennsylvania 811 Safe Digging Month- April 2025. Commissioner Dunn read the proclamation for Denim Day - April 30, 2025. Mary Hyduk gave the history of the observance. Commissioner Lohr read the proclamation for Student Poll Worker Appreciation Day. A total of 13 student poll workers were recognized by Election Bureau Director Marybeth Kuzniak. Commissioner Dunn read the proclamation for Mental Health Awareness Month- May 2025. A representative from Fayette County Behavioral Health Administration thanked the commissioners for the proclamation. Commissioner Lohr read the proclamation for Motorcycle Safety Awareness Month- May 2025. A representative of Fayette County ABATE accepted the proclamation. Commissioner Vicites read the proclamation for Small Business Week in Fayette County- May 4-10, 2025. Commissioner Dunn read the proclamation for Economic Development Week in Fayette County- May 11-17, 2025. Mark Rafail spoke about events that are planned for the week. Public Comment on Agenda Items- Prior to accepting comments, Commissioner Dunn outlined the rules of public comment. During public comment on agenda items, more than a dozen people spoke on topics such as the solar ordinance, both in favor and against, in support of the Sheepskin Trail, and in support of a trail at German-Masontown Park. A question was asked about the county accepting federal prisoners at the county jail. Controller Robb Rhodes presented the following financial condition of the county. 2 Office of the Controller Fayette County, Pennsylvania Phone 724)430-1217 ROBERT P. RHODES Fax (724)430-1366 Controller April 17,2025 DATE GENERAL FUND General Ledger $ 5,581,201.34 Cash Balance $ 6,000,000.00 TRAN Tax Anticipation Note 56,987,995.14 Budget 2025 Revenue: YTD S 12,416,863.26 %F Received 21.79% Budget $ 55,095,085.53 2025 Expenditures: YTD $ 17,035,929.24 % Used 30.92% DUE TO GENERALI FUND $ Payroll Payments Due to General Fund -LF $ 7,672,817.08 Payroll Payments Due to General Fund CYS $ 750,000.00 Loan Payable Due to General Fund CYS CYS Current Cash Bolonce =$ 159,122.35 $ 8,422,817.08 TOTAL ACT: 13 MARCELLUS SHALE FUND/FUND 13 $ 107,133.06 Cash Balance Unconventional Wells Account $ 39,512.34 Cash Balance Legacy Account 2,022,632.73 Cash Balance Bridge Department Account CAPITAL RESERVE FUND/FUND 51 $ 56.978.88 Cash Balance . UNIONTOWN, PENNSYLVANIA 15401 FAYETTE COUNTY COURTHOUSE . 61 EAST MAIN STREET 3 Fayette County Redevelopment Authority Chief Clerk Liston read the agenda items. A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a Cooperation Agreement between the County, the Redevelopment Authority, and the Scouting America Laurel Highlands Council related to the administration of funding received through the Commonwealth of Pennsylvania Redevelopment Assistance Capital Program (RACP). Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve an amended Cooperation Agreement between the County and the Redevelopment Authority related to the administration of funding received through the Commonwealth of Pennsylvania Redevelopment Assistance Capital Program (RACP). Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Adult Probation Office A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve an amendment to a contract between Fayette County Adult Probation Office and BI Incorporated to include the cost of the electronic monitoring to be charged to the offender as follows at no cost to the county: LOC8XT Standard Service - A total of $3.45 daily (Paid for by the offender) LOC8XT Enhanced Monitoring = A total of $3.95 daily (Paid for by the offender) This enhanced service would include offenders contacting a monitoring center to request schedule changes, which would allow officers to focus more on other their other daily job duties. The contract extends through December 7, 2025. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Behavioral Health Administration 4 A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the following contracts and modifications. Contract Value Period HealthChoices Professional Service Agreement 2025 East End United Community Center $48,472.00 01/01/25-12/31/25 Fayette County Community Action Agency, Inc. $86,663.90 01/01/25-1231/25 Fayette E.M.S. Special Services Co. $49,898.00 01/01/25-12/31/25 Modification Agreement #1 2024-2025 Authentic Perspectives Psychological & $3,200.00 07/01/24-06:3025 Consulting Services, LLC Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Building and Grounds A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to advertise for bids to strip and wax floors in the courthouse. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Children and Youth Services A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to ratify a FY2023-24 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and The Bair Foundation of Pennsylvania, 2550 Kingston Road, Suite 202, York, PA 17402 for foster family placement services on an as needed basis. The rates per day are as follows: Initial Clothing - $250.00 Rate/day BA - Supported Enhancement FC/KC $ 89.06 BB - Medically Needy Level 1 $ 74.97 BI - Medically Needy Level 2 $ 74.97 BC - Medically Needy Level 3 $ 80.12 BK - Medically Needy Level 4 $ 89.36 5 BD - Lower Lever FC/KC, Ages 0-12 $ 77.47 BL - Lower Lever FC/KC, Ages 13-21 $ 82.75 BE - Supported FC/KC Young Parent Non-Dependent Infant $ 103.34 BS - Treatment Foster Care, Ages 0-12 $ 175.00 BT - Treatment Foster Care, Ages 13-21 $ 175.00 Mileage reimbursement per the IRS rate. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2024-25 Purchase of Service Agreement Addendum between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation, and LifeSpan Family Services of PA, 203 Lane Avenue, Punsxutawney, PA 15767, for ICPC Services to include Home Study, Adoptive Home Study, and Support of Licensed ICPC Home. The rates are as follows: Completed Home Study and Approval of Home $2 2,500.00 Completed Adoptive ICPC Home Study $3 3,000.00 Conversion of Foster Home Approval to Adoptive Home Study $ 500.00 Completed Adoptive Home Study $ 500.00 Work Associated with Home LFS unable to approve Monthly Support ofLicensed ICPC home $ 10.00/day Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Cayuga Home for Children, Inc. dba Cayuga Centers, 101 Hamilton Avenue, Auburn, NY 13021 for trauma therapy services on an as needed basis. The rates are as follows: Program: Community Aftercare and Stabilization Services Rate: $15 per 15-minute unit of service = $60 per hour of service Services billed will be direct services units spent face to face with a client, telehealth therapeutic sessions or virtual clinical case consultation supports call. Commissioner Dunn yes Commissioner Lohr yes 6 Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2024-25 Purchase of Service Agreement Addendum between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Corporate Security and Investigations (CSI), 3645 Brodhead Road, Monaca, PA 15061 for Family Finding and Engagement Services. The services include record reviews, background search, engagement interviews with all identified individuals, development of genogram and family finding reports, mailing of fostering connections letters, and collaboration with child welfare. Any work beyond twenty (20) service hours per referral will not be conducted without prior approval by a member of agency management, i.e., Administrator, Deputy Administrator, Program Specialist Supervisor. The rate for this service is $113.30 per hour. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2024-25 Purchase of Service Agreements between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and The Bair Foundation of Pennsylvania, 2550 Kingston Road, Suite 202, York, PA 17402 for foster family placement services on an as needed basis. The rates per day are as follows: Initial Clothing - $250.00 Rate/day BA - Supported Enhancement FC/KC $ 91.56 BB = Medically Needy Level 1 $ 74.97 BI - Medically Needy Level 2 $ 74.97 BC - Medically Needy Level 3 $ 80.12 BK - Medically Needy Level 4 $ 89.36 BD - Lower Lever FC/KC, Ages 0-12 $ 79.67 BL - Lower Lever FC/KC, Ages 13-21 $ 85.08 BE - Supported FC/KC Young Parent Non-Dependent Infant $ 106.19 BS - Treatment Foster Care, Ages 0-12 $ 175.00 BT - Treatment Foster Care, Ages 13-21 $ 175.00 Mileage reimbursement per the IRS rate. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes 7 Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2025-26 Purchase of HIPAA Business Associate Agreement Addendum supplements and is made part of the agreement between the County of Fayette, through Fayette County Children & Youth Services and Avanco International, Inc., 12685 Wiltonshire Drive, Clifton, VA 20124, for child accounting and profile system application service provider agreement relating to privacy and security services. There is no change to the cost of this service. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2025-26 Addendum for Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services, and Avanco International, Inc., 12685 Wiltonshire Drive, Clifton, VA 20124, for a business agreement for Consulting and Ad Hoc IT Services and Support. The rates are as follows: Research Analyst $ 54.50/hr Junior Programmer $ 65.40/hr Junior Programmer Analyst $ 73.00/hr Programmer Analyst $ 76.20/hr Senior Programmer Analyst $ 78.70/hr Developer $ 92.50/hr Senior Developer $ 111.20/hr Project Director $ 125.00/hr Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2025-26 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services, and Avanco International, Inc., 12685 Wiltonshire Drive, Clifton, VA 20124. CWIS 2.0 Upgrades. Upgrades include the following services: reports, research findings, project design specifications, anticipated training requirements, infrastructure status and estimated target dates, schedules and critical checkpoints and deliverables. The total cost of CWIS 2.0 Upgrades is $350,000.00 and is shared by all CAPS counties. The cost has been proportionaly allocated across counties based on the number of users in each county compared to 8 the total number of CAPS users. The cost of the CWIS 2.0 Upgrades for Fayette County is a fixed price of $ 6,351.15. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2025-26 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services, and Avanco International, Inc., 12685 Wiltonshire Drive, Clifton, VA 20124, for child accounting and profile system application service agreement relating to support services. The cost for this service is $11,152.19 per quarter. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a FY2025-26 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services, and Avanco International, Inc., 12685 Wiltonshire Drive, Clifton, VA 20124 for AFCARS Upgrade and Maintenance. The rate is as follows: The cost ofthe. AFCARS Upgrade and Maintenance is shared by fifty-eight CAPS counties. The cost has been proportionally allocated across counties based on the number of users in each county compared to the total number ofCAPS users. The total cost ofthe AFCARS Upgrade and Maintenance is $290,000.00. The cost oft the AFCARS Upgrade and Maintenance for Fayette County is a fixed price of$5,133.97. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to purchase 1 Privacy Film Roll 60"x25' Frosted White S-18275 at a cost of $233.00, 24 Economy Folding Chairs-Black H-2234BL at a cost of $25.00 each, 4 Plastic Stackable Chairs-Black H-5678BL at a cost of $70.00 each, 1 Classic Café Table 42" Diameter- Black H-6268BL at a cost of $260.00, 5 Economy Folding Tables 60x30" White H- 9 2749FOL-W at a cost of $105.00 each, 4 Pneumatic Adjustable Height Desks 48x24" Gray H-10242GR at a cost of $355.00 each, and 1 Downtown Reception Desk 72x30" Gray H-9752 at a cost of $825.00 for a total cost of $4,133.00. This purchase is through Uline and will be 100% funded through the Fayette County Plans of Safe care grant. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Human Resources CENTRAL DEPARMENT A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to ratify the hiring of Alma Lucas, Part Time Clerk, Non-unon,12.0mouz effective March 24, 2025. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to ratify the hiring of Kathy West, Part Time Clerk, Non-unon.i2.00mou: effective March 24, 2025. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to ratify the hiring of Rita Wolinski, Part Time Clerk, Non-unon.i2.0nou: effective April 7, 2025. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to ratify the hiring of Karla Sabec, Part Time Clerk, Non-Union,12.00nmou, effective April 7, 2025. 10 Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously CYS A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the separation of employment of Tyrissa Betters, Case Aide I, effective March 24, 2025. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the retirement of Valerie Brewer, Caseworker II, effective March 28, 2025. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to ratify the voluntary demotion of Lorena Watson to Caseworker II, SEIU-CYS, $26.77/hour ($52,201.50 annually) effective April 1, 2025. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to ratify the hiring of Dalton Yourich, Caseworker I, SEIU-CYS, $24.04/hour ($46,878.00 annually) effective April 7, 2025. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously EMA 11 A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the separation of employment of Marcus Fenton, Dispatcher Trainee, effective March 21, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to ratify the promotion of William Lowden to Part Time Dispatcher I, SEIU, PG 10, Step SR, $21.31/hour, effective March 24, 2025. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the promotion of Andrew Kelly to Planner/Trainer Officer, SEIU-EMA, PG 17, Step A, $28.20/hour ($58,656.00 annually) effective April 21, 2025. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously FACT A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the resignation of Katharine Fletcher, Transportation Information Specialist, effective April 11, 2025. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to ratify the separation of employment of Tammy Weaver, Fact Driver, effective April 7, 2025. Commissioner Dunn yes 12 Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the promotion of Ken Lowery to Full-Time Non-CDL Driver, PG 12, Step A, SEIU, $19.39/hour, ($37,810.50 annually) effective April 21, 2025. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously FCBHA A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve Ratification of the hiring of Ashley Wellington, MH Program Specialist 1, Non- Union, PG 39, Step MM, $29.62/hour ($57,759.00 annually) effective April 7, 2025. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Office of Human and Community Services/FACT A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the 2025-26 Fayette County Office of Human and Community Services Assurance of Compliance to be used with their 2025-26 Human Services Development Fund and Homeless Assistance Program Provider Contracts. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve Kelly Bradigan, FACT Operations Manager, to be designated as an alternate FACT employee (alternate to and in the absence of Rudy Dutko, Director) as authorized to access the Federal Transit Administration's (FTA) Electronic Award Management System to execute the annual Certifications and Assurances issued by the FTA, to execute all FTA awards on behalf of Director Dutko, thus, binding the AppicanuRecipients compliance with FTA's requirements. 13 Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the Bed Bug Policy for the Fayette County Office of Human and Community Services, Fayette Area Coordinated Transportation as presented. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Office of Tax Services A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the attached resolution granting the authority of the Tax Services Director, Rebecca Cieszynski, to authorize, make, acknowledge and sign deeds of any real estate belonging to the county which they are authorized to sell by resolution of the board. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously TAX CLAIM A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the following Repository Bids opened on April 1, 2025 subject to all conditions being met. Total bid amount is $2,554.12. Parcel Twp/City/Boro Bidder Amount 25-58-0044 North Union Deon Grier $1,964.12 02-07-0200 Brownsville Deon Grier $590.00 Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Planning, Zoning and Community Development 14 A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve ZA 24-01, Amendment to the Zoning Ordinance for the inclusion of Utility- Scale Solar Facilities. This Ordinance would provide regulation for Utility-Scale Solar Facilities and serves to amend the Fayette County Zoning Ordinance. The proposed amendment addresses definitions, solar facility application and procedures, general design and installation standards, decommissioning. coordination of local emergency services, among other requirements. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Dunn to consider approval to bid the purchase of two (2) bridges for the Sheepskin Trail in Uniontown section of the trail using the specifications of U.S. Bridge. Bridge #1 South Bridge 64' Length and 11' deck width in an estimated amount of $46,500.00. Bridge #2 Middle Bridge 80' Length and 12' deck width in an estimates amount of $56,718.00. The Sheepskin Fund was established (Fund 44) and stated funds were dedicated to the Sheepskin Trail project and this specific procurement is coming from that source. (This is not general fund money.) Commissioner Dunn yes Commissioner Lohr no Commissioner Vicites yes Motion passed 2-1 A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to consider approval of a Project Modification Request grant proposal with Grant ID 44220 to the Pennsylvania Commission on Crime and Delinquency for the Fayette County Public Defender's Office which is a supplemental grant in the amount of $101,777.00 and extends their current Indigent Defense Grant Program until December 31, 2026. There is no match requirement. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Dunn to consider approval of a grant proposal to the Commonwealth of Pennsylvania's Greenways Trails and Recreation Program for acquisition services & land purchase of 15 the Sheepskin Trail from South Union Township to Fairchance Borough, Fayette County. Total project cost is $237,500.00. Grant amount requested is $201,875.00 and match amount is $35,625.00. (LSA grant to be utilized to meet match obligation.) Commissioner Dunn yes Commissioner Lohr no Commissioner Vicites yes Motion passed 2-1 A motion was made by Commissioner Vicites and seconded by Commissioner Dunn to consider approval of a grant proposal to the Commonwealth of Pennsylvania's Greenways Trails and Recreation Program for design of a trail around Fayette County's German-Masontown Park. The grant request is $169,133.18 with a required match of $29,847.03. Total project cost for this development project is $198,980.21. (The reason for initiating this project is that it is a result of the Master Site Plan completed for GM-park and the people from this area of the county ranked building a trail as a high priority.) Commissioner Dunn yes Commissioner Lohr no Commissioner Vicites yes Motion passed 2-1 A motion was made by Commissioner Vicites and seconded by Commissioner Dunn to consider ratification of change order #1 for construction of the detached 1-mile section of the Sheepskin Trail southern extension in Springhill Township, Fayette County. The amount is $33,942.98. DCNR has approved this change order, which was funded by a previous change order. Commissioner Dunn yes Commissioner Lohr no Commissioner Vicites yes Motion passed 2-1 Public Defender A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to consider adoption of the 2025 Federal Poverty Guidelines at 100 percent, as listed. Yearly Monthly 1. $15,650 $1,304 2. $21,250 $1,763 3. $26,650 $2,221 16 4. $32,150 $2,679 5. $37,650 $3,138 6. $43,150 $3,596 7. $48,650 $4,054 8. $54,150 $4,513 For family units over 8 people, add the below amounts shown for each additional person. $5,500 $458 Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Commissioners A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the March 20, 2025 commissioners meeting minutes. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a resolution authorizing submission of grant application to the Pennsylvania Municipal Assistance Program, as attached. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the purchase of natural gas delivery services from Enspire Energy, 350 West 22nd Street, Suite 101, Norfolk, VA 23517, at a rate of $5.10 per Dth for the period of June 1, 2025 to April 30, 2028, as attached, per solicitor approval. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously 17 A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve the purchase of electric power services from WGL Energy Services, 436 7th Avenue, Suite 225, Pittsburgh, PA 15219, at a rate of 9.041 cents per KWh hour effective with the May 2025 meter reading date for 36 months ending in May, 2028, as attached, per solicitor approval. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to enter into an agreement with Chrislynn Energy to provide look back services for potential over payments of PA state sales tax effective immediately with final contract approval of the solicitor of Fayette County. There is no fee for this service. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to ratify a professional service agreement with Paul Pato effective April 14, 2025 at a rate of $22.49 per hour, as attached. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to approve a utility pole easement on county owned property (parcel 15-14-0092-04) for Chestnut Valley Biogas, LLC of Canonsburg, PA and First Energy Pennsylvania Electric Company, as proposed and attached, and authorize the Chief Clerk and/or Commissioners to execute the same. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously 18 A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to ratify the following transfers that occurred in the 2025 budget from March 24, 2025 to April 9, 2025. Department Cost Center Debit Credit Building and Grounds Contingency 01417952910 $85,000.00 Utility cost old jail 01417453612 $85,000.00 Human Resources Contingency 01417952910 $1,560.00 Software Training 0141555231915 $1,560.00 Parks Contingency 01417952910 $365.00 Telephone 01455053200 $365.00 Sheriff Contingency 01417952910 $1,000.00 Liability Insurance 01417952400250 $1,000.00 Uniforms 0141970552735 $2,000.00 Equipment 0141970552300 $2,000.00 Total Debits $89,925.00 Total Credits $89.925.00 Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to enter into a contract with the U.S. Department of Justice to house federal prisoners at the Fayette County Jail at a rate of $96 per day, subject to approval of the Fayette County Prison Board, as attached. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Vicites and seconded by Commissioner Lohr to enter into a lease agreement with AMJ Real Estate Holdings of 1165 National Pike, Uniontown PA 15401 for a location at 1176 National Pike, Hopwood PA 15445 for Magisterial District Judge Office 14-2-01, effective October 1, 2025, as attached. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes 19 Motion passed unanimously Public Announcements- Saturday, May 10, 2025 is the 33rd year for letter carrier Day of giving and all were asked to donate canned goods to their letter carrier on that day. Public Comments- After the commissioners commented about trails with Commissioner Dunn saying there are positives with building trails and tourism and Commissioner Lohr saying he isn't against trails, he is against the cost of them, numerous people spoke about an Air B&B that is operating without a license. Several neighbors in the community of Merritt Manor said the business wasn't given approval and they were told nothing could be done. The neighbors said it is a pristine neighborhood and it is a nuisance. Steven Wiltrout, part of the family that owns the business- Splitting the Distance, said he isn't trying to be a nuisance, they are selective about who stays there. He said he doesn't want to destroy the neighborhood. Adjournment A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to adjourn the meeting. