05-15-2018 Business Meeting PKT
BOARD OF SUPERVISORS
BUSINESS MEETING
Tuesday, May 15, 2018 – 7:00 PM
Pittsylvania County General District Courtroom
Edwin R. Shields Courthouse Addition, 11 Bank Street
Chatham, Virginia 24531
AGENDA
(ALL VOTES SHALL BE ROLL CALL VOTES)
1. CALL TO ORDER (7:00 PM)
2. ROLL CALL
3. MOMENT OF SILENCE
4. PLEDGE OF ALLEGIANCE
5. AGENDA ITEMS TO BE ADDED
6. APPROVAL OF AGENDA
7. CONSENT AGENDA
a. Minutes: April 17, 2018, Work Session and Business Meeting; May 8, 2018
Legislative Committee Meeting; May 10, 2018, Solid Waste Committee Meeting
(Staff Contact: Kaylyn M. McCluster)
b. Proclamation: Business Appreciation Week (June 4-8, 2018); (Staff Contact:
Matthew D. Rowe); (Attending to accept will be: Paul Irwin, Chair, Danville
Pittsylvania County Chamber of Commerce; Chatham First Representative, Alisa
Davis; and Gretna Merchants' Association Representative, Diana Burkholder)
c. Proclamation: National Dairy Month; June (Staff Contact: Kaylyn M. McCluster)
d. Resolution 2018-05-02: Ringgold Industrial Parkway and Kentuck Road Intersection
Improvement (Staff Contact: Matthew D. Rowe)
e. Resolution 2018-05-03: County EMS License (Staff Contact: Chris C. Slemp)
f. JT Minnie Maude Trust Application Authorization (Staff Contact: Chris C. Slemp)
g. Proposed Memo of Understanding (PIO); (Staff Contact: Jim E. Davis)
h. Contract for Medical Services for Jail (Staff Contact: Richard N. Hicks)
Business Meeting - May 15, 2018
i. Award of Bid on Courthouse Janitorial Services (Staff Contact: Richard N. Hicks)
j. Award of Bids for Lawn Maintenance (Staff Contact: Richard N. Hicks)
k. Vehicle Maintenance and Repair Contract (Staff Contact: Richard N. Hicks)
l. Bulldozer Purchase (Staff Contact: Richard N. Hicks)
m. Fire and EMS Department Services MOA (Staff Contact: Chris C. Slemp)
n. Amthor Revised Performance Agreement (Staff Contact: Matthew D. Rowe)
8. PRESENTATIONS
1. Amthor Expansion Update (Staff Contact: Matthew D. Rowe); (Presenter: Brian
Amthor)
9. HEARING OF THE CITIZENS
Each person addressing the Board under Hearing of the Citizens shall be a resident or
land owner of the County, or the registered agent of such resident or land owner. Each
person shall step up, give his/her name and district in an audible tone of voice for the
record, and unless further time is granted by the Chairman, shall limit his/her address to
three (3) minutes. No person shall be permitted to address the Board more than once
during Hearing of the Citizens. All remarks shall be addressed to the Board as a body
and not to any individual member thereof. Hearing of the Citizens shall last for a
maximum of forty-five (45) minutes. Any individual that is signed up to speak during
said section who does not get the opportunity to do so because of the aforementioned
time limit, shall be given speaking priority at the next Board meeting. Absent
Chairman’s approval, no person shall be able to speak who has not signed up.
10. PUBLIC HEARINGS
A. Rezoning Public Hearings
Pursuant to Article V, Division 6, of the Pittsylvania County Zoning Ordinance, the
Board of Supervisors have been empowered to hear and decide specific zoning issues
and zoning map changes in support of said Ordinance. In accomplishing this
important task, the Board is responsible for promoting the health, safety, and general
public welfare of the citizens of Pittsylvania County. The Board must ensure that all
of its decisions and regulations be directed to these goals and that each be consistent
with the environment, the comprehensive plan, and in the best interest of Pittsylvania
County, its citizens, and its posterity.
Case 1: Public Hearing: Rezoning Case R-18-008; Richard Adam Gillespie; Dan
River Election District; R-1, Residential Suburban Subdivision District to
A-1, Agricultural District (Staff Contact: Gregory L. Sides)
Case 2: Public Hearing: Rezoning Case R-18-009; Jo Ann Pyles; Banister
Election District R-1, Residential Suburban Subdivision District to RMF,
Residential Multi-Family District (Staff Contact: Gregory L. Sides)
Business Meeting - May 15, 2018
B. Other Public Hearings
Each person addressing the Board under a Public Hearing shall step up, give his/her
name and district, and/or his/her place of residency for non-County citizens, in an
audible tone of voice for the record, and unless further time is granted by the
Chairman, shall limit his/her address to three (3) minutes; speakers for a group shall be
limited to ten (10) minutes. Speakers shall conclude their remarks at that time, unless
the consent of the Board is affirmatively given to extend the speakers allotted time.
Absent Chairman’s approval, no person shall be able to speak who has not signed up.
1. Public Hearing: VDOT Secondary Six-Year Improvement Plan (Staff Contact:
Gregory L. Sides); (Presenter: Joseph A. Craddock, VDOT)
2. Public Hearing: Revisions to Chapter 9 (Vehicle License) of the Pittsylvania County
Code (Staff Contact: J. Vaden Hunt)
3. Public Hearing: Revisions to Chapter 17 (Solid Waste Disposal) of the Pittsylvania
County Code (Staff Contact: J. Vaden Hunt)
4. Public Hearing: Revisions to Chapter 25 (Procurement Policy) of the Pittsylvania
County Code (Staff Contact: J. Vaden Hunt)
5. Public Hearing: Revisions to Pittsylvania County Code Section 36-1 (Assessment for
Courthouse Construction, Renovation, or Maintenance) (Staff Contact: J. Vaden
Hunt)
6. Public Hearing: Solid Waste Enterprise Fund Budget Amendment (Staff Contact:
Kimberly G. Van Der Hyde)
11. UNFINISHED BUSINESS
12. NEW BUSINESS
a. Letter of Agreement: Tobacco Grant; Cane Creek Centre Shell Building (Staff
Contact: Gregory L. Sides)
b. Letter of Agreement: Tobacco Grant; Shell Building for Project Apple (Staff
Contact: Gregory L. Sides)
13. APPOINTMENTS
a. Appointment: CPMT Board (Staff Contact: Richard Hicks)
b. Re-appointment: Institute for Advanced Learning and Research Board of Trustees;
Joyce Wright (Staff Contact: Kaylyn M. McCluster)
14. MATTERS FROM WORK SESSION (IF ANY)
a. Gunn Garland CDBG Application (Staff Contact: Gregory L. Sides)
15. BOARD MEMBER REPORTS
16. COUNTY ADMINISTRATOR REPORTS
Business Meeting - May 15, 2018
17. CLOSED SESSION
1. Consultation with legal counsel employed or retained by a public body regarding
specific legal matters requiring the provision of legal advice by such counsel.
Nothing in this subdivision shall be construed to permit the closure of a meeting
merely because an attorney representing the public body is in attendance or is
consulted on a matter. (Staff Contact: J. Vaden Hunt)
(1) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Department of Social Services
Purpose: Discussion of Employment Issues/Concerns
2. Discussion concerning a prospective business or industry or the expansion of an
existing business or industry where no previous announcement has been made of the
business' or industry's interest in locating or expanding its facilities in the community.
(Staff Contact: Matthew D. Rowe)
(1) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matter: Project Calcium
Purpose: Prospective Business Update
18. RETURN TO OPEN SESSION AND CLOSED SESSION CERTIFICATION
1. Closed Session Certification
19. ADJOURNMENT
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Minutes: April 17, 2018, Work Session and Business Meeting; May 8,
2018 Legislative Committee Meeting; May 10, 2018, Solid Waste
Committee Meeting (Staff Contact: Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: May 15, 2018 Item Number: 7.a
Attachment(s):
04-17-2018 WS Meeting Minutes - DRAFT
04-17-2018 BOS Business Meeting Minutes - DRAFT
05-08-2018 Legislative Committee Meeting Minutes - DRAFT
05-10-2018 Solid Waste Committee Meeting Minutes - DRAFT
Reviewed By:
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Board of Supervisors
Work Session
April 17, 2018
Pittsylvania County Board of Supervisors
Work Session
April 17, 2018
VIRGINIA: The Work Session of the Pittsylvania County Board of Supervisors began
at 4:30 PM on Tuesday, April 17, 2018 in the Main Conference Room of the County
Administration Building, located at 1 Center Street in Chatham, Virginia 24531. The following
members were present:
Joe B. Davis Dan River District
Ronald S. Scearce Westover District
Ben L. Farmer Callands-Gretna District
Robert W. Warren Chatham-Blairs District
Dr. Charles H. Miller, Jr Banister District
The Honorable Elton W. Blackstock, Staunton River District, and the Honorable Tim R.
Barber, Tunstall District, were absent.
Mr. David M. Smitherman, County Administrator/Clerk of the Board; Mr. J. Vaden Hunt
Esq., County Attorney; Mr. Greg L. Sides, Assistant County Administrator for Planning &
Administration, Mr. Richard Hicks, Assistant County Administrator for Operations, Mrs.
Kimberly Van Der Hyde, Director of Finance, The Honorable Mike Taylor, Sheriff, and Mrs.
Kaylyn McCluster, Deputy Clerk, were also present.
Approval of Agenda
Motion was made by Dr. Miller, seconded by Mr. Farmer, to approve the Agenda, which
was unanimously approved by Board members present.
Presentations
Mr. Jay Craddock from VDOT presented the Secondary Road Six (6) Year Improvement
Plan. He proposed Roark’s Mill, Hudson, and Darby Roads be added. Mr. Craddock stated
there were over one hundred fifty (150) unpaved roads in Pittsylvania County, and offered his
opinion on the roads he thinks would be good candidates to add to the plan. Darby Road is a 2.2
mile road on the West side of Gretna. Hudson Road is in the Straightstone area, which is a dead
end road, and it is listed at 1.2 miles, and that gets paved just past the last house; not to the end of
the road. Roark’s Mill Road is in the Hurt area at Business 29, and there is about .6 of a mile
that is not paved at this time. Mr. Sides stated that Mr. Craddock looks at the roads that VDOT
gets a lot of calls about and there are a lot of houses on. He stated that Roark’s Mill Road is the
road that will access the Runk and Pratt Retirement Community right outside of Hurt. Mr.
Craddock stated that these roads would be added in FY2024, but if the Board declared it as a
rural rustic if Runk and Pratt chose to improve the road themselves with their money they would
be able to do so at an earlier date and not have to build it to design standards. Mr. Warren
questioned if there was a program where if Roark Mill Road was already on the plan, but Runk
and Pratt decided to do it earlier if they could get reimbursed. Mr. Craddock stated that the
County could apply for revenue sharing and Runk and Pratt could put up fifty (50) percent and
submit their application by the end of October. Mr. Warren requested that staff look into that
and also requested a list of all unpaved roads in the County. Mr. Scearce asked for an
explanation of how roads become paved. Mr. Farmer thanked Mr. Craddock for adding Darby
Road to the list. He stated that he had a lot of complaints about that road. Mr. Davis requested
7.a.a
Packet Pg. 6 Attachment: 04-17-2018 WS Meeting Minutes - DRAFT (1155 : Minutes)
Board of Supervisors
Work Session
April 17, 2018
follow up on two (2) roads in his district. Mr. Craddock stated that last year they received
$157,000 for street widening in Pittsylvania County, and if they get the money again th is year,
the plan is to go to Route 844, Mount Cross Road. There are two (2) miles along there that is not
widened, and it runs about $80,000 per mile to do the widening. Craddock stated they would
know if the money was available in June. There was consensus to add the projects and to
advertise for a public hearing in May.
Dr. Jones, Pittsylvania County Schools Superintendent, gave a presentation on the
school’s intended use for the Armory. The schools have a “Ready for Success” program that
provided short-term intervention for elementary students experiencing behavioral difficulties.
The program is in its second year of operation and eighty-eight percent (88%) of its students
have been returned to their base school, with a 0% recidivism rate. This program is currently
housed in the Pittsylvania County School System’s STEM Academy, but it provides limited
opportunity for growth. Presently, the program capacity is capped at ten (10) students, but
moving into the Armory would allow for two (2) classes and would double the capacity of
students served. Dr. Miller asked about potential CSA savings and Dr. Jones estimated about 1.4
million per year, with that being a 75/25 split with the State. Mr. Davis asked ab out security at
that location. Dr. Jones stated that school systems are not concerned with security with students
for grades K-5. Also being in the Town of Chatham there would be easy access to Deputies if
needed. Mr. Smitherman stated that the project is in the permitting process with the Town of
Chatham. Dr. Jones stated that he met with Town Council, and they have turned it over to a
subcommittee, and he has also met with Mr. Black, who is Chairman of that committee, but they
are waiting to hear back.
Staff Reports
Mr. Hicks spoke regarding the Cherrystone Dam Economic Analysis. He stated that the
NCRS completed an economic analysis to evaluate the costs and benefits of purchasing flood
easements or land rights to the top of the dam versus the crest of the auxiliary spillway. This was
to fully understand the issues surrounding the potential for induced damages arising from flood
water that backs up behind the dam during major storm events. There were five (5) different
alternatives to move the project forward to the next step. Mr. Hicks recommended, at this point,
the Board stick with Option One (1), which is to do nothing, i.e., accept the potential flood risk
for flood events greater than the elevation of the crest of the auxiliary spillway. Hicks stated that
he was just looking for consensus on going with Option One (1).
The Honorable Mike Taylor, Sheriff, spoke on the VA Rules Camp Grant. This is a
camp he holds the first part of the summer in the Sutherlin community, and they usually have
forty (40) to forty-five (45) students they transport to and from this day camp. This camp is
provided at no cost for the students. This is a reimbursable State grant that gives up to five
thousand dollars ($5,000). The students that attend this summer camp are identified at the
schools by the guidance counselors; some of the students are at risk students. Mr. Davis stated
that he had been to this camp before and commended how well it was run.
Mr. Smitherman notified the Board that there would be a request for items to be added to
the agenda at the Business Meeting; one (1) related to the recent storm, one (1) relating to
acquisition of equipment for the Landfill, and a storm related tipping fee waiver. Mr. Hicks gave
a quick overview on the request of a pan scraper for the Landfill. Mr. Warren also brought to the
7.a.a
Packet Pg. 7 Attachment: 04-17-2018 WS Meeting Minutes - DRAFT (1155 : Minutes)
Board of Supervisors
Work Session
April 17, 2018
Board’s attention an item on the consent agenda, purchase of iPad by a former employee. He
stated that there needed to be a policy established. Mr. Farmer requested that it be postponed
until they could hold a Legislative Committee Meeting.
Closed Session
Motion made by Mr. Scearce, seconded by Mr. Farmer, to enter into Closed Session,
which was unanimously approved by Board members present.
a. Closed Session - Discussion concerning a prospective business or industry or the
expansion of an existing business or industry where no previous announcement has
been made of the business' or industry's interest in locating or expanding its facilities
in the community.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matter: Project Alphabet
Purpose: Prospective Business Update
(2) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matter: Project Big Sky
Purpose: Prospective Business Update
(3) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matter: Project Homeland
Purpose: Prospective Business Update
(4) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matter: Project 1200
Purpose: Prospective Business Update
(5) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matter: Project Calcium
Purpose: Prospective Business Update
b. Closed Session - Consultation with legal counsel employed or retained by a public
body regarding specific legal matters requiring the provision of legal advice by such
counsel. Nothing in this subdivision shall be construed to permit the closure of a
meeting merely because an attorney representing the public body is in attendance or
is consulted on a matter.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Mountain Valley Pipeline
Purpose: Discussion of Pipeline Legal Issues
7.a.a
Packet Pg. 8 Attachment: 04-17-2018 WS Meeting Minutes - DRAFT (1155 : Minutes)
Board of Supervisors
Work Session
April 17, 2018
The Board entered into Closed Session at 5:25pm.
Upon a Motion by Dr. Miller, seconded by Mr. Davis, the Board re-entered Open Session
at 6:26 pm and the following Certification was recorded:
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CERTIFY CLOSED MEETING
BE IT RESOLVED that at the Work Session of the Pittsylvania County Board of
Supervisors on April 17, 2018, the Board hereby certifies by a recorded vote that to the best of
each board member’s knowledge only public business matters lawfully exempted from the open
meeting requirements of the Virginia Freedom of Information Act and identified in the motion
authorizing the closed meeting were heard, discussed or considered in the closed meeting. If any
member believes that there was a departure from the requirements of the Code, he shall so state
prior to the vote indicating the substance of the departure. The statement shall be recorded in the
minutes of the Board.
Vote
Tim R. Barber Absent
Elton W. Blackstock Absent
Joe B. Davis Yes
Ben L. Farmer Yes
Charles H. Miller, Jr. Yes
Ronald S. Scearce Yes
Robert W. Warren Yes
Adjournment
Mr. Warren adjourned the meeting at 6:27 pm.
__________________________________________
Robert W. “Bob” Warren, Chair
Pittsylvania County Board of Supervisors
__________________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
7.a.a
Packet Pg. 9 Attachment: 04-17-2018 WS Meeting Minutes - DRAFT (1155 : Minutes)
Board of Supervisors
Business Meeting
April 17, 2018
Pittsylvania County Board of Supervisors
Business Meeting
April 17, 2018
VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was
held on Tuesday, April 17, 2018, in the General District Courtroom of the Edwin R. Shields
Courthouse Addition in Chatham, Virginia 24531. Chairman Robert W. “Bob” Warren called
the Meeting to order at 7:00 p.m. The following members were present:
Tim R. Barber Tunstall District
Joe B. Davis Dan River District
Ronald S. Scearce Westover District
Ben L. Farmer Callands-Gretna District
Robert W. Warren Chatham-Blairs District
Dr. Charles H. Miller, Jr., Banister District
The Honorable Elton W. Blackstock, Staunton River District, was participating remotely
during the Business Meeting and was on the phone when roll call was taken. He was at the
Founders Inn & Spa, located at 5641 Indian River Road in Virginia Beach, Virginia 23464, on
business. The telephone number that was dialed was (434)-944-1490, and he participated in the
entire Business Meeting.
Mr. David M. Smitherman, County Administrator/Clerk of the Board; Mr. J. Vaden Hunt
Esq., County Attorney; Mr. Greg L. Sides, Assistant County Administrator for Planning &
Administration, Mr. Richard Hicks, Assistant County Administrator for Operations, Mrs.
Kimberly Van Der Hyde, Director of Finance, and Mrs. Kaylyn McCluster, Deputy Clerk were
also present.
Mr. Warren led the Moment of Silence, followed by the Pledge of Allegiance.
Agenda Items to be Added
Motion by Mr. Farmer, seconded by Mr. Scearce, to add the following items to the
agenda: Consent 7(j) Declaration of Emergency; New Business 12(e) Landfill Equipment
Purchase – Pan Scraper, 12(f) Storm Related Tipping Fee; and 12(g) VA Rules Grant Program.
Motion was amended by Mr. Farmer, seconded by Mr. Scearce, to also table item 7(i)
Purchase of iPad, until May meeting. The following Roll Call Vote was recorded: Mr. Barber-
Yes; Mr. Blackstock-Yes; Mr. Davis-Yes; Mr. Farmer-Yes; Dr. Miller-Yes; Mr. Scearce-Yes;
and Mr. Warren-Yes. Motion unanimously approved by the Board.
Approval of Agenda
Motion by Mr. Barber, seconded by Mr. Davis, to approve the agenda and the following
Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Blackstock-Yes; Mr. Davis-Yes; Mr. Farmer-
Yes; Dr. Miller-Yes; Mr. Scearce-Yes; and Mr. Warren-Yes. Motion was unanimously approved
by the Board.
Consent Agenda
7.a.b
Packet Pg. 10 Attachment: 04-17-2018 BOS Business Meeting Minutes - DRAFT (1155 : Minutes)
Board of Supervisors
Business Meeting
April 17, 2018
Motion by Mr. Davis, seconded by Mr. Barber, to approve Consent Agenda, and the
following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Blackstock-Yes; Mr. Davis-Yes;
Mr. Farmer-Yes; Dr. Miller-Yes; Mr. Scearce-Yes; and Mr. Warren-Yes. Motion unanimously
approved by the Board.
a. Minutes: March 20, 2018 - Work Session & Business Meeting; March 20, 2018 Joint
Finance Committee and Fire & Rescue Policies and Procedures Committee; March
22, 2018 Building & Property Committee; April 9, 2018 Special Called Meeting;
April 10, 2018 Finance Committee Meeting
b. Cooperative Agreement with Treasurer's Office
c. Personnel Policies Manual Update
d. VHF Radio "Transmitter" - Mutual Aide Agreement; Danville Lifesaving Crew
e. Proclamation - National Law Day: May 1, 2018
f. Proclamation - National Police Week: May 13 - 19, 2018
g. Proclamation - National Travel & Tourism Week: May 6 - 12, 2018
h. Proclamation - Teacher Appreciation Week: May 7 - 11, 2018
i. Purchase of iPad - Rebecca Flippen
Mr. Scearce read Proclamation – National Police Week: May 13 – 19, 2018, and then
presented the Proclamation to the Honorable Mike Taylor, Sheriff. Mr. Farmer read
Proclamation – National Travel & Tourism Week: May 6 – 12, 2018, and then presented the
Proclamation to Ms. Brenda Bowman, Mr. Jessie Barksdale, and Ms. Amy Boles.
Pittsylvania County Board of Supervisors
Proclamation
Law Day May 1, 2018
“Separation of Powers: Framework for Freedom ”
WHEREAS Law Day is an occasion of public acknowledgement of our Nation’s and the County
of Pittsylvania’s heritage of justice, liberty, and equality under the law; and
WHEREAS the United States Congress has statutorily designated May 1 as the annual day for
commemoration of Law Day; and
WHEREAS the American Bar Association has designated the 2018 Law Day theme to be
“Separation of Powers: Framework for Freedom ” in recognition of how The U.S. Constitution
sets out a system of government with distinct and independent branches—Congress, the
Presidency, and a Supreme Court; and
WHEREAS it also defines legislative, executive, and judicial powers and outlines how they
interact; and
WHEREAS these three separate branches share power, and each branch serves as a check on
the power of the others; and
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Packet Pg. 11 Attachment: 04-17-2018 BOS Business Meeting Minutes - DRAFT (1155 : Minutes)
Board of Supervisors
Business Meeting
April 17, 2018
WHEREAS “Ambition must be made to counteract ambition,” James Madison explained in
Federalist 51 because Madison believed that the Constitution’s principles of separation of
powers and checks and balances preserve political liberty and provide a framework for freedom;
and
WHEREAS we the people must continually act to ensure that our constitutional democracy
endures, preserving our liberties and advancing our rights and enables us to reflect on the
separation of powers as fundamental to our constitutional purpose and to consider how our
governmental system is working for ourselves and our posterity; and
WHEREAS promoting public understanding of the roots of our freedom are an important
component in the civic education of the citizens of the United States and of County of
Pittsylvania, Virginia; and
NOW THEREFORE, WE, The Board of Supervisors, declare May 1, 2018, to be Law Day in
the County of Pittsylvania, Virginia this 17thday of April in the year 2018.
Pittsylvania County Board of Supervisors
Proclamation
NATIONAL POLICE WEEK
May 13-19, 2018
TO RECOGNIZE NATIONAL POLICE WEEK 2018, AND MAY 15TH AS PEACE OFFICERS
MEMORIAL DAY, BY HONORING THE SERVICE AND SACRIFICE OF THOSE LAW ENFORCEMENT
OFFICERS KILLED IN THE LINE OF DUTY WHILE PROTECTING OUR COMMUNITIES AND
SAFEGUARDING OUR DEMOCRACY.
WHEREAS, The Congress and the President of the United States has declared law
enforcement officer safety and wellness a top priority, and the International Association of
Chiefs of Police’s Center for Officer Safety and Wellness promotes the importance of
individual, agency, family, and community safety and wellness awareness; and
WHEREAS, the members of the Pittsylvania County Sheriff’s Department play an
essential role in safeguarding the rights and freedom of the citizens of Pittsylvania County; and
WHEREAS, it is important that all citizens know and understand the problems, duties
and responsibilities of their sheriff’s department, and that members of our sheriff’s department
recognize their duty to serve the people by safeguarding life and property, by protecting them
against violence or disorder, and by protecting the innocent against deception and the weak
against oppression or intimidation; and
WHEREAS, the Sheriff’s Department of Pittsylvania County has grown to be a modern
and scientific law enforcement agency which unceasingly provides a vital public service; then
7.a.b
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Board of Supervisors
Business Meeting
April 17, 2018
NOW, THEREFORE, the Board of Supervisors calls upon all citizens of Pittsylvania
County, Virginia, and upon all patriotic, civil and educational organizations to observe the
week of May 13-19, 2018 as Police Week with appropriate recognition and thanks for our
police officers, past and present, who by their faithful and loyal devotion to their
responsibilities have rendered a dedicated service to their communities and, in doing so, have
established for themselves an enviable and enduring reputation for preserving the rights and
security for all citizens; and
THE BOARD OF SUPERVISORS FURTHER calls upon all citizens of Pittsylvania
County, Virginia, to observe May 15, 2018 as Peace Officers Memorial Day to honor those
peace officers who, through their courageous deeds, have lost their lives or have become
disabled in the performance of duty.
Pittsylvania County Board of Supervisors
Proclamation
National Travel & Tourism Week
May 6 – 12, 2018
Whereas travel has a positive effect on Virginia and the nation’s economic prosperity and image
abroad, it also impacts business productivity and to individual travelers’ well-being.
Whereas travel to and within the United States provides significant economic benefits for the
nation, generating more than $2.3 trillion in economic output in 2016, with $990.3 billion spent
directly by travelers.
Whereas travel is among the largest private-sector employers in the United States, supporting
15.3 million jobs in 2016, including 8.6 million directly in the travel industry and 6.7 million in
other industries.
Whereas travelers’ spending directly generated tax revenues of $157.8 billion for federal, state
and local governments, funds used to support essential services and programs.
Whereas tourism continues to have a positive impact on Pittsylvania County, with over $73
million in travel related expenditures, 657 people employed in local tourism positions, over $2
million in local tax receipts, and $14 million in local payroll in 2016.
Whereas international travel to the United States is the nation’s No. 1 services export. In 2016,
travel generated $245 billion in exports, creating a $84 billion trade surplus for the United
States.
Whereas meetings, events and incentive travel are core business functions that help companies
strengthen business performance, educate employees and customers and reward business
accomplishments—which in turn boosts the U.S. economy. In 2016, domestic and international
business travelers spent $307.2 billion.
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Packet Pg. 13 Attachment: 04-17-2018 BOS Business Meeting Minutes - DRAFT (1155 : Minutes)
Board of Supervisors
Business Meeting
April 17, 2018
Whereas leisure travel, which accounts for more than three-quarters of all trips taken in the
United States, spurs countless benefits to travelers’ health and wellness, creativity, cultural
awareness, education, happiness, productivity and relationships.
Whereas travel is a pillar of economic growth, creating jobs at a faster rate than other sectors.
Now, therefore, the Board of Supervisors does hereby proclaim May 6-12, 2018 as National
Travel and Tourism Week in Pittsylvania County, Virginia, and urge the citizens of Pittsylvania
County, Virginia, to join me in this special observance with appropriate events and
commemorations.
Pittsylvania County Board of Supervisors
Proclamation
Teacher Appreciation Week
May 7-11, 2018
VIRGINIA: At the business meeting of the Pittsylvania County Bo ard of Supervisors held on
Tuesday, April 17, 2018, the following proclamation was adopted celebrating Teacher
Appreciation Week May 7-11, 2018 and Teacher Appreciation Day May 8, 2018.
WHEREAS, teachers mold in a positive direction the future citizens and future leaders of our
country through guidance and education; and
WHEREAS, teachers encounter students of widely differing backgrounds and we entrust our
children with the teachers and they affect the lives of our children on a daily basis; and
WHEREAS, our country’s future depends upon providing quality education to all students; and
WHEREAS, teachers spend countless hours preparing lessons, evaluating progress, counseling
and coaching students and performing community service; and
WHEREAS, the Board of Supervisors recognizes and supports its teachers in educating the
children of Pittsylvania County; then
NOW, THEREFORE, BE IT RESOLVED that the Pittsylvania County Board of Supervisors
proclaims May 7-11, 2018 to be Teacher Appreciation Week and observes Tuesday, May 8,
2018 as Teacher Appreciation Day; and
BE IT FURTHER RESOLVED that the Pittsylvania County Board of Supervisors strongly
encourages all citizens of Pittsylvania County to join in with personally expressing appreciation
to our teachers for their dedication and devotion to their work.
7.a.b
Packet Pg. 14 Attachment: 04-17-2018 BOS Business Meeting Minutes - DRAFT (1155 : Minutes)
Board of Supervisors
Business Meeting
April 17, 2018
All Consent Agenda item documents can be found in the April 17, 2018 Business
Meeting Packet.
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Hearing of the Citizens
Ms. Brenda Bowmam, Chatham-Blairs District, bid farewell to the Board and thanked
them for allowing her to continue to serve the community after her time on the Board of
Supervisors.
Mr. Richard Shumate, Westover District, spoke on his disappointment with the security
in the Courthouse Complex. He shared a word of prayer, and then shared his concerns about the
County’s spending.
Ms. Kathy Hodges, Callands-Gretna District, was not signed up to speak, but requested to
speak. She thanked the Chairman for allowing her the opportunity. She voiced her concerns
about items in the proposed budget and also offered several solutions to such increases. She also
commended the fire and rescue teams for being at the side of her friend during the recent storm
and clean up.
Public Hearings
Rezoning Public Hearings:
Case 1: R-18-006
R-1, Residential Suburban Subdivision District to A-1, Agricultural District
Mr. Warren opened the hearing at 7:28 pm. Mr. Sides explained that Virginia Elizabeth
Oakley Rich and Sharon Oakley Gilbert had petitioned to rezone a total of 2.60 acres from R-1,
Residential Suburban Subdivision District to A-1, Agricultural District. The parcels are located
on four (4) parcels of land, located on State Road 810/McNeely Lane in the Dan River Election
District. The parcels are shown on our records as GPIN #s 2460-48-5032 (0.72 acre), 2460-47-
7836 (0.76 acre), 2460-47-9537 (0.53 acre), and 2460-57-1229 (0.59 acre). Ms. Rich was in
attendance. No one signed up to speak, and Mr. Warren closed the hearing at 7:30 pm. Motion
by Mr. Davis, seconded by Dr. Miller, to approve rezoning Case R-18-006 from R-1 to A-1, and
the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Blackstock-Yes; Mr. Davis-
Yes; Mr. Farmer-Yes; Dr. Miller-Yes; Mr. Scearce-Yes; and Mr. Warren-Yes. Motion
unanimously approved by the Board.
Case 2: R-18-007
R-1, Residential Suburban Subdivision District to A-1, Agricultural District
Mr. Warren opened the hearing at 7:31 pm. Mr. Sides explained that Freddie L. Melton,
Sr. and Dawn P. Melton had petitioned to rezone a total of 22.15 acres five (5) parcels of land,
from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. The parcels
are located on State Road 626/Museville Road in the Callands-Gretna Election District. The
parcels are shown our records as GPIN #s 1467-77-0733 (10.47 acres), 1467-77-4611 (0.69
acres), 1467-77-4688 (0.71 acre), 1467-77-5756 (0.76 acre), and 1467-88-3952 (9.52 acres). Mr.
Melton was in attendance. No one signed up to speak, and Mr. Warren closed the hearing at
7:33 pm. Motion by Mr. Farmer, seconded by Mr. Davis, to approve rezoning Case R -18-007
from R-1 to A-1,and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr.
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Blackstock-Yes; Mr. Davis-Yes; Mr. Farmer-Yes; Dr. Miller-Yes; Mr. Scearce-Yes; and Mr.
Warren-Yes. Motion unanimously approved by the Board.
This concluded the Rezoning Cases.
Hearing 1: Public hearing to receive citzen input on proposed amendment to Chapter 7 of
the Pittsylvania County Code to add Section 7-6 pertaining to the creation of the Staunton
River Regional Industrial Facility Authority.
Mr. Warren opened the public hearing at 7:34 pm. Mr. Smitherman spoke on the creation
of the Staunton River Regional Industrial Facility Authority (SR RIFA) Virginia, which is a
multi-jurisdictional entity that includes Pittsylvania County, the Town of Hurt, the Town of
Altavista, and the City of Danville, to develop possibly a six hundred (600) acre Industrial Park
currently known as the Southern Virginia Multimodal Park in Hurt. No one signed up to speak
and Mr. Warren closed the public hearing at 7:35 pm. Motion by Mr. Farmer, seconded by Mr.
Davis, to approve the the SR RIFA Ordinance. The following Roll Call Vote was recorded:
Mr. Barber-Yes; Mr. Blackstock-Yes; Mr. Davis-Yes; Mr. Farmer-Yes; Dr. Miller-Yes; Mr.
Scearce-Yes; and Mr. Warren-Yes. Motion unanimously approved by the Board.
Hearing 2: Public hearing to receive citizen input on moving of voting precincts: 305-
Riceville, 108-West Blairs, and 402-Keeling.
Mr. Warren opened the public hearing at 7:37 pm. Ms. Kelly Bailess explained her
wishes of moving the 305-Riceville Precinct to the Riceville Missionary Baptist Church Family
Life Center. Bailess stated that the current precinct is not ADA compliant and there is a lack of
parking. Moving to the Family Life Center would allow these accomodations. She then
requested that the 108-Blairs precinct be moved to the meeting room of the White Oak Worship
Center to reduce traffic and other issues that have arisen si nce the installation of the helicopter
pad that is now at the Blair’s Fire Station. Bailess stated that there are similar issues such as
parking and no air condition at the 402-Keeling precinct and requested to be relocated to the Oak
Grove Baptist Fellowship Hall. No one signed up to speak, and the public hearing was closed at
7:40 pm. Motion by Dr. Miller, seconded by Mr. Davis, to approve the amendments to
Pittsylvania Code Section 8-7 moving the following voting precincts: 305-Riceville Precinct to
Riceville Missionary Baptist Church Family Life Center; 402-Keeling Precinct from Keeling
Fire Station to Oak Grove Baptist Church Fellowship Hall; and 108-Blairs Precinct to White Oak
Worship Center. The following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Blackstock-
Yes; Mr. Davis-Yes; Mr. Farmer-Yes; Dr. Miller-Yes; Mr. Scearce-Yes; and Mr. Warren-Yes.
Motion unanimously approved by the Board.
New Business
Gospel Tabernacle Ball Field Request
Mr. Hicks stated that the County currently owns property at 203 Northside Drive in
Gretna, Virginia that used to be a ball field. The County does still maintain this property, but it
is only mowed a few times per year. The Gospel Tabernacle Outreach Center has contacted the
County about their interest and desire for this property, and Mr. Kell Stone was in attendance to
speak to the Board about obtaining said property. Mr. Stone and his wife previously purchased
the old Middle School across the road from this property and have turned it into a community
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center, and he stated that with the acquisition of this property, it would allow them to continue to
build the community in Gretna, as they have already established their community outreach and
fitness center on the site. Motion made by Mr. Farmer, seconded by Mr. Davis, to enter into an
agreement for a Lease between the County and Mr. Stone to lease the property for one dollar
($1). Mr. Hunt stated the State Code requires that before the County can dispose of any property
there has to be a Public Hearing held. The Board would have to authorize Staff to advertise at
the next meeting to hold a public hearing, if they are contemplating the disposal of this property
in any way, shape, or manner. Motion amended by Mr. Farmer, seconded by Mr. Davis, to mov e
forward with the public hearing advertising. Substitute motion was made by Mr. Barber,
seconded by Mr. Blackstock, to send this item to the Property/Building Committee, due to the
Outreach Center’s desires to either have the land donated or purchased. The following Roll Call
Vote was recorded: Mr. Barber-Yes; Mr. Blackstock-Yes; Mr. Davis-Yes; Mr. Farmer-Yes; Dr.
Miller-Yes; Mr. Scearce-Yes; and Mr. Warren-Yes. Substitute motion unanimously approved by
the Board.
SR RIFA Cost and Revenue Sharing Agreement
Mr. Smitherman stated this was the second part of the formation of the SR RIFA, which
outlines how the cost is shared. The County has a fifty percent (50%) stake in this, and to get
started every member of the jurisdiction will be making a mutual contribution to a sum total
$100,000; Pittsylvania County’s portion is $50,000, Hurt’s portion is $4,000, Altavista’s is
$23,000, and the City of Danville is $23,000. Motion made by Mr. Blackstock, seconded by Mr.
Davis, to approve the execution of the SR RIFA Cost and Revenue Sharing Agreement. Mr.
Barber said that he was going to support the Motion, but he also wanted to state his concerns and
just be careful moving forward especially with the County’s present financial situation. The
following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Blackstock-Yes; Mr. Davis-Yes;
Mr. Farmer-Yes; Dr. Miller-Yes; Mr. Scearce-Yes; and Mr. Warren-Yes. Motion unanimously
approved by the Board.
Approval of School Budget (by Category)
SCHOOL BOARD
Adopted Proposed
Budget Budget
2017-2018 2018-2019
REVENUES
From Sales Tax 10,070,955 10,027,437
From State Funds 51,828,892 50,664,677
From Federal Funds 7,866,361 8,537,507
From Local Funds 17,236,709 18,336,709
Cafeteria Receipts 5,255,000 5,362,025
From Other Funds 1,445,024 1,985,683
Total $ 93,702,941 $94,914,038
EXPENDITURES
Instruction 64,241,523 64,772,199
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Admn./Attend & Health Svcs 3,370,527 3,735,358
Pupil Transportation 6,634,246 6,676,716
Operation & Maintenance 7,964,335 8,023,163
Non-Instructional Operations 3,412,865 3,476,047
Technology 2,824,445 2,868,530
Cafeteria 5,255,000 5,362,025
Total $ 93,702,941 $94,914,038
Mrs. Van Der Hyde stated that the Budget was advertised as required in The Chatham
Star Tribune and requested that the Board approve the Budget as there is a requirement to notify
the School Board by May 1st of their approved Budget. Motion made by Dr. Miller, seconded by
Mr. Davis, to approve the FY2019 Pittsylvania County School Budget in the amount of
$94,914,038, which includes a local appropriation of $18,336,709. The following Roll Call Vote
was recorded: Mr. Barber-Yes; Mr. Blackstock-Yes; Mr. Davis-Yes; Mr. Farmer-Yes; Dr.
Miller-Yes; Mr. Scearce-Yes; and Mr. Warren-Yes. Motion unanimously approved by the Board.
Approval of County Budget/Budget Resolution
GOVERNMENT
2017-2018 2018-2019
EXPENDITURES ADOPTED PROPOSED
General Gov’t Expense 4,452,452 4,204,062
Judicial Admin. Expense 1,672,305 1,710,216
Public Safety 16,481,558 16,649,749
Health Dept./Social Services 12,292,658 13,726,345
Public Works 3,051,515 3,191,033
Education Expense 93,712,715 94,924,358
Parks, Rec. & Cultural 1,715,704 2,083,471
Grants 6,755,441 5,816,366
Community Dev. Expense 8,112,899 8,739,529
Capital Projects 604,963 3,433,077
Debt Service 10,767,972 10,605,577
Transfers 18,845,836 22,400,301
Misc/Non-Departmental 1,116,025 323,782
TOTAL $ 179,582,043 $ 187,807,866
2017-2018 2018-2019
REVENUES ADOPTED PROPOSED
Local Funds 48,060,384 55,669,209
State Funds 88,739,378 87,677,490
Federal Funds 18,753,335 18,941,297
CIP Carryover 1,939,474 2,202,944
Carryover 236,483 291,625
Fund Balance 3,007,153 625,000
Transfers 18,845,836 22,400,301
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TOTAL $ 179,582,043 $ 187,807,866
Presented: April 17, 2018
Adopted: April 17, 2018
RESOLUTION 2018-04-01
VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors on
Tuesday, April 17, 2018 in the General District Courtroom in the Edwin R. Shields Courthouse
Addition in Chatham, Virginia, the following resolution on the annual budget for Fiscal Year
2019 was presented and adopted.
WHEREAS, the laws of the Commonwealth of Virginia require the governing body to
prepare and approve a budget for fiscal and planning purposes, not withstanding additional
requirements for the schools, including revenues and expenditures for the ensuing year by May
1, 2018; and
WHEREAS, the laws of the Commonwealth of Virginia control the distribution of funds
by appropriations giving the Board of Supervisors authority to set such appropriations at such
periodic basis as outlined in Section 15.2-2506 of the Code of Virginia, being further identified
in this Resolution with Exhibit A and Exhibit B; and
WHEREAS, a public hearing has been properly advertised and held on April 9, 2018, in
accordance with state statute as shown by the affidavit of the publisher; then,
BE IT HEREBY RESOLVED, by the Board of Supervisors of the County of
Pittsylvania, that there be hereby adopted and appropriated a budget for Fiscal Year 2019, the
full and complete budget is contained in the document entitled:
"PITTSYLVANIA COUNTY ADOPTED BUDGET"
FISCAL YEAR 2019
JULY 1, 2018 - JUNE 30, 2019
TOTALING: $ 183,762,465
BE IT FURTHER RESOLVED, that the estimated budget total of $183,762,465
includes $18,336,709 total local effort for the Pittsylvania County Schools, and $545,193 in
reallocated carryovers for Industrial Development Local. Included in this budget is an approval
of supplements for employees of all five (5) Constitutional Offices. These offices include the
Sheriff, Treasurer, Commissioner of Revenue, Clerk of Courts and Commonwealth’s Attorney.
Personnel costs for these offices, which include an appropriation of local funding and
compensation board funding cannot be overspent.
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BE IT STILL FURTHER RESOLVED, that the funds of the School Budget, the
Library Budget, and the Welfare Budget shall be expended only by order and approval of those
respective boards and that no money shall be paid out for such contemplated expenditures unless
and until there has first been made an appropriation for such contemplated expenditures by the
Board of Supervisors; and,
BE IT STILL FURTHER RESOLVED that the School Budget estimate for FY 2018-
2019 be set at $94,914,038 with the local funds provided by the Board of Supervisors set at
$18,336,709 to be funded by classification as allowed by the Code of Virginia, 1950 as amended,
and the school board to report back in amounts requested to be funded in each classification if
different than shown in the approved budget.
The local funds include the following:
General Fund Local $18,336,709
BE IT STILL FURTHER RESOLVED, that the Board of Supervisors shall receive
quarterly revenue and expenditure reports comparing receipts and expenditures to the approved
budget from the Office of the County Administrator as well as a list of transfers approved by the
County Administrator and,
BE IT STILL FURTHER RESOLVED, that the unit tax levy for the year commencing
January 1, 2018 shall be as follows:
Real Property: $.62 per $100 of assessed value, 100%
market value
Mobile Homes and Barns: $.62 per $100 of assessed value, 100%
market value
Machinery and Tools: $ 4.50 per $100 of assessed value at 10%
of original cost
Contract Carrier: $4.50 per $100 of assessed value at fair
market value
Personal Property: $9.00 per $100 of assessed value, 30% of
market value.
In accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section 58.1-3912
(E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly (2004 Special
Session 1) and as set forth in Item 503.E (Personal Property Tax Relief Program) of Chapter 951
of the 2005 Acts of Assembly any qualifying vehicle sitused within the county commencing
January 1, 2018, shall receive personal property tax relief in the following manner:
▪ Personal use vehicles valued at $1,000 or less will be eligible for 100% tax relief;
▪ Personal use vehicles valued at $1,001 to $20,000 will be eligible for 51% tax relief;
▪ Personal use vehicles valued at $20,001 or more shall only receive 51% tax relief on the
first $20,000 of value; and
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▪ All other vehicles which do not meet the definition of “qualifying” (business use
vehicles, farm use vehicles, motor home, etc.) will not be eligible for any of tax relief
under this program.
Generating Equipment: $.62 per $100 of assessed value, 100% of
market value
Capital Merchant Tax: Tier 1 $ 2.75 per $100 of assessed value,
30% of inventory value from
$1 to $1,000,000
Tier 2 $2.75 per $100 of assessed value,
10% of inventory value from
$1,000,001 to $5,000,000
Tier 3 $2.75 per $100 of assessed value,
5% of inventory value from
$5,000,001 to unlimited
Consumer Utility Tax: 20% of the first $15.00 monthly for
residential users and 20% of the first
$100.00 monthly for commercial or
industrial users, except as required
for Gas and Electricity, as defined by
Chapter 6 Section 13 of the
Pittsylvania County Code 1975 as amended
AND BE IT FURTHER RESOLVED that the following fees will also be collected by
Pittsylvania County for tax year beginning January 1, 2018 and for the fiscal year beginning on
July 1, 2018:
Motor Vehicle License Fee: $40.75 per vehicle/truck
$28.75 per motorcycle
These are the rates not to exceed the vehicle
registration fees set by the Department of
Motor Vehicles and Virginia Code
Building Inspection Fees: These fees included in Exhibit C
Fire Prevention Fees: These fees included in Exhibit D
AND BE IT FURTHER RESOLVED by the Pittsylvania County Board of Supervisors
that, for the fiscal year beginning on July 1, 2018, and ending on June 30, 2019, the following
sections are hereby adopted.
Section 1. The cost center shown on the attached table labeled Appropriations
Resolution, Exhibit A, are hereby appropriated from the designated
estimated revenues as shown on the attached table labeled Appropriations
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Resolution, Exhibit A. This appropriation does not include the use of
unassigned fund balance. Funds may be appropriated by the Board of
Supervisors as needed during FY 2019 subject to the Board’s by-laws for
appropriations.
Section 2. Appropriations, in addition to those contained in this general
Appropriations Resolution, may be made by the Board of Supervisors only
if there is available in the fund unencumbered or unappropriated sums
sufficient to meet such appropriations.
Section 3. All appropriations herein authorized shall be on the basis of cost centers
for all departments and agencies excluding schools. The regular school
fund is specifically appropriated by category as listed on Exhibit A.
Section 4. The School Board and the Social Services Board are separately
granted authority for implementation of the appropriated funds for their
respective operations. By this resolution the School Board and the Social
Services Board are authorized to approve the transfer of any
unencumbered balance or portion thereof from one line item of
expenditure to another within the same classification in their respective
funds in any amount. Transfers between classification or funds require
approval of the Board of Supervisors.
Section 5. The County Administrator is authorized to make intra-departmental
transfers. This allows for the transfer of any unencumbered balance or
portion thereof from one line item of expenditure to another within the
same cost center for the efficient operation of government. The County
Administrator is also authorized to make inter-departmental transfers up to
$25,000. This type of transfer allows for the transfer of any unencumbered
balance or portion thereof from one department to another. Inter-
departmental transfers in excess of $25,000 require the approval of the
Board of Supervisors.
Section 6. All outstanding encumbrances, both operating and capital, at June 30,
2018 shall be reappropriated to the FY 2019 fiscal year to the same cost
center and account for which they are encumbered in the previous year. A
report of which shall be submitted to the Board.
Section 7. At the close of the fiscal year, all unencumbered appropriations lapse for
budget items other than the School Cafeteria Receipts Fund 209, the
Beautification Fund 230, the State Restricted Seizure Fund - Sheriff 241,
the Federal Restricted Seizure Fund 242, the State Restricted Seizure Fund
– Commonwealth’s Attorney 243, the Federal Restricted Seizure Fund –
Commonwealth’s Attorney 244, the Animal Friendly Plates Fund 245, the
Grants Fund 250, the Work Force Investment Act Fund 251, Law Library
Fund 260, the Library Memorial Gift Fund 265, Cash Bonds Fund 305, the
County Capital Improvements Fund 310, the Jail Inmate Management
Fund 311, the Courthouse Maintenance Fund 312, the Courthouse
Security Fund 314, the Jail Processing Fund 315, the Rural Roads Fund
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320, the Industrial Development Local Fund 325, the Industrial
Development Cyclical Fund 330, the School Bond Fund 410, the Social
Services Bond Fund 420, the Debt Service Reserve Fund 425, the Bond
Fund-Schools 435, the Rescue Billing Fund 530, the Special Welfare Fund
733 and the Pittsylvania County Employees Health Plan 734. Thus, all
cancelled cash balances shall revert back to the General Fund.
Section 8. Appropriations designated for capital projects will not lapse at the end of
the fiscal year but shall remain appropriated until the completion of the
project or until the Board of Supervisors, by appropriate ordinance or
resolution, changes or eliminates the appropriation. Upon completion of a
capital project, the County Administrator is hereby authorized to close out
the project and transfer to the funding source any remaining balances. This
section applies to all existing appropriations for capital projects at June 30,
2018 and appropriations in the FY 2018 Budget. The County
Administrator is hereby authorized to approve construction change orders
to contracts up to $50,000.00 and approve all change order for reduction
of contracts.
Section 9. The approval of the Board of Supervisors of any grant of funds to the
County shall constitute the appropriation of both the revenue to be
received from the grant and the County’s expenditure required by the
terms of the grant, if any. The appropriation of grant funds will not lapse
at the end of the fiscal year but shall remain appropriated until completion
of the project or until the Board of Supervisors, by appropriate resolution,
changes or eliminates the appropriation. The County Administrator may
increase or reduce any grant appropriation to the level approved by the
granting agency during the fiscal year. The County Administrator may
approve necessary accounting transfers between cost centers and funds to
enable the grant to be accounted for the in correct manner.
Upon completion of a grant project, the County Administrator is
authorized to close out the grant and transfer back to the funding source
any remaining balance. This section applies to appropriations for grants
outstanding at June 30, 2018 and appropriations in the FY 2019 Budget.
Section 10. The County Administrator may reduce revenue and expenditure
appropriations related to programs funded all or in part by the
Commonwealth of Virginia and/or the Federal Government to the level
approved by the responsible state or federal agency.
Section 11. The County Administrator is authorized to make transfers to the various
funds for which there are transfers budgeted. The County Administrator
shall transfer funds only as needed up to amounts budgeted or in
accordance with any existing bond resolutions that specify the matter in
which transfers are to be made.
Section 12. The Treasurer may advance monies to and from the various funds of the
County to allow maximum cash flow efficiency. The advances must not
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violate County bond covenants or other legal restrictions that would
prohibit an advance.
Section 13. All purchases with funds appropriated herein shall be made in accordance
with the County purchasing ordinance and applicable state statutes.
Section 14. It is the intent of this resolution that funds be expended for the purposes
indicated in the budget; therefore, budgeted funds may not be transferred
from operating expenditures to capital projects or from capital projects to
operating expenses without the prior approval from the Board of
Supervisors. Also, funds may not be transferred from one capital project
to another without the prior approval of the Board of Supervisors.
Section 15. The County Administrator is authorized, pursuant to state statute, to issue
orders and warrants for payments where funds have been budgeted,
appropriated, and where sufficient funds are available. A warrant register
shall be presented to the Board of Supervisors not less frequently than
monthly.
Section 16. Subject to the qualifications in this resolution contained, all appropriations
are declared to be maximum, conditional and proportionate appropriations
– the purpose being to make the appropriations payable in full in the
amount named herein if necessary and then only in the event the aggregate
revenues collected and available during the fiscal year for which the
appropriations are made are sufficient to pay all the appropriations in full.
Otherwise, the said appropriations shall be deemed to be payable in such
proportion as the total sum of all realized revenue of the respective funds
is to the total amount of revenue estimated to be available in the said fiscal
year by the Board of Supervisors.
Section 17. All revenue received by any agency und er the control of the Board of
Supervisors or by the School Board or by the Social Services Board not
included in its estimate of revenue for the financing of the fund budget as
submitted to the Board of Supervisors may not be expended by said
agency under the control of the Board of Supervisors or by the School
Board or by the Social Services Board without the consent of the Board of
Supervisors being first obtained. Nor may any of these agencies or boards
make expenditures, which will exceed a specific item of an appropriation.
Section 18. Allowances out of any of the appropriations made in this resolution by any
or all county departments, bureaus or agencies under the control of the
Board of Supervisors to any of their officers and employees for expens e
on account of the use of such officers and employees of their personal
automobiles in the discharge of their official duties shall be paid at the
same rate as that established by the Internal Revenue Service and shall be
subject to change from time to time to maintain like rates.
Section 19. The County Administrator is directed to maintain seven (7) petty cash
accounts and establish any other petty cash accounts authorized by the
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Board of Supervisors. The current petty cash accounts are located in
central purchasing (1), the landfill (1), community development (1), and
recreation (4). These petty cash accounts are maintained in accordance
with Section 15.2-1229 of the Code of Virginia as amended, 1950 with
management plans as directed by the County Auditor.
Section 20. The Board of Supervisors does not intend to seek changes to the current
Agriculture Land Use Deferment Program.
Section 21. The provision of inmate medical services is authorized through a contract
with Dr. Laurence Wang with an estimated annual expense of $114,400.
Section 22. The Organizational Chart (Exhibit E) is hereby acknowledged as the
County’s management structure.
Section 23. The County Administrator is authorized to execute the Memorandum of
Agreement (Exhibit F) with each Fire and Rescue Agency.
Section 24. An appropriation of $100,000 is hereby established to assist the Sheriff
with the recruitment and retention of new Deputies.
Section 25. The Board of Supervisors directs the County Administrator to work with
the Sheriff to propose options to ensure Sheriff Department salaries are
appropriate and competitive compared to the local market.
Section 26. The Board of Supervisors instructs the County Administrator to conduct a
wholesale review of all fees to determine appropriateness and market rates
and recommend any changes to the Board’s Legislative Committee.
Section 27. The Board of Supervisors instructs the County Administrator to
implement all Organizational Efficiencies outlined in his February 27th
Budget Proposal EXCEPT the elimination of five (5) Deputy Sheriff
positions. These positions are fully funded by way of Budget Resolution
adoption.
Section 28. The Board of Supervisors directs the County Administrator to develop and
advertise the creation of a Solid Waste Enterprise Fund as a cost center for
the collection and disposal of solid waste. It is intended that revenue for
said Fund shall be largely generated by an annual fee of $120 per occupied
dwelling. The necessary public hearings shall be conducted at the Board
of Supervisors’ May 15, 2018 meeting.
Section 29. Current Accounting Technicians (Grade 12) are hereby reclassified to
Budget Analyst (Grade 14) and Accounting Specialist (Grade 14),
respectively.
Section 30. The Board of Supervisors congratulates the Treasurer on the reduction of
delinquent taxes owed and encourages the continued aggressive
enforcement of outstanding tax accounts.
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Section 31. The Board of Supervisors congratulates the Commissioner of the Revenue
on the proceeds returned to the County through the auditing of business
accounts and encourages the Commissioner to systematically audit all tax
listings for accuracy and fairness.
Section 32. The Board of Supervisors respectfully requests that the Commissioner of
the Revenue work with the County Administrator to review current tax
assessment methods and recommend any changes to improve simplicity
and fairness.
Section 33. The Board of Supervisors appreciates the Pittsylvania School Division’s
interest in collaboratively working to find ways to eliminate operational
duplicities and ensure that taxpayer funds are efficiently administered.
The Board encourages the County Administrator and Superintendent to
implement joint Purchasing, Vehicle Maintenance and other cooperative
services to reduce taxpayer expense.
Section 34. The Board of Supervisors directs County Administrator to propose
revisions to the Financial Management Policies to strengthen fund balance
reserves and ensure that prepayments are not counted as available funds
for expenditure.
Section 35. The Board of Supervisors thanks the County Administrator and his staff
for efforts made to increase transparency and understanding during the
FY18-19 budget development process and encourages him to continue
seeking ways to improve transparency and citizen education.
Section 36. All previous appropriation ordinances or resolutions to the extent that they
are inconsistent with the provisions of this resolution shall be and the same
are hereby repealed.
Section 37. This resolution shall be effective on July 1, 2018.
Given under my hand this day April 17, 2018.
____________________________________
Robert W. Warren, Chairman
Pittsylvania County Board of Supervisors
____________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
7.a.b
Packet Pg. 27 Attachment: 04-17-2018 BOS Business Meeting Minutes - DRAFT (1155 : Minutes)
Board of Supervisors
Business Meeting
April 17, 2018
Mrs. Van Der Hyde stated that the Budget was advertised as required in The Chatham
Star Tribune to meet State Code requirements. It also advertised for a proposed Real Estate Tax
Increase, and later there was another advertisement that ran for two (2) weeks consecutively for a
Personal Property Tax Increase, so there would be options if anything wanted to be done
different than the Real Estate Tax Increase. The sum of the County Budget that was presented in
the paper totaled $187,807,866 and that amount does include the School Budget of $94,914,038.
Mrs. Van Der Hyde stated that there was a Public Hearing held on April 9, 2018 , and that the
Board was legally allowed to vote on the Budget since this was at least seven (7) days later. She
stated there was a Finance Committee meeting also where other options were discussed, so the
Budget that the Board has before them includes a three (3) cent tax increase, moving the Real
Estate rate from .59 per $100 to .62 per $100, which is an effective tax increase rate of .07. It
also includes a Personal Property increase of .25, that moves the Personal Property rate from
$8.75 per $100, 30% of market value, to $9.00 per $100, 30% of market value, and also an
adjustment in the Motor Vehicle License Fee to mirror the DMV registration fee and fees that are
established by the Code of Virginia. There are also some changes in the fire prevention fees that
are included in Appendix “D” of the document. Mrs. Van Der Hyde added that this Budget does
not include any Solid Waste Revenues or Expenditures and that the Solid Waste needs will be
addressed at the next Board of Supervisors Meeting on May 15, 2018. At that Meeting, the
Board of Supervisors will consider the reestablishment of the Landfill Enterprise Fund and to
hear citizen input on the reinstatement of the Solid Waste Household Fee. Van Der Hyde
requested the approval of the FY 2019 Pittsylvania County Budget. Motion made by Mr.