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously 20 BOARD OF COUNTY COMMISSIONERS COUNTY OF FAYETTE COMMONWEALTF OF PENNSYVLANIA RESOLUTION of 2025 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF FAYETTE, COMMONWEALTH OF PENNSYLVANIA, AUTHORIZING THE TAX SERVICES DIRECTOR TO EXECUTE, ON BEHALF OF THE COUNTY AND THE BOARD OF COMMISSIONERS, CERTAIN TAX SALE DEEDS FROMTHE COUNTY ISSUED BY ACTION OF THE TAX CLAIM BUREAU. WHEREAS, pursuant to the Real Estate Tax Sale Law, 72 P.S. SS 5860.208, 5860.608, 5860.615, 5860.627, 5860.642, and 5860.702 the Tax Claim Bureau and its director are tasked and charged with preparing and executing, in the name of the Tax Claim Bureau, as trustee grantor, various deeds to purchasers resulting from various tax sales; WHEREAS, to expedite and create an efficient process for the execution of such deeds on behalf of the County, the Board desires to authorize and delegate limited authority to the Tax Services Director, as Director of the Tax Claim Bureau, to sign such deeds; and WHEREAS, pursuant to Section 509(a) of the County Code, 16 Pa.C.S.A. S 12509, related to Ordinances and Resolutions, the commissioners may adopt resolutions and ordinançes prescribing the manner in which powers of the County shall be carried out and generally regulate the affairs of the County. NOW, THEREFORE, BE IT RESOLVED AND ORDAINED by the Board of Commissioners of the County of Fayette, Commonwealth of Pennsylvania, and it is hereby resolved and ordained as follows: Section 1. The Board of Commissioners hereby grants, assigns, and delegates to the Tax Services Director, as Director of the Tax Claim Bureau, the authority to execute and sign deeds, on behalf of the County and its Tax Claim Bureau, conveying and granting property and/or property interests from the Tax Claim Bureau, as trustee grantor for property owners of record, to purchasers as a result of any upset, judicial (free and clear), and repository sales, as provided pursuant to the Real Estate Tax Sale Law, including, without limitation, 72 P.S. SS 5860.208, 5860.608, 5860.615, 5860.627, 5860.642, and 5860.702. Section 2. The Board of Commissioners hereby acknowledges that the current Tax Services Director, and Director of the Tax Claim Bureau, is Rebecca L. Cieszynski and that she shall have and is expressly authorized to exercise such signatory authority on behalf of the County: (i) upon approval of such sales and corresponding conveyances by the Board of Commissioners; (ii) only during the term of her office; (iii) in such official capacity as Tax Services Director; (iv) lawfully and in accordance with the County Code and the Real Estate Tax Sale Law; (v) as may be required in the performance of her office; and (vi) in accordance with any subsequent limitations or restrictions imposed by the Board of Commissioners thereon. Section 3. This Resolution may be amended, modified, superseded, and/or rescinded by subsequent action of the Board of Commissioners at any time. ADOPTED by the Board of Commissioners this day of 2025. BOARD OF COMMISSIONERS OF1 THE COUNTY OF FAYETTE, COMMONWEALTH OF PENNSYLVANIA BY: Scott Dunn, Chairman Vincent A. Vicites, Vice Chairman Dave Lohr, Secretary ATTEST: Amy Liston, Chief Clerk 1, Amy Liston, duly qualified Chief Clerk of the County of Fayette, Commonwealth of Pennsylvania, hereby certify that the foregoing is a true and correct copy of a Resolution duly adopted by a majority vote of the Board of Commissioners of the County of Fayette at a regular meeting held and said Resolution has been recorded in the minutes ofthe County of Fayette and remains in effect as of this date. Certified: Amy Liston Chief Clerk, Fayette County ATTACHMENT A RESOLUTION RESOLUTION AUTHORIZING AN APPLICATION TO THE PENNSYLVANIA MUNICIPAL ASSISTANCE PROGRAM RESOLUTION NO. COUNTY OF FAYETTE, PENNSYLVANIA WHEREAS, the County of Fayette, Pennsylvania, will be undertaking a project to carry out its comprehensive initiative called Planning for a Strategic Vision; and WHEREAS, the Pennsylvania Department ofCommunity and Economic Development makes available grants-in-aid to such projects through the Municipal Assistance Program; NOW THEREFORE BE IT RESOLVED that the Fayette County Commissioners of The County of Fayette, Pennsylvania, hereby authorize submission of an application to the Municipal Assistance Program; and BE IT FURTHER RESOLVED that the Fayette County Commissioners of the County of Fayette, Pennsylvania, hereby commit municipal resources in the amount of$33,327 as match for said project. Adopted by the Fayette County Commissioners of Fayette County, Pennsylvania, this day of 2025. ATTEST: COUNTY OF FAYETTE, PENNSYLVANIA Amy Liston, ChiefClerk Scott Dunn, Commissioner Chairman ENSPIRE energy ) EXHIBIT A: CONFIRMATION OF NATURAL GAS SALE DATE: March 25, 2025 This Confirmation confirms thet terms set by the Parties' Primary Agreement executed March 25, 2025 The provislons within the confimation! letter shall be conclusively deemed accurate and complele to the extenti itis not objected 10, verbally and in writing, wihin forty-eight (4B) hours of receipt. Seller: Enspire Energy. LLC Buyer: County 61 East ofFayette Main Address: 350 W. 22nd Streel, Suite 101 Address: Uniontown, PA St 15401 Norfolk, VA 23517 Contact: Mary Hensley Contect: Counly Robb Rhodes Controller Tille: Director dfMarketing Phone: Tile: 724-430-1200 Phone: 757-963-9123 Fax: Fax: 757-963-9133 Emeil: Email: mMasppemphnenp.con Contracted Price: $5.10 per Dih Delivery Period: June 1, 2025 April 30. 2028 (35m) Gas Service: Firm, 100% swing Delivery Point: Citygate of Columbia Gas of Pennsyivania Contracted Volume: Monthly volumes will be divided by the number of days in that month to determine daily volumes. January: 1.044 May: 233 September: 197 February: 957 June: 194 October: 266 March: 409 July: 155 November: 334 April: 354 August: 178 December: 877 Special Provisions: 1. Seller will perform all functions necessary tor nominate and deliver gas tot the Buyer's bchind delivery the utility. paint. Buyer willl be in Seller's aggregation pool for nomination and balancing purposes 2. Seller will deliver 100% of Buyer's nstural gas requirements for Buyer's facility. Pricingi includes basis 100% swing, which means all natura! gasr requiredy willl be priced at the above contracted! NYMEX plus price. Shouldt the Buyer hedge the NYMEX price, the 100% swing willo only apply to the basis portion NYMEX ofthe deal, and the commodity price used for the swing volumes outside of the volumes hedged willl bet thel settlement price fort that month. However, should thel Buyer haveas shutdown thate exceeds more than 14 consecutive days, or ifthel Buyer shuts/ cioses this location, ,or chooses tonot use Seller's natural gas for the economic reasons, then these circumstances are outside ofthe 100% swing, andi the liquidation costs per Primary Agreement will apply. 3. Should the utility callagas curtailment or restriction, Seller will notify Buyer as soon information as reasonably should possible. During periods of restriction, Seller may require Buyert to provide daily usagei in itbe unavailable from the utility. hist the Buyers responsibility to notify Seller ofany changes requirements during periods ofr restriction so that Seller cand deliver additionalvolumes above the daily contracted volume. Should Buyer not notify Seller ofa change in requirement duringa restriction, then Selle's liability fory penalties willl be limited tor under delivery oft the contracted daily volumes. 4. Any LDC charges, surcharges, statea and local taxes, or Gross Receipts taxes are not included in the Contract Price and will be passed through to Buyer on penny-for-pennyl basis as incurted. Sipned and Accepted By: LLC Buyer: County ofF Fayette Seller: Enspire Energy. By: By: Namer Robb Rhodes Name: Mary Hensley Title: County Controller Title: Director of Marketing Date: Date: 3/25/2025 Please sign and fax to (757) 963-9133. ENSPIRE energy-. ENSPIRE ENERGY, LLC PRIMARY AGREEMENT FOR THE PURCHASE & SALE OF NATURAL GAS This "Primary Agreement" for the Purchase and Sale of Natural "Gas" is entered into between Enspire Energy, LLC ("Enspire", "Seller"), and the Purchaser ("Buyer"),jointly referred to as "Parties", entered into March 25, 2025. SELLER BUYER Legal Business Name Enspire Energy, LLC County ofl Fayette Contact Mary Hensley Robb Rhodes Title Director ofl Marketing County Controller Address 350 W: 22md St, Suite 101. 61 East Main St. Norfolk, VA 23517 Uniontown, PA 15401 Telephone / Fax 757-963-9123/ 757-963-9133 Phone: 724-430-1200 Fax: 1) Primary Agreement and Confirmation(s): The Primary Agreement tems mpply to all natural "Gas" salcs, as specified by the "Canfimation(s)". The Confirmation is the controlling document when a conflict arises between the Primary Agreement and the Confirmation. Concurrently, the Primary Agreement and all Confirmations form a solitary, integrated "Agreement" between the Parties. Each Confirmation shall constitute a transaction's specific terms andi is only binding afier both Buyer and: Seller sign it. 7) Contract Quantities & Contrset Price: Seller will deliver, and Buyer will take dclivery of, at a constant flow rate, the Gas "Contract Quantities" at the "Delivery Point" specified in the Confirmation. Variations in daily Contract Quantities delivered and received are allowed when such variations are agreed to by both Parties, and! by the transporting entities without penalvy, and so Jong as monthly Contract Quantities are maintained. Buyer will use the Gus only at the listed "Service Locations", and will not reseil the Gas or UBE it at other locations without Seller's written consent. Buyer will pay Seller the Confirmation "Contract Price" terms. 3) Service Implementation: "Firm" means Buyer or Seller may not interupt service without liability unless such interruption is due to Force Majeure. If Seller is required by Buyer's "Uility" to curtail or alter Gas deliverics to Buyer under Confirmation, completely or in part, Seller will direct Buyer to curtailaiteri its Gas usage by the same amount. Buyer will pay or reimburse Seller for any penalties assessed due to Buyers failure lo curtailalter its usage Bs directed, unless thec curtailment issuance or similar Ulility order was due to! Seller's direct fault. 4) Scheduling and Imbalance: Buyer will notify Seller of the average daily volumes that Buyer wants scheduled for month. The notice must be: submitedt to seller at least two business days before the delivering transparter's scheduling deadline. Without such notice, the scheduled volume will be equal to the stated Confirmation Contract Quantiy for delivery month divided by the tota) month' days. Seller will transport, nominate, schedule and monitor the Service Locations' Gas usage. Seller will balance Gas deliveries to Buyer's Delivéry Point with the Service Locations' açtual Gas usage. Seller will indemnify and defend Buyer from Utility fees, charges and penalies ("'Balancing Charges") associated with nominating and balancing the Service Locations' Gas usage. However, Buyer will pay or reimburse Seller fora ali Balancing Charges assessed, or allocated lo Buyer by Seller, because ofE Buyers failure to timely notify Seller of any changes in Buyers monthly usage from the total monthly Contract Quantiy or in Buyers daily usage from the daily quantity nominated by Seller. Transportation imbalances, scheduling penalties and related charges resulting from failure to communicate timely any changest to confirmed volumes will be the Party'sr responsibility whose failure caused the imbalance. 5) Taxes: All applicable, past, present and futre, federal, state and Jocal taxes ("Taxes")that arei iocurred prior to the Delivery Point shall be paid by Seller and all Taxes incurred at and post the Delivery Point shall bep paid by Buyer. The Contract Price excludes all Tuxes payable by Buyer. Buyer wil reimburse Seller for any Taxes that Seller is required to collect and on Buyers behalf. Buyer will provide Seller Tax Exemption document(s). Parties will indemnify, defend and hold the other Party harmless from its E Tax liability. 6) Seller Warranties: Seller warrants it has good title to Gas, the right to sell Gas and Gas is released fiom royalties, liens, encumbrances, and all applicable Taxes imposed upon production ofGas prior to1 title transfer. Other expressed or implied warranties are disclaimed. 7) Invoicing, Payment and Financial Assurance: Seller will invoice Buyer for Gas delivered under the Confirmation(s) and any other amounts inçurred by Buyer under the Agreement. Invoices not paidi in full, per Seller's instructions, within 10 days oft the Seller's invoice date will be charged: an "Interest Rate" of 1% per month, IfSeller cannot verify volumes delivered when issuing the invoice, the Buyer eccepts the Seller's good faith nominated volumes. Seller will adjust Buyers account following actual volumes receipt. Buyer shall be liable for all costs, including legal fees, associated with outstanding balanvels) collections. Seller's acceptance of the Primary Agreement and Confirmations is conditioned on Buyers maintaining its creditworhiness during the Agreement term. IF Seller determines in its good faith judgment that Buyer's credit has bcen materially impaired, seller may require additional "Financial Assurance" for the payment of sums due under this Agreement Including collateral deposits, prepayments, letters of credit OT other guaranty of payment or performance acceptable to Seller. 8) Force Majeure: Neither Party will be liable to the other Party for failure to perform its obligations when the failure is due to causes not within the Party's çontrol and not caused by the Party's own negligence ("Force Majeure"), but only for as long as and to the extent that performance is prevented or materially affected by Force Majeure. The Party claining Force Majeure event will notify the other Party in writing as soon as possible and will use due diligence to remove the cause of the Force Majeure and resume performance under the Agreement. Force Majeure cannot be caused by an increase or decrease in Taxes, the economic hardships of a Party, or the full or partial closure ofa party's facilities. Force Majeure will not excuse Buyer from paying for Gasi it purchases or receives. 9) Bilateral Responsibility: Gas title, possession and risk of loss will pass from Seller to Buyer at the Delivery Point. Prior to Delivery Point Seller has exclusive Gas control and responsibility for any damage, injury, charges, transportation fees, costs or losses. At and past the Delivery Point Buyer has exclusive Gas control and responsibility for any damage, injury, charges, transportation fees, costs or losses. 10) Bilateral Indemolfication: Seller will defend and indemnify Buyer against all losses, costs and expenses, inçluding court cosi and reasonable atomey's fees, arising out of claims regarding personal imjury or property damage from the Gas or other charges that attach before title passes to Buyer. Buyer will defend and indemnify Seller against all losses, costs and expenses, including court cost and reasonable attorney's fees, arising out of claims regarding personal injury or property damage from the Gas or other charges that antach after title passes to Buyer. Neither Party will be liable to the other under the agreement for consequéntial, indirect or punitive damages nor specific performance, except as expressly provided in this Agreement. 11) Laws: The Agreement is subject to all tarifls, laws, orders, authorizations, approvals, rules, Taxes and regulstions make ("Laws"). transaction The Agreement uneconomic is contingent Seller. upon the continuation of alll Laws. The entire Agreements shall become terminated if: any modified or new Laws this for Confirmation defines Buycr's utility and rate schedule for each Specific Location, 12) Damages: (a) Other than Force Majeure, if Buyer fails to nominate or take the Contract Quantities on any day. under any Confirmations Seller requiring Gas delivery, the Buyer shall pay the Seller (i) the difference between the Contract Price and the sales price actually received receive by the Gas. in reselling Other than the Force Gas, and (ii) any Imbalance Charges or incremental interruptible Gas transport charges arising from the unexcused Gas delivery, failure the to Seller shall (b) the Buyer (i) the Majeure, if Seller fails to deliver the Contract Quantity on any day. under any Confirmation requiring amount that the Buyer pay paid for a difference between the amount the Buyer would have paid for the non-delivered Gas and the (if applicable) arising fiom the unexcused actuelly failure to deliver replacement quantity of Gas and ()any Imbalance Charges or incremental interuptible that amount Gas that transpor charges demonstrates to Seller thar Buyer paid to Gas. I Buyer is unable to replace non-delivered Gas, Seller shall pay Buyer Buyer failure reasonably is the direci result of Seller's Gas third parties for Buyer's failure to honor the Gas Contract Quantity lothe third parties, when shall such constitute sole remedy in the event mon-delivery. ofthe other (€) Both parties shall excrcise reasonable efforts lo minimize Damages. Payment for Damages In no event shall each either Porty's Party be liable to the other under this Party's unexcused failure to either purchase or deliver Gas under the Confirmation(s). (d) Agreement or any Confirmation formed hereunder for any incidental, indirect, special, punitive or consequentisl damages. 13) Events of Defaull: "Event of Default" means: (a) the failure of either Party (ori its guarantor) 10 make any paymen! required Financial by the: applicable Assurance due of date Seiler's and is not remedied with in4 business days ofreceipt of written demand for cure: (D) failure the failure ofBuyer to 1o provide satisfactory other obligation andi is not Demand; (€) either Party (or its guarantor) is or becomes Banknupt; (d the of either Party perform in Section any 12, which Agreement is curedt remedied within 7 business days of reccipt of written demand for cure (Exceptf for Damages as specified deficiency by payment ofthes amount due, ifany, under Section 12). 14) Remedies: From the beginning and throughout an Event of Default, the non defauling Party may: (a) withhold any payments or suspend any deliveries due hereunder, (b) upon wiitten notiçe at leastl day in advance, accelerate any or ralla amounts owing between the Parties under the Agreement and terminate and liquidate any and all Confirmations; (c) determinea settlemen! amount fore each Confirmation by calculating the gains. losses and cosis (including réasonable attorney's fees and the costs of obtaining, maintaining and liquidating commercially reasonable hedges) incurred as a result between of the the liquidation, Parties under and () the calculate a net settlement amount by aggregating into an amount all setlement amounts Party and will all be other paid amounts within3 owing of receipt of written notice from Agreement. Any net settlement amount due from the defaulting Party to ther non-defauling settlement days be deemed: zero. Interest thet non-defaulting Pary. Tot the extent thar a. settlement amount would be due to the defaulting Party, the of amounts Confirmetion shall may be calculated ont any unpaid portion of ther net settlement amount will accrue daily at thei Interest Rate. The determining gain or loss the each difference liquidated berveen the Contract Price and the by any commercially reasonable method chosen by the non-defaulling party, including Period. by "Market Price" means the price of similar Gas at Market Price of the Contract Quentities remaining to be delivered during the Delivery quantities the Delivery Point. 15) Notices: All. Agreement notices or other communications will ber made in writing and may be delivered byl hand, prepaid first class mail, (b) prepaid overnight courier service or by fax, to the Party's address listed above. Parties agree to receipt with (a) the sender's 's fax confirmation receipt, receipt notice by overnight courier, (c) receiptnotice by professional hand deliverer, (d) 4 business days after prepaid first class mailing. 16) Assignment: There shall be no assignment, transfer or subcontracting of this Agreement, nor of any interest in this Agreement, nor delegation this of duties, to a except upon written consent of both Seller and Buyer, which shall not be unreasonably withheld, provided that, Seller may assign be Agreement purchaser of substantially all of is assets without prior written consent. This Agreement shall inure to the benefit of, and binding upon, the heirs, executors, administrators, and: successors of the respective parties. 17) Bilateral Termination: Either Party can terminate the Primary Agteement with 30 day prior written notice; PROVIDED, that ALL the Primary Agreement will remain in direct effect for all Confirmation(s) entered into prior to the effective termination date until Parties have fulfilled of the Confinarion(s) 18) obligations. Governing Law: The Agreement is govemed by the laws of the State of New York, without regard to principles that require law application of another state. Parties waive their right(s) 10 ajury trial regarding any litigation arising from the Agreement. 19) Entire Agreement: The Primary Agreement and all Confirmations (or the Agreement) establishes the entire Code. Agreement, Confirmations to the are "forward contracts" andi the Parties are "forward contract merchants" the same terms are used in the U.S. Bankruptry Any of1 changes Primary shall not Agreement musi be documented in writing ande executed by both Parties. Failure by either Party to enforce any term or condition this Agreement constitute awaiver ofany other or subsequent enforcement hercof. Each Party, with to itself, hereby represents and warrants to the other Party: (a) it is duly organized, validly existing and in good 20) Miscellaneous: standing under the Laws; (b)t the execution respect and delivery oft this Agreement are within its powers, duly authorized and do not violate any in ofu Tthe terms ofits to govering documensicontatts (c) this Agreement constitutesa a legal, valid and binding obligation of such Party enforçeable againslit accordance its terms; and (d) there is NO BANKRUPTCY, INSOLVENCY, REORGANIZATION, RECEIVERSHIP or other similar proceeding pending or being contemplated by it or threatened againsti it. By the Signature, the Primary Agreement is made as ofthe Date above: SELLER: Enspire Energy, LLC BUYER: County of Fayette Signature By: By: Fax to: Print Name: Print Name: Invalid without both Mary Hensley Buyer/Seller Authorized Title: Title: Signatures Direçtor of Marketing Date: / m/dly Date: / m/dy EXHIBIT DS CONFIRMATION FIRM ELECTRIC POWER THIS FIRM ELECTRIC POWER CONFIRMATION is effective 3/25/2025 by and between! WGL Energy Services, Inc. ("Seller") and County of ("'Buyer") for the sale and delivery of Buyer's full requirements for Electric Power for all accounts listed on Attachment A and is subject Fayette tot the terms and conditions of the Base Agreement executed by both parties. Buyer agrees that Seller's delivery obligations hereunder are subject to, and depend upon, verification by Buyer's Utility that the accounts herein meet the requisite utility load profile and rate classification. agrees to use its best efforts to inform Seller of any changes that will have a material effect on the load of the accounts served under Buyer this Confirmation. TYPE OF will SERVCE: and Seller will sell, Electric Power to the Delivery Point for Buyer's account which shall include all necessary (a) electric energy Buyer and purchase, congestion services obtained from wholesale suppliers active in the energy market administered by PJM, (b) generation capacity obtained from generators that participate in Reliability Pricing Model auctions conducted by PJM, (c) Network Integrated Transmission Service (NITS) including enhancements, expansion and reallocation provided by transmission providers subject tot the PJM Open Access Transmission Tariff (OATT), (d) ancillary services provided by PJM for reliability including, but not limited to, reactive services and reserves, (e) auction revenue rights credits administered by PJM (P.M Costs" are defined as (b) through (e)) and () energy deliveries that comply with applicable state Renewable Portiolio Standards (RPS) and local utility tariff requirements (Utility Costs"). Seller is obligated to deliver, and Buyeri is obligated top purchase, said Electric Power under all circumstances except Force Majeure. BUYER'S UTLTY: West Penn Power Taxes a . The Price does noti include applicable Gross Receipts Taxes and Buyer shall be billed for applicable Gross Receipts as separate line itém on Seller's invoice to Buyer. BILLING: Utility Billing Buyer TAX: must provide to Seller a tax exempt certificate or other documented evidence of Buyer's tax exempt status for accounts covered under this Confirmation prior to1 the effective account enroliment date. If Buyer fails to provide Seller such documentation, Seller shalll be obligated tol bill Buyer for the applicable sales tax. TARIFFS AND Confirmation REGULATIONS: is of Seller's costs to Electric Power hereunder increase from the costs that underlie the If, after this executed, any order PJM revises supply its OATT, an operating protocol, or market rule, (2) al PJM Emergency Fixed Priçe because (1) FERC issues an or Service Commission an Operations Event occurs, (3) a change in Federal, State or Local lawi is enacted. or (4) the applicable Public issues order, or Buyer's utility revises its tariff, an operating protacol or market rule, then Seller shall pass through such cost increases with an appropriate allocation to Buyer by separate monthly charge. Seller shall pravide Buyer with a written explanation describing the charge in reasonable detail, upon requesl. If, at the time this Confiration is executed, any month(s) oft the temm oft this Confirmation extends beyond the last published Capacity Base Residual Auction, the Capacity cost estimates underlyingt the Price hereunder will be utilized based on the last Base Residual Auctionr results, as may be adjusted or corrected by PJM and as approved by FERC. To the extent actual Capacity costs differ from the Capacity cost estimates underlying the Price, Seller shall pass through such cost increases or decreases as appropriate. To the extent Capacity and/or Transmission are included in the Price, Seller reserves the right to adjust the Price to reflect reçovery of Capacity and Transmission costs attributable to (1) Buyer's participation in PJM Demand Response or local utility Net Metering programs during the term of this Confirmation, or (2) increased Capacity and' Transmission costs caused by the effect of any distributed generation and/or peak shaving devices which were in use at any time during the twelve (12) months prior to this Confirmation, This condition does not apply to any emergency generation used solely in the event of a power outage. HOLDOVER Unless Buyer PROCESS: and Seller agree to execute a new confirmation, this Confirmation shall remain in effect on a month-to-month basis at an applicable Monthly Fixed Price for each subsequent monthly meter read period after the end of the initial Term oft this Confirmation. Each Monthly Fixed Price shall be established the 25th day oft the calendar month preceding the applicable calendar month of delivery. Either party such holdover confirmation either by executing a new confirmation, or by providing written notice of cancellation. Upon the may provision cancel of such notice by either Party, Seller shall teminate the confirmation in accordance with utility drop rules and procedures. BUYER NAME: County ofFayette Term/Price Fixed Price Capacity and Transmission Included TERM: From thel May 2025 meter read date to the May 2028 meter read date. (36 months) PRICE: For deliveries hereunder, Buyer shall pay Seller a Price equal to $0.09041/KWh ($90.4100/MWh). If, at time, accounts served under this Fixed Rate Confirmation were converted from an executed LMP Rate Confirmation, this Fixed Rate any 64575,24 1257.000 WGLI Energy Services Electric Pow ver Purchase and Gales Agreement, Exhibit DS Firm Electric Power Supply Page Confirmation supersedes such LMP Rate Confirmation for the tem specified above. All prices quoted are subject to change prior to written confirmation by Seller. AIl prices are quoted at the Delivery Point, including line losses to the Buyer's facilities, in $ per Kilowatt (KW) or Kilowatt-hour (kWh) unless otherwise noted. and provide documentation, upon Seller's request, that the undersigned has the The undersigned represents, warrants agress to as a or as authorized to bind Buyer for the supply contractual authority, either as representing! Buyer principal, Buyer's agent, service being purchased hereunder. This Confirmation is agreed to on the date first written above by: Buyer's Signature: Title: Print Name: Tax Exempt: Yes No Date: Partial Seller: WGL Energy Services, Inc. By: Date: Michaell McGinn, Vice-President Business Development Heidi Bioni Manager: 64575.241257. 000 WGL Energy Services Electric Powar Purchase and! Sales Agreemeni, Exhibit DS Firm Electric Power Supply Page2 64575.241257 .000: County of Fayette Artachment "A":Account! Infarmation (8 account(s)) Exhibit DS Account Data Business Development Manager: Heidi Bionil Phone: 412-918-1620 Email: Madiabatewymeg.on Address LDC Rate das/load Profiie Custemer Accounts RDUNIONTOWNPA 15401 WPP WP-GS20F/GSCS FAYETTE COUNTY 080898301000757554 (N (N) 2S-MCCIELANDTOWN: 404 SPITTSBURGH: ST CONNELLSVILLE PA 15425 WPP WP-GP30SH/GSCS FAVETTE COUNTY911 08082039010097501785 0806203001 10006919459 (NJ PITTSBURGH RDI UNIONTOWNPA 15401 WPP WP-GP30SF/GSCS FAYETTE COUNTY911 Team 08953.88672000732295 (N 832A Airport Rdl Lemont Furnace PA 15456 WPP WP-GP30SD/GSCS Fayette Col Hazmat 0870148590007655481 (NO 72NGALLITAN AVE EUNITSUNIONTOWN: PA 15401 WPP WP-GSZOF/GSCS TAYLORF PLACE 0802m30810007218574 (N) 73281 NATIONALI PIKE UNIONTOWN PA 15401 WPP WP-GS20F/GSCS FAYEITE COUNTY G80823.98100976547581 (N) 97 EN Main St Rear UNIONTOWN PA 15401 WPP WP-RSTOF/RSNH FAVETTE COUNTY 0806293900067576551 (N) 254 MCCIELANDTOWNI UNIONTOWN PA 15401 WPP WP-GP30SF/GSCL FAYETTE COUNTY 64575:241257.0 000 WGLI Enegy Senices Electrie Power Purchase and Sales Agreeneni, Eshibh DSF Fim Eectic Power Supply Pagas NATURAL GAS, ELECTRIC POWER AND RENEWABLE ENERGY PRODUCTS PURCHASE AND SALES BASE AGREEMENT Between WGL Energy Services, Inc. and County of Fayette THIS BASE AGREEMENT FOR THE PURCHASE AND SALE OF NATURAL GAS, ELECTRIC POWER, AND RENEWABLE ENERGY PRODUCTS dated 3/25/2025 by and between' WGL Energy Services, Inc. ("Seller) and County ofFayette ("Buyer"). Buyer may purchase, and Seller may sell Natural Gas, Electric Power and Renewable Energy Products in accordance with the terms and conditions of this Base Agreement ande executed Confirmations (together "Agreement"). In the event of a conflict af any provision(s) aft this Base Agreement and any provision(s) of an executed Confirmation, the provision(s) of the executed Confirmation will prevail. I. EFFECTIVENESS shall supersede prior base executed by the Parties; provided that any confirmation that is in effect at This Base Agreement any agreement the terms and conditions of the applicable the time af the execution of this Base Agreement shall continue to be subject to prior base agreement until the term of such confirmation expires. Thet temms and conditions oft this Base Agreement as well as the definitions set forth in Annex A (as Seller may propose to update from time to time with notice to Buyer)! hereto shall apply to any Confirmation agreed to by Buyer and Seller pursuant to Section VI below, and this Base Agreement shall remain in effect, notwithstanding any intervening periods oft time during which no Confirmation is in effect, unless canceled by either Party upon thirty (30) days' notice to the other; provided that any Confirmation that is in effect at the time of such notice of termination shall remain in effect until the term of that Confirmation expires.A legally binding Agreement shall be comprised oft this Base Agreement and an executed Confirmation for the purchase and sale of Natural Gas, Electric Power and/or Renewable Energy Products as the case may be, each a separate commodity. A purchase and sale of Renewable Energy Credits (RECs) is nota purchase and sale of the Electric Power itself. A purchase and sale of Carbon Offsets is not a purchase and sale of the Natural Gas itself. Each of the foregoing commodities may be purchased separately and independently of each other, or jointly in the case of Electric Power bundled with RECs and ini the case of Natural Gas bundled with Carbon Offsets. I. DELIVERY ANDTITLE TRANSFER OF ENERGY PRODUCTS the A Delivery Point. The Delivery Point for all Natural Gas purchased and sold hereunder is point of interconnection between the transporting interstate pipeline and the Local Gas Distribution Company (LDC) in whose terrilary Buyer is located, The Delivery Point for all Electric Power purchased and sold hereunder shall be the point ofi interconnection between the applicable transmission service provider's transmission system andi the Local Electric Distribution Company (EDC) iny whose territory Buyeri is located. Seller will schedule Natural Gas or Electric Power to the Delivery Point for Buyer's account. The Delivery Point for each REC shall be the Seller's account in an applicable electronic REC tracking system where the REC is retired on behalf oft the Buyer. The Delivery Point for each Carbon Offset shall be from the Seller's account in an applicable Carbon Offset Tracking Registry where the Carbon Offseti is retired on behalf of the Buyer. B. Title Transfer. Title to all Natural Gas and Electric Power will pass from Seller to Buyer at the Delivery Point. Seller warrants that it shall have good end marketable tite tot the Natural Gas and Electric Power to be delivered under this Agreement. Seller further warants that itshall have good and marketable title to all "Renewable Energy Products" that it shall sell to Buyer hereunder, that all RECS contained in such products shall be registered with, transferred from and retired on the tracking system ofa regional transmission organization and shall be transferred by contract-path auditing and through the recognized tracking system, and that Carbon Offsets contained in such products shall be registered with, transferred from and retired ona legally! binding Carbon Offset Tracking Registry. C. Delivery to Buyer's Facilities. Delivery of Natural Gas and Electric Power to Buyer's facilities shall be by separate delivery service agreement between Buyer and Buyer's LDC/EDC and shall be subject to the applicable tariffs of Buyer's LDC/EDC. Buyer will be responsible for paying all LDC/EDC charges associated with the delivery of Natural Gas and Electric Power from the Delivery Point to Buyer's facilities; Seller is not a party to Buye's delivery service agreements with Buyer's LDC/EDC. The parties hereby agree that Electric Power and Natural Gas delivered by Sellerto and received by Buyer att the Delivary Painti is a good that is existing, identifiable, and moveable at the time of identification to the contract for sale, and for which title has transferred to Buyer pursuant to Section I.B of this Base Agreement D. Notice Obligations. Seller agrees to notify Buyer of circumstances that may affect the delivery of Natural Gas and Electric Power by Seller, and Buyer agrees to notify Selleri if Buyers non-weather-related usage of Natural Gas or Electric Power changes due to the installation of on-site peak shaving, back-up or on-site Electric Power generation, demand response program or other energy-saving measure not in effect tat the time oft the execution of this Agreement or att the time oft the execution of a Confirmation. Buyer also agrees to notify Seller of Buye's enrollment or participation in an EDC 'Net Metering' program(s). Each notice and other communication required hereunder or otherwise required pursuant to any legal proceeding to which Seller and Buyer are parties-in-interest will be in writing and will be sent to each of the parties listed below by (1) email or (2) either: (a) delivered in person; (b) sent by certified mail, return receipt delivered a recognized delivery service with acknowledgement of receipt. Such notice will be deemed to have been requested; the or date (c) ofi its delivery, by if emailed or delivered toe each of the parties thereto at the respective addresses set forth below. Pen Balancing. ont Balancing of Natural Gas deliveries at the Delivery Point shall be in accordance with applicable tarifis of Buyer's LDC. H an imbalance penalty is assessed by Buyer's LDC, the Party çausing the penalty will be responsible for paying the penally. Access Settlement Tariff. of Electric Power deliveries to the Delivery Point shall be in accordance with applicable tariffs of Buyer's EDC and PJM Open IM. Buyer AGENCY appoints Seller to act as Buyer's agent in accordance with this provision. Buyer authorizes Seller to obtain information about Buyer's LDC/EDC account (e.g.. account numbers, billing history, payment history, historical usage, projected usage. meter readings and characteristics of service), to make nominations, to schedule, to balance, to make settlement, to obtain Buyer's credit and payment information, and top perform all duties necessary to deliver Natural Gas, Electric Power or Renewable Energy Products, as the case may be, to Buyer. 64575 U2.6 Natural Gas, Electric! Power And Renewable Energy Producis Purchase And: Seles Base Agreement Page M. BILLING, PAYMENT, LDCIEDC, CREDIT ANDTAX as Seller's agent, shall bill Buyer monthly for purchases made under this Agreement, Buyer shall A Billing. Buyer's acting LDC/EDC billing If the efectiveness Agreement, adopts of pay the billi in accordance with the payment terms. during ofthis this thati Buyers in Ulility sole discretion purchase would receivables discount rates applicable to one or more of Buyer's accounts covered by Agreement Seller's no additional increase Seller's costs, Seller shall have the right to notify and bill Buyer directly for deliveries to such accounts at cost or changei inj payment terms to Buyer. For accounts billed directiy by Seller, payment shall be due to Seller within twenty (20) days after receipt oft the invoice, unless Charges. otherwise For agreedi bills sent in writing. the LDC/EDC as Seller's the late payment practice pursuant to the tariff ofthe LDC/EDC B. Late Payment For accounts! billed by Seller, bills not timely shall agent, bear interesta at a rate of1 1% per month from the due date. shall C. Credit. apply. Upon the request oft directly the Seller, by Buyer shall provide paid Seller with financial statements prepered in accordance with generally accepted accounting principles or such other applicable principles then in effect. Buyer represents and warrants (1) that all such information supplied shall be true, accurale and complete in every material respect, (2) thati it has nol filed, planned to file or have had filed against it, any proceedings at law ori in equity before any court, including bankruptcy proceedings, that are likely to affect the legality, validity or enforceability against it oft this Agreement, (3) that it is and shall remain financially able to continue its business, and (4) thatitshall notify Seller promptly if it becomes aware of any situstion that may alter its financial abilities in relation to item (3). Upon the request of Seller, Buyer shall provide financial assurance to Seller (int the form of cash collateral, Letter of Credit, or Parent Company Guarantee, or such other form as reasonably required by Seller), if Seller reasonably determines that Buyer's financial circumstances warrant the provision in of such assurances. Such financial circumstances shall include, but not be limited to, Buyer being sixty (60) days or more delinquent making payments under an executed Confirmation and ar material deterioration in Buyers creditworthiness. Financial assurance tot be posted shall be delivered ort transferred on or before the dose of the fifh (Sth) Business Day foliawingi its written demand. A failure by Buyer to comply with the terms ofthis Sectionl MVC shall be deemeda a material breach of this Base Agreement. Point. will be responsible for all taxes assessed at the D. Taxes. Seller willl be responsible for alli taxes assessed prior to the Delivery Buyer Power or Renewable Delivery Point and thereafter, including any gross receiptt taxes or sales taxes levied on the sale ofl Natural Gas, Electric Energy Products. Applicable taxes will be collected on all Natural Gas, Electric Power, and Renewable Energy Product sales made under an Agreement unless Buyer provides Seller with a valid tax exemption certificate or other evidence ofe exemption. IfBuyer fails to provide Seller with such documentation, Seller shall be obligated to bill Buyer for the applicable sales tax. V.TARIFFS An. Agreement AND exeçuted REGULATIONS hereunder is subject to (1) all applicable federal, state and local laws, (2) all applicable state and federal rules and regulations, (3) state regulatory commision-approvedi tariffs of Buyer's LDC/EDC, (4) Federal Energy Regulatory service Commission-spproved tariffs oftransporting interstate pipelines, and (5) FERC-approved Open Access Tariffs (OATS) oft transmission providers, as such tariffs may be amended or superseded from time to time. Further, this Agreement is contingent upon the continuation of all necessary regulatory approvals and authorizations. If a change in any law, regulation or utility tariff becomes effective and such change imposes additional costs to Seller, then Seller shall have the right to pass through such cost increase to Buyer by a separate monthly charge with unless Buyer and Seller agree to a price adjustment as allowed by a Confirmation. Upon request, Seller shall provide Buyer a written explanation describing the cost increase or loss in reasonable detail. VI. From CONFIRMATION time to time, Seller PROCESS shall offer to supply Buyer with Natural Gas, Electric Power and/or Renewable Energy Products by transmitting to Buyer proposed, unexecuted Confirmations. Buyer may indicate acceptance of the terms and conditions of an offer by signing a Confirmation and returning it to Seller. The Confirmation will not become binding on Seller unless and until Seller countersigns the Confirmation and returns it to Buyer, provided that upon receipt of an executed Confirmation from Buyer, Seller shall use all reasonable efforts to lack Buyer's contract price for Buyer, provide Buyer or Buye's consultant, if applicable, confirmation of such price lock in writing, Hrequested, Seller shall countersign said Confimation, and return it to Buyer. Nolwithstanding the foregoing, Sellerr may indicate acceptance terms ofa Buyer's price lock via e-mail from Seller to Buyer, and such documentation shall be considered acceptance ofs such pricing and as oulinedi in such email. A VII. Force MISCELLANEOUS Majeure. Exceptf for payments that are due, a force majeure event shall, upon notice from the Party claiming force majeure tot the other Party, excuse the Party claiming force majeure from performance during the event. In the event off force majeure, the Party shall claiming force majeure shall notify the other Party ofaf force majeure event within ten (10) days of the accurrence of the event and use due diligence to restore its ability to meet its obligations under this Agreement. Force majeure means those events not reasonably foreseeable acts of on the effective date hereof and not within the reasonable control of the Party claiming force majeure including but not be lirited to God; changes in govemmental regulations; force majeure events of Buyer's LDC/EDC, transporting pipelines, or transmission curtail service providers, any required ori lawful action of Buyer's LDCIEDC, transparting pipelines, or transmission service providers that Electric or interrupt Power Natural Gas or Electric Power delivery, outages of generating facilities or other service providers Seller uses to provide to Buyer hereunder, the breakdown of equipment, malfunctioning equipment, non-performance by third-party transporters, fire, explosion, civil disturbance, strikes, sabotage, pandemics, action or restraint by court order or public or governmental authority, or other government appropriation or curtailment ofl Natural Gas or Electric Power usage. 64575 U2.6N Natural Gas, Electric Power And Renewable Energy Products Purchase And Sales Base Agreement Page2 B. Default and Remedy. Any failure by a Party to perform any material obligation hereunder, including Seller's obligation to deliver and Buyer's obligation top purchase and pay for deliveries, shall constitute a default. The non-delauling Party may temminate this Agreement by providing the defaulting Party ten (10)days prior written notice oft the default and an opportunity to cure the default, Termination of this Agreement for a default that is not cured shall be without waiver of the non-defaulting Party's right to claim direct damages. If Seller terminates this Agreemeht for non-payment, Buyer shall be liable for all reasonable costs, including legal fees, associated with the collection of outstanding balances. If Buyer terminates the Agreement prior to expiration of an underlying, executed Confirmation, or is otherwise in default for a failure to either purchase or pay for deliveries, Seller may seek to collect damages based on current market conditions associated with the Buyer's supply, including but not limited to the costs of terminating supply contracts put in place by Seller as a result of entry into one or more executed Confirmations between Seller and Buyer under this Base Agreement. In assessing damages for such default, Seller shall not be required to enter into a replacement transactioni if market conditions will not allow the full mitigation ofe economic harm to Seller. For an unexcused failure to deliver by Seller or an unexcused failure to take delivery by Buyer, the affected, non-defaulting Party, actingi in a commercially reasonable manner, shall be limited to the sole and exclusive remedy of direct, actual damages. NEITHER PARTY SHALLI BE LIABLEFOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIALI DAMAGES, INCLUDING BUT NOTI LIMITED TO ANY LIABILITY FOR LOST PROFITS OR INTERRUPTION OF BUSINESS. each represents and warrants that C. Authority. The undersigned, who executes this Agreement and any Confirmation on behalf of Party, authorized to bind such undersigned has the contractual authority, either as representing that Party as a principal, ora as that Party's agent, such Party for whom the Natural Gas, Electric Power andlor Renewable Energy Products is being purchased. D. Integration of Agreement. This Agreement constitutes the entire agreement between Seller and Buyer. No statement, promise or inducement made by either Party which is not contained in or derived from this Agreement shall be valid or binding. Each Party acknowledges that Natural Gas, Electric Power, andlor Renewable Energy Products will be purchased independently! from one another, or jointly int the case of Electric Power bundled with RECS and in the case ofl Natural Gas bundled with Carbon Offsets, and each purchase will have its own associated Confirmation. In noy way does a purchase or sale of one oft the aforesaid commodities between Buyer and Seller mean that Buyeri is required to buy or that Seller is requiredt to sell any other of the aforesaid commodities. with law E. Severability. Ifa any part, term or provision of this Agreement is specifically held to be illegal ori in conflict any applicable or regulation, the validity oft the remaining poitions or provisions shall noti be affected, and the rights and obligations o! Seller and Buyer shall be construed and enforced as ilthe Agreement did not contain the particular part, tem, or provision so held to bei illegal lori in confict. F. Assignment Seller may transfer, assign or sell this Agreement: (a) in connection with any financing; (b) to any of its affiliates; (c) to anyone succeeding in interest to all or substantilly all of Seller's assets ort business; or (d) to anothers supplier licensed to conduct business in the State where Buyer's facilities serviced by Seller pursuant to this Agreement are located. Buyer may not assign, transfer, or subcontract this Agreement, nor any interest in this Agreement, nor delegate duties hereunder, except upon written consent of the Seller, which shall not be unreasonably withheld. Buyer may however assign this Agreement to an affliate that has the same or better credit rating at the time of assignment without such consent. This Agreement shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, and successors of the respective parties. I during the effectiveness ofthis Agreement, Buyer sells a premise or property to which Natural Gas or Electric Poweri is being delivered hereunder, Buyer may assign this Agreement to the purchaser if the purchaser has the same or belter credit rating as Buyer att the time of assignment; otherwise, Buyer shall be subject to liability to Seller for damages under G. Section' Waiver. VII B No hereunder. waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Unless expressly provided otherwise in this Agreement, all remedies afforded in this Agreement shall be taken and construed as cumulative in addition to every other remedy provided herein or by! law, a the laws the H. Governing Law. Buyer and Seller agree that, in the event of dispute, this Agreement shall be govemed by oft jurisdiction where Buyer's facilities, being served by Seller, are located. I Buyer has facilities being served by Seller in two or more of the jurisdictions noted above, the laws oft thej jurisdiction where Buyer's facility with the highest annual usage of the contracted commodity (Natural Gas or Electric Power)is located shall govem. WGL Services is a subsidiary ofWGL Holdings, Inc., an affliate ofWashington Gas Light L.WGLE Energy and an Services indirect Qualifications. subsidiary of Alta Gas, Energy Ltd. WGL Energy Services is a retail seller of Natural Gas, Electric Power and Renewable Company, Energy Products and is licensedi in the jurisdictions set forthi in Annex B. J. Emergencies. Int the event Buyer experiences ane electric-related or natural gas-related emergency such as a power outage or gas leak, Buyer should immediately call its EDC/LDC. and provide confidential and customer information to the other inc connection with this K. Confidentiality. Each Party may not designate such information pricing to any third party during the effectiveness of the Agreement, Agreement. Each Party agrees disclose to such disclose information designated to its employees or authorized representatives that have a need to know, unless the excep! that each Party first obtains may the express written consent of the non-disclosing Party. Each Party shall take reasonable precautions to disclosing Parly safeguard the confidential information of the other Party. BUYER CONTACT INFORMATION Buyer's Full Legal Name: County of Fayette Buyer's Representative: Robb Rhodes Title: Counly Controller Address: 61 East Main Street Uniontown PA 15401 Telephone: 724-430-1200 Fax: Email Address: modes@layettepaory WGL Energy Services CONTACT INFORMATION WGLI Energy Services Representative: Heidi Bioni Title: Account Manager WGL Energy Services Address: 436 7th Avenue Suite 225 Pittsburgh PA 15219 Phone: 412-918-1620 Fax: 703-287-9403 The above-listed contacts may be changed by giving notice of a change