Blackstock, seconded by Mr. Davis, to approve the FY 2019 Pittsylvania County Budget and
Budget Resolution in the amount of $183,762,465, which includes the School Budget of
$94,914,038. Motion by Mr. Scearce, seconded by Mr. Davis, to amend the Resolution to
include this statement, “The Board of Supervisors thanks the County Administrator and his Staff
for efforts made to increase transparency and understanding during the FY18 -19 budget
development process and encourages him to continue seeking ways to improve transparency and
citizen education.” The following Roll Call Vote was recorded: Mr. Barber -Yes; Mr.
Blackstock-Yes; Mr. Davis-Yes; Mr. Farmer-Yes; Dr. Miller-Yes; Mr. Scearce-Yes; and Mr.
Warren-Yes. Motion unanimously approved by the Board.
Mr. Barber stated that this was the most difficult Budget that he has been involved in. He
stated that at the Community Budget Meetings it seemed as the citizens wanted to lessen the real
estate tax and increase the personal property tax, which they were able to do in this Budget. He
also heard to restore the Solid Waste Fee, which they also plan to do. Barber also stated thst this
Board has inherited millions of dollars worth of mandates that they have no choice but to pay.
Mrs. Van Der Hyde commented that this Budget is balanced which is something that has not
happened since 2013. Mr. Blackstock concurred with Mr. Barber’s comments. He stated that he
was very adamant that the Land Use program not be touched and feels that the Board did a good
job with the Budget and he will support it. Mr. Warren echoed both comments and also
complimented Mr. Blackstock’s hard work from the Finance Committee. Barber also
commented that hopefully there would be reduced tax in the future due to bigger things coming
to the County. Mr. Davis stated that he doesn’t like the Budget at all, but that he will be
supporting it for the future of the County, in order to move forward. Dr. Miller stated that he
appreciated the manner in which the Board worked together in the establishment of the Budget.
Mr. Farmer stated that experience has been overwhelming and there had been a lot of thought
and teamwork put into this Budget. Mr. Scearce stated that this was his third (3rd) Budget, but he
thanked Mr. Smitherman and staff for their hard work on this Budget. The following Roll Call
7.a.b
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Board of Supervisors
Business Meeting
April 17, 2018
Vote was recorded: Mr. Barber-Yes; Mr. Blackstock-Yes; Mr. Davis-Yes; Mr. Farmer-Yes; Dr.
Miller-Yes; Mr. Scearce-Yes; and Mr. Warren-Yes. Motion unanimously approved by the Board.
Landfill Equipment Purchase – Pan Scraper
Mr. Hicks stated that several months ago, the Board appropriated funds to buy some
additional equipment at the Landfill, one (1) being a pan scraper. Staff contacted three (3) firms
that specialize in used Landfill equipment and asked them to find a pan scraper. The budget at
the time for a pan scraper and a bulldozer was about $600,000. Over the last ninety (90) days
there was no contact made that there had been any equipment found. Carter Machinery Co., Inc.,
in Lynchburg, Virginia called on Monday, and they had found a CAT 627H pan scraper located
at a CAT Dealer in Nebraska. The unit cost is $419,950, and the cost to get it brought to our
Landfill is $24,850, for a total of $444,800. These machines are very challenging to find in
general, but Carter Machinery Co., Inc., agreed to hold the equipment until the Board could have
discussion about it and make a decision. The normal cost of this equipment is around $850,000 -
$900,000. Mr. Hicks requested the approval to purchase this equipment. Motion by Dr. Miller,
seconded by Mr. Barber, to approve the emergency purchase of the CAT 627H pan scraper for a
total of $444,800. The following Roll Call Vote was recorded: Mr. Barber-Yes; Mr.
Blackstock-Yes; Mr. Davis-Yes; Mr. Farmer-Yes; Dr. Miller-Yes; Mr. Scearce-Yes; and Mr.
Warren-Yes. Motion unanimously approved by the Board.
Landfill – Storm Related Tipping Fee Waiver
Mr. Hicks stated that in the past the Board of Supervisors has authorized the Landfill to
waive the tipping fee if there were storm-related damage items being brought in. He requested
due to the recent storm, the Board approve this Landfill tipping fee waiver. Motion by Mr.
Barber, seconded by Mr. Scearce, to approve the Landfill tipping fee waiver for storm-related
material carried to the Landfill. Mr. Hunt suggested that a time limit be put on the waiver. Mr.
Barber amended his Motion to include a ninety (90) day duration for said waiver. Amended
Motion was seconded by Mr. Scearce. The following Roll Call Vote was recorded: Mr. Barber-
Yes; Mr. Blackstock-Yes; Mr. Davis-Yes; Mr. Farmer-Yes; Dr. Miller-Yes; Mr. Scearce-Yes;
and Mr. Warren-Yes. Motion unanimously approved by the Board.
VA Rules Camp Grant
The Honorable Mike Taylor, Sheriff, stated that this upcoming year would be the 5th year
that the Sheriff’s Office has participated in this Program. It is a grant funded Program through
the Virginia Attorney General’s Office and it is a reimbursable grant in the amount of $5,000. It
is a summer program for 7th and 8th grade students that are identified by the guidance counselors
at the schools as being at-risk children. They are allowed to attend this week long camp at Camp
Selah in the Sutherlin Community. There are Judges and Commonwealth Attorney’s that attend,
and the Sheriff’s Office also provides transporation for the students to and from the camp.
Sheriff Taylor requested that the Board approve the grant for the summer camp. Motion by Mr.
Davis, seconded by Mr. Barber, to approve the VA Rules Camp Grant. The following Roll Call
Vote was recorded: Mr. Barber-Yes; Mr. Blackstock-Yes; Mr. Davis-Yes; Mr. Farmer-Yes; Dr.
Miller-Yes; Mr. Scearce-Yes; and Mr. Warren-Yes. Motion unanimously approved by the Board.
Board Member Reports
7.a.b
Packet Pg. 29 Attachment: 04-17-2018 BOS Business Meeting Minutes - DRAFT (1155 : Minutes)
Board of Supervisors
Business Meeting
April 17, 2018
Mr. Davis thanked the churches for accommodating the voting needs of the County. Mr.
Farmer recognized the County for it’s involvement with other localities such as the Mutual Aide
Agreement with the Danville Lifesaving Crew and the formation of SR RIFA. He al so thanked
all the men and women who volunteered during and after the recent storm. Mr. Barber stated
that his prayers go out to all those affected by the recent storm. Mr. Scearce echoed Barber’s
comments and his thoughts and prayers go out to everyone affected by the storm as well. Mr.
Blackstock thanked the Board for their patience and working with his remote participation
during the Meeting. Mr. Warren stated that the security in the building was not the decision of
the Board, but was made and enforced by the Judges. He also mentioned that the County amazes
him by citizens coming together to help out during the recent storm, and he also thanked all fire
and rescue responders for their hard work and dedication. Mr. Davis stated that Ringgold Fire
Department is having its 60th Anniversary next Saturday.
County Administrator Reports
Mr. Smitherman acknowledged Jim Davis, the County’s Emergency Management
Coordinator, for his efforts during and after the recent storm. He also stated that the wash er and
dryer situation is improving at the Pet Center due to a grant from the Community Foundation.
The Chatham Rotary Club and the Community Foundation have also contributed to a Dog Park,
that will begin construction this weekend. The dog park will be open for everyone in the
County, not just for Pet Center use. He thanked Kim Van Der Hyde, Richard Hicks, and Brandy
Yeatts for their hard work during the Budget season. Mr. Smitherman thanked Mr. Scearce for
his comments on transparency and believes that it allows the citizens to make educated decisions
based on facts. He also stated that he sees this Budget as a new beginning, and being able to
provide Fire and Rescue with the things that they need as well as Economic Development.
Smitherman stated that the Landfill is being looked at with fresh eyes, and in the coming months,
there will be many changes for the betterment of the citizens.
Mr. Hunt thanked Kaylyn McCluster for her hard work during her first board packet and
stated that she was off to a great start and he appreciated all of her hard work. Mr. Warren
echoed Mr. Hunt’s statements.
Adjournment
Mr. Warren adjourned the meeting at 8:35 pm.
__________________________________________
Robert W. “Bob” Warren, Chair
Pittsylvania County Board of Supervisors
__________________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
7.a.b
Packet Pg. 30 Attachment: 04-17-2018 BOS Business Meeting Minutes - DRAFT (1155 : Minutes)
Legislative Committee
May 8, 2018
Legislative Committee
Tuesday, May 8, 2018, Meeting
VIRGINIA: The Legislative Committee of the Pittsylvania County Board of Supervisors
was held on Tuesday, May 8, 2018, in the Main Conference Room of the County Administration
Building in Chatham, Virginia 24531. Ronald S. Scearce, Chairman, called the meeting to order at
5:00 p.m. The following Committee Members were present:
Ronald S. Scearce
Joe B. Davis
Ben L. Farmer
The following Board of Supervisors Member was also present:
Robert W. Warren
Mr. David M. Smitherman, County Administrator/Clerk of the Board; Mr. J. Vaden Hunt
Esq., County Attorney; Mr. Greg L. Sides, Assistant County Administrator for Planning &
Administration; Mr. Richard Hicks, Assistant County Administrator for Operations; the Honorable
Vincent E. Shorter, Treasurer; the Honorable Shirley Y. Hammock, Commissioner of the Revenue;
Mrs. Kimberly G. Van Der Hyde, Director of Finance; and Mrs. Kaylyn M. McCluster, Deputy
Clerk, were also present.
Approval of Agenda
Motion was made by Mr. Davis, seconded by Mr. Farmer, to approve the Agenda, which was
unanimously approved by the Legislative Committee.
New Business
Mr. Hunt stated that all items on the Legislative Committee Meeting Agenda except 4(e) and
4(f) are on the next Business Meeting Agenda as Public Hearings. Mr. Hunt went over Pittsylvania
County Code (“PCC”) Chapter 17 Revisions (Solid Waste Disposal). There were changes made to
mirror the State DEQ License determining the tonnage rate. Article Three (3) is the new Section that
implements the Solid Waste Disposal Fee. Instead of a twice a year due date, there will only be one
(1) due date in December. The vacancy affidavit has also been removed. Section 17-18c was added
to replace the Vacancy Affidavit Section to allow some exemptions. This Section states that if a
house is inhabitable, regardless if it is vacant or not, it will have the Fee attached to it. Mr. Warren
asked if he owned a house, but did not want to live in it or rent it, if he turned the water and power off
to the house, would he qualify for that exemption. Mr. Hunt stated that he would qualify and a
Building Official would go out to the property after an application had been filed to determine if the
power and water was cut off; then in order to get the water or power turned back on, a Building
Official would have to come back out and issue a permit to allow that to take place. This method will
cut down on the abuse of the exemptions. Motion was made by Mr. Davis, seconded by Mr. Farmer,
that the Legislative Committee recommend the Chapter 17 Revisions to the full Board, which was
unanimously approved by the Committee.
7.a.c
Packet Pg. 31 Attachment: 05-08-2018 Legislative Committee Meeting Minutes - DRAFT (1155 : Minutes)
Legislative Committee
May 8, 2018
Mr. Hunt went over the PCC Chapter 9 Revisions (Vehicle License). Mr. Hunt stated the old
fees were listed in the PCC, so instead of having to revise the Code every time the Budget changed,
the statement was put in there that the Fee be set annually by the Board of Supervisors via the County
Budget Resolution. There were also new dates added for the due date of the fees. The new due dates
are June twentieth (20th) and December twentieth (20th). Motion was made by Mr. Farmer, seconded
by Mr. Davis, that the Legislative Committee recommend the PCC Chapter 9 Revisions (Vehicle
License) to the full Board, which was unanimously approved by the Committee.
Mr. Hunt went over the PCC Chapter 25 Revisions (Procurement Procedures). Mr. Hunt
stated that the County’s auditors made them aware recently that in order to accept Federal Grant
money and negotiate Federal Contracts, the new Procurement Standards had to be adopted at the local
level. Doing this will satisfy the auditors and allow the County to accept Federal Grants. Motion was
made by Mr. Davis, seconded by Mr. Farmer, that the Legislative Committee recommen d the PCC
Chapter 25 Revisions (Procurement Procedures) to the full Board, which was unanimously approved
by the Committee.
Mr. Hunt explained the PCC Chapter 9 Revisions (Courthouse Assessment Fee). The State
recently certified that the County’s Courthouse was not in compliance with the current safety and
security guidelines and is generally not in noncompliance. This means that the County can charge an
additional two dollars ($2) that is tacked on to the current three dollars ($3), to make a total of five
dollars ($5) that gets put into a pot to be used for reconstruction purposes for the Courthouse
Complex. The County already has this in place, but this is to bring the wording up to the Supreme
Court Standards. Motion was made by Mr. Davis, seconded by Mr. Farmer, that the Legislative
Committee recommend the PCC Chapter 9 Revisions (Courthouse Assessment Fee) to the full Board,
which was unanimously approved by the Committee.
Mr. Hunt went over the County-owned Equipment Policy. The Executive Team, along with
the Leadership Team, were able to come up with two (2) options. Option “A” included requirements
such as the County employees that have at least ten (10) years of service, that voluntarily separate
from the County, and may request to purchase for $1.00 per item the following types of County-
issued equipment used in their job duties: cell phones, tablets or handheld computers, laptop
computers, and they must have a value of no more than two hundred dollars ($200.00). This would
not affect the Sheriff Department employees. Option “B” states that no County employee or elected
official shall be able to purchase County-issued property used in their job duties. This policy does
not apply to the Sheriff Department employees. Mr. Warren stated his concerns with security in
allowing an employee to purchase County-issued property and stated that he preferred Option “B”.
Mr. Farmer also agreed with Mr. Warren. Motion was made by Mr. Davis, seconded by Mr. Farmer,
to send this matter to a future Work Session for the full Board to review, which was unanimously
approved by the Committee.
Mr. Sides explained the PCC Section 35-50 (Exemptions). He stated that he wanted to get a
feel of how the Board feels. Recently, working with the situation of the Mountain Valley Pipeline,
there is some confusion about the easements. There was a suggestion made that the statement be
made under exemptions that “Projects for which Federal Energy Regulatory Commission (FERC)
determines that the construction and operation are in the public interest, and for which FERC issues a
Certificate of Public Convenience and Necessity.” Mr. Warren stated that he would like to see this
presented to the Planning Commission for clarity. Motion was made by Mr. Famer, seconded by Mr.
7.a.c
Packet Pg. 32 Attachment: 05-08-2018 Legislative Committee Meeting Minutes - DRAFT (1155 : Minutes)
Legislative Committee
May 8, 2018
Davis, that the Legislative Committee send this to the Planning Commission, which was unanimously
approved by the Committee.
Adjournment
Mr. Scearce adjourned the meeting at 5:46 PM.
7.a.c
Packet Pg. 33 Attachment: 05-08-2018 Legislative Committee Meeting Minutes - DRAFT (1155 : Minutes)
Solid Waste Committee
May 10, 2018
Solid Waste Committee
Thursday, May 10, 2018, Meeting
VIRGINIA: The Solid Waste Committee of the Pittsylvania County Board of Supervisors
was held on Thursday, May 10, 2018, in the Main Conference Room of the County Administration
Building in Chatham, Virginia 24531. Tim R. Barber, Chairman, called the Meeting to order at 5:00
p.m. The following Committee members were present:
Tim R. Barber
Elton W. Blackstock
Robert W. Warren participated remotely due to having a family matter to attend. He w as
riding along Highway 29, and the number dialed in for his remote participation was (434) 250-5305.
The following Board of Supervisors Members were also present:
Ronald S. Scearce
Ben L. Farmer
Mr. David M. Smitherman, County Administrator/Clerk of the Board; Mr. J. Vaden Hunt
Esq., County Attorney; Mr. Gregory L. Sides, Assistant County Administrator for Planning &
Administration; Mr. Richard N. Hicks, Assistant County Administrator for Operations; the Honorable
Vincent E. Shorter, Treasurer; the Honorable Shirley Y. Hammock, Commissioner of the Revenue;
and Mrs. Kaylyn M. McCluster, Deputy Clerk, were also present.
Approval of Agenda
Motion was made by Mr. Blackstock, seconded by Mr. Warren, to approve the Agenda with
the addition of item 4(e) Recycle Program, which was unanimously approved by the Solid Waste
Committee.
New Business
Mr. Hicks reviewed the Solid Waste Enterprise Budget. Mr. Smitherman stated that
the Enterprise Funds the cost of running the Landfill. The total of all expenditures totals $4,073,940,
which does include three (3) new compactor sites and some additional equipment. The total of all
revenues is $4,073,940.
Mr. Hicks explained that it would cost $12,800 to include the Solid Waste Fee billing with the
County’s current software company. Mr. Barber asked if it was possible for a person who rents to get
the bill sent to their tenant. Mr. Hunt explained that the bill will fall on the shoulders of the property
owner, and it will be up to them if they charge their tenants or if they just absorb that cost. There was
no Motion needed since Mr. Shorter and Mrs. Hammock were in agreement. Mr. Smitherman has the
authority to go ahead and get the software needs started.
Mr. Hicks showed a PowerPoint on some of the compactor/green box sites. He showed some
improvements to the Rt. 57 green box site, that was all done by the County workers; which saved a
tremendous amount of money. Said workers were able to add gravels, paint the green boxes, and add
a fence behind the boxes. Mr. Hicks also showed pictures of several other sites on Monday
mornings. The boxes were completely overflowing with trash, as well as construction debris. A lot
7.a.d
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Solid Waste Committee
May 10, 2018
of the overflow problems are coming from contractors dumping their debris into the dumpsters and
compactor sites, instead of taking it to the Landfill as they should be doing and paying to dump it.
Mr. Hicks went over some options for Solid Waste Enforcement. Some options included to
increase the hours of five (5) part-time site attendants from twenty (20) hours per week to twenty-
eight (28) hours per week. He also stated that they would like to limit the operating hours of the sites,
since it seems that a lot of the illegal dumping is taking place after dark. Mr. Hicks also mentioned
adding additional cameras with higher resolution so they would be able to zoom in and read a license
plate in order to write citations and collect fines. There was also an option to contract out the
operations of five (5) of the compactor sites.
Mr. Barber stated that he has heard a lot of concerns about recycling and asked Mr. Hicks to
look into the recycling program. Mr. Blackstock stated that Bedford County has a program where
their inmates go out daily and separate the recyclable items (because people do put the wrong items in
the boxes) and that allows for them to have a recycling program. Mr. Blackstock asked Mr. Hicks to
check with Bedford County and see how they run their program. Mr. Barber stated that as a
Committee, he would like to key in on several things to start doing to show the citizens that the Board
is taking action to help the overflow situation; especially with the proposed implementation of the
new Solid Waste Fee. Mr. Barber suggested installing signs that state what is allowed, to install
cameras at all the sites, and to look into implementing the recycl ing program. Mr. Barber also wants
to consider extending the wall and adding another box at the 622 site. Mr. Smitherman stated that
having the Sheriff’s Office hand deliver a letter of violation would eliminate and help control a lot of
the illegal contractor dumping.
Adjournment
Motion was made by Mr. Blackstock, seconded by Mr. Warren, to adjourn. Mr. Barber
adjourned the meeting at 5:54 PM.
7.a.d
Packet Pg. 35 Attachment: 05-10-2018 Solid Waste Committee Meeting Minutes - DRAFT (1155 : Minutes)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Proclamation: Business Appreciation Week (June 4-8, 2018); (Staff
Contact: Matthew D. Rowe); (Attending to accept will be: Paul Irwin,
Chair, Danville Pittsylvania County Chamber of Commerce; Chatham
First Representative, Alisa Davis; and Gretna Merchants' Association
Representative, Diana Burkholder)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: May 15, 2018 Item Number: 7.b
Attachment(s):
Reviewed By:
SUMMARY:
Each year the Pittsylvania County Board of Supervisors, in cooperation with the Danville-
Pittsylvania County Chamber of Commerce, sets up and supports Business Appreciation Week.
Attached is a Proclamation designating the week of June 4 - 8, 2018 as “Business Appreciation
Week” in Pittsylvania County, Virginia (the “County”).
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the attached Proclamation designating the
week of June 4 - 8, 2018 as “Business Appreciation Week” in the County, and authorize County
Staff to forward a copy of said Proclamation to local media.
MOTION:
“I make a motion to approve the submitted Proclamation declaring June 4 - 8, 2018 as “Business
Appreciation Week” throughout Pittsylvania County, and authorize County Staff to forward said
Proclamation to local media.”
7.b
Packet Pg. 36
Pittsylvania County Board of Supervisors
PROCLAMATION
BUSINESS APPRECIATION WEEK
JUNE 4-8, 2018
WHEREAS, Pittsylvania County, Virginia (the “County”), is pleased to have a thriving base of
businesses and industries to support the local economy; and
WHEREAS, these businesses provide essential employment opportunities for the citizens of Pittsylvania
County; and
WHEREAS, these businesses and industries provide local revenues from which the entire local citizenry
benefits; and
WHEREAS, these businesses and industries also make significant contributions in our County by
promoting educational opportunities for our children and promoting a variety of activities which increase
the area’s quality of life; and
WHEREAS, the Board of Supervisors and County citizens recognize and appreciate these businesses and
industries.
NOW, THEREFORE, the Board of Supervisors does hereby proclaim the week of June 4 - 8, 2018 as
“Business Appreciation Week” in the County; and
BE IT FURTHER PROCLAIMED, that a copy of this Proclamation be forwarded to local media
sources.
Given under my hand this 15th day of May, 2018.
7.b
Packet Pg. 37
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Proclamation: National Dairy Month; June (Staff Contact: Kaylyn M.
McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: May 15, 2018 Item Number: 7.c
Attachment(s):
Reviewed By:
SUMMARY:
Attached is a Proclamation from the Board of Supervisors declaring June as National Dairy
Month in Pittsylvania County, and honoring the dairies within the County that contribute not
only to the revenue and employment within the County, but also for providing countless people
throughout the United States with a high quality, nutritious product.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board of Supervisors approve the attached Proclamation declaring
June as National Dairy Month in Pittsylvania County, and authorize County Staff to forward a
copy of said Proclamation to the local media.
MOTION:
“I make a Motion approving the attached Proclamation declaring June as National Dairy Month
throughout Pittsylvania County, and authorize County Staff to forward said Proclamation to the
local media.”
7.c
Packet Pg. 38
Pittsylvania County Board of Supervisors
PROCLAMATION
NATIONAL DAIRY MONTH
JUNE 2018
VIRGINIA: At a Business Meeting of the Board of Supervisors of Pittsylvania County, Virginia, held on
Tuesday, May 15, 2018, the following Proclamation was presented and adopted to recognize June 2018 as
National Dairy Month in Pittsylvania County, Virginia (the “County”).
WHEREAS, the Virginia Department of Agriculture and Consumer Services informs the Virginia dairy industry
has contributed to the development of the State’s economy and the well -being of its citizens since dairy cows
arrived in Jamestown in 1611, and more than four hundred (400) years later, V irginia’s dairy industry consistently
ranks near the top, when compared to the State’s other principle crops, livestock and livestock products; and
WHEREAS, the County has the following six (6) dairies in operation: Mountain View Dairy, Van Der Hyde
Dairy, Hammock Dairy, Motley Dairy, Waller Farms, and Seven Springs Farm (Delbert Yoder). Combined, these
six (6) dairies produce nearly 1.5 million gallons of milk annually within the County; and
WHEREAS, the dairy industry is a major County industry and ma kes a significant contribution to the County’s
economy; and
WHEREAS, real milk and dairy foods are superior to their imitations in quality, value, and taste; and
WHEREAS, besides the great taste, dairy products are nutrient-dense, providing 72% of the calcium available in
the American diet, along with nine (9) essential vitamins and minerals, including potassium, riboflavin,
phosphorus, vitamins A, D, and B-12, as well as protein, and studies indicate that eating three (3) to four (4)
servings of dairy per day could help lower the risk of high blood pressure, osteoporosis, and some forms of
cancer, as well as assist with weight management, supporting the catch phrase, “Milk-it does a body good!”; and
WHEREAS, the 82nd celebration of June Dairy Month, highlighting the dairy industry, will occur during June
2018.
THEREFORE, BE IT PROCLAIMED by the Board of Supervisors that the month of June is designated to the
celebration of Dairy Month, and calls upon all County agencies and citizens to observe the mont h with appropriate
programs and activities; and
BE IT FURTHER PROCLAIMED that a copy of this Proclamation be forwarded to local media sources.
Given under my hand this 15th day of May, 2018.
7.c
Packet Pg. 39
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Resolution 2018-05-02: Ringgold Industrial Parkway and Kentuck Road
Intersection Improvement (Staff Contact: Matthew D. Rowe)
Staff Contact(s): Matthew D. Rowe
Agenda Date: May 15, 2018 Item Number: 7.d
Attachment(s):
Reviewed By:
SUMMARY:
The County’s Economic Development Staff has met with businesses in the Ringgold West
Industrial Park (the “Park”) regarding the need to improve the roadway and intersection to and
within the Park. Attached please find Resolution 2018-05-02 seeking support from the Board of
Supervisors for the aforementioned project. Roadway and intersection improvements would not
only result in improved safety, but also would significantly expand the Park’s economic
development activities.
FINANCIAL IMPACT AND FUNDING SOURCE:
There are no financial impacts to the County. County Staff will apply for non-matching
programs through VDOT.
RECOMMENDATION:
County Staff recommends that the Board of Supervisors approve Resolution 2018-05-02 as
presented.
MOTION:
“I make a motion to approve the Resolution 2018-05-02 presented.”
7.d
Packet Pg. 40
Pittsylvania County Board of Supervisors
RESOLUTION
2018-05-02
Ringgold Industrial Parkway and Kentuck Road Intersection Improvement
Prioritizing the Intersection Improvement for Safety and Economic Development
VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on May 15,
2018, in the General District Courtroom of the Edwin R. Shields Courthouse Add ition, the following
resolution was presented and adopted:
WHEREAS, Ringgold West Industrial Park (the “Park”) is accessed via an existing intersection of
Ringgold Industrial Parkway and Kentuck Road, both Virginia Department of Transportation (“VDOT”)
maintained roadways; and;
WHEREAS, the Park is home to numerous businesses such as Intertape Polymer Group, Brock Supply
Group, Precision Electronic Services, and the Dan River Business Development Center; and;
WHEREAS, with recent and possible upcoming economic development projects, automobile and truck
traffic has, and will continue to increase to and from the Park, leading to increasing concern regarding the
safety and efficiency of motorists; and;
WHEREAS, VDOT has established the following programs that can help alleviate and/or lessen safety
and efficiency concerns: the Economic Development Access Fund Program; Highway Safety
Improvement Program, and the Smart Scale Program.
THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors expresses its
strong support of improvements needed at the Ringgold Industrial Parkway and Kentuck Road
intersection, and formally make it a key priority for application to the mentioned VDOT programs, since
such improvements will not only make the intersection and roadway safer but will also result in
expanding significant economic development activities in the Park.
BE IT FURTHER RESOLVED that a copy of this Resolution be presented to the appropriate VDOT
representatives.
Given under my hand this 15th day of May, 2018.
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Packet Pg. 41
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Resolution 2018-05-03: County EMS License (Staff Contact: Chris C.
Slemp)
Staff Contact(s): Chris C. Slemp
Agenda Date: May 15, 2018 Item Number: 7.e
Attachment(s):
Reviewed By:
SUMMARY:
Currently, Pittsylvania County, Virginia (the “County”), is not a “licensed” EMS Agency.
Resolution 2018-05-03, attached, will allow County Staff to apply for a license up to the level of
an “Advanced Life Support Transport” Agency should the need arise in the future; however,
presently, the Fire Marshal’s Office intends to apply for a “Basic Life Support non-transport”
Agency. This will allow the Fire Marshal’s to equip their vehicles with EMS equipment and
supplies and respond to EMS calls as the need may arise. This will also allow the County to
apply for EMS state grants in the future to assist with equipment, training, recruitment, and
retention needs.
FINANCIAL IMPACT AND FUNDING SOURCE:
The FY19 County Budget supports the needs of the basic equipment for the Fire Marshal’s
Office. Additionally, the Fire Marshal’s Office will be pursuing grants to assist with purchase of
equipment.
RECOMMENDATION:
County Staff recommends the Board of Supervisor adopt Resolution 2018-05-03.
MOTION:
“I make a Motion to adopt Resolution 2018-05-03.”
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PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION
2018-05-03
IN RECOGNITION OF THE DEPARTMENT OF PUBLIC SAFETY
WHEREAS, the Board of Supervisors of the County of Pittsylvania, Virginia (the
“Board”), wishing to insure County-wide Emergency Medical Services (“EMS”), hereby enables
County Staff to pursue an EMS license through the Virginia Office of EMS, up to the level of
“Advanced Life Support Transport” as may be needed, with the ability to bill for services within
a time frame that has not yet been established; and
WHEREAS, the Board acknowledges the compelling need for both non-ground and
ground transport at the Basic Life Support (“BLS”) and Advanced Life Support (“ALS”) levels
to serve the County; and
WHEREAS, by enabling the formation and operation of an EMS non-ground and ground
transport at the BLS and ALS levels, capability can be established and be operational
immediately.
NOW, THEREFORE, BE IT RESOLVED, that the Board, through the adoption of this
Resolution, recognizes that the operation of an EMS with both non-ground transport and ground
transport at the BLS and ALS levels will be established as an agency within County as the need
may arise.
Given under my hand this 15th day of May, 2018.
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: JT Minnie Maude Trust Application Authorization (Staff Contact: Chris
C. Slemp)
Staff Contact(s): Chris C. Slemp
Agenda Date: May 15, 2018 Item Number: 7.f
Attachment(s): J.T. Minnie Maude AED Funding Request Application
Reviewed By:
SUMMARY:
The County’s Fire Marshal’s Office is seeking to become an EMS First Responder Agency. As
such, the County’s Fire Marshal vehicles need to be equipped with proper EMS supplies and
equipment. As evinced by the attached Application, County Staff is requesting assistance from
the J.T. Minnie Maude Trust with funding for three (3) automatic defibrillators. The total
request is $6,540.00, with no match needed at this time.
FINANCIAL IMPACT AND FUNDING SOURCE:
No financial impact is expected.
RECOMMENDATION:
County Staff recommends the Board of Supervisor authorize applying to the J.T. Minnie Maude
Trust for funding of the three (3) aforementioned defibrillators for County Fire Marshal vehicles.
MOTION:
“I make a Motion authorizing County Staff to apply to the J.T. Minnie Maude Trust for funding
for three (3) defibrillators for County Fire Marshal vehicles.”
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DEPARTMENT OF PUBLIC SAFETY
P.O. Box 426
Chatham, Virginia 24531
Phone (434) 432-7922
_______________________________________________________________________________________________________
BUSINESS SAVVY. PEOPLE FRIENDLY.
Terry Kelly, Deputy Fire Marshall
terry.kelly @pittgov.org
J.T. – Minnie Maude Charitable Trust
223 Riverview Dr., Suite G
Danville, VA 24541
Dear Sir/Madam:
On behalf of the Pittsylvania County Fire Marshal’s Office I would like to submit the following grant
request:
Organizations Primary Mission
Fire Marshal’s Office
The Pittsylvania County Fire Marshal’s Office consists of three full time employees that perform a variety of
technical inspections on commercial and industrial facilities to ensure compliance with fire and life safety codes as
well as technical inspections on one-and two family dwellings (upon request) to insure compliance with fire and
life safety codes; We also conduct inspections of certain facilities for licensure under various departments (i.e.,
Virginia Department of Social Services, Virginia Department of Behavioral Health & Developmental Services, etc.);
Assists the Office of Building Inspections in the review and examination of building construction plans/drawings to
ensure compliance with all fire and life safety codes and recommend corrective action as needed, assists the
Office of Building Inspections with on-site inspections of residential, commercial, and industrial structures at
various stages of construction to ensure compliance with all fire and life safety codes and recommend corrective
action as needed;
We provide information and technical assistance to contractors, architects, engineers, developers and the public;
We provide education to citizens regarding fire safety; respond to questions from the general public; provide
information relating to fire protection and prevention systems; Our office responds to structural fires, hazardous
materials incidents, EMS calls and other emergency scenes when called upon and assists in firefighting operations
to preserve fire scenes for investigation and evidence recovery; The Fire Marshal’s Office conducts origin and
cause investigations for fires and coordinates with the Sheriff’s Office, Commonwealth’s Attorney, insurance
companies and private investigators in the investigation and/or prosecution of arson fires and fire-related crimes.
The Fire Marshal Office is currently applying for an EMS license with the VA Office of EMS.
7.f.a
Packet Pg. 45 Attachment: J.T. Minnie Maude AED Funding Request Application (1185 : JT Minnie Maude Trust Application Authorization - (Chris Slemp))
DEPARTMENT OF PUBLIC SAFETY
P.O. Box 426
Chatham, Virginia 24531
Phone (434) 432-7922
_______________________________________________________________________________________________________
BUSINESS SAVVY. PEOPLE FRIENDLY.
Terry Kelly, Deputy Fire Marshall
terry.kelly @pittgov.org
Purpose of grant request
Purchase three (3) LIFEPAK 1000 Automatic External Defibrillators (AEDs) to be placed in the county fire marshal’s
vehicles. Our fire marshals travel the county every day during their normal work day, and will respond to
emergencies along with the county fire/ems agencies. Many times, our fire marshals are close to the scene of the
emergency and can arrive before other agencies.
According to the American Heart Association, each year there are approximately 359,400 cardiac arrest outside a
hospital setting, and on average less than 10% of the victims survive. Immediate CPR and early defibrillation with
an AED can more than double a victim’s chance of survival. For every minute that passes without CPR and
defibrillation chances of survival decrease by 7-10%. Having three people equipped with AED’s out in the county
on a daily basis who could respond with our Fire/EMS agencies, and sometimes faster, the chances of survival for
someone experiencing cardiac arrest would greatly improve. We have no AED’s currently.
The cost of the AED’s purchased under the state contract are $2,180.00 each, for a total of $6,540.00
Thank you for your consideration
Terry Kelly
Deputy Fire Marshal
Pittsylvania County
7.f.a
Packet Pg. 46 Attachment: J.T. Minnie Maude AED Funding Request Application (1185 : JT Minnie Maude Trust Application Authorization - (Chris Slemp))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Proposed Memo of Understanding (PIO); (Staff Contact: Jim E. Davis)
Staff Contact(s): Jim E. Davs
Agenda Date: May 15, 2018 Item Number: 7.g
Attachment(s): MOU for DPCPIN
Reviewed By:
SUMMARY:
Pittsylvania County and the City of Danville’s Departments of Public Safety have agreed to
create a Regional Public Information Support Team (the “Team”). During times that overwhelm
normal and routine distribution of public information during or after an identified large-scale
emergency event or disaster and upon the request of either locality, the Team is activated through
designated contact sources and assistance can be sent to either locality as needed. The Team
consists of trained public information officers from within the participating agencies. For your
reference and review, attached please find a Public Information Officer (“PIO”) Memorandum of
Understanding (“MOU”).
Participating localities and agencies may include, but are not limited to:
• Averett University;
• Centra Medical;
• City of Danville;
• Danville Life Saving Crew;
• Danville Community College;
• Danville Public Schools;
• Pittsylvania County;
• Pittsylvania County Public Schools;
• Pittsylvania-Danville Health District;
• Pittsylvania County Sheriff’s Department; and
• SOVAH Health.
FINANCIAL IMPACT AND FUNDING SOURCE:
Mutual aid is provided within the context of support staffing only and does not commit
supporting agencies to any fiscal liability or costs associated with emergency
communications/response.
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RECOMMENDATION:
County Staff recommends the Board of Supervisors authorize the County Administrator to sign
the attached non-binding MOU.
MOTION:
“I make a motion to authorize the County Administrator to execute the attached PIO MOU on
behalf of the County.”
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Packet Pg. 48
MEMORANDUM OF UNDERSTANDING
for General Public Information Support and Operation of a Joint
Information Center for emergencies and large-scale events
This agreement establishes a mutual cooperation to permit local government public information and
communications personnel and members of the Danville-Pittsylvania County Public Information
Network (DPCPIN) to:
• Lend public information support, in person or remotely, to any participating
locality/agency before, during or after an identified large-scale emergency event or
disaster.
• Readily activate and staff a regional joint information center (JIC) upon
official request by any participating agency’s Emergency Manager or
designee.
• Disperse essential, coordinated health and safety communications to the
public as deemed necessary at any time by public safety and law
enforcement authorities.
Staffing of a regional joint information center will be permitted under the following
criteria:
1. A Joint Information Center (JIC) will be activated and staffed in accordance
with FEMA’s established incident command structure (ICS).
2. The Danville-Pittsylvania County Public Information Network (DPCPIN)
consisting of appointed and trained Public Information Officers,
communication specialists and designated support personnel from each
participating locality and other cooperating agencies, will serve as the primary
JIC staff throughout the duration of a regional emergency event.
3. The Joint Information Center will be operated by DPCPIN’s most current
Standard Operating Procedures (SOP).
4. Each Public Information Officer, communication specialist and support staff
member will represent his/her respective locality or agency, while serving
with any regional or JIC team. Each will retain his/her respective
employment position and remain subject to his/her locality's or agency's
employment policies.
7.g.a
Packet Pg. 49 Attachment: MOU for DPCPIN (1133 : MOU Regional PIO)
General Assumptions:
1. The primary JIC sites will be located at the Danville Fire Department Headquarters,
600 Lynn St., Danville, VA, and the Pittsylvania County Department of Social
Services Training Center, 220 H. G. Mcghee Drive, Chatham, VA. However , a
JIC may be established under ICS at any site conducive to safely and properly
dispersing information.
2. Mutual aid is provided within the context of support staffing only and does not
commit supporting agencies to any fiscal liability or costs associated with
emergency communications/response.
3. Participating localities and agencies may include, but are not limited to:
Averett University
Centra Medical
City of Danville
Danville Life Saving Crew
Danville Community College
Danville Public Schools
Pittsylvania County
Pittsylvania County Public Schools
Pittsylvania-Danville Health District
Pittsylvania County Sheriff’s Department
SOVAH Health
7.g.a
Packet Pg. 50 Attachment: MOU for DPCPIN (1133 : MOU Regional PIO)
Modification and Termination of Agreement
This agreement may be modified at any time at which the agencies mentioned herein
deem necessary. Any party may terminate their participation in this agreement by
written notice of their withdrawal to the other cooperating parties.
Effective Date
The terms and conditions of this agreement shall become effective upon the
signatures of the representatives of the participating localities or agencies.
Signature_____________________________ Date______________________
Title_________________________________
Locality ______________________________
7.g.a
Packet Pg. 51 Attachment: MOU for DPCPIN (1133 : MOU Regional PIO)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Contract for Medical Services for Jail (Staff Contact: Richard N. Hicks)
Staff Contact(s): Connie M. Gibson
Agenda Date: May 15, 2018 Item Number: 7.h
Attachment(s): Medical Services RFP
Sheriff Taylor's Justification
Reviewed By:
SUMMARY:
The County’s Purchasing Department issued a Request for Proposal (“RFP”) for Medical
Services in the County Jail, per Sheriff Taylor's request. Said RFP was posted in The Chatham
Star Tribune, Danville Register and Bee, the Virginia Business Opportunity’s website, the
County’s website, and posted on the County's Bulletin board. The County received one (1)
proposal. Captain Meeks and Connie Gibson, Procurement Manager, evaluated the proposal and
found it to be responsive. Dr. Wang proposed to provide Medical Services to the County Jail an
estimated eight (8) hours per week, including being on call 24hours per day/7 days a week, at an
hourly rate of $275.00/hour.
FINANCIAL IMPACT AND FUNDING SOURCE:
The estimated (depending on hours worked) cost of the contract for one (1) year is $114,000.00.
The contract’s term is three (3) years, with two (2) optional one (1)-year renewals. These funds
have already been budgeted for FY 19.
RECOMMENDATION:
County Staff recommends the Board of Supervisors award the contract to provide medical
services to the County Jail to Dr. Wang per the aforementioned terms.
MOTION:
“I make a Motion to approve the contract to provide Medical Services for the County Jail to Dr.
Wang for $114,000.00 for FY 19, per the aforementioned terms.”
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PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
REQUEST FOR PROPOSAL
RFP# 20180226
MEDICAL SERVICES FOR
PITTSYLVANIA COUNTY JAIL
February 23, 2018
CONTACTS:
CONNIE GIBSON, PURCHASING MANAGER
(434) 432-7744
7.h.a
Packet Pg. 53 Attachment: Medical Services RFP (1196 : Medical Services for Jail (Staff Contact: Richard N. Hicks))
MEDICAL SERVICES FOR
PITTSYLVANIA COUNTY JAIL
Issue Date: January 9, 2014 RFP No. 20180226
GENERAL INFORMATION FORM
The Pittsylvania County Purchasing Department, on behalf of the Pittsylvania County
Jail, hereby issues to qualified physicians, licensed in the State of Virginia, a Request for
Proposal (hereinafter referred to as “RFP”), for Physicians Services for the Pittsylvania
County Jail.
DUE DATE: Sealed Proposals will be received until Monday, March 26, 2018, no later
than 2:00PM. Failure to submit proposals to the correct location by the designated date
and hour will result in disqualification.
RFP RESPONSE: In order to be considered for selection, interested parties must submit a
complete response to this RFP. One (1) original, so marked, and three (3) copies of each
proposal must be submitted to the Purchasing Manager. No other distribution of the
proposal shall be made by the Offeror.
ADDRESS: Proposals should be mailed or hand delivered to:
Pittsylvania County Purchasing Department
Att: Connie Gibson,
1 Center Street, P.O Box 426
Chatham, VA 24531.
All Proposals must be in a sealed envelope and clearly marked in the lower left corner:
"Sealed Proposal - RFP #20180226, Medical Services” Proposals not so marked or
sealed shall be returned to the offeror and will not be considered. Proposals shall clearly
indicate the legal name, address and telephone number of the offeror (company, firm,
partnership, individual). Proposals shall be signed above the typed or printed name and
include the title of the individual signing on behalf of the offeror. All expenses for
making Proposals to Pittsylvania County shall be borne by the offeror. The offeror has
the sole responsibility to have the proposal received by the Pittsylvania County
Purchasing Department at the above address and by the above stated time and date.
This procurement shall be conducted in accordance with the competitive negotiation
procedures of the Virginia Public Procurement Act – Section 2.2- 4302.2
Any questions regarding this RFP, contact Connie Gibson, (434) 432-7744 or emailed to
Connie.gibson@pittgov.org.
7.h.a
Packet Pg. 54 Attachment: Medical Services RFP (1196 : Medical Services for Jail (Staff Contact: Richard N. Hicks))
In Compliance with this Request for Proposal the named party hereby submits a proposal
in response to Pittsylvania County to furnish services described in this RFP. The entire
proposal, including Technical proposal, Proposal Cover Sheet, and any supplemental
materials required to be provided by the offeror pursuant to the terms and conditions of
the RFP, constitute the entire proposal.
The party hereby certifies that such is genuine and not collusive or sham; that said
offeror has not colluded, conspired, connived or agreed, directly or indirectly, with any
bidder or person, to put in a sham bid or to refrain from bidding, and has not in any
manner, directly or indirectly, sought by agreement or collusion or communication or
conference, with any person to fix the bid price or affiant or any bidder, or to fix any
overhead, profit or cost element of said bid price, or of that of any other bidder, or to
secure any advantage against Pittsylvania County or any person interested in the
proposed contract.
The party submitting the forgoing Proposal acknowledges the provisions, terms and
conditions of this RFP, including all attachments and addenda, and agrees to be bound by
those provisions, terms and conditions. Further, the party certifies that all information
submitted in response to this RFP is correct and true. The person signing this form shall
be an authorized signatory officer of the corporation or an individual authorized by the
By-Laws of the Corporation that has been given authoritative responsibility to bind the
firm in a contract.
Name and Address of Firm:
___________________________________ Date:_____________________________________
____________________________________ By: ___________________________________
(Signature in Ink by Officer of the Corporation)
___________________________________ Name:____________________________________
Zip Code:__________________________ Title:______________________________________
Phone: (____) ______________________ Fax: (_____) _______________________________
E-mail: ____________________________State of Incorporation: ________________________
Attach a copy of your company’s SCC certificate
Receipt of the following Addenda are acknowledged:
Addendum No. ____________, dated____________
(Please note all addenda’s)
7.h.a
Packet Pg. 55 Attachment: Medical Services RFP (1196 : Medical Services for Jail (Staff Contact: Richard N. Hicks))
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
REQUEST FOR PROPOSAL
JAIL PHYSICIAN SERVICES
PURPOSE
The County of Pittsylvania, Virginia, is seeking proposals from qualified physicians to
provide inmate medical services at the Pittsylvania County Jail located off of Bank Street
in Chatham, Virginia. Estimated at 100 inmates.
GENERAL INFORMATION
The County reserves the right to reject any or all proposals submitted, and to waive any
informality in the proposals. The right is also reserved to award the contract where it
appears to be in the best interest of the County.
All provisions of the Virginia Public Procurement Act governing the procurement of
professional services will be adhered to.
SCOPE OF SERVICES
The Provider shall:
1. Provide general medical services to include performing physical
examinations, prescribing medications, reviewing Radiologists reports and
lab reports and other related duties. Record a summary of the problems
and/or symptoms, the diagnosis or diagnostic hypotheses, treatments,
medications, and/or any other appropriate information in each patient's
medical chart at the conclusion of each consultation.
2. Provides services for approximately 16 hours, every week and on call 24
hours per day, 7 days a week. And respond to the facility when needed, at
Pittsylvania County Jail. The Provider shall submit an accounting of
hours worked each week to the Captain of the Jail. The Provider will be
paid for only the hours worked up to the required total. If hours per week
reach 16 and additional hours of services are required, the specific number
of additional hours must be approved in writing by the Captain before
services are provided or the Provider will not be reimbursed for said
hours. On call time will be negotiated.
3. Consult with the Jail Captain and/or his designee regarding care of
offenders on an as required basis.
4. Furnish Pittsylvania County Jail a Curriculum Vitae and include: social
security number, Doctor of Medicine degree from an accredited medical
school, copy of graduate medical training (Residency/Fellowship), Board
Certification status, and a copy of Physician's current and valid license to
7.h.a
Packet Pg. 56 Attachment: Medical Services RFP (1196 : Medical Services for Jail (Staff Contact: Richard N. Hicks))
practice medicine in the State of Virginia, DEA number. Provide
verification of any hospital privileges available to the Provider.
Immediately notify the County if license or hospital privileges are denied,
suspended or revoked; if any malpractice claims are filed; if any
professional disciplinary action is taken; or if he/she has any physical,
mental or emotional problems which might impact performance of
assigned duties.
5. Make referrals to a specialist when necessary.
6. Attend conferences or meetings outside the normal hours and at locations
other than the institution served, as required by Pittsylvania County Jail.
In these instances, the Provider will be reimbursed for actual expenses,
based on the invoice submitted by the Provider. The Provider must submit
receipts for all expenses in excess of $10.00, unless otherwise specified in
the County’s Travel Policy. Such expenses may include: lodging, meals
and mileage based on rates detailed in the state travel regulations.
Pittsylvania County cannot reimburse the Provider for personal long
distance charges, alcoholic beverages, or incidental personal expenses.
The Provider shall minimize expenses to the extent possible.
7. Use on-site office space provided by the facility during scheduled visits.
8. Utilize the services of personnel employed by the facility.
9. Provide additional visits to the facility in the event of emergency illness or
injury.
10. Provide emergency medical services in doctor's office or hospital.
11. Provide employee health as required by the County
12. Provide 24-hour telephone or beeper coverage.
13. Provide inpatient care if possible.
14. Be within one-hour commute distance from the jail.
PROPOSAL INSTRUCTIONS
A. Proposals should include the following information:
1. A narrative describing the Provider’s ability to provide the services
detailed in the Scope of Services;
7.h.a
Packet Pg. 57 Attachment: Medical Services RFP (1196 : Medical Services for Jail (Staff Contact: Richard N. Hicks))
2. Verification of the acceptance of the Contractual Terms and Conditions;
3. The Provider’s completed forms, including but not limited to:
a. Attachment 2, National Practitioner Data Bank form.
b. Proposed hourly fee enclosed in a separate sealed envelope.
4. A Curriculum Vitae that includes the following minimum credentials:
a. Doctor of medicine degree from an accredited medical school
b. Copy of graduate medical training (residency/fellowship).
c. Current valid license to practice medicine in the Commonwealth of
Virginia
d. Current and valid Board certification
e. Current and valid DEA certificate
f. Current and valid National Provider Identifier (NPI)
g. Verification of any hospital privileges
5. A listing of at least three (3) current or recent accounts, either
governmental or commercial for which the Provider has provided services
similar in nature to those described in the Scope of Services. Include the
length of service, the name, address, telephone number and point of
contact; and a listing of any contract lost within the last two years
including reason for loss. The contracts may be either governmental or
commercial for which the Provider had provided services similar in nature
to those described in the Scope of Services; and
Evaluation Criteria
A committee will be established to review the proposals and select those to be
interviewed. Proposals submitted prior to the deadline will be reviewed for completeness
and evaluated based on the following:
(1) Ability and plan to meet the requirements as detailed in Scope of Services
30 points
(2) Acceptance of the General and Special Terms and Conditions. 15 points
(3) Demonstrated clinical experience. 15 points
(4) Professional certification(s) and Curriculum Vitae. 15 points
(5) Experience in providing services in a correctional setting. 25 points
AWARD:
The County shall engage in individual discussions with two or more offerors deemed
fully qualified, responsible and suitable on the basis of initial responses and with
emphasis on professional competence, to provide the required services. Repetitive
informal interviews shall be permissible. Such offerors shall be encouraged to elaborate
on their qualifications and performance data or staff expertise pertinent to the proposed,
project, as well as alternative concepts. At the discussion stage the public body may
discuss non-binding estimates of total project costs, including, but not limited to, life-
cycle costing, and, where appropriate, non-binding estimates of price for services.
7.h.a
Packet Pg. 58 Attachment: Medical Services RFP (1196 : Medical Services for Jail (Staff Contact: Richard N. Hicks))
Proprietary information from competing offerors shall not be disclosed to the public or to
competitors. At the conclusion of the informal interviews, on the basis of evaluation
factors published in the Request for Proposals and all information developed in the
selection process to this point, the purchasing agency shall select, in the order of
preference, two or more offerors whose professional qualifications and proposed services
are deemed most meritorious. Negotiations shall then be conducted, beginning with the
offeror ranked first. If a contract satisfactory and advantageous to the purchasing agency
can be negotiated at a price considered fair and reasonable, the award shall be made to
that offeror. Otherwise, negotiations with the offeror ranked first shall be formally
terminated and negotiations conducted with the offeror ranked second, and so on, until
such a contract can be negotiated at a fair and reasonable price. Should the
Commonwealth determine in writing and in its sole discretion that only one offeror is
fully qualified, or that one offeror is clearly more highly qualified and suitable than the
others under consideration, a contract may be negotiated and awarded to that offeror.
7.h.a
Packet Pg. 59 Attachment: Medical Services RFP (1196 : Medical Services for Jail (Staff Contact: Richard N. Hicks))
ATTACHMENT A
NATIONAL PRACTITIONER DATA BANK FORM
Pittsylvania County plans to query the National Practitioner Data Bank on certain health care
Providers considered for contractual employment by the Jail.
Please provide the following information during the interview process:
Name of Facility:
_____________________________________________________________________
Date: _______________________________
Full name of Applicant:
________________________________________________________________
Maiden name if married:
_______________________________________________________________
Date of Birth: Social Security Number:
Current Home Address:
________________________________________________________________
________________________________________________________________
Current Office Address:
________________________________________________________________
________________________________________________________________
Current VA License Number or other State License Number if not listed in VA:
________________________________________________________________________
DEA Number:
________________________________________________________________________
Names of Professional Schools Attended:
__________________________________________________
___________________________________________________
Date of Graduation from Professional Schools:
Provide a brief summary of work history and name of professional schools attended and years of
graduation.
7.h.a
Packet Pg. 60 Attachment: Medical Services RFP (1196 : Medical Services for Jail (Staff Contact: Richard N. Hicks))
SPECIAL TERMS AND CONDITIONS
A. CONFIDENTIALITY: The Provider acknowledges and understands that its
employees may have access to confidential information, including health records
regarding employees, clients/patients, or the public. In addition, the Provider
acknowledges and understands that its employees may have access to proprietary
or other confidential information or business information belonging to the
Pittsylvania County jail. Therefore, except as required by law, the Provider
agrees that its employees, subcontractors or alternates will not:
1. Access or attempt to access data that is unrelated to their job duties or
authorization;
2. Access or attempt to access health records beyond their stated authorized
access level;
3. Disclose to any other person or allow any other person access to any
information related to the Jail or any of its facilities that is proprietary or
confidential and/or pertains to employees, students, patients, or the public.
Disclosure of information includes, but is not limited to, verbal
discussions, FAX transmissions, electronic mail messages, voice mail
communication, written documentation, "loaning" computer access codes
and/or another transmission or sharing of data.
4. Disclose health records in violation of Virginia privacy laws.
The Provider understands that the County and its employees, clients/patients, or
others may suffer irreparable harm by disclosure of proprietary or confidential
information and that Pittsylvania County may seek legal remedies available to it
should such disclosure occur. Further, the Provider understands that violations of
this agreement may result in contract default.
B. RENEWALS
The contract term shall be for a three (3) year period, with an option to renew the
contract term for up to two (2) additional one (1) year periods. At the time of
renewal, the Contractor may request a review of prices based on sufficient
justification and approved by the Authority. Such request must be submitted in
writing and accompanied by sufficient documentation to support the requested price
change.
C. CONFIDENTIALITY OF HEALTH RECORDS:
By signature on this contract, the Provider agrees to comply with all applicable
statutory provisions and regulations of the Commonwealth of Virginia and in the
performance of this contract (agreement) shall:
7.h.a
Packet Pg. 61 Attachment: Medical Services RFP (1196 : Medical Services for Jail (Staff Contact: Richard N. Hicks))
1. Not use or further disclose health records other than as permitted or
required by the terms of this contract or as required by law;
2. Use appropriate safeguards to prevent use or disclosure of health records
other than as permitted by this contract;
3. Report to the Jail any use or disclosure of health records not provided for
by this Contract;
4. Mitigate, to the extent practicable, any harmful effect that is known to the
Provider of a use or disclosure of health records by the Provider in
violation of the requirements of this contract;
5. Impose the same requirements and restrictions contained in this contract
on its subcontractors and agents;
6. Provide access to health records contained in its records to the County Jail,
in the time and manner designated, or at the request of the jail, to an
individual in order to afford access as required by law;
7. Make available health records in its records to the County Jail for
amendment and incorporate any amendments to health records in its
records at the Jail request;
8. Document and provide to the Jail information relating to disclosures of
health records as required for the Jail to respond to a request by an
individual for an accounting of disclosures of health records.
D. Records
The Contractor shall keep all inmate medical records confidential, and shall
comply with all state and federal laws relative to confidentiality of records.
E. Licenses And Permits
The Contractor shall secure and pay for all permits, governmental fees and
licenses necessary for the proper execution and completion of the work which
are legally required prior to and during the work, including software licenses or
other intellectual property permissions, unless otherwise specified by the
Authority.
G. Contract Changes
Any changes to the Contract must be approved through issuance of a written
contract addendum or change order. The Authority will not assume responsibility
for the cost of any changes made without issuance of a written contract addendum
or change order.
7.h.a
Packet Pg. 62 Attachment: Medical Services RFP (1196 : Medical Services for Jail (Staff Contact: Richard N. Hicks))
H. Compliance with all Requirements
The Contractor shall comply with all applicable Federal, State and Local laws and
regulations. The Contractor shall give notice as required and comply with all
laws, ordinances, rules, regulations, and lawful orders of any entity having
authority over the performance of the work.
I. Legal Proceedings
Any legal proceedings arising out of or related to this agreement shall be filed by
the parties in Pittsylvania County Circuit Court.
J. Subcontracting and Assignment of Work
The Contractor shall not subcontract or assign the Contract, in whole or in part,
other than that specifically stated in the Contract, without the express written
consent of the Authority. A description of any work the Contractor proposes to
subcontract shall be submitted to the Authority for review and approval along
with the name and address of the individual, firm, or corporation that is the
proposed subcontractor. This submittal shall also include a list of the key
personnel that the subcontractor will assign to the project. All work performed
by any subcontractor shall be coordinated by the Contractor and the
Contractor will be responsible to the Authority for all work performed by any
subcontractor or special consultant.
GENERAL TERMS AND CONDITIONS TO BIDDERS/OFFERORS
1. Reservation of County Rights:
The County reserves the right to accept or reject any or all bids, to waive
any informality and to make an award to a party other than the low bidder, if
deemed in the best interest of the County, subj ect to the provisions under the
Virginia Public Procurement Act.
The County does not discriminate against faith-based organizations.
2. Laws of the Commonwealth:
Any purchase order/contract resulting from this bid process shall be
governed; in all respects whether as to its validity, construction, capacity,
performance or otherwise; by the laws of the Commonwealth. Successful bidders
providing goods to the County herewith assure the County that they are
conforming to the provisions of the Civil Rights Act of 1964, as amended, as well
as the Virginia Fair Employment Act of 1975, as amended, where applicable and
Section 2.2-4311 of the Virginia Public Procurement Act which provides:
In every contract of over $10,000 the provisions in 1 and 2 below apply:
(1) During the performance of this contract, the contractor agrees as follows:
7.h.a
Packet Pg. 63 Attachment: Medical Services RFP (1196 : Medical Services for Jail (Staff Contact: Richard N. Hicks))
A. Nondiscrimination Clause: The contractor will not discriminate against
any employee or applicant for employment because of race, religion,
color, sex, national origin, age, disability, or other basis prohibited by state
law relating to discrimination in employment, except where there is a bona
fide occupational qualification reasonably necessary to the normal
operation of the contractor. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
B. Equal Opportunity Employer: The contractor, in all solicitations or
advertisements for employees placed by or on behalf of the contractor,
will state that such contractor is an equal opportunity employer.