tot the other party in writing. Failure to provide notice in the manner set forth above will bep prima facie evidence of a failure to provide adequate notice. This Base Agreement is agreed to on the date first written above by: 64575 U2.6 Natural Gas, Elecbic Power And Renewable Energy Products Purchase And Sales Base Agreement Page 3 Buyer: County of Fayette Buyer's Tte: Signature: Tax Yes_ No_ Date: Print Name: Exempt Partial Seller: WGL Energy Services, Inc. Dale: By: Michael McGinn, Vice-President 64575 U2,5 Natural Gas, Eleciric Power And Renewable Energy Products Purchase And Sales Base Agreemnent Page 4 ANNEX A DEFINITIONS "Agreement"' shall mean the Base Agreemen! and any subsequent Confirmation (either' "an Agreement" or the Agreement"). "Business Day(s)" shall mean Monday through Friday, excluding Federal Banking Holidays for transactions in the U.S. "Buyer's Utility" shall mean Buyer's EDC or LDC. "Confirmation" shall mean an exhibit fort the purchase and sale of Natural Gas, Electric Power, Renewable Energy Credits, Carbon Offsets or Renewable Energy Products. "Electric Distribution Company" or" "EDC" shall mean Buyers electric distribution utility. "Electric Power" sha!l mean electric power delivered to Buyer and includes all services necessary to deliver electric power to the Delivery Point on behalf of Buyer. "Letter of Credit" means one or more irrevocable, non-transferable standby letters of credit issued by a U.S. commercial bank or a foreign with such a of at least A- from S&P and A31 from! Moody's. Costs of a Letter of Credit shali be bank with a U.S. branch bank having I Seller rating is with a Letter of Credit and! Seller receives notice from the issuer that the borne by the applicant for such Letter of Credit prior provided tot the expiry of such Letter of Credit a replacement Letter of Credit has not Letter of Credit will not be renewed and twenty (20) days demand financial assurance. been provided, then such Letter of Credit shall be valued at zero and Seller shall be entitled to further "Local Distribution Company" or "LDC" shall mean Buyer's gas distribution utility. "Natural Gas" shall mean natural gas delivered to Buyer and includes all Seller services necessary to deliver natural gas tot the Delivery Point on behalf of Buyer, including the delivery of Certified Natural Gas. "Carbon Offset Tracking Registry" shal! mean a voluntary, auditable, industry tracking registry that is responsible for registering, GHG transferring, and retiring Carbon Offsets, such as Verified Carbon Standard/Verra, Climate Action Reserve, CSA Group CleanProjects trading Registry and other such organizations as they become organized and accepted. "Carbon Offsets"s shall mean tradeable certificates that meet the requirements of ani industry-recognized certificates certifying body that represent claim the the quantity emissions and give the holder of the the right to reduction of a specific of greenhouse gas (GHG) environmental: attributes generated by GHG emission reduction projects. organization that manitors and certifies the reduction of a specific quantity of "Certifying Body" shall mean an industry-recognized tracks, greenhouse gas (GHG) emissions. "Certified Natural Gas" shall mean Natural Gas that has been produced by companies whose operations meet the environmental, social and governance (ESG) standards, including those regarding methane emission reductions, established and independently verified by an industry-recognized organization, such as TrustWelna Project Canary Certification and other such organizations as they become organized and accepled. "Credit Support Provider" means a guarantor whose long-term senior unsecured debt rating has been assigned a rating of BBB- or better from S&P or Baa3 or better from Moody's or BBB- ork better by Fitch ("Rating Agency"). if any Rating Agency, or any combination thereof, debt thel lower of the! senior unsecuredo debt rating shall prevail. or all, essigns a long-lem senior unsecured rating, then long-term mean the billed for Natural Gas andior Electric Power directly by Seller and the Buyer being billed for utility "Dual Billing" shall Buyer being distribution charges by Buyer's LDC or Buyer's EDC. "Equitable Origins" shall mean a third parly certifying body for the purpose of evaluating and verifying Certified Natural Gas. "FERC" shall mean the Federal Energy Regulation Commission. "Gold Standard Foundation" shall mean an independent cerlification program for greenhouse gas emissians (GHG) reductions (carbon offsets) sold in the voluntary market. Cerlifiçation means that carbon offsets supplied to customers meet the program's high environmental slandards for locations, and verification programs reviewed by the organization. The actual and consumer protection project types, percentages or metric tons of GHG emissions reductions by type may vary by a smail percentage. "Green-e0 Climate" shall mean an independent certification program for greenhouse gas emissions (GHG) reductions environmental (carbon and offsets) consumer sold in1 the voluntary market. The Green-e Climate logo identifies carbon offsets that meet the program's high and standards. The Green-e Carbon Offset Content Label represents the mix of project types, locations, verifiçation programs that protection used to customers with carbon ofisets. The actual percentages or metric tons of GHG emissions reductions by type may are to be supply In the case of a variance, a seller of Certified Carbon Offsets is obligated to provide al buyer with vary by a small percentage. disclosure. For more information significant see the Green-ee Climate Code of Conduct available at www.green-e.org. more accurate historical "Green-e Energy Certified Renewable Energy Certificates" shall me an a certificate issued by an industpy-recognized certifying body that represents a Renewable Energy Credit. "Parent Company Guaranty" means guaranty in a form acceptable to Seller, acting reasonably, executed by the Credit Support Provider of Buyer. Transmission Organization" shail mean an organization that coordinates the movement of Electric Power in a specific geographic "Regional territory to promote economic efficiency, reliability, and non-discriminatory practices while reducing govemment oversight. Renewable Certificates" or "RECs" shall mean credits evidenced by cerlificates that represent the "Renewable Energy Credits," Energy of renewable façilities fueled by wind, solar or other environmental attributes associated with the electric generation certified energy the attibutes include but are not limitedt to renewable energy sources that meet the requirements of ani industy-recognized certifying body; of electric generation from a certified the reduction of SOx, NOx, and Carbon Dioxide emissions. One REC represents one megawat-hour with Renewable Portfolio Standard requirements of renewable generation facility. All Electric Power sold under the Agreement complies 64575 U2.5 Natural Gas, Electric Power And Renewable Energy Producis Purchase And Sales Base Agreement Page 5 applicable law. "Rocky Mountain Institute (RMIY" shall mean a third party certifying body for the purpose of evaluating and verifying Certified Natural Gas. "TrustWell"w Project Canary Certification" shall mean a third party certifying body for the purpose of evaluating and verifying Certified Natural Gas. "Utility Billing" shall mean the Buyer's Utility biling services. "WindPower from WGL Energy" shall mean a Renewable Energy product that is comprised of Renewable Energy Credits or RECS and is represented by Renewable Energy Certificates issued by ani industry-recognized certifier. B4575 U2.6 Natural Gas, Electric Power And Renewable Energy Products Purchase And Sales Base Agreement Page6 ANNEXB WGL Energy Services Licenses Delaware Public Service Commission to sell Natural Gas and Electric' Power in the State of Delaware (DE License No, 6042), D.C. Public Service Commission to sell Natural Gas (License No. GA03-3) and Electric Power (License No. EA-00-6) in the District of Columbia Public Service Commission to sell Natural Gas (MD License No. IR 324) and Electric Power (MD License No. IR 227) in the State Maryland of Maryland Ohio Public Utilities Commission to sell Electric Power (Certificate Number 19-1351E(1) Pennsylvania Public Utility Commission to sell Natural Gas (PA License No. A-2010-2176410) and Electric Power (PAI License No. A-110158) int the Commonwealth of Pennsylvania Commission sell Natural Gas' (VA License No.G-8) and Electric Power (VA License No. E-6) in the Virginia State Corparation to Commanwealth of Virginia New Public Service Commission to sell Natural Gas (License No. GSL-0231) and Electric Power (License No. ESL-0267) in the State Jersey of New Jersey 64575 U2.6N Natural Gas, Electric Power And Renewable Energy Products Purchase And Sales Base Agreement Page 7 Professional Service Agreement THIS AGREEMENT made and entered into on this day of April 2025, by and between: COUNTY OF FAYETTE, a fourth-class County, having its principal offices in Uniontown, Pennsylvania, through its Board of Commissioners, hereafter referred to as "County", AND PAUL E. PATO formally the Uniform Construction Code (UCC) Administrator for the County of Fayette and certified Building Code Official (BCO), hereafter referred to as "Contractor", WHEREAS, the County administers Planning and Zoning for 31 of the 42 municipalities by means of the Fayette County Zoning Ordinance as well as Subdivision and Land Development Ordinance. WHEREAS, the Planning/Zoning Technician (ZONING OFFICER) is on unexpected leave of absence. WHEREAS, the County deems it necessary to retain services from Contractor to aid in the enforcement of Planning and Zoning during the Zoning Officer's absence. THE PARTIES, listed above do hereby agree to the following: 1. This agreement shall be effective until the Zoning Officer returns or is replaced with a full-time employee. 2. This agreement may be cancelled by either party with a thirty (30) day written notification. 3. The "County" shall insure, defend, indemnify, reimburse and hold "Contractor" harmless against damage, loss or expense resulting from any negligent act, omission or performance by the "County" its agents, employees, consultants or independent contractors in the performance of any serviçes provided pursuant to this Agreement. 4. The "Contactor" shall insure, defend, indemnify, reimburse and hold the "County" harmless against damage, loss or expense resulting from any negligent act, omission or performance by the "Contractor", its agents, employees, consultants or independent contractors in the performance of any services provided pursuant to this Agreement. 5. "Contractor" shall submit bi-weekly invoices for hours worked for the corresponding time period to the "County" for services provided during that time period. 6. "Contractor" will work between 2-3 days per week and shall not work more than 30 hours per week for the duration of this agreement. pg. 1 7. "Contractor" shall be paid $22.49 per hour. Contractor is solely responsible for remitting proper federal, state, and local taxes. 8. "Contractor" shall be compensated for only days/hours worked with no vacation, sick, holiday, or personal pay time. In addition, "Contractor" agrees that no other benefits normally associated with county employment, i.e., health care, retirement, FICA contribution shall be part oft this agreement. Workdays are Monday thru Friday. The "County" shall issue a Form 1099 at the end of the calendar year to said "Contractor" in accordance with the IRS regulations. 9. "Contractor" auto insurance policy shall carry limits of liability of 10000.300000.5000 or a combined single limit of $300,000 and "Contractor" shall abide by all policies and procedures regarding vehicle use and operation as required by the "County." 10. This AGREEMENT shall bind the parties hereto, their successors, legal representatives or assigns. 11. "Contractor" recognizes and agrees that the job duties include, but are not limited to: a. Investigate alleged zoning violations both in the field and in the office. b. Site visit properties in question and speak with property owners on zoning violation and compliance. C. File non-çompliers at the local MDJ and represent the County at the hearing. d. Communicate with the public answering questions about Zoning, Subdivision, Land Development e. Assist in office with the issuance of zoning permits f. Post properties for upcoming hearings. g. Other job duties listed in the job description for Planning/Zoning Technician and Planning/Zoning Technician II 12. This agreement shall commence on April 14, 2025. pg. 2 IN WITNESS WHEREOF, the parties hereto have duly executed this AGREEMENT as of the day, month, and year first written above. ATTEST: COUNTY OF FAYETTE Chief Clerk Date Scott Dunn, Chairman Vincent A. Vicites Dave Lohr CONTRACTOR Date Paul E. Pato pg.3 West Penn Power WestPenn EASEMENT Power FORM NO. X-2809.3 (REV. 05-24) AFIsEnogy Corpary WORK REQUEST NO. 63478830 The undersigned, FAYETTE COUNTY, 61 East Main Street, Uniontown, PA 15401, of the Township of German, County of Fayette and Commonwealth of Pennsylvania, (the "Grantor"), is the record owner of certain lands located at Footedale Road (S.R. 3023) of German Township, County of Fayette, and Commonwealth of Pennsylvania, pursuant to the hereinafter identified deed and bounded and/or described as follows (the "Land"): Address: Footedale Road (S.R. 3023) AND Lot No. in Plan OR Acreage: 0.3800 AND Tax Parcel No. 15-14-0092-04 AND Deed Book Vol. 3527, Page 819 OR Document/ Instrument Identifier No. 202200010402 Grantor, for valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, hereby grants and conveys to FIRSTENERGY PENNSYLVANIA ELECTRIC COMPANY, a Pennsylvania corporation, d.b.a. WEST PENN POWER COMPANY (the "Grantee"), a permanent easement and uninterrupted right, from time to time, to construct, reconstruct, operate, inspect, renew, replace, improve, maintain, redesign, alter, relocate, extend and remove overhead, underground and ground level facilities described below. (the Facilities") as may be deemed necessary or convenient by Grantee for Page 1 of3 electric, CATV and communication purposes for the use and benefit of the Land and/or adjacent lands on, over, under and across the subject land as depicted on Drawing Number 2-1632-10-1 attached hereto. The Facilities may include, without limitation, poles (with or without crossarms), guy wires, guy stubs, anchors, street lights and standards, switching compartments, conductors, wires, cables, fibers, and other related equipment and apparatus from time to time deemed necessary or convenient by Grantee to accomplish the above purpose. Grantor further grants and conveys to Grantee the right, from time to time, to trim, cut and/or remove such trees, tree branches, shrubs, roots, vegetation, structures and/or other objects or obstructions, which are within twenty-five (25) feet of any of the Facilities or, which, in the sole judgment of the Grantee, interfere with the installation of, or in the safe, or convenient use, maintenance, operation of, or access to the Facilities, including, proper without limitation, the removal of such trees, and/or tree branches which overhang or endanger any of the Facilities. Further, Grantee shall have the right to make such excavations to accomplish the above purposes and to enter upon the Land without notice for all the purposes hereof. Grantor covenants not to construct, place, maintain or use structures of any kind, or plant shrubs or trees within twenty-five (25) feet of either side of the center line of the Facilities, as installed; raise or lower the ground elevation of the Land above or beneath the Facilities; grow beneath overhead Facilities any vegetation or trees, except farm crops or other compatible species identified by Grantee; or obstruct access to, remove structural support from, divert or impound water to or on, or otherwise interfere with the Facilities. The rights and obligations hereunder shall be binding upon and inure to the benefit of the Grantor and Grantee and their heirs, executors, administrators, successors, assigns, licensees and lessees, as the case may be. The Grantor makes no representations or warranties of title regarding any interest herein or hereby conveyed. IN WITNESS WHEREOF, Grantor has duly executed this Easement this day of 2025. WITNESS: GRANTOR: Fayette County Page 2 of 3 COMMONWEALTHOF PENNSYLVANIA jss. COUNTY OF FAYETTE On this day of 2025, before me, a notary public, in and for said County and State, the undersigned officer, personally appeared who acknowledged self to be the of the FAYETTE COUNTY, and that he as such being authorized to do so, executed the foregoing instrument for the therein contained by signing the name of the FAYETTE COUNTY, by self as such officer. purposes In Witness Whereof, have hereunto set my hand and Official Seal. Page 3 of3 N/F FAYETTE COUNTY D.B. 3527, PG. 819 PARCEL NO. 15-14-0092-04 N/F WEST PENN POWER CO. D.B. 442 PG. 416 N/F ROBERT L. JUROSCO JR. 1 PARCEL NO. 15-14--0039 p.8. 3015, PG. 2333 1 PARCEL NO. 15-14-0011 - - PROPOSED AA POLE 4 FUDIRUE ROAD EXISTING POLE DAMBERETY T N/F FAYETTE COUNTY D.B. 3527, PG. 819 PARCEL NO. 15-14-0092-04 N/F PAUL R. MACAR AND SUSAN M. MACAR EXISTING POLE D.B. 2742, PG. 209 1 PARCEL NO. 15-14-0093 - N/F SAINNT THOMAS ROMAN CATHOUC CHURCH D.B. 297, PG. 304 PARCEL NO. 15-14-0042 EXISTING POLE L43 PROPOSED POLE N/F MENALLEN RESOURCES LLC P D.B. 3097, PG. 1891 - I 50' WDE POMER,UNE PARCEL NO. 15-14-0090 RIGHT OF WAY, POLE/VZ51 / LPOLE/252 L42 N/F MENALLEN RESOURCES uLc D.B. 3097, PG. 1891 PARCEL NO. 15-14-0092-03 GOF POWER UNE BEARING DISTANCE L42 N77 00' 27W. 120.89 L43 N36 57 17W. 337.01 ROID L44 N44 15' 14'E 45.91 6 REVISPD 3/6/2025 D.M. LEGEND:. REVISED 3/5/2025 D.M. 50' WDE POWER LINE RIGHT OF WAY * BEARING DATUM BASED ON 0 100 200 LANDFILL COORDINATE GRID SYSTEM CONTROL POINT NUMBERS 21 AND 22. SCALE IN FEET CHESTNUT VALLEY BIOGAS, LLC NOTE; FAYETTE COUNTY PANNSTYANA RIGHT OF WAY FOR ELECTRICAL POWER LINE 1. THE INTENT IS FOR THE CENTERLINE OF THE RIGHT OF THE WAY THROUGH THE PROPERTY OF TO BE ONE AND THE SAME AS THE CENTERUNE OF POWER UNE AS IT I5 INSTALLED. FAYETTE COUNTY (PARCEL NO. 15-14-0092-04) SITUATE N THE TOWNSHP OF GERMAN TT DEED BOOK VOLUME: 3527 PAGE: 819 BANKSON CONSULTING ENGINEERS, DINEERE INC. ASOTD pM. a ID: TAX MAP PARCEL 15-14-0092-04 BI Cos AA1BA AR 2024 K.AH. 2-15 32-10-1 DEED OF EASEMENT THIS DEED OF EASEMENT, made this day of 2025, by and between FAYETTE COUNTY, 61 East Main Street, Uniontown, PA 15401, whether a natural person, corporation, or other entity, and whether one or more, ofthe Township ofGerman, County of Fayette and Commonwealth of Pennsylvania, (the "Grantor"), is the record owner of certain lands located in German Township, County of Fayette and Commonwealth of Pennsylvania, pursuant to the hereinafter identified deed and bounded and/or described as follows (the "Land"): Address: Footedale Road (S.R. 3023) Tax Map Parcel Number 15-14-0092-04 Deed Book Volume 3527, Page 819 AND CHESTNUT VALLEY BIOGAS LLC, a Delaware LLC with its principal place of business located at 6000 Town Center Boulevard, Suite 145 West, Canonsburg, PA 15317, AND FIRSTENERGY PENNSYLVANIA ELECTRIC COMPANY, a Pennsylvania corporation, d.b.a. WEST PENN POWER COMPANY, a Pennsylvania corporation, hereinafter referred to as the "Grantees". WITNESSETH, the parties intending to be legally bound, and that the Grantor, for and in consideration of the sum of SevenHundred Ninety Five and 00/100 Dollars ($795.00), the receipt of which is hereby acknowledged, by these presents does grant and convey to the said Grantee, its successors and assigns, a 50 foot wide permanent right of way or easement for the construction, reconstruction, installation, operation, inspection, renewal, repair, maintenance, replacement and removal of overhead, underground and ground level facilities described below (the "Facilities") as may be deemed necessary or convenient by Grantees for electric, CATV and communication purposes for the use and benefit of the Land and/or adjacent lands on, over, under and across the subject Land as depicted on Drawing Number 2-1632-10-1 attached hereto. The Facilities may include, without limitation, poles (with or without crossarms), guy wires, guy stubs, anchors, street lights and standards, switching compartments, conductors, wires, cables, fibers, and other related above-ground equipment and apparatus from time to time deemed necéssary or convenient by Grantee to accomplish the above purpose. Grantor further grants and conveys to Grantee the right, from time to time, to trim, cut and/or remove such trees, tree branches, shrubs, roots, vegetation, structures and/or other objects or obstructions, which are within twenty-five (25) feet of any of the Facilities or, which, in the reasonable judgment of the Grantee, interfere with the installation of, or in the safe, proper or convenient use, maintenance, operation of, or access to the Facilities, including, without limitation, the removal of such trees, and/or tree branches which overhang or endanger any of the Facilities. Further, Grantee shall have the right to make such excavations to accomplish the above purposes and to enter upon the Land with reasonable notice for all purposes hereof. As a condition of this conveyance and part ofthe consideration for this easement, Grantee shall regrade the land (to the same general grade as existed prior to such construction), reseed any disturbed areas, and rebuild any fences, structures, driveways, or other improvements, which were disturbed during construction. Grantor covenants not to construct, place, maintain or use structures of any kind, or plant shrubs or trees that upon mature growth are reasonably expected to interfere with the installation of, or the safe, proper or convenient use, maintenance, operation of, or access to the Facilities, within twenty-five (25) feet of either side of the center line of the Facilities, as installed; raise or lower the ground elevation of the Land above or beneath the Facilities; grow beneath overhead Facilities any vegetation or trees, except farm crops or other compatible species identified by Grantee; or obstruct access to, remove structural support from, divert or impound water to or on, or otherwise imterfere with the Facilities. The rights and obligations hereunder shall be binding upon and inure to the benefit of the Grantor and Grantee and their heirs, executors, administrators, successors, assigns, licensees and lessees, as the case may be. The Grantor makes no representations or warranties of title regarding any interest herein or hereby conveyed. To have and to hold all and singular the rights and privileges aforesaid, to the only proper use and behoof of the Grantee, its successors and assigns forever. Signed, sealed and delivered FAYETTE COUNTY in the presence of By: By: Title: Title: COMMONWEALTH OF PENNSYLVANIA - 1 [SS: COUNTY OF FAYETTE ] On this day of 2025, before me, a notary public, in and for said County and State, the undersigned officer, personally appeared who to be the 3 acknowledged self of the FAYETTE COUNTY, and that he as such being authorized to do 50, executed the foregoing instrument for the purposes therein contained by signing the name of the FAYETTE COUNTY, by self as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public TypeofNotary Act Identification Method D Acknowledgment (1) 0 Personal Knowledge a Signature Witnessing (3) 0 Acceptable D (I Type and Issue/Expiration Dates) D Credible Witness (Name of Credible Witness) / N/F FAYETTE COUNTY D.B. 3527. PG. 819 PARCEL NO. 15-14-0092-04 N/F WEST PENN POWER co. * D.B. 442 PG. 416 N/F ROBERT L JUROSCO JR. PARCEL NO. 15-14-0039 D.B. 3015, PG. 2333 1 1 PARCEL NO. 15-14-0011 * A PROPOSED POLE 4 ROAD EXISTING POLE T50S 3 LAENETONETO 1 N/F FAYETTE COUNTY 9 D.8. 