C. Notices, advertisements and solicitations placed in accordance with
federal law, rule or regulation shall be deemed sufficient for the purpose
of meeting the requirements of this section.
(2) Subcontractors: The contractor will include the provisions of the foregoing
paragraphs A, B, and C in every subcontract or purchase order of over $10,000 so that the
provisions will be binding upon each subcontractor or vendor.
(3) Drug Free Workplace – During the performance of this contract, the contractor
agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in
conspicuous places, available to employees and applicants for employment, a statement
notifying employees that the unlawful manufacture, sale, distribution, possession, or use
of a controlled substance or marijuana is prohibited in the contractor’s workplace and
specifying the actions that will be taken against employees for violations of such
prohibition; (iii) state in all solicitations or advertisements for employees placed by or on
behalf of the contractor that the contractor maintains a drug-free workplace; and (iv)
include the provisions of the foregoing clauses in every subcontract or purchase order of
over $10,000, so that such provision will be binding upon each subcontractor or vendor.
3. Tax Exemption:
The County is exempt from State sales, and use taxes and will issue a
Certificate of Exemption upon request. Deliveries against any items of this bid
procedure shall be free from any excise or transportation taxes. Excise exemption
registration NO. 54-600-1508 may be used when required or necessary on behalf
of the County.
4. Modifications, Additions, or Changes:
Modifications, additions, or changes to the terms and conditions of this
invitation to bid may be cause for rejection of your bid. All bids shall be entered
on the official bid forms, if provided. Bidders who attach or submit bids on their
or any other forms may be considered unresponsive and may be rejected if an
official bid form is provided.
7.h.a
Packet Pg. 64 Attachment: Medical Services RFP (1196 : Medical Services for Jail (Staff Contact: Richard N. Hicks))
5. Delivery Point:
Except when otherwise specified herein, all items shall be F.O.B.
delivered to any point within the County as directed by the Central Purchasing
Department.
6. Transportation and Packaging:
The authorized agent by signing this bid certifies and warrants that the bid
price offered for F.O.B. destination, includes only the actual freight rate costs at
the lowest and best rate and is based on the actual weight of the goods to be
shipped. Except as otherwise specified herein, standard commercial packaging,
packing and shipping containers shall be used. All shipping containers shall be
properly and legibly marked or labeled on the outside with the commodity
description and number, size and quantity.
7. Evaluation of Bid Documents:
If any prospective bidder is in doubt as to the true meaning of any part of
the specifications or other bid documents, the prospective bidders shall submit a
written request, within the time frame provided, after receipt of the invitation to
bid to the Central Purchasing Department. The Central Purchasing Department
will have final authority to review any discrepancies or deficiencies in the
specifications and then make the necessary interpretations or revisions.
Interpretations or revisions shall be made official by the issuance of any necessary
addendum and distributed to all potential bidders. The Central Purchasing
Department will not be responsible for explanations or interpretations of the bid
documents, except as issued in writing by the Purchasing Manager and/or County
Administrator.
8. Default:
In the case of default by the successful bidder or failure to deliver the
goods or services ordered by the time specified, the Department of Central
Purchasing, after due written notice may procure these goods or services from
other sources and hold the defaulting vendor responsible for any excess cost
occasioned thereby.
9. Anti-Collusion Certification:
The authorized agent by signing this bid certifies and warrants that this
bid is made without prior understanding, agreement, or connection with any
corporation, firm or person submitting a bid for the same materials, supplies,
equipment or services, and is in all respects fair and without collusion or fraud.
The signing agent understands collusive bidding is a violation of the Virginia
Governmental Frauds Act and Federal Law and can result in fines, prison
sentences, and civil damage awards. The signing agent also agrees to abide by all
conditions of this bid and certifies that he or she is duly authorized to sign this bid
for the bidder represented herein.
10. Kickbacks:
7.h.a
Packet Pg. 65 Attachment: Medical Services RFP (1196 : Medical Services for Jail (Staff Contact: Richard N. Hicks))
The signing agent certifies and warrants that neither he/she nor the bidder
from whom he/she is authorized to act has offered or received any kickback from
any other bidder, suppliers, manufacturer, or subcontractor in connection with
his/her bid on this solicitation. A kickback is defined as an inducement for the
award of a contract, subcontracts or order, in the form of any payment, loan,
subscription, advance, deposit of money, services or anything, present or
promised, unless consideration of substantially equal or greater value is
exchange. Further, no person shall demand or receive any payment, loan,
subscription, advance, deposit of money, services or anything of value in return
for an agreement not to compete on a public contract.
11. Gifts by Bidder, Offeror, Contractor, or Subcontractor:
No bidder, offeror, contractor, or subcontractor, shall confer on any public
employee or official having formal responsibility for a procurement transaction,
any payment, loan, subscription, advance, deposit of money, services or anything
of more than nominal value, present or promised, unless consideration of
substantially equal or greater value is exchanged.
12. Termination/Cancellation of Contract:
Subject to the provisions below, the contract may be terminated by either
party upon thirty (30) days advance written notice to the other party; but if any
work or service hereunder is in progress, but not completed as of the date of
termination, then this contract may be extended upon written approval of the
County until said work or services are completed and accepted.
A. Termination for Convenience
In the event that this contract is terminated or cancelled upon
request and for the convenience of the County, without the required thirty
(30) days advance written notice, then the County shall negotiate
reasonable termination costs, if applicable.
B. Termination for Cause
Termination by the County for cause, default or negligence on the
party of the appraiser or firm shall be excluded from the foregoing
provision; termination costs, if any, shall not apply. The thirty (30) days
advance notice requirement is waived in the event of Termination of
Cause.
C. Non-Appropriation Clause/Termination due to Unavailability of Funds in
Succeeding Fiscal Years
When funds are not appropriated or otherwise made available to
support continuation of performance in a subsequent fiscal year, the
contract shall be cancelled and the contractor shall be reimbursed for the
reasonable value of any non-recurring costs incurred but not amortized in
the price of the supplies or services delivered under the contract.
13. Quantities:
Quantities set forth in this invitation are estimates only, and the successful
7.h.a
Packet Pg. 66 Attachment: Medical Services RFP (1196 : Medical Services for Jail (Staff Contact: Richard N. Hicks))
bidder shall supply at bid prices actual quantities as ordered regardless of whether
such total quantities are more or less than those shown.
14. Ordering:
All orders from the County shall be issued by the Central Purchasing
Department. A County purchase order number is required for the contract; yet
partial order quantities and deliveries will be accepted upon request or as outlined
in the Special Specifications, by the Central Purchasing Department. No other
department or personnel other than those in the Central Purchasing Department of
the County are qualified to issue purchase orders, make changes in orders, or
accept delivery on orders under this contract without specific written
authorization being received by the contractor from the Central Purchasing
Department or as otherwise specified in the Special Specifications.
15. Invoices/Billing Process:
Invoices for items ordered, delivered, and accepted by the Central
Purchasing Department or authorized departments shall be submitted by the
contractor directly to the Accounting Department, at the address shown on the
purchase order. The purchase order number must be referenced on all invoices
regardless of quantities delivered, backordered, etc. Any outstanding quantities
not included in the billing or invoice should be shown on a separate statement
specifically marked, as not being an invoice for payment yet is an accountability
of items and cost outstanding.
16. Discounts:
All bids will be evaluated and awarded on net prices. Cash discounts will
not be considered in making awards. If cash discounts for prompt payment are
offered, it must be clearly shown on the bid forms in the space provided. On
monthly invoices any payment terms must be clearly marked. The County will
attempt to take advantage of any such discounts provided our timetable allows us
to do so.
17. Hold Harmless:
The successful contractor assumes and agrees to indemnify, defend and
hold harmless Pittsylvania County, Virginia, its officers, agents, and employees
from any claims, damages and actions of any kind or nature, whether at law or in
equity, arising from or caused by the use of any materials, labor, goods, or
equipment of any kind or nature furnished by the contractor, provided that such
liability is not attributable to the sole negligence on the part of the using agency or
to the manner outlined by the contractor and description literature or
specifications submitted with the contractor’s bid.
18. Warranty:
The contractor shall provide warranty documents on any material, goods
or equipment of any kind or nature provided by the contractor, his subcontractor
or other agents. The warranty shall be in effect for the period of time specified.
7.h.a
Packet Pg. 67 Attachment: Medical Services RFP (1196 : Medical Services for Jail (Staff Contact: Richard N. Hicks))
19. Contractual Intent
Upon successful award of this bid by the County, it is the County’s intent
to have a written contract fully executed by all participating parties. This contract
shall delineate the capacity, performances and considerations for all parties
involved.
The contents of the bid submitted by the successful bidder and the bid
specifications shall become a part of any contract awarded as a result of these
specifications. The successful vendor will be expected to sign a “Standard
Contract for Services” with the County.
Sample contracts may be submitted by either party at the time of the bid,
however, the County reserves the right to use its uniform contract format over all
samples submitted.
20. Insurance
By signing and submitting a bid/proposal under this solicitation, the
Bidder/Offeror certifies that if awarded the contract, it will maintain all required
Worker’s Compensation, Employer’s Liability, Commercial General Liability and
Automobile Liability insurance coverage during the entire term of the contract
and that all insurance coverage will be provided by insurance companies
authorized to sell insurance in Virginia by the Virginia State Corporation
Commission. Copies of insurance certificates shall be submitted with all
bids/proposals.
21. Use of Name Brands Within These Specifications:
The name of a certain brand, make, manufacturer, or definite specification
is to denote the quality to the specific brand, make, manufacturer, or specification
named; it is to set forth and convey to prospective bidders the general style, type,
character and quality of article desired, and wherever in specifications or contract
documents a particular brand, make of materials, device or equipment shall be
regarded merely as a standard. Any other brand, make of material, device or
equipment which is recognized the equal of that specified, considering quality,
workmanship and economy of operation and is suitable for the purpose intended,
shall be considered responsive to the specifications.
22. Access To Records:
The County Administrator or his duly authorized agent, shall, until the
expiration of three (3) years following the final payment on this Agreement, have
access to and the right to examine and copy any directly pertinent books,
documents, papers, and records of Lessor and Assignee involving transactions
related to this Agreement. Lessor and Assignee shall have the reciprocal right,
until the expiration of three (3) years following final payment on this Agreement,
to have access to and examine and copy any directly pertinent books, documents,
papers and records of the County Administrator in the event of litigation or
arbitration involving this Agreement, rights of access, examination and copying
7.h.a
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hereunder granted to Lessor, Assignee, and Lessee shall continue until such
claims have been finally disposed of.
7.h.a
Packet Pg. 69 Attachment: Medical Services RFP (1196 : Medical Services for Jail (Staff Contact: Richard N. Hicks))
5/1/2018
Per Sheriff Mike Taylor:
Justification for removal of the part time Medical Doctor to a Contractual Medical Doctor
Some months back an inmate alleged he was not receiving, what he considered, to be his proper
medical attention/prescriptions. The inmate had a preexisting medical condition that plagued
him prior to his incarceration in the Pittsylvania County jail, however because of his incarceration
these medical maladies were now a part of the jail’s responsibilities. Anticipating a civil court
action, I consulted the Department of Risk Management to take the essential steps in the event
I had to answer these allegations by way of deposition. It was in these conversations with
Attorney William Etherington of the law firm of Beale, Davidson, Etherington & Morris, P.C. of
Richmond that the question was asked, why the medical Doctor of our jail was an “employee”
and not a contractual position. In further discussions on this matter it was on the advice of
Attorney Etherington, that the county, to reduce medical malpractice liability, remove this
position from an “employee” status to that of a contractual one. Mr. Etherington’s advice is and
remains to “get the Sheriff’s Office and jail out of the medical profession all together”. Mr.
Etherington’s advice was to “put any medical malpractice allegations back on a contractual
relationship between that of the Doctor to the inmate and remove the liability of the county”.
7.h.b
Packet Pg. 70 Attachment: Sheriff Taylor's Justification (1196 : Medical Services for Jail (Staff Contact: Richard N. Hicks))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Award of Bid on Courthouse Janitorial Services (Staff Contact: Richard
N. Hicks)
Staff Contact(s): Richard N. Hicks
Agenda Date: May 15, 2018 Item Number: 7.i
Attachment(s):
RFP 20171213 - Janitorial Services Courthouse Complex
Copy of Tabulation Sheet
Copy of Top 2 evaluation price sheet
Reviewed By:
SUMMARY:
Last year, when the jail inmates were unable to continue cleaning the County’s Courthouse
Complex, the Board of Supervisors approved an emergency contract with Derrick’s Cleaning
Service. As said contract will expire on December 13, 2018, a Request for Proposals (“RFP”)
was issued and mailed to four (4) vendors that had expressed interest in the contract. The RFP
was also advertised in The Danville Register and Bee, The Chatham Star Tribune, posted on the
Virginia Business Opportunity’s website (which reaches 3,185 vendors in Virginia), posted on
the County’s website, and posted on the County’s public bulletin board. For your reference and
review, the following related documents are attached: a copy of the RFP, bid tabulation sheet,
and staff rating sheet of each vendor.
FINANCIAL IMPACT AND FUNDING SOURCE:
Funds are included in the FY 17/18 and FY 18/19 County’s Budgets to cover the costs of this
contract.
RECOMMENDATION:
County Staff recommends awarding the Courthouse Janitorial Services Contract to Derrick’s
Cleaning Service in the annual amount of $35,140, with the option to renew for four (4)
additional one (1)-year terms.
MOTION:
“I make a Motion to award the Courthouse Janitorial Services Contract to Derrick’s Cleaning
Service in the annual amount of $35,140, with the option to renew for four (4) additional one (1)-
year terms.”
7.i
Packet Pg. 71
PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
REQUEST FOR PROPOSAL
JANITORIAL SERVICES FOR PITTSYLVANIA COUNTY COURTHOUSE
COMPLEX
RFP: 20171213
DATE: December 13, 2017
CONTACTS
CONNIE GIBSON, PURCHASING MANAGER
(434) 432-7744
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REQYEST FOR PROPOSAL
JANITORIAL SERVICES FOR COURTHOUSE COMPLEX
Issue Date: December 13, 2017 RFP: 20171213
Issuing: Pittsylvania County, Virginia, Purchasing Department
Sealed Bids Will Be Received Until 2:00 P.M., January 11, 2018. Failure to submit
proposals to the correct location by the designated date and hour will result in
disqualification.
Mailing address: Connie Gibson
Purchasing Manager
Pittsylvania County
Purchasing Department
P.O. Box 426 – 1 Center Street
Chatham, VA 24531
Copies of the Proposal Documents may be obtained at the Purchasing Department located
in County Administration Building 1 Center Street, Virginia, at no charge. You may also
download this bid at www.pittsylvaniacountyva.gov website.
All inquiries for bid information should be directed to: Connie Gibson, Purchasing
Manager, telephone number: (434) 432-7744, connie.gibson@pittgov.org.
PRE-PROPOSAL CONFERENCE:
Pre-Proposal Mandatory Conference – There will be a mandatory pre-proposal
conference on Thursday, December 28, 2017, at 1:00 p.m., in the County
Administration Conference Room, 1 Center Street, Chatham, Virginia.
Representatives from the County will be available to discuss our needs and answer all
questions. We will have a walk-through of all the buildings.
Note: The County of Pittsylvania, Virginia does not discriminate against faith-based
organizations in accordance with the Code of Virginia, §§ 2.2-4343.1, 1950 as amended or
against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or
any other basis prohibited by Federal, State, and County law relating to discrimination in
employment or contracting.
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In compliance with this invitation for bids, and subject to all the conditions thereof, the undersigned
offers, if this bid is accepted within (60) calendar days from the date of the opening, to furnish any
or all of the items and/or services upon which prices are quoted, at the price set opposite each item,
to be delivered at the time and place specified herein. The undersigned certifies he has read,
understands, and agrees to all terms, conditions, and requirements of this bid, and is authorized to
contract on behalf of firm named below.
Name and Address of Firm:
Date:
By:
Signature
Print Name
Title
Telephone Number:
e-mail: __________________ FIN:_______________________
REFERENCES: Provide at least 3 references that you currently provide janitorial
services. Please include the company’s name, contact person and phone number.
1.
2.
3
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1. PURPOSE:
The intent of this Request for Proposal is to establish a contract with a qualified
vendor or individual to provide janitorial services for the Pittsylvania County
Courthouse Complex. The County’s intent is to award a one (1) year contract with
an additional four (4) one-year renewals, subject to mutually agreed upon pricing
and terms and conditions.
2. SCOPE OF WORK:
The contractor shall furnish all labor and supervision to clean the Courthouse
Complex which includes but not limited to: All offices, Circuit Court, Circuit
Court Room, jury rooms, cells, J&D Court, J&D Court Services, General District
Court, Treasurer’s offices, Commonwealth Attorney’s offices, Commission of
Revenue, Clerk of Court offices and deed rooms. All bathrooms, lobbies and
hallways to be include. Schedules must be planned for the courts because of court
cases that may be scheduled. Some work may be scheduled after hours.
3. CONTRACTOR’S PERSONNEL:
1. Supervisor: The Contractor shall assign not less than one qualified supervisor
to physically supervise the Contractor’s employees and to ensure adherence to
the cleaning schedule. The supervisor also shall be responsible for the conduct
and performance of the Contractor’s employees, and compliance with the
following rules:
a. Contractor’s employees appearing to be under the influence of alcohol
or drugs shall not be permitted in the building.
b. Contractor’s employees shall adhere to the non-smoking environment.
Smoking will not be permitted inside the complex at any time.
c. No loud or boisterous conduct will be permitted.
d. Contractor’s employees will not open desk drawers or cabinets at any
time.
e. Contractor’s employees are not to use or tamper with computers,
office machines, equipment, or employees’ personal property at any
time, whether it is inside a desk or cabinet or not.
f. Contractor’s employees may not use the telephones at any time.
g. Contractor’s employees shall be made aware of and follow safety
procedures of the contractor and the County.
h. No one shall be in the building during cleaning except for the
Contractor’s employees and/or employees.
i. The work shall be under the supervision of, and inspected by, the
Director Building and Grounds.
4. SPECIFICATIONS FOR THE WORK
The following specifications are intended to serve as a guideline only. The successful
bidder shall perform all work to the complete satisfaction of the County. The
successful bidder may deviate from the established standards if the Building and
Grounds Director approves the deviation, and if such deviation will improve the
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quality of service received, provided the deviation does not affect a price increase in
the cost of the contract.
1. Level of Service: The Contractor shall provide a level of cleaning equal to
standards defined by the Building Service Contractor Association for adequate
cleaning. Adequate shall be defined as a cleaning standard that will provide no
serious criticism.
2. Cleaning times: The Contractor shall perform the tasks of each area or item in
the frequencies specified: the Complex is to be cleaned three time a week during
working hours. Some areas may be allowed after hours.
3. Cleaning Supplies and Equipment: The Contractor shall furnish all cleaning
supplies (must be non-toxic products), mops, brooms, and vacuum cleaners.
Pittsylvania County will furnish toilet paper, paper towels, keys to toilet paper and
paper towel dispensers, and soap for the dispensers. The contractor shall not use
any products, supplies, or equipment that are injurious or damaging to the surface
to which they are applied or exposed. The Contractor shall be responsible for
restoring/replacing any equipment/facilities, furniture, floor coverings, etc., so
damaged.
A. Dusting and Cleaning: The contractor shall dust and clean all horizontal
surfaces once a week. Horizontal surfaces include, counter tops, chairs,
tables, couches, file cabinets, wall-mounted fixtures and picture frames.
Surfaces shall be free from dust after dusting is completed. Wipe down water
fountains.
B. Door and Window Care: Glass entrance doors shall be cleaned of spots and
smudges at each cleaning.
C. Mat Care:
Entry mats shall be vacuumed and shaken-out at each cleaning.
D. Tile floor care and carpets:
1. The tile or vinyl flooring in bathrooms and foyer should be swept
clean and damp mopped three times a week with a germicidal
cleaner.
2. All tile/vinyl floors including hallways, bathrooms and offices
shall be striped and waxed once a year.
3. Carpet Floors
All carpets to be vacuumed at least twice a week.
List in the Cost sheet attached, the cost for the Circuit
Courtroom carpets to be cleaned once a year. Other carpet
cleaning quotes will be requested when needed.
E. Restroom facilities:
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1. Restroom walls shall be spot-cleaned bi-weekly with a germicidal
cleaner.
2. All commodes, seats, lavatories, and urinals shall be cleaned at each
cleaning using a germicidal cleaner with brush or swab as required,
inside and out including the flushing rim. The exterior of all fixtures
shall be wiped dry including piping. All fixtures shall be left free from
stains, streaks, and any marks or deposits.
3. All mirrors shall be cleaned weekly with glass cleaner.
4. Wipe clean all soap, towel, and toilet tissue dispensers. Soap, toilet
tissue, and paper towels shall be replenished at each cleaning as
needed.
E. Trash:
1.empty trash and replace bag in restrooms and offices at every cleaning.
5. SECURITY
1. Building Security: The Contractor will assure that each and every one of
its owners, officers, employees and agents who will be in a County
Building (hereafter referred to as "personnel") comply with the security
requirements set forth in the Contract. The Contractor will ensure
compliance with these requirements before any contractor’s employee is
permitted within the building during and after business hours. The
purpose of these security requirements is to prevent the commission of
crimes within the buildings.
2. Contractor will be responsible for all keys and card access badges issued
to them. The Contractor shall sign for and will return same to Contract
Administrator upon request. The Contractor shall be responsible for
replacing lost keys/access fobs and or rekeying locks, if necessary, at no
additional expense to Pittsylvania County.
3. Non-custodial staff, including but not limited to, family members and
friends of the contractor’s custodial staff are not allowed in the building
at any time unless they have been approved in advance, in writing, by
the Contract Administrator.
6. PLAN OF OPERATION: Within thirty days after the award of the contract, the
Contractor shall submit to the Purchasing Manager a complete plan of operation
to include the following:
1. Number of employees assigned to each area.
2. Name, address, and telephone number of each assigned manager and the
assigned supervisory functions.
7. GENERAL REQUIREMENTS
7.i.a
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1. The contractor shall provide custodial services for the specified locations
maintaining high standards of cleanliness, sanitation and protection of the
physical facility.
2. All personnel shall undergo background checks at the cost to the contractor.
3. The contractor shall provide all required information to the County to facilitate
the background checks. The contractor shall comply with applicable state and
federal standards in screening and hiring prospective employees.
a. No employee who possesses a felony criminal record may be assigned
duties under any contract subsequent to this RFP.
4. The contractor shall be responsible for adequately training and equipping all
personnel to be assigned duties to any contract subsequent to this RFP.
5. The contractor shall provide to the County a list of all personnel employed by the
contractor that will be providing services under the contract. The list shall include
the full legal name and address of each employee
6. Pittsylvania County reserves the right to order the contractor to remove any
personnel that exhibit poor work habits or conduct deemed objectionable by the
County from performing duties under any contract subsequent to this RFP.
7. The contractor shall be responsible for training their personnel in the security
requirements of the County facilities and be responsible for enforcement of the
same.
8. The contractor shall be responsible for the cost to replace lost keys, access fobs
and/or re-key locks following the loss of keys.
9. The contractor shall be responsible for the cost of lost access cards.
10. The contractor shall be responsible for safe guarding against the loss, theft or
damage of all County property, materials, and accessories which may be exposed
to the contractor’s personnel.
11. Guns, knives, weapons, alcohol and drugs are prohibited on County property. The
use of tobacco products are prohibited in County facilities.
a. Any damage to the grounds, facilities, equipment, furnishings, and
finishes resulting from the performance of the contracted services or acts
of the contractor’s personnel, shall be repaired/replaced to the satisfaction
of the County at the contractor’s expense.
12. The contractor shall supervise their personnel in the execution of all contractual
responsibilities.
13. All chemicals and equipment shall be maintained and used in strict conformance
to OSHA requirements and commonly recognized safety standards.
8. ALTERNATIVE 2 OPTION
Pittsylvania County reserves the right to add any buildings to the contract when
needed. We are requesting a price for the buildings separate from the Courthouse
Complex. The following buildings may be added:
• County Administration
• Depot Building
• Registrar’s office
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• E911
• Zoning
• B&G
• Sheriff’s Office
• Community Policy Management
• Community Center
• Health Department
These building to be cleaned 3 times a week. Same scope as the Courthouse Complex
building.
9. EXTRAS
Pittsylvania County will be requesting cost for carpet cleaning and floor stripping and
waxing in different areas of the County. We will request quotes when needed.
10. INSTRUCTIONS TO OFFERORS
A. This procurement shall be conducted in accordance with the competitive
negotiation procedures of Pittsylvania County Procurement Policy.
The Procurement Policy is available at:www.pittsylvaniacounty.va.gov.
B. Questions or requests for clarification may be emailed to Connie Gibson,
Purchasing Manager at connie.gibson@pittgov.org.
C. Four (4) copies and one (1) original indicated as “Original” of Proposals shall be
submitted to:
Pittsylvania County, Purchasing Department
P.O. Box 426, 1 Center Street
Chatham, VA 24531
D. All Proposals must be in a sealed envelope or box and clearly marked with the
following information: "Sealed Proposal, RFP #20171213 Janitorial Services for
Courthouse Complex” and company name and address. Proposals not so marked or
sealed may be returned to the Offeror and will not be considered. Proposals shall
clearly indicate the legal name, address and telephone number of the Offeror
(company, firm, partnership, or individual). Proposals shall be signed above the typed
or printed name and title of the individual signing on behalf of the Offeror. All
expenses incurred for submitting shall be borne by the Offeror.
All Proposals shall be received by 2:00 PM on January 11, 2018
E. The Offer shall submit a proposal that demonstrates and provides evidence that the
Offer is able to provide suitable goods and/or services and has the capabilities
professional expertise, and experience to provide janitorial services.
8. PROPOSAL REQUIREMENTS
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A. The proposal shall provide information necessary for Pittsylvania County to
evaluate the qualifications, experience, and expertise of the proposing firm to
perform janitorial services. The proposal shall also demonstrate the experience and
capabilities of the Offeror in providing the goods and services to local and/or state
governments.
B. The proposal shall contain a CONCISE summary of the subject items described in
the proposal evaluation criteria.
C. The proposal shall clearly indicate primary contact and assigned personnel.
Offeror shall provide the name of the Offeror and firm, if any, the address and
telephone number, and the name and title of the primary and secondary
individuals who would be responsible for providing these goods and/or services to
the County.
D. The proposal shall demonstrate Offerors experience in providing Scope of
Services.
E. Offeror shall provide a minimum of three references of other similar size
organizations utilizing janitorial services that they have provided. The references
shall include names, phone numbers and email addresses of key contact
personnel.
F. Offerors shall indicate any exceptions taken to any part of this Request for
Proposals. Offerors shall fill out and clearly identify any proprietary information
and return with proposal response. Identify the specificity of the data or other materials
for which protection is sought, indicate the section and page number where it can be
found in the Offerors RFP response and state the reasons why protection is necessary
in accordance with the Code of Virginia, Chapter 43, § 2.2-4342.
G. Offerors shall provide a table of contents and number all pages of their proposal
response and shall fill out and return the cover page of this RFP signed by a person
with corporate authority to enter into any contract which may result from
the RFP.
H. Offerors shall provide their current workload with particular reference to
personnel and other resources being proposed.
J. Offerors shall provide cost for services stated in the proposal. The cost shall be weekly
or as requested in spreadsheet.
K. Offeror shall include a copy of their State Corporation Commission Certificate of
Good Standing.
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9. PROPOSAL EVALUATION CRITERIA
A. Selection of the successful Offeror(s) will be based upon submission of proposals
meeting the selection criteria. The Selection Committee (SSC) will use the following
criteria in its review and evaluation of the Proposals:
EVALUATION CRITERIA WEIGHT
1. Qualifications and Experience of Offeror in Providing Similar Services. 30 points
2. Approach for Providing Services to Meet the Statement of Needs. 30 points
3. Proposed price based on weekly charges. 25 points
4 Quality, completeness, and responsiveness of the proposal. 15 points
SPECIAL TERMS AND CONDITIONS
AWARD TO MULTIPLE OFFERORS: Selection shall be made of two or
more offerors deemed to be fully qualified and best suited among those
submitting proposals on the basis of the evaluation factors included in the
Request for Proposals, including price, if so stated in the Request for Proposals.
Negotiations shall be conducted with the offerors so selected. Price shall be
considered, but need not be the sole determining factor. After negotiations have
been conducted with each offeror so selected, the agency shall select the offeror
which, in its opinion, has made the best proposal, and shall award the contract to
that offeror. The County reserves the right to make multiple awards as a result of
this solicitation. The County may cancel this Request for Proposals or reject
proposals at any time prior to an award, and is not required to furnish a
statement of the reasons why a particular proposal was not deemed to be the
most advantageous (Code of Virginia, § 2.2-4359D). Should the County
determine in writing and in its sole discretion that only one off eror is fully
qualified, or that one offeror is clearly more highly qualified than the others
under consideration, a contract may be negotiated and awarded to that offeror.
The award document will be a contract incorporating by reference all the
requirements, terms and conditions of the solicitation and the contractor’s
proposal as negotiated.
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REMOVAL FROM DUTY: The County may require the removal of any
Contractor’s employee from the worksite who is deemed to be untrained,
careless, and insubordinate, under the influence of drugs or alcohol, or
incompatible with the library environment.
RENEWAL OF CONTRACT: The County’s intent is to award a one (1)
year contract with an additional four (4) one-year renewals, subject to mutually
agreed upon pricing and terms and conditions. Price increases may be
negotiated only at the time of renewal. Written notice of the County’s
intention to renew shall be given approximately 30 days prior to the expiration
date of each contract period.
If during any subsequent renewal periods, the County elects to exercise the
option to renew the contract, the contract price(s) for the subsequent renewal
period shall not exceed the contract price(s) of the previous renewal period
increased/decreased by more than the percentage increase/decrease of the
Household Operations category of the CPI-W section of the Consumer Price
Index of the United States Bureau of Labor Statistics for the latest twelve
months for which statistics are available.
NON-APPROPRIATION BY PUBLIC BODY: Bidder acknowledges that
Pittsylvania County is a governmental entity, and that contract validity is
based upon the availability of public funding under the authority of the Board
of Supervisors. In the event that public funds are unavailable and/or not
appropriated for the performance of the County’s obligations under any
contract, then the contract shall automatically expire without penalty to the
County upon receipt of written 30-day notice by the County to the Contractor
of the unavailability and/or non-appropriation of public funds.
ANNOUNCEMENT OF AWARD: Upon the award or the announcement of
the decision to award, as a result of this solicitation, the County will publicly
post such notice on the Pittsylvania County website
www.pittsylvaniacountyva.gov) and at the County Administration Building,
located at 1 Center Street, Chatham, VA, 24531.
WORK SITE DAMAGES: Any damage to existing utilities, equipment or
finished surfaces resulting from the performance of this contract shall be
repaired to the County’s satisfaction at the contractor’s expense.
BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall
be valid for sixty (60) days. At the end of the 60 days the bid may be
withdrawn at the written request of the bidder. If the bid is not withdrawn at
that time it remains in effect until an award is made or the solicitation is
canceled.
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CANCELLATION OF CONTRACT: The purchasing agency reserves the
right to cancel and terminate any resulting contract, in part or in whole,
without penalty, upon 30 days written notice to the contractor. In the event the
initial contract period is for more than 12 months, the resulting contract may
be terminated by either party, without penalty, after the initial 12 months of
the contract period upon 60 days written notice to the other party. Any
contract cancellation notice shall not relieve the contractor of the obligation to
deliver and/or perform on all outstanding orders issued prior to the effective
date of cancellation.
COOPERATIVE PURCHASE: If authorized by the Offeror, the contract
resulting from this Request for Proposals may be extended to other public
bodies, public agencies or institutions within the State of Virginia to purchase
at contract prices and terms. Any public entity that uses the contract shall
place its own order(s) directly with the contractor(s). Pittsylvania County
Board of Supervisors is not a party to such contracts and is not responsible for
placement of orders, payment or discrepancies of the participating
jurisdictions. It is the Offeror’s responsibility to notify the jurisdictions of the
availability of contract(s). Offerors who do not wish to extend the terms,
conditions and prices to other public entities shall so indicate in the proposal.
ATTACHMENTS THAT SHOULD BE RETURNED WITH BID:
1. Official Bid Form, page 3
2. Statement of Disclaimer, page 19
3. Contractor Eligibility, page 19
4. Cost Price sheet, page 20
5. Copy of Insurance Certificate
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PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
PURCHASING DEPARTMENT
I. GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS/OFFERORS
1. Reservation of County Rights:
The County reserves the right to accept or reject any or all bids, to waive
any informality and to make an award to a party other than the low bidder, if
deemed in the best interest of the County, subject to the provisions under the
Virginia Public Procurement Act.
The County does not discriminate against faith-based organizations.
2. Laws of the Commonwealth:
And purchase order/contract resulting from this bid process shall be
governed; in all respects whether as to its validity, construction, capacity,
performance or otherwise; by the laws of the Commonwealth. Successful bidders
providing goods to the County herewith assure the County that they are
conforming to the provisions of the Civil Rights Act of 1964, as amended, as well
as the Virginia Fair Employment Act of 1975, as amended, where applicable and
Section 2.2-4311 of the Virginia Public Procurement Act which provides:
In every contract of over $10,000 the provisions in 1 and 2 below apply:
(1) During the performance of this contract, the contractor agrees as follows:
A. Nondiscrimination Clause: The contractor will not discriminate against
any employee or applicant for employment because of race, religion,
color, sex, national origin, age, disability, or other basis prohibited by state
law relating to discrimination in employment, except where there is a bona
fide occupational qualification reasonably necessary to the normal
operation of the contractor. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
B. Equal Opportunity Employer: The contractor, in all solicitations or
advertisements for employees placed by or on behalf of the contractor,
will state that such contractor is an equal opportunity employer.
C. Notices, advertisements and solicitations placed in accordance with
federal law, rule or regulation shall be deemed sufficient for the purpose
of meeting the requirements of this section.
(2) Subcontractors: The contractor will include the provisions of the foregoing
paragraphs A, B, and C in every subcontract or purchase order of over $10,000 so that the
provisions will be binding upon each subcontractor or vendor.
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(3) Drug Free Workplace – During the performance of this contract, the contractor
agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in
conspicuous places, available to employees and applicants for employment, a statement
notifying employees that the unlawful manufacture, sale, distribution, possession, or use
of a controlled substance or marijuana is prohibited in the contractor’s workplace and
specifying the actions that will be taken against employees for violations of such
prohibition; (iii) state in all solicitations or advertisements for employees placed by or on
behalf of the contractor that the contractor maintains a drug-free workplace; and (iv)
include the provisions of the foregoing clauses in every subcontract or purchase order of
over $10,000, so that such provision will be binding upon each subcontractor or vendor.
3. Tax Exemption:
The County is exempt from State sales, and use taxes and will issue a
Certificate of Exemption upon request. Deliveries against any items of this bid
procedure shall be free from any excise or transportation taxes. Excise exemption
registration NO. 54-600-1508 may be used when required or necessary on behalf
of the County.
4. Modifications, Additions, or Changes:
Modifications, additions, or changes to the terms and conditions of this
invitation to bid may be cause for rejection of your bid. All bids shall be entered
on the official bid forms, if provided. Bidders who attach or submit bids on their
or any other forms may be considered unresponsive and may be rejected if an
official bid form is provided.
5. Delivery Point:
Except when otherwise specified herein, all items shall be F.O.B. delivered to
any point within the County as directed by the Central Purchasing Department.
6. Transportation and Packaging:
The authorized agent by signing this bid certifies and warrants that the bid
price offered for F.O.B. destination, includes only the actual freight rate costs at
the lowest and best rate and is based on the actual weight of the goods to be
shipped. Except as otherwise specified herein, standard commercial packaging,
packing and shipping containers shall be used. All shipping containers shall be
properly and legibly marked or labeled on the outside with the commodity
description and number, size and quantity.
7. Evaluation of Bid Documents:
If any prospective bidder is in doubt as to the true meaning of any part of
the specifications or other bid documents, the prospective bidders shall submit a
written request, within the time frame provided, after receipt of the invitation to
bid to the Central Purchasing Department. The Central Purchasing Department
will have final authority to review any discrepancies or deficiencies in the
specifications and then make the necessary interpretations or revisions.
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Interpretations or revisions shall be made official by the issuance of any necessary
addendum and distributed to all potential bidders. The Central Purchasing
Department will not be responsible for explanations or interpretations of the bid
documents, except as issued in writing by the Purchasing Manager and/or County
Administrator.
8. Default:
In the case of default by the successful bidder or failure to deliver the
goods or services ordered by the time specified, the Department of Central
Purchasing, after due written notice may procure these goods or services from
other sources and hold the defaulting vendor responsible for any excess cost
occasioned thereby.
9. Anti-Collusion Certification:
The authorized agent by signing this bid certifies and warrants that this
bid is made without prior understanding, agreement, or connection with any
corporation, firm or person submitting a bid for the same materials, supplies,
equipment or services, and is in all respects fair and without collusion or fraud.
The signing agent understands collusive bidding is a violation of the Virginia
Governmental Frauds Act and Federal Law and can result in fines, prison
sentences, and civil damage awards. The signing agent also agrees to abide by all
conditions of this bid and certifies that he or she is duly authoriz ed to sign this bid
for the bidder represented herein.
10. Kickbacks:
The signing agent certifies and warrants that neither he/she nor the bidder
from whom he/she is authorized to act has offered or received any kickback from
any other bidder, suppliers, manufacturer, or subcontractor in connection with
his/her bid on this solicitation. A kickback is defined as an inducement for the
award of a contract, subcontracts or order, in the form of any payment, loan,
subscription, advance, deposit of money, services or anything, present or
promised, unless consideration of substantially equal or greater value is
exchange. Further, no person shall demand or receive any payment, loan,
subscription, advance, deposit of money, services or anything of value in return
for an agreement not to compete on a public contract.
11. Gifts by Bidder, Offeror, Contractor, or Subcontractor:
No bidder, offeror, contractor, or subcontractor, shall confer on any public
employee or official having formal responsibility for a procurement transaction,
any payment, loan, subscription, advance, deposit of money, services or anything
of more than nominal value, present or promised, unless consideration of
substantially equal or greater value is exchanged.
12. Termination/Cancellation of Contract:
Subject to the provisions below, the contract may be terminated by either
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party upon thirty (30) days advance written notice to the other party; but if any
work or service hereunder is in progress, but not completed as of the date of
termination, then this contract may be extended upon written approval of the
County until said work or services are completed and accepted.
A. Termination for Convenience
In the event that this contract is terminated or cancelled upon
request and for the convenience of the County, without the required thirty
(30) days advance written notice, then the County shall negotiate
reasonable termination costs, if applicable.
B. Termination for Cause
Termination by the County for cause, default or negligence on the
party of the appraiser or firm shall be excluded from the foregoing
provision; termination costs, if any, shall not apply. The thirty (30) days
advance notice requirement is waived in the event of Termination of
Cause.
C. Non-Appropriation Clause/Termination due to Unavailability of Funds in
Succeeding Fiscal Years
When funds are not appropriated or otherwise made available to
support continuation of performance in a subsequent fiscal year, the
contract shall be cancelled and the contractor shall be reimbursed for the
reasonable value of any non-recurring costs incurred but not amortized in
the price of the supplies or services delivered under the contract.
13. Quantities:
Quantities set forth in this invitation are estimates only, and the successful
bidder shall supply at bid prices actual quantities as ordered regardless of whether
such total quantities are more or less than those shown.
14. Ordering:
All orders from the County shall be issued by the Central Purchasing
Department. A County purchase order number is required for the contract; yet
partial order quantities and deliveries will be accepted upon request or as outlined
in the Special Specifications, by the Central Purchasing Department. No other
department or personnel other than those in the Central Purchasing Department of
the County are qualified to issue purchase orders, make changes in orders, or
accept delivery on orders under this contract without specific written
authorization being received by the contractor from the Central Purchasing
Department or as otherwise specified in the Special Specifications.
15. Invoices/Billing Process:
Invoices for items ordered, delivered, and accepted by the Central
Purchasing Department or authorized departments shall be submitted by the
contractor directly to the Accounting Department, at the address shown on the
purchase order. The purchase order number must be referenced on all invoices
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regardless of quantities delivered, backordered, etc. Any outstanding quantities
not included in the billing or invoice should be shown on a separat e statement
specifically marked, as not being an invoice for payment yet is an accountability
of items and cost outstanding.
16. Discounts:
All bids will be evaluated and awarded on net prices. Cash discounts will
not be considered in making awards. If cash discounts for prompt payment are
offered, it must be clearly shown on the bid forms in the space provided. On
monthly invoices any payment terms must be clearly marked. The County will
attempt to take advantage of any such discounts provided our timetable allows us
to do so.
17. Hold Harmless:
The successful contractor assumes and agrees to indemnify, defend and
hold harmless Pittsylvania County, Virginia, its officers, agents, and employees
from any claims, damages and actions of any kind or nature, whether at law or in
equity, arising from or caused by the use of any materials, labor, goods, or
equipment of any kind or nature furnished by the contractor, provided that such
liability is not attributable to the sole negligence on the part of the using agency or
to the manner outlined by the contractor and description literature or
specifications submitted with the contractor’s bid.
18. Warranty:
The contractor shall provide warranty documents on any material, goods
or equipment of any kind or nature provided by the contractor, his subcontractor
or other agents. The warranty shall be in effect for the period of time specified.
19. Contractual Intent
Upon successful award of this bid by the County, it is the County’s intent
to have a written contract fully executed by all participating parties. This contract
shall delineate the capacity, performances and considerations for all parties
involved.
The contents of the bid submitted by the successful bidder and the bid
specifications shall become a part of any contract awarded as a result of these
specifications. The successful vendor will be expected to sign a “Standard
Contract for Services” with the County.
Sample contracts may be submitted by either party at the time of the bid,
however, the County reserves the right to use its uniform contract format over all
samples submitted.
20. Insurance
By signing and submitting a bid/proposal under this solicitation, the
Bidder/Offeror certifies that if awarded the contract, it will maintain all requ ired
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Worker’s Compensation, Employer’s Liability, Commercial General Liability and
Automobile Liability insurance coverage during the entire term of the contract
and that all insurance coverage will be provided by insurance companies
authorized to sell insurance in Virginia by the Virginia State Corporation
Commission. Copies of insurance certificates shall be submitted with all
bids/proposals.
21. Use of Name Brands Within These Specifications:
The name of a certain brand, make, manufacturer, or definite specification
is to denote the quality to the specific brand, make, manufacturer, or specification
named; it is to set forth and convey to prospective bidders the general style, type,
character and quality of article desired, and wherever in specifications or contract
documents a particular brand, make of materials, device or equipment shall be
regarded merely as a standard. Any other brand, make of material, device or
equipment which is recognized the equal of that specified, considering quality,
workmanship and economy of operation and is suitable for the purpose intended,
shall be considered responsive to the specifications.
22. Access To Records:
The County Administrator or his duly authorized agent, shall, until the
expiration of three (3) years following the final payment on this Agreement, have
access to and the right to examine and copy any directly pertinent books,
documents, papers, and records of Lessor and Assignee involving transactions
related to this Agreement. Lessor and Assignee shall have the reciprocal right,
until the expiration of three (3) years following final payment on this Agreement,
to have access to and examine and copy any directly pertinent books, documents,
papers and records of the County Administrator in the event of litigation or
arbitration involving this Agreement, rights of access, examination and copying
hereunder granted to Lessor, Assignee, and Lessee shall continue until such
claims have been finally disposed of.
Attach
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STATEMENT OF DISCLAIMER
RE: ______________________________ (BID OR RFP #)
This is to certify that no employee, official, or elected officer of the County of
Pittsylvania has a proprietary interest in the company, corporation, partnership, or other
organization, furnishing the goods and/or services, or stands to benefit personally from
the furnishing of such goods or services as referenced above.
FIRM: _________________________
BY: _________________________
TITLE: ________________________
CONTRACTOR ELIGIBILITY CERTIFICATION
This is to certify that this person/firm/corporation has not been barred from
bidding on contracts by any agency of the Commonwealth of Virginia, nor is this
person/firm/corporation a part of any firm/corporation that has been barred from bidding
on contracts by any agency of the Commonwealth of Virginia.
______________________________
Name of Official
______________________________
Title
______________________________
Firm or Corporation
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COST Spreadsheet Total
Cost per week
Courthouse Complex 3 x weekly x 52
Courtroom Carpet Cleaning once a year x 1
Tile/vinyl floors stripped and waxed once a year
Main Entry floor x1
Second Floor ( General District Ct)x1
Top Floor ( Cuircuit Ct and J&D Ct)x1
includes bathrooms
Alternative 2- do not include waxing/stripping or carpet cleaning 3 x weekly Cost per week
County Administration
Depot Building
Registrar's Office
E911
Zoning
B&G
Sheriff's Office ( Moses Building)
Community Policy
Community Center
Health Department
Stripping and waxing /carpet cleaning per building once a year
COST
County Admin Building
Registrar's Office
E911
Zoning
B&G
Sheriff's Office
Community Policy
Community Center
Health Department
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Insurance for Fire and Rescue
Qualifications and Experience of
Offeror in Providing Similar Services. 30
Approach for Providing Services to
Meet the Statement of Needs. 30
Proposed price based on weekly
charges. 25
Quality, completeness, and
responsiveness of the proposal 15
Evaluator 1 Evaluator 2 Evaluator 3
Vendors Gibson Dalton Hicks
Goodwill 77 75 80 232
S&W Maintenance Services 55 70 55 180
Baam 60 65 55 180
Tri County 90 80 94 264
Jani-King 55 55 40 150
Derrick's Cleaning 75 80 91 246
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Packet Pg. 92 Attachment: Copy of Tabulation Sheet (1135 : Courthouse Janitorial Bids)
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Packet Pg. 93 Attachment: Copy of Tabulation Sheet (1135 : Courthouse Janitorial Bids)
Derrick TCM
Ct House complex- yrly 28,080.00$ $34,200.00
Circuit Ct. carpet cleaning ( all rooms)& tile includes
jury, witness, Judge Chambers, bathrooms, hallways 4,380.00$ $1,076.32
Main Entry/bathrooms 800.00$ $588.70Second Floor/hallway carpet and stairs carpet,
Comm of Rev, Clerk of Ct Hallway tile,bathrooms &
Gen Ct. hallway carpet 1,880.00$ $419.72
35,140.00$ $36,284.74
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Packet Pg. 95 Attachment: Copy of Top 2 evaluation price sheet (1135 : Courthouse Janitorial Bids)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Award of Bids for Lawn Maintenance (Staff Contact: Richard N. Hicks)
Staff Contact(s): Richard N. Hicks
Agenda Date: May 15, 2018 Item Number: 7.j
Attachment(s):
IFB 20180108 Lawn Maintenance
Lawn Maintenance Tabulation Sheet
Pittsylvania County Discount Memo
Reviewed By:
SUMMARY:
On January 8, 2018, the County issued an Invitation for Bids (“IFB”) for lawn maintenance for
all County facilities and properties. The IFB was advertised in The Chatham Star Tribune and
The Danville Register and Bee and posted on the County’s website and public notice board. Six
(6) bids were received. The low bid submitted was from Crider Contracting, LLC, in the amount
of $38,400 annually. The lawn maintenance contract would be for one (1) year with four (4)
optional yearly renewals. The maximum total of any contemplated lawn maintenance contract
would be $192,000.
For your reference and review, attached please find a copy of the IFB, a bid tabulation sheet, and
an offer of a fifteen percent (15%) discount from the recommended vendor for year one (1) of
the contract.
FINANCIAL IMPACT AND FUNDING SOURCE:
Funds are included in the FY 17/18 and FY 18/19 County Budgets to cover the cost of the
proposed contract.
RECOMMENDATION:
County Staff recommends the Board of Supervisors award the bid for lawn maintenance to
Crider Contracting, LLC, in the amount of $38,400 annually.
MOTION:
“I make a Motion to award the lawn care maintenance contract to Crider Contracting, LLC, in
the amount of $38,400 annually.”
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PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
Invitation for Bid
IFB: 20180108
Lawn Maintenance Services
January 9, 2018
CONTACTS: CONNIE GIBSON, PURCHASING MANAGER
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INVITATION FOR BIDS
Issue Date: January 9, 2018 IFB# 20180108
Issuing: Pittsylvania County, Virginia, Purchasing Department
Title: Lawn Maintenance Services
Sealed Bids Will Be Received Until 2:00 P.M. February 1, 2018, and then publicly
opened, for furnishing the following described equipment, materials, and/or
services, for delivery and/or performance. Public opening will be in the conference
room located at 1 Center Street, Chatham, VA 24531. Bids received after the
deadline will be disqualified.
Mailing address: Connie Gibson
Pittsylvania County Purchasing Department
P.O. Box 426 – 1 Center Street
Chatham, VA 24531
Copies of the Bid Documents may be obtained at the Purchasing Department located in County
Administration Building 1 Center Street, Virginia, at no charge. You may also download this bid at
https://www.pittsylvaniacountyva.gov website.
All inquiries for bid information should be directed to: Connie Gibson, Purchasing Manager,
telephone number: (434) 432-7744, Fax: (434) 432-7746, or connie.gibson@pittgov.org.
Please mark outside of envelope as follows:
IFB 20180108
Lawn Maintenance Services
PRE-BIDCONFERENCE: There will be no pre-bid conference. Each prospective
bidder is required to visit and inspect each work location before submitting their bid.
Bids will only be accepted from bidders who have visited the work location. The bidder
must sign and return page 18, stating they have inspected each location.
Note: The County of Pittsylvania, Virginia does not discriminate against faith-based
organizations in accordance with the Code of Virginia, §§ 2.2-4343.1, 1950 as amended or
against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or
any other basis prohibited by Federal, State, and County law relating to discrimination in
employment or contracting.
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In compliance with this invitation for bids, and subject to all the conditions thereof, the
undersigned offers, if this bid is accepted within (60) calendar days from the date of the opening, to
furnish any or all of the items and/or services upon which prices are quoted, at the price set
opposite each item, to be delivered at the time and place specified herein. The undersigned certifies
he has read, understands, and agrees to all terms, conditions, and requirements of this bid, and is
authorized to contract on behalf of firm named below.
Name and Address of Firm:
Date:
By:
Signature
Print Name
Title
Telephone Number:
e-mail: __________________ FIN:_______________________
REFERENCES: Provide at least 3 references that you currently provide lawn care services.
Please include the company’s name, contact person and phone number.
1.
2.
3.
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I. PURPOSE
The Purpose and Intent of this Invitation for Bid is to establish a firm fixed price contract with
one or more vendors who can provide lawn care services to include all labor, materials,
equipment and supervision for locations identified in this IFB, in accordance with the
specifications, terms and conditions stated herein.
CONTRACT ADMINISTRATOR/PROJECT MANAGER:
As the Contract Administrator, the following individual, or his designee, shall serve as the
interpreter of the conditions of the contract and in the coordination and scheduling of the lawn
care.
Darrell Dalton: Director of Building and Grounds
II. SCOPE OF SERVICE
1) MATERIALS, LABOR AND EQUIPMENT
The Contractor shall provide all materials, labor, and equipment necessary to perform the specifics
of this contract and ensure that all properties are kept in a neat appearance. Some properties are
high profile areas, those properties are required to be maintained weekly throughout the terms of
the contract. All areas will be noted in this IFB of the schedule of work to be performed. See
attachment A.
The Contractor shall perform the operations provided for in these specifications in a manner that
will promote the continued life and healthy growth of all plants.
2) MOWING
Turf areas will be mowed weekly during the normal growing season (March 1-October 31) and as
otherwise needed to maintain a neat and uniform appearance. The lawn area is defined as the area
between planting areas and the paved areas, or the areas between buildings and the paved areas.
The grass will be maintained at a height of one and one half (1.5) to two (2) inches unless otherwise
requested by the Building and Grounds Director.
3) TRIMMING
All immovable objects and areas that cannot be mowed will be trimmed at the same interval as the
lawn area is mowed.
4) LEAF REMOVAL
All leaves will be mulched or removed from turf areas, parking lots, alley ways, and sidewalks
weekly during the fall season. The contractor shall be solely responsible for the disposal of the
leaves removed. The leaves shall be transported off site and disposed of in a manner consistent
with applicable laws and regulations.
5) HERBICIDE USE/SPRAYING
Spring and summer preparation is to include herbicide application for pre and post-emergent
control of broad leaf weeds, Bahia grass, and weeds. The Contractor will be required to use pre
or post-emergent herbicides to eliminate any weed problems. The Contractor will be liable for
damage to plants which result from the application of herbicides. Pavements, sidewalks, fences,
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around buildings and other areas that the Building Grounds Director request shall be sprayed
twice a year.
6) ADDITIONAL SERVICES:
These items will be in addition to required services, on an “as needed bases”, determined
and approved by authorized personnel.
Aerating & Seeding
Mulching of all beds
Tree pruning/trimming
Fertilization of lawns
Lime treatment
7) LICENSE REQUIREMENTS:
The contractor shall have all state and local licenses required by statute and local
ordinances for the commercial application of insecticides, fungicides, and other such
chemicals utilized in the performance of lawn care maintenance.
8) PLAN OF OPERATIONS
Within ten (10) calendar days after the award of the contract, the Contractor shall submit
to the Purchasing Office a complete plan of operation to include:
a. Name, address, and telephone number of the individual(s) responsible for
attainment of the performance standards.
b. A detailed schedule of services to be provided and the dates on which the services
will be performed for the contract year.
c. A list all equipment that will be used.
Once this is received by B&G Director, a meeting will be set up to review and approve outlined
services.
9) CONTRACTORS RESPONSIBILITIES
The Contractor shall adhere to the schedule submitted and approved under the provision of
Section 8: Plan of Operations. If it becomes necessary to perform the services at times other
than those submitted under the plan of operations, the Contractor shall notify the Contract
Administrator of such changes.
a. The Contractor shall correct all discrepancies reported by the Contract
Administrator during the next scheduled period.
b. The Contractor shall be responsible for the conduct and performance of the
Contractor’s employees, and compliance with the following rules:
1. Contractor’s employees appearing to be under the influence of alcohol
or drugs shall not be permitted on the DOAV premises.
2. No loud or boisterous conduct will be permitted.
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3. Contractor’s employees shall operate all equipment in the manner the
equipment is designed for.
4. Contractor’s employees shall apply all chemicals in accordance with the
manufacturers labeled instructions.
5. Contractor’s employees are not to use agency equipment (computers,
telephones, etc.) at any time.
6. Contractor’s employees shall wear and display issued badge at ALL
times. If badge is not displayed, Pittsylvania County reserves the right to
request removal of such employee and replacement of employee with
correct security clearance badge, at the Contractor’s expense.
Pittsylvania County reserves the right to request removal of any of the Contractor’s employees
from the premises at any time for reasonable cause.
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ATTACHMENT A
SCHEDULE OF WORK
OCATION ADDRESS WORK TO BE
PERFORMED
TIMETABLE PRICE
Courthouse 11 N Main
Street, Chatham,
Mowing, trimming, leaf
blowing, spraying,
Once a week
X 52 weeks=
Captain Martin
Building
1 Center Street,
Chatham
Mowing, trimming, leaf
blowing, spraying
Once a week
X 52 weeks
Depot Building 18 Depot Street,
Chatham,
Mowing and trimming Once a week
X 52 weeks
National Guard
Amory
326 S. Main S.
Chatham,
Mowing, trimming, leaf
blowing, spraying.
Once a week
X 52 weeks
Registrar’s Office 110 Old Elem
Lane Chatham
Mowing, trimming, leaf
blowing, spraying.
Once a week
X 52 weeks
Health Services
Center
200 HG McGhee
Dr. Chatham
Mowing, trimming, leaf
blowing, spraying.
Once a week
X 52 weeks
E911 Building 53 N Main
Street, Chatham,
Mowing, trimming,
spraying.
Once a week
X 52 weeks
B&G Maintenance
Shop
53 N Main
Street, Chatham,
Mowing, trimming,
spraying.
Once a week
X 52 weeks
Callands
Jail/Courthouse
597 Sago Rd.,
Callands, 24530
Mowing, trimming, leaf
blowing, spraying,
Once a week
X 52 weeks
Yates Tavern 1270 S Main St.
Gretna, VA
Mowing, trimming,
spraying,
Twice a month
X 26 weeks
Sago Cemetery 2296 Mountain
Dr., Callands,
Mowing, trimming, leaf
blowing, spraying,
Once a month
X 12 weeks
Way Side Park
(12 acres)
1551 Main St.
Hurt, VA 24563
Mowing, trimming,
spraying picnic areas a
Twice a month
X 26 weeks
Ringgold Trail
(5.8 miles)
57 Dan River
Trl, Ringgold
Mowing, trimming,
spraying,
Once a month
X 12 weeks
Ringgold Depot
Station
100 Ringgold
Depot Ln.,
Ringgold
Mowing, trimming,
spraying,
Once a month
X 12 weeks
Blairs School 200 Blairs
Middle Sch Cir,
Blairs
Mowing, trimming Once a month
X 12 weeks
Gretna Middle
School Baseball
Field
203 Northside
Dr., Gretna
Mowing, trimming Once a month
X 12 weeks
Pet Center 11880 US Hwy
29, Chatham,
Mowing, trimming, leaf
blowing, spraying,
Once a week
X 52
Animal Control
Center
382 Rainbow
Lane, Dry Fork,
Mowing and trimming Once a week
X 52
8 Tower Sites See attachment B Trimming and spray Once a month
x 12
12 Welcome Signs See attachment C Trimming and spraying Once a month
x 12
ANNUAL
TOTAL
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ATTACHMENT B
TOWER SITE LOCATIONS
1. 6310 Rockford School Road, Gretna
2. 120 Renan Rd, Gretna, VA
3. 3710 Wards Rd., Hurt, VA
4. 535 Tower Lane, Blairs, Va
5. 20410 Franklin Turnpike, Chatham
6. 95 Cascade Road, Cascade, VA 24069
7. 53 N Main St. Chatham, VA
8. 325 Dodson Lane, Ringgold, VA
9. 3710 Wards Rd, Hurt, VA
ATTACHMENT C
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Pittsylvania County Welcome Sign Locations
1. US 40 East approximately 2/10 mile East of Pittsylvania County- Franklin County line.
Welcome sign located next to litter sign.
2. US 40 West approximately 3/10 mile West of State Rd 1285 (Cluster Pines Rd) at
Pittsylvania County- Halifax County line. Welcome sign located on bank next to power
lines.
3. US 29 South approximately 3/10 mile South of bridge at the Pittsylvania County -
Campbell line. Sign located in triangle between US 29 & Hurt Exit.
4. US 29 South/US 58 West bypass near Pittsylvania County-City of Danville line near Rt.
1141 Greensboro Road & Railroad trestle overpass. Sign located on bank.
5. US 58 West approximately 100 feet west of the Wolf Creek Ridge at Pittsylvania
County- Halifax County line. Sign located on the top of the bank.
6. US 58 East approximately 2/10 mile east of Pittsylvania County- Henry County line. Sign
located next to power post at State Rd 1027 on back.
7. US 58 approximately 500 feet west of Pittsylvania County- City of Danville line. Sign
located in triangle between US 58 westbound lane and exit lane off Westover.
8. US 57 east approximately 600 feet east of Pittsylvania County-Henry County line. Sign
located on bank.
9. US 57 west approximately 200 feet from Pittsylvania County- Halifax County line. Sign
located in curve pass Soil Conservation sign.
10. 265 Bypass on the northbound lane approximately 3/10 mile from the Pittsylvania
County-City of Danville line. Sign located in triangle between 265 northbound land and
the 360 exit.
11. 62 North approximately 3/10 mile from the North Carolina- Virginia State line. Sign
located on the bank pass the Virginia Welcome sign.
12. 360 West approximately 250 feet from the Pittsylvania County- Halifax County line.
Sign located right before the Chevron sign in curve.
Mowing and trimming shall be 10’ around all sides of the signs.
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I. SPECIAL TERMS AND CONDITIONS
BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (120)
days. At the end of the days the bid may be withdrawn at the written request of the bidder. If the
bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is
canceled.
ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to
award a contract as a result of this solicitation, the purchasing agency will publicly post such notice
on the County’s website, www.pittsylvaniacountyva.gov and on the County Public Notice Bulletin
Board located at 1 Center Street, Chatham, VA 24531.
CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and
terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice
to the contractor. In the event the initial contract period is for more than 12 months, the resulting
contract may be terminated by either party, without penalty, after the initial 12 months of the
contract period upon 60 days written notice to the other party. Any contract cancellation notice
shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders
issued prior to the effective date of cancellation.
REMOVAL FROM DUTY: The County may require the removal of any Contractor’s employee
from the worksite who is deemed to be untrained, careless, and insubordinate, under the influence
of drugs or alcohol, or incompatible with the library environment.
PRE-BID CONFERENCE: There will be no pre-bid conference, but each prospective bidder is
required to visit and inspect each work location before submitting a bid. Bids will only be accepted
from visitors who have visited the work location and conferred with the bookkeeper/accountant.
AWARD TO MULTIPLE BIDDERS: The County reserves the right to make multiple awards
as a result of this solicitation. The award(s) will be made to the lowest responsive and responsible
bidder(s) meeting the requirements of the solicitation. The County reserves the right to conduct
any tests it may deem advisable and to make all evaluations. The County also reserves the right to
reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making
the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best
interest.
***Award shall be on the estimated TOTAL for one (1) year lawn care services for each site.
RENEWAL OF CONTRACT: This contract may be renewed by the County for four (4)
successive one-year periods under the terms and conditions of the original contract except as stated
below. Price increases may be negotiated only at the time of renewal. Written notice of the
County’s intention to renew shall be given approximately 30 days prior to the expiration date of
each contract period.
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If during any subsequent renewal periods, the County elects to exercise the option to renew
the contract, the contract price(s) for the subsequent renewal period shall not exceed the contract
price(s) of the previous renewal period increased/decreased by more than the percentage
increase/decrease of the Household Operations category of the CPI-W section of the Consumer
Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which
statistics are available.
NON-APPROPRIATION BY PUBLIC BODY: Bidder acknowledges that Pittsylvania
County is a governmental entity, and that contract validity is based upon the availability of public
funding under the authority of the Board of Supervisors. In the event that public funds are
unavailable and/or not appropriated for the performance of the County’s obligations under any
contract, then the contract shall automatically expire without penalty to the County upon receipt
of written 30-day notice by the County to the Contractor of the unavailability and/or non -
appropriation of public funds.
If cost results from the IFB are not in the best interest of the County, the County has the
right to cancel the IFB award.
WORK SITE DAMAGES: Any damage to existing utilities, equipment or
finished surfaces resulting from the performance of this contract shall be repaired to the County’s
satisfaction at the contractor’s expense.
ATTACHMENTS THAT SHOULD BE RETURNED WITH BID:
1. Official Bid Form, page 3
2. Contractor Eligibility, page 18
3. Attachment A- Price Sheet page 7
4. Copy of Insurance Certificate
5. Inspected each location page 18
COOPERATIVE PURCHASE: If authorized by the Offeror, the contract resulting from this
Request for Proposals may be extended to other public bodies, public agencies or institutions
within the State of Virginia to purchase at contract prices and terms. Any public entity that uses
the contract shall place its own order(s) directly with the contractor(s). Pittsylvania County Board
of Supervisors is not a party to such contracts and is not responsible for placement of orders,
payment or discrepancies of the participating jurisdictions. It is the Offeror’s responsibility to
notify the jurisdictions of the availability of contract(s). Offerors who do not wish to extend the
terms, conditions and prices to other public entities shall so indicate in the proposal.
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PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
PURCHASING DEPARTMENT
I. GENERAL TERMS AND CONDITIONS
1. Reservation of County Rights:
The County reserves the right to accept or reject any or all bids, to waive any
informality and to make an award to a party other than the low bidder, if deemed in the
best interest of the County, subject to the provisions under the Virginia Public Procurement
Act.
The County does not discriminate against faith-based organizations.
2. Laws of the Commonwealth:
Any purchase order/contract resulting from this bid process shall be governed; in
all respects whether as to its validity, construction, capacity, performance or otherwise; by
the laws of the Commonwealth. Successful bidders providing goods to the County
herewith assure the County that they are conforming to the provisions of the Civil Rights
Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as
amended, where applicable and Section 2.2-4311 of the Virginia Public Procurement Act
which provides:
In every contract of over $10,000 the provisions in 1 and 2 below apply:
(1) During the performance of this contract, the contractor agrees as follows:
A. Nondiscrimination Clause: The contractor will not discriminate against any
employee or applicant for employment because of race, religion, color, sex, national
origin, age, disability, or other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide occupational
qualification reasonably necessary to the normal operation of the contractor. The
contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
B. Equal Opportunity Employer: The contractor, in all solicitations or advertisements
for employees placed by or on behalf of the contractor, will state that such
contractor is an equal opportunity employer.
C. Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
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(2) Subcontractors: The contractor will include the provisions of the foregoing paragraphs A,
B, and C in every subcontract or purchase order of over $10,000 so that the provisions will be
binding upon each subcontractor or vendor.
(3) Drug Free Workplace – During the performance of this contract, the contractor agrees to (i)
provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places,
available to employees and applicants for employment, a statement notifying employees t hat the
unlawful manufacture, sale, distribution, possession, or use of a controlled substance or marijuana
is prohibited in the contractor’s workplace and specifying the actions that will be taken against
employees for violations of such prohibition; (iii) state in all solicitations or advertisements for
employees placed by or on behalf of the contractor that the contractor maintains a drug-free
workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or
purchase order of over $10,000, so that such provision will be binding upon each subcontractor or
vendor.
3. Tax Exemption:
The County is exempt from State sales, and use taxes and will issue a Certificate of
Exemption upon request. Deliveries against any items of this bid procedure shall
be free from any excise or transportation taxes. Excise exemption registration NO.
54-600-1508 may be used when required or necessary on behalf of the County.
4. Modifications, Additions, or Changes:
Modifications, additions, or changes to the terms and conditions of this invitation
to bid may be cause for rejection of your bid. All bids shall be entered on the
official bid forms, if provided. Bidders who attach or submit bids on their or any
other forms may be considered unresponsive and may be rejected if an official bid
form is provided.
5. Delivery Point:
Except when otherwise specified herein, all items shall be F.O.B. delivered to any
point within the County as directed by the Central Purchasing Department.
6. Transportation and Packaging:
The authorized agent by signing this bid certifies and warrants that the bid price
offered for F.O.B. destination, includes only the actual freight rate costs at the lowest and
best rate and is based on the actual weight of the goods to be shipped. Except as otherwise
specified herein, standard commercial packaging, packing and shipping containers shall be
used. All shipping containers shall be properly and legibly marked or labeled on the outside
with the commodity description and number, size and quantity.
7. Evaluation of Bid Documents:
If any prospective bidder is in doubt as to the true meaning of any part of the
specifications or other bid documents, the prospective bidders shall submit a written
request, within the time frame provided, after receipt of the invitation to bid to the Central
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Purchasing Department. The Central Purchasing Department will have final authority to
review any discrepancies or deficiencies in the specifications and then make the necessary
interpretations or revisions. Interpretations or revisions shall be made official by the
issuance of any necessary addendum and distributed to all potential bidders. The Central
Purchasing Department will not be responsible for explanations or interpretations of the
bid documents, except as issued in writing by the Purchasing Manager and/or County
Administrator.
8. Default:
In the case of default by the successful bidder or failure to deliver the goods or
services ordered by the time specified, the Department of Central Purchasing, after due
written notice may procure these goods or services from other sources and hold the
defaulting vendor responsible for any excess cost occasioned thereby.
9. Anti-Collusion Certification:
The authorized agent by signing this bid certifies and warrants that this bid is made
without prior understanding, agreement, or connection with any corporation, firm
or person submitting a bid for the same materials, supplies, equipment or services,
and is in all respects fair and without collusion or fraud. The signing agent
understands collusive bidding is a violation of the Virginia Governmental Frauds
Act and Federal Law and can result in fines, prison sentences, and civil damage
awards. The signing agent also agrees to abide by all conditions of this bid and
certifies that he or she is duly authorized to sign this bid for the bidder represented
herein.
10. Kickbacks:
The signing agent certifies and warrants that neither he/she nor the bidder from
whom he/she is authorized to act has offered or received any kickback from any
other bidder, suppliers, manufacturer, or subcontractor in connection with his/her
bid on this solicitation. A kickback is defined as an inducement for the award of a
contract, subcontracts or order, in the form of any payment, loan, subscription,
advance, deposit of money, services or anything, present or promised, unless
consideration of substantially equal or greater value is exchange. Further, no
person shall demand or receive any payment, loan, subscription, advance, deposit
of money, services or anything of value in return for an agreement not to compete
on a public contract.
11. Gifts by Bidder, Offeror, Contractor, or Subcontractor:
No bidder, offeror, contractor, or subcontractor, shall confer on any public
employee or official having formal responsibility for a procurement transaction, any
payment, loan, subscription, advance, deposit of money, services or anything of more
than nominal value, present or promised, unless consideration of substantially equal or
greater value is exchanged.
12. Termination/Cancellation of Contract:
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Subject to the provisions below, the contract may be terminated by either party
upon thirty (30) days advance written notice to the other party; but if any work or
service hereunder is in progress, but not completed as of the date of termination,
then this contract may be extended upon written approval of the County until said
work or services are completed and accepted.
A. Termination for Convenience
In the event that this contract is terminated or cancelled upon request and
for the convenience of the County, without the required thirty (30) days
advance written notice, then the County shall negotiate reasonable
termination costs, if applicable.
B. Termination for Cause
Termination by the County for cause, default or negligence on the party of
the appraiser or firm shall be excluded from the foregoing provision;
termination costs, if any, shall not apply. The thirty (30) days advance
notice requirement is waived in the event of Termination of Cause.
C. Non-Appropriation Clause/Termination due to Unavailability of Funds in
Succeeding Fiscal Years
When funds are not appropriated or otherwise made available to support
continuation of performance in a subsequent fiscal year, the contract shall
be cancelled and the contractor shall be reimbursed for the reasonable value
of any non-recurring costs incurred but not amortized in the price of the
supplies or services delivered under the contract.
13. Quantities:
Quantities set forth in this invitation are estimates only, and the successful bidder
shall supply at bid prices actual quantities as ordered regardless of whether such
total quantities are more or less than those shown.
14. Ordering:
All orders from the County shall be issued by the Central Purchasing Department.
A County purchase order number is required for the contract; yet partial order
quantities and deliveries will be accepted upon request or as outlined in the Special
Specifications, by the Central Purchasing Department. No other department or
personnel other than those in the Central Purchasing Department of the County are
qualified to issue purchase orders, make changes in orders, or accept delivery on
orders under this contract without specific written authorization being received by
the contractor from the Central Purchasing Department or as otherwise specified in
the Special Specifications.
15. Invoices/Billing Process:
Invoices for items ordered, delivered, and accepted by the Central Purchasing
Department or authorized departments shall be submitted by the contractor directly
to the Accounting Department, at the address shown on the purchase order. The
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purchase order number must be referenced on all invoices regardless of quantities
delivered, backordered, etc. Any outstanding quantities not included in the billing
or invoice should be shown on a separate statement specifically marked, as not
being an invoice for payment yet is an accountability of items and cost outstanding.
16. Discounts:
All bids will be evaluated and awarded on net prices. Cash discounts will not be
considered in making awards. If cash discounts for prompt payment are offered, it
must be clearly shown on the bid forms in the space provided. On monthly invoices
any payment terms must be clearly marked. The County will attempt to take
advantage of any such discounts provided our timetable allows us to do so.
17. Hold Harmless:
The successful contractor assumes and agrees to indemnify, defend and hold
harmless Pittsylvania County, Virginia, its officers, agents, and employees from
any claims, damages and actions of any kind or nature, whether at law or in equity,
arising from or caused by the use of any materials, labor, goods, or equipment of
any kind or nature furnished by the contractor, provided that such liability is not
attributable to the sole negligence on the part of the using agency or to the manner
outlined by the contractor and description literature or specifications submitted with
the contractor’s bid.
18. Warranty:
The contractor shall provide warranty documents on any material, goods or
equipment of any kind or nature provided by the contractor, his subcontractor or
other agents. The warranty shall be in effect for the period of time specified.
19. Contractual Intent
Upon successful award of this bid by the County, it is the County’s intent to have
a written contract fully executed by all participating parties. This contract shall
delineate the capacity, performances and considerations for all parties involved.
The contents of the bid submitted by the successful bidder and the bid
specifications shall become a part of any contract awarded as a result of these
specifications. The successful vendor will be expected to sign a “Standard Contract for
Services” with the County.
Sample contracts may be submitted by either party at the time of the bid, however,
the County reserves the right to use its uniform contract format over all samples
submitted.
20. Insurance
By signing and submitting a bid/proposal under this solicitation, the Bidder/Offeror
certifies that if awarded the contract, it will maintain all required Worker’s Compensation,
Employer’s Liability, Commercial General Liability and Automobile Liability insurance
coverage during the entire term of the contract and that all insurance coverage will be
7.j.a
Packet Pg. 112 Attachment: IFB 20180108 Lawn Maintenance (1138 : Lawn Maintenance)
17 | P a g e
provided by insurance companies authorized to sell insurance in Virginia by the Virginia
State Corporation Commission. Copies of insurance certificates shall be submitted with
all bids/proposals.
21. Use of Name Brands Within These Specifications:
The name of a certain brand, make, manufacturer, or definite specification is to
denote the quality to the specific brand, make, manufacturer, or specification
named; it is to set forth and convey to prospective bidders the general style, type,
character and quality of article desired, and wherever in specifications or contract
documents a particular brand, make of materials, device or equipment shall be
regarded merely as a standard. Any other brand, make of material, device or
equipment which is recognized the equal of that specified, considering quality,
workmanship and economy of operation and is suitable for the purpose intended,
shall be considered responsive to the specifications.
22. Access To Records:
The County Administrator or his duly authorized agent, shall, until the expiration
of three (3) years following the final payment on this Agreement, have access to
and the right to examine and copy any directly pertinent books, documents, papers,
and records of Lessor and Assignee involving transactions related to this
Agreement. Lessor and Assignee shall have the reciprocal right, until the expiration
of three (3) years following final payment on this Agreement, to have access to and
examine and copy any directly pertinent books, documents, papers and records of
the County Administrator in the event of litigation or arbitration involving this
Agreement, rights of access, examination and copying hereunder granted to Lessor,
Assignee, and Lessee shall continue until such claims have been finally disposed
of.
7.j.a
Packet Pg. 113 Attachment: IFB 20180108 Lawn Maintenance (1138 : Lawn Maintenance)
18 | P a g e
CONTRACTOR ELIGIBILITY CERTIFICATION
This is to certify that this person/firm/corporation has not been barred from
bidding on contracts by any agency of the Commonwealth of Virginia, nor is this
person/firm/corporation a part of any firm/corporation that has been barred from bidding
on contracts by any agency of the Commonwealth of Virginia.
______________________________
Name of Official
______________________________
Title
______________________________
Firm or Corporation
This is to certify that I have inspected all locations and areas requested in this IFB.
Name of Official: __________________________________________
Title: ____________________________________________________
Date: ____________________________________________________
7.j.a
Packet Pg. 114 Attachment: IFB 20180108 Lawn Maintenance (1138 : Lawn Maintenance)
Bid Tabualtion for Lawn Maintenance- 2/1/18
8 mths
Vendor Ct House Capt. Martin Depot Nat. Guard Registrar Health Services E911 B&G Callands Ct/Jail Yates Tav Sago Cem.Wayside Ringgold Trail Ringglod Dep Blairs sch Gretna AC Pet Center Towers Signs Total
Scarce Lawn $10,800.00 $2,400.00 $2,400.00 $6,480.00 $5,760.00 $2,160.00 $3,600.00 $33,600.00
Carter Green Tumb $5,200.00 $4,160.00 $8,840.00 $2,600.00 $3,120.00 $2,600.00 $6,600.00 $7,800.00 $40,920.00
Crider Contracting $2,400.00 $2,000.00 $800.00 $2,800.00 $1,400.00 $2,000.00 $700.00 $400.00 $4,000.00 $1,200.00 $400.00 $4,000.00 $4,000.00 $800.00 $800.00 $1,500.00 $800.00 $2,000.00 $2,200.00 $4,200.00 $38,400.00
Tommy Collie $1,200.00 $420.00 $840.00 $2,496.00 $3,960.00 $8,916.00
JED's Lawn Care $3,275.00 $3,275.00 $1,750.00 $4,575.00 $1,875.00 $5,450.00 $1,750.00 $2,625.00 $5,250.00 $1,105.00 $1,125.00 $7,225.00 $2,655.00 $855.00 $1,125.00 $1,575.00 $4,725.00 $6,125.00 $6,075.00 $7,740.00 $70,155.00
Derrick's Cleaning $2,080.00 $1,820.00 $1,300.00 $3,380.00 $2,080.00 $2,340.00 $1,040.00 $1,560.00 $3,120.00 $910.00 $360.00 $1,950.00 $1,200.00 $360.00 $1,800.00 $1,800.00 $1,300.00 $3,380.00 $3,780.00 $5,040.00 $40,600.00
Low Bid Total
Low Bid per site
not all signs/tower
AC
30 weeks
Scarce Lawn 3,738.30
7.j.b
Packet Pg. 115 Attachment: Lawn Maintenance Tabulation Sheet (1138 : Lawn Maintenance)
RE: IFB20180108
February 2018
Crider Contracting will discount the requested and performed work per the referenced contract for the
1st award year by 15% of the total $38,400. If certain sections of the contract are not used or deleted by
the County, the total reduction shall not less than 32,000 for the contract period (2018).
Kevin Crider
(434) 258-7974
7.j.c
Packet Pg. 116 Attachment: Pittsylvania County Discount Memo (1138 : Lawn Maintenance)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Vehicle Maintenance and Repair Contract (Staff Contact: Richard N.
Hicks)
Staff Contact(s): Richard N. Hicks
Agenda Date: May 15, 2018 Item Number: 7.k
Attachment(s): RFP 20180227 Vehicle Maintenance
Vehicle Maintenance Tabulation Sheet
Reviewed By:
SUMMARY:
In an effort to improve efficiency and maintenance of Pittsylvania County, Virginia (the
“County”), vehicles, and to provide opportunities for Pittsylvania County businesses, the County
issued a Request for Proposals (“RFP”) for vehicle maintenance. The RFP was sent to sixteen
(16) vendors. It was also advertised in The Chatham Star Tribune, The Danville Register and
Bee, and was posted on the County’s website, and the County’s public bulletin board. County
Staff received and reviewed eight (8) proposals. An Evaluation Committee was appointed and
consisted of Darrell Dalton, Donald Motley, and Connie Gibson. Based on the Evaluation
Committee’s review, County Staff recommends the following vendors be approved to provide
vehicle maintenance on County vehicles:
• Loftis Tire, Perkins Tire (Gretna);
• Gretna Tire (Gretna);
• Steve’s Auto
• Perkins Tire (Chatham);
• Crossroads Auto; and
• Gatewood Auto.
FINANCIAL IMPACT AND FUNDING SOURCE:
The County spends approximately $193,000 each year on County vehicle maintenance. Funds
for this item are included in the FY 17/18 and FY 18/19 County Budgets.
RECOMMENDATION:
County Staff recommends the Board of Supervisors award County vehicle maintenance contracts
to the eight (8) vendors listed above.
MOTION:
“I make a Motion to award County vehicle maintenance contracts to the following vendors:
Loftis Tire, Perkins Tire (Gretna), Gretna Tire Service, Steve’s Auto, Perkins Tire (Chatham),
Crossroads Auto, and Gatewood Auto.”
7.k
Packet Pg. 117
1
PITTSYLVANIA COUNTY, VIRGINIA
REQUEST FOR PROPOSALS
VEHICLE MAINTENANCE AND REPAIRS
February 27, 2018
REQUEST FOR PROPOSAL
# 20180227
CONTACT: CONNIE GIBSON, PURCHASING MANAGER
434-432-7744- Email: connie.gibson@pittgov.org
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Packet Pg. 118 Attachment: RFP 20180227 Vehicle Maintenance (1136 : Vehicle Maintenance and Repair Contract)
2
Pittsylvania County, Virginia
RFP # 20180227
Issue date: February 27, 2018
Vehicle Maintenance and Repairs
QUESTIONS: All inquiries for information regarding this solicitation should be directed to:
Connie Gibson, Purchasing Manager, 434-432-7744 or email connie.gibson@pittgov.org.
DUE DATE: Sealed Proposals will be received until Friday, March 30, 2018, no later than
2:00PM. Failure to submit proposals to the correct location by the designated date and hour will
result in disqualification.
ADDRESS: Proposals should be mailed or hand delivered to:
Pittsylvania County Purchasing Department
Attn: Connie Gibson
1 Center Street
Chatham, VA 24531.
All Proposals must be in a sealed envelope and clearly marked in the lower left corner:
Sealed Proposal - RFP #20180227, Vehicle Maintenance and Repair
Proposals not so marked or sealed shall be returned to the offeror and will not be considered.
Proposals shall clearly indicate the legal name, address and telephone number of the offeror
(company, firm, partnership, individual). Proposals shall be signed above the typed or printed
name and include the title of the individual signing on behalf of the offeror. All expenses for
making Proposals to Pittsylvania County shall be borne by the offeror. All Proposals shall be
received by 2:00 P.M., Friday, March 30, 2018. Any proposal received after this time and date
will not be considered. The offeror has the sole responsibility to have the proposal received by
the Pittsylvania County Purchasing Department at the above address and by the above stated
time and date.
This procurement shall be conducted in accordance with the competitive negotiation procedures
of the Virginia Public Procurement Act – Section 2.2- 4302.2
Note: The County of Pittsylvania, Virginia does not discriminate against faith -based organizations in accordance
with the Code of Virginia, §§ 2.2-4343.1, 1950 as amended or against a bidder or offeror because of race, r eligion,
color, sex, national origin, age, disability, or any other basis prohibited by Federal, State, and County law relating to
discrimination in employment or contracting.
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Packet Pg. 119 Attachment: RFP 20180227 Vehicle Maintenance (1136 : Vehicle Maintenance and Repair Contract)
3
In Compliance with this Request for Proposal the named party hereby submits a proposal in
response to Pittsylvania County to furnish services described in this RFP. The entire proposal,
including Technical proposal, Proposal Cover Sheet, and any supplemental materials required to
be provided by the offeror pursuant to the terms and conditions of the RFP, constitute the entire
proposal.
The party hereby certifies that such is genuine and not collusive or sham; that said offeror has
not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to
put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly,
sought by agreement or collusion or communication or conference, with any person to fix the bid
price or affiant or any bidder, or to fix any overhead, profit or cost element of said bid price, or
of that of any other bidder, or to secure any advantage against Pittsylvania County or any person
interested in the proposed contract.
The party submitting the forgoing Proposal acknowledges the provisions, terms and conditions
of this RFP, including all attachments and addenda, and agrees to be bound by those provisions,
terms and conditions. Further, the party certifies that all information submitted in response to
this RFP is correct and true. The person signing this form shall be an authorized signatory
officer of the corporation or an individual authorized by the By-Laws of the Corporation that has
been given authoritative responsibility to bind the firm in a contract.
Name and Address of Firm:
___________________________________________ Date: ________________________________
___________________________________________ By: _________________________________
(Signature in Ink by Officer of the Corporation)
___________________________________________ Name: _________________________________
(Please Print)
_________________________Zip Code___________ Title: _________________________________
Phone: (____) _______________________________ Fax: (_____) ____________________________
E-mail: _____________________________________ State of Incorporation: ___________________
State Corporation Commission #: __________
Receipt of the following Addenda are acknowledged: Attach a copy of your company’s SCC
Certificate and a list of officers
Addendum No. ____________, dated____________
(Please note all addenda’s)
(Return this Form)
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Packet Pg. 120 Attachment: RFP 20180227 Vehicle Maintenance (1136 : Vehicle Maintenance and Repair Contract)
4
TABLE OF CONTENTS FOR REQUEST FOR PROPOSAL
I. PURPOSE 5
II. STATEMENT OF NEEDS/SCOPE OF SERVICES 5
III. OFFEROR’S INSTRUCTION 8
IV. PROPOSAL EVALUATION PROCESS 10
V. PROPOSAL EVALUATION CRITERIA 11
VI. SPECIAL TERMS 11
VII. COST, CERTIFICATION 13
PITTSYLVANIA COUNTY GENERAL TERMS AND 14
CONDITIONS
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Packet Pg. 121 Attachment: RFP 20180227 Vehicle Maintenance (1136 : Vehicle Maintenance and Repair Contract)
5
I. PURPOSE:
A. The Pittsylvania County Board of Supervisors is interested in receiving proposals from
qualified offerors to provide vehicle maintenance and repair services for vehicles (including, but
not limited to cars, light trucks and vans). The Sheriff’s Office currently operates a total fleet of
approximately 88 vehicles operating on gas, diesel, and propane fuels. The County fleet has
about 20 vehicles.
The County’s intent is to establish an annual contract with multiple qualified
Contractor’s for these services in accordance with the terms, conditions and specifications
contained herein. This solicitation is issued by the Pittsylvania County Procurement Department
herein referred to as “County”.
B. The Contractor shall provide this service for a one-year contract period with 4 optional
renewals. In order to facilitate pick-up and drop-off of vehicles scheduled for service, the
Contractor’s facility shall be located within a 50 miles radius of Chatham, VA.
C. The County of Pittsylvania reserves the right to award to more than one Offeror selecting the
firm(s) who they determine most closely satisfies the needs of the County. There is no
requirement for acceptance of the lowest cost of service offered, and specific requirements may
be waived or amended at the discretion of the County.
II. STATEMENT OF NEEDS/ SCOPE OF SERVICES:
A. The Contractor shall furnish all labor, supervision, equipment, tools, parts, and materials, as
necessary, to provide in-house maintenance services and repairs to the County’s vehicles.
B. All preventive maintenance and repairs shall be to manufacturer’s factory specifications.
C. Maintenance Services include, but are not limited to, the following:
• Replace engine oil and filter.
• Lubricate chassis and universal joints and CV joints.
• Inspect and fill all fluids to proper levels, to include transmission,
differentials, power steering, brake, windshield washer, radiator
coolant, battery and 4-wheel drive transfer case.
• Inspect tire condition and pressure, rotate and balance, if
necessary, and inspect spare.
• Inspect for proper operation of the following: windshield wiper
and washer, all lights and reflectors, horn, heater and air
conditioner, emergency brake and radio.
• Inspect for fluid leaks
• Minor tune and filters to include PCV valve and clean/protect
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Packet Pg. 122 Attachment: RFP 20180227 Vehicle Maintenance (1136 : Vehicle Maintenance and Repair Contract)
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• battery terminal ends, replace air filter and breather elements,
• replace fuel filter.
• Inspect engine
• Inspect brakes
• Inspect shocks
• For rear drive vehicles, inspect front wheel bearings and for front
• drive vehicle, inspect drive axle boots.
• Service transmission
• Inspect all belts and hoses. Replace if necessary.
• Inspect for wear, proper operation, leaks and note defects, on
service report and report defects to the agency.
• Engine diagnostic, drivability problems, and repairs.
• Electrical problems and repairs.
• Front end and 4-wheel alignment.
• Any other services and repairs needed to ensure the vehicle performs according to the
vehicle manufacturer’s specifications.
• Provide Virginia State Inspection, when necessary.
D. Parts
1. All parts shall be new, OEM, or a national brand; no rebuilt or remanufactured parts are to be
used without prior approval from the County.
E. Routine Maintenance and Repairs
1. The Contractor should perform diagnostics to determine needed maintenance or repairs and
perform repairs as requested.
F. Repair Services
1. Other repair services will be per job basis.
G. Instructions to Contractors
1. All vehicle maintenance services shall be authorized by the Office of the Sheriff’s authorized
personnel or the County’s Fleet Manager.
H. Maintenance Performed
The following information shall be provided for each service:
1. Name of driver
2. Name of Office the vehicle is assigned
3. Make, Model, and last four (4) of the VIN number of the vehicle
4. Vehicle license plate number
5. Mileage of vehicle
6. Estimate
a) The contractor shall provide a written estimate of the maintenance services and obtain
authorization from the Sheriff’s Office or Fleet Manger of the costs prior to any work
being performed.
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Packet Pg. 123 Attachment: RFP 20180227 Vehicle Maintenance (1136 : Vehicle Maintenance and Repair Contract)
7
b) The written estimate shall be itemized to include all costs associated with the repair of
the vehicle, designating labor and parts separately.
c) Work performed shall not exceed the original estimate without the prior approval of
the Office of the Sheriff’s authorized personnel.
I. Storage
1. Vehicles that remain in contractor’s possession overnight and for extended periods shall be
stored in a safe and secure location for protection from theft and environmental dangers.
The contractor shall be responsible for the proper care and custody of any County owned
vehicles in the contractor’s possession.
J. Property Loss
1. The contractor shall reimburse the County for such property loss or damages caused by
contractor, it’s employees or for anyone whose acts the contractor may be liable for.
H. Invoices
1. Upon completion of maintenance services, the final bill shall be mailed to the
attention of Pittsylvania County Purchasing PO Box 426, Chatham, Virginia
24531.
2. To ensure prompt payment, the invoice shall include the following information:
a. Make, Model, last four (4) VIN numbers, and license plate
number of the vehicle
b. Name of driver
c. Name of Officer driver is employed with
d. description of services and/or parts, material and supplies
provided
e. Unit and total cost (parts and labor)
f. Name of company providing the product/services
g. Payment remittance address
I. Service Facility
1. The contractor shall have a full-service auto maintenance service facility where services
will be performed.
2. The contractor shall furnish all necessary supervision, labor, equipment, tools, parts,
materials, and supplies needed for the services.
K. Licenses and Certification
1. The contractor shall have current licenses, certifications, approvals, permits and insurance
requirements required by the Commonwealth of Virginia to perform auto repair and
maintenance services.
2. The Contractor shall be a certified Virginia State Vehicle Inspection Station.
L. Personnel
1. All persons utilized in the performance of this contract shall be employees of the contractor
and be fully qualified to perform the services required.
2. All maintenance services shall be performed by trained automotive service technicians.
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3. The contractor shall retain total responsibility of all vehicle maintenance services
performed on County vehicles.
M. Warranty Work
1. Contractor shall be responsible for performing and coordinating with the vehicle
manufacturer for all work performed that falls under the manufacturer‘s vehicle warranty.
O. Workmanship
1. All work shall be accomplished in a first class, professional manner. All work which does
not meet the approval of the County shall be corrected immediately.
2. If the work is not corrected, the owner reserves the right to deduct from amount due to the
Contractor, the amount paid to another contractor or County personnel to correct the
work.
3. If the Contractor fails to provide the services within one workday after having been issued
a written (fax or email) notice, the County may arrange for the services to be performed
by another contractor or by County personnel. Repeated failure to fully complete any
project or task in a workmanlike and professional manner shall result in the contractor
being considered in default.
III.OFFEROR’S INSTRUCTION
A. PROPOSAL PREPARATION:
1. The Offeror must submit a proposal, which demonstrates and provides evidence that the
Offeror has the capabilities, professional expertise, and experience to provide the ensure that all
information required herein is submitted with the proposal. All information provided should be
verifiable by documentation requested by the County of Pittsylvania. Failure to provide all
information, inaccuracy or misstatement may be sufficient cause for rejection of the
proposal or rescission of an award. Each copy of the proposal should be bound with all
documentation in a single volume where practical. Reponses must, in any event, contain the
following information and be organized into separate chapters and sections using the format
described below in order to provide each firm an equal opportunity for consideration:
a. Proposer’s plans to accomplish the work in the Statement of Needs, including, but
not limited to experience in providing services described herein for other clients and
the expertise of participating personnel.
b. Firm’s background, company history, and locations, including the principals and
their background. (Please detail the ownership structure and other relevant
information regarding the firm.)
c. Proposer’s experience in vehicle maintenance management
d. A detailed price schedule including all labor, supervision, equipment, tools, parts,
and materials, as necessary, to provide maintenance services and repairs to the
County’s vehicles.
e. A list of clients for whom similar services have been provided and dates when the
service was provided. Include client name, address, telephone number, description
of type of services performed, and person the County may contact.
f. A copy of any applicable Federal, State, or Local license required to legally perform
the service, or sell the goods specified in the RFP.
7.k.a
Packet Pg. 125 Attachment: RFP 20180227 Vehicle Maintenance (1136 : Vehicle Maintenance and Repair Contract)
9
g. A certificate of insurance for all required coverage’s endorsing the County of
Pittsylvania to the insurance policy as an additional insured
3. Proposals shall be signed by the authorized representative of the Offeror.
4. Proposals should be prepared simply and economically, providing a straightforward, concise,
detailed description of capabilities to satisfy the requirements of the RFP.
5. All expenses for making proposals to the County shall be incurred by the Offeror. Offeror
must be authorized to transact business in Virginia as a domestic or foreign business entity
as required by the State Corporation Commission, if such is required by law. Such status
shall be maintained during the term of a contract. A contract entered into by a business in
violation of the requirements is voidable at the option of the public body.
B. PROPOSAL SUBMISSION:
1. The following documents must be received in our office via hard copy no later than the
closing date and time stated below. If not received by date and time, your proposal will be
deemed late and not be considered.
a. Your original proposal.
b. Signed original of the completed Request for Proposal Title Page.
c. Completed and Signed Appendix C “Price Schedule
d. ADDRESS: Proposals should be mailed or hand delivered to:
Pittsylvania County Purchasing Department
Attn: Connie Gibson
1 Center Street
Chatham, VA 24531
C. SUBMISSION OF PROPRIETARY INFORMATION:
1. All information submitted to the County in response to this solicitation will constitute
public information and will be available to the public for inspection upon request pursuant
to the Virginia Freedom of Information Act (FOIA). Pursuant to Virginia Code Section 2.2-
4342. Bidder/Offeror may request an exception to disclosure for trade secrets or proprietary
information as such is defined under Virginia Code Section 59.1 -336, part of the Uniform
Trade Secrets Act. In order to claim this exemption, the Bidder/Offeror shall perform ALL
of the following:
(a) include a written request indicating Bidder/Offeror’ s desire to invoke the protections of
Virginia Code Section 2.2-4342 with submitted proposal materials/data;
(b) specifically identify the data or other materials to be protected by clearly labeling each
page containing applicable data as PROPRIETARY; and
(c) to the County’s satisfaction, articulate the rationale for why protection for the particular
data or materials is necessary. The classification of an entire bid or proposal document,
line item prices and/or total bid or proposal prices as proprietary or trade secrets is not
acceptable. Without waiving sovereign immunity or any other available defenses, the
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10
County asserts that failure to meet all of these requirements will result in the data or
materials being open for inspection in response to a valid inquiry under FOIA and will
serve to waive any right of the Bidder/Offeror to assert a claim against County for
disclosure of trade secrets or proprietary information. Bidder/Offeror shall be responsible
for intervening and defending, at its expense, any demands made upon the County by
third parties for production of any such items.
D. RECEIPT OF PROPOSALS/LATE PROPOSALS:
1. It is the Offerors responsibility to ensure that his/her proposal is received prior to or at the
specific time and the place designated in the solicitation. Proposals received after the date
and time specified shall not be considered. No responsibility will be attached to any County
personnel for the premature opening of a proposal not properly addressed and identified on the
outside of a sealed envelope.
E. COOPERATIVE PROCUREMENT:
1. This procurement is being conducted on behalf of Pittsylvania County, Virginia and other
public bodies in accordance with the provisions of §2.2-4304 of the Virginia Public Procurement
Act.
2. If approved by the Contractor, the contract resulting from this procurement may be used by
other public bodies to purchase at contract prices and in accordance with the contract terms. The
Contractor shall deal directly with any public body it approves to use the contract.
3. With the approval of the Contractor, any public body using the resultant contract has the
option of executing a separate contract with the Contractor to add terms and conditions
required by statute, ordinances, or regulations, or to remove terms and conditions which
conflict with its governing statutes, ordinances, or regulations. If, when preparing such a
contract, the general terms and conditions of a public body are unacceptable to the Contractor,
the Contractor may withdraw its extension of the award to that public body.
4. The County of Pittsylvania, its officials and staff are not responsible for placement of orders,
invoicing, payments, contractual disputes, or any other transactions between the Contractor and
any other public bodies, and in no event shall the County, its officials or staff be responsible for
any costs, damages or injury resulting to any party from use of a Pittsylvania County contract.
5. It is the Contractors responsibility to notify other public body(s) of the availability of the
contract(s).
IV. PROPOSAL EVALUATION PROCESS
A. The County of Pittsylvania’s Purchasing Department shall review and evaluate all proposals
submitted by Offerors responding to this RFP. The proposals will be evaluated and ranked based
on the Evaluation Criteria listed in Section V. The County of Pittsylvania may ask top ranked
Offerors to attend a presentation discussion as part of the evaluation process. Businesses invited
to the discussion should be prepared to have general discussions on non-binding estimates of cost
to provide requested services. At the conclusion of the evaluation process, the County will
select one or more firms with whom final negotiations will be conducted in an effort to obtain a
contract.
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V. PROPOSAL EVALUATION CRITERIA
A. The respondents will be evaluated on the following criteria:
1) Completeness of Proposal (20 points)
2) Qualifications and Experience of the Proposer, including (30 points)
3) applicable Virginia licensing requirements (5 points)
4) Approach to providing the services (30 points)
5) Nonbinding Estimates of Cost (15 points)
The County of Pittsylvania reserves the right to reject any or all proposals.
VI. SPECIAL TERMS AND CONDITIONS
AWARD TO MULTIPLE OFFERORS: Selection shall be made of two or more
offerors deemed to be fully qualified and best suited among those submitting proposals
on the basis of the evaluation factors included in the Request for Proposals, including
price, if so stated in the Request for Proposals. Negotiations shall be conducted with
the offerors so selected. Price shall be considered, but need not be the sole determining
factor. After negotiations have been conducted with each offeror so selected, the
agency shall select the offeror which, in its opinion, has made the best proposal, and
shall award the contract to that offeror. The County reserves the right to make multiple
awards as a result of this solicitation. The County may cancel this Request for
Proposals or reject proposals at any time prior to an award, and is not required to
furnish a statement of the reasons why a particular proposal was not deemed to be the
most advantageous (Code of Virginia, § 2.2-4359D). Should the County determine in
writing and in its sole discretion that only one offeror is fully qualified, or that one
offeror is clearly more highly qualified than the others under consideration, a contract
may be negotiated and awarded to that offeror. The award document will be a contract
incorporating by reference all the requirements, terms and conditions of the solicitation
and the contractor’s proposal as negotiated.
ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the
decision to award a contract as a result of this solicitation, the purchasing agency will
publicly post such notice on the County’s website, www.pittsylvaniacountyva.gov
and on the County Public Notice Bulletin Board located at 1 Center Street, Chatham,
VA 24531.
CANCELLATION OF CONTRACT: The purchasing agency reserves the right to
cancel and terminate any resulting contract, in part or in whole, without penalty, upon
60 days written notice to the contractor. In the event the initial contract period is for
more than 12 months, the resulting contract may be terminated by either party,
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without penalty, after the initial 12 months of the contract period upon 60 days
written notice to the other party. Any contract cancellation notice shall not relieve the
contractor of the obligation to deliver and/or perform on all outstanding orders issued
prior to the effective date of cancellation.
RENEWAL OF CONTRACT: The County’s intent is to award a one (1) year
contract with an additional four (4) one-year renewals, subject to mutually agreed upon
pricing and terms and conditions. Price increases may be negotiated only at the time of
renewal. Written notice of the County’s intention to renew shall be given
approximately 30 days prior to the expiration date of each contract period.
If during any subsequent renewal periods, the County elects to exercise the
option to renew the contract, the contract price(s) for the subsequent renewal period
shall not exceed the contract price(s) of the previous renewal period
increased/decreased by more than the percentage increase/decrease of the Household
Operations category of the CPI-W section of the Consumer Price Index of the United
States Bureau of Labor Statistics for the latest twelve months for which statistics are
available.
BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be
valid for sixty (60) days. At the end of the 60 days the bid may be withdrawn at the
written request of the bidder. If the bid is not withdrawn at that time it remains in
effect until an award is made or the solicitation is canceled.
WORK ESTIMATES (TIME AND MATERIAL CONTRACTS): Under this time
and material contract, the contractor shall furnish the agency with a non-binding
written estimate of the total costs to complete the work required. The estimate must
include the labor category(ies), the contractor’s hourly rates specified in the contract,
and the total material cost. Material costs shall be billed at contractor’s actual invoice
costs (contractor shall furnish copies of all invoices for materials) or discount off the
list price, whichever is specified in the contract. If the agency determines that the
estimated price is not fair and reasonable, the agency has the right to ask the
contractor to reevaluate the estimate. If the revised estimate is determined to be not
fair and reasonable, the agency reserves the right to obtain additional quotes from
other vendors. A work order will be issued to the contractor, as the authority to
proceed with the work, which will incorporate the contractor’s estimate and the terms
and conditions of the contract.
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VII. COST, CERTIFICATION
RATES
Successful Offeror shall furnish all labor, supervision, equipment, tools, materials, and all
else necessary, to perform professional vehicle maintenance and automotive mechanical
services for Pittsylvania County, Virginia (hereinafter referred to as the “County”), but
not limited to; at the prices provided below, as follows:
Item # Description Price per unit Unit
1.
Oil Change Service (5 Quarts Oil)
Ea
2.
Additional Quart of Oil
Ea
List Brand of Oil:
List Brand of Oil Filter:
3.
Repair Tire
Per tire
4. Brake Replacement
Ea
5.
Coolant Flush and Replacement
Ea
6.
State Safety Inspection
Ea
7.
Front End Alignment, Two-Wheel
Ea
8.
Alignment, Four-Wheel
Ea
All services not listed above will be billed by “time and materials”. Materials shall be
provided by the Contractor at Contractor’s cost:
Item # Description Hourly Rate
9.
Labor, ASE Mechanic
10.
Labor, non-ASE Mechanic
11.
Labor, Mechanics Helper
12.
Labor, ASE Mechanic After Regular Working Hours
13.
Labor, non-ASE Mechanic After Regular Working Hours
SIGN:________________________________________
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14
PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
PURCHASING DEPARTMENT
I. GENERAL CONDITIONS AND INSTRUCTIONS TO OFFERORS
1. Reservation of County Rights:
The County reserves the right to accept or reject any or all bids, to waive any
informality and to make an award to a party other than the low bidder, if deemed in the
best interest of the County, subject to the provisions under the Virginia Public
Procurement Act.
The County does not discriminate against faith-based organizations.
2. Laws of the Commonwealth:
Any purchase order/contract resulting from this bid process shall be governed; in
all respects whether as to its validity, construction, capacity, performance or otherwise;
by the laws of the Commonwealth. Successful bidders providing goods to the County
herewith assure the County that they are conforming to the provisions of the Civil Rights
Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as
amended, where applicable and Section 2.2-4311 of the Virginia Public Procurement Act
which provides:
In every contract of over $10,000 the provisions in 1 and 2 below apply:
(1) During the performance of this contract, the contractor agrees as follows:
A. Nondiscrimination Clause: The contractor will not discriminate against any
employee or applicant for employment because of race, religion, color, sex,
national origin, age, disability, or other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide occupational
qualification reasonably necessary to the normal operation of the contractor. The
contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
B. Equal Opportunity Employer: The contractor, in all solicitations or
advertisements for employees placed by or on behalf of the contractor, will state
that such contractor is an equal opportunity employer.
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C. Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
(2) Subcontractors: The contractor will include the provisions of the foregoing paragraphs
A, B, and C in every subcontract or purchase order of over $10,000 so that the provisions will be
binding upon each subcontractor or vendor.
(3) Drug Free Workplace – During the performance of this contract, the contractor agrees to (i)
provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places,
available to employees and applicants for employment, a statement notifying employees that the
unlawful manufacture, sale, distribution, possession, or use of a controlled substance or
marijuana is prohibited in the contractor’s workplace and specifying the actions that will be
taken against employees for violations of such prohibition; (iii) state in all solicitations or
advertisements for employees placed by or on behalf of the contractor that the contractor
maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in
every subcontract or purchase order of over $10,000, so that such provision will be binding upon
each subcontractor or vendor.
3. Tax Exemption:
The County is exempt from State sales, and use taxes and will issue a
Certificate f Exemption upon request. Deliveries against any items of this bid procedure
shall be free from any excise or transportation taxes. Excise exemption registration NO.
54-600-1508 may be used when required or necessary on behalf of the County.
4. Modifications, Additions, or Changes:
Modifications, additions, or changes to the terms and conditions of this
Invitation to bid may be cause for rejection of your bid. All bids shall be entered on the
official bid forms, if provided. Bidders who attach or submit bids on their or any other
forms may be considered unresponsive and may be rejected if an official bid form is
provided.
5. Delivery Point:
Except when otherwise specified herein, all items shall be F.O.B. delivered to any
point within the County as directed by the Central Purchasing Department.
6. Transportation and Packaging:
The authorized agent by signing this bid certifies and warrants that the bid price
offered for F.O.B. destination, includes only the actual freight rate costs at the lowest and
best rate and is based on the actual weight of the goods to be shipped. Except as
otherwise specified herein, standard commercial packaging, packing and shipping
containers shall be used. All shipping containers shall be properly and legibly marked or
labeled on the outside with the commodity description and number, size and quantity.
7. Evaluation of Bid Documents:
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If any prospective bidder is in doubt as to the true meaning of any part of the
specifications or other bid documents, the prospective bidders shall submit a written
request, within the time frame provided, after receipt of the request for proposal to the
Central Purchasing Department. The Central Purchasing Department will have final
authority to review any discrepancies or deficiencies in the specifications and then make
the necessary interpretations or revisions. Interpretations or revisions shall be made
official by the issuance of any necessary addendum and distributed to all potential
bidders. The Central Purchasing Department will not be responsible for explanations or
interpretations of the bid documents, except as issued in writing by the Purchasing
Manager and/or County Administrator.
8. Default:
In the case of default by the successful bidder or failure to deliver the goods or
services ordered by the time specified, the Department of Central Purchasing, after due
written notice may procure these goods or services from other sources and hold the
defaulting vendor responsible for any excess cost occasioned thereby.
9. Anti-Collusion Certification:
The authorized agent by signing this bid certifies and warrants that this
bid is made without prior understanding, agreement, or connection with any corporation,
firm or person submitting a bid for the same materials, supplies, equipment or services,
and is in all respects fair and without collusion or fraud. The signing agent understands
collusive bidding is a violation of the Virginia Governmental Frauds Act and Federal
Law and can result in fines, prison sentences, and civil damage awards. The signing
agent also agrees to abide by all conditions of this bid and certifies that he or she is duly
authorized to sign this bid for the bidder represented herein.
10. Kickbacks:
The signing agent certifies and warrants that neither he/she nor the proposal
from whom he/she is authorized to act has offered or received any kickback from any
other bidder, suppliers, manufacturer, or subcontractor in connection with his/her bid on
this solicitation. A kickback is defined as an inducement for the award of a contract,
subcontracts or order, in the form of any payment, loan, subscription, advance, deposit of
money, services or anything, present or promised, unless consideration of substantially
equal or greater value is exchange. Further, no person shall demand or receive any
payment, loan, subscription, advance, deposit of money, services or anything of value in
return for an agreement not to compete on a public contract.
11. Gifts by Bidder, Offeror, Contractor, or Subcontractor:
No bidder, offeror, contractor, or subcontractor, shall confer on any public
employee or official having formal responsibility for a procurement transaction, any
payment, loan, subscription, advance, deposit of money, services or anything of more
than nominal value, present or promised, unless consideration of substantially equal or
greater value is exchanged.
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12. Termination/Cancellation of Contract:
Subject to the provisions below, the contract may be terminated by either
party upon thirty (30) days advance written notice to the other party; but if any work or
service hereunder is in progress, but not completed as of the date of termination, then this
contract may be extended upon written approval of the County until said work or services
are completed and accepted.
A. Termination for Convenience
In the event that this contract is terminated or cancelled upon
request and for the convenience of the County, without the required thirty (30)
days advance written notice, then the County shall negotiate reasonable
termination costs, if applicable.
B. Termination for Cause
Termination by the County for cause, default or negligence on the
party of the appraiser or firm shall be excluded from the foregoing provision;
termination costs, if any, shall not apply. The thirty (30) days advance notice
requirement is waived in the event of Termination of Cause.
C. Non-Appropriation Clause/Termination due to Unavailability of Funds in
Succeeding Fiscal Years
When funds are not appropriated or otherwise made available to
support continuation of performance in a subsequent fiscal year, the contract shall
be cancelled and the contractor shall be reimbursed for the reasonable value of
any non-recurring costs incurred but not amortized in the price of the supplies or
services delivered under the contract.
13. Quantities:
Quantities set forth in this invitation are estimates only, and the successful
bidder shall supply at bid prices actual quantities as ordered regardless of whether such
total quantities are more or less than those shown.
14. Ordering:
All orders from the County shall be issued by the Central Purchasing
Department. A County purchase order number is required for the contract; yet partial
order quantities and deliveries will be accepted upon request or as outlined in the Special
Specifications, b y the Central Purchasing Department. No other department or personnel
other than those in the Central Purchasing Department of the County are qualified to
issue purchase orders, make changes in orders, or accept delivery on orders under this
contract without specific written authorization being received by the contractor from the
Central Purchasing Department or as otherwise specified in the Special Specifications.
15. Invoices/Billing Process:
Invoices for items ordered, delivered, and accepted by the Central
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Purchasing Department or authorized departments shall be submitted by the contractor
directly to the Accounting Department, at the address shown on the purchase order. The
purchase order number must be referenced on all invoices regardless of quantities
delivered, backordered, etc. Any outstanding quantities not included in the billing or
invoice should be shown on a separate statement specifically marked, as not being an
invoice for payment yet is an accountability of items and cost outstanding.
The County’s invoice processing is automated to a computer and we have a cut
off date for monthly bills or invoices around the 22nd day of each month. Once this
deadline is past we will not attempt to update the bills for payment list. This process may
be contrary to most business billing cycles, which close out at the end of the month. We
will not pay finance charges for bills, which fall due or late for the preliminary billing
which didn’t meet our billing deadline.
It will be the contractor’s responsibility to comply with the County’s bill
processing procedure and invoicing (complete with the necessary information) within our
time frames. If these are met, payment can be expected by the tenth of the following
month.
16. Discounts:
All propsals will be evaluated and awarded on net prices. Cash discounts will
not be considered in making awards. If cash discounts for prompt payment are offered, it
must be clearly shown on the bid forms in the space provided. On monthly invoices any
payment terms must be clearly marked. The County will attempt to take advantage of
any such discounts provided our timetable allows us to do so.
17. Hold Harmless:
The successful contractor assumes and agrees to indemnify, defend and
hold harmless Pittsylvania County, Virginia, its officers, agents, and employees from any
claims, damages and actions of any kind or nature, whether at law or in equity, arising
from or caused by the use of any materials, labor, goods, or equipment of any kind or
nature furnished by the contractor, provided that such liability is not attributable to the
sole negligence on the part of the using agency or to the manner outlined by the
contractor and description literature or specifications submitted with the contractor’s
proposal.
18. Warranty:
The contractor shall provide warranty documents on any material, goods
or equipment of any kind or nature provided by the contractor, his subcontractor or other
agents. The warranty shall be in effect for the period of time specified.
19. Contractual Intent
Upon successful award of this proposal by the County, it is the County’s intent
to have a written contract fully executed by all participating parties. This contract shall
delineate the capacity, performances and considerations for all parties involved.
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The contents of the proposal submitted by the successful bidder and the proposal
specifications shall become a part of any contract awarded as a result of these
specifications. The successful vendor will be expected to sign a “Standard Contract for
Services” with the County.
Sample contracts may be submitted by either party at the time of the proposal,
however, the County reserves the right to use its uniform contract format over all samples
submitted.
20. Insurance
By signing and submitting a proposal under this solicitation, the offeror certifies
that if awarded the contract, it will maintain all required Worker’s Compensation,
Employer’s Liability, Commercial General Liability and Automobile Liability insurance
coverage during the entire term of the contract and that all insurance coverage will be
provided by insurance companies authorized to sell insurance in Virginia by the Virginia
State Corporation Commission. Copies of insurance certificates shall be submitted with
all bids/proposals.
21. Use of Name Brands Within These Specifications:
The name of a certain brand, make, manufacturer, or definite specification
is to denote the quality to the specific brand, make, manufacturer, or specification named;
it is to set forth and convey to prospective bidders the general style, type, character and
quality of article desired, and wherever in specifications or contract documents a
particular brand, make of materials, device or equipment shall be regarded merely as a
standard. Any other brand, make of material, device or equipment which is recognized
the equal of that specified, considering quality, workmanship and economy of operation
and is suitable for the purpose intended, shall be considered responsive to the
specifications.
22. Access To Records:
The County Administrator or his duly authorized agent, shall, until the
expiration of three (3) years following the final payment on this Agreement, have access
to and the right to examine and copy any directly pertinent books, documents, papers, and
records of Lessor and Assignee involving transactions related to this Agreement. Lessor
and Assignee shall have the reciprocal right, until the expiration of three (3) years
following final payment on this Agreement, to have access to and examine and copy any
directly pertinent books, documents, papers and records of the County Administrator in
the event of litigation or arbitration involving this Agreement, rights of access,
examination and copying hereunder granted to Lessor, Assignee, and Lessee shall
continue until such claims have been finally disposed of.
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Packet Pg. 136 Attachment: RFP 20180227 Vehicle Maintenance (1136 : Vehicle Maintenance and Repair Contract)
Vehicle Maintenance and Repairs
Completeness of Proposal 20
Qualifications and Experience of the
Proposer, including 30
applicable Virginia licensing
requirements 5
Approach to providing the services 30
Nonbinding Estimates of Cost 15
Evaluator 1 Evaluator 2 Evaluator 3
Vendors C. Gibson D. Motley Dalton
Gatewood Auto 90 91 100 281
Loftis Tire 59 17 65 141
Meadows Auto Chatham 27 15 50 92
Perkins Tire (Gretna)72 15 60 147
Crossroads Auto 83 80 85 248
Perkins Tire (Chatham)90 88 75 253
Steve's Auto 83 85 90 258
Gretna's Tire 80 71 85 236
7.k.b
Packet Pg. 137 Attachment: Vehicle Maintenance Tabulation Sheet (1136 : Vehicle Maintenance and Repair Contract)
7.k.b
Packet Pg. 138 Attachment: Vehicle Maintenance Tabulation Sheet (1136 : Vehicle Maintenance and Repair Contract)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Bulldozer Purchase (Staff Contact: Richard N. Hicks)
Staff Contact(s): Richard N. Hicks
Agenda Date: May 15, 2018 Item Number: 7.l
Attachment(s): Tabulation Sheet D6 Dozer
RFP 20180418 Used Dozer (002)
Reviewed By:
SUMMARY:
On April 18, 2018, Pittsylvania County, Virginia (the “County”), issued RFP # 2018-0418 for
the purchase of a used Caterpillar D6N Dozer for the landfill. The County is currently renting a
dozer for daily operations. The purpose of the RFP was to establish a firm fixed price contract
with one (1) qualified source to furnish and deliver the dozer to the County Landfill, in
accordance with the specifications, terms, and conditions of the RFP.