3527, PG. 819 PARCEL NO. 15-14-0082-04 N/F PAUL R. MACAR AND SUSAN M. MACAR EXISTING POLE D.B. 2742, PG. 209 PARCEL NO. 15-14-0093 N/F SAINT THOMAS ROMAN CATHOUIC Y CHURCH D.B. 297, PG. 304 PARCEL NO. 15-14-0042 EXISTING POLE L43 PROPOSED POLE N/F MENALLEN RESOURCES LLC oix D.B. 3097, PG. 1891 V 50' WDE POWER, GNE PARCEL NO. 15-14-0090 RIGHT OF WAY, POLE/V251 / - V L42 POLE/V252 N/F MENALLEN RESOURCES LLC D.B. 3097, PG. 1891 - PARCEL NO. 15-14-0092-03 / 9OF POWER UNE BEARING DISTANCE L42 N77: 00' 27'w 120.89 L43 N36" 57 17"Wa 337.01 F0D L44 N44 15' 14E 45.91 p REVISPb 3/6/2025 D.M. LEGEND: REVISED 3/5/2025 D.M. 50' WDE POWER LINE RIGHT OF WAY /. BEARING DATUM BASED ON 0 100 200 LANDFILL COORDINATE GRID SYSTEM CONTROL POINT NUMBERS 21 AND 22. SCALE IN FEET CHESTNUT VALLEY BIOGAS, LLC NOTE: FAYETTE COUNTY PENNSMVANA RIGHT OF WAY FOR ELECTRICAL POWER UNE 1. THE INTENT IS FOR THE CENTERUNE OF THE RIGHT OF OF WAY THROUGH THE PROPERTY OF TO BE ONE AND THE SAME AS THE CENTERUINE THE POWER UNE AS IT IS INSTALLED. FAYETTE COUNTY (PARCEL NO. 15-14-0092-04) SITUATE IN THE TOWNSHIP OF GERMAN METT DEED BOOK VOLUME: 3527 PAGE: 819 BANKSON ENGINEERS, INC. AS NOTED DM TS TAX MAP PARCEL ID:15-14-0092-04 CONSUATNO CECK AA ENGNEEKS 15424 MAR2024 KAH. 3-1657-10-1 U.S. Department of Justice Office of Detention Services United States Marshals Service Intergovernmental Agreement Prisoner Operations Division 1. Agreement Number 2. Effective Date 3. Facility Code(s) 4. UEI Number JBSGZNJCXZLS 68-06-0007 3Qx 5. Issuing Federal Agency 6. Local Government United States Marshals Service Fayette County Jail Prisoner Operations Division 254 McClellandtown Road Office of Detention Services Uniontown, Pennsylvania 15401 CG-3, 3rd Floor Tax ID#: 25-6001029 Washington, DC 20530-0001 7. Appropriation Data 8. Local Contact Person: Megan Mick, Records Supervisor E-mail: mmickefavettena.or Telephone: (724) 430-1222 Ext. 313 15-1020/XD 10. Estimated Number 11. Per Diem 12. Period of 9. Services of Federal Beds Rate Performance This agreement is for the housing, safekeeping, subsistence, Male: 15 $96.00 and care of Federa! prisoners, in accordance with content set Female: 15 Perpetual forth herein. Juvenile: 0 Total: 30 13. Guard/transpertationt Hourly Rate 14. Optional Guard/ Transportation Services Rate: R Medical Guard/Transportation Hourly $45.00 U.S. Courthouse Mileage shall be reimbursed by the Federal Government at the current General Services Administration (GSA) Federal Travel JPATS Regulation Mileage Rate. 4 Encompassed MTC 15. Department of Labor Wage Determination Video Teleconferencing (VTC) Hearings Wages Incorporated # a Other. Hospital Details, Jailto Jail Collective Bargaining Agreement #CBA-2025-123 16. Local Government Certification 17. Signature of Person Authorized to Sign (Local) To the best of my knowledge and belief, information submitted in support of this agreement is true and correct. This document has been duly authorized by the governing Signature authorities of their applying Department or Agency State or County Government and therefore agree to comply with all Scott Dunn provisions set forth herein this document. Print Name Commissioner Title Date 18.Federal Prisoner Type 19. Other Authorized 20. Signature of Person Authorized to Sign (Federal) Authorized Agency User B Adult Male BOP Signature B Adult Female 6 ICE Tiffani Eason Juvenile Male Other Print Name Juvenile Female A Chief, Intergovernmental Agreements Titie Date Page 1 of 18 IGA Agreement Form (REV. 2/2025) Agreement Number 68-06-0007 Table of Contents Section Description Page Number 1. Authority. 3 2. Purpose 3 3. Administration 3 4. Place of Performance. 5 5. Agreements Specialist 5 6. Termination 5 7. Assignment and Outsourcing of Jail Operations. 6 8. Medical Services 6 9. Affordable Care Act (ACA). 8 10. Receiving and Discharging of Federal Prisoners 8 11. Prisoner Work Program. 8 12. Guard/Transportation Services to/from Medical Facility 9 13. Guard/Transportation Services to/from U.S. Courthouse 10 14. Guard/Transportation Services to Justice Prisoner & Alien Transportation System (JPATS) or Other. 10 15. Video Teleconference Hearing within the Facility 11 16. Optional Guard Services to Video Teleconference Hearing within the Facility 11 17. Special Notifications 11 18. Body Worn Camera Information Requests 12 19. Restrictive Housing and Suicide Prevention 12 20. Prison Rape Elimination Act (PREA). 13 21. PREA Prisoner Incident Reporting 13 22. Federal Acquisition Regulation (FAR) Agreement Provisions 14 23. Guaranteed Minimum Bed Space 15 24. Economic Rate Adjustments 15 25. Billing and Financial Provisions 16 26. Payment Procedures. 16 27. Hold Harmless. 17 28. Disputes. 17 29. Review of Services 17 30. IGA Amendments 17 31. Litigation 18 32. The First Step Act 18 Page 2 of 18 Local Government (initial): Federal Government (initial): Agreement Number 68-06-0007 1. Authority Pursuant to the authority, 106th Congress Public Law 553, Section 119 of the "Department of Justice Appropriations Act, 2001", this Intergovernmental Agreement (hereinafter referred to as "agreement") is entered into between the United States Marshals Service (USMS) (hereinafter referred to as the "Federal Government") and Fayette County Jail (hereinafter referred to as "Local Government"), who hereby agree as described in this document. 2. Purpose The Federal Government and the Local Government establish this agreement allowing the USMS or other authorized agency user as noted in block #19, page one (1) of this agreement to house individuals detained on federal charges or federal court orders (hereinafter referred to as "Federal prisoners") with the Local Government at the Fayette County Jail, 254 McClellandtown Road Uniontown, Pennsylvania 15401 (hereinafter referred to as "the Facility") designated in block #6 on page one (1) of this agreement. 3. Administration (October 2021) The Local Government shall provide for the secure custody, safekeeping, housing, subsistence, and care of Federal prisoners in accordance with all state, local, and federal laws, standards, regulations, policies, and court orders applicable to the operation of the Facility. Federal prisoners shall be housed in a manner consistent with the Federal Performance Based Detention Standards (FPBDS) subset utilized by the USMS Detention Facility Review Program. These standards are set forth in Form USM-218 (provided as an attachment to this agreement). Facilities shall follow the current standards summarized in Form USM-218 and any other standards required by an authorized agency whose prisoners are housed by the Local Government pursuant to this agreement. Full text of the FPBDS can be found at: XXXXXXXAasasaNsN as an additional reference source for best practices. Fayette County Jail shall comply with Congressional mandates, federal laws, Executive Orders and all existing Fayette County Jail policies. Fayette County Jail shall provide a means for verification of any state inspections, accreditation, and, if applicable, any alternative correctional facility accreditations such as an accreditation from the American Correctional Association accreditation. The USMS ensures the secure custody, care, and safekeeping of USMS prisoners. Accordingly, all housing or work assignments, and recreation or other activities for USMS prisoners are permitted only within secure areas of the building or within the secure external recreational/exercise areas. All work assignments for unsentenced Federal prisoners must be voluntary. The Local Government shall conduct initial and periodic background and reference checks of applicants, employees, contractors, and volunteers. All allegations of staff misconduct shall be investigated and reported to law enforcement as appropriate. Staff misconduct involving or affecting USMS prisoners shall be reported to the local district United States Marshal (USM), Chief, Page 3 of 18 Local Government (initial): Federal Government (initial): Agreement Number 68-06-0007 or their designee and to the USMS Prisoner Operations Division (POD) at opcAChaursusaioey At all times, the Federal Government shall have access to the Facility and to the Federal prisoners, and to all records pertaining to this agreement, including financial records, for a retention period of three (3) years from the date of request by the Federal Government. The Local Government shall maintain written policies and procedures that describe all facets of facility operations, maintenance, and administration. The Local Government shall maintain written contingency and emergency plans for situations including but not limited to riots, hunger strikes, disturbances, escapes, hostage situations, and mass prisoner relocation. The Local Government shall maintain records of annual fire safety inspections. The Local Government shall maintain dangerous materials in accordance with government regulations. The Local Government shall maintain an objective review, classification, and housing process. Federal prisoners shall be clearly identified as USMS prisoners in the classification system. The Local Government shall ensure Federal prisoners under the age of 18 receive an age- appropriate diet, exercise, and education. The Local Government shall ensure Federal prisoners under the age of 18 or charged as a juvenile shall be separated by sight and sound and out of regular contact with adult prisoners, except in emergency situations or approval from the court. The Local Government shall keep the Facility clean and in good repair. Food service equipment shall meet established health and safety codes. The Local Government shall provide a minimum of three (3) meals per day that are varied and nutritionally adequate. The Local Government shall provide safe and clean space and items for proper prisoner hygiene. The Local Government will provide clean and serviceable bedding and clothing. Clothing and shoes shall be properly sized and temperature and weather appropriate. The Local government shall provide appropriate attire upon release. The Local Government shall properly inventory, store, and return prisoner property upon release. The Local Government shall provide adequate accommodations for prisoners with disabilities once accepted by the Local Government. The Local Government shall prohibit discrimination on the basis of disability, race, sex, sexual orientation, religion, and national origin in the provision of services, programs, and activities. The Local Government shall provide prisoners with reasonable opportunities to participate in religious practices, exercise, and access to mail, telephones, personal legal materials and legal reference materials or confidential counsel. The Local Government shall maintain a grievance program with at least one level of appeal. The grievance procedures shall be made available to prisoners. (End of Provision) Page 4 of 18 Local Government (initial): Federal Government (initlal): Agreement Number 68-06-0007 4. Place of Performance (May 2021) The principal place of performance for this agreement shal! be: Fayette County Jail, 254 McClellandtown Road, Uniontown, Pennsylvania 15401 (End of Provision) 5. Agreements Specialist (November 2021) The Contracting Officer (KO) may designate in writing one or more government employees, by name and position title, to act for the KO under this agreement. Each designee shall be identified as an Agreements Specialist. Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee(s) shall not change the terms or conditions of the agreement, unless the Agreements Specialist is a warranted KO, and this authority is delegated in the designation. The Agreements Specialist is: Name: Ramona Mosby Title: Grants Specialist Contact Information: 202-868-2789 (End of Provision) 6. Termination (May 2021) The agreement can be terminated by either party for any reason. The requesting party, requester, seeking to terminate this agreement may do sO by providing a written notice to the receiving party, requestee, at least thirty (30) calendar days in advance of the proposed termination date. An exception is made when an emergency situation requires the immediate relocation of Federal prisoners. In order for the Local Government to initiate a termination of this agreement, the Local Government must: a. As noted in this section, paragraph one above, the Local Government shall provide the Federal Government via the KO or designee a written notification by email at least thirty (30) calendar days in advance of the potential termination date unless an emergency situation requires the immediate relocation of Federal prisoners. b. The Local Government shall provide adequate time, if applicable, for the Federal Government to transport and relocate Federal prisoners. Based on the number of Federal prisoners at the facility, a thirty (30) day notice may not be adequate to vacate the premises; thus, the Local Government shall agree to provide the Federal Government a reasonable time frame to exit the facility. C. The Local Government shall work with the Federal Government to locate alternative housing solutions for the Federal prisoners, Page 5 of 18 Local Government (initial): Federal Government (initial): Agreement Number 68-06-0007 d. The Local Government may not request rate or per-diem increases once the Local Government has provided a termination notice to the Federa! Government and the Federal Government has acknowledged the receipt of before mentioned notice. Where the Local Government has received a cooperative agreement through the POD's Cooperative Agreement Program, the cooperative agreement termination and other applicable provisions shall: a. be incorporated into this agreement; b. survive after the expiration of the cooperative agreement; and C. supersede the termination provisions of this agreement. (End of Provision) 7. Assignment and Outsourcing of Jail Operations (May 2021) The overall management and operation of the Facility housing Federal prisoners shall not be contracted out without the prior written notification of the Federal Government. (End of Provision) 8. Medical Services (May 2021) The Local Government shall maintain written procedures that describe actions taken in the event of a prisoner's death, assault, or medical emergency to include notification to the USMS. The Local Government shall provide a medical and mental health screening upon admission to the Facility. The Local Government shall inform prisoners how to access health services. The Local Government shall notify the local USMS district office of any infectious disease outbreak. The Local Government shall provide Federal prisoners with the same level and range of care inside the Facility as that provided to state and local prisoners. The Local Government is financially responsible for all medical care provided inside the Facility to Federal prisoners. This includes the cost of all medical, dental, and mental health care as well as the cost of medical supplies, over- the-counter medications and any prescription medications routinely stocked by the Facility. The Facility is encouraged to purchase non-OTC medications for USMS prisoners through the USMS' National Managed Care Contract (NMCC) Discount Pharmacy Program. When possible, generic medications should be prescribed. The cost of all of the above-referenced medical care is covered by the Federal per-diem rate. The Federal Government will pay for the cost of specialized medical services not routinely provided within the Facility, such as dialysis. The Federal Government is financially responsible for all medical care provided outside the Facility to Federal prisoners. The Federal Government must be billed directly by outside medical care providers pursuant to arrangements made by the Local Government for outside medical care. The Local Government shall utilize outside medical care providers that are covered by the USMS' NMCC Preferred Provider Network to the maximum extent practicable. The Local Government can obtain Page 6 of 18 Local Government (initial): Federal Government (initial): Agreement Number 68-06-0007 information about NMCC covered providers from the local USMS District Office. The Federal Government will be billed directly by the medical care provider not the Local Government. To ensure that Medicare rates are properly applied, medical claims for Federal prisoners must be on Centers for Medicare and Medicaid Services (CMS) Forms sO that they can be re-priced to Medicare rates in accordance with the provisions of Title 18 U.S.C. Section 4006. The USMS will not reimburse the detention facility for medical payments made on behalf of USMS prisoners in the absence of a specific arrangement approved in writing by the USMS. All outside medical care provided to Federal prisoners must be pre-approved by the Federal Government except in a medical emergency. In the event of an emergency, the Local Government shall proceed immediately with necessary medical treatment. The Local Government shall notify the Federal Government immediately regarding the nature of the Federal prisoner's illness or injury as well as the types of treatment provided. control which includes The Facility shall have in place an adequate infectious disease program testing of all Federal prisoners for Tuberculosis (TB) in accordance with National Commission on Correctional Health Care (NCCHC) Standards for Health Services in Jails. TB testing shall occur with 14 days of intake (unless current TB tests results are available), be promptly documented in the Federal prisoner's medical record and the results forwarded to the local USMS District within thirty (30) days of intake. Special requests for expedited TB testing and clearance (to include time sensitive moves) shall be accomplished through advance coordination by the Federal Government and Local Government. The Local Government shall immediately notify the Federal Government to include the local district office of any cases of suspected or active TB or any other highly communicable diseases such as but not limited to Coronavirus Disease (COVID), severe acute respiratory syndrome (SARS), Avian Flu, Methicllin-Resistant Staphylococcus Aureus (MRSA), Chicken Pox, etc., which might affect scheduled transports or productions. When a federal prisoner is being transferred or released from the Facility, they will be provided with a minimum of seven (7) days of prescription medications and any medications already dispensed to the prisoner. Medical records and Form USM-553, Prisoner in Transit Medical Summary must travel with the Federal prisoner. If the records are maintained at a medical contractor's facility, it is the Local Government's responsibility to obtain them before a federal prisoner is transferred. Federal prisoners may be charged a medical co-payment by the Local Government in accordance with the provisions of Title 18 U.S.C. Section 4013(d). The Federal Government is not responsible for medical co-payments and shall not be billed if the federal prisoner is indigent and cannot make the co-payment. Indigent Federal prisoners shall not be denied medical evaluation and treatment for failure to provide a co-payment. (End of Provision) Page 7 of 18 Local Government (initia!): Federal Government (initial): Agreement Number 68-06-0007 9. Affordable Care Act (ACA) (May 2021) Upon release of a Federal prisoner, the Local Government shall provide information regarding the Affordable Care Act (ACA). The ACA website is located at: httpillwpw.hhs.gov/hathcarabou-tne-acaindexhtml. (End of Provision) 10. Receiving and Discharging of Federal Prisoners (May 2021) The Local Government agrees to accept Federal prisoners only upon presentation by a Law Enforcement Officer (LEO), USMS Task Force Officer (TFO) or a USMS designee with proper credentials. The Local Government shall not relocate a Federal prisoner from one facility under its control to another facility not described in this agreement without permission of the Federal Government. Additional facilities within the same agreement shall be identified in a modification. The Local Government agrees to release Federal prisoners only to LEOS of the authorized Federal Government agency initially committing the Federal prisoner (e.g., Drug Enforcement Administration (DEA), Immigration and Customs Enforcement (ICE)) or to a Deputy United States Marshal (DUSM) or USMS designee with proper credentials. Those Federal prisoners who are remanded to custody by the USMS may only be released to the USMS or an individual specified by the USMS in the Judicial District. USMS Federal prisoners sought for a state or local court proceeding must be acquired through a Writ of Habeas Corpus or the Interstate Agreement on Detainers and then only with the concurrence of the jurisdictional United States Marshal (USM). (End of Provision) 11. Prisoner Work Program (November 2021) Federal prisoner labor shall be used in accordance with the Federal prisoner work plan developed by the Local Government and approved by the USMS. The Federal prisoner work plan must be voluntary, and may include work or program assignments for industrial, maintenance, custodial, service, or other jobs. Federal prisoners may not be required to work. Federal prisoners may volunteer to work within the secure confines of the facility if they sign a waiver of their right not to work. A Federal prisoner with suicidal tendencies, attempted escapes or escape history, violent history, gang affiliations or with retainers for pending charges with other local, state, or federal agencies will not be considered for the volunteer program. Federal prisoners are not permitted to act as trustees and may not work in positions that permit unsupervised contact with segregated prisoners or Federal prisoners of the opposite sex. The Federal prisoners are restricted from operating equipment that may expose the Federal prisoners to grave bodily harm or any work assignment requiring security risk items and controlled tools which could be used to facilitate an escape or used as a weapon that could endanger staff, citizens, or other inmates. Federal prisoners will not have access to prisoner or employee records. Page 8 of 18 Local Government (initial): Federal Government (initial): Agreement Number 68-06-0007 The Local Government will ensure that prisoners who volunteer to work are prohibited Keep on Person medications while at the worksite. medical clearances before working in the food service Federal prisoners must obtain required areas. The Federal prisoner work program shall not conflict with any other requirements of the agreement and must comply with all applicable laws and regulations. Federal prisoners shall not be used to perform the responsibilities or duties of an employee of the Local Government. Appropriate safety/protective clothing and equipment shall be provided to Federal prisoner workers as appropriate. Federal prisoners shall not be assigned work that is considered hazardous or dangerous. This includes, but is not limited to, areas or assignments requiring great heights, extreme temperatures, use of toxic substances and unusual physical demands. Federal prisoner workers can be paid the identical rates of pay as other facility prisoners. Federal prisoners shall be required to participate in normal housekeeping duties which help ensure the cleanliness of their housing area. Increases and reductions in privileges may be used as incentives to ensure that Federal prisoners keep their living areas clean. (End of Provision) 12. Guard/Transportation Services to/from Medical Facility (May 2021) When Medical Facility in block #14 on page one (1) of this agreement is checked, the Local Government agrees, subject to the availability of its personnel, to provide transportation and guard services for Federal prisoners housed at the Facility to and from a medical facility for outpatient care, and transportation and stationary guard services for Federal prisoners admitted to a medical facility. These services shall be performed by at least two (2) armed and qualified LEOS or Correctional Officers (CO) according to the criteria specified by the County Entity running the facility. In all cases, these are part of a fulltime Law Enforcement Organization or Correctional Organization and that they have met the minimum training requirements. The Local Government agrees to provide additional personnel if requested by the USMS to enhance specific requirements for security, prisoner monitoring, and contraband control. Federal prisoners are not permitted to use the telephone, internet or WIFI enabled devices, or to receive outside food, drinks, or deliveries (including flowers) without consent from the USMS. The Local Government shall restrain Federal prisoners by attaching at least one extremity to the hospital bed, stretcher, or chair at all times when medically possible. Pregnant or postpartum prisoners should not be restrained. Postpartum is the twelve-week period following childbirth, miscarriage, or abortion. See First Step Act provision for more information. The reimbursable hourly rate, if agreed upon, will be shown in block #13 on page one (1) of this agreement. Mileage shall be reimbursed in accordance with the current GSA mileage rate. (End of Provision) Page 9 of 18 Local Government (initial): Federal Government (initial): Agreement Number 68-06-0007 13. Guard/Transportation Services to/from U.S. Courthouse (May 2021) When U.S. Courthouse in block #14 on page one (1) of this agreement is checked, the Local Government agrees, subject to the availability of its personnel, to provide transportation and guard services for Federal prisoners housed at its facility to and from the U.S. Courthouse. These services shall be performed by at least two (2) armed and qualified LEOS or COs. In all cases, these are part of a fulltime Law Enforcement Organization or Correctional Organization and that they have met the minimum training requirements. The Local Government agrees to provide additional personnel if requested by the USMS to enhance specific requirements for security, prisoner monitoring, and contraband control. Upon arrival at the courthouse, the Local Government's transportation guard will turn Federal prisoners over to the USMS only upon presentation of proper law enforcement credentials. The Local Government will not transport Federal prisoners to any U.S. Courthouse without a specific request from the USMS who will provide the prisoner's name, the U.S. Courthouse, and the date the prisoner is to be transported. Each prisoner will be fully restrained in handcuffs, waist chain, and leg restraints during transportation unless otherwise authorized by the USMS, Deviations from full restraints must be documented and reported monthly to the local district USM, Chief, or their designee and to the USMS POD at OpcAChguneiiscaises The reimbursable hourly rate, if agreed upon, will be shown in block #13 on page one (1) of this agreement. Mileage