The County’s Purchasing Department advertised in two (2) local newspapers, posted on the
County’s public notice board, posted on the County’s website, and published a notice on the
Virginia Business Opportunity’s website. Four (4) responses were received, and Carter
Machinery from Lynchburg, Virginia, was the highest-ranking vendor.
FINANCIAL IMPACT AND FUNDING SOURCE:
Funds for the aforementioned dozer were included in the recent loan secured for Landfill
equipment.
RECOMMENDATION:
County Staff recommends the Board award the bid responsive to RFP # 2018-0118 to Carter
Machinery in the amount of $217,500
MOTION:
“I make a Motion to purchase a used Caterpillar D6N Dozer from Carter Equipment in the
amount of $217,500.”
7.l
Packet Pg. 139
Insurance for Fire and Rescue
Years and experience in Business with Heavy
Duty Equipment 20
Inspection report on the condition of the
equipment 30
Quality, completeness, and responsiveness of
the proposal 20
Cost proposal 30
Evaluator 1 Evaluator 2 Evaluator 3
Vendors Hicks Gibson Burgess
Hawkins-Graves 88 90 79
Carter Machinery 95 95 93
Reliable Investments 33 40 50
Rish Equipment 63 62 53
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Packet Pg. 140 Attachment: Tabulation Sheet D6 Dozer (1188 : Bulldozer Purchase)
7.l.a
Packet Pg. 141 Attachment: Tabulation Sheet D6 Dozer (1188 : Bulldozer Purchase)
1
PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
REQUEST FOR PROPOSAL
RFP: 2018-0418
USED CATERPILLAR D6N DOZER
April 18, 2018
CONTACTS: CONNIE GIBSON, PURCHASING MANAGER
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2
Pittsylvania County, Virginia
RFP # 2018-0418
Used Caterpillar D-6N Dozer
GENERAL INSTRUCTIONS TO OFFERORS
DUE DATE: Sealed Proposals will be received until May 8, 2018, no later than 11:00AM. Failure to
submit proposals to the correct location by the designated date and hour will result in disqualification.
ADDRESS: One original and (2) copies of the proposals should be mailed or hand delivered to:
Pittsylvania County Purchasing Department
Att: Connie Gibson
1 Center Street
Chatham, VA 24531.
All Proposals must be in a sealed envelope or box and clearly marked in the lower left corner: "Sealed
Proposal - RFP #2018-0418, “Used Caterpillar D-6N Dozer” Proposals not so marked or sealed shall
be returned to the offeror and will not be considered.
Proposals shall clearly indicate the legal name, address and telephone number of the offeror (company,
firm, partnership, individual). Proposals shall be signed above the typed or printed name and include the
title of the individual signing on behalf of the offeror (see page 2). All expenses for making Proposals to
Pittsylvania County shall be borne by the offeror. All Proposals shall be received by 11:00AM,
May 8, 2018. Any proposal received after this time and date will not be considered. The offeror has the
sole responsibility to have the proposal received by the Pittsylvania County Purchasing Department at
the above address and by the above stated time and date.
QUESTIONS:
1. All questions regarding this RFP must be made in writing. The written questions must be
received by the County no later than 2:00 p.m., Friday, April 27, 2018. Questions may
be faxed to (434) 432-7746 or emailed to Connie.gibson@pittgov.org.
2. All responses to questions will be posted on Pittsylvania County website:
www.pittsylvaniacountyva.gov by April 28, 2018 10:00am. The offeror has the sole
responsibility to go to the website and receive the responses or by contacting Connie Gibson
requesting they be emailed. The responses will be an addendum to the RFP. All such responses
by the County shall become part of the RFP.
3. Oral instructions do not become part of the proposal documents.
Note: The County of Pittsylvania, Virginia does not discriminate against faith-based organizations in accordance
with the Code of Virginia, §§ 2.2-4343.1, 1950 as amended or against a bidder or offeror because of race,
religion, color, sex, national origin, age, disability, or any other basis prohibited by Federal, State, and County law
relating to discrimination in employment or contracting.
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In Compliance with this Request for Proposal the named party hereby submits a proposal in response to
Pittsylvania County to furnish services described i n this RFP. The entire proposal, including Technical
proposal, Proposal Cover Sheet, and any supplemental materials required to be provided by the offeror
pursuant to the terms and conditions of the RFP, constitute the entire proposal.
The party hereby certifies that such is genuine and not collusive or sham; that said offeror has not
colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a
sham bid or to refrain from bidding, and has not in any manner, dire ctly or indirectly, sought by
agreement or collusion or communication or conference, with any person to fix the bid price or affiant or
any bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder,
or to secure any advantage against Pittsylvania County or any person interested in the proposed contract.
The party submitting the forgoing Proposal acknowledges the provisions, terms and conditions of this
RFP, including all attachments and addenda, and agrees to be bound by those provisions, terms and
conditions. Further, the party certifies that all information submitted in response to this RFP is correct
and true. The person signing this form shall be an authorized signatory officer of the corporation or an
individual authorized by the By-Laws of the Corporation that has been given authoritative responsibility
to bind the firm in a contract.
Name and Address Of Firm:
___________________________________________ Date: ______________________________________
___________________________________________ By: ______________________________________
(Signature in Ink by Officer of the Corporation)
___________________________________________
___________________________________________ Name: _______________________________________
(Please Print)
_________________________Zip Code___________ Title: _____________________________________
Phone: (____) _______________________________ Fax: (_____) _________________________________
E-mail: _____________________________________ State of Incorporation: _________________________
State Corporation Commission #: _________________
Receipt of the following Addenda are acknowledged: Attach a copy of your company’s SCC Certificate
and a list of officers
Addendum No. ____________, dated____________
(Please note all addenda’s)
(Return this Form)
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Introduction
PURPOSE
Pittsylvania County is issuing this Request for Proposal (RFP) to vendors to furnish and deliver
one (1) each used Cat D-6N Dozer with less than 3,000 hours per specs herein or Pittsylvania
County approved equal.
1. GENERAL REQUIREMENTS
The County is seeking sealed proposals for a used Cat D6N Dozer meeting minimum required
specs or an approved equal to be determined solely by end user. Bidder to provide full
description of truck offered. Vehicle total cost must be FOB Destination, delivery cost included.
Responses should at a minimum address the following:
a) Used D-6N Dozer or equivalent.
b) Inspection report of the condition of the equipment
c) Enclosed cab with air condition
d) Model Year: 2013 – Present
e) Hours: Not to exceed 3,000.
f) Years vendors been in business
g) Pictures of equipment
h) available features/options
I) Provide location of dump truck(s).
Include any additional relevant information. You can quote on more than one piece of
equipment as long as all the information above is provided.
2. EVALUATION OF PROPOSALS: SELECTION FACTORS
All proposals meeting the requirements of this RFP shall be reviewed and rated by a
County evaluation committee according to the criteria listed below. The County
expressly reserves the right to reject all proposals received. Furthermore, the County
expressly reserves the right to reject any and all proposals, and to waive any of the terms,
conditions, and provisions contained in the RFP.
• Years and experience in Business with Heavy Duty Equipment. (20 points)
• Inspection report on the condition of the equipment. (30 points)
• Quality, completeness, and responsiveness of the proposal. (20 points)
• Cost proposal. (30 points)
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5
3. AWARD PROCEDURES
Selection shall be made of two or more offerors deemed to be fully qualified and best suited
among those submitting proposals on the basis of the evaluation factors included in the Request
for Proposals, including price, if so stated in the Request for Proposals. Negotiations shall be
conducted with the offerors so selected. Price shall be considered but need not be the sole
determining factor. After negotiations have been conducted with each offeror so selected, the
agency shall select the offeror which, in its opinion, has made the best proposal, and shall award
the contract to that offeror. The County may cancel this Request for Proposals or reject
proposals at any time prior to an award and is not required to furnish a statement of the reasons
why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-
4359D). Should the County in writing and in its sole discretion that only one offeror is fully
qualified, or that one offeror is clearly more highly qualified than the others under consideration,
a contract may be negotiated and awarded to that offeror. The award document will be a contract
incorporating by reference all the requirements, terms and conditions of the solicitation and the
contractor’s proposal as negotiated.
4. SPECIAL TERMS AND CONDITIONS
BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (120)
days. At the end of the days the bid may be withdrawn at the written request of the bidder. If the
bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is
canceled.
ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to
award a contract as a result of this solicitation, the purchasing agency will publicly post such
notice on the County’s website, www.pittsylvaniacountyva.gov and on the County Public Notice
Bulletin Board located at 1 Center Street, Chatham, VA 24531.
CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and
terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice
to the contractor. In the event the initial contract period is for more than 12 months, the resulting
contract may be terminated by either party, without penalty, after the initial 12 months of the
contract period upon 60 days written notice to the other party. Any contract cancellation notice
shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding
orders issued prior to the effective date of cancellation.
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Price Sheet
(You can quote more than one dozer)
Year: __________________________________________________________
Make: _________________________________________________________
Model: ________________________________________________________
Hours: ________________________________________________________
Cost to include shipping: __________________________________________
Other information on the equipment: _____________________________________________________
_____________________________________________________________________________________
Return this Page
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PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
PURCHASING DEPARTMENT
I. GENERAL TERMS AND CONDITIONS
1. Reservation of County Rights:
The County reserves the right to accept or reject any or all bids, to waive any
informality and to make an award to a party other than the low bidder, if deemed in the
best interest of the County, subject to the provisions under the Virginia Public
Procurement Act.
The County does not discriminate against faith-based organizations.
2. Laws of the Commonwealth:
Any purchase order/contract resulting from this bid process shall be governed; in
all respects whether as to its validit y, construction, capacity, performance or otherwise;
by the laws of the Commonwealth. Successful bidders providing goods to the County
herewith assure the County that they are conforming to the provisions of the Civil Rights
Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as
amended, where applicable and Section 2.2-4311 of the Virginia Public Procurement Act
which provides:
In every contract of over $10,000 the provisions in 1 and 2 below apply:
(1) During the performance of this contract, the contractor agrees as follows:
A. Nondiscrimination Clause: The contractor will not discriminate against any
employee or applicant for employment because of race, religion, color, sex,
national origin, age, disability, or other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide occupational
qualification reasonably necessary to the normal operation of the contractor. The
contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
B. Equal Opportunity Employer: The contractor, in all solicitations or
advertisements for employees placed by or on behalf of the contractor, will state
that such contractor is an equal opportunity employer.
C. Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
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(2)Subcontractors: The contractor will include the provisions of the foregoing paragraphs A, B,
and C in every subcontract or purchase order of over $10,000 so that the provisions will be
binding upon each subcontractor or vendor.
(3) Drug Free Workplace – During the performance of this contract, the contractor agrees to (i)
provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places,
available to employees and applicants for employment, a statement notifying employees that the
unlawful manufacture, sale, distribution, possession, or use of a controlled substance or
marijuana is prohibited in the contractor’s workplace and specifying the actions that will be
taken against employees for violations of such prohibition; (iii) state in all solicitations or
advertisements for employees placed by or on behalf of the contractor that the contractor
maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in
every subcontract or purchase order of over $10,000, so that such provision will be binding upon
each subcontractor or vendor.
3. Tax Exemption:
The County is exempt from State sales, and use taxes and will issue a Certificate
of Exemption upon request. Deliveries against any items of this bid procedure
shall be free from any excise or transportation taxes. Excise exemption
registration NO. 54-600-1508 may be used when required or necessary on behalf
of the County.
4. Modifications, Additions, or Changes:
Modifications, additions, or changes to the terms and conditions of this invitation
to bid may be cause for rejection of your bid. All bids shall be entered on the
official bid forms, if provided. Bidders who attach or submit bids on their or any
other forms may be considered unresponsive and may be rejected if an official bid
form is provided.
5. Delivery Point:
Except when otherwise specified herein, all items shall be F.O.B. delivered to any
point within the County as directed by the Central Purchasing Department.
6. Transportation and Packaging:
The authorized agent by signing this bid certifies and warrants that the bid price offered
for F.O.B. destination, includes only the actual freight rate costs at the lowest and best
rate and is based on the actual weight of the goods to be shipped. Except as otherwise
specified herein, standard commercial packaging, packing and shipping containers shall
be used. All shipping containers shall be properly and legibly marked or labeled on the
outside with the commodity description and number, size and quantity.
7. Evaluation of Bid Documents:
If any prospective bidder is in doubt as to the true meaning of any part of the
specifications or other bid documents, the prospective bidders shall submit a written
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request, within the time frame provided, after receipt of the invitation to bid to the
Central Purchasing Department. The Central Purchasing Department will have final
authority to review any discrepancies or deficiencies in the specifications and then make
the necessary interpretations or revisions. Interpretations or revisions shall be made
official by the issuance of any necessary addendum and distributed to all potential
bidders. The Central Purchasing Department will not be responsible for explanations or
interpretations of the bid documents, except as issued in writing by the Purchasing
Manager and/or County Administrator.
8. Default:
In the case of default by the successful bidder or failure to deliver the goods or
services ordered by the time specified, the Department of Central Purchasing, after due
written notice may procure these goods or services from other sources and hold the
defaulting vendor responsible for any excess cost occasioned thereby.
9. Anti-Collusion Certification:
The authorized agent by signing this bid certifies and warrants that this bid is
made without prior understanding, agreement, or connection with any
corporation, firm or person submitting a bid for the same materials, supplies,
equipment or services, and is in all respects fair and without collusion or fraud.
The signing agent understands collusive bidding is a violation of the Virginia
Governmental Frauds Act and Federal Law and can result in fines, prison
sentences, and civil damage awards. The signing agent also agrees to abide by all
conditions of this bid and certifies that he or she is duly authorized to sign this bid
for the bidder represented herein.
10. Kickbacks:
The signing agent certifies and warrants that neither he/she nor the bidder from
whom he/she is authorized to act has offered or received any kickback from any
other bidder, suppliers, manufacturer, or subcontractor in connection with his/her
bid on this solicitation. A kickback is defined as an inducement for the award of a
contract, subcontracts or order, in the form of any payment, loan, subscription,
advance, deposit of money, services or anything, present or promised, unless
consideration of substantially equal or greater value is exchange. Further, no
person shall demand or receive any payment, loan, subscription, advance, deposit
of money, services or anything of value in return for an agreement not to compete
on a public contract.
11. Gifts by Bidder, Offeror, Contractor, or Subcontractor:
No bidder, offeror, contractor, or subcontractor, shall confer on any public
employee or official having formal responsibility for a procurement transaction, any
payment, loan, subscription, advance, deposit of money, services or anything of more
than nominal value, present or promised, unless consideration of substantially equal or
greater value is exchanged.
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12. Termination/Cancellation of Contract:
Subject to the provisions below, the contract may be terminated by either party
upon thirty (30) days advance written notice to the other party; but if any work or
service hereunder is in progress, but not completed as of the date of termination,
then this contract may be extended upon written approval of the County until said
work or services are completed and accepted.
A. Termination for Convenience
In the event that this contract is terminated or cancelled upon request and
for the convenience of the County, without the required thirty (30) days
advance written notice, then the County shall negotiate reasonable
termination costs, if applicable.
B. Termination for Cause
Termination by the County for cause, default or negligence on the party of
the appraiser or firm shall be excluded from the foregoing provision;
termination costs, if any, shall not apply. The thirty (30) days advance
notice requirement is waived in the event of Termination of Cause.
C. Non-Appropriation Clause/Termination due to Unavailability of Funds in
Succeeding Fiscal Years
When funds are not appropriated or otherwise made available to support
continuation of performance in a subsequent fiscal year, the contract shall
be cancelled and the contractor shall be reimbursed for the reasonable
value of any non-recurring costs incurred but not amortized in the price of
the supplies or services delivered under the contract.
13. Quantities:
Quantities set forth in this invitation are estimates only, and the successful bidder
shall supply at bid prices actual quantities as ordered regardless of whether such
total quantities are more or less than those shown.
14. Ordering:
All orders from the County shall be issued by the Central Purchasing Department.
A County purchase order number is required for the contract; yet partial order
quantities and deliveries will be accepted upon request or as outlined in the
Special Specifications, by the Central Purchasing Department. No other
department or personnel other than those in the Central Purchasing Department of
the County are qualified to issue purchase orders, make changes in orders, or
accept delivery on orders under this contract without specific written
authorization being received by the contractor from the Central Purchasing
Department or as otherwise specified in the Special Specifications.
15. Invoices/Billing Process:
Invoices for items ordered, delivered, and accepted by the Central Purchasing
Department or authorized departments shall be submitted by the contractor
directly to the Accounting Department, at the address shown on the purchase
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order. The purchase order number must be referenced on all invoices regardless
of quantities delivered, backordered, etc. Any outstanding quantities not included
in the billing or invoice should be shown on a separate statement specifically
marked, as not being an invoice for payment yet is an accountability of items and
cost outstanding.
16. Discounts:
All bids will be evaluated and awarded on net prices. Cash discounts will not be
considered in making awards. If cash discounts for prompt payment are offered,
it must be clearly shown on the bid forms in the space provided. On monthly
invoices any payment terms must be clearly marked. The County will attempt to
take advantage of any such discounts provided our timetable allows us to do so.
17. Hold Harmless:
The successful contractor assumes and agrees to indemnify, defend and hold
harmless Pittsylvania County, Virginia, its officers, agents, and employees from
any claims, damages and actions of any kind or nature, whether at law or in
equity, arising from or caused by the use of any materials, labor, goods, or
equipment of any kind or nature furnished by the contractor, provided that such
liability is not attributable to the sole negligence on the part of the using agency or
to the manner outlined by the contractor and description literature or
specifications submitted with the contractor’s bid.
18. Warranty:
The contractor shall provide warranty documents on an y material, goods or
equipment of any kind or nature provided by the contractor, his subcontractor or
other agents. The warranty shall be in effect for the period of time specified.
19. Contractual Intent
Upon successful award of this bid by the County, it is the County’s intent to have
a written contract fully executed by all participating parties. This contract shall
delineate the capacity, performances and considerations for all parties involved.
The contents of the bid submitted by the successful bidder and the bid
specifications shall become a part of any contract awarded as a result of these
specifications. The successful vendor will be expected to sign a “Standard Contract for
Services” with the County.
Sample contracts may be submitted by either party at the time of the bid,
however, the County reserves the right to use its uniform contract format over all samples
submitted.
20. Insurance
By signing and submitting a bid/proposal under this solicitation, the
Bidder/Offeror certifies that if awarded the contract, it will maintain all required
Worker’s Compensation, Employer’s Liability, Commercial General Liability and
Automobile Liability insurance coverage during the entire term of the contract and that
all insurance coverage will be provided by insurance companies authorized to sell
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insurance in Virginia by the Virginia State Corporation Commission. Copies of
insurance certificates shall be submitted with all bids/proposals.
21. Use of Name Brands Within These Specifications:
The name of a certain brand, make, manufacturer, or definite specification is to
denote the quality to the specific brand, make, manufacturer, or specification
named; it is to set forth and convey to prospective bidders the general style, type,
character and quality of article desired, and wherever in specifications or contract
documents a particular brand, make of materials, device or equipment shall be
regarded merely as a standard. Any other brand, make of material, device or
equipment which is recognized the equal of that specified, considering quality,
workmanship and economy of operation and is suitable for the purpose intended,
shall be considered responsive to the specifications.
22. Access To Records:
The County Administrator or his duly authorized agent, shall, until the expiration
of three (3) years following the final payment on this Agreement, have access to
and the right to examine and copy any directly pertinent books, documents,
papers, and records of Lessor and Assignee involving transactions related to this
Agreement. Lessor and Assignee shall have the reciprocal right, until the
expiration of three (3) years following final payment on this Agreement, to have
access to and examine and copy any directly pertinent books, documents, papers
and records of the County Administrator in the event of litigation or arbitration
involving this Agreement, rights of access, examination and copying hereunder
granted to Lessor, Assignee, and Lessee shall continue until such claims have
been finally disposed of.
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CONTRACTOR ELIGIBILITY CERTIFICATION
This is to certify that this person/firm/corporation has not been barred from
bidding on contracts by any agency of the Commonwealth of Virginia, nor is this
person/firm/corporation a part of any firm/corporation that has been barred from bidding
on contracts by any agency of the Commonwealth of Virginia.
______________________________
Name of Official
______________________________
Title
______________________________
Firm or Corporation
Return this Page
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Fire and EMS Department Services MOA (Staff Contact: Chris C.
Slemp)
Staff Contact(s): Chris C. Slemp
Agenda Date: May 15, 2018 Item Number: 7.m
Attachment(s): Fire and EMS Department Service Agreement suggested changes
Reviewed By:
SUMMARY:
Attached is a copy of the Fire and EMS Department Services Memorandum of Agreement
(“MOA”). This MOA was originally approved with the FY 18/19Budget Resolution. It was
later found that an earlier version of the document was actually attached to the adopted
Resolution. The attached document has been approved by all involved parties
FINANCIAL IMPACT AND FUNDING SOURCE:
There are no financial impacts associated with the changes in this document.
RECOMMENDATION:
County Staff recommends that the Board of Supervisors approve the attached MOA and have
County Staff replace the similar document currently attached to the Budget Resolution.
MOTION:
“I make a Motion to approve the attached MOA and have it attached to the approved Budget
Resolution.”
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FIRE AND EMS DEPARTMENT SERVICE AGREEMENT
This Fire and EMS Department Service Agreement (the “Agreement”) is hereby made and
entered into by and between the County of Pittsylvania, Virginia (the “County”), and
______________(the “Volunteer Agency”); (individually the “Party,” collectively the “Parties”).
A. PURPOSE:
The purpose of this Agreement is to outline in reasonable detail the mutual obligations of
the County and the Volunteer Agency in regard to the eligibility by the Volunteer Agency for
County funds/contributions related to Fire and EMS provision/response in the County.
The Parties to this Agreement hereby agree to be fully legally bound in all aspects to the
below terms and conditions contained in this Agreement.
B. THE COUNTY/VOLUNTEER AGENCY’S OBLIGATIONS:
1. The County shall provide property and casualty insurance for the Volunteer Agency;
however, the County will only cover the cost of insuring those apparatus recommended
by the fire and rescue association in coordination with the Department of Public Safety.
2. The County shall maintain accident and sickness insurance coverage on the Volunteer
Agency’s members.
3. The County shall allocate direct funds/contributions to the Volunteer Agency in three
(3) allocations as described more fully below.
4. The County’s first fiscal year allocation of funds/contributions to the Volunteer Agency
shall occur in August and contain fifty percent (50%) of the Volunteer Agency’s annual
funds/contributions. Said first allocation shall contain no contingencies or milestone
performance requirements.
5. The County’s second fiscal year allocation of funds/contributions to the Volunteer
Agency shall occur in January and contain thirty-five percent (35%) of the Volunteer
Agency’s annual funds/contributions. Said second allocation shall only be given to the
Volunteer Agency by the County, if the following conditions/milestones are fully and
completely met:
a. The Volunteer Agency is current with all applicable State and Federal laws,
Virginia Office of EMS Rules and Regulation.
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b. All of the Volunteer Agency’s equipment and apparatus is maintained in good
working order and a condition of readiness;
c. The Volunteer Agency submits an annual financial report to the County’s Public
Safety Department. The report shall include a list of items/expenses in which
County funds were used.
d. When the County Capital Improvement Plan (“CIP”) is used to purchase
equipment, the Volunteer Agency complies with the Virginia Public Procurement
Act and all other County purchasing guidelines;
e. The Volunteer Agency, if it conducts EMS response, will have an annual review
with the County’s appointee of the EMS agency’s response plan as provided to the
Virginia Office of EMS.
f. The Volunteer Agency practices the proper Incident Command System (“ICS”)
while responding to and mitigating emergency scenes.
6. The County’s third (3rd) fiscal year allocation of funds/contributions to the Volunteer
Agency shall occur in June and contain fifteen percent (15%) of the Volunteer
Agency’s annual funds/contributions. Said third (3rd) allocation shall only be given to
the Volunteer Agency by the County, if the following conditions/milestones are fully
and completely met:
a. The Volunteer Agency continues to comply with all provisions/conditions
contained in the Section B(5)(a)-(f) above;
b. To date in the current fiscal year, the Volunteer Agency has responded to at least
seventy percent (70%) of calls the agency was dispatched to; and
7. The county shall pay EMS transport agencies fifteen dollars ($15.00) per call responded
to on a quarterly basis.
IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES THAT:
1. VIRGINIA FREEDOM OF INFORMATION ACT (“FOIA”). Any information
furnished to the County under this Agreement may be subject to FOIA.
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2. ENTIRE AGREEMENT/MODIFICATION. This Agreement contains the entire
agreement of the Parties with respect to the subject matter of this Agreement, and
supersedes all prior negotiations, agreements and understandings with respect thereto.
This Agreement may only be amended/modified by a written document duly executed
by all Parties.
3. PARTICIPATION IN SIMILAR ACTIVITIES. This Agreement in no way restricts
the County or the Volunteer Agency from participating in similar activities with other
public or private agencies, organization, or individuals.
4. PRINCIPAL CONTACTS. The principal contacts for this Agreement are: David M.
Smitherman, Pittsylvania County Administrator, c/o Christopher C. Slemp,
Pittsylvania County Public Safety Director (for the County), and ____________ for the
Volunteer Agency.
5. COMMENCEMENT/EXPIRATION DATE/TERMINATION. This Agreement is
executed as of the date of the last signature below and is effective through
________________at which time it will expire, unless extended for another fiscal year.
Either party may terminate this Agreement by providing ___ days’ notice to the other
Party. In the event that said termination notice provided by ___________ is during a
current fiscal year, __________ shall reimburse to County any unexpended funds
allocated to it within thirty (30) days’ receipt by County of termination notice.
6. GOVERNING LAW, VENUE, MEDIATION, LEGAL FEES/COSTS:
a. Governing Law: This Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia.
b. Venue: If legal action by either party is necessary for or with respect to
the enforcement of any or all of the terms and conditions hereof, then
exclusive venue therefore shall lie in the County of Pittsylvania, Virginia.
c. Mediation:
i. Good faith mediation shall be a condition precedent to the filing of any
litigation in law or equity by either Party against the other Party relating to this
Agreement. Before the remedies provided for in this Section may be exercised
by either Party, such Party shall give written notice to the other Party that such
Party believes that an event of default or impasse under this Agreement may
have occurred, specifying the circumstances constituting the event of default or
impasse in sufficient detail that the other Party will be fully advised of the nature
of the event of default or impasse. The responding Party shall prepare and serve
a written response thereto within ten (10) business days of receipt of such
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notice. A meeting shall be held within ten (10) business days after the response
between the Parties to attempt in good faith to negotiate a resolution of the
dispute.
ii. If the Parties are unable to resolve the dispute through the above- process,
the Parties shall attempt to resolve the controversy by engaging a single
mediator, experienced in the subject matter, to mediate the dispute. The
mediator shall be mutually selected by the Parties, to the controversy and
conduct mediation at a location to be agreed upon by the Parties or abse nt
agreement, by the mediator. Within two (2) business days of selection, the
mediator shall be furnished copies of the notice, this Agreement, response, and
any other documents exchanged by the Parties. If the Parties and the mediator
are unable to settle the same within thirty (30) days from selection, or such other
time as the Parties agree, the mediator shall make a written recommendation as
to the resolution of the dispute. Each Party, in its sole discretion, shall accept
or reject such recommendation in writing within ten (10) days. Should the
Parties be unable to agree upon a single mediator within five (5) business days
of the written response of the responding Party, the Parties jointly, shall agree
upon the selection of a neutral third-party agreed upon by the Parties, to appoint
a mediator, experienced and knowledgeable in the matters which are the subject
of the dispute. The costs of the Mediator and the mediation shall be shared
equally by the Parties to the dispute.
iii. Notwithstanding the preceding paragraphs, the Parties reserve the right to
file suit or pursue litigation. The Parties consent to selection of a mediator by
any Court shall not constitute consent to jurisdiction of such court or waiver of
defenses as to venue or jurisdiction.
d. Legal Fees/Costs: At all times under this Agreement, each Party shall be
responsible for its own legal fees and costs.
7. WAIVER OF BREACH. The failure of the County to enforce one (1) or more of the
terms or conditions of the Agreement, from time-to-time, shall not constitute a waiver
of such terms or conditions upon subsequent or continuing breach.
8. BENEFIT. This Agreement shall inure to the benefit of, and shall bind the heirs,
successors, and assigns of the Parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last
date written below.
WITNESS the following signatures and seals:
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THE COUNTY OF PITTSYLVANIA, VIRGINIA
By: ___________________________________
Title: _________________________________
Print Name: ___________________________
COMMONWEALTH OF VIRGINIA
County of Pittsylvania, to-wit:
I, _______________________, a Notary Public for the Commonwealth of Virginia at large, do
hereby certify that ________________, whose name is signed to the foregoing Agreement, bearing
date of the ____ day of ________, 2018, has acknowledged the same before me in the jurisdiction
aforesaid.
Given under my hand this ____ day of _________________, 2018.
_______________________________
Notary Public
My commission expires: _________________________________
APPROVED AS TO FORM
________________________
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
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______________________________________
By: ___________________________________
Title: _________________________________
Print Name: ___________________________
COMMONWEALTH OF VIRGINIA
County of Pittsylvania, to-wit:
I, _______________________, a Notary Public for the Commonwealth of Virginia at large, do
hereby certify that ________________, whose name is signed to the foregoing Agreement, bearing
date of the ____ day of ________, 2018, has acknowledged the same before me in the jurisdiction
aforesaid.
Given under my hand this ____ day of _________________, 2018.
_______________________________
Notary Public
My commission expires: _________________________________
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Amthor Revised Performance Agreement (Staff Contact: Matthew D.
Rowe)
Staff Contact(s): Matthew D. Rowe
Agenda Date: May 15, 2018 Item Number: 7.n
Attachment(s): 05-10-2018-Amthor Internation Restated Local Performance Agreement
Reviewed By:
SUMMARY:
Due to macroeconomic changes, Amthor International (“Amthor”) had to rapidly adjust its
investment plans after the original project was announced. This adjustment resulted in Amthor
still planning to hire ninety (90) new positions and invest $2.5M to expand the existing facility,
rather than constructing a new $7M facility. Amthor’s changes are reflected in the revised Local
Performance Agreement (the “Agreement”) with Pittsylvania County and the Pittsylvania
County IDA. As of the date of this summary, Amthor has hired twenty-eight (28) of the ninety
(90) new positions. The IDA approved the Agreement on May 8, 2018.
FINANCIAL IMPACT AND FUNDING SOURCE:
The Agreement states that the County/IDA will pay Amthor $40,000 once all ninety (90) jobs are
created and $2.5M of new taxable investment is made. Additionally, the County/IDA will pay
$22,500 to Amthor per the County’s Local Enterprise Zone Incentive of a one (1)-time payment
of $250 per job created (post performance). Over the next five (5) years, the County/IDA will
pay up to $62,500 to Amthor based upon performance being met. Funding source is the
County’s economic development fund/general fund.
RECOMMENDATION:
Approve the amended Agreement as presented.
MOTION:
“I make a Motion to approve the amended Performance Agreement for Amthor International
which will result in the Company creating ninety (9) new jobs and investing $2.5M at its Gretna,
Virginia, plant.”
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AMENDED AND RESTATED LOCAL PERFORMANCE AGREEMENT
THIS AMENDED AND RESTATED LOCAL PERFORMANCE AGREEMENT
this "Agreemcnt"), made and entered into as of the 15th day of May 2018, by and among
INDUSTRIAL DEVELOPMENT AUTHORI'I'Y OF PITTSYLVANIA COUNTY,
VIItGINIA, a political subdivision of the Commonwealth of Virginia (the "County IDA"); the
COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of
Virginia (the "County"); and AMTHOR INTERNATIONAL, INC., a Virginia corporation
the "Company");
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained and other good and valuable consideration, the receipt and adequacy f which are
hereby acknowledged, the parties agee as follows:
Section 1. - Recitals. The parties recite the following facts:
a. The County IDA and the County, in order to stimulate economic growth and
development of the community by cre,ating jobs and infrastructure, have agreed to provide
incentives to expanding businesses which conduct industrial activity.
b. This Agreement is intended and shali amend and restate in its entirety that certain
Local Performance Agreement dated February l, 2018, among the parties.
c. The Company has agreed to expand its current faality located at 237 Industrial
Drive, in Gretna, Virginia (GPIN 2520-75-8953), that manufactures and fabricates custom-made,
tank trucks. The Company intends to construct a new manufacturing addition to contain
approximately forty thousand (40,000) square feet of space (the "New Addition"). During the
Performance Period described below, the Company plans to make capital equipment investments
of at least Two Million Five Hundred Tt ousand and 00/104 Dollars ($2,500,000.00) (of which
Two Million and 00/100 Doilars ($2,000,040.00) in construction costs and Five Hundred
Thousand and 00/100 Dollars ($500,000.00) in new machinery and tools) and to create ninety
90) full-time jobs with an average yearly base wage of at least Thirty-Eight Thousand and
00/100 Dollars (538,000.00), as set forth below.
d. Each of the County IDA and the County is willing to provide or apply for those
certain grants, benefits or incentives to the Company summarized in Schedule 1(dl. attached
hereto and incorporated herein by this reference, provided that the Company satisfies certain
criteria relating to employment projections and capital investment as described below.
e. Each of the County IDA and the County finds that the provisions of this
Agreement and the commitments of the Company will promote the expansion of industry by
inducing industrial development within Gretna, Virginia, and that such development will
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promote the safety, health, welfare, convenience and prosperity of ttie citizens of Gretna and the
County.
ecrion 2. - Definitions. For the purposes of this Agreement, the following terms shail
have the foflowing definitions:
a. "Agreement" shall mean this Amended and Restatai Local Performance
Agreement and shalt have the same meaning as set forth in the header paragraph.
b. "Capital Investment" means a capital expenditure by or on behalf of the
Company in taxable real property, taxable tan$ible personal property, or both, at the Facility.
A capital expenditure related to a leasehold interest in real property will be considered to be
made "on behxlf of the Company" if a lease between a developer and the Company is a capital
lease, or is an operating lease having a term of at least ten (10) years, and the real properiy
would not have been constructed or improved but for the Company's interost in leasing some or
all af the real properiy. Only the capital expenditures allocated to the portion of the reai
property to be leased by the Company will count as Capital Investment. The purchase or lease
of fumiiure, fixtures, machinery and equipment, including under an operating lease, will qualify
as Capita! Investment hereunder.
c. "COF" shall mean the Commonwealth Opportunity Fund Grant through the
V'irginia Economic Development Partnership and shall have the same meaning as that term in
Section S(d)(i) below.
d. "Com,pany" shall have the same meaning as that term in the header paragraph of
this Agreement.
e. "County" shall have the same meaning as that term in the header paragraph of
this Agresment.
County IDA" shall have the same meaning as that term in the header paragraph
of this Agreement.
g. "Event of Default" shall have the same meaning as that term is used in Section 9
below.
h. "Event of Force Majeure" shall mean without limitation any of the following:
acts of God; strikes, lockouts or other industrial disturbances; act of public enemies; orders of
any kind of the government of the United States of America or of the Commonwealth or any of
their respective departments, agencies, political subdivisions or officials, or any civil or military.
authority; insurrections; riots; epidemics; landslides; lightning; earthyuakes; fires; hurricanes;
tornadces; storms; floods; washouts; droughts; arrests; restraint of governmeat and people; civil
disturbances; explosions; breakage or accident to machinery, transmission pipes or canals not
caused by the Company; partial or entire failure of utilities; or any other cause or event not
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reasonably within the control of the Company.
i, "Existing Fiicitity" shall mean the facility in which the Company operates its
business, commonly known as "237 Industrial Drive, Gretna, Virginia 24557".
Facility" shaU collectivety mean the Existing Facility and the New Addition.
k. "Government Parly" or "Government Parties" shall mean the County IDA, the
County or both.
l. "Herd Construction Costs" shall mean the direct costs associated with the
physical construction of the New Addition and fi ctures that are to serve the New Addition,
including without limitation building materials and labor costs, but excluding soft constcuction
costs (e.g., architectural, engineering and legal fees, permit fees, taxes and insurance premiums).
Any disagreement or ambiguity of whether a particular cost or expense is a Hard Construction
Cost for purposes of Section 5 below shall be resolved in the sole determination of the County
IDA, and such determination shall be final and binding upon the parties.
m. "Maintain ", as it pertains to a New Job, shall mean that the New Job will
continue without interruption from the date of creation ihrough the Performance Date.
Positions for the New Jobs will be treated as Maintained during periods in which such positions
are not filled due to (i) temporary reductions in the Company's employment levels (so long as
there is active recruitment for open positions), (ii) strikes and (iii) other temporary work
stoppages not to exceed sixty (60) days.
n. "NewAddition" s hall have the same meaning as that term is used in Section 1(c)
above.
o. "New Job" shall mean new permsnent fuil-time employment of an indefinite
duration at the Facility for which the standard fringe benefits are provided by the Company for
the employee, and for which the Company pays an average annual wage of at least Thirty-Eight
Thousand and 00/100 Dollars ($38,400.00), excluding standard fdnge benefits. Each New Job
must require a minimum of either (i) thirty-five (35) hours of an employee's time per week for
the entire normal year of the Company's operations, which "norma! year" must consist of at
least forty-ight {48) weeks, or (ii) one thousand six hundre eighty (1,680} hours per year.
Seasonal or temporary positions, positions created when a job function is shifted from an
existing tocation in the Commonweaith of Virginia, and positions with consVuctian conVactors,
vendors, suppliers and similar multiplier or apin-off jobs sha11 not qualify as New Jobs.
p. "Performance Date" shall mean the date that is five (5) years after the date of
this Agreement. The Performance Date, as the term is used in this Agreement, shall not
necessarily be the same date as the date or dates set forth in State Grants for the Company's
satisfaction or achievement of certain performance metrics tied to those State Grants.
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q. "Performance Period" shall mean that period of time commencing on the date of
this Agreement and ending on the Performance Date.
r. "Recruitment Documents" shall mean any one or more of this Agreement and
any performance grant agreement or similar agreement entered in connection with any State
Grant.
s. "Stute Grant Performance Period" shall have the same meaning as that term is
used in Section 5{d) below.
t. "State Grants" shall mean the Commonwealth Opportunity Fund Grant; the
Tobacco Region Oppoitunity Fund Grant; Virginia State Enterprise Zone Grant; and Virginia
Jobs Investment Program Grant.
u. "Tobacco Conimission" shall mean the Virginia Tobacco Region Revitalization
Commission, a political subdivision of the Commonwealth of Virginia, as created in Chapter 31
of Title 3.2 of the Code of Virginia, 1950, as amended.
Seciion 3- Maintenance of Cor orate Headq iarters in Gretna. Throughout the
Performance Period, the Company shall maintain its state of domicile in the Cammonwealth of
Virginia, and its corporate headquarters in Gretna, Virginia.
tion 4- Capital Investment and New Job Creation by the Cam, y.
a. $2.SM Capital Investment. On or before the Performance Date, the Company
shall make Capita! Investment in the minimum aggregate amount of Two Million Five Hundred
Thousand and 00l100 Dollars ($2,500,000.00) in or for the Facility.
b. 90 New Jobs. The Company shal! create and ecnploy ninety (90) New Jobs on
or before the Performance Date and shall Maintain these New Jobs until at least the Performance
Date. Beginning on November l, 2018, the Company shaJl produce and deliver to the County
IDA on November 1 and May 1 of each year during #he Performance Period, a New Jobs roster
itemizing, at a minimum, each New Job and the base pay (excluding fringe benefits), as
described in Section 2(0) above and any other infonnation pertaining to New Jobs as may be
reasonably requested by the County IDA. The Company shall redact from the New Jobs roster
any personally identifiable information of its employees. The Company hereby authaizes each
of the County's Economic Development Director and the County IDA's Treasurer (or his
respective designees) to obtain and to verify the information contained in the New dobs roster
from the Virginia Employmeni Commission.
c. Financial Report. Beginning November 1, 2018, the Company shall produce
and deliver to the County IDA on November 1 and May 1 of each year during the Perfurmance
Period, a nancial report on the status of the Company's business since the date of the New
Addition is constructed and put into use.
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Section 5. - Funds Extended or Value Provided to or for the Company.
a. Un to S 15_000 in value for Pi lvania Co n_ Enterprise Zone Permit Waivers.
The County acknowledges that under the County's Enterprise Zone program, the Company's
Capital Investment and creation of New Jobs as contemplated in this Agreement could qualifyforuptoFiftee Thousand and 00/100 Dollars ($ I5,000.00) in value, in the form of commercial
building permit fee waivers and development fes waivers. The County shall disburse such
grant according to the terms and conditions of its Enterprise Zone program. As an additional
condition to this grant, the Company shall not then be in default of this Agreement, and no cure
period is applicable. After this grant is disbursed, this grant is not subject to recapture by the
County or the County IDA in the event ti e Company fails to make the Capitai Investment and/or
create and Maintain the New Jobs on or before the Performance Date.
b. Un to S22 S00 Pittsvlvania County Enterprise Zone Job Creation Grant. The
County shall pay to the Company a Pittsylvania County Capital Enterprise Zone Job Creation
Grant in the maximum aggregate amount of Twenty Two Thousand Five Hundred and 00/100
Dollars ($22,500.00), at the rate of Two Hundred Fifiy and 00/104 Dollars ($250.00) per New
Job created during the Performance Period. The County shall disburse such grant according to
the terms and conditions of its Enterprise Zone program. As an addi6onal condition to this
grant, the C mpany shall not then be in default of this Agreement, and no cure period is
applicable. After this grant is disbursed, this gant is not subject to recapture by the County or
the County IDA in the event the Company fails to make the Capital Investment and/or create and
Maintain the New Jobs on or beforo the Performance Date.
c. $40.000 Pittsylvania Count}i C pital Enhanc nent Crant. The County shall pay
to the Company a Pittsylvania County Capital Enhancement Grant in the maximum amount of
Forty Thousand and 00/100 Dollars ($40,000.00) to be applied to or for Hard Construcdon Costs
of the New Addition. As an additional condition to this grant, the Company shall not then be in
default of this Agreement, and no cure period is applicable. After this gant is disbursed, this
grant is not subject to recapture by the County or the County IDA in the event the Company fails
to make the Capital Investment and/or create and Maintain the New Jobs on or before the
Performance Date.
d. State Grant Applications.
Crrants as follows:
Government Parties shall apply for and accept State
i. 150.000.00 Commonwealth Opportunity Fund Grant. As a condition to
and as a part of the application for the Commonwealth Opportunity Fund
Grant (the "COF") of up to One Hundred Fifty Thousand and 00/100
Dollars ($150,000.00), based on a Stste Performance Period (as defined
below) of three (3) years, a Government Party and the Company shall
enter into a performance grant agreement with the Virginia Economic
Development Partnership. If the application for such grant is approved,
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that Government Party shall disburse the funds upon the Company's
satisfaction or achievement of certain performance metrics as set forth in
such performance grant agreement.
ii. $230 040 00 Tobacr Re on OQportunity Fund. As a condition to and
as a part of the application £or the Tobacco Region Opportunity Fund
Grant of up to Two Hundred Thirly Thousand and OfJ/100 Dollars
5230,040.00), based on a State Performance Period (as defined below) of
five (5) years, a Government Party and the Company shall enter into a
performance grant agreement with the Tobacco Commission. If the
application for such grant is approved, that Gc>vernment Party shall
disburse the funds upon the Company's satisfaction or achievement of
certain performance metrics as set £orth in such performance grant
agreement. After the Company's satisfaction or acluevement of those
performance metrics and the disbursement of the gant to the Company,
this grant is not subject to recapture by the Government Party in thc event
the Company fails to make the Capital Invesanent and/or crea#e and
Maintain the New Jobs on or before the Performance Date.
iii. $444 000 00 Vir.nia State Enterorise Zone Grant. The Facility is
located in a Virginia Enterprise Zone. A Govemment Party shall apply
for a Virginia State Enterprise Zone Grant from the Virginia Department
of Housing and Cornmunity Development, estimated at (i) up to Three
Hundred Forty Four Thousand and 00/100 Dollars ($344,000.40) based
upon the Company's hiring schedule and (ii) up to One Hundred
Thousand and 001100 Dollars ($100,000.00) based upon estimated
construction costs of Two Million and 00/100 Dollars ($2,00O,OOQ.00) for
the New Addition. If such application for such grant is approved, the
Government Party shail disburse the grant according to the terms and
conditions of the Virginia State Enterprisc Zone program.
iv. 5 72,000 00 Vir aia Jobs Investment Pro¢ram Grant. The County IDA
shall assist the Company in applying for grants under the Virginia
Economic Development Partnership's Virginia Jobs Investment Fr gram,
estimated at up to Seventy Two Thousar d and 00/100 Dollars
72,000.00) for job training purposes. If the apptication for such grant
is approved, the Virginia Economic Development Partnership (of if
allowed by the program, tlae County IDA) shall disburse the grant
according to the terms and conditions of the Virginia Jobs Investment
Program.
The Company shali reasonably cooperate with the Government Parties in connection with the
applications for the State Grrants, including without limitation providing financial information
about the Company, the Company's planned Capita! Investments, and the creation schedule of
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the New Jobs; provided, however, that the Government Parties agree to keep confidential, to thefullestextentatlowableunderVirginiaCode § 2.2-37U5.6(3), as amended, or successor
provision, all of the proprietary information voluntarily provided by the Company to the
Governmerrt Parties in connection with the application for the State Grants or in connection with
the negotiating or drafting of ttus Agreement and the schedules thereto.
The Company acknowledges and agrees that the period of time for the Company to
perform under a State Crrant ("State Grant Performance Period") may be less than the
Performance Period under this Agreement, and that some periods under a State Grant may bethree (3) years. Nothing in this Ageement shall be deemed or construed to extend any StateGrantPerformancePeriod.
Section 6. - Acknowled xment and Classification of State Graats. The parties
acknowledge and agree that the State Grants shall be paid directly to one or more of theGovernmentPartiesandnottotheCompany. Moreover, how those funds are disbursed or
applied ahall be in the sole discretion of the Government Parties and no other party to this
Agreement, but at all times consistent with ihe purposes and transa.ctions contemplated by the
parties under this Agreement.
Section 7- Capital Investment Ren. The Company shall provide a signed report to
the County IDA annually, beginning November 1, 2018, documenting the Company's progress
in Capital Investment and in maintenance of the Capital Investment of at least Two 1Vlillion Five
Hundred Thousand and 00/100 Dollars (52,500,000.00). The Company further agrees that each
of the County's Economic Development Director and the County IDA Treasurer (or his
respective designees) is authorized to verify all taxable Capital Investment and related
information through the Office of the Commissioner of Revenue for the County.
Section S- Representations and Warranties of the Comp ny. As of the date of this
Agreement and continuing until the PerFormance Date, the Company hereby represents and
wairants to each Govemment Party the following:
a. The Company is a corporation duly organized, validly e cisting, and in good
standing under the laws of the Commonwealth of Virginia of the date of this Agreement. The
Company is authorized to Vansact business in all jurisdic6ons in which the Company currently
conducts any material business.
b. This Agreement, the transactions contemplated herein, and the other Recruitment
Documents to be executed by the Company have been or shall have been approve by all
necessary corporate action by the Company; and the persons executing this Ageement and any
of the other Recruitment Documents to be executed by the Company have or shall have full and
complete authority to execute and deliver the same for and on behalf of the Company.
c. The execution, delivery, and performance of this Agreement, the other
Recruitment Documents, and the consummation of the transactions contemplated hereby and
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thereby by the Company will not violate, conflict with, or result in any default under, or cause
any acceleration of any obligation under, any (i) Articles of Incorporation, Bylaws, Shareholder
or Buy-Sell Agreement, or other organizational documents of the Company; (ii) any existing
contract, agreement, note, or other document to which the Company is a party, or by which the
Company or any secured assets of the Company are bound; or (iii) any orders, decrees, or laws
of any jurisdiction applicable to and binding upon the Company.
d. This Agreement and all other Recruitment Docuxnents consritute the legal,
binding and enforceabie obligations of the Company in accordance with the terms contained
herein or therein, subject to any applicable bankruptcy laws.
e. There is no pending or threatened litigation or proceeding against the Company
which may materially adversely affect the finacicia] condition, business operations, or business
prospects of the Company.
f. The Company is not in material default with respect to any existing indebtedness
incurred by it.
g. All financial statements, certificates, resolutions, and other information or
documentation furnished to any one or more of the Government Parties prior to the date of this
Agreement by the Company or any of its aff'iliates are true, correct, and accurate, and no such
information fails to disclose or misrepresents any information which could materially or
adversely affect the transactions contemplated in this Agreement; and neither the Company nor
any of its aff'iliates has failed to dis lose any informadon which could materially and adversely
affect the business or financial condition of thc Company.
ectinn 9. - Event of Default. It shall be an Event of Default upon the occurrence of
any one or more of the following events:
a. The occurrence of any defauli under this Ageement or any other Recruitment
Document which is not cured within thirty (30) days after written notice to the Company of such
default (or if such default cannot reasonably be cured within such thirty (30) day period, then if
the Company faiis to substantially begin such cure within such thiriy (30j day period or fails
thereafter to diligently pursue such cure);
b. The Company discontinues business for a period of sixty (60) days r more, or
materially changes the nature of the Company's business;
c. The Company or any of its affiliates (i) files a petition or has a petition filed
against it under the Bankruptcy Code or any proceeding for the relief of insolvent debtors which
is not dismissed within sixty {60) days of such filing; (ii) is subject to the entry of an order for
relief by any court of insolvency; (iii) makes an admission of insolvency seeking the relief
provided in the Bankruptcy Code or any other insolvency law; (iv) makes an assignment for the
beneiit of creditors; (v) has a receiver appointed, voluntarily or othe wise, for its property; or
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vi) becomes insolvent, however otherwise evidenced;
d. The controlling owner of the Company (i) files a petition or has a petition filed
against it under the Baniwptcy Code or any proceeding for the relief of insolvent debtors which
is not diemissed within sixty (60) days of such filing; (ii) is subject to the entry of an order for
relief by any court of insolvency; (iii) makes an admission of insolvency seeking the relief
provided in the Bankruptcy Code or any other insolvency law; (iv) makes an assignment for the
benefit of creditors; (v) has a receiver appointed, voluntari(y or otherwise, for its propaty; or
vi) becomes insolvent, however otheruvise evidenced;
e. The Company is not in good standing with the Virginia State Corporation
Commission after having received at least thirty (30) days written notice from the Commission;
or
f. An officer or controlling owner of the Company or any affiliate of the Company
transacting business in the County (i) is convicted of a felony, or (ii) is convicted of any other
crime involving lying, cheating, stealing, fraud, misappropriation, or other similar acts of
dishonesty. .
Section 10. - Upon Occurrence of an Event of Defautt. In addition to and not in lieu of
any other remedies or relief made available to any one or more of the Government Parties under
this Agreement, at law or in equity, upon the occurrence of an Event of Default, irrespective of
whether any Government Party has terminated this Agreement, each Government Party (as the
case may be) may elect any one or more of the following:
a. The Government Party may immediately cease to disburse any further payments
to or for the Company under this Agreement, the Recruitment Documents, or the State Grants;
b. The Government Party may give written notice to the Company exercising the
right to accelerate the Company's obligation to repay its unpaid indebtedness, if any, of the
Company to that Government Party, declaring the outstanding balance to be immediately due
and payable;
c. Upon giving written notice to the Company, the Government Party shall have the
right, but not the obligation, to offset any amounts owed by the Government Parry against
amounts owed or claimed to be owed by the Company; and/or
d. The Government Paity may pursue any and al! other remedies avaitable to it
under this Agreement, any one or more of the Recruitment Documents or applicable law.
Section 11. - Audit and Guideline Rec uirements. Upon reasonable prior written
request, the Company shall a iow each of the County's Economic Development Director and the
County IDA's Treasurer (or his respective designees) reasonable access during regular business
hours to all records pertaining to the Company's employment and investment at the Facility, and
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the Company shall cooperate with the County IDA in any audit of such records by furnishing all
information necessary to verify the Company's performance under this Agreement. In return,
each of the County IDA and the County agrees to maintain the confidentiality of any and all
proprietary, confidenrial and/or sensitive infoimation, including without limitation personal
payroll earnings or similar information that those Government Parties or its designees may
receive or access.
Section 12. - Force Mai r_e. Notwithstanding the foregoing, if the Company does not
me t the New Job and Capital Investments requirements because of an Event of Force Majeure,
the Performance Date will be extended day-for-day by the delay in meering the targets causeri by
the Event of Force Majeure. After the occurrence of any such Event of Force Majeure and
written reyuest of any party, the partiss shall confirrn the extendad Performance Date in writing.
Section 13 - Subject to Annual Appro nn 'ations. As provided under Virginia law, the
obligations of the Government Parties to pay the cost of performing its obligations under this
Agreement are subj ect to and dependent upon annual appropriations being made from time to
time by the governing body of such Govemment Party, for such purpose.
Section l4. - Non-waiver. No waiver of any term or condition of this Ageement by
any party shall be deemed a continuing or further waiver of the same ternn or condidon or a
waiver of any other term or condition of this Ageement.
Section .- Attorneys' Fg s. Each of the parties shall be solely responsible for their
respective attorneys' fees in the negotiating, drafting, and execution of this Agreement and any
of the transactions contemplated hereby.
Section 16. - Oth r pocuments. The parties agree that they shall execute,
acknowledge, and deliver all such further documents as may be reasonably required to carry out
and wnsummate the transactions contemplated by this Agreement.
Section 17. - Default. In the event that a party to this Ageement incurs attorneys' fees
and/or costs in pursuing or defending an allege i breach of this Agreement, the non-prevailing
party, in addition to any other remedy, shall be responsible for the reasonable attorneys' fees and
costs incurred by the prevailing party. The parties retain all rights at law and in equity to
enforce the provisions of this Agreement in accordance with applicable law.
Section 18. - Entire reement. This Agreement and the schedule hereto contain the
entire agreement and understanding of the parties to this Agreement with respect to the
transactions contemplated hereby; and this A.greement and the schedule hereto supersede all
prior understandings and agreements of the parties with respect to the subject matter hereof.
Section 19. - Headinas. The descriptive headings in this Agreement are inserted for
convenience only and do not constitute a part of this Agreement.
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Section 20. - Notices. Any notice required or contemplated to he given to any of the
parties by any other party shall be in writing and shall be given by hand delivery, certified or
registered United States mail, or a private courier service which provides evidence of receipt as
part of its service, as follows:
If to the Countv IDA or the Countv:
Attn.: Matthew D. Rowe
Director of Economic Development
1 Center Street
P.O. Box 426
Chatham, VA 24531
If to the Companv:
Amthor International, Inc.
AtM: Brian R. Amthor
Executive Vice President
237 Industrial Dr.
Gretna,. VA 24557
With acovy to:
J. Vaden Hunt, Esq.
County Attorney
1 Center Street
P.O. Box 426
Chatham, VA 24531
Any party may change the address to which notices hereunder are to be sent to it by givingwririennoticeofsuchchangeinthemannerprovidedherein. A notice given hereunder shall be
deemed given on the date of hand delivery, deposit with the United States Postal Service
properly addressed and postage prepaid, or delivery to a courier service properly addressed with
all charges prepaid, as appropriate. Copies as set forth in this Section 20 are provided as a
courtesy and shall not be required to effectuate notice as provided herein.
Section 21. - Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of V rginia. The pardes hereby submit to the
exclusive jurisdiction of the state court located in Pittsylvania County, Virginia, or the U.S.
District Court for the Western District of Virginia (Danville Division), in any action or
proceeding arising out of, or related to tivs Agreement, and the parties hereby agree that all
claims in respect of any action or proceeding shall be heard or determined only in either of these
courts. The parties agee that a final judgment in any action or proceeding shall, to the extent
permitted by applicable law, be conclusive and may be enforced in other jurisdictions by suit on
the judgment, or in any other manner provided by applicable law related to the enforcement of
judgments. If any ambiguity or question of intent or interpretation arises, this Agreement shall
be construed as if drafted jointly by the parties and no presumptions or burden of proof shall
arise favoring or disfavoring any party by virtue of authorship of any of the provisions of this
Agreement.
Section 22 - Bindin Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors, assigns, and legal representatives.
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Section 23 - Amen men Modification and/or Sup le}ment. The parties may amend,
modify, and/or supplement this Agreement in such manner as may be agreed upon by the parties,
provided such amendments, modifications, and/or suppiement are reduced to writing and signed
by the parties or their successors in interest.
Se.ction 24 - Gen er and Number. Throughout this Agreement, wherever the context
requires or permits, the neuter gender shall be deemed to include the masculine and feminine,
and the singular number to include the plural, and vice versa.
Section 25 - Counter arts. This Agreement may be executed in one {1) or more
counterparts, each of which shall be deemed an original but all of which together shall constitute
one and the same Agreement.
Section 26. - Severabilitv. The invalidity or unenforceability of any particular
provision of this A reement shall not affect the other provisions hereof, and this Agreement
shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
Section 27. - Survival. Any termination, cancellation or expiration of this Agreement
notwithstanding, provisions which are by their terms intended to survive and continue shall so
survive and continue, including without limitation the other Recruitment Documents.
Section 28. - No Third-PartX Beneficiaries. Nothing in this Agreement is intended, nor
will be deemed, to confer any rights or remedies upon any person or legal entity not a party to
this Ageement.
SIGNATURES ARE UN FOLLOWING PAGES.]
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WTTNESS our signature to this AMENDED AND RESTATED LOCAL
PERFORMANCE AGREEMENT as of the date ftrst above written:
INDUSTRIAL DEVELOPMENT AUTHORITY
OF PITTSYLVANIA COUNTY, VIRGINIA, a
political subdivision of the Commonwealth of
Virginia
By:
ie L. te, Jr., Chairman
ATTEST:
V-
renda O. Robertson
Clerk
Industrial Development Authority of Pittsylvania County, Virginia
CO T + VIRGINIA,AT LARGE
CI /COUNTY F to-wit:
The foregoing inswment was acknowladged before me this day of
2418, by EDDIE L. HITE, JR., in his capacity as Chairman of
1NDUST L DEVELOPMENT AUTHORTI'Y OF PTTTSYLVANIA COUNTY,
VIRGINIA, a political subdivision of the Commonwealth of Virginia, on behalf of such entity.
My commission expires:
o Public
Registration No. l -{ (
Nollye Keesee
Commonwealth of Vrginie
Notary Publica rmmission No. 7674910
1'; Ccmmission Expire
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WITNESS our signature to this AMENDED AND RESTATED LOCAL
PERFORMANCE AGREEMENT as of the date first above written:
COUNTY OF PI7TSYLVANLa, VIRGINIIA, a
poli6cal subdivision of the Commonwealth of
Virginia
ATTEST:
David M. Smitherman
Clerk
Pittsylvania County Board of Supervisors
Robert W. Wanen, Chairman
Board of Supervisors
COMMONWEALTH OF VIRGINIA, AT LARGE
CITY/COUNTY OF tawit:
The foregoing instrument was acknowledged before me this ___ day of
2018, by ROBERT W. WARREN, in his capacity as Chairman of the Board
of Supervisors of COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the
Commonwealth of Virginia, on behalf of such entity.
My commission expires:
Notary Public
Registration No.
l4
7.n.a
Packet Pg. 176 Attachment: 05-10-2018-Amthor Internation Restated Local Performance Agreement (1194 : Amthor Revised Performance Agreement (Staff
WITNESS our signature to this AMENDED AND RESTATED LOCAL
PERFORMANCE AGREEMENT as of the date first above written:
AMTHOR INTERNATIONAL, I1 1C., a Virginia
corporati on
By:
Bria Amthor
Executive Vice President
CO LT GINIA
C CUUNTY_p , to-wit:
The foregoing instrument was acknowledged before mc this day of
2018, by BRIAN R AMTHOR, in the capacity as Executive Vice President
of AMTH R INTERNATIONAI,, INC., a Virginia corporation, on behalf of such en6ty.
My commission expires:
ry Publi
Registration o. _
u,
J
Horlye Keesee
Commonweallh ol Vrginis
tdctEry Public
4 . , : i; ,t;nission No. 7674910
v t!: Tmis ian F xpires y.. .
List of Schedules
1(d) - Summary of Grants, Benefits or Incentives
15
7.n.a
Packet Pg. 177 Attachment: 05-10-2018-Amthor Internation Restated Local Performance Agreement (1194 : Amthor Revised Performance Agreement (Staff
Schcdule 1(d)
Summary of Grants, Benefits or Incentives)
Grant / Benefit / Incentive Value or Max.
Value
Pittsylvania County Enterprise Zone Permit Waivers {' S(a)) $15,000.40
Pittsylvania County Enterprise Zane Job Creation Grant (§5{b)) 522,500.00
Pittsylvania County Capital En.hancement Crrant $40,000.00
COF (' S(dxi)) $150,000.00
Tobacco Region Opportunity Fund (' S(d)(ii)) $230,000.00
Virginia State Enterprise Zone Grant (' S(d}(iii)) $444,400.00
New Jobs $344,000.00
Construction $100,000.00
Virginia Jobs Inveshnent Program Grant (' S(d)(iv)} 72,400.00
Total $973,500.00
lb
7.n.a
Packet Pg. 178 Attachment: 05-10-2018-Amthor Internation Restated Local Performance Agreement (1194 : Amthor Revised Performance Agreement (Staff
Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: Amthor Expansion Update (Staff Contact: Matthew D. Rowe); (Presenter:
Brian Amthor)
Staff Contact(s): Matthew D. Rowe
Agenda Date: May 15, 2018 Item Number: 8.1
Attachment(s):
Reviewed By:
Mr. Brian Amthor will be present to give Amthor Expansion Update.
8.1
Packet Pg. 179
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Rezoning Case R-18-008; Richard Adam Gillespie; Dan
River Election District; R-1, Residential Suburban Subdivision District to
A-1, Agricultural District (Staff Contact: Gregory L. Sides)
Staff Contact(s): Gregory L. Sides
Agenda Date: May 15, 2018 Item Number: 10.A.1
Attachment(s): GILLESPIE CASE R-18-008
Reviewed By:
SUMMARY:
Case R-18-008: Richard Gillespie is requesting to rezone from R-1, Residential Suburban
Subdivision District, to A-1, Agricultural District, 4.22 acres, located on State Road 658/Dr
Milams Road in the Dan River Election District. The parcel is shown on the County’s records as
GPIN # 2470-92-0717.
The Planning Commission, with no opposition, recommended granting the Petitioner’s request.
The County Staff Summary has been submitted in the Board Packet.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff submits this item to the Board of Supervisors for their review and consideration.
10.A.1
Packet Pg. 180
10.A.1.a
Packet Pg. 181 Attachment: GILLESPIE CASE R-18-008 (1156 : Rezoning Case R-18-008 Gillespie)
10.A.1.a
Packet Pg. 182 Attachment: GILLESPIE CASE R-18-008 (1156 : Rezoning Case R-18-008 Gillespie)
10.A.1.a
Packet Pg. 183 Attachment: GILLESPIE CASE R-18-008 (1156 : Rezoning Case R-18-008 Gillespie)
10.A.1.a
Packet Pg. 184 Attachment: GILLESPIE CASE R-18-008 (1156 : Rezoning Case R-18-008 Gillespie)
10.A.1.a
Packet Pg. 185 Attachment: GILLESPIE CASE R-18-008 (1156 : Rezoning Case R-18-008 Gillespie)
10.A.1.a
Packet Pg. 186 Attachment: GILLESPIE CASE R-18-008 (1156 : Rezoning Case R-18-008 Gillespie)
10.A.1.a
Packet Pg. 187 Attachment: GILLESPIE CASE R-18-008 (1156 : Rezoning Case R-18-008 Gillespie)
10.A.1.a
Packet Pg. 188 Attachment: GILLESPIE CASE R-18-008 (1156 : Rezoning Case R-18-008 Gillespie)
10.A.1.a
Packet Pg. 189 Attachment: GILLESPIE CASE R-18-008 (1156 : Rezoning Case R-18-008 Gillespie)
10.A.1.a
Packet Pg. 190 Attachment: GILLESPIE CASE R-18-008 (1156 : Rezoning Case R-18-008 Gillespie)
10.A.1.a
Packet Pg. 191 Attachment: GILLESPIE CASE R-18-008 (1156 : Rezoning Case R-18-008 Gillespie)
10.A.1.a
Packet Pg. 192 Attachment: GILLESPIE CASE R-18-008 (1156 : Rezoning Case R-18-008 Gillespie)
10.A.1.a
Packet Pg. 193 Attachment: GILLESPIE CASE R-18-008 (1156 : Rezoning Case R-18-008 Gillespie)
10.A.1.a
Packet Pg. 194 Attachment: GILLESPIE CASE R-18-008 (1156 : Rezoning Case R-18-008 Gillespie)
10.A.1.a
Packet Pg. 195 Attachment: GILLESPIE CASE R-18-008 (1156 : Rezoning Case R-18-008 Gillespie)
10.A.1.a
Packet Pg. 196 Attachment: GILLESPIE CASE R-18-008 (1156 : Rezoning Case R-18-008 Gillespie)
10.A.1.a
Packet Pg. 197 Attachment: GILLESPIE CASE R-18-008 (1156 : Rezoning Case R-18-008 Gillespie)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Rezoning Case R-18-009; Jo Ann Pyles; Banister
Election District R-1, Residential Suburban Subdivision District to RMF,
Residential Multi-Family District (Staff Contact: Gregory L. Sides)
Staff Contact(s): Gregory L. Sides
Agenda Date: May 15, 2018 Item Number: 10.A.2
Attachment(s): CASE R-18-009 Pyles
Reviewed By:
SUMMARY:
Case R-18-009: Jo Ann Pyles has petitioned to rezone from R-1 Residential Suburban
Subdivision District to RMF, Residential Multi-Family District, 1.11 acres, located on U.S.
Highway 29 North in the Banister Election District. The parcel is shown on the County’s record
as GPIN # 2329-45-3023.
The Planning Commission, with no opposition, recommended granting the Petitioner’s request.
The County Staff Summary has been submitted in the Board Packet.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff submits this item to the Board of Supervisors for their review and consideration.
10.A.2
Packet Pg. 198
10.A.2.a
Packet Pg. 199 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 200 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 201 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 202 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 203 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 204 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 205 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 206 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 207 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 208 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 209 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 210 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 211 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 212 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 213 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 214 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 215 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 216 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 217 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 218 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 219 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 220 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 221 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 222 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 223 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 224 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 225 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
10.A.2.a
Packet Pg. 226 Attachment: CASE R-18-009 Pyles (1168 : Rezoning Case R-18-009; Pyles)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: VDOT Secondary Six-Year Improvement Plan (Staff
Contact: Gregory L. Sides); (Presenter: Joseph A. Craddock, VDOT)
Staff Contact(s): Gregory L. Sides
Agenda Date: May 15, 2018 Item Number: 10.B.1
Attachment(s): SSYP Supervisors Report
Reviewed By:
SUMMARY:
Each year, the Board of Supervisors and the Virginia Department of Transportation (“VDOT”)
are required to hold a Public Hearing to receive citizen input on the proposed Secondary Six (6)-
Year Plan. Joseph Craddock, VDOT Assistant Resident Engineer, presented the proposed plan to
the Board at the April 17, Work Session.
FINANCIAL IMPACT AND FUNDING SOURCE:
No local financial impact.
RECOMMENDATION:
County Staff recommends that the Board conduct the Public Hearing and approve the proposed
VDOT Secondary Six (6)-Year Plan.
MOTION:
“I make a Motion that the VDOT Secondary Six(6)-Year Plan, FY2019 – FY2024, be approved,
and that the County Administrator be authorized to sign any necessary documentation.”
10.B.1
Packet Pg. 227
Secondary System
Pittsylvania County
Fund FY2019 FY2020 FY2021 FY2022 FY2023 FY2024 Total
CTB Formula - Unpaved State $652,307 $626,919 $0 $0 $0 $0 $1,279,226
Secondary Unpaved Roads $0 $0 $0 $0 $0 $0 $0
TeleFee $210,646 $210,646 $210,646 $210,646 $210,646 $210,646 $1,263,876
Residue Parcels $0 $0 $0 $0 $0 $0 $0
STP Converted from IM $0 $0 $0 $0 $0 $0 $0
Federal STP - Bond Match $0 $0 $0 $0 $0 $0 $0
Formula STP $0 $0 $0 $0 $0 $0 $0
MG Formula $0 $0 $0 $0 $0 $0 $0
BR Formula $0 $0 $0 $0 $0 $0 $0
Other State Match $0 $0 $0 $0 $0 $0 $0
State Funds $0 $0 $0 $0 $0 $0 $0
Federal STP $0 $0 $0 $0 $0 $0 $0
District Grant - Unpaved $0 $0 $880,244 $449,951 $602,382 $602,382 $2,534,959
Total $862,953 $837,565 $1,090,890 $660,597 $813,028 $813,028 $5,078,061
Construction Program
Estimated Allocations
Board Approval Date:
Residency Administrator
County Administrator
Date
Date
Page 1 of 7
10.B.1.a
Packet Pg. 228 Attachment: SSYP Supervisors Report (1141 : VDOT Secondary Six-Year Improvement Plan FY2019 - FY2024)
District: Lynchburg
County: Pittsylvania County
Board Approval Date:2019-20 through 2023-24
Route Road Name Estimated Cost Traffic Count
PPMS ID Project #Scope of Work
Accomplishment Description FHWA #
Type of Funds FROM Comments
Type of Project TO
Priority #Length Ad Date
0644
107753
STATE FORCES/HIRED
EQUIPMENT
S
0001.01
No Plan
COOKSBURG ROAD
0644071P01
RTE 750
2.29 MI WEST OF RTE 750
2.3
RTE 644 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$405,750
$405,750
8/11/2016
60
Resurfacing
16005
UNPAVED CONSTRUCTION
0637
110229
STATE FORCES/HIRED
EQUIPMENT
S
0002.02
State forces/Hired equip
CN Only
JACOBS ROAD
0637071P04
RTE 642
RTE 638
1.4
RTE 637 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$320,000
$320,000
9/12/2017
220
Resurfacing
17005
0800
110579
STATE FORCES/HIRED
EQUIPMENT
S
0003.03
State forces/Hired equip
CN Only
RIGNEY CIRCLE
0800071P01
N INT OF RTE 799
S INT OF RTE 799
1.1
RTE 800 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$197,500
$197,500
7/19/2017
80
Resurfacing
17005
0817
110582
STATE FORCES/HIRED
EQUIPMENT
S
0004.04
State forces/Hired equip
CN Only
TURKEYCOCK MOUNTAIN ROAD
0817071P01
RTE 819
RTE 811
2.3
RTE 817 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$425,000
$425,000
7/19/2017
60
Resurfacing
17005
0706
111990
STATE FORCES/HIRED
EQUIPMENT
0005.05
State forces/Hired equip
CN Only
ABBOTT PLACE
0706071P01
RTE 701
1.1 MI WEST OF RTE 701
1.1
RTE 706 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$197,500
$197,500
9/28/2018
70
Resurfacing
17005
0707
111991
STATE FORCES/HIRED
EQUIPMENT
0006.06
State forces/Hired equip
CN Only
MAC ROAD
0707071P01
RTE 662
1.2 MI N OF RTE 662
1.2
RTE 707 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$215,000
$215,000
9/28/2018
50
Resurfacing
17005
Page 2 of 7
10.B.1.a
Packet Pg. 229 Attachment: SSYP Supervisors Report (1141 : VDOT Secondary Six-Year Improvement Plan FY2019 - FY2024)
District: Lynchburg
County: Pittsylvania County
Board Approval Date:2019-20 through 2023-24
Route Road Name Estimated Cost Traffic Count
PPMS ID Project #Scope of Work
Accomplishment Description FHWA #
Type of Funds FROM Comments
Type of Project TO
Priority #Length Ad Date
0713
112061
STATE FORCES/HIRED
EQUIPMENT
0007.07
State forces/Hired equip
CN Only
LESTER ROAD
0713071P01
RTE 662
1.6 MI N OF RTE 662
1.6
RTE 713 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$285,000
$285,000
10/1/2019
80
Resurfacing
17005
0927
111628
STATE FORCES/HIRED
EQUIPMENT
0008.08
State forces/Hired equip
CN Only
HICKEY ROAD
0927071P01
RTE 685
RTE 40
3.2
RTE 927 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$565,000
$565,000
10/1/2019
130
Resurfacing
17005
1070
-18824
STATE FORCES/HIRED
EQUIPMENT
0008.09
State forces/Hired equip
CN Only
RODGERS ROAD
1070071P01
RTE 659
DEAD END
0.3
RTE 1070 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$57,500
$57,500
10/1/2019
60
Resurfacing
17005
0618
-16572
STATE FORCES/HIRED
EQUIPMENT
0009.09
Tier 1 - Simple
Maintenance (CN Only)
FARMERS ROAD
0618071P01
RTE 606
RTE 640
2.3
RT. 618 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$393,750
$393,750
8/10/2021
50
Resurfacing
17005
0738
-16573
STATE FORCES/HIRED
EQUIPMENT
0010.10
Tier 1 - Simple
Maintenance (CN Only)
BAILESS DRIVE
0738071P01
RTE 640
DEAD END
0.7
RTE 738 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$95,000
$95,000
7/14/2020
60
Resurfacing
_7005
1062
-16574
STATE FORCES/HIRED
EQUIPMENT
0011.11
Tier 1 - Simple
Maintenance (CN Only)
CHURCH LANE
1062071P01
RTE 659
DEAD END
0.3
RTE 1062 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$46,876
$46,876
7/14/2020
80
Resurfacing
_7005
Page 3 of 7
10.B.1.a
Packet Pg. 230 Attachment: SSYP Supervisors Report (1141 : VDOT Secondary Six-Year Improvement Plan FY2019 - FY2024)
District: Lynchburg
County: Pittsylvania County
Board Approval Date:2019-20 through 2023-24
Route Road Name Estimated Cost Traffic Count
PPMS ID Project #Scope of Work
Accomplishment Description FHWA #
Type of Funds FROM Comments
Type of Project TO
Priority #Length Ad Date
0656
-16716
STATE FORCES/HIRED
EQUIPMENT
0012.12
Tier 1 - Simple
Maintenance (CN Only)
WILES ROAD
0656071764
RTE 713
DEAD END
0.4
RTE 656 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$50,421
$50,421
9/8/2020
80
Resurfacing
17005
0609
-18109
STATE FORCES/HIRED
EQUIPMENT
0013.13
State forces/Hired equip
CN Only
BRIGHTS ROAD
0609071P01
0.03 MI N RTE 757
END OF STATE MAINTENANCE
1.3
RTE 609 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$231,000
$231,000
9/29/2020
60
Resurfacing
17005
0607
-18111
STATE FORCES/HIRED
EQUIPMENT
0014.14
State forces/Hired equip
CN Only
ROBERTSON ROAD
0607071P01
RTE 668
0.5 MI S RTE 668
0.5
RTE 607 - RURAL RUSTIC (SURFACE TREAT
NON - HARDSURFACE)
PE
RW
CN
Total
$0
$0
$87,500
$87,500
9/29/2020
40
Resurfacing
_7005
0995
-18113
STATE FORCES/HIRED
EQUIPMENT
0015.15
State forces/Hired equip
CN Only
HAPPY LANE
0995071P01
RTE 903
END OF STATE MAINTENANCE
0.7
RTE 995 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$113,750
$113,750
9/29/2020
80
Resurfacing
17005
0698
-18114
STATE FORCES/HIRED
EQUIPMENT
0016.16
State forces/Hired equip
CN Only
STONE ROAD
0698071P01
RTE 57
RTE 640
1.6
RTE 698 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$285,250
$285,250
9/29/2020
70
Resurfacing
17005
0644
-18115
STATE FORCES/HIRED
EQUIPMENT
0017.17
State forces/Hired equip
CN Only
COOKSBURG ROAD
0644071P01
RTE 750
0.9 MI E RTE 750
0.9
RTE 644 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$157,500
$157,500
9/29/2021
90
Resurfacing
17005
Page 4 of 7
10.B.1.a
Packet Pg. 231 Attachment: SSYP Supervisors Report (1141 : VDOT Secondary Six-Year Improvement Plan FY2019 - FY2024)
District: Lynchburg
County: Pittsylvania County
Board Approval Date:2019-20 through 2023-24
Route Road Name Estimated Cost Traffic Count
PPMS ID Project #Scope of Work
Accomplishment Description FHWA #
Type of Funds FROM Comments
Type of Project TO
Priority #Length Ad Date
0605
-18117
STATE FORCES/HIRED
EQUIPMENT
0018.18
State forces/Hired equip
CN Only
TOSHES ROAD
0605071P01
RTE 40
RTE 799
1.1
RTE 605 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$192,500
$192,500
9/29/2021
80
Resurfacing
17005
0605
-18119
STATE FORCES/HIRED
EQUIPMENT
0019.19
State forces/Hired equip
CN Only
TOSHES ROAD
0605071P02
RTE 778
RTE 772
1.4
RTE 605 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$245,000
$245,000
9/29/2021
80
Resurfacing
17005
0707
-18121
STATE FORCES/HIRED
EQUIPMENT
0020.20
State forces/Hired equip
CN Only
COX'S STORE ROAD
0707071P01
RTE 640
RTE 706
1.1
RTE 707 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$192,500
$192,500
9/29/2021
60
Resurfacing
17005
0886
-18122
STATE FORCES/HIRED
EQUIPMENT
0021.21
State forces/Hired equip
CN Only
GANDY ROAD
0886071P01
RTE 687
RTE 649
1.4
RTE 886 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$245,000
$245,000
10/4/2022
90
Resurfacing
17005
0621
-18123
STATE FORCES/HIRED
EQUIPMENT
0022.22
State forces/Hired equip
CN Only
ED HARDY ROAD
0621071P01
RTE 875
RTE 862
1.7
RTE 621 - RURAL RUSTIC (SURFACE TREAT
NON-HARDSURFACE)
PE
RW
CN
Total
$0
$0
$298,609
$298,609
10/4/2022
50
Resurfacing
17005
0602
-20006
STATE FORCES/HIRED
EQUIPMENT
0023.23
State forces/Hired equip
CN Only
MOONS ROAD
0602071P01
0.56 MI S OF RTE 668
RTE 628
0.6
RTE 602 - RURAL RUSTIC (MOONS ROAD)
PE
RW
CN
Total
$0
$0
$147,000
$147,000
10/4/2023
50
Resurfacing
17005
Page 5 of 7
10.B.1.a
Packet Pg. 232 Attachment: SSYP Supervisors Report (1141 : VDOT Secondary Six-Year Improvement Plan FY2019 - FY2024)
District: Lynchburg
County: Pittsylvania County
Board Approval Date:2019-20 through 2023-24
Route Road Name Estimated Cost Traffic Count
PPMS ID Project #Scope of Work
Accomplishment Description FHWA #
Type of Funds FROM Comments
Type of Project TO
Priority #Length Ad Date
0669
-20009
STATE FORCES/HIRED
EQUIPMENT
0024.24
State forces/Hired equip
CN Only
MELON ROAD
0669071P01
RTE 603
HALIFAX COUNTY LINE
1.3
RTE 669 - RURAL RUSTIC (MELON ROAD)
PE
RW
CN
Total
$0
$0
$227,500
$227,500
10/4/2023
70
Resurfacing
_7005
0793
-20010
STATE FORCES/HIRED
EQUIPMENT
0025.25
State forces/Hired equip
CN Only
CHERRYSTONE LAKE ROAD
0793071P01
RTE 57
RTE 605
2.4
RTE 793 - RURAL RUSTIC (CHERRYSTONE
LAKE ROAD)
PE
RW
CN
Total
$0
$0
$370,157
$370,157
10/4/2023
130
Resurfacing
17005
0774
-21801
STATE FORCES/HIRED
EQUIPMENT
0026.26
State forces/Hired equip
CN Only
DARBY ROAD
0774071P01
RTE 40
RTE 605
2.4
RTE 774 - RURAL RUSTIC (SURFACE A NON-
HARDSURFACED ROAD)
PE
RW
CN
Total
$0
$0
$480,000
$480,000
60
Resurfacing
17005
0601
-21802
STATE FORCES/HIRED
EQUIPMENT
0027.27
State forces/Hired equip
CN Only
HUBBARD ROAD
0601071P01
RTE 601
1.4 MI N RTE 601
1.4
RTE 601 - RURAL RUSTIC (SURFACE A NON-
HARDSURFACED ROAD)
PE
RW
CN
Total
$0
$0
$280,000
$280,000
40
Resurfacing
17005
0638
-21803
STATE FORCES/HIRED
EQUIPMENT
0028.28
State forces/Hired equip
CN Only
ROARK MILL ROAD
0638071P01
RTE 641
0.65 MI W RTE 641
0.7
RTE 638 - RURAL RUSTIC (SURFACE A NON-
HARDSURFACED ROAD)
PE
RW
CN
Total
$0
$0
$130,000
$130,000
110
Resurfacing
17005
4008
100320
NOT APPLICABLE
S
9999.09
1204008
VARIOUS LOCATIONS IN COUNTY
VARIOUS LOCATIONS IN COUNTY
COUNTYWIDE RIGHT OF WAY ENGR.
PE
RW
CN
Total
$0
$0
$38,941
$38,941
1/30/2011
0
Right of Way
16016
USE WHEN IMPRACTICAL TO OPEN A
PROJECT: ATTORNEY FEES and
ACQUISITION COST.
Page 6 of 7
10.B.1.a
Packet Pg. 233 Attachment: SSYP Supervisors Report (1141 : VDOT Secondary Six-Year Improvement Plan FY2019 - FY2024)
District: Lynchburg
County: Pittsylvania County
Board Approval Date:2019-20 through 2023-24
Route Road Name Estimated Cost Traffic Count
PPMS ID Project #Scope of Work
Accomplishment Description FHWA #
Type of Funds FROM Comments
Type of Project TO
Priority #Length Ad Date
4007
99844
NOT APPLICABLE
S
9999.99
1204007
VARIOUS LOCATIONS IN COUNTY
VARIOUS LOCATIONS IN COUNTY
COUNTYWIDE TRAFFIC SERVICES
PE
RW
CN
Total
$0
$0
$575,799
$575,799
3/1/2011
0
Safety
16021
TRAFFIC SERVICES INCLUDE SECONDARY
SPEED ZONES, SPEED STUDIES, OTHER
NEW SECONDARY SIGNS
4005
100081
NOT APPLICABLE
S
9999.99
1204005
VARIOUS LOCATIONS IN COUNTY
VARIOUS LOCATIONS IN COUNTY
COUNTYWIDE ENGINEERING & SURVEY
PE
RW
CN
Total
$0
$0
$1,142,250
$1,142,250
3/1/2011
0
Preliminary Engineering
16015
MINOR SURVEY & PRELIMINARY
ENGINEERING FOR BUDGET ITEMS AND
INCIDENTAL TYPE WORK.
Page 7 of 7
10.B.1.a
Packet Pg. 234 Attachment: SSYP Supervisors Report (1141 : VDOT Secondary Six-Year Improvement Plan FY2019 - FY2024)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: Revisions to Chapter 9 (Vehicle License) of the
Pittsylvania County Code (Staff Contact: J. Vaden Hunt)
Staff Contact(s): J. Vaden Hunt
Agenda Date: May 15, 2018 Item Number: 10.B.2
Attachment(s): Public Hearing Notice
Revised PCC Chapter 9
Reviewed By:
SUMMARY:
Attached please find the following potential revisions, and reasons behind said revisions, to
Article II, Vehicle License, of Chapter 9 of the Pittsylvania County Code (“PCC”):
• Revisions to PCC §§ 9-48(A), 9-49(A), (C), and (D), and 9-55(A) allowing the Board of
Supervisors to annually set the various vehicle license fees via the County Budget
Resolution; and
• Revisions to PCC §§ 9-53, 9-54(A) and (B), and 9-55(A) and (B) updating said Sections
with the new June 20th vehicle license fee payment due date.
FINANCIAL IMPACT AND FUNDING SOURCE:
Financial impacts are annually determined by the Board of Supervisors in the County Budget
Resolution.
RECOMMENDATION:
County Staff recommends the Board of Supervisors, following the holding of the legally required
public hearing, adopt the revisions to Article II, Vehicle License, of Chapter 9 of the PCC as
presented.
MOTION:
“I make a Motion to adopt the revisions to Article II, Vehicle License, of Chapter 9 of the
Pittsylvania County Code as presented.”
10.B.2
Packet Pg. 235
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a public hearing at 7:00 p.m. on Tuesday,
May 15, 2018, in the Pittsylvania County General District Courtroom, Edwin R. Shields
Courthouse Addition, in Chatham, Virginia 24531, to receive citizen input on revisions to Article
II, Vehicle License, of Chapter 9 of the Pittsylvania County Code (“PCC”). Specifically, revisions
to PCC §§ 9-48(A), 9-49(A), (C), and (D), and 9-55(A) are proposed allowing the Pittsylvania
County Board of Supervisors to annually set the various vehicle license fees via the County Budget
Resolution, and revisions to PCC §§ 9-53, 9-54(A) and (B), and 9-55(A) and (B) are proposed
updating said Sections with the new June 20th vehicle license fee payment due date. A complete
text of the proposed change is available in the Office of the County Administrator, 1 Center Street,
Chatham, Virginia, Monday through Friday between the hours of 8:00 a. m. and 5:00 p. m, as well
as on the County’s website at www.pittsylvaniacountyva.gov.
10.B.2.a
Packet Pg. 236 Attachment: Public Hearing Notice (1145 : Public Hearing; Revisions to Chapter 9 (Vehicle License))
PITTSYLVANIA COUNTY CODE
CHAPTER 9
Article II.
Vehicle License.
Existing Sec. 9-46. through 9-57 repealed in its entirety and substituted with the following: (B.S.M.
10-2-06)
SEC. 9-46. VEHICLES REQUIRED TO BE LICENSED - SITUS; STUDENT OWNERS;
EXEMPTIONS.
A. Every person who shall own or lease a motor vehicle, trailer or semi-trailer normally garaged,
stored or parked in the County shall pay an annual County license fee for such vehicle, trailer or
semi-trailer as required herein.
B. Reserved.
C. The situs for the imposition of licensing fees under this article shall in all cases, except as
hereinafter provided, be the locality in which the motor vehicle, trailer, or semi-trailer is normally
garaged, stored, or parked. If it cannot be determined where the personal property is normally
garaged, stored, or parked, the situs shall be the domicile of its owner. In the event the owner of
the motor vehicle is a full-time student attending an institution of higher education, the situs shall
be the domicile of such student, provided the student has presented sufficient evidence that he has
paid a personal property tax on the motor vehicle in his domicile.
D. Reserved.
E. Reserved.
F. The license fee imposed by this section shall not apply to any vehicle personally owned or
leased, in whole or in part, by a member of the armed services of the United States on active duty.
For the purposes of this section “the armed services of the United States” includes active duty
service with the regular Armed Forces of the United States or the National Guard or other reserve
component.
G. Pittsylvania County shall not impose any license fee upon any daily rental vehicle, as defined
in VA. CODE ANN. Section 58.1-2401 (Repl. Vol. 2004), the rental of which is subject to the tax
imposed by VA. CODE ANN. Section 58.1-2402 A.4. (Cum. Supp. 2005).
For state law authority, see VA. CODE ANN. §46.2-752 A. and I. (Repl. Vol. 2005), and VA.
CODE ANN. §46.2-755 C. (Repl. Vol. 2005). But see also VA. CODE ANN. §§46.2-656, 46.2-
657, and 46.2-662 (Repl. Vol. 2005). See also VA. CODE ANN.§46.2- 221.4 (Repl. Vol. 2005).
SEC. 9-47. ASSESSMENT OF LICENSE FEE.
10.B.2.b
Packet Pg. 237 Attachment: Revised PCC Chapter 9 (1145 : Public Hearing; Revisions to Chapter 9 (Vehicle License))
A. There is hereby assessed to any person owning or leasing a motor vehicle, trailer or semi- trailer,
normally garaged, stored or parked in Pittsylvania County on January 1 of each year a Pittsylvania
County motor vehicle license fee.
B. Reserved.
C. The chief of each volunteer fire department and volunteer emergency rescue squad will prepare
and certify a list of active members and active auxiliary members or former members who served
at least ten (10) years in the County of his department or squad and who regularly respond or
responded to calls or perform or performed other duties for the department or squad and who reside
in the County outside the corporate limits of the Towns of Chatham, Gretna, and Hurt. The certified
list and affidavit by the chief will include the complete name of each individual, his residence
address and dates of service of active member, active auxiliary member, or former member who
served at least ten (10) years in the County to be certified for exemption. Each individual so
certified will complete the required application form which shall include the name of the
individual, his residence address, the department making the certification, vehicle identification
number and description of the vehicle owned or leased by such active member, active auxiliary or
former member who served at least ten (10) years, and which shall include an affidavit swearing
to its contents, submit it to his chief who will attach all individual applications to the certified
listing and submit to the Treasurer of the County by March 1 of each year. After reviewing and
comparing the certified listing, applications, and affidavits, with the Virginia Division of Motor
Vehicle records, and the personal property tax rolls, the Treasurer will issue an exemption
certificate to each certified member without charge except the Treasurer shall deny for the current
year the issuance of the vehicle license fee without charge to an otherwise qualified applicant who
has failed to pay any personal property taxes for any prior years due the County which is unpaid
by the March 1 due date of the application. No member of a volunteer rescue squad or volunteer
fire department shall be issued an exemption certificate for more than one (1) vehicle free of
charge. (B.S.M. 06-17-2014)
For state law authority, see VA. CODE ANN. Sections 46.2-752 A.4. and A.5. and A.11. (Repl.
Vol. 2005).
SEC. 9-48. AMOUNT OF FEE - PASSENGER MOTOR VEHICLES; TRUCKS;
MOTORCYCLES; TRANSITIONAL PROVISIONS FOR 2007 LICENSE YEAR ONLY.
A. On each and every passenger vehicle and truck there shall be an annual license fee set annually
by the Board of Supervisors via the County Budget Resolution. fee of thirty-eight dollars and
seventy-five cent ($38.75); and on each and every motorcycle, with or without a sidecar, a license
fee of twenty-six dollars and seventy-five cents ($26.75). (4-5-71, §3.) (3-21-89)( 4-6-09)
B. The amount of the license fee imposed by Pittsylvania County under this article shall not be
greater than the amount of the license fee imposed by the Commonwealth on said vehicle.
C. Transitional provisions effective for 2007 license year only. Notwithstanding the preceding
subsections, in order to adjust the amount of the vehicle license fee for the 2007 license year in
recognition of the transition from the former April 15, 2007 expiration date for decals to the new
10.B.2.b
Packet Pg. 238 Attachment: Revised PCC Chapter 9 (1145 : Public Hearing; Revisions to Chapter 9 (Vehicle License))
June 5, 2007 due date for vehicle license fees, the vehicle license fee for the 2007 license year only
is hereby reduced by thirty-three percent (33%) such that the fee shall be nineteen dollars and
seventy-five cents ($19.75) on each and every passenger vehicle and truck, and is hereby reduced
by a corresponding thirty-three percent (33%) on motorcycles and all other motor vehicles, trailers,
semi-trailers, etc., that are subject to the County license fee. This subsection shall automatically
expire on or before December 31, 2007 and all annual County vehicle license fees for the 2008
license year and thereafter shall be imposed at the full amounts specified in the preceding
subsections of this section and such fees shall be payable on or before June 5th of each year,
beginning June 5, 2007.
For state law authority, see VA. CODE ANN. Section 46.2-752 (Repl. Vol. 2005). For state fees,
see VA. CODE ANN. Section 46.2-694 (Repl. Vol. 2005), especially subdivisions 1 through 13
of A.
SEC. 9-49. SAME - OTHER MOTOR VEHICLES, TRAILERS, SEMI-TRAILERS, ETC.;
TRANSITIONAL PROVISIONS FOR 2007 LICENSE YEAR ONLY.
A. On each trailer or semi-trailer (i) not designed and used for the transportation of passengers on
the highways of the Commonwealth and (ii) having a registered gross weight of 80,001 pounds or
above, (iii) not exempt from taxation as otherwise herein provided, there shall be a license fee fee
annually set by the Board of Supervisors via the County Budget Resolution. of twenty-five dollars
and fifty cents ($25.50).
B. In the case of a combination of a truck or tractor truck and a trailer or semi-trailer, each vehicle
constituting a part of such combination shall be licensed as a separate vehicle and a separate fee
shall be assessed therefore.
C. On each and every motor vehicle, trailer, or semi-trailer upon which well-drilling machinery is
attached and which is permanently used solely for transporting such machinery, there shall be a
license fee set annually by the Board of Supervisors via the County Budget Resolution. of fifteen
($15.00) dollars.
D. On each and every motor vehicle, trailer, or semi-trailer owned and operated by a person, firm,
or corporation used or intended to be used for transporting persons to and from school, Sunday
school, or church or other place of divine worship, there shall be a license fee set annually of
thirty-eight dollars and seventy-five cents ($38.75) by the Board of Supervisors via the County
Budget Resolution.
E. Transitional provisions effective for 2007 license year only. Notwithstanding the preceding
subsections, in order to adjust the amount of the vehicle license fee for the 2007 license year in
recognition of the transition from the former April 15, 2007 expiration date for decals to the new
June 5, 2007 due date for vehicle license fees, the vehicle license fee for the 2007 license year only
is hereby reduced by thirty-three percent (33%) such that the fee shall be nineteen dollars and
seventy-five cents ($19.75) on each and every passenger vehicle and truck, and is hereby reduced
by a corresponding thirty-three percent (33%) on motorcycles and all other motor vehicles, trailers,
semi-trailers, etc. that are subject to the County license fee. This subsection shall automatically
10.B.2.b
Packet Pg. 239 Attachment: Revised PCC Chapter 9 (1145 : Public Hearing; Revisions to Chapter 9 (Vehicle License))
expire on or before December 31, 2007 and all annual County vehicle license fees for the 2008
license year and thereafter shall be imposed at the full amounts specified in the preceding
subsections of this section and such fees shall be payable on or before June 5th of each year,
beginning June 5, 2007.
For state law authority, see VA. CODE ANN. §46.2-752 (Repl. Vol. 2005). See also VA. CODE
ANN. §46.2-694 (Repl. Vol. 2005); VA. CODE ANN.§46.2-694.1 (Repl. Vol. 2005), and VA.
CODE ANN. §46.2-700 (Repl. Vol. 2005), and VA. CODE ANN. §46.2-701 (Repl. Vol. 2005).
Editor's note.--Former VA. CODE ANN. §46.2-699, which had provided for a state registration
fee of six dollars and fifty cents ($6.50) upon one-or two-wheeled trailers weighing no more than
fifteen hundred (1,500) pounds and designed to be pulled by a passenger car, pickup or panel truck,
was repealed in 1997. That section was superseded by VA. CODE ANN. §46.2-694.1 (Repl. Vol.
2005) which prescribes such fees for trailers and semi-trailers not designed and used for
transportation of passengers and sets fees according to weight category. Under such categories, a
trailer of 1,500 pounds or less would be subject to a state registration fee of ten ($10.00) dollars
per year, and a trailer of fifteen thousand five-hundred and one (1,501) pounds to four thousand
(4,000) pounds would be subject to a state registration fee of $20.50 per year. Pittsylvania County
is authorized to assess a County license fee equal to or lesser than the state fee. (B.S.M. 12-4-06)
(B.S.M. 04-06-09)
SEC. 9-50. SAME - EXEMPTIONS AND REDUCTIONS.
A. The provisions of this article shall not be construed as to impose a license fee upon any motor
vehicle, trailer or semi-trailer when:
1. A similar tax or license fee is imposed by another County, city or town wherein such
motor vehicle, trailer or semi-trailer is normally garaged, stored or parked;
2. The motor vehicle, trailer or semi-trailer is owned by a nonresident of Pittsylvania
County and is used exclusively for pleasure or personal transportation and not for hire or for the
conduct of any business or occupation other than that set forth in paragraph (3) of this subsection.
3. The motor vehicle, trailer or semi-trailer is owned by a nonresident and is used for
transporting into and within the County for sale in person or by his employees of wood, meats,
poultry, fruits, flowers, vegetables, milk, butter, cream or eggs produced or grown by him, and not
purchased by him for sale.
4. The motor vehicle, trailer or semi-trailer is owned by an officer or employee of the
Commonwealth of Virginia who is a nonresident of the County and who uses the vehicle in the
performance of his duties for the Commonwealth under an agreement for such use;
5. The motor vehicle, trailer or semi-trailer is kept by a dealer or manufacturer for sale or
for sales demonstration;
6. The motor vehicle, trailer or semi-trailer is operated by a common carrier of persons or
property operating between cities and towns in this Commonwealth and not in intra-city
10.B.2.b
Packet Pg. 240 Attachment: Revised PCC Chapter 9 (1145 : Public Hearing; Revisions to Chapter 9 (Vehicle License))
transportation or between cities and towns on the one hand and points and places without cities
and towns on the other and not in intra-city transportation;
7. Any vehicle that is exempt under provisions of state law.
B. No license fee shall be assessed by the County upon vehicles of owners who are residents of
any town located in the County when such vehicles are already subject to town license taxes.
C. Motor vehicles, trailers or semi-trailers owned by the Commonwealth, political subdivisions of
the Commonwealth, and regional jail authorities created pursuant to VA. CODE ANN. Section
53.1-95.2 et seq. (Repl. Vol. 2005) and used solely for governmental purposes in accordance with
the provisions of VA. CODE ANN. Section 46.2-750 (Repl. Vol. 2005) shall display license plates
or decalcomania inscribed either "Official State Use Only" or "Official Local Government Use
Only,” respectively, and shall be subject to a license fee equal to the cost incurred either by the
Commonwealth or by the County, respectively, in the purchase or manufacture of such
decalcomania, but which County fee shall, in no event, exceed the fee imposed by the State under
VA. CODE ANN. Section 46.2-750 A. (Repl. Vol. 2005); such licensing requirements shall be
subject to exceptions set forth in VA. CODE ANN. Section 46.2-750 (Repl. Vol. 2005) and VA.
CODE ANN. Section 46.2-750.1 (Repl. Vol. 2005).
D. The fire-fighting trucks, trailers or semi-trailers on which firefighting apparatus is permanently
attached, or other vehicles, when any such vehicle is owned or under exclusive control of a
chartered volunteer fire department in this County shall be exempt from payment of the license
fee imposed by this article, provided that such vehicles comply with all of the provisions of VA.
CODE ANN. Section 46.2-649.1:1 (Repl. Vol. 2005) and VA. CODE ANN. Section 46.2-752A
(Repl. Vol. 2005).
E. Ambulances or other vehicles owned or used exclusively by chartered volunteer fire
departments or volunteer lifesaving or first aid crews or rescue squads in the County, provided any
such vehicle is used exclusively as an ambulance or lifesaving and first aid vehicle and is not
rented, leased, or lent to any private individual, firm, or corporation, and no charge is made by the
organization for the use of the vehicle, shall be exempt from payment of the license fee imposed
by this article, provided that such vehicles comply with all of the provisions of VA. CODE ANN.
Section 46.2-649.1:1 (Repl. Vol. 2005) and VA. CODE ANN. Section 46.2-752A (Repl. Vol.
2005).
F. One (1) vehicle owned or leased and used personally in the performance of duties by each active
member of the volunteer fire departments and volunteer emergency rescue squads who lives in the
County outside of incorporated towns is exempt after proper certification as indicated in Sec. 9-47
of this Code.
G. Daily rental vehicles as defined in VA. CODE ANN. Section 58.1-2401 (Repl. Vol. 2004), the
rental of which are subject to the tax imposed by VA. CODE ANN. Section 58.1-2402 A 4 (Cum.
Supp. 2005), shall be exempt from the payment of the license fee levied and imposed by this
article.
10.B.2.b
Packet Pg. 241 Attachment: Revised PCC Chapter 9 (1145 : Public Hearing; Revisions to Chapter 9 (Vehicle License))
H. Passenger vehicles and pickup or panel trucks, as defined in VA. CODE ANN. Section 46.2-
100 (Repl. Vol. 2005), owned and used personally by a member of the National Guard who has
received special metal state license plates pursuant to VA. CODE ANN. Section 46.2-744 (Repl.
Vol. 2005), shall be partially exempt from the payment of the license fee levied and imposed by
this article to the extent of fifty percent (50%) of said fee, provided that such reduced County fee
shall not exceed the reduced State tax or fee imposed under VA. CODE ANN. Section 46.2-744
(Repl. Vol. 2005) and VA. CODE ANN. Section 46.2-694 (Repl. Vol. 2005). And Disabled
Veterans with special plates issued pursuant to Section 46.2-739 VA. CODE ANN.
For state law authority for individual subsections, see as follows: (a)(1)--VA. CODE ANN. §46.2-
752 H. (Repl. Vol. 2005) and VA. CODE ANN. §46.2-755 A.1. (Repl. Vol. 2005); (a)(2)--VA.
CODE ANN. §46.2-755 A.2. (Repl. Vol. 2005); (a)(3)--VA. CODE ANN. §46.2-755 A.3. (Repl.
Vol. 2005); (a)(4)--VA. CODE ANN. §46.2-755 A.4. (Repl. Vol. 2005); (a)(5)--VA. CODE ANN.
§46.2-755 A.5. (Repl. Vol. 2005); (a)(6)--VA. CODE ANN. §46.2-755 A.6. (Repl. Vol. 2005);
(a)(7)--VA. CODE ANN. § 46.2-752 A. (Repl. Vol. 2005) and VA. CODE ANN. §46.2-694 (Repl.
Vol. 2005); (b)--VA. CODE ANN. §46.2-752 A. (Repl. Vol. 2005); (c)--VA. CODE ANN. §46.2-
750 A. (Repl. Vol. 2005); (d) and (e)--VA. CODE ANN. §46.2-649.1:1 (Repl. Vol. 2002) and VA.
CODE ANN. §46.2-752 A. (Repl. Vol. 2005), but see also VA. CODE ANN. §46.2- 736 (Repl.
Vol. 2005) and VA. CODE ANN. § 46.2- 735 (Repl. Vol. 2005); (f)--VA. CODE ANN. §46.2-
752 A.4. and 5. (Repl. Vol. 2005); (g)--VA. CODE ANN. §46.2-755 C. (Repl. Vol. 2005); (h)--
VA. CODE ANN. § 46.2-744 (Repl. Vol. 2005).
SEC. 9-51. LICENSE FEES – DISPOSITION.
All fees collected pursuant to this article shall be deposited by the Treasurer in the general fund of
the County.
For state law authority, see VA. CODE ANN. Section 46.2-752 B. (Repl. Vol. 2005).
SEC. 9-52. PAYMENT OF PERSONAL PROPERTY TAXES PREREQUISITE.
A. No motor vehicle, trailer or semi-trailer shall be licensed by the Department of Motor Vehicles
until such applicant for such license has paid all personal property taxes and the license fee
assessed hereunder upon the motor vehicle, trailer or semi-trailer to be licensed and until the
Department of Motor Vehicles has been provided satisfactory evidence by the Treasurer of
Pittsylvania County that any delinquent motor vehicle, trailer or semi-trailer personal property
taxes, penalties, fees or interest, or license fees which have been properly assessed or are assessable
against the applicant by the County have been paid.
B. No motor vehicle license shall be issued by the Virginia Department of Motor Vehicles unless
the tangible personal property taxes properly assessed or assessable by the County on any tangible
personal property used or usable as a dwelling titled by the Virginia Department of Motor Vehicles
and owned by the taxpayer have been paid.
C. No motor vehicle license shall be issued by the Virginia Department of Motor Vehicles to an
owner of a motor vehicle as to which a fee is required to be paid pursuant to this article, qualified
under the provisions hereof to a waiver of that fee, until the applicant for such license or
10.B.2.b
Packet Pg. 242 Attachment: Revised PCC Chapter 9 (1145 : Public Hearing; Revisions to Chapter 9 (Vehicle License))
registration from the Department of Motor Vehicles has produced before the Pittsylvania County
treasurer, or his/her agent, satisfactory evidence that all personal property taxes upon the motor
vehicle licensed have been paid and satisfactory evidence that any delinquent personal property
taxes due with respect to the vehicle which have been properly assessed or are assessable against
the owner have been paid.
For state law authority, see VA. CODE ANN. Section 46.2-752 C. and A.12 (Repl. Vol. 2005).
Cross-reference.-For state law provisions regarding payment of taxes on leased property by lessee
and requirement that certain information re taxes to be furnished to lessee by lessor, see VA. CODE
ANN. Section 58.1-3516.2 (Repl. Vol. 2004). For provisions regarding proration of personal
property tax, see VA. CODE ANN. Section 58.1-3516 (Repl. Vol. 2004).
SEC. 9-53. LICENSE YEAR.
The license year with respect to which the fee required to be paid under this article is assessed
shall be January 1st through December 31st of each year. The fee assessed under this article shall
be assessed to the owner of each motor vehicle as provided in this article for motor vehicles owned
on January 1st of each year. The fee shall be payable on or before June 205th of each year and
with respect to any fees not paid at that time, there is hereby imposed a thirty ($30.00) dollars fee
to reimburse the County of Pittsylvania for costs associated with administration of the Vehicle
Registration Withholding Program with the Commonwealth of Virginia Department of Motor
Vehicles (DMV) if a DMV stop order has been issued prior to payment. The fee herein assessed
will be based upon ownership of vehicles on fee day, that is, January 1st of each year, and the
period for which the license fee is effective shall be January 1st through December 31st of the next
ensuing year. (B.S.M. 10-16- 12) (B.S.M. 5-20-14)
For state law authority, see § 58.1-3958, Code of Virginia, 1950, as amended.
SEC. 9-54. FAILURE TO PAY LICENSE FEE, PERSONAL PROPERTY TAX, ETC.;
PENALTY.
A. In the event that the license fee required by this article is not paid, or if any personal property
taxes, properly assessed against such vehicle, are not paid on or before June 20th 5 of each year,
with respect to each owner or co-owner of any motor vehicle as to which the license fee has not
been paid, or any personal property taxes have not been paid, the County Treasurer shall mail to
the owner/co-owner by first class mail a Notice of Intent to request the Commonwealth of Virginia
Department of Motor Vehicles under the Vehicle Registration Withholding Program to deny his
or her registration renewal with respect to the vehicle which is subject to the license fee or personal
property tax herein. In the event of payment of that vehicle license fee and/or delinquent personal
property taxes, the County Treasurer shall provide to the vehicle owner/co-owner an approved
numbered receipt that clearly indicates that the vehicle owner/co-owner has paid in full all
outstanding local vehicle fees and delinquent taxes to the locality, together with the penalty,
interests and administrative fee hereinabove set forth.
10.B.2.b
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B. It shall be unlawful for any owner of a motor vehicle, trailer or semi-trailer to fail to pay the
local license fee or personal property taxes assessed with respect to each motor vehicle, trailer or
semi-trailer after June 205th of each year.
C. A violation of this section shall constitute a Class 4 misdemeanor and shall be punished by a
fine of two hundred fifty ($250.00) dollars. D. A violation of this section by the registered owner
of the vehicle shall not be discharged by prepayment of a fine or by payment of a fine imposed by
the court except upon presentation of satisfactory evidence that the required license has been
obtained.
For state law authority, see VA. CODE ANN. Section 46.2-752 G (Repl. Vol. 2005). See also VA.
CODE ANN. Section 18.2-11 (Repl. Vol. 2004).
SEC. 9-55. UNLICENSED MOTOR VEHICLE FEE - PURPOSE; FEE IMPOSED;
AMOUNT; LICENSE YEAR; DUE DATE; TRANSITIONAL PROVISIONS FOR 2007
LICENSE YEAR.
A. Recognizing that unlicensed motor vehicles are more likely to be junk vehicles than are licensed
vehicles and that unlicensed motor vehicles are more likely to create safety, health, and aesthetic
problems than are licensed vehicles, the Pittsylvania County Board of Supervisors, pursuant to the
authority granted by VA. CODE ANN. Section 15.2-973 (Repl. Vol. 2003), does hereby impose
the same an annual license fee contained in Section 9-48 supra of thirty-eight dollars and seventy-five cents ($38.75) per motor vehicle on owners of motor
vehicles located in Pittsylvania County which do not display current State license plates and which
are not exempted from the requirements of displaying such license plates under the provisions of
Section 9-55 of this Code or as specified in VA. CODE ANN. Section 15.2-973 (Repl. Vol. 2003).
The license year with respect to which the fee required to be paid under this article is assessed
shall be January 1 through December 31st of each year. The fee assessed under this article shall
be assessed to the owner of each unlicensed motor vehicle as provided in this article for motor
vehicles owned on January 1st of each year. (B.S.M. 04-06-09)
B. The license fee imposed by this section shall be paid to the County Treasurer on or before June
205th of each calendar year.
C. Reserved.
D. It shall be presumed that the owner of the motor vehicle is the person on whose land the motor
vehicle is located unless otherwise shown and it shall be presumed that the motor vehicle has been
parked, kept or garaged primarily in Pittsylvania County since January 1st of the year of
enforcement unless otherwise shown.
E. Transitional provisions effective for 2007 license year only. Notwithstanding the preceding
subsections, in order to adjust the amount of the unlicensed motor vehicle fee for the 2007 license
year in recognition of the transition from the former April 15, 2007 expiration date for decals to
the new June 5, 2007 due date for the unlicensed motor vehicle fees, the unlicensed motor vehicle
fee for the 2007 license year only is hereby reduced by thirty-three percent (33%). This subsection
shall automatically expire on or before December 31, 2007 and the County unlicensed motor
vehicle fees for the 2008 license year and thereafter shall be imposed at the full amount of twenty-
10.B.2.b
Packet Pg. 244 Attachment: Revised PCC Chapter 9 (1145 : Public Hearing; Revisions to Chapter 9 (Vehicle License))
nine dollars and fifty cents ($29.50) as specified in the preceding subsections of this section and
such fees shall be payable on or before June 5th of each year, beginning June 5, 2007.
For state law authority, see VA. CODE ANN. Section 15.2-973 (Repl. Vol. 2003).
Editor's note.-- For case law establishing that the unlicensed motor vehicle tax or fee imposed by
this section shall apply to unlicensed motor vehicles as defined in Section 9-54 of this Code,
whether operable or inoperable, unless specifically exempted by the provisions of Section 9-55 of
this Code or unless otherwise licensed under other provisions of this chapter, see Duke v. County
of Pulaski, 219 Va. 428 (247 S.E.2d 824) (1978), which case is summarized in the editor's notes
following Section 9-56 of this Code.
SEC. 9-56. SAME – EXEMPTIONS.
A. The following classifications of motor vehicles shall be exempted from the unlicensed motor
vehicle fee imposed by Section 9-55 of this Code:
1. Vehicles exempted from the requirements of displaying current license plates under the
provisions of:
(i) VA. CODE ANN. Section 46.2-662 et seq. (Repl. Vol. 2005) (Article 6 of
Chapter 6 of Title 46.2); or
(ii) VA. CODE ANN. Section 46.2-1554 (Repl. Vol. 2005), regarding movement
of motor vehicles by manufacturer to place of shipment or delivery; or
(iii) VA. CODE ANN. Section 46.2-1555 (Repl. Vol. 2005), regarding movement
of motor vehicles by dealers to salesrooms, etc; or
2. Vehicles in a public dump; or
3. Vehicles in an automobile graveyard, as defined in Section15-48 of this Code and VA.
CODE ANN. Section 33.1-348 (Repl. Vol. 2005); or
4. Vehicles in the possession of a licensed junk dealer; or
5. Vehicles in the possession of a licensed motor vehicle dealer; or
6. Any vehicles which are stored on private property for a period not in excess of sixty (60)
days, for the purpose of removing parts for the repair of another vehicle; or
7. Any vehicles being held or stored by or at the direction of any governmental authority;
or
8. Any vehicles personally owned or leased, in whole or in part, by a member of the armed
services of the United States on active duty. For the purposes of this section “the armed services
of the United States” includes active duty service with the regular Armed Forces of the United
States or the National Guard or other reserve component; or
9. Any vehicles regularly stored within a structure; or
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10. Any vehicle that is exempted by state law from requirement to display a State license
plate.
B. While vehicles described in subsection (a) of this section shall be exempted from the unlicensed
motor vehicle fee imposed by Section 9-55 of this Code, these motor vehicles are not necessarily
exempt from the Pittsylvania County Zoning Ordinance (Chapter 35 of this Code), or any other
provision of this Code prohibiting or limiting the number of unlicensed or inoperative motor
vehicles in certain areas of the County.
For state law authority, see VA. CODE ANN. Section 15.2-973 (Repl. Vol. 2003).
Editor's notes. --VA. CODE ANN. Section 46.2-662 et seq. (Repl. Vol. 2005) pertains to licensing
exemptions for backhoes, certain vehicles used for spraying fruit trees and for other agricultural,
horticultural, or farm purposes, farm machinery and tractors, tractors and other vehicles used in
harvesting, sawmill, mining, quarrying, or commercial fishing operations, golf carts, self-propelled
wheelchairs, forklifts, snowmobiles, vehicles used for fire-fighting, lifesaving, first aid or rescue,
machinery used for highway purposes, traction engines, etc.
In Duke v. County of Pulaski, 219 Va. 428 (247 S.E.2d 824) (1978), the Supreme Court of Virginia
examined a similar ordinance, enacted pursuant to the authority of former VA. CODE ANN.
Section 15.1-27.1, now codified as VA. CODE ANN. Section 15.2-973 (Repl. Vol. 2003). While
the Court conceded that not all unlicensed vehicles are junk, it recognized that "unlicensed vehicles
are much more likely to be junk vehicles than are licensed vehicles. And unlicensed vehicles are
far more likely to create safety, health, and aesthetic problems than are licensed vehicles." (at p.
434). Thus, the Court found that the distinction drawn between licensed and unlicensed motor
vehicles is neither unreasonable nor arbitrary. The Court then examined the exemptions in that
ordinance. The exemptions were upheld as constitutional because the classifications created have
a rational basis and are reasonably related to the purpose of the ordinance. Furthermore, the fact
that "every possible exemption which could be justified is not provided for does not invalidate the
ordinance in its application to one occupying a non-exempt status". (at p. 437). Finally, the Court
held that Duke, the owner of four unlicensed vehicles, two of which were acknowledged to be
otherwise operable, was subject to the unlicensed motor vehicle tax imposed by that ordinance.