shall be reimbursed in accordance with the current GSA mileage rate. (End of Provision) 14. Guard/Transportation Services to Justice Prisoner & Alien Transportation System (3PATS) or Other (May 2021) When JPATS, Other or both in block #14 on page one (1) of this agreement is checked, the Local Government agrees, subject to the availability of its personnel, to provide transportation and escort guard services for Federal prisoners housed at its facility to and from the JPATS or other locations designated by the Federal Government. These services shall be performed by at least two (2) armed and qualified LEOS or COs. In all cases, these are part of a fulltime Law Enforcement Organization or Correctional Organization and that they have met the minimum training requirements. The Local Government agrees to provide additional personnel if requested by the USMS to enhance specific requirements for security, prisoner monitoring, and contraband control. Page 10 of 18 Local Government (initial): Federal Government (initial): Agreement Number 68-06-0007 The Local Government shall not transport Federat prisoners to the airlift or any other location without a specific request from the USMS who will provide the prisoner's name, location (district), and the date the prisoner is to be transported. The Local Government shall turn Federal prisoners over to the USMS or an officer specified by the USMS only upon presentation of proper credentials. Each prisoner will be fully restrained in handcuffs, waist chain, and leg restraints during transportation unless otherwise authorized by the USMS. Deviations from full restraints must be documented and reported monthly to the local district USM, Chief, or their designee and to the USMS POD at PopcACnaumrtedusdaio The reimbursable hourly rate, if agreed upon, will be shown in block #13 on page one (1) of this agreement. Mileage shall be reimbursed in accordance with the current GSA mileage rate. (End of Provision) 15. Video Teleconference Hearings within the Facility (October 2021) If available, the facility shall furnish, as applicable to this agreement, all things necessary for, or incident to, providing Video Teleconference (VTC) hearings within the facility. When VTC equipment is not available at the facility, the Federal Government, in coordination with the Courts, may assist with providing VTC equipment and ancillary items to the facility. (End of Provision) 16. Optional Guard Services to Video Teleconference Hearings within Facility (May 2021) When Video Teleconferencing (VTC) Hearings in block #14 on page one (1) of this agreement is checked, the Local Government agrees, subject to the availability of its personnel, to provide escort guard services for Federal prisoners housed at its facility to monitor, on a case-by-case basis, court hearings conducted via VTC within its facility per instruction of the Federal Judiciary. The reimbursable hourly rate, if agreed upon, will be shown in block #13 on page one (1) of this agreement. (End of Provision) 17. Special Notifications (May 2021) The Local Government shall notify the Federal Government of any activity by a Federal prisoner, which would likely result in litigation or alleged criminal activity. The Local Government shall immediately notify the Federal Government of an escape of a Federal prisoner. The Local Government shall use all reasonable means to apprehend the escaped Federal prisoner and all reasonable costs in connection therewith shall be borne by the Local Government. Page 11 of 18 Local Government (initial): Federal Government (initial): Agreement Number 68-06-0007 The Federal Government shall have primary responsibility and authority to direct the pursuit and capture of such escaped Federal prisoners. Additionally, the Local Government shall notify the Federal Government as soon as possible when a Federal prisoner is involved in an attempted escape or conspiracy to escape from the Facility. In the event of a medical emergency, death, or assault on or by a Federal prisoner, the Local Government shail immediately notify the Federal Government. (End of Provision) 18. Body Worn Camera Information Requests (November 2021) If the Local Government adopts a Body Worn Camera (BWC) use policy that mandates use of BWC for transport or other activities covered under the IGA, the agency shall, upon request by USMS, provide USMS with the audio/video footage and any metadata captured by the BWC pertaining to USMS prisoner incidents. The audio/video footage and any metadata may be requested by the USMS Body Worn Camera Program and the USMS Office of General Counsel. The agency agrees that no BWC footage depicting a USMS prisoner will be released without advance written notification to the USMS. (End of Provision) 19. Restrictive Housing and Suicide Prevention (May 2021) For the purposes oft this agreement, restrictive housing" means any type of detention that involves all of the following elements: a. Removal from the general population, whether voluntary or involuntary; b. Placement in a locked room or cell, whether alone or with another prisoner; and C. Inability to leave the room or cell for the vast majority of the day, typically 22 hours or more. For the purposes of this agreement, "vulnerable population" refers to prisoners who are more likely to be victimized in confinement settings, including but not limited to: juveniles; young adults (age 18-24 at time of admission through conviction):prisoners with serious mental illness; lesbian, gay, bisexual, prisoners who identify as sex nonconforming; pregnant and postpartum prisoners; infirmed prisoners and prisoners with medical needs. The Local Government shail have written policies, procedures, and practices requiring that all prisoners in restrictive housing are personally observed by a CO at least twice per hour, but no more than thirty (30) minutes apart, on an irregular schedule. Prisoners who are violent or mentally ill or who demonstrate unusual or bizarre behavior shall receive more frequent observation; suicidal prisoners shall be under constant observation. The Local Government shall immediately notify the appropriate Chief Deputy U.S. Marshal (CDUSM), or designee, and POD at hinouires@usdol.sov when a member of a vuinerable population is placed in restrictive housing or their restrictive housing status changes. Page 12 of 18 Local Government (initial): Federal Government (initial): Agreement Number 68-06-0007 The Local Government shall also provide reports to the USMS on a monthly basis listing all USMS prisoners who were detained in restrictive housing, and the reasons for their assignment to restrictive housing. When no USMS prisoners have been placed in restrictive housing during the reporting month, the Local Government shall notify USMS that there are no USMS prisoners to report. The report or a notification of no USMS prisoners in restrictive housing shall be submitted to the CDUSM or his or her designee and POD at minguides@usdoi.soy, no later than the tenth day of each month in a standard format established by the USMS. The Local Government shall have a comprehensive suicide-prevention program in place incorporating all aspects of identification, assessment, evaluation, treatment, preventive intervention, and annual training of all medical, mental health, and correctional staff. Additional prisoner suicide prevention resources can be found at: se prevention.htm and https:l/nicic.gov. (End of Provision) 20. Prison Rape Elimination Act (PREA) (November 2021) The Facility must post Prison Rape Elimination Act (PREA) brochure/Dulletins in each housing unit of the Facility. The Facility must abide by all relevant PREA regulations at: A All sexual harassment and sexual assaults of or by a USMS prisoner must be reported to the district CDUSM or designee and the POD at: PREAinuinesOusdelsoy. In accordance with PREA, the Facility must arrange for a PREA audit every three (3) years. The Facility must maintain PREA compliance or be actively working towards compliance. Additional resources can be found at: MMMEMMXSENEANA Templates for PREA posters and brochures can be found at: XXAN (End of Provision) 21. PREA Prisoner Incident Reporting (November 2021) PREA posters shall contain information on how to report a sexual assault by using one of the following methods: Speaking with a staff member; the Writing a letter reporting the alleged sexual misconduct to the person in charge or USMS. To ensure confidentiality, use special (Legal) mail procedures; Page 13 of 18 Local Government (initial): Federal Government (initial): Agreement Number 68-06-0007 Filing an Emergency Prisoner Grievance - If you decide your complaint is too sensitive to file with the Officer in Charge, you can file your Grievance directly with the CDUSM, You can get the forms from your housing unit officer, or a Facility supervisor; Writing to the Office of Inspector General (OIG), which investigates allegations of staff misconduct. The address is: Office of Inspector General, U.S. Department of Justice, 950 Pennsylvania Ave. Room 4706, Washington, DC. 20530; or Calling, at no expense to the victim, the OIG. The phone number is 1-800-869-4499. All allegations of sexual abuse reported to Facility staff must be reported and will be investigated. Information concerning the identity of a prisoner victim reporting a sexual assault, and the facts of the report itself, shall be limited to those who have the need to know in order to make decisions concerning the prisoner-victim's welfare and for law enforcement investigative purposes. (End of Provision) 22. Federal Acquisition Regulation (FAR) Agreement Provisions (May 2021) This agreement incorporates the following agreement provisions by reference, with the same force and effect as if it was given in full text. Upon request, the full text will be made available. The full text of this provision may be accessed electronically at: tp.mwacqusitonses Agreement Provisions: FAR 52.222-4 Contract Work Hours and Safety Standards - Overtime (May 2018) FAR 52.222-41 Service Contract Labor Standards. (November 2024) If the Collective Bargaining Agreement in block #15 on page one (1) of this Agreement is checked, the Local Government agrees In accordance with Section 2 (a) and 4 (c) of the Services Contract Act, as amended, employees employed by the contractor (s) in performing services covered by the Collective Bargaining Agreement (s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreements. FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) FAR 52.222-43 Fair Labor Standards Act and the Service Contract Labor Standards Price Adjustment (Multiyear and Option Contracts) (August 2018) The current Local Government per-diem rates shall be the prevailing wages unless notified by the Federal Government. If the Department of Labor Wage Determination in block #15 on page one (1) of this Agreement is checked, the Local Government agrees, in accordance with FAR 52.222.43 (a), (f), that it must notify the Federal Government of any increase or decrease in applicable wages and fringe benefits claimed under this clause within thirty (30) days after receiving a new wage determination. (End of Provision) Page 14 of 18 Local Government (initial): Federal Government (initial): Agreement Number 68-06-0007 23. Guaranteed Minimum Bed Space (September 2021) This IGA does not contain a guaranteed minimum for bed space. (End of Provision) 24. Economic Rate Adjustments (October 2021) The Federal Government will use various price analysis techniques and procedures to ensure the rates established by this agreement is considered a fair and reasonable price. Examples of such techniques include, but are not limited to, the following: a. Comparison of the requested rate with the Independent Government Estimate for detention services, otherwise known as the Core Rate; b. Comparison with rates at other state or local facilities of similar size and economic conditions; of and Federal Government and C. Comparison previously proposed prices previous commercial çcontract prices with current proposed prices for the same or similar items; and d. Evaluation of the provided jail operating expense information. The firm-fixed price per-diem rate for services is stipulated in block #11 on page one (1) of this agreement and shall not be subject to adjustment on the basis of Fayette County Jail actual cost experience in providing the service. The per-diem rate shall be fixed for a period from the effective date of this agreement forward for thirty-six (36) consecutive months. The per-diem rate covers the support of one Federal prisoner per "Federal prisoner day", which shall include the day of arrival, but not the day of departure. The per-diem rate and the guard/transportation hourly rate will remain unchanged during the renewal period(s) unless the Local Government requests an economic rate adjustment. To request a per-diem economic rate adjustment, the Local Government will need to access USMS' Capture system via the Law Enforcement Enterprise Portal (LEEP) at aeAe The Local Government may contact the Agreements Specialist for more information. An economic rate adjustment to either rate can be requested by the Local Government after thirty-six (36) months of continuous performance. Request for economic rate adjustments prior to the ending of the thirty-six (36) month period preceding the most recent rate adjustment shall only be considered if there are extreme circumstances that warrants a review of an out of cycle economic rate adjustment. Granting an out of cycle economic rate adjustment is not guaranteed. To request an out of cycle per-diem economic rate adjustment, the Local Government will need to follow the same instructions as requesting an economic rate adjustment during the renewal period. For the request to be considered, the Local Government must demonstrate that its costs have substantially increased during the current thirty-six (36) month period. The Local Government shall provide the Agreements Specialist documentation to include cost and pricing data to justify Page 15 of 18 Local Government (initial): Federal Government (initial): Agreement Number 68-06-0007 the facility's out of cycle economic rate adjustment request. The request and its supporting documentation are the sole responsibility of the Local Government to provide a complete request package to the Agreements Specialist. Incomplete or missing data may delay the request being processed or causing the request to be denied altogether. Two (2) or more out of cycle economic rate adjustment requests within the same thirty-six (36) month period with an aggregate proposed increase of 25% or more are not permissible under this agreement. (End of Provision) 25. Billing and Financial Provisions (May 2021) The Local Government shall prepare and submit for certification and payment, original and separate invoices each month to each Federal Government component responsible for Federal prisoners housed at the Facility. Address(es) for the component(s) is/are: United States Marshals Service Western District of Pennsylvania 700 Grant Street, Suite 2360 Pittsburgh, PA 15219-1912 Contact Information: (412)-644-3351 U.S. Immigrations and Customs Enforcement Philadelphia Field Office 114 North 8th Street Philadelphia, PA 19107 Contact Information: (215)-656-7164 To constitute a proper monthly invoice, the name and address of the Facility, the name of each Federal prisoner, their specific dates of confinement, the total days to be paid, the appropriate per diem rate as approved in the agreement, and the total amount billed (total days muitiplied by the per-diem rate per day) shall be listed, along with the name, title, complete address, and telephone number of the Local Government official responsible for invoice preparation. Additional services provided, such as transportation and guard services, shall be listed separately and itemized. Nothing contained herein shall be construed to obligate the Federal Government to any expenditure or obligation of funds in excess of, or in advance of, appropriations in accordance with the 31 U.S.C Section 1341 - Limitations on expending and obligating amounts. (End of Provision) 26. Payment Procedures (May 2021) Page 16 of 18 Local Government (initial): Federal Government (initial): Agreement Number 68-06-0007 The Federal Government will make payments to the Local Government at the address listed in block #6 on page one (1) of this agreement. The payments will be made promptly after the district office has received and certified the invoice is correct. (End of Provision) 27. Hold Harmless (May 2021) It is understood and agreed that the Local Government shall fully defend, indemnify, and hold harmless the United States of America, its officers, employees, agents, and servants, individually and officially, for any and all liability caused by any act of any member of the Local Government or anyone else arising out of the use, operation, or handling of any property (to include any vehicle, equipment, and supplies) furnished to the Local Government in which legal ownership is retained by the United States of America, and to pay all claims, damages, judgments, legal costs, adjuster fees, and attorney fees related thereto. The Local Government will be solely responsible for all maintenance, storage, and other expenses related to the care and responsibility for all property furnished to the Local Govèrnment. (End of Provision) 28. Disputes (May 2021) Disputes, questions, or concerns pertaining to this Agreement will be resolved between appropriate officials of each party. Both the parties agree that they will use their best efforts to resolve the dispute in an informal fashion through consultation and communication, or other forms of non- binding alternative dispute resolution mutually acceptable to the parties. (End of Provision) 29. Review of Services (November 2021) Review standards for prisoners may differ among authorized agency users. The Local Government agrees to allow periodic unannounced reviews by Federal Government, to include approved Federal contractors, in accordance with the standards required by any or all of the Federal authorized agency users whose prisoners may be housed pursuant to this Agreement. A summary of inspection findings will be shared with the facility administrator in order to promote improvements to facility operations, conditions of confinement, and levels of sèrvices. If the Federal Government identifies significant finding(s) during the review, the Local Government will provide the Federal Government with a corrective action plan to address the issue(s). (End of Provision) 30. IGA Amendments (May 2021) For all amendments except for full or partial terminations, either party may initiate a request for amendment to this agreement in writing. All amendments negotiated will be effective only upon written approval of both parties. Page 17 of 18 Local Government (initial): Federal Government (initial): Agreement Number 68-06-0007 (End of Provision) 31. Litigation (May 2021) The Federal Government shall be notified, in writing, of all litigation pertaining to this agreement and provided copies of any pleadings filed or said litigation within five (5) business days of the filing. The Local Government shall cooperate with the Federal Government legal staff and the United States Attorney regarding any requests pertaining to Federal Government or Local Government litigation. (End of Provision) 32. The First Step Act (May 2021) This agreement refers the Local Government facility operations and administrations to the following sections of the First Step Act: a. Section 613 of Public Law 115-391 the FIRST STEP Act of 2018 and 18 USC 5043 with respect to any USMS juveniles in custody. b. Section 301 of Public Law 115-391 the FIRST STEP Act of 2018 and that pursuant to USMS policy that these requirements have been adopted for all pregnant and postpartum USMS prisoners, regardless of case status. The postpartum period is twelve weeks after childbirth, miscarriage, or abortion. (End of Provision) (End of Agreement) Page 18 of 18 Local Government (initial): Federal Government (initial): REGISTER OF WAGE DETERMINATION UNDER U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary WAGE AND HOUR DIVISION of Labor WASHINGTON D.C. 20210 Wage Determination No.: CBA-2025-123 Diane Koplewski Division of Revision No.: 0 Director Wage Determinationsl Date Of Last Revision: 03/26/2025 State: Pennsylvania Area: Fayette DEPT JUSTICE US MARSHALS SVC(IGA 68-06-0007) for Prisoner Housing and Employed on U.5. MARSHALS SERVICE contract for Employed on OF Guard/Transport Services. Collective Bargaining Agreement between contractor: County of Fayette, and union: United Mine Workers of America (Prison) Local 3 effective 01/01/2025 through 12/31/2028. In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s)- UNCLASSIFEDILAW ENFORCEMENT SENSITIVE (When Completed) U.S. Department of Justice United States Marshals Service Detention Facility Review FACILITY FACTS FACILITY OVERVIEW Facility Name Physical Address Phone Number Fax Number City State Zip Code County District Contract/Agreement Number Contract/Agreement Type (Private, IGA, LUA) Expiration Date Closest USMS Office Name Driving Time from Closest USMS Driving Distance from Closest Date of Last USMS Detention Office USMS Office Facility Review minutes miles Points of Contact (Administrative, Facility, Intelligence, Medical, PREA, Restrictive Housing, Security) (If needed, use "Other Notes Section" on last page to document more than one point of contact.) Title Name Type of Contact Phone Number Extension Email Address Title Name Type of Contact Phone Number Extension Email Address NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited, Ify you: are not the intended recipient, please contact the sender and destroy all copies of this document. Any Protected Health Information contained in this document is to be used only to aid in providing healthcare services to federal prisoners. Any other use is a violation ofF Federa! HIPAA Law and/or the Privacy Act and will be reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 1 of 27 Rev. 02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIE (When Completed) Title Name Type of Contact Phone Number Extension Email Address Title Name Type of Contact Phone Number Extension Email Address Title Name Phone Number Extension Email Address Type of Contact Title Name Type of Contact Phone Number Extension Email Address Title Name Type of Contact Phone Number Extension Email Address NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. in If you document are not the is intended to be used recipient, please contact the sender and destroy all copies of this document. Any Protected Health Information contained this and only to aid in proyiding healthcare services to federal prisoners. Any other use is a violation of Federal HIPAA! Law and/or the Privacy Act will be reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 2 of 27 Rev, 02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Prisoner Information (Annotate the number of prisoners per category) Adult Male Adult Female Juvenile Male Juvenile Female Total Total Facility Bed Capacity USMS Allocated Beds Facility Average Daily Population (Last 12 Months) USMS Average Daily Population Local/Non-Federal Average Daily Population Bureau of Prisons Average Daily Population ICE Average Daily Population Security Staff Information (Annotate number of authorized and filled positions per facility's staffing plan) Authorized Filled Warden Assistant Warden Chief of Security Shift Supervisors Other Supervisors Corrections Officers Transportation Officers Perimeter Security Restrictive Housing Security Other Security NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all coples of this document. Any Protected Health Information contained in this document is to be used only to aid in providing healthcare services to federal prisoners. Any other use is a viplation of Federal HIPAA Law and/or the Privacy Act and willl be reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 3 of 27 Rev. 02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Medical Staff Information (Annotate number of authorized and filled positions per facility's staffing plan) Authorized Filled Physician Physician's Assistant Nurse Practitioner Registered Nurse Licensed Practical Nurse Mental Health Professional Other Medical Staff Contraband List facility's total number of contraband incidents since last USMS DFR (if applicable). Drugs or Alcohol Drugs or Alcohol Paraphernalia Electronic Devices Electronic Device Accessory Weapon Tool Incidents List facility's total number of incidents since last USMS DFR (if applicable). Suicides Suicide Attempts Escapes Escape Attempts Physical Assaults on Prisoners Physical Assaults on Staff Health Care Grievances Natural Deaths Sexual Assaults on Prisoners Riots/Disturbances Sexual Assaults on Staff Homicides Overdoses Use of Force Excessive Use of Force Overdose Deaths NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. Hfyou document are not the intended be used recipient, please contact the sender and destroy all copies oft this document.. Any Protected Health Information contained in this is to only to aidi in providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPAA Law and/or the Privacy Act and willl be reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 