SEC. 9-57. PENALTY FOR VIOLATIONS.
A. It shall be unlawful for any owner or operator of a motor vehicle to fail to pay the license fee
required by this article.
B. A violation of this section shall constitute a Class 4 misdemeanor and, upon conviction, shall
be punished by a fine not exceeding two hundred and fifty ($250.00) dollars. In the case of a motor
vehicle registered to a resident of the locality where such vehicle is registered, local law-
enforcement officers may issue citations, summonses, parking tickets, or uniform traffic
summonses for violations.
C. A violation of this section by the registered owner of the vehicle shall not dischar ged by
payment of a fine imposed under subsection (b) hereof, except upon presentation of satisfactory
evidence that the required license fee has been paid.
10.B.2.b
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For state law authority, see VA. CODE ANN. §15.2- 973 (Repl. Vol. 2003) and §46.2-752G (Repl.
Vol. 2005). For penalty for misdemeanor, see §1-6 of this Code. See also VA. CODE ANN. §15.2-
1429 (Repl. Vol. 2003) and §18.2-11 (Repl. Vol. 2004).
SEC. 9-58. PARTIAL INVALIDITY.
If any section, phrase or part of this article, should for any reason, be held invalid by a court of
competent jurisdiction, such decision shall not affect the remainder of the article and every
remaining section, ordinance, clause, or part thereof shall continue in full force and effect.
SEC. 9-46 through 9-58. RESERVED (B.S.M. 10-2-06)
SEC. 9-59 – 9-85. RESERVED
10.B.2.b
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: Revisions to Chapter 17 (Solid Waste Disposal) of the
Pittsylvania County Code (Staff Contact: J. Vaden Hunt)
Staff Contact(s): J. Vaden Hunt
Agenda Date: May 15, 2018 Item Number: 10.B.3
Attachment(s): Public Hearing Notice - Solid Waste Disposal Fee
Revised PCC Chapter 17
Reviewed By:
SUMMARY:
Attached please find the following potential revisions to Chapter 17 (Solid Waste Disposal) of
the Pittsylvania County Code (“PCC”):
• Revisions o PCC §§ 17-4(C) and (E), and 17-5(B) allowing the Board of Supervisors to
annually set a variety of solid waste disposal-related fees;
• Revisions to PCC § 17-4(I) clarifying that County Landfill solid waste tonnage
limitations shall be dictated by the County’s Landfill permit; and
• Adding Article III, Solid Waste Disposal Fee.
FINANCIAL IMPACT AND FUNDING SOURCE:
Financial impacts are annually determined by the Board of Supervisors in the County Budget
Resolution.
RECOMMENDATION:
County Staff recommends the Board of Supervisors, following the holding of the legally required
public hearing, adopt the revisions to Chapter 17 of the PCC as presented.
MOTION:
“I make a Motion to adopt the revisions to Chapter 17 of the Pittsylvania County Code as
presented.”
10.B.3
Packet Pg. 248
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a public hearing at 7:00 p.m. on Tuesday,
May 15, 2018, in the Pittsylvania County General District Courtroom, Edwin R. Shields
Courthouse Addition, in Chatham, Virginia 24531, to receive citizen input on proposed revisions
to Chapter 17, Solid Waste Disposal, of the Pittsylvania County Code (“PCC”). Specifically, the
following changes to PCC Chapter 17 are proposed: revisions to PCC §§ 17-4(C) and (E), and
17-5(B) allowing the Board of Supervisors to annually set a variety of solid waste disposal-related
fees, revisions to PCC § 17-4(I) clarifying that County Landfill solid waste tonnage limitations
shall be dictated by the County’s Landfill permit, and adding Article III, Solid Waste Disposal
Fee. A complete text of the proposed change is available in the Office of the County
Administrator, 1 Center Street, Chatham, Virginia, Monday through Friday between the hours of
8:00 a. m. and 5:00 p. m, as well as on the County’s website at www.pittsylvaniacountyva.gov.
10.B.3.a
Packet Pg. 249 Attachment: Public Hearing Notice - Solid Waste Disposal Fee (1143 : Public Hearing: Revisions to Chapter 17 (Solid Waste Disposal) of the
PITTSYLVANIA COUNTY CODE
CHAPTER 17
SOLID WASTE DISPOSAL
Article I.
General Considerations
§ 17-1. Title and Purpose
§ 17-2. Definitions
Article II.
Containers, Storage, Collection, and Disposal of Solid Waste
§ 17- 3. Sanitary Refuse Containers
§ 17- 4. Pittsylvania County Landfill
§ 17- 5. Collection Licenses
§ 17- 6. Disposal of Solid Waste
§ 17- 7. Appeals
§ 17- 8. Penalties
§ 17- 9. User Limitation
§ 17-10. Severability
Article III.
Solid Waste Disposal Fee
§ 17-11. Title; Incorporation of State Code
§ 17-12. Solid Waste Disposal Fee; Fee Schedule; Use of Fee; Effective Date
§ 17-13. Payment of Solid Waste Disposal Fee
§ 17-14. Collection of Solid Waste Disposal Fee; Commission
§ 17-15. Due Date for Solid Waste Disposal Fee
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§ 17-16. Application of Solid Waste Disposal Fee to Towns in Count
§ 17-17. Late Payment Provisions, Lien
§ 17-18. Solid Waste Disposal Fee Exemptions
§ 17-19. Reserved
§ 17-20. Solid Waste Disposal Regulations; Scavenging; Ownership of Solid Waste
§ 17-21. Violations of Chapter
§ 17-22. Severability
10.B.3.b
Packet Pg. 251 Attachment: Revised PCC Chapter 17 (1143 : Public Hearing: Revisions to Chapter 17 (Solid Waste Disposal) of the PIttsylvania County Code)
CHAPTER 17
SOLID WASTE DISPOSAL
Article I.
General Considerations
SEC. 17-1. TITLE AND PURPOSE.
This Ordinance shall be known as the "Solid Waste Disposal Ordinance of Pittsylvania County."
The Board of Supervisors of Pittsylvania County, Virginia, acknowledges that landfill space is a
limited and valuable resource. To the end that this resource be best utilized to provide for the
health, safety and welfare of the citizens of Pittsylvania County. It is the desire of the Board of
Supervisors that this resource be used in such a manner as to provide for the disposal of only
acceptable waste, and to provide for an orderly method of the generation, storage, collection, and
disposal of solid waste, such that the environment is enhanced, and the health, safety, and welfare
of the citizens of Pittsylvania County is protected.
SEC. 17-2. DEFINITIONS.
A. “Person” shall include any person, persons, association, partnership, firm or corporation.
B. “Disposal” shall mean the disposition of solid waste.
C. “Solid Waste” shall mean all refuse except body wastes, and sludges, and shall include garbage
and rubbish.
D. “Garbage” shall mean all animal, vegetable, and mineral wastes resulting from the handling,
preparation, cooking or consumption of foods.
E. “Residents” shall mean those persons residing in Pittsylvania County, unless otherwise
designated herein.
F. “Sanitary Landfill” shall mean that site or those sites operated by and established by Pittsylvania
County and permitted by the Department of Environmental Quality of the Commonwealth of
Virginia for the disposal of solid waste.
G. “Industrial Waste” means all solid waste resulting from manufacturing and industrial processes
such as, but not limited to, those carried on in factories, processing plants, refineries, slaughter
houses, and mills.
H. “Words or Terms” words in the present tense shall include the future; words in the singular
shall include the plural and vice versa; the masculine shall include the feminine and the neuter, the
word “shall” mandatory and not discretionary, and reference to this ordinance includes all
ordinances amending or supplementing the same.
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I. “Commercial Hauler” shall mean any person, partnership, corporation, business firm, or
organized system in operation to make pickups of solid waste or garbage for disposal and charges
a fee or tax for the service, including such non-licensed services as maybe performed by town or
city departments or their employees. The term “Commercial Hauler” shall not mean any individual
Residential Hauler as that term is defined herein, or the Department of Public Works of Pittsylvania
County, Virginia. (B.S.M. 10/17/06)
J. “Household Solid Waste” shall mean solid waste generated solely by residential use, and shall
not include any industrial waste, agricultural waste, as defined in the Virginia Department of
Environmental Quality, Solid Waste Management Regulations, as amended, or hazardous waste
as defined herein. Carpet shall be deemed household solid waste if it is disposed of by the occupant
and/or owner of the residential dwelling. Residential construction and/or demolition waste, create
by and disposed of by the occupant and/or owner of his/her dwelling, shall be deemed household
solid waste. (B.S.M. 1/21/14)
K. “Individual Residential Hauler” shall mean a citizen who resides in Pittsylvania County,
Virginia, who hauls only household solid waste generated solely in the household in which that
individual resides and does not do so for profit. It shall be unlawful to place dead animals, manure,
brush, wood, tires or hazardous waste in any refuse container.
L. “Acceptable Waste” means non-hazardous “municipal solid waste,” “industrial waste,” and
“agricultural waste,” “construction waste,” “debris waste,” “demolition waste,” as defined in the
Virginia Department of Waste Management Solid Waste Management Regulations, amended, (the
“DWM Regulations”), and such other wastes as the County shall agree in writing to accept from
time to time, subject to such limitations and exclusions as are imposed by Applicable Law and
excluding all Unacceptable Wastes. (B.S.M. 10/17/06)
Article II.
Containers; Storage; Collection; and Disposal of Solid Waste
SEC. 17-3. SANITARY REFUSE CONTAINERS.
A. Sanitary refuse containers may be provided by the County Government for household solid
waste and only for the use of the individual Pittsylvania County residential hauler.
B. No person shall dispose of any waste in sanitary refuse containers provided by the County
Government except for the individual residential hauler as defined herein, and no person shall
deposit any waste other than household solid waste as defined herein into any sanitary refuse
container provided by the County Government. No commercial hauler shall dispose of solid waste
in any collection container served by the County's Solid Waste disposal trucks. (B.S.M. 8/18/98)
C. Commercial and industrial establishments may provide a suitable container and location for a
container which is to both be approved by the Director of Public Works if they choose to be
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serviced by the County's waste disposal trucks. The rates for service to private containers by the
County waste disposal trucks shall be:
Per 4 cubic yard container - $30.00 (thirty dollars)
Per 6 cubic yard container - $41.00 (forty-one dollars)
Per 8 cubic yard container - $52.00 (fifty-two dollars))
*Fees will be due in advance each month. Company owned or privately-owned apartment
developments or trailer courts will be treated as commercial accounts.
D. The County shall not be responsible for damages to privately owned containers that are emptied
by the Solid Waste Department and the owners of such containers shall save the County harmless
against any liability or claim of liability relative to such containers.
E. Public picnic and campgrounds and/or recreation areas will be considered a residential user
provided no fees are charged for the use of the facilities.
F. Owners of containers shall maintain adequate servicing area as determined by the Director of
Public Works and be responsible for keeping the service area in a clean and orderly fashion.
G. No material outside the containers will be accepted, and where such material exists, the
perpetrator will be in violation of the County Ordinance on Solid Waste Disposal, Section 17-6.
H. Containers located in trailer parks shall be placed at or near entrance.
I. It shall be unlawful for any person to remove any refuse or other substance from such refuse
container. It shall likewise be unlawful for any person to stand or climb on or place himself, or any
other person, within or on any such refuse container.
*The foregoing shall not apply to any County employee in the course of regular duties or to any
other person authorized by the County Administrator or County Official in charge of the Solid
Waste Program.
J. All garbage shall be drained free of liquids before being placed in the refuse containers.
K. All garbage shall be wrapped in paper or similar material or placed in plastic disposal bags
before being placed in the refuse container.
L. It shall be unlawful to place dead animals, manure, rubbish, tires or L. It shall be unlawful to
place dead animals, manure, rubbish, tires or hazardous waste in any refuse container. (B.S.M.
8/18/98)
M. It shall be unlawful to litter container sites or to place any solid waste outside the container.
N. Some of the container sites provided by the County Government also include sites for
compactor units. Compactor units are typified and defined as large, open sites for the disposal of
household solid waste, which includes a mechanical device for compacting solid waste.
Compactor sites may also include a large open top box for the disposal of household furniture and
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appliances generated solely by residential use in Pittsylvania County by an individual residential
hauler. Household furniture and appliances shall be accepted and disposed of only in the open top
boxes located at the compactor sites, and only those generated by the individual common
residential hauler. (B.S.M. 8/18/98)
O. It shall be unlawful to place solid waste in any street, alley, and stream, body of water, woods,
or any other public place or upon private property. It shall be unlawful for the owner or the
occupant of any real property to allow solid waste to remain upon the property more than thirty
(30) days after the owner or occupant knew or reasonably should have known of the presence of
the solid waste. (B.S.M. 10/17/06)
1.) There shall be a rebuttable presumption that the owner and/or the occupant of real
estate has placed solid waste or has allowed solid waste to remain on the property in
violation of this Ordinance if solid waste remains on the property and visible from either a
public right-of-way, road, or adjoining property for thirty (30) days or longer. (B.S.M.
10/17/06)
2.) The owners of property therein shall, at such time or times as the Board of Supervisors
may prescribe, remove therefrom any and all trash, garbage, refuse, litter and other like
substances which might endanger the health or safety of other residents of the County. The
County may, whenever the Board of Supervisors deems it necessary, after reasonable
notice, have such trash, garbage, refuse, litter, and other like substances which might
endanger the health of other residents of the County, removed by its own agents or
employees, in which event the cost or expenses thereof shall be chargeable to and paid by
the owners of such property and may be collected by the County as taxes are collected.
(B.S.M. 5/16/06)
3.) Trash, garbage, refuse, litter and other debris shall be disposed of in personally owned
or privately-owned receptacles that are provided for such use and for the use of the persons
disposing of such matter or in authorized facilities provided for such purpose and in no
other manner not authorized by law. (B.S.M. 5/16/06)
SEC. 17-4. PITTSYLVANIA COUNTY LANDFILL.
A. The Pittsylvania County Landfill shall be operated, as an Enterprise Fund wherein all solid
waste received at the Pittsylvania County Landfill must be billed at the current approved tipping
fee in accordance with Section 17-4(C). Revenues to the Enterprise Fund shall be derived from
the County's consumer utility tax and the tipping fees.
B. No commercial hauler shall be permitted to dispose of solid waste in the Pittsylvania County
Landfill without having first entered into a written contract for such disposal with the Board of
Supervisors of Pittsylvania County, Virginia, acting through its duly authorized County
Administrator or his designee.
C. The fee for disposal of acceptable solid waste at the County Landfill shall be set annually by
the Board of Supervisors. The fee for disposal of acceptable solid waste at the County Landfill
shall be an amount not to exceed sixty ($60.00) dollars per ton. This fee may be set lower by act
10.B.3.b
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of the Board of Supervisors, or pursuant to contract as provided for in Section 17-4(A), along with
any other restrictions contained therein, or by posting said fee at the landfill for individual
residential haulers.
D. Incorporated Towns of Pittsylvania County will be charged a disposal in accordance with
Sections 17-4(A) and (C) provided the County does not collect a utility tax within the incorporated
Town limits. (B.S.M. 6/20/00)
E. Shredded or split tTires may be disposed of at the County Landfill at a rate set annually by the
Board of Supervisors. at a rate of' forty ($40.00) dollars per ton at the Pittsylvania County Landfill,
but only if they are split or shredded. Unsplit or unshredded tires will not be accepted.
F. Hazardous chemicals, liquid waste, hazardous waste, highly combustible waste, sludge, and
other semi-solid fluids shall not be accepted at the Pittsylvania County Sanitary Landfill except by
prior approval by the Board of Supervisors and shall be disposed of only as approved by the
Department of Environmental quality of the Commonwealth of Virginia. To this end, all waste
presented for disposal at the landfill may be inspected prior to disposal. All waste presented for
disposal shall be presented in such a manner as to allow for easy inspection. In the event that
unacceptable waste is detected or suspected, the County Administrator, Assistant County
Administrator, Director of Public Works, or head of operations at the landfill, or any designee
thereof, shall refuse to accept such waste for disposal, until such waste is determined to be
acceptable waste by analysis from the Department of Environmental Quality or its designee.
G. It shall be unlawful for any person to enter the area of the Pittsylvania County Sanitary Landfill
in which solid waste is deposited and remains uncovered and not buried who is not authorized by
the Director of Public Works, or the head of operations at the landfill, or any designee thereof. It
shall likewise be unlawful for any person to remove, disturb, or search in the solid waste or engage
in the practice of sorting through or scavenging in or about the solid waste deposited at the
Pittsylvania County Sanitary Landfill. The foregoing shall not apply to any County employee in
the regular course of his duties or any other person authorized by the County Administrator or
County official in charge of the Solid Waste program.
H. Regulations governing the Landfill shall be posted at the Landfill gate. The County
Administrator or other designee of the Board of Supervisors shall arrange special hours of
operations on Saturdays and holidays, as the need arises, and such special open hours shall be
reported to the public through the news media.
I. Solid waste tonnage accepted at the County Landfill shall be determined by the County’s
Landfill permit. The Pittsylvania County Landfill shall not accept for disposal any more than one
thousand thirty-five (1035) tons of solid waste per week.
The Pittsylvania County Landfill shall not accept for disposal any more than the following daily
tonnage of solid waste: On Mondays, the landfill should not accept any more than a total of one
hundred and eighty (180) tons of solid waste and shall not accept more than fifty-five (55) tons of
solid waste from commercial haulers. On Tuesdays, the landfill shall not accept any more than a
total of one hundred and eighty (180) tons of solid waste and shall not accept more than thirty-five
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(35) tons of solid waste from commercial haulers. On Wednesday, the landfill shall not accept
any more than a total of one hundred and twenty-five (125) tons of solid waste and shall not accept
more than forty-five (45) tons of solid waste from commercial haulers. On Thursdays, the landfill
shall not accept any more than a total of one hundred and sixty (160) tons of solid waste and shall
not accept more than forty-five (45) tons of solid waste from commercial haulers. On Fridays, the
landfill shall not accept any more than one hundred and sixty (160) tons of solid waste and shall
not accept more than thirty-five (35) tons from commercial haulers. On Saturdays, the landfill
shall not accept any more than 60 tons of solid waste and shall not accept more than a total of
twenty (20) tons of solid waste from commercial haulers. Special handling trenches are exempt
from tonnage limitations.
Any presentation for disposal at the landfill of acceptable solid waste by any hauler under contract
with an incorporated town within Pittsylvania County, who is hauling only household solid waste
generated solely in households within said incorporated towns, shall not be considered as accepted
from commercial haulers for purposes of the daily limitations on tonnage from commercial
haulers.
No more than two hundred and fifty (250) tons of solid waste shall be accept ed on the first working
day following Christmas and New Year’s Day.
J. Subject to all conditions contained inappropriate in the State and Federal permits, an oil
recycling program for the citizens and commercial businesses of Pittsylvania County shall be
operated at the Pittsylvania County Landfill. The landfill operation manager, or his designated
assignee, in his sole discretion may reject or deny acceptance of any oil, for any of the following
reasons:
• Inability to inspect oil
• Suspicion of contamination
• Failure to submit documentation of origin
• Proof of residency. Failure to provide proof of residency
• Unavailable storage capacity at the landfill.
• Any and all requirements placed on the County by the Department of Environmental
Quality, United States Environmental Protection Agency, or any other regulatory agency
with jurisdiction in the Commonwealth of Virginia. No oil shall be accepted from a
commercial hauler. (B.S.M. 8/18/98)
SEC. 17-5. COLLECTION LICENSES.
A. No commercial hauler shall collect, remove, haul or convey any solid waste through or upon
any of the streets or alleys of the County of Pittsylvania or dispose of the same in any manner or
place without obtaining approval from the governing body and a license from the Commissioner
of Revenue of said County.
B. The license fee for such vehicle shall be annually set by the Board of Supervisors.The fee for
such license shall be fifty ($50.00) dollars per vehicle per year. All licenses shall be issued for the
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calendar year, or such portion thereof as shall remain after the issuance thereof. There shall be no
reduction in the fee for a license issued after the beginning of any calendar year.
C. Every person or firm who shall apply for a license under this section shall state the type or
types of refuse to be collected, the manner of collections, and the place and method of disposal,
and shall maintain minimum liability coverage on each vehicle used for such collection as
mandated by the Commonwealth of Virginia.
D. No license shall be granted if the place and method of disposal shall not conform to the
requirements of this ordinance, or to the ordinance of any municipal or quasi-municipal
corporation, wherein disposal of refuse is to be made.
E. No licensed collector or commercial hauler shall make any change in the arrangements for
disposal or refuse collection by him without first receiving the approval of the governing body.
F. It shall be unlawful to permit an unlicensed collector or unlicensed commercial hauler to collect
or remove refuse from a household, institution, or commercial enterprise located in Pittsylvania
County, Virginia.
SEC. 17-6. DISPOSAL OF SOLID WASTE.
A. It shall be unlawful for commercial haulers to dump, burn, destroy, or otherwise dispose of
solid waste within the jurisdictional limits of the County of Pittsylvania, except at those sites so
approved by the County and permitted by the Department of Environmental Quality of the
Commonwealth of Virginia.
B. It shall be unlawful for any person to place solid waste in any street, alley, stream, body of
water, woods, field, highway, ditch, or any other public place or upon private property except as
provided for in this ordinance. It shall be unlawful for the owner or the occupant of any real
property to allow solid waste to remain upon the property more than thirty (30) days after the
owner or occupant knew or reasonably should have known of the presence of the solid waste.
There shall be a rebuttable presumption that the owner and/or occupant of real estate has placed
solid waste or has allowed solid waste to remain on the property in violation of this Ordinance if
solid waste remains on the property and visible from either a public right-of-way, road, or
adjoining property for thirty (30) days or longer. (B.S.M. 10/17/06)
C. It shall be unlawful for licensed collectors or commercial haulers to dump, bury, burn, destroy,
or otherwise dispose of sludge within the jurisdictional limits of the County of Pittsylvania, except
with the expressed written permission of the Board of Supervisors of Pittsylvania County, acting
by and through its County Administrator.
SEC. 17-7. APPEALS.
Appeals from decisions of the County Administrator or other designee of the Board of Supervisors
in matters referred to above in this Ordinance may be appealed to the Board of Supervisors if such
is submitted in writing; delivered in person or by mail, within ten (10) days to the County
Administrator, and the decision of said Board as to such appeals duly noted shall be final.
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SEC. 17-8. PENALTIES.
A. Any Owner of real property located in Pittsylvania County who, after reasonable notice, fails
to remove from said real property any and all trash, garbage, refuse, litter, and other substances
which might endanger the health and safety of other residents of Pittsylvania County shall be
subject to the penalty as provided for in Section 15.2-901(C), Code of Virginia, 1950, as amended.
B. It shall be unlawful for any person to dump or otherwise dispose of trash, garbage, refuse, litter,
or other unsightly matter, on public property, including a public highway, right-of-way, property
adjacent to such highway or right-of-way, or on private property without the written consent of the
Owner thereof or his Agent. Any violation of this ordinance shall be punished as provided for in
Section 33.1-346(A), Code of Virginia, as amended. (B.S.M. 6/02/08)
SEC. 17-9. USER LIMITATION.
No solid waste shall be accepted at the Pittsylvania County Landfill unless that solid waste
originated within the County of Pittsylvania or one (1) of the incorporated Towns therein, without
the prior written agreement of the Board of Supervisors of Pittsylvania County, Virginia, through
its County Administrator.
SEC. 17-10. SEVERABILITY.
If any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared
unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent
jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, and sections of this Ordinance.
Authority: Section 15.2-928, Code of Virginia, 1950, as amended; for penalty provisions see
Section 15.2-1429, Code of Virginia, 1950, as amended.
This amended ordinance was adopted by the Board of Supervisors on October 21, 1997.
(B.S.M. 8/18/98); (B.S.M. 6/20/00); (B.S.M. 5/16/06); (B.S.M. 6/02/08); (B.S.M. 10/17/06);
(B.S.M. 1/21/14); (B.S.M. 10/05/15)
Article III.
Solid Waste Disposal Fee
SEC. 17-11. TITLE; INCORPORATION OF STATE CODE.
This Ordinance/Article shall be known as the “Solid Waste Disposal Fee Ordinance” of the County
of Pittsylvania, Virginia. The terms and provisions of § 15.2-2159 of the Code of Virginia, 1950,
as amended, are adopted and incorporated herein by express reference and deemed a part of this
Ordinance/Article.
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SEC. 17-12. SOLID WASTE DISPOSAL FEE; FEE SCHEDULE; USE OF FEE;
EFFECTIVE DATE.
Pursuant to the provisions of and authority contained in § 15.2-2159 of the Code of Virginia, 1950,
as amended, the Pittsylvania County Board of Supervisors does hereby establish a Solid Waste
Disposal Fee. A Solid Waste Disposal Fee Schedule shall be adopted annually by the Board of
Supervisors via the Budget Resolution. Said fee shall be effective immediately upon adoption by
the Board of Supervisors, and not exceed the actual cost incurred by Pittsylvania County (the
“County”) in procuring, developing, maintaining, and improving its Landfill and for such reserves
as may be necessary for capping and closing such Landfill in the future. The Solid Waste Disposal
Fee shall also be able to be used to purchase or subsidize the purchase of equipment used for the
collection of residential solid waste disposed of at the County’s landfill. Such fee shall be
deposited in a special account to be expended only for the purposes for which it was levied.
SEC. 17-13. PAYMENT OF SOLID WASTE DISPOSAL FEE.
Unless specifically exempted in this Ordinance/Article, every person owning or operating any
house, apartment, rental house, rental residential unit, multiple residential units, trailer camp, or
trailer court (“households”) in the County or the Towns contained in the County shall pay said
Solid Waste Disposal Fee based on said Solid Waste Disposal Fee Schedule. Said fee shall be
assessed, individually, to/for each rental unit/residence, rental and/or non-rental.
SEC. 17-14. COLLECTION OF SOLID WASTE DISPOSAL FEE; COMMISSION.
The County may either collect the fee itself or enter into a contractual agreement to be negotiated
by the County Administrator, or his/her designee, with a public service corporation as set forth and
authorized in § 15.2-2159 of the Code of Virginia, 1950, as amended, for the collection of the fee.
The commission for such collection service shall not exceed five percent (5%) of the amount of
the fees due and collected.
SEC. 17-15. DUE DATE FOR SOLID WASTE DISPOSAL FEE.
Unless collected by a public service corporation pursuant to § 17-14 supra, an invoice for said fee
shall be included in the December tax assessment mailing. Payment of said fee shall be made to
the Pittsylvania County Treasurer’s Office. Unless exempted by § 17-15 infra, households
assessed the Solid Waste Disposal Fee shall be required to pay the entirety of the fee annually in
December. The Solid Waste Disposal Fee shall be due and owing each year, no later than the
twenty (20h) day of December of each year. Unless exempted by § 17-15 infra, payment for the
full amount of the annual Solid Waste Disposal Fee shall be the responsibility of the owner of
record of the household as of January 1st of the assessed property for the corresponding year. There
shall be no proration of the Solid Waste Disposal Fee.
10.B.3.b
Packet Pg. 260 Attachment: Revised PCC Chapter 17 (1143 : Public Hearing: Revisions to Chapter 17 (Solid Waste Disposal) of the PIttsylvania County Code)
SEC. 17-16. APPLICATION OF SOLID WASTE DISPOSAL FEE TO TOWNS IN
COUNTY.
Households located in the Towns of Hurt, Gretna, and Chatham shall also be assessed the Solid
Waste Disposal Fee in accordance with the provisions of this Article.
SEC. 17-17. LATE PAYMENT PROVISIONS; LIEN.
A. If payment of the fee is not made, then a notice of delinquency will be mailed to each
property owner(s) not having paid the fee, advising that collection proceedings will begin
in thirty (30) days. Supplemental assessments may be issued after the due dates and such
assessments will be due thirty (30) days after mailing.
B. Any person, owner, or household who fails to make payment of such fee or fails to make
payment of such fee by the date in § 17-15 herein shall be required to pay penalty on said
fee as set forth in § 58.1-3916 of the Code of Virginia, 1950, as amended.
C. Any person, owner, or household who fails to make payment of such fee or fails to make
payment of such fee by the date in § 17-15 herein shall be required to pay interest on said
unpaid fee as set forth in § 58.1-3916 of the Code of Virginia, 1950, as amended.
D. Any payment of the Solid Waste Disposal Fee shall be credited first against the most
delinquent Solid Waste Disposal Fee account due and owing.
E. Payment of all due and owing Solid Waste fees, penalties, and accrued interest shall be
required prior to approval of an application for rezoning, special exception, variance, or
other land use permit.
F. To the extent allowed by Virginia law, failure to pay the Solid Waste Disposal Fee can
result, after due process, in the placement of a lien on the property in question in favor of
the County.
SEC. 17-18. SOLID WASTE DISPOSAL FEE EXEMPTIONS.
The following are the only exemptions from payment of the Solid Waste Disposal Fee:
A. Partial Exemption for Qualified Elderly or Disabled Persons: As authorized by § 15.2-
2159(D)(6) of the Code of Virginia, 1950, as amended, there is a partial exemption of fifty
percent (50%) from this Solid Waste Disposal Fee for households of the elderly and/or
disabled who qualify for such exemptions. Said exemption shall be governed by the
conditions and income criteria as set forth in § 6-6 of the Pittsylvania County Code, as
amended. Any and all information of or related to income or disability, and verification of
same, shall be provided upon application for said exemption in accordance with the policy
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and procedures set forth by the Pittsylvania County Board of Supervisors and/or the
Pittsylvania County Commissioner of the Revenue’s Office.
B. Waste Not Disposed of in County’s Landfill Exemption: As authorized by § 15.2-2159(A)
of the Code of Virginia, 1950, as amended, no Solid Waste Disposal Fee shall be levied
upon persons whose residential waste is not disposed of in the County’s landfill, provided
said non-disposal is documented, to the reasonable satisfaction of the Commissioner of
Revenue’s Office, by the collector or generator of such waste. Documentation provided
by a collector of such waste pursuant to this exception shall not be disclosed by the County
to any other person. Current local, state, and federal regulations prohibit the burning and/or
burial of residential waste on private property without adequate and appropriate permitting.
C. Uninhabitable Dwelling: Unless exempted by Sections 17-18(A) or (B) above, any
household that is inhabitable as of January 1st of each year shall be assessed the Solid
Waste Disposal Fee. Any house that is uninhabitable as of January 1st of each year, as
determined by an inspection conducted by the County’s Building Official, or his/her
designee, shall be exempt from payment of the Solid Waste Disposal Fee, until and unless
said household becomes inhabitable. The County shall have the ability to charge a fee for
any inspection required under this Section. Said inspection fee shall be set annually by the
Board of Supervisors.
SEC. 17-19. RESERVED
SEC. 17-20. SOLID WASTE DISPOSAL REGULATIONS; SCAVENGING; OWNERSHIP
OF SOLID WASTE.
It shall be unlawful to dump, destroy, or otherwise dispose of solid waste within the jurisdictional
limits of the County, except at approved and designated solid waste convenience centers, subject
to the following limitations and conditions:
A. Only household trash, residential waste, and compactable refuse shall be deposited at solid
waste convenience centers.
B. No business, industrial, construction, demolition, medical, automotive, yard, landscaping,
or commercial waste shall be deposited at solid waste convenience centers.
C. No solid waste shall be deposited at a solid waste convenience center by non-County
residents, except as provided or by local, state, or federal anti-littering programs.
D. Unless subject to a special contract approved by the Pittsylvania County Board of
Supervisors, no solid waste generated or originating from outside of the County shall be
deposited in the Landfill.
E. The following items shall also not be deposited at solid waste convenience centers:
(1) Explosives, gasoline, kerosene, and waste oil.
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(2) Furniture or other bulky residential household solid waste items that will not fit into
a compactor chamber. Said items may be place only in an open top box. Said items
shall not be disposed of at green box sites.
(3) Dead animals.
(4) Materials which constitute a hazard to personnel handling solid waste or to the
public.
F. It shall be unlawful to scavenge or attempt to salvage materials from waste delivered to or
deposited at a solid waste convenience center site or the Landfill.
G Upon delivery of solid waste to an approved solid waste convenience center or the Landfill,
all rights of ownership and exclusive possession to lawfully deposited solid waste shall
vest in Pittsylvania County.
SEC. 17-21. VIOLATIONS OF CHAPTER.
A violation of the provisions of this Ordinance/Article shall constitute a Class 3 Misdemeanor.
Each day’s continuance of a violation of this Ordinance/Article is considered to be a separate
offense.
SEC. 17-22. SEVERABILITY.
Should any section or provision of this Ordinance/Article be declared by a court of competent
jurisdiction to be invalid, that decision shall not affect the validity of the Ordinance/Article as a
whole or any part thereof, other than the part so declared to be invalid.
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: Revisions to Chapter 25 (Procurement Policy) of the
Pittsylvania County Code (Staff Contact: J. Vaden Hunt)
Staff Contact(s): J. Vaden Hunt
Agenda Date: May 15, 2018 Item Number: 10.B.4
Attachment(s):
Public Hearing Notice - Procurement Federal Grants
Revised PCC Chapter 25
New Procurement Standards for Federal Grant Awards
Reviewed By:
SUMMARY:
Attached please find potential revisions to Chapter 25, Procurement Policy, of the Pittsylvania
County Code, brought to the County’s attention recently by its Auditor. Said revisions, which
are legally required to be adopted, detail new standards for conducting procurement
transactions/contracts that are federally funded through direct federal aid, federal pass-through
aid, state categorical aid, and/or other grant sources.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board of Supervisors, following the holding of the legally required
public hearing, adopt the revisions to Chapter 25 (Procurement Policy) of the Pittsylvania
County Code as presented.
MOTION:
“I make a Motion to adopt the revisions to Chapter 25 (Procurement Policy) of the Pittsylvania
County Code as presented.”
10.B.4
Packet Pg. 264
PUBLIC HEARING NOTICE
The Board of Supervisors of Pittsylvania County, Virginia, will hold a public hearing on Tuesday,
May 15, 2018, at 7:00 p.m., in the General District Courtroom of the Edwin R. Shields Courtroom
Addition in Chatham, Virginia, 24531, to receive citizen input on a proposed amendment to
Pittsylvania County Code, Chapter 25, Procurement Policy, inserting VI.B(2)(E), a new section
adopting Procurement Standards for Federal Grant Awards as required by Federal Law and the
County’s financial auditor. A full text of the proposed PCC amendment is available in the Office
of the County Administrator, Captain Martin Building, 1 Center Street, Chatham, Virginia, 24531,
on Monday through Friday, from 8:00 a.m. to 5:00 p.m. and on the County’s website
(https://pittsylvaniacountyva.gov).
10.B.4.a
Packet Pg. 265 Attachment: Public Hearing Notice - Procurement Federal Grants (1134 : Revisions to Chapter 25 (Procurement Policy) of the Pittsylvania
PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
PROCUREMENT POLICY
APPROVED BY THE PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS:
May 20, 2014
SUPERCEDES CHAPTER 25 – PITTSYLVANIA COUNTY CODE
CENTRALIZED PURCHASING – ADOPTED BY THE PITTSYLVANIA COUNTY BOARD OF
SUPERVISORS: DECEMBER 6, 1982
10.B.4.b
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PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
PROCUREMENT POLICY
I.INTRODUCTION:
This policy sets forth the legal authority and responsibility for the purchasing process.
II. PURPOSE:
The purpose of this policy is to ensure that:
(a)The “County” obtains high quality goods and services at reasonable costs;
(b)All procurement procedures are conducted in a fair and impartial manner without impropriety or appearance of impropriety;
(c)All qualified vendors are given access to County business;
(d)No offeror is arbitrarily or capriciously excluded;
(e)Competition is maximized and specifications reflect the procurement needs of the County rather than being drafted to favor a particular vendor;
(f)The rules governing procurement are made clear in advance of the competition; and
(g)The County and vendors freely exchange information concerning what is sought to be procured and what is offered.
Public purchasing has a responsibility to the general public to ensure that procurements are
accomplished in accordance with the intent of the laws enacted by the appropriate
legislative body. The intent of the Virginia General Assembly is set forth in the Virginia
Public Procurement Act (Code of Virginia, §2.2-4300 et seq., 1950, as amended). The County
intends, through this policy, to assure the best quality and price for products and services; to
protect the assets and funds of the County; and to maintain above-board relations with all
suppliers within the Procurement Laws and Business Ethics as dictated by federal, state, and
county governments. Therefore, the following Policy for purchasing is hereby adopted by the
Pittsylvania County Board of Supervisors on May 20, 2014 and shall take effect immediately.
III.GENERAL PROVISIONS:
A.Application.
This Policy applies to all contracts for goods, services, insurance and construction entered
into by the County. This Policy is established by official action of the Pittsylvania County
Board of Supervisors. All provisions of this Policy are in conformance with Chapter 43,
§2.2-4300 et seq. of the Virginia Code, 1950, as amended.
When the procurement involves the expenditure of state or federal assistance or contract funds,
the procurement shall be conducted in accordance with any applicable mandatory federal
laws and regulations which are not reflected in this Policy.
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When this Policy does not specifically address a procurement issue, the issue may be
resolved in accordance with the applicable section of the Commonwealth of Virginia’s law
and current policy.
B.Effective Date.
Contracts entered into prior to passage of this Policy shall continue to be governed by the
purchasing ordinance and regulations of the County and Commonwealth of Virginia in
effect at the time those contracts were executed.
C.Severability.
If any provision of this Policy or any application thereof is held invalid, such invalidity shall
not affect other provisions or applications of this Policy which can be given effect without
the invalid provision or application, and to this end the provisions of this Policy are
declared to be severable.
D.Definitions.
1.Brand Name Specification. A specification by manufacturers' names and catalog
numbers.
2.Brand Name or Equal Specification. A brand name specification to describe the
standard of quality, performance, and other characteristics needed to meet the County’s
requirements and which provides for the submission of equivalent products.
3.Capital Asset.Land, improvements to land, easements, buildings, building
improvements, machinery, equipment, works of art and historical treasures,
infrastructure, and all other tangible or intangible assets that are used in operations
and that have initial useful lives extending beyond one year.
4.Capital Improvement Projects. Acquisitions or construction of major equipment or
facilities with a useful life of 10 or more years.
5.Confidential Information. Any information which is available to an employee only
because of the employee's status as an employee of the County and which is not a matter
of public knowledge or available to the public on request.
6.Construction. Building, altering, repairing, improving or demolishing any structure,
building, and any draining, dredging, excavation, grading, or similar work upon real
property.
7.Goods. All material, equipment, supplies, printing and automated data processing
hardware and software.
8.Governing Body. Pittsylvania County Board of Supervisors.
9.Informality. A minor defect or variation of a bid or proposal from the exact
requirements of the Invitation to Bid, or the Request for Proposal, which does not affect
the price, quality, or delivery schedule for the goods, services or construction being
procured.
10.Invitation for Bid. All documents, whether attached or incorporated by reference, used
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for solicitation of competitive sealed bids. Also referred to as “IFB.”
11.Nonprofessional Services. Any services not specifically identified as professional
services within this policy, or by the Virginia Public Procurement Act, as amended.
12.Professional Services. Work performed by an independent contractor within the scope of
the practice of accounting, actuarial services, architecture, land surveying, landscape
architecture, law, dentistry, medicine, optometry, pharmacy, or professional
engineering.
13.Public Body. Any legislative, executive or judicial body, agency, office, department,
authority, post, commission, committee, institution, board, or political subdivision
created by law to exercise some sovereign power or to perform some governmental
duty, and empowered by law to undertake the activities described in this policy.
14.Purchasing Agent. The official in charge of procurement as designated by the
Pittsylvania County Board of Supervisors, presently the County Administrator.
15.Request for Proposals. All documents, whether attached or incorporated by reference,
utilized for soliciting proposals. Also referred to as “RFP.”
16.Responsible Bidder or Offeror. A bidder or offeror that has the capability, in all
respects, to perform fully the contract requirements and the moral and business
integrity and reliability which will assure good faith performance, and who has been
pre-qualified, if required.
17.Responsive Bidder. A bidder that has submitted a bid which conforms in all material
respects to the Invitation for Bid.
18.Services. Any work performed by an independent contractor which does not consist
primarily of acquisition of equipment or materials, or the rental of equipment,
materials and supplies.
19.Supplies, Materials, Equipment and Commodities. Any goods or articles which will be
used by or furnished to any department of the County.
20.Using Departments. All departments, agencies, boards and commissions of the
County, including unified support services, and offices supported from funds approved
by the County.
IV.PURCHASING AUTHORITY:
A.Establishment and Appointment.
All purchasing activities shall be taken under the direction and supervision of the
Purchasing Agent in accordance with the provisions in this policy. The County
Administrator shall be the Purchasing Agent for the County and shall serve as such at the
pleasure of the Pittsylvania County Board of Supervisors.
B.Authority of the Purchasing Agent.
The Purchasing Agent, as authorized by the Pittsylvania County Board of Supervisors,
shall have administrative responsibility for all purchasing for the County and shall serve as
the principal public purchasing official for the County. This individual shall be
10.B.4.b
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5
responsible for the procurement of goods, services, insurance, and construction in
accordance with this Policy, and the establishment of regulations providing a foundation for
an efficient and compliant procurement system to meet the needs of the County. The
Purchasing Agent may delegate the responsibilities, to meet the needs of the County, to
responsible employees, in order to facilitate the work of the Purchasing Agent and the
operation of the various agencies and departments of the County’s government.
C.Delegation.
The Purchasing Agent, as authorized by the Pittsylvania County Board of Supervisors,
may delegate purchasing authority to the Purchasing Manager, to purchase supplies,
equipment, services, or construction items.
D.Revisory Authority.
The Purchasing Manager will work with the originating Department to revise any purchase
specifications which, in the Purchasing Manager’s and/or Purchasing Agent’s
professional opinion, appear to restrict competition, in order to avoid any potential bid
protests and maximize competition.
V.COOPERATIVE PROCUREMENT
Conditions for Use.
Pursuant to the authority granted by § 2.2-4304 of the Virginia Code, 1950, as amended.
The County may enter into cooperative procurement agreements for the purpose of combining
requirements to increase efficiency or reduce administrative expenses in the procurement
process.
All cooperative procurement contracts entered into or used by the County shall be based on
procurement principles contained in this policy.
Except as otherwise prohibited in § 2.2-4304 of the Virginia Code, 1950, as amended, the
County may participate in or purchase goods and services through contracts awarded by
other governmental bodies when it is determined that: (i) the cooperative procurement is in the
best interest of the County; (ii) the cooperative procurement is based on competitive
procurement principles, and (iii) the cooperative procurement includes cooperative language
within the original solicitation inclusive of addenda.
VI.CONTRACT FORMATION AND METHODS OF SOURCE SELECTION
A.Competitive Sealed Bidding.
1.Conditions for Use. All contracts with non-governmental contractors for the purchase
or lease of goods, or for the purchase of services (other than professional services),
insurance, or construction in excess of One Hundred Thousand Dollars ($100,000)
shall be awarded after competitive sealed bidding, or by such other procedures
required or authorized by this Policy.
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The competitive sealed bidding dollar amount level shall automatically change
pursuant to future lawful and active State levels.
2.Pre-Qualification of Bidders. Bidders may be pre-qualified prior to any solicitation of
bids, whether for goods, services, insurance or construction. The pre-qualification
process shall be consistent with the provisions of § 2.2-4317 of the Virginia Code,
1950, as amended. The application form used in such process shall set forth the
criteria upon which the qualifications of prospective contractors will be evaluated.
The application form shall request of prospective contractors only such information
as is appropriate for an objective evaluation of all prospective contractors pursuant to
such criteria. Such form shall allow the prospective contractor seeking pre-qualification
to request, by checking the appropriate box, that all information voluntarily submitted
by the contractor be considered a trade secret or proprietary information subject to the
requirements of § 2.2-4342 of the Virginia Code, 1950, as amended. In all instances
in which pre-qualification of potential contractors is required for construction projects,
advance notice shall be given of the deadline for the submission of pre-qualification
applications. The deadline for submission shall be sufficiently in advance of the date
set for the submission of bids for such construction so as to allow the procedures set forth
in the provisions of § 2.2-4317 of the Virginia Code, 1950, as amended, to be
accomplished.
3.Public Notice of Invitation for Bid (IFB). Public notice of the Invitation for Bid
shall be posted in a public area in the County Administration Building and on the
County’s website (www.pittgov.org), at least ten (10) days prior to the last day set for
the receipt of bids. The County may choose to publish the Invitation to Bid in a
newspaper of general circulation. The posting shall include a general description of
the proposed purchase or sale and where solicitation documents may be obtained.
Sealed bids shall also be solicited from prospective suppliers who have requested their
names to be added to a "vendor bidders list" which the Purchasing Department shall
maintain. Invitations sent to vendors on the "vendor bidders list" shall be limited to
commodities that are similar in character and ordinarily handled by the trade group to
which the invitations are sent. Placement on the "vendor bidders list" is no guarantee of
solicitation for bids and/or quotes. It is the vendor’s responsibility to notify the
County of changes that need to be noted on the vendor bidder’s list, such as mailing or
physical address, phone numbers, email addresses, contact person, etc.
4.Use of Brand Names. Unless otherwise provided in the Invitation for Bid, the name of a
certain brand, make or manufacturer does not restrict bidders to the specific brand
name, make or manufacturer, but rather conveys the general style, type, character, and
quality of the articles desired, and any article which is determined to be the equal of
that specified, considering quality, workmanship, economy of operation, and suitability
for the purpose intended, shall be accepted. The County has the sole authority in
deciding what is accepted as an equal.
5.Cancellation, Rejection of Bids, and Waiver of Informalities. An Invitation for Bid, a
Request for Proposal, any other solicitation, or any and all bids or proposals may be
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canceled or rejected in whole or in part. The reasons for cancellation shall be made
part of the contract file. Informalities may be waived when the determination is made
that it is in the best interest of the County to do so.
6.Bid Opening. All bids must be opened in public.
7.Negotiation with Lowest Responsible Bidder. Unless canceled or rejected, a responsive
bid from the lowest responsible bidder shall be accepted as submitted, except that if the
bid from the lowest responsible bidder exceeds available funds, negotiation may
commence with the apparent low bidder to obtain a contract price within available
funds; however, such negotiation may be undertaken only under conditions and
procedures described in writing prior to issuance of the Invitation for Bid and
summarized therein.
8.Withdrawal of Bid Due to Error.
a.A bidder for a construction contract may withdraw his bid from consideration if the
price bid was substantially lower than the other bids due solely to a mistake
therein, provided the bid was submitted in good faith, and the mistake was a
clerical mistake as opposed to a judgment mistake, and was actually due to an
unintentional arithmetic error or an unintentional omission of a quantity of work,
labor or material made directly in the compilation of a bid, which unintentional
arithmetic error or unintentional omission can be clearly shown by objective
evidence drawn from inspection of original work papers, documents and materials
used in the preparation of the bid sought to be withdrawn.
The following procedure for bid withdrawal must be stated in the Invitation for
Bids. The bidder shall give notice in writing of his claim of right to withdraw his
bid within two (2) business days after the conclusion of the bid opening procedure and
shall submit original work papers with such notice. The work papers, documents
and materials may be considered trade secrets or proprietary information subject to
the conditions of § 2.2-4342(F) of the Virginia Code, 1950, as amended. The
mistake shall be proved only from the original work papers, documents and
materials delivered as required herein.
b.Procedures for the withdrawal of bids for other than construction contracts may be
established.
c.No bid may be withdrawn under this section when the result would be the
awarding of the contract on another bid of the same bidder or of another bidder in
which the ownership of the withdrawing bidder is more than five percent (5%).
d.If a bid is withdrawn under the authority of this section, the lowest remaining bid
shall be deemed to be the low bid.
e.No bidder who is permitted to withdraw a bid shall, for compensation, supply any
material or labor to or perform any subcontract or other work agreement for the
person or firm to whom the contract is awarded or otherwise benefit, directly or
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indirectly, from the performance of the project for which the withdrawn bid was
submitted.
f.The County shall notify the bidder in writing within five (5) business days of its
decision regarding the bidder's request to withdraw its bid. If withdrawal of a bid is
denied under the provisions of this section, the bidder shall be notified in writing
stating the reasons for the decision and award the contract to such bidder at the bid
price, provided such bidder is a responsible and responsive bidder. At the same
time that the notice is provided, The County shall return all work papers and copies
thereof that have been submitted by the bidder.
9.Bid Award. Bids shall be awarded to the lowest responsive and responsible bidder.
When the terms and conditions of the invitation for bid provide that multiple awards
may be made, awards may be made to more than one bidder.
Unless canceled or rejected in accordance with Section VI (A.5) of this policy, a
responsive bid from the lowest responsible bidder shall be accepted as submitted
except as provided in Section VI (A.7) of this policy.
When the award is not given to the lowest bidder, a full and complete statement of the
reasons for placing the order elsewhere shall be prepared and filed with the other
papers relating to the transaction.
10.Tie Bids.
a.In the case of a tie bid, preference shall be given to goods, services and construction
produced in the County or provided by persons, firms or corporations having
principal places of business in the County, if such a choice is available.
b.Except as provided in subsection (a.) above, in the case of a tie bid, preference
shall be given to goods, services and construction produced in Virginia or
provided by Virginia persons, firms, or corporations, if such a choice is available.
c.Whenever the lowest responsive and responsible bidder is a resident of any other
state and such state under its laws allows a resident contractor of that state
preference, a like preference may be allowed to the lowest responsible bidder who is
a resident of Virginia.
d.Notwithstanding the provisions of subsections (b.) and (c.), in the case of a tie bid in
instances where goods are being offered, and existing price preferences have
already been taken into account, preference shall be given to the bidder whose
goods contain the greatest amount of recycled content.
e.In the event that none of the foregoing provisions of this section resolve the tie, the
tie is decided by lot, or the solicitation is cancelled and rebid.
11.Authority to Transact Business in Virginia. If required by law, any awarded bidder or
offeror shall maintain a valid certificate of authority or registration to transact business in
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Virginia with the Virginia State Corporation Commission as required by Title 13.1 or
Title 50 of the Virginia Code, 1950, as amended, during the term of the contract or any
contract renewal. The contractor as awarded shall not allow registration to lapse at or
its certificate of authority or registration to transact business in the Commonwealth of
Virginia to be revoked or cancelled at any time during the term(s) of the contract. If
the awarded contractor fails to remain in compliance with the provisions of this section,
the contract may be voided at the sole discretion of the County.
12.Contract Pricing Arrangement. Except in case of an emergency affecting the public
health, safety, or welfare, no contract shall be awarded on the basis of cost plus a
percentage of cost. A policy or contract of insurance or prepaid coverage having
a premium computed on the basis of claims paid or incurred, plus the insurance
carrier’s administrative costs and retention stated in whole or part as a percentage of
such claims, shall not be prohibited by this section. Architect/engineer and similar
contracts which are based on a percentage of construction cost shall not be prohibited
by this section, providing the construction contract is not awarded by or to that
architect/engineer or similar contracts.
13.Multi-Term Contracts.
a.Specified Period. Unless otherwise provided by law, a contract for goods, services
or insurance may be entered into for any period of time deemed to be in the best
interest of the County provided the term of the contract and conditions of
renewal or extension, if any, are included in the solicitation and funds are available
for the first fiscal period at the time of contracting. Payment and performance
obligations for succeeding fiscal periods shall be subject to the availability and
appropriation of funds.
b.Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods. When
funds are not appropriated or otherwise made available to support continuation of
performance in a subsequent fiscal period, the contract shall be canceled.
14.Modification of the Contract.
a.A contract may include provisions for modification of the contract during
performance, but no fixed-price contract may be increased by more than twenty-
five percent (25%) of the contract or $50,000, whichever is greater, without the
advance written approval of the Pittsylvania County Board of Supervisors. In no
event may the amount of any contract, without adequate consideration, be increased
for any purpose, including, but not limited to, relief of an offeror from the
consequences of an error in its bid or offer.
b.Nothing in this section shall prevent the County from placing greater restrictions
on contract modifications.
15.Retainage on Construction Contracts.
a.In any contract for construction which provides for progress payments in
installments based upon an estimated percentage of completion, the contractor
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shall be paid at least ninety-five percent (95%) of the earned sum when payment is
due, with not more than five (5%) being retained to assure faithful performance of
the contract. All amounts withheld may be included in the final payment.
b.Any subcontract for a public project which provides for similar progress payments
shall be subject to the same limitations.
c.Nothing in this section shall preclude the establishment of retention for contracts
other than construction.
16.Bid Bonds on Construction Contracts. Except in cases of emergency, all bids or
proposals for construction contracts in excess of One Hundred Thousand Dollars
($100,000) shall be accompanied by a bid bond from a surety company selected by the
bidder which is legally authorized to do business in Virginia, as a guarantee that if the
contract is awarded to such bidder, that bidder will enter into the contract for the work
mentioned in the bid. The amount of the bid bond shall not exceed five percent (5%) of
the amount bid. Nothing in this section shall preclude a requirement of bid bonds to
accompany bids or proposals for construction contracts anticipated to be less than One
Hundred Thousand Dollars ($100,000).
No forfeiture under a bid bond shall exceed the lesser of (i) the difference between the
bids for which the bond was written and the next low bid, or (ii) the face amount of the
bid bond.
17.Performance and Payment Bonds for Construction Contracts.
a.Upon the award of any construction contract exceeding One Hundred Thousand
Dollars ($100,000) awarded to any prime contractor or as otherwise required in
§2.2-4337 of the Virginia Code, 1950, as amended, such contractor shall furnish
to the County the following bonds:
1)A performance bond in the sum of the contract amount conditioned upon the
faithful performance of the contract in strict conformity with the plans,
specifications and conditions of the contract.
2)A payment bond in the sum of the contract amount. Such bond shall be for the
protection of claimants who have and fulfill contracts to supply labor or
materials to the prime contractor to whom the contract was awarded, or to
any subcontractors, in the prosecution of the work provided for in such
contract and shall be conditioned upon the prompt payment for all such
material furnished or labor supplied or performed in the prosecution of the
work. "Labor or materials" shall include public utility services and reasonable
rentals of equipment, but only for periods when the equipment rented is actually
used at the site.
b.Each of such bonds shall be executed by one or more surety companies selected by
the contractor which are legally authorized to do business in Virginia.
c.Bonds shall be made payable to the County as appropriate.
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d.Each of the bonds shall be filed in the contract file.
e.Nothing in this section shall preclude the County from requiring payment or
performance bonds for construction contracts below One Hundred Thousand
Dollars ($100,000).
f.Nothing in this section shall preclude such contractor from requiring each
subcontractor to furnish a payment bond with surety thereon in the sum of the full
amount of the contract with such subcontractor conditioned upon the payment to all
persons who have and fulfill contracts which are directly with the subcontractor for
performing labor and furnishing materials in the prosecution of the work
provided for in the subcontract.
18.Action on Performance Bonds. No action against the surety on a performance bond
shall be brought unless brought within one (1) year after (i) completion of the
contract, including the expiration of all warranties and guarantees, or (ii) discovery of
the defect or breach of warranty, that give rise to the action.
19.Action on Payment Bonds.
a.Any claimant who has a direct contractual relationship with the contractor and who
has performed labor or furnished material in accordance with the contract
documents in the prosecution of work provided in any contract for which a
payment bond has been given, and who has not been paid in full before the
expiration of ninety (90) days after the day on which such claimant performed the
last of the labor or furnished the last of the materials for which he claims payment,
may bring an action on the payment bond to recover any amount due him for the
labor or material, and may prosecute such action to final judgment and have
execution on the judgment. The obligee named in the bond need not be named a
party to such action.
b.Any claimant who has a direct contractual relationship with any subcontractor but
who has no contractual relationship, express or implied, with the contractor, may
bring an action on the contractor's payment bond only if he has given written
notice to the contractor within ninety (90) days from the day on which the
claimant performed the last of the labor or furnished the last of the materials for
which he claims payment, stating with substantial accuracy the amount claimed
and the name of the person for whom the work was performed or to whom the
material was furnished.
Notice to the contractor shall be served by registered or certified mail, postage
prepaid, in an envelope addressed to such contractor at any place where his office is
regularly maintained for the transaction of business. Claims for sums withheld as
retainage with respect to labor performed or materials furnished, shall not be
subject to the time limitations stated in this subsection.
c.Any action on a payment bond must be brought within one (1) year after the day
on which the person bringing such action last performed labor or last furnished
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or supplied materials.
d.Any waiver of the right to sue on the payment bond required by this section shall be
void unless it is in writing, signed by the person whose right is waived, and
executed after such person has performed labor or furnished material in
accordance with the contract documents.
20.Alternative Forms of Security.
a.In lieu of a bid, payment, or performance bond, a bidder may furnish a certified
check, cashier’s check, or cash escrow in the face amount required for the bond.
b.If approved by the County Attorney, a bidder may furnish a personal bond,
property bond, or bank or savings institution’s letter of credit on certain
designated funds in the face amount required for the bid, payment or performance
bond. Approval shall be granted only upon a determination that the alternative
form of security proffered affords protection to the County equivalent to a
corporate surety's bond.
21.Bonds for Other than Construction Contracts. At the discretion of the County,
bidders may be required to submit with their bid, a bid bond in an amount previously
determined and specified in the Invitation to Bid, as a guarantee that if the contract is
awarded to such bidder, that the bidder will enter into the contract for the work
mentioned in the bid. Additionally, The County may require bid, payment, or
performance bonds for contracts for goods or services if provided in the Invitation for
Bid or Request for Proposal.
22.Insurance. Vendors providing services will be required to carry adequate insurance to
protect Pittsylvania County from loss in case of accident, fire, theft, etc. throughout
the term of the service contract. Proof of adequate insurance shall be furnished prior
to acceptance of an award. The specific insurance requirements will be included in the
Request for Proposal or Invitation for Bid.