4 of 27 Rev. 02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Was the USMS notified of all incidents involving USMS prisoners? Yes No Incidents Not Reported (Contraband, Suicide, Suicide Attempt, Escapes, Escapes Attempts, Physical Assaults on Prisoners, Physical Assault on Staff, Health Care Grievances, Natural Death, Sexual Assault on Prisoners, Sexual Assault on Staff, Homicides, Riots/Distributions, Overdoses, Use of Force). (If needed, use "Other Notes Section" on last page to document more than one incident.) Incident Type (Use Incident types listed above) Incident Subtype (Leave blank) Date of Incident Remarks Incident Type (Use Incident types listed above) Incident Subtype (Leave blank) Date of Incident Remarks Incident Type (Use Incident types listed above) Incident Subtype (Leave blank) Date of Incident Remarks Incident Type (Use Incident types listed above) incident Subtype (Leave blank) Date of Incident Remarks Incident Type (Use Incident types listed above) Incident Sublype (Leave blank) Date of Incident Remarks NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies oft this document.. Any Protected Health Information contained in this document is tot be used only to aid in providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPAA Law and/or the Privacy Act and will be reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Fomm USM-218 Page 5 of 27 Rev. 02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Court Action (if needed, use "Other Notes Section" on last page to document more than 3 actions) Are there any court orders or pending major litigation affecting the facility? Yes No Select Functional Area Date of Court Filing Case Name/Number Admin & Mgmt Food! Service Health Care Safety & Sanitation Security & Control Service & Programs Select Functional Area Date of Court Filing Case Name/Number Admin & Mgmt Food! Service Health Care Safety & Sanitation Security & Control Service & Programs Select Functional Area Date of Court Filing Case Name/Number Admin & Mgmt Food Service Health Care Safety & Sanitation Security & Control Service & Programs ADMINISTRATION AND MANAGEMENT Policy Development and Monitoring Does the facility maintain policies and procedures that describe facility operations, maintenance and administration? Yes No Do poliçies have a date documenting the last time the responsible facility managerladministrator reviewed the policy to ensure it remains current, accurate, and relevant to the facility's operation? Yes No If 'Yes', Date of Last Internal Review Policy Communication and Access Are policies and procedures communicated to all employees? Yes No Does staff have 24/7 access to policies and procedures? Yes No NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL the information intended which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is contained prohibited. in If this you document are not is to be used recipient, please contact the sender and destroy all copies of this document. Any Protected Health of Federal Information HIPAA Law and/or the Privacy Act and willl be only to aidi in providing healthcare services to federal prisoners. Any other use is a violation reported as such, UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 6 of 27 Rev. 02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Prisoner Property and Money Does the facility properly inventory prisoner property? Yes C. No Does the facility properly store prisoner property? Yes No Does the facility properly return prisoner property? Yes No Does the facility properly inventory prisoner money? Yes No Does the facility properly store prisoner money? Yes No Does the facility properly return prisoner money? Yes C, No Prisoner Release Has the facility erroneously released ANY prisoner(s) during the review period? ) Yes No Total number of non-USMS prisoners erroneously released Total number of USMS prisoners erroneously released Accommodations for Prisoners with Disabilities Does the facility accept prisoners with disabilities? Yes No Are adequate accommodations made available for prisoners with disabilities? Yes No ContingensyEmergeney Plans Does the facility have a written emergency plan in place for situations that threaten facility security? (e.g., riots, hunger strikes, disturbances, escapes, and hostage situations.) C Yes No Does the emergency plan have a date documenting the last time the responsible facility managerladministrator reviewed the policy to ensure it remains current, accurate, and relevant to the facility's operation? Yes C No If'Yes', Date of Last Emergency Plan Review NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of this document. Any Protected Health Information contained in this document is to be used only to aid in providingh healthcare services to1 federal prisoners. Any other use is a violation ofi Federal HIPAA Law and/or the Privacy Act and will be reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 7 of 27 Rev. 02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Is a hard copy of the emergency plan available for incorporation into the district's detention plan? Yes No Does the facility's emergency plan include the USMS prisoners housed at the facility? Yes No Does the facility have a written contingency plan in place for situations involving mass prisoner relocation? (e.g., weather, fire, flooding, facility not habitable.) Yes No Does the contingency plan have a date documenting the last time the responsible facility managerladministrator reviewed the plan to ensure it remains current, accurate, and relevant to the facility's operation? Yes No If Yes, Date of Last Contingency Plan Review Is a hard copy of the contingency plan available for incorporation into the district's detention plan? Yes No Does the facility's contingency plan include the USMS prisoners housed at the facility? Yes No Staff Background Checks Does the facility verify identity of employees prior to hiring via Fingerprints: Yes No Does the facility verify identity of employees prior to hiring via Social Security Number: Yes No Does the facility verify identity of employees prior to hiring via Date of Birth: Yes - No Does the facility verify identity of contractors prior to hiring via Fingerprints: Yes C No Does the facility verify identity of contractors prior to hiring via Social Security Number: Yes No Does the facility verify identity of contractors prior to hiring via Date of Birth: Yes C No Does the façility verify identity of volunteers prior to hiring via Fingerprints: Yes No Does the facility verify identity of volunteers prior to hiring via Social Security Number: Yes No Does the facility verify identity of volunteers prior to hiring via Date of Birth: Yes No Are initial background and reference checks completed for all employees prior to hiring? Yes No NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL the information unauthorized use, disclosure, or distribution is prohibited. Ify you are not intended which is for the sole use of thei intended recipient(s). Any document.. review, Protected Health Information contained' in this document is to be used recipient, please contact the sender and destroy all copies of this other use Any is a violation of Federal HIPAA Law and/or the Privacy Act and will be only to aid in providing healhcare services to federal prisoners. Any reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 8 of 27 Rev.02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Are initial background and reference checks completed for all contractors prior to hiring? C Yes No Are initial background and reference checks completed for ali volunteers prior to hiring? Yes - No Do the background and reference checks include verification of employment history for the past five (5) years? Yes No Do the background and reference checks include verification residency for the past three (3) years? Yes No Do the background and reference checks include credit history to reveal current delinquency? Yes No Do the background and reference checks include credit history to reveal unresolved liens? Yes No Do the background and reference checks include credit history to reveal accounts in collection? Yes No Do the background and reference checks include credit history to reveal court-ordered judgments? Yes No Do the background and reference checks include criminal history to reveal felony convictions? Yes No Do the background and reference checks include criminal history to reveal disqualifying misdemeanor convictions? Yes No Do the background and reference checks include verification that there are no derogatory civil records? Yes No Do the background and reference checks address alcohol dependency? Yes No Do the background and reference checks address drug dependency? Yes No Does the facility conduct re-investigations of employees, contractors, and volunteers? Yes No Ifs so, how often? Reportinglnvestigating Staff Misconduct How many administrative allegations of staff misconduct were reported since the last DFR (if applicable)? How many criminal allegations of staff misconduct were reported since the last USMS DFR (if applicable)? NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited, If you are not thei intended recipient, please contact the sender and destroy all copies of this document. Any Protected Health Information contained in this document is to be used only to aid in providing healthçare services to federal prisoners. Any other use is a violation of Federal HIPAA Law andlor the Privacy Act and will! be reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 9 of 27 Rev. 02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) How many criminal allegations of staff misconduct were reported to law enforcement since the last USMS DFR (if applicable)? Prisoner Anti-Discrimination Does the facility have a prisoner anti-discrimination policy? Yes No #fYes, does the policy address prisoner: Yes No Age? Yes No Disability? les No Equal Pay/Compensation? No Harassment? Yes National Origin? Yes No Yes No Pregnancy? Race/Color? Yes No Yes No Religion? No Retaliation? Yes No Sex? Yes No Sexual Orientation? Yes Sexual Harassment? Yes No Are services, programs, and activities provided to all eligible prisoners? Yes No Prison Rape Elimination Act (PREA) Compliance Does the facility have a PREA compliance program? Yes No Does the program address the following: Zero tolerance toward all forms of sexual abuse and sexual harassment? Yes No No Prevention and response planning? Yes Prisoner training and eduçation? Yes No Employee training and education? Yes No Screening for risk of sexual victimization? Yes No Yes No Reporting and investigations? Yes No Discipline? Medicall mental health care? Yes No Yes No Auditing? Corrective action? Yes No Yes No State compliance? NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipienl(s). Any unauthorized review, use, disclosure, or distribution is prohibited. in If this you document are not the is intended to be used recipient, please contact the sender and destroy all copies oft this document. Any Protected Health Information contained only to aid in providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPAA Law and/or the Privacy Act and will be reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 10 of 27 Rev. 02/25 UNCLASSIFEDILAW ENFORCEMENT SENSITIVE (When Completed) Has the facility had an audit conducted by a DOJ certified PREA auditor within the past 3 years? Yes G No If' 'No'to the previous question, has a DOJ PREA audit been scheduled? Yes No If Yes, what is the scheduled DOJ PREA Audit Date? If "Yes' to the previous question, is a hard copy of the PREA audit available? Yes No If' 'Yes', Audit Date What was the name of the Auditor? Ifa an audit was conducted, how many deficiencies were noted in the last PREA audit? If there were deficiencies, is there a corrective action plan in place? Yes No If Yes, has corrective action taken place? Yes No Reason for not scheduling a PREA audit: Expense of PREA Audit Expense of constructions upgrades Expense of Technology upgrades Unaware of requirement Previous PREA audit failure HEALTH CARE Intake Screening Does the façility have a designated health authority with responsibility for health care services? Yes No Does the facility have policy or procedures for medical, mental health, and dental health screening during intake? Yes No Do all prisoners undergo medical screening during the initial intake process? Yes - No If'No', how long after intake does the medical screening occur? months days NOTICE: This dacument is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use oft the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of this document. Any Protected Health Information contained in this document Is to be used only! to aidi in providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPAA Law andlor the Privacy Act and will be reported as such, UNCLASSIFIEDIILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 11 of 27 Rev. 02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Does the facility ensure TB testing during the initial intake process? Yes No If' 'No, how long after intake does the TB test occur? months days Are TB test results provided to the USMS within 14 days? Yes No If' 'No, when were results provided? months days Do all prisoners undergo mental health screening during the initial intake process? Yes No If' 'No, how long after intake does the mental health screening occur? months days Do all prisoners undergo dental health screening within 14-days after the initial intake process? C Yes No If' 'No, how long after intake does the dental health screening occur? months days Are all comprehensive medical screening results reviewed by a physician? Yes No If Yes, how long after intake does this occur? months days Is a comprehensive health appraisal for each prisoner completed within 14-days after initial intake? Yes No If' 'No', how long after intake does the appraisal occur? months days Are intake medical screening records maintained for every prisoner? Yes No Mediçal, Dental, and Mental Health Does the facility have a medical unit staffed 24/7? Yes No Does the facility employ an on-site mental health professional? Yes No NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of thei intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the is intended used recipient, please contact the sender and destroy all copies of this document. Any Protected Health Information contained in this document to be only to aid in providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPAA Law and/or the Privacy Act and willl be reported as such, UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 12 of27 Rev. 02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Are prisoners with mental health issues identified as part of the vulnerable population? Yes No Are prisoners with mental health issues referred to qualified mental health professionals? 0 Yes No Routine, Chronic, and Emergency Health Services Are all prisoners made aware of the process for requesting health care services? Yes No Does the facility document receipt and disposition of health care requests by prisoners? C Yes No Does the facility document all health care rendered to prisoners? Yes No Does the facility document all health care referrals? Yes No Does the facility document all health care refused by prisoners? : Yes No Does the facility have a policy or procedures for identifying medical emergencies? Yes No Does the facility provide access to prescription medication? Yes No Does the facility participate in the National Manged Care Contract (NMCC) and Pharmacy Program? Yes C No Does the facility have an onsite pharmacy? Yes No Does the facility provide a 7-day supply of prescribed medication upon transfer or release? Yes No Does the facility document responses to prisoner health care grievances? Yes C. No When does the facility respond to health care grievances? Days Response to Medical, Mental and Dental Health Needs Are all prisoners who require health care beyond the capacity of the facility transferred to a facility where such care is available? . Yes No NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITMVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. Hfyou are not the intended recipient, please contact the sender and destroy all copies of this document. Any Protected Health Information contained int this document is to be used only to aidi in providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPAA Law and/or the Privacy Act and will be reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 13 of 27 Rev. 02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Are facility staff certified in CPR and basic first aid? C Yes No With the exception of emergencies, does the facility submit a request to the district to request approval for outside medical services? C Yes No Does the facility immediately notify the district in the event of a USMS prisoner medical emergency? Yes No Suicide Prevention Does the facility have a suicide prevention program? Yes No Does the facility document staff training for prisoner suicide prevention? Yes No Does the facility have procedures for identifying prisoners at risk for suicide? Yes No Does the facility have procedures for monitoring prisoners at risk for suicide? Yes No How often are welfare inspections conducted on suicidal prisoners? Constant Observation Every 15 mins Every 30 mins Every 45 mins Every hour More than 1 hour Never Does the facility report suicidal gestures, remarks, tendencies, and attempts to the USMS? Yes No Does the facility provide mental health services to suicidal prisoners? Yes No Does the facility report restrictive housing of suicidal prisoners to the USMS? Yes No How many suicidal prisoners were placed in restrictive housing during the rating period? Prisoner Death Does the facility have procedures to respond to a. prisoner's death? Yes No Does the facility immediately notify the USMS in the event of a USMS prisoner death? Yes No Does the facility review each prisoner death? Yes No NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL the information intended which is fort the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution Information is contained prohibited. in Ify this you document arer not is to be used recipient, please contact the sender and destroy all copies of this document. Any Protected Health of Federa! Law and/or the Privacy and will be only to aid in providing healthcare services to federal prisoners. Any other use is a violation HIPAA Act reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 14 of 27 Rev. 02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Infectious Disease Does the facility have written plan to address the management and reporting of infectious and communicable diseases? Yes No Does the plan include: HIV? Yes No Tuberculosis? Yes CN No Hepatitis? Yes I No Influenza? Yes No Chlamydia? Yes No COVID? Yes No Ebola? Yes - No HPV? Yes No Salmonella? Yes No Scables? Yes No Zika? Yes No E. coli? Yes No Chicken Pox? Yes No Does the facility report all cases of infectious and communicable diseases to the CDC? Yes No Does the facility report all cases of infectious and communicable diseases to the USMS? Yes No Does the facility have an infectious and communicable disease policy or procedures to: Identify prisoners with infectious and communicable diseases? Yes No Treat prisoners with infectious and communicable diseases? Yes No Quarantine prisoners with infectious and communicable diseases? Yes No Has the facility tested communication with local and federal health authorities? Yes No Does the facility maintain adequate PPE for all staff in the event of a pandemic? C Yes C No Does the facility maintain adequate PPE for all prisoners in the event of a pandemic? Yes No NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of this document. Any Protected Health Information contained in this document is to be used only to aid in providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPAA Law and/or the Privacy. Act and will be reported as such. UNCLASSIFEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 15 of27 Rev. 02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) SECURITY AND CONTROL Correctional Supervision Are correctional officer posts located in, or immediately adjacent to, prisoner living areas so officers can respond promptly to emergency situations? Yes No Does the facility use a minimum of 2 armed officers for prisoners transportation and hospital guarding? Yes No Are prisoners managed and supervised 24 hours a day, 7 days a week? Yes No Security Features Are weekly inspections of all security devices conducted? Yes No Security Inspections Do supervisory staff conduct intermittent security sweeps of all areas prisoners occupy? Yes No Searches and Contraband Does the facility have procedures for searching prisoners for contraband upon arrival to the facility? Yes No Does the facility have procedures for searching prisoners for contraband prior to transporting the prisoner? Yes No Does the facility have procedures for searching prisoners for contraband after prisoner visitation? Yes No Does the facility have procedures for searching prisoners for contraband after work details? Yes No Does the facility notify the USMS if a USMS prisoner is found with contraband? Yes No Prisoner Accountability and Supervision Does the facility have procedures for physically counting prisoners? Yes - No IfYes, provide number of counts per day NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use oft the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. Ify you document are not the is intended to used recipient, please contact the sender and destroy all copies of this document.. Any Protected Health Information contained and/or in this and will be be only to aid in providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPAA Law the Privacy Act reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 16 of 27 Rev. 02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Use of Force Does the facility have procedures for use of force? C Yes No Does the facility document every use of force incident? Yes No Does the facility notify the USMS of every use of force incident involving USMS prisoners? Yes No Does the facility investigate all use of force incidents? Yes No Non-routine Use of Restraints Does the facility have procedures for use of restraints? Yes No Is the use of restraints on pregnant or postpartum USMS prisoners documented? Yes No Does the facility report the use of restraints on pregnant or postpartum USMS prisoners? C. Yes No Number of pregnant USMS prisoners housed during the period: Key Control Are keys controlled and inventoried? Yes No Tools and Culinary Equipment Control Are tools and culinary equipment controlled and inventoried? C Yes No How many missing items were reported during the rating period? Weapons Control Does the facility have procedures for the control and use of firearms and less-than-lethal devices? : Yes C No NOTICE: This document is intended FOR OFFIGIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies oft this document. Any Protected Health Information contained In this document is to be used only to aid in providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPAA Law and/or the Privacy Act and will be reported as such. UNCLASSIFEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 17 of 27 Rev. 02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Prisoner Handbook and Discipline Do prisoners have 24/7 access to a prisoner rule/handbook in English? Yes No Does the prisoner rule/handbook include facility rules and disciplinary procedures for violations? Yes No Do prisoners have 24/7 access to a prisoner rule/handbook in Spanish? Yes No Does the prisoner rule/handbook include facility rules and disciplinary procedures for violations? Yes No Restrictive Housing Does the facility have written procedures for restrictive housing? Yes No Does the facility have written procedures for monitoring prisoners in restrictive housing? Yes No Does the facility immediately report restrictive housing of any USMS prisoner in the vulnerable population? Yes No How many USMS prisoners in the vulnerable population were placed in restrictive housing during the rating period? Does the facility report restrictive housing of every USMS prisoner, monthly to the USMS? Yes No IfYes, how many USMS prisoners were plaçed in restrictive housing since the rating period? How does the facility report restrictive housing to the USMS? Email Invoices Restrictive Housing Module Does the facility have procedures for reintegration of a prisoner from restrictive housing into the general population? Yes No Does the facility notify the prisoner of the reason for restrictive housing? Yes No Does the facility conduct a disciplinary hearing within 7 days? Yes No NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL If the information intended which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution Information is contained prohibited. in this you document are not is to be used recipient, please contact the sender and destroy all copies of this document. Any Protected Health of Federal Law andlor the and will be only to aid in providing healthcare services to federal prisoners. Any other use is a violation HIPAA Privacy Act reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 18 of 27 Rev. 02/25 UNCLASSIFEDILAW ENFORCEMENT SENSITIVE (When Completed) Criminal Organization (If needed, use "Other Notes Section" on last page to document more than 3 organizations.) Does the facility collect criminal organization or security threat group information? Yes No Name of Criminal Organization Category (Leave blank) Organization Level (Leave blank) OID (Leave blank) Remarks Name of Criminal Organization Category (Leave blank) Organization Level (Leave blank) OID (Leave blank) Remarks Name of Criminal Organization Category (Leave blank) Organization Level (Leave blank) OID (Leave blank) Remarks FOOD SERVICE Sanitation Requirements Has the facility been inspected by an external entity within the past 12 months to ensure that the food service and equipment meets established health, sanitation, and safety protocols? Q Yes No If' "Yes', Date of Inspection Were any violations identified? Yes No Have those violations been corrected? Yes C No Was the facility re-inspected to ensure the violations were corrected properly? Yes - No NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is fort the sole use of thei intended recipient(s). Any unauthorized review, use, disciosure, or distribution is prohibited, If you are not the intended recipient, please contact the sender and destroy all copies of this document. Any Protected Health Information contained! in this document is to be used only to aid in providing healthcare services to federal prisoners. Any other use Is a violation of Federal HIPAA Law and/or the Privacy Act and will be reported as such. UNCLASSIFEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 19 of 27 Rev, 02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Adequate and Varied Meals Does the facility provide 3 meals per day? Yes No Does the facility provide a minimum of 2 hot meals per day? Yes No Does the facility provide meals that are nutritionally adequate and varied, as approved by a dietitian? Yes No Does the facility serve meals that match the approved meal menus? Yes No Does the facility provide special meals for prisoner religious or medical needs? Yes No SAFETY AND SANITATION Fire Safety Was an annual fire safety inspection conducted by an external entity? Yes No If'Yes', Date of Inspection Were any violations identified? Yes No Have those violations been corrected? Yes No Was the facility re-inspected to ensure the violations were corrected properly? Yes No Control of Dangerous Materials Does the facility have procedures for the maintenance, inventory, and storage of flammable, toxic, and caustic materials and chemicals? Yes No Does the facility have adequate personal protective equipment for the safe handling of chemicals? Yes No Does the facility receive training on the safe use of each chemical? Yes No Ifyes to the above question, is the training documented? Yes No NOTICE: This document is intended FOR OFFICIAL USE ONLY: and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. If you document are not the is intended to be recipient, please contact the sender and destroy all copies of this document. Any Protected Health' Information contained in this and will used only to aidi in providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPAA Law and/or the Privacy Act be reported as such, UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 20 of 27 Rev. 02/25 UNCLASSIFEDILAW ENFORCEMENT SENSITIVE (When Completed) Clothing, Laundry and Bedding Are all prisoners issued at least two clean sets of temperature appropriate and properly sized clothing, to include uniforms, socks, underwear, t-shirts, braziers, and shoes? C Yes C No Do prisoners have access to laundry facilities, or the ability to have their clothing items washed? Yes No Do all prisoners receive adequate bedding, to include blanket, sheets, mattress and pillow? Yes No How often is bedding washed or exchanged? (Weekly, Every 2 weeks, Every 3 weeks, Monthly, Every other month, Never) Weekly Every 2 Wks Every 3 Wks Monthly Every other month Never Are exceptions to the laundry schedule made when clothes are soiled? Yes No Are exceptions to the linen schedule made when linen and mattresses are soiled? Yes No Are mattresses a minimum of 12 inches from the floor? C Yes No Housing Are single cells a minimum of 56 square feet? Yes No Are double cells a minimum of 72.5 square feet? Yes No Does the facility triple bunk or use boat beds? Yes No How many times did during the rating period? NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all coples of this document.. Any Protected Health Information contained int this document is to be used only to aid in providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPAA Law andlor the Privacy Act and will be reported as such, UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 21 of 27 Rev. 02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Personal Hygiene Are toiletries provided to indigent prisoners at no cost? Yes No Are the following available at no cost: Yes No Soap? IfNo, are all prisoner charged the same fee? Yes No Yes No Toothpaste? If No, are all prisoner charged the same fee? Yes No Yes No Razors? If No, are all prisoner charged the same fee? Yes No Yes No Shampoo? If No, are all prisoner charged the same fee? Yes No Yes No Sanitary Napkins? If No, are all prisoner charged the same fee? Yes No Yes No Tampons? If No, are all prisoner charged the same fee? Yes No Do all prisoners have 24-hour access to an operable toilet? Yes No Do all prisoners have 24-hour access to a washbasin with hot and cold running water? Yes No Physical Facility and Equipment Is the facility kept clean and in good repair? Yes No Is all facility equipment in proper working order? Yes No Is there any evidence or sign of mold? Yes No Is there any evidence or sign of insects? Yes No Is there any evidence or sign of rodents? Yes No NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL the information which is for the sole use of the intended recipient(s).. Any unauthorized review, use, disclosure, or distribution is contained prohibited. in If this you document are not is intended to be used reciplent, please contact the sender and destroy all copies of this document.. Any Protected Health Information Law and/or the and willl be only to aid in providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPAA Privacy Act reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 22 of 27 Rev. 02/25 UNCLASSIFEDILAW ENFORCEMENT SENSITIVE (When Completed) Does the facility have adequate environmental controls to provide for indoor prisoner living conditions with air temperatures maintained between 69 and 76 degrees? Yes No SERVICE AND PROGRAMS Classification, Review, and Housing Does the facility have a procedure for prisoner classification, placement, and management? Yes C. No Does the facility regularly review a prisoner's behavior or circumstances to determine housing placement? Yes No Are all USMS prisoners clearly identified in the facility's classification system? Yes No Copay and Fees Are prisoners charged a fee for haircuts? Yes No If" "Yes', are all prisoners charged the same fee? Yes No Are prisoners charged a fee for meals? Yes No If' "Yes, are all prisoners charged the same fee? Yes No Are prisoners charged a fee for medical co-pay? Yes C. No Ify yes, are all prisoners charged the same fee? Yes No Religious Practices Do prisoners have the opportunity to participate in the religious practice of their faith? Yes No Volunteer Work Assignments Does the facility allow USMS prisoners to hold a job in the facility? Yes No Does the facility ensure that un-sentenced USMS prisoners are not required to hold a job in the facility unless they volunteer to do so? Yes - No NOTICE: This document is intended FOR OFFICIAL USE ONLY: and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not thei intended recipient, please contact the sender and destroy all copies of this document. Any Protected Health Information contained in this document is to be used only to aid in providing healthcare services to federal prisoners. Any other use Is a violation of Federal HIPAA Law andlor the Privacy Act and willl be reported as such. UNCLASSIFIEDIILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 23 of 27 Rev, 02/25 UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Does the facility pay USMS prisoners for services provided during scheduled work hours? Yes No Are USMS prisoners assigned to work outside of the secure perimeter of the facility? Yes No Does the facility document all USMS prisoner work assignments? Yes No Prisoner Grievance Program Does the prisoner grievance protocol include at least one level of appeal? Yes No Does the facility document responses and dispositions of prisoner grievances? Yes No When does the facility respond to the prisoner grievances? Months Days Juvenlles Does the facility house juveniles? If' 'No', move to next section. Yes No Does the facility have procedures for housing juveniles? Yes No Does the facility ensure the special diet, exercise, and education needs of juvenile prisoners are met? Yes No Does the facility place prisoners under 21 who are charged as juveniles in restrictive housing? Yes No Does the facility immediately report restrictive housing of USMS juvenile prisoners? Yes No Does the facility ensure that voluntary and involuntary restrictive housing of prisoners under 21 who are charged as juveniles are removed from restrictive housing every 3 hours? Yes No Exercise and Out-of-Cell Opportunities Does the facility provide prisoners with opportunity for exercise and out-of-cell time? Yes No NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information oft the intended unauthorized review, use, disclosure, or distribution is prohibited. I you are not the intended which is for the sole use recipient(s). Any of this document. Protected Health Information contained in this document is to be used recipient, please contact the sender services and destroy to federal all copies prisoners. Any other use Any is a violation of Federal HIPAA Law and/or the Privacy Act and will be only to aid in providing healthcare reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Fomm USM-218 Page 24 of 27 Rev. 02/25 UNCLASSIFEDILAW ENFORCEMENT SENSITIVE (When Completed) Telephone Access Do prisoners have adequate access to telephones? Yes No Access to the Courts and Legal Materials Do prisoners have access to the courts? Yes No Do prisoners have access to legal material/law library? Yes No Access to Legal Representation Do the prisoners have confidential access to counsel via telephone? Yes No Do the prisoners have confidential access to counsel via written correspondence? Yes No Do the prisoners have confidential access to counsel via visitation? Yes No Visitation Does the facility have a prisoner visitation program? - Yes No Does the prisoner visiting room have barriers to prevent contact visitation? Yes No Mail and Correspondence Can Prisoners send and reçeive mail? Yes No NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s).. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of this document, Any Protected Health Information contained int this documenti is to be used only to aid In providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPAA Law and/or the Privacy Act and will be reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 25 of 27 Rev. 02/25 UNCLASSIFEDILAW ENFORCEMENT SENSITIVE (When Completed) CONCLUSION Other Notes NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of this document. Any Protected Health Information contained in this document is to be used only to aid in providing healthcare services to federal prisoners. Any other use Is a violation of Federal HIPAA Law and/or the Privacy Act and will be reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 26 of 27 Rev. 02/25 UNCLASSIFEDILAW ENFORCEMENT SENSITIVE (When Completed) Additional Points of Contact Title Name Type of Contact Phone Number Extension Email Address Title Name Type of Contact Phone Number Extension Email Address Title Name Type of Contact Phone Number Extension Email Address Detention Facility Review (DFR) Acknowledgment lacknowledge that have completed DFR training within the last 365 days and 1 have a current USM-222, Additional Duty Designation, designating me as a Detention Facility Reviewer. Detention Facility Reviewer Title Date SDUSM Title Date CDUSMUSM Title Date NOTICE: This document is intended FOR OFFICIAL USE ONLY and may contain LAW ENFORCEMENT SENSITIVE OR CONFIDENTIAL information which is for the sole use oft the intended recipient(s).. Any unauthorized. review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy ail copies of this document. Any Protected Health Information contained in this document is to be used only to aid In providing healthcare services to federal prisoners. Any other use is a violation of Federal HIPAA Law and/or the Privacy Act and willl be reported as such. UNCLASSIFIEDILAW ENFORCEMENT SENSITIVE (When Completed) Form USM-218 Page 27 of 27 Rev, 02/25 LEASE MADE this 17th day of April 2025. by and between AMJ Real Estate Holdings 1165 National Pike, Uniontown, Pennsylvania 15401, hereinafter referred to as "LESSOR" and THE COUNTY OF FAYETTE, a municipal subdivision ofthe Commonwealth ofPennsylvania, having an address of61 East Main Street, Uniontown, Fayette County, Pennsylvania, hercinafter referred to as "LESSEE". WHEREAS LESSOR is the owner of certain premises known as 1176 National Pike. Hopwood, Pennsylvania 15445: and WHEREAS LESSOR desires to build renovations to the existing structure to provide certain office space in accordance with the specifications, as attached and referred to as Exhibits "A" and "B": and WHEREAS LESSEE desires to lease from LESSOR, who desires to lease and demise to LESSEE, that certain office space of said building along with a paved lined parking lot having more than 20 parking spaces with designated handicap parking located on the above-referenced premises to be used to house the office ofMagisterial District No. 14-2-01; and WHEREAS LESSOR confirms that the subject existing building and proposed new construction add on shall or will meet all applicable building codes, applicable zoning and use ordinances and- other appliçable requirements for the LESSEE to enter this Lease and take possession and occupancy in accordance with the provisions of this Lease. NOW, THEREFORE, intending to be legally bound hereby within the meaning of the Uniform Written Obligations Act and in consideration ofthe mutual covenants hereinafter contained, they hereto agree as follows: 1. All the foregoing recitals herein arei incorporated by reference thereto. 2. LESSOR hereby leases and demises to LESSEE, who leases from LESSOR, a commercial space on the premises of LESSOR above described for the purpose of housing the office of Magisterial District No. 14-2-01 under the terms, conditions and restrictions hereinafter contained. 3. The term of this Lease shall commence October 1, 2025, and end September 31, 2035, with two (2) percent increases. This Lease may be renewed for an additional term often (10)years with yearly three (3) percent increases, monthly rent to be reset to $4180.13 beginning October 1, 2035, ifadditional term is agreed to by both parties. In the event LESSEE does not wish to renew this Lease for an additional term often (10) years, LESSEE shall provide written notice to LESSOR no later than April I, 2035, that LESSEE will not renew the Lease. 4. The parties hereto agree that the existing space will be renovated and office space consisting of3938 SFshall be remodeled by LESSOR for a cost not to excecd $85,000 to bereimbursed to LESSOR by LESSEE thru an additional subsidized monthly payment for the: initial term ofthe Lease for use by Magisterial District No. 14-2-01. 5. The parties hereto agrec that in the event Magisterial District No. 14-2-01 is merged or dissolved by reason ofCourt Order, or this Lease is terminated by LESSEE for reason, with a six (6) months' notice, this Lease will become null and void and thc LESSEE shall be released from any liability hereunder, excepting the unamortized costs of improvement which shall be considered liquidated damages. Such an amount shall be considered for full consideration for any loss incurred by LESSOR and shall be computed by multiplying the remainder of the Lease period in months by $943.67. This provision shall expire and have no effect after June 31, 2035. If LESSOR terminates this Lease. LESSOR shall provide six (6) months' written notice tol LESSEE and LESSEE shall not beresponsible for any ofthe improvement costs listed herein. 6. IfLESSEE shall remain in possession of all or any part of the demised Premises after theterm hereof, or any extension thereof under Paragraph 3 hereof, then LESSEE shall be deemed a tenant ofthe demised premises from month to month at the same rate and subject to all of the other terms, conditions and provisions hereof as existed immediately prior to the commencement ofsuch month-to-month tenancy. 7. During the initial term, LESSEE hereby agrees to pay LESSOR the sum of $4,339.54 for cach month, payable on the Ist day of each month of the term beginning October 1, 2025, and ending September 31, 2035, with yearly two (2) percent increases as listed below. All rents unpaid after September 31, 2035, based on the terms ofthis Lease Agreement shall be paid upon execution of the Lease. a. Monthly Rent Payment 10/01/2025 thrn 09/31/2026 $4,339.54 b. Monthly Rent Payment 10//01/2026 thru 09/31/2027 $4407.45 C. Monthly Rent Payment 10//01/2027 thru 09/31/2028 $4,476.73 d. Monthly Rent Payment 10//01/2028 thru 09/31/2029 $4,547.39 e. Monthly Rent Payment 10//01/2029 thru 09/31/2030 $4,619.47 f. Monthly Rent Payment 10//01/2030 thru 09/31/2031 $4,692.98 g. Monthly Rent Payment 10//01/2031 thru 09/31/2032 $4,4767.97 h. Monthly Rent Payment 10//01/2032 thru 09/31/2033 $4,844.45 i. Monthly Rent Payment 10//01/2033 thru 09/31/2034 $4,922.47 j. Monthly Rent Payment 10//01/2034 thru 09/31/2035 $5,002.05 8. During the term of this Lease, LESSOR shall be responsible for interior and exterior repairs and maintenance, snow removal, garbage, lawn care, property insurance and real estate taxes. LESSEE shall be responsible for electric, gas, water, sewage, telephone, cable and janitorial services. 9. LESSEE shall provide its own insurance covering the contents of the demised Premises from fire, theft and other catastrophes, as well as its own liability -2- insurance and such other insurance as may be required or necessary for LESSEE to operate the Magisterial Office for which this Leasc is made. Upon requcst of LESSOR, LESSEE agrees to provide proof that such insurance. particularly liability insurance, is in full force and effect during the term hereof. 10. It is hereby acknowledged that the demised premises and the building in which it is contained may not follow the Amcricans with Disabilities Act of 1990, 42 U.S.C.S. 09101-09213 inclusive, as amended (ADA) and that no audit of thc said premises and building to determine such compliance has been conducted. For that reason. it is hercby agreed that: a. LESSOR will be solcly responsible for the cost ofmaking such improvements, alterations, modifications to the common area of the building, including core as are defined by ADA. common area restrooms and all other parts of the common arca in the building as are required to bring it into ADA compliance: and b. In the event LESSEE shall make improvements or alterations to the premises devised by this Lease, LESSEE will be solely responsible for the cost and expenseofassuring that thesei improvements and alterations complywithADA except that any work done by LESSEE which LESSOR would have been required to do even if this Lease had not been executed shall be done at the sole cost and expense of LESSOR. 11. LESSOR may enter the premises, for nonpayment of rent, either by force or otherwise. if permitted by law. 12. LESSOR hereby reserves the right to enter upon the premises at all reasonable times with prospective purchasers or renters, for the purpose ofshowing the property, ifLESSOR shall give LESSEE reasonable notice of such showing and shall not unreasonably interfere with LESSEE's peaceful enjoyment ofthe demised premises or the operations ofthe Magisterial Office housed therein. 13. LESSEE may not remove or attempt to remove any goods or chattels from said premises while any portion of the rent for the full term remains unpaid. 14. The premises are not to be underlet, or this Lease transferred, without LESSOR'S consent, under penalty ofinstant forfeiture and right ofre-entry for such breach. Upon expiration ofthis Lease, thej property is to be surrendered in as good order as it now 1S, reasonable wear and tear and accident by fire alone except without further notice from said LESSOR. 15. On failure of LESSEE to pay any installment of rent as due, or remove from the premises at its termination, then LESSOR may, at its option, declare the Lease terminated. -3- 16. LESSOR shall be solely responsible for the construction and renovation of said interior and exterior premises to the. specifications attached as Exhibit "A". subject to prior approval of said construction and renovations given by the Court's representative, Lori Lambie, or their approved Court designce. LESSOR acknowledges receipt and understanding of the said specifications as provided prior to entering this Lease. LESSEE may erect signage on the building and premises. at their sole cost, in accordance with applicable laws. 17. LESSOR shall have said premises ready for occupancy and possession 180 business days after the execution of the Lease, with the County's representative. Lori L. Lambie, Deputy Court Administrator. This Agreement represents the entire understanding between the parties and no mod fication of the terms hereof: shall be effective unless evidenced by writing dated and executed by thc parties with the same formality as is this Lease. IN WITNESS WHEREOF, the parties set their hands and seal the day and year first above written. LESSOR AMJ Real Estate Holdings BY: WITNESS: Authorized: Alan George Pres BY: Authorized: Matthew George- VP COUNTY OF FAYETTE LESSEE RESOLUTION # BY: ATTEST: Scott Dunn, Chair BY: Vincent A. Vicites, First Vice Chair BY: David Lohr, Second Vice Chair -4- ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF FAYETTE On this, the day of - 2025, before me, the undersigned authority. personally appeared Matt George and Alan George, President & VP respectively. of AMJ Real Estate Holdings, and having full power and authority to do sO, and known to me or satisfactorily proven to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, hereunto set my hand and official seal. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF FAYETTE On this, the day of- 2025, before me, the undersigned authority, personally appeared DAVID LOHR, VINCENT A. VICITES and SCOTT DUNN, Commissioners of Fayette County, and having full power and authority to do sO, and known to me or satisfactorily proven to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, Ihereunto set my hand and official seal. Notary Public My Commission Expires: -5- BEISED 4825 e MIBHED INTERIOR SPACE E h I B gl (i - o B3 44 i : (e) % 6 de B B 8; df 5 e & 8, - : 8 ORRE lo 8 22 15 ORA a 6: : : Ai R E - 5 0a I Dr g 8 19) DMANEImE a: L= MAGISTERIAL DISTRICT JUDGE MOUNTAINO CREEK PROPERTY SUITE FLOOR PLAN AET JUOGE P SOUTHUNIONT FORMER TOWNSHP. E PA : E Exhibit "B" Proposed Improvements to the Leased Property: The current open space to be leased shall be designed to accommodate: 0 New District Judge Office 0 New District Judgc Court Room o Additional Restroom Facility a Additional Detention Facilities D New Inmate Entrance (Rear of Building) 0 Mechanical Room 0 Attorey/Client Conference Room Secured waiting area 0 Attorney Conference Room 0 Repaint walls 0 New Flooring 0 New Ceiling Tile 0 As discussed AMJ will have full access to existing materials at the current office location for various materials needed in the renovation of 1176 National Pike. LESSOR is not responsible for the following: Security System Phone/Data System Kitchen Appliances Signage on Building Any other items not specifically agreed to Exhibit "C" District Court 14-2-01 Proposed Option Calendar Monthly % Construction Total Year Year Rent Increase Loan Percentage Rent 2025 1 $3395.87 2 $943.67 6% $4,339.54 Option Period 1 2026 2 $3,463.78 2 $943.67 6% $4,407.45 Option Period I 2027 3 $3533.06 2 $943.67 6% $4,476.73 Option Period 1 2028 4 $3603.72 2 $943.67 6% $4,547.39 Option Period 1 2029 5 $3675.80 2 $943.67 6% $4,619.47 Option Period 1 2030 6 $3749.31 2 $943.67 6% $4,692.98 Option Period 1 2031 7 $3824.30 2 $943.67 6% $4,767.97 Option Period 1 2032 8 $3900.78 2 $943.67 6% $4,844.45 Option Period 1 2033 9 $3978.80 2 $943.67 6% $4,922.47 Option Period I 2034 10 $4058.38 2 $943.67 6% $5,002.05 Option Period 1 2035 1I $4180.13 3 $0.00 $4180.13 Option Period 2 2036 09 $4305.53 3 $0.00 $4305.53 Option Period 2 2037 13 $4434.69 3 $0.00 $4434.69 Option Period 2 2038 14 $4434.69 3 $0.00 $4434.69 Option Period 2 2039 15 $4704.77 3 $0.00 $4704.77 Option Period2 2040 16 $4845.91 3 $0.00 $4845.91 Option Period 2 2041 17 $4991.29 3 $0.00 $4991.29 Option Period 2 2042 18 $5141.03 3 $0.00 $5141.03 Option Period 2 2043 19 $5295.26 3 $0.00 $5295.26 Option Period 2 2044 20 $5454.12 3 $0.00 $5454.12 Option Period 2 Note: Construction Loan is $85,000@ 6%, Term 10 years= $943.67/Mo.