B.Competitive Negotiation.
1.Competitive Negotiation for Goods or Services Other Than Professional Services.
a.Conditions for Use.
1)Upon a determination made in advance and set forth in writing that
competitive sealed bidding is either not practicable or not fiscally advantageous
to the public, goods, services, or insurance may be procured by competitive
negotiation. The writing shall document the basis for this determination.
2)Construction may be procured only by competitive sealed bidding, except that
competitive negotiation may be used in the following instances upon a
determination made in advance and set forth in writing that competitive sealed
bidding is either not practicable or not fiscally advantageous to the public,
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which writing shall document the basis for this determination:
a)through a fixed price or not-to-exceed price design-build or construction
management basis in accordance with
§2.2-4308 of the Virginia Code, 1950, as amended; or
b)for the construction of highways and any draining, dredging, excavation,
grading, or similar work upon real property.
b.Request for Proposal. The Purchasing Department shall issue a written Request for
Proposal indicating in general terms that which is sought to be procured, specifying
the factors which will be used in evaluating the proposal and containing or
incorporating by reference the other applicable contractual terms and conditions,
including any unique capabilities or qualifications which will be required of the
contractor. The Purchasing Department shall work with the Using Department to
select evaluation committee members tasked with the evaluation of proposals.
c.Public Notice. Public notice of the Request for Proposal shall be given at least ten
(10) days prior to the date set for receipt of proposals by publication in a
newspaper with general circulation in the County, posted in a public area in the
County Administration Building and on the County’s website (www.pittgov.org).
In addition, proposals may be solicited directly from potential contractors.
d.Receipt of Proposals. Proposals shall not be made public and shall be handled so as
to not permit disclosure of the contents of any proposal to competing offerors or
the general public during the process of negotiation. At the time fixed for receipt of
proposal responses, the Purchasing Department will read, and make available to the
public on request, only the names of the offerors.
e.Selection and Award. Selection shall be made of two (2) or more offerors deemed to
be fully qualified and best suited among those submitting proposals, on the basis
of the factors involved in the request for proposal, including price if so stated in
the request for proposal. Negotiations shall then be conducted with each of
the offerors so selected. Price shall be considered but need not be the sole
determining factor. After negotiations have been conducted with each offeror so
selected, the evaluation committee shall select the offeror which, in its opinion,
has made the best proposal, and shall award the contract to that offeror.
Contracts shall be awarded to multiple offerors if so stated in the original
Request for Proposals. Should the evaluation committee determine in writing and in
its sole discretion that only one (1) offeror is fully qualified, or that one offeror is
clearly more highly qualified than the others under consideration, a contract may be
negotiated and awarded to that offeror.
2.Competitive Negotiation for Professional Services.
a.Conditions for Use. Contracts for professional services, as defined in Section III
(D.12) of this Policy, where the aggregate cost is expected to exceed Sixty Thousand
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Dollars ($60,000), shall be entered into in the following manner:
b.Request for Proposals. The Purchasing Department shall issue a written Request for
Proposal indicating in general terms that which is sought to be procured, specifying
the factors which will be used in evaluating the proposal and containing or
incorporating by reference the other applicable contractual terms and conditions,
including any unique capabilities or qualifications which will be required of the
contractor. Professional Services Request for Proposals shall not, however, request
that offerors furnish estimates of man-hours or cost for services.
c.Public Notice. Public Notice of the Request for Proposal shall be given at least ten
(10) days prior to the date set for receipt of proposals by publication in a newspaper
of general circulation in the County, posted on the public notice board in the
County Administration Building and on the County’s website (www.pittgov.org).
In addition, proposals may be solicited directly from potential contractors.
d.Selection and Award. The County shall engage in individual discussions with two
(2) or more offerors deemed fully qualified, responsible and suitable on the basis of
initial response and with emphasis on professional competence, to provide the
required services. Repetitive informal interviews shall be permissible. The
offerors shall be encouraged to elaborate on their qualifications and performance
data or staff expertise pertinent to the proposed project, as well as alternative
concepts. In addition, offerors shall be informed of any ranking criteria that will be
used in the review of the professional competence of the offeror. At the discussion
stage, the County may discuss non-binding estimates of total project costs,
including, but not limited to, life-cycle costing, and where appropriate, non-binding
estimates of prices for services.
Proprietary information from competing offerors shall not be disclosed to the
public or to competitors. At the conclusion of the discussions, and upon the basis
of evaluation factors published in the request for proposal and all information
developed in the selection process, the County shall select, in the order of
preference, two or more offerors whose professional qualifications and proposed
services are deemed the most meritorious. Negotiations shall then be conducted,
beginning with the offeror ranked first. If a contract satisfactory and advantageous to
the County can be negotiated at a price considered fair and reasonable, the award
shall be made to that offeror. Otherwise, negotiations with the offeror ranked first
shall be formally terminated and negotiations conducted with the offeror ranked
second, and so on until such a contract can be negotiated at a fair and reasonable
price. Should the County determine in writing and in its sole discretion that only one
offeror is fully qualified, or that one offeror is clearly more highly qualified and
suitable than the others under consideration, a contract may be negotiated and
awarded to that offeror.
The dollar amount level for competitive negotiation for professional services shall
automatically change pursuant to future lawful and active State levels.
C. PPEA (Public Private Education Infrastructure Act of 2002)
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The County shall be authorized to enter into public-private partnerships pursuant to the
Public-Private Education Facilities and Infrastructure Act of 2002, Virginia Code Section 56-
575.1 et seq, as amended, and in accordance with County adopted regulations related
hereto. See exhibit A
D.Design and Build
The County shall be authorized to enter unto a contract for construction on a fixed or not
to exceed price design-build basis, Virginia Code 2.2-4308, as amended, and accordance
with County adopted regulations related hereto. RESOLUTION 2015-10-1
Procedures/Guidelines updated 10/20/2015. See exhibit B.
E.Procurement Standards for Federal Grant Awards
The County shall be required to abide by the Procurement Standards for Federal Grant
Awards, attached hereto as Exhibit “C” (adopted by the Board of Supervisors on May 15,
2018).
F.Sole Source Procurement.
A contract may be awarded without competition when it is determined in writing, after
conducting a good faith review of available sources, that there is only one source
practicably available for the required good, service, insurance or construction item.
Negotiations shall be conducted, as appropriate, to obtain the best price, delivery, and
terms. A written notice shall be issued stating that only one source was determined to be
practicably available, identify that which is being procured, the contractor selected and the
date on which the contract will be awarded. For purchases exceeding One Hundred
Thousand Dollars ($100,000), a notice of sole source shall be posted on the Public Notice
Board in the County Administration Building and on the County’s website
(www.pittgov.org) on the day of award or the decision to award is announced, whichever
occurs first.
G.Emergency Purchases.
An emergency may arise in order to protect personal safety, life or property, such as,
an occurrence of a serious, urgent and threatening nature that demands immediate action to
avoid termination of essential services or a dangerous condition. In such cases, a Purchase
Order or contract may be awarded by the Purchasing Agent without competitive
bidding or competitive negotiation, however, such procurement shall be made with as
much competition as is practicable under the circumstances. A written determination and
justification establishing the basis for the emergency and for the selection of the particular
contractor/vendor must be submitted by the requesting department to the Purchasing
Department prior to creating an obligation. The Purchasing Agent will approve or
disapprove the purchase as an emergency procurement. The approved written
determination shall become part of the procurement file. For purchases with a total cost
in excess of One Hundred Thousand Dollars ($100,000), a written notice, stating that the
contract is being awarded, or has been awarded on an emergency basis shall be publicly
posted on the Public Notice Board in the County Administration Building, and on the
County’s website for ten (10) calendar days, beginning on the day of the award or the
decision to award is announced, whichever occurs first, or as soon thereafter as is
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practicable.
Notwithstanding the foregoing, if an emergency occurs at times other than regular business
hours, the concerned Department may purchase directly the required goods or contractual
services. The requesting Department shall, however, whenever practicable, secure
competitive telephone bids and order delivery to be made by the lowest responsible bidder.
The requesting department shall also, as soon as practicable, submit to the Purchasing
Department a tabulation of bids received, if any, a copy of the delivery record and a
written explanation of the circumstances of the emergency.
H.Small Purchases.
Purchases where the estimated total cost of the materials, equipment, supplies, shipping,
insurance, construction, or service are not expected to exceed One Hundred Thousand
Dollars ($100,000) may be awarded in accordance with procedures delineated in the most
recently approved Purchasing Procedures/Regulations.
Small purchase procedures shall include but are not limited to the following provisions:
1.Purchases from nongovernmental sources where the estimated total cost of the goods or
services are $10,000 or greater but less than $100,000 may be made after soliciting a
minimum of three (3) written quotations.
2.Purchases from nongovernmental sources where the estimated total cost of the goods or
services is $1,000 or greater but less than $10,000 may be made after soliciting a
minimum of three (3) written,or documented verbal or telephonic quotations.
3.Purchases where the estimated total cost of the goods or services is less than $1,000
may be made upon receipt of one (1) fair and reasonable price.
4.Purchase of used equipment, defined as equipment which has been previously owned
and used where the estimated total cost is $5,000 or greater but less than $100,000, may
be made after soliciting a minimum of two (2) written quotations; award shall be based
on the offer deemed to be in the best interest of Pittsylvania County. Prior to the award of
a contract for used equipment, a person technically knowledgeable of the type of
equipment sought shall document the condition of the equipment stating that this
purchase would be in the best interest of the County as part of the purchase
documentation; price reasonableness shall be considered in determining award.
5.Nothing in this section shall preclude requiring more stringent procedures for
purchases made under the small purchase method.
I.Use of County Credit Cards for Small Purchases.
Small purchase may be made with a County credit card, when necessary, if authorized by
the Purchasing Manager. The County’s Credit Card Policy must be adhered to.
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J.Exemptions and Exceptions.
The County may not enter into contracts without competition, except those exemptions
outlined in §§2.2-4344 and 2.2-4346, Virginia Code, 1950, as amended. The County
may enter into contracts without competitive sealed bidding or competitive negotiation
for insurance if purchased through an association of which Pittsylvania County is a
member, if the association was formed and is maintained for the purpose of promoting
the interest and welfare of, and developing close relationships with, similar public bodies,
provided such association has procured the insurance by use of competitive principles
and provided that a determination is made in advance after reasonable notice to the
public and set forth in writing that competitive sealed bidding and competitive negotiation
are not fiscally advantageous to the public. The writing shall document the basis for this
determination.
K. Exemptions to Competitive Procurement Requirements
1.Dues and Professional Licenses: Professional organization membership dues and fees
to maintain professional licenses.
2.Honoraria/Entertainment: Payment for a service, such as authors, speakers,
lecturers, musicians, and performing artists.
3.License Agreements: License agreements with the owner of the source code for existing
software and/or manufacturer of sophisticated scientific equipment.
4.Perpetual Software Support: Competitively purchased software that requires annual
support including upgrades to keep the product current, is considered both proprietary and
perpetual, as support cannot be provided by anyone other than the source code or current
program/software holder. For that reason, software support does not require the same
competitive justification as other purchases so long as the original purchase is
competitive and the same company provides the support, until that product/software is no
longer utilized. Using Departments must verify that the pricing is fair and reasonable and
that the product/software is still available through the current provider with each
purchase.
5.Media Purchases: Advertisements and legal notices such as in newspapers, magazines,
journals, radio, and television.
6.Other Agencies: purchases from the federal government, other states and their agencies or
institutions, and public bodies. Care must be exercised to verify pricing as fair and
reasonable.
7.Training:
a.Training provided by professional organization: Classes, workshops, or conferences
provided by a professional organization rather than a training vendor or individual.
This exemption is limited to organizations that are associated with professional
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accreditation or certification.
b.Specialized training: Training that is specialized, proprietary, and not typically
available to the general public for which competition is generally unavailable.
Specialized technical training provided by a vendor for their equipment is included
in this category. Justification must be prepared to document verification of
exclusivity.
8. Books, printed materials, reprints and subscriptions: Books, printed materials,
reprints, and subscriptions, pre-recorded audio and video material, when only
available from the publisher/producer.
L.Collusion Among Bidders.
More than one (1) bid from an individual, firm, partnership, corporation, or association under
the same or different name will be rejected. Reasonable grounds for believing that a bidder is
interested in more than one bid for the work contemplated will cause rejection of all bids in
which the bidder is interested. Any or all bids may be rejected if there is any reason for
believing that collusion exists among the bidders. Participants in such collusion may not be
considered in future bids for the same work. Each bidder, as a condition of submitting a bid,
shall certify that he is not a party to any collusive action as herein defined.
M.Contract Award Approval.
No contract resulting from a formally issued IFB or RFP that exceeds One
Hundred Thousand Dollars ($100,000) shall be awarded without the
approval of the Pittsylvania County Board of Supervisors.
N.Unauthorized Purchases.
1.Whenever any officer or employee of the County purchases or contracts for any
supplies or services contrary to the provisions of this Policy, such purchases or
contract shall be void and shall not be considered to be an obligation of the County.
2.Any County officer or employee making or approving a purchase contrary to the
provisions of this Policy, shall be personally liable for the costs of such purchases or
contract. If already paid out of County funds, the amount thereof in the name of the
County, may be recovered by deduction from that person's compensation or an
appropriate legal action instituted.
O.Public Access to Procurement Information.
Except as provided herein, all proceedings, records, contracts and other public records
relating to procurement transactions shall be open to the inspection of any citizen, or any
interested person, firm or corporation, in accordance with the Virginia Freedom of
Information Act (§2.2-3700 et seq., Virginia Code, 1950, as amended). Cost estimates
relating to a proposed transaction prepared by or for the County shall not be open to
public inspection.
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Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity to
inspect bid records within a reasonable time after the opening of all bids but prior to
award, except in the event that the County decides not to accept any of the bids and to reopen
the contract. Otherwise, bid records shall be open to public inspection only after award of
the contract.
Any competitive negotiation offeror, upon request, shall be afforded the opportunity to
inspect proposal records within a reasonable time after the evaluation and negotiations of
proposals are completed but prior to award, except in the event the County decides not to
accept any of the proposals or decides to reopen the contract. Subject to the
provisions of this section, proposal records shall be open to public inspection after award of
the contract.
Any inspection of procurement transaction records under this section shall be subject to
reasonable restrictions to ensure the security and integrity of the records.
Pursuant to §2.2-4342 of the Virginia Code,1950, as amended, trade secrets or
proprietary information submitted by a bidder, offeror or contractor in connection with a
procurement transaction or pre-qualification application shall not be subject to public
disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq., Virginia
Code, 1950, as amended); however, the bidder, offeror or contractor must invoke the
protections of this section prior to or upon submission of the data or other materials, and
must identify the data or other materials to be protected and state the reasons why
protection is necessary.
P.Employment Discrimination by Contractor Prohibited.
Every contract of over $10,000 shall include the provisions contained in subsections (1) and (2)
below:
1.During the performance of this contract, the contractor agrees as follows:
a.The contractor will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age, disability, or
other basis prohibited by state or federal law relating to discrimination in
employment, except where there is a bona fide occupational qualification
reasonably necessary to the normal operation of the contractor. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
b.The contractor, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, will state that such contractor is an Equal Opportunity
Employer.
c.Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
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2.The contractor will include the provisions of the foregoing paragraphs a, b and c in
every subcontract or purchase order of over $10,000 so that the provisions will be
binding upon each subcontractor or vendor.
Q.Drug-Free Workplace
During the performance of any contract with Pittsylvania County, the contractor
agrees to (i) provide a drug-free workplace for the Contractor’s employees; (ii) post in
conspicuous places, available to employees and applicants for employment, a
statement notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is prohibited
in the Contractor’s workplace and specifying the actions that will be taken against
employees for violations of such prohibition; (iii) state in all solicitations or
advertisements for employees placed by or on behalf of the Contractor that the
Contractor maintains a drug-free workplace; and (iv) include the provisions of the
foregoing clauses in every subcontract or purchase order of over $10,000, so that the
provisions will be binding upon each subcontractor or vendor.
VII.DEBARMENT:
A.Authority to Debar or Suspend.
After ten (10) days written notice as provided for in VII (B) to the person involved and with
no legal action taken by that person per VIII (H) of this Policy, a person may be debarred
for cause from consideration for award of contracts. The debarment shall be and remain
effective for a period commensurate with the seriousness of the cause as determined. A
person may be suspended from consideration for award of contracts if there is probable
cause to believe that the person has engaged in any activity which might lead to debarment.
The suspension shall not be for a period exceeding six (6) months. When debarment or
suspension occurs, such debarment or suspension shall be considered to be just cause for
cancellation of any existing contracts held by the person or business debarred or
suspended.
The causes for debarment or suspension shall include:
1.Conviction for commission of a criminal offense relating to obtaining or attempting to
obtain a public or private contract or subcontract, or in the performance of such
contract or subcontract;
2.Conviction under state or federal statues for embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property, or any other offense
indicating a lack of business integrity or business honesty;
3.Conviction under state or federal antitrust statutes rising out of the submission of bids or
proposals;
4.Deliberate failure without good cause to perform in accordance with the specifications
or within the time limit provided in the contract;
5.A recent record of failure to perform or of unsatisfactory performance in accordance
with the terms of one (1) or more contracts; provided that failure to perform or
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unsatisfactory performance caused by acts beyond the control of the contractor shall
not be considered to be a basis for debarment; and
6.Any other cause determined to be so serious and compelling as to affect responsibility
as a County contractor, including debarment or suspension by another
governmental entity for any cause in this Policy; and for violation of the ethical
standards set forth in this Policy.
B.Decision to Debar or Suspend.
A written decision to debar or suspend shall be issued. The decision shall state the reasons
for the action taken and inform the debarred or suspended person involved of his/her
rights concerning judicial review.
C.Notice of Decision.
A copy of the decision required by VII (B) shall be final and conclusive unless legal action is
taken by the debarred or suspended person as provided for in VIII (H) of this Policy.
VIII.APPEALS AND REMEDIES FOR BID PROTESTS:
A.Ineligibility of Bidder, Offeror or Contractor.
As provided for in §2.2-4357 of the Virginia Code, 1950, as amended, any bidder, offeror or
contractor refused permission to participate, or disqualified from participating, in contracts
shall be notified in writing. Such notice shall state the reasons for the action taken. This
decision shall be final unless the bidder, offeror or contractor appeals within thirty (30) days
of receipt by instituting legal action as provided in VIII (H) of this Policy.
If, upon appeal, it is determined that the action taken was arbitrary or capricious, or not in
accordance with the Constitution of Virginia, applicable state law or regulations, the sole
relief shall be restoration of eligibility.
B.Appeal of Denial of Withdrawal of Bid.
A decision denying withdrawal of bid under the provisions of Section VI (A.8) of this Policy
shall be final and conclusive, unless the bidder appeals the decision within ten (10) days
after receipt of the decision by instituting legal action as provided in Section VIII (H.2) of
this Policy.
If no bid bond was posted, a bidder refused withdrawal of a bid under the provisions of
Section VI (A.8) of this Policy, prior to appealing, shall deliver to the Purchasing Department
a certified check or cash bond in the amount of the difference between the bid sought to be
withdrawn and the next lowest bid. Such security shall be released only upon a final
determination that the bidder was entitled to withdraw the bid.
If, upon appeal, it is determined that the decision refusing withdrawal of the bid was
arbitrary or capricious or not in accordance with the Constitution of Virginia, applicable state
law or regulation, the sole relief shall be withdrawal of the bid.
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C.Determination of Non-Responsibility.
As provided for in §2.2-4359 of the Virginia Code, 1950, as amended, any
bidder who, despite being the apparent low bidder, is determined not to be a responsible
bidder for a particular contract shall be notified in writing. Such notice shall state the basis
for the determination, which shall be final unless legal action is taken within ten (10)
days by the bidder as provided in Section VIII (H.1) of this Policy.
If, upon appeal, it is determined that the decision was arbitrary or capricious, or not in
accordance with the Constitution of Virginia, applicable state law or regulation or the terms
and conditions of the Invitation for Bid, and the award of the contract in question has not
been made, the sole relief shall be a finding that the bidder or offeror is a responsible
bidder for the contract in question or directed award as outlined in the Invitation for Bid. If it
is determined that the decision was arbitrary or capricious or not in accordance with the
Constitution of Virginia, applicable state law or regulation or the terms and conditions of
the Invitation for Bid, and the award has been made, the relief shall be as set forth in
Section VIII (D) of this Policy. A bidder or offeror contesting a determination that he is not
a responsible bidder or offeror for a particular contract shall proceed under this section,
and may not protest the award or proposed award under Section VIII (D) of this Policy.
Nothing contained in this section shall be construed to require the County, when
procuring by the Competitive Negotiation method to furnish a statement of the reasons
why a particular proposal was not deemed to be the most advantageous.
D.Protest of Award or Decision to Award.
1.Any bidder or offeror who desires to protest the award or decision to award of a
contract shall submit such protest in writing to the County Administrator as defined in
the Terms and Conditions of the IFB or RFP, as applicable, no later than ten (10) days
after the award or the announcement of the decision to award, whichever occurs first.
No protest shall lie for a claim that the selected bidder or offeror is not a responsible
bidder or offeror. The written protest shall include the basis for the protest and the
relief sought. The County Administrator shall issue a decision in writing within ten
(10) days stating the reasons for the action taken. This decision shall be final unless
the bidder or offeror appeals within ten (10) days of the written decision by
instituting legal action as provided in Section VIII (H.3) of this Policy.
2. If prior to an award it is determined that the decision to award is arbitrary or
capricious, then the sole relief shall be a finding to that effect. The proposed award
shall be cancelled or revised to comply with the law. If, after an award, it is determined
that an award of a contract was arbitrary or capricious, then the sole relief shall be as
hereinafter provided. Where the award has been made but performance has not begun,
the performance of the contract may be enjoined. Where the award has been made and
performance has begun, the contract may be declared void upon a finding that this
action is in the best interest of the public. Where a contract is declared void, the
performing contractor shall be compensated for the cost of performance up to the time of
such declaration. In no event, shall the performing contractor be entitled to lost
profits.
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3.When it is determined, after a hearing held following reasonable notice to all bidders,
that there is probable cause to believe that a decision to award was based on fraud or
corruption or on an act in violation of Article X of this Policy, award of the contract to a
particular bidder may be enjoined.
E.Effect of Appeal upon Contract.
Pending final determination of a protest or appeal, the validity of a contract awarded and
accepted in good faith in accordance with this Policy shall not be affected by the fact that a
protest or appeal has been filed.
F.Stay of Award During Protest.
An award need not be delayed for the period allowed a bidder or offeror to protest, but in
the event of a timely protest, no further action to award the contract will be taken, unless
there is a written determination that proceeding without delay is necessary to protect the
public interest or unless the bid or offer would expire.
G.Contractual Disputes.
Contractual claims, whether for money or other relief, shall be submitted in writing no later
than sixty (60) days after final payment, however, written notice of the contractor's
intention to file such claim shall have been given at the time of the occurrence or beginning
of the work upon which the claim is based. Nothing herein shall preclude a contract from
requiring submission of an invoice for final payment within a certain time after completion
and acceptance of the work or acceptance of the goods. Pendency of claim shall not delay
payment of amounts agreed due in the final payment.
A procedure for consideration of contractual claims shall be included in each contract. Such
procedure, which may be incorporated into the contract by reference, shall establish a time
limit for a final decision in writing by the County Administrator.
The decision of the County Administrator shall be final and conclusive unless the contractor
initiates legal action as provided in § 2.2-4364 of the Virginia Code, 1950, as amended,
within six (6) months of the date of the final decision on a claim.
A contractor may not institute legal action as provided in Section VIII (H) (5) of this
Policy prior to receipt of the County’s decision on the claim.
H.Legal Actions.
1.A bidder or offeror, actual or prospective, who is refused permission or disqualified
from participation in bidding or competitive negotiation, or who is determined not to be
a responsible bidder or offeror for a particular contract, may bring an action in the
Circuit Court of Pittsylvania County challenging that decision, which shall be reversed
only if the petitioner establishes that the decision was arbitrary or capricious, or not
in accordance with the Constitution of Virginia, applicable state law or regulation or
the terms and conditions of the Invitation for Bid, or in the case of pre-qualification
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denial, that such decision was not based upon the criteria for denial of pre-
qualification set forth in subsection VI (A.2).
2.A bidder denied withdrawal of a bid under Section VIII (B), of this Policy may bring
an action in the Circuit Court of Pittsylvania County challenging that decision, which
shall be reversed only if the bidder establishes that the decision was arbitrary or
capricious, or not in accordance with the Constitution of Virginia, applicable state law or
regulation or the terms and conditions of the Invitation for Bid.
3.A bidder, offeror or contractor may bring an action in the Circuit Court of
Pittsylvania County challenging a proposed award or the award of a contract,
which shall be reversed only if the petitioner establishes that the proposed award or the
award is not an honest exercise of discretion, but rather is arbitrary or capricious
or not in accordance with the Constitution of Virginia, applicable state law or
regulation, or the terms and conditions of the Invitation for Bid or Request for
Proposal.
4.If injunctive relief is granted, the court, upon request of the County, shall require the
posting of reasonable security to protect the County.
5.Subject to procedures in Section VIII of this Policy, a contractor may bring an action
involving a contract dispute with the County in the Circuit Court of Pittsylvania
County.
6.Nothing herein shall be construed to prevent the County from instituting legal action
against a contractor.
IX.ASSISTANCE TO SMALL AND DISADVANTAGED BUSINESSES:
A.Small, Women-, Minority-, and Service Disabled Veteran-Owned Business Participation.
The Purchasing Department will try to facilitate the participation of small, women-,
minority-, and service disabled veteran-owned businesses in the procurement transactions
of the County. The County grants no preferences or set-asides to such businesses. The
Purchasing Department shall assist any such business in understanding bids or proposals.
B.Discrimination Prohibited.
In the solicitation of awarding of contracts, The County shall not discriminate against any
bidder or offeror because of race, religion, color, sex, national origin, age, disability,
status as a service disabled veteran, or other basis prohibited by state or federal law
relating to discrimination in employment.
Pittsylvania County shall not discriminate against any faith-based organizations.
X.ETHICS IN PUBLIC CONTRACTING
A.Purpose.
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The provisions of this Article supplements, but does not supersede, other provisions of
law including, but not limited to the following acts contained within the Virginia Code, 1950,
as amended, the State and Local Government Conflict of Interests Act (§2.2-3100 et seq.),
the Virginia Governmental Frauds Act (§18.2-498.1 et seq.), and Articles 2 and 3 of
Chapter 10 of Title 18.2 of the Virginia Code, 1950, as amended. The provisions of this
article apply notwithstanding the fact that the conduct described may not constitute a
violation of the State and Local Government Conflict of Interests Act.
B.Definitions.
The words defined in this section shall have the meanings set forth below throughout this
policy section.
"Immediate family" shall mean spouse, children, parents, brothers and sisters, and any
other person living in the same household as the employee.
"Official responsibility" shall mean administrative or operating authority, whether
intermediate or final, to initiate, approve, and disapprove or otherwise affect a
procurement transaction, or any claim resulting therefrom.
"Pecuniary interest arising from the procurement" shall mean a personal interest as
defined in the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.,
Virginia Code, 1950, as amended).
"Procurement transaction" shall mean all functions that pertain to the obtaining of any
goods, services or construction, including description of requirements, selection and
solicitation of sources, preparation and award of contract, and all phases of contract
administration.
"Employee" shall mean any person employed by Pittsylvania County, including
elected officials or appointed members of governing bodies.
C.Prohibited Participation by Employees in Procurement Transactions.
No employee having official responsibility for a procurement transaction shall participate in
that transaction on behalf of the public body, except as noted in §2.2-3112 of the Virginia
Code, 1950, as amended, when the employee knows that:
1.The employee is contemporaneously employed by a bidder, offeror, or contractor
involved in the procurement transaction; or
2.The employee, the employee's partner, or any member of the employee's immediate
family holds a position with a bidder, offeror or contractor such as an officer, director,
trustee, partner or the like, or is employed in a capacity involving personal and
substantial participation in the procurement transaction, or owns or controls an
interest of more than five percent (5%); or
3.The employee, the employee's partner, or any member of the employee's immediate
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family has a pecuniary interest arising from the procurement transaction; or
4.The employee, the employee's partner, or any member of the employee's immediate
family is negotiating, or has an arrangement concerning, prospective employment with
the bidder, offeror or contractor.
D.Solicitation or Acceptance of Gifts.
No employee having official responsibility for a procurement transaction shall solicit,
demand, accept, or agree to accept from a bidder, offeror, contractor or subcontractor any
payment, loan subscription, advance, deposit of money, services or anything of more than
nominal value, present or promised, unless consideration of substantially equal or greater
value is exchanged. The County may recover the value of anything conveyed in
violation of this section.
E.Disclosure of Subsequent Employment.
No employee or former employee having official responsibility for procurement
transactions shall accept employment with any bidder, offeror or contractor with whom the
employee or former employee dealt in an official capacity concerning procurement
transactions for a period of one (1) year from the cessation of employment by the County,
unless the employee or former employee provides written notification to the County prior to
commencement of employment by that bidder, offeror or contractor.
F.Gifts by Bidders, Offerors, Contractors or Subcontractors.
No bidder, offeror, contractor or subcontractor shall confer upon any employee having
official responsibility for a procurement transaction any payment, loan, subscription,
advance, deposit of money, services or anything of more than nominal value, present or
promised, unless consideration of substantially equal or greater value is exchanged.
G.Kickbacks.
No contractor or subcontractor shall demand or receive from any of his supplies or
subcontractors, as an inducement for the award of a subcontract or order, any payment,
loan, subscription, advance, deposit of money, services or anything, present or promised,
unless consideration of substantially equal or greater value is exchanged.
No subcontractor or supplier shall make, or offer to make, kickbacks as described in this
section.
No person shall demand or receive any payment, loan, subscription, advance, deposit or
money services or anything of value in return for an agreement not to compete on a
contract.
If a subcontractor or supplier makes a kickback or other prohibited payment as described in
this section, the amount thereof shall be conclusively presumed to have been included in the
price of the subcontract or order, and ultimately borne by the County and will be
recoverable from both the maker and the recipient. Recovery from one offending party
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shall not preclude recovery from other offending parties.
H.Participation in Bid Preparation.
No person who is compensated to prepare an Invitation for Bid or Request for Proposal for or
on behalf of the County shall submit a bid or proposal for that procurement or any portion
thereof, or, disclose to any bidder or offeror information concerning the procurement
that is not available to the public. However, the County may permit such person to submit a
bid or proposal for that procurement or any portion thereof if the County determines that the
exclusion of the person would limit the number of potential qualified bidders or offerors
in a manner prior to the best interests of the County.
I.Misrepresentations Prohibited.
No employee having official responsibility for a procurement transaction shall knowingly
falsify, conceal, or misrepresent a material fact; knowingly make any false, fictitious or
fraudulent statements or representations; or make or use any false writing or document
knowing the same to contain any false, fictitious or fraudulent statement or entry.
J.Penalty for Violation.
Any person convicted of a willful violation of any provision of Section X of this policy shall
be guilty of a Class 1 misdemeanor. Upon conviction, any public employee, in addition to
any other fine or penalty provided by law, shall forfeit his/her employment.
LEGAL REFERENCE: Code of Virginia, 1950 as amended, § 2.2-4300 et seq., see also
22.1-68, 22.1- 70, 22.1-92 (A), 22.1-296.1, Virginia Code, 1950, as amended.
XI. SALE OF SURPLUS PROPERTY
All using departments and/or agencies shall, upon request, submit to the Purchasing Agent a
report of all surplus, worn out, or obsolete items which should be disposed of. The Purchasing
Agent shall have the authority to transfer such surplus to other using departments and/or
agencies. All property not so transferred shall be exchanged, traded in on new items,
salvaged, or sold as deemed appropriate by the Purchasing Agent.
All sales of surplus property shall be made through an auction, either public or through the
internet, or by solicitation of a sealed bid. Public Auctions require a minimum of ten (10)
calendar days prior advertisement in a newspaper of general circulation in the County. If the
County chooses to dispose of surplus property through a solicitation of sealed bids, then a
public notice shall be advertised at least once in a newspaper having County wide circulation,
at least ten (10) calendar days prior to the final date for the submission of sealed bids.
Individual items may be scrapped, if in the opinion of the Purchasing Agent, the cost of
storage and sale exceeds the value of the item.
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Procurement Standards for Federal Grant Awards
EXHIBIT C Reference 2 CFR 200.317
Contents
PURPOSE ................................................................................................................................................... 1
POLICY ....................................................................................................................................................... 1
AUTHORITY ............................................................................................................................................... 1
2 C.F.R. §................................................................................................................................................ 1
Pittsylvania County Purchasing Resolution ........................................................................................... 1
CONTROLS ................................................................................................................................................. 1
GRANT DEPARTMENT RESPONSIBILITIES .................................................................................................. 1
Micro-purchases ................................................................................................................................... 1
Small Purchases .................................................................................................................................... 2
Formal Procurements ........................................................................................................................... 2
Sole Source Contracts ........................................................................................................................... 2
Compliance Monitoring ........................................................................................................................ 2
DEPARTMENT OF PURCHASING ................................................................................................................ 2
DELEGATED PROCUREMENT AUTHORITY ................................................................................................. 2
SPECIAL PROCUREMENT INSTRUCTIONS .................................................................................................. 2
Architectural / Engineering Professional Services ................................................................................ 2
Bonding Requirements ......................................................................................................................... 2
Contract Cost and Price ......................................................................................................................... 3
Contracting With Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus
Area Firms ............................................................................................................................................. 3
Debarment and Suspension .................................................................................................................. 4
Economical Quantities .......................................................................................................................... 4
Federal Excess and Surplus Property .................................................................................................... 4
Intergovernmental Agreements ........................................................................................................... 4
Recovered Materials ............................................................................................................................. 4
Specification Review ............................................................................................................................. 4
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Time and Material Contracts ................................................................................................................ 4
Unnecessary or Duplicative Items......................................................................................................... 5
Value Engineering ................................................................................................................................. 5
SPECIAL CONTRACT TERMS AND CONDITIONS INSTRUCTIONS ................................................................ 5
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Procurement Standards for Federal Grant Awards
PURPOSE: This document is intended to provide guidance for Pittsylvania County Procurement
Department and other County staff with responsibility for conducting procurement transactions
that are federally-funded.
POLICY: All departments must adhere to the procedures outlined in this document and related
guidance from the grantor for contracts funded through federal direct aid, federal pass-through aid,
state categorical aid and other grants. When procuring property and services under a Federal
award, the County must follow the same policies and procedures it uses for procurements from its
non-Federal funds. The County must also follow any applicable Federal policies and procedures for
such procurement transactions. The County will follow 2 C.F.R. § 200.318 (General Procurement
Standards) through 2 C.F.R. § 200.326 (Contract Provisions) and will ensure that every purchase
order or other contract includes any clauses required by section 200.326 Contract Provisions.
AUTHORITY:
2 C.F.R. § 200.318: The non-Federal entity (Pittsylvania County) must use its own documented
procurement procedures, which reflect applicable state and local laws and regulations.
Pittsylvania County Purchasing Resolution, ___________________ Compliance with Conditions on
Federal Grants or Contract.
Where a procurement transaction involves the expenditure of federal assistance or
contract funds, the receipt of which is conditioned upon compliance with
mandatory requirements in federal laws or regulations not in conformance with the
policy of full and open competition, the County Purchasing Agent may comply with
the federal requirements only upon written determination by the County Executive
and/or Board of Supervisors that acceptance of the grant or contract funds under
the applicable conditions is in the public interest. Such determination shall state
the specific provisions of this section in conflict with the conditions of the grant or
contract.
CONTROLS:
• System of Authorizations: Review of contract terms and conditions shall be conducted in by
Procurement Manager/Contract Administrator, review and Approval Authority for
Purchase Orders, Contracts and Contract-Related Documents.
• Documentation: Grantor special procurement requirements shall be maintained in the
contract file.
GRANT DEPARTMENT RESPONSIBILITIES:
Micro-purchases: 2 C.F.R § 200.320 provides that purchases of supplies or services under $3,000
are treated as “micro-purchases.” But Micro-purchases may be awarded without soliciting any
competitive quotes, if the County considers the price to be reasonable. The County must, to the
extent practicable, distribute these purchases equitably among qualified suppliers. A cost or price
analysis is not required. (Note: these requirements do not apply to small purchases made using an
existing contract).
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Small Purchases: Purchases exceeding the Micro-purchase limit of $3,000, but below the formal
competitive threshold of $149,999 are considered “small purchases.” The County’s Procurement
policy VI. CONTRACT FORMATION AND METHODS OF SOURCE SELECTION, F. applies to Small
Purchases. Departments following informal purchase procedures are responsible for ensuring that
the resultant agreements include special contract terms and conditions, as appropriate.
Formal Procurements: Departments will inform the Purchasing Department of any special
grantor requirements, including special contract terms, to ensure that the goods and services will
be procured in compliance with specific grantor requirements and state and county procurement
laws and regulations. (Reference: Uniform Guidance 2 C.F.R § 200.318 through 200.326).
Sole Source Contracts: A non-competitive procurement is permitted when one or more of the
following circumstances apply (Reference: Uniform Guidance 2 C.F.R § 200.320(f):
• The item is available only from a single source;
• The public exigency or emergency for the requirement will not permit a delay resulting
from competitive solicitation;
• The Federal awarding agency or pass-through entity expressly authorizes noncompetitive
proposals in response to a written request from the County; or
• After solicitation of a number of sources, competition is determined inadequate.
• Documentation of price reasonableness is required for the procurement file.
Compliance Monitoring: The County must maintain oversight to ensure that the contractor
performs in accordance with the terms, conditions, and specifications of its contracts or purchase
orders.
DEPARTMENT OF PURCHASING: Pittsylvania County Purchasing department are required to
ensure that formal procurements are conducted in accordance with this policy.
DELEGATED PROCUREMENT AUTHORITY: Departments conducting a procurement under
delegated authority are required to ensure that procurement actions are conducted in accordance
with this policy.
SPECIAL PROCUREMENT INSTRUCTIONS
Architectural / Engineering Professional Services: The County may use competitive proposal
procedures for qualifications-based procurement of architectural/engineering (A/E) professional
services whereby competitors' qualifications are evaluated and the most qualified competitor is
selected, subject to negotiation of fair and reasonable compensation. The method, where price is
not used as a selection factor, can only be used in procurement of A/E professional services. It
cannot be used to purchase other types of services though A/E firms are a potential source to
perform the proposed effort.
Bonding Requirements: For construction or facility improvement contracts or subcontracts
exceeding $150,000, the Procurement Manger should ensure that the Federal awarding agency or
pass-through the County’s bonding policy and requirements. This acceptance should be
documented in writing and include a determination by the Federal awarding agency or pass-
through entity that the Federal interest is adequately protected. If such a determination is not been
made, the minimum bonding requirements are as follows:
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1) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid
guarantee" must consist of a firm commitment such as a bid bond, certified check, or other
negotiable instrument accompanying a bid as assurance that the bidder will, upon
acceptance of the bid, execute such contractual documents as may be required within the
time specified.
2) A performance bond on the part of the contractor for 100 percent of the contract price. A
"performance bond" is one executed in connection with a contract to secure fulfillment of all
the contractor's obligations under such contract.
3) A payment bond on the part of the contractor for 100 percent of the contract price. A
"payment bond" is one executed in connection with a contract to assure payment as
required by law of all persons supplying labor and material in the execution of the work
provided for in the contract.
Contract Cost and Price: The County must perform a cost or price analysis in connection with
every procurement action in excess of $100,000. The method and degree of analysis is dependent
on the facts surrounding the particular procurement situation, but as a starting point, the County
must make independent estimates before receiving bids or proposals.
The County must negotiate profit as a separate element of price for each contract in which there is
not price competition and in all cases where cost analysis is performed. To establish a fair and
reasonable profit, consideration must be given to the complexity of the work to be performed, the
risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality
of its record of past performance, and industry profit rates in the surrounding geographical area for
similar work.
Costs or prices based on estimated costs for contracts under the Federal award are allowable only
to the extent that costs incurred or cost estimated included in negotiated prices would be allowable
for the County under 2 C.F.R §200.400 Cost Principles (allowable and reasonable). The County may
reference its own cost principles that comply with the Federal cost principles.
The cost plus a percentage of cost and percentage of construction cost methods of contracting must
not be used.
Contracting With Small and Minority Businesses, Women's Business Enterprises, and Labor
Surplus Area Firms
1) The County must take all necessary affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used when possible.
2) Affirmative steps must include:
a. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
b. Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
c. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and
women's business enterprises;
d. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
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e. Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce; and
f. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative
steps listed in paragraphs (a) through (e) above.
Debarment and Suspension: (Executive Orders 12549 and 12689)—A contract award (see 2 CFR
180.220) must not be made to parties listed on the government wide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.
235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549.
Economical Quantities: The County must avoid acquisition of unnecessary or duplicative items.
Consideration should be given to consolidating or breaking out procurements to obtain a more
economical purchase.
Federal Excess and Surplus Property: The County is encouraged to use Federal excess and
surplus property in lieu of purchasing new equipment and property whenever such use is feasible
and reduces project costs.
Intergovernmental Agreements: To foster greater economy and efficiency, the County is
encouraged to enter into state and local intergovernmental agreements, where appropriate, for
procurement or use of common or shared goods and services.
Recovered Materials: The County and its contractors must comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements
of Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding
fiscal year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
Specification Review: The County must make available, upon request of the Federal awarding
agency or pass-through entity, technical specifications on proposed procurements where the
Federal awarding agency or pass-through entity believes such review is needed to ensure that the
item or service specified is the one being proposed for acquisition. This review generally will take
place prior to the time the specification is incorporated into a solicitation document. However, if
the County desires to have the review accomplished after a solicitation has been developed, the
Federal awarding agency or pass-through entity may still review the specifications, with such
review usually limited to the technical aspects of the proposed purchase.
Time and Material Contracts: The County may use time and material type contracts only after a
determination that no other contract is suitable and if the contract includes a ceiling price that the
contractor exceeds at its own risk. Time and material type contract means a contract whose cost to
the County is the sum of:
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1) The actual cost of materials; and
2) Direct labor hours charged at fixed hourly rates that reflect wages, general and
administrative expenses, and profit.
Since this formula generates an open-ended contract price, a time-and-materials contract provides
no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each
contract must set a ceiling price that the contractor exceeds at its own risk. Further, the County
must assert a high degree of oversight in order to obtain reasonable assurance that the contractor
is using efficient methods and effective cost controls.
Unnecessary or Duplicative Items: The County must avoid acquisition of unnecessary or
duplicative items. Consideration should be given to consolidating or breaking out procurements to
obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus
purchase alternatives, and any other appropriate analysis to determine the most economical
approach.
Value Engineering: The County is encouraged to use value engineering clauses in contracts for
construction projects of sufficient size to offer reasonable opportunities for cost reductions.
SPECIAL CONTRACT TERMS AND CONDITIONS INSTRUCTIONS
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts
made by the non-Federal entity under the Federal award must contain provisions covering the
following, as applicable. Pittsylvania County Contract Specialist shall include the following special
contract provisions based on the unique requirements of the procurement (see attachment).
County Attorney review and consultation is not required for the contract terms listed in the
attachment.
1) Contracts for more than the simplified acquisition threshold currently set at $150,000,
which is the inflation adjusted amount determined by the Civilian Agency Acquisition
Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41
U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where
contractors violate or breach contract terms, and provide for such sanctions and penalties
as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience
by the County including the manner by which it will be effective and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR
Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
“Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and
implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.”
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4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction”). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non-Federal entity must place a copy
of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-Federal entity must report all suspected or
reported violations to the Federal awarding agency. The contracts must also include a
provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States”). The Act provides that each contractor or subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
she is otherwise entitled. The non-Federal entity must report all suspected or reported
violations to the Federal awarding agency.
The contracting officer shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under
the contract shall be classified in conformance with the wage determination. The
contracting officer shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
a. The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
b. The classification is utilized in the area by the construction industry; and
c. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and
wage rate (including the amount designated for fringe benefits where appropriate), a report
of the action taken shall be sent by the contracting officer to the Administrator of the Wage
and Hour Division, Employment Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day period
that additional time is necessary.
In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and
the recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of
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receipt and so advise the contracting officer or will notify the contracting officer within the
30-day period that additional time is necessary.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-Federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is compensated
at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or
subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements,” and any implementing regulations issued by the
awarding agency.
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended—Contracts in excess of $150,000 must contain a provision that
requires the contractor to agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported
to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
8) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
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Lobbying Certification (31 U.S.C. 1352 et seq.)
(To be submitted with each bid or offer exceeding $100,000)
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal Loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of and Federal contract, grant, loan, or cooperative
agreement.
2. If any funds or than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form—LLL,
“Disclosure Form to Report Lobbying,” in accordance with its instructions [as amended
by “Government wide Guidance for New Restrictions on Lobbying,” 61 Fed. Reg. 1413
(1/19/96). Note: Language in paragraph (2) herein as been modified in accordance
with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2
U.S.C. 1601, et.seq.)]
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of
1995). Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]
The CONTRACTOR, ____________________, certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the CONTRACTOR understands and
agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if
any.
_____________________Signature of CONTRACTOR Authorized Official
_____________________Name and Title of CONTRACTOR Authorized Official
_____________________Date
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CONTRACT TERMS AND CONDITIONS
Civil Rights Requirements – 29 U.S.C. § 62, 42 U.S.C. § 2000, 42 U.S.C. § 602, 42 U.S.C. § 12112, 42
U.S.C. § 12132, 49 U.S.C. § 5332
a. Nondiscrimination – In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all
other provisions of Federal law, the CONTRACTOR agrees that it will not discriminate against
any employee or applicant for employment because of race, color, creed, national origin, sex,
age, or disability. In addition, the CONTRACTOR agrees to comply with applicable Federal
implementing regulations.
b. Equal Employment Opportunity – The following equal employment opportunity
requirements apply to the underlying contract:
a. Race, Color, Creed, National Origin, Sex – In accordance with Title VII of the Civil Rights
Act, as amended, 42 U.S.C. § 2000e, the CONTRACTOR agrees to comply with all applicable
equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL)
regulations, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor,” 41 CFR Parts 60 et seq., (which implement Executive
Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No.
11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” 42
U.S.C. § 2000e note), and with any applicable Federal Statutes, executive orders, regulations,
and Federal policies that may in the future affect activities undertaken in the course of this
Project. The CONTRACTOR agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their race,
color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. In addition, the CONTRACTOR agrees to comply with
any implementing requirements the funding federal agency may issue.
b. Age – In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § § 623 and other applicable law, the CONTRACTOR agrees to refrain
from discrimination against present and prospective employees for reason of age. In
addition, the CONTRACTOR agrees to comply with any implementing requirements the
funding federal agency may issue.
c. Disabilities – In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the CONTRACTOR agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, “Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR
Part 1630, pertaining to employment of persons with disabilities. In addition, the
CONTRACTOR agrees to comply with any implementing requirements the funding federal
agency my issue.
c. The CONTRACTOR also agrees to include these requirements in each subcontract financed in
whole or in part with Federal Assistance, modified only if necessary to identify the affected
parties.
Energy Conservation – 42 U.S.C. 6321 et seq.
The CONTRACTOR agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act.
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Davis-Bacon Act
Minimum wages.
i. All laborers and mechanics employed or working upon the site of the work (or under the
United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), will be paid unconditionally and not less often than once a
week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or
cash equivalents thereof) due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor which is attached hereto and
made a part hereof, regardless of any contractual relationship which may be alleged to exist
between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv)
of this section; also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing
work in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, That the employer's payroll
records accurately set forth the time spent in each classification in which work is
performed. The wage determination (including any additional classification and wage rates
conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-
1321) shall be posted at all times by the contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can be easily seen by the workers.
ii. The contracting officer shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under
the contract shall be classified in conformance with the wage determination. The
contracting officer shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
a. The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
b. The classification is utilized in the area by the construction industry; and
c. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
iii. If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and
wage rate (including the amount designated for fringe benefits where appropriate), a report
of the action taken shall be sent by the contracting officer to the Administrator of the Wage
and Hour Division, Employment Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days of receipt and so
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advise the contracting officer or will notify the contracting officer within the 30-day period
that additional time is necessary.
iv. In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and
the recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the
30-day period that additional time is necessary.
v. The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work
in the classification under this contract from the first day on which work is performed in the
classification.
a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
b. If the contractor does not make payments to a trustee or other third person, the
contractor may consider as part of the wages of any laborer or mechanic the amount of
any costs reasonably anticipated in providing bona fide fringe benefits under a plan or
program, Provided, That the Secretary of Labor has found, upon the written request of
the contractor, that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program.
Withholding. Pittsylvania County shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is
held by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers,
employed by the contractor or any subcontractor the full amount of wages required by the contract.
In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the work (or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the project), all or part of the
wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor,
applicant, or owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations have ceased.
Payrolls and basic records.
i. Payrolls and basic records relating thereto shall be maintained by the contractor during the
course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States Housing Act of 1937,
or under the Housing Act of 1949, in the construction or development of the project). Such
records shall contain the name, address, and social security number of each such worker,
his or her correct classification, hourly rates of wages paid (including rates of contributions
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or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types
described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing benefits under a plan or program
described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain
records which show that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
ii. The contractor shall submit weekly for each week in which any contract work is performed
a copy of all payrolls to the (write in name of appropriate federal agency) if the agency is a
party to the contract, but if the agency is not such a party, the contractor will submit the
payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the
(write in name of agency). The payrolls submitted shall set out accurately and completely
all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full
social security numbers and home addresses shall not be included on weekly transmittals.
Instead the payrolls shall only need to include an individually identifying number for each
employee (e.g., the last four digits of the employee's social security number). The required
weekly payroll information may be submitted in any form desired. Optional Form WH-347
is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime
contractor is responsible for the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the (write in name
of appropriate federal agency) if the agency is a party to the contract, but if the agency is not
such a party, the contractor will submit them to the applicant, sponsor, or owner, as the
case may be, for transmission to the (write in name of agency), the contractor, or the Wage
and Hour Division of the Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation of this section for a
prime contractor to require a subcontractor to provide addresses and social security
numbers to the prime contractor for its own records, without weekly submission to the
sponsoring government agency (or the applicant, sponsor, or owner).
Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
a. That the payroll for the payroll period contains the information required to be
provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate
information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5,
and that such information is correct and complete;
b. That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly, and that no deductions
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have been made either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR part 3;
c. That each laborer or mechanic has been paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the contract.
The weekly submission of a properly executed certification set forth on the reverse side
of Optional Form WH-347 shall satisfy the requirement for submission of the
“Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section.
The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section
231 of title 31 of the United States Code.
iii. The contractor or subcontractor shall make the records required under paragraph (a)(3)(i)
of this section available for inspection, copying, or transcription by authorized
representatives of the (write the name of the agency) or the Department of Labor, and shall
permit such representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to make them available,
the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for debarment action pursuant
to 29 CFR 5.12.
Apprentices and trainees—
i. Apprentices. Apprentices will be permitted to work at less than the predetermined rate for
the work they performed when they are employed pursuant to and individually registered
in a bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of Apprenticeship Training, Employer and
Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary employment as an apprentice
in such an apprenticeship program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for
the work actually performed. Where a contractor is performing construction on a project in
a locality other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in the contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at not
less than the rate specified in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the provisions
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of the apprenticeship program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid
in accordance with that determination. In the event the Office of Apprenticeship Training,
Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
ii. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to
and individually registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Hour Division determines
that there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration
shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any trainee performing work on the
job site in excess of the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work actually performed.
In the event the Employment and Training Administration withdraws approval of a training
program, the contractor will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable program is
approved.
iii. Equal employment opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements
of Executive Order 11246, as amended, and 29 CFR part 30.
Compliance with Copeland Act requirements. The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the (write in the name of the
Federal agency) may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for the compliance by any subcontractor or lower tier subcontractor with all the
contract clauses in 29 CFR 5.5.
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Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds
for termination of the contract, and for debarment as a contractor and a subcontractor as provided
in 29 CFR 5.12.
Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of
the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
Disputes concerning labor standards. Disputes arising out of the labor standards provisions of
this contract shall not be subject to the general disputes clause of this contract. Such disputes shall
be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts
5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or
any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
Certification of eligibility.
i. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any
person or firm who has an interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of
a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1).
iii. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001.
Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the
contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of
this section in full in any contract in an amount in excess of $100,000 and subject to the overtime
provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in
addition to the clauses required by § 5.5(a) or 4.6 of part 4 of this title. As used in this paragraph,
the terms laborers and mechanics include watchmen and guards.
i. Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
ii. Violation; liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in paragraph (b)(1) of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with respect
to each individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for
each calendar day on which such individual was required or permitted to work in excess of
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the standard workweek of forty hours without payment of the overtime wages required by
the clause set forth in paragraph (b)(1) of this section.
iii. Withholding for unpaid wages and liquidated damages. Pittsylvania County shall upon
its own action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally-assisted contract subject to
the Contract Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as provided in the
clause set forth in paragraph (b)(2) of this section.
iv. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
In addition to the clauses contained in paragraph (b), in any contract subject only to the
Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in §
5.1, the Agency Head shall cause or require the contracting officer to insert a clause
requiring that the contractor or subcontractor shall maintain payrolls and basic payroll
records during the course of the work and shall preserve them for a period of three years
from the completion of the contract for all laborers and mechanics, including guards and
watchmen, working on the contract. Such records shall contain the name and address of
each such employee, social security number, correct classifications, hourly rates of wages
paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
Further, the Agency Head shall cause or require the contracting officer to insert in any such
contract a clause providing that the records to be maintained under this paragraph shall be
made available by the contractor or subcontractor for inspection, copying, or transcription
by authorized representatives of the (write the name of agency) and the Department of
Labor, and the contractor or subcontractor will permit such representatives to interview
employees during working hours on the job.
Recycled Products – 42 U.S.C. 6962
The Recycled Products requirements apply to all contracts for items designated by the EPA, when
COG or the CONTRACTOR procures $10,000 or more of one of these items during the fiscal year, or
has procured $10,000 or more of such items in the previous fiscal year, using federal funds.
The CONTRACTOR agrees to comply with all requirements of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to
regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the
procurement of the items designated in Subpart B of 40 CFR Part 247.
Clean Water Requirements – 33 U.S.C. 1251 et seq.
d. The CONTRACTOR agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended. The
CONTRACTOR agrees to report each violation to COG and understands and agrees that
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COG will, in turn, report each violation as required to assure notification to appropriate
federal agencies including the appropriate EPA Regional Office.
e. The CONTRACTOR also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance.
Clean Air – 42 U.S.C. 7401 et seq
The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite
quantities where the amount is expected to exceed $100,000 in any year.
1. The CONTRACTOR agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The
CONTRACTOR agrees to report each violation to COG and understands and agrees that
COG will, in turn, report each violation as required to assure notification to the funding
federal agency, if any, and the appropriate EPA regional office.
2. The CONTRACTOR also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance.
Recycled Products – 42 U.S.C. 6962
The Recycled Products requirements apply to all contracts for items designated by the EPA, when
COG or the CONTRACTOR procures $10,000 or more of one of these items during the fiscal year, or
has procured $10,000 or more of such items in the previous fiscal year, using federal funds.
The CONTRACTOR agrees to comply with all requirements of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to
regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the
procurement of the items designated in Subpart B of 40 CFR Part 247.
Program Fraud and False or Fraudulent Statements and Related Acts – 31 U.S.C. 3801 et seq.
a. The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil
Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et. seq. and all appropriate federal
agency regulations apply to its actions pertaining to this Project. Upon execution of the
underlying contract, the CONTRACTOR certifies or affirms the truthfulness and accuracy
of any statement it has made, it makes, it may make, or causes to be made, pertaining to
the underlying contract of the Federally assisted project for which this contract work is
being performed. In addition to other penalties that may be applicable, the
CONTRACTOR further acknowledges that if it makes, or caused to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the CONTRACTOR or to the extent the Federal Government
deems appropriate.
b. The CONTRACTOR also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance, the Federal Government reserves the right to impose the
penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the CONTRACTOR, to the
extent the Federal Government deems appropriate.
c. The CONTRACTOR agrees to include the above two clauses in each subcontract financed
in whole or in part with Federal assistance. It is further agreed that the clause shall not
be modified, except to identify the subcontractor who will be subject to the provisions.
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Patent and Rights in Data
A. Rights in Data - The following requirements apply to each contract involving experimental,
developmental or research work:
(1) The term "subject data" used in this clause means recorded information, whether or not
copyrighted, that is delivered or specified to be delivered under the contract. The term includes
graphic or pictorial delineation in media such as drawings or photographs; text in specifications or
related performance or design-type documents; machine forms such as punched cards, magnetic
tape, or computer memory printouts; and information retained in computer memory. Examples
include, but are not limited to: computer software, engineering drawings and associated lists,
specifications, standards, process sheets, manuals, technical reports, catalog item identifications,
and related information. The term "subject data" does not include financial reports, cost analyses,
and similar information incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the performance of the
contract to which this Attachment has been added:
(b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Government reserves a
royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to
authorize others to use, for "Federal Government purposes," any subject data or copyright
described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence,
"for Federal Government purposes," means use only for the direct purposes of the Federal
Government. Without the copyright owner's consent, the Federal Government may not extend its
Federal license to any other party.
1. Any subject data developed under that contract, whether or not a copyright has been
obtained; and
2. Any rights of copyright purchased by the Purchaser or CONTRACTOR using Federal
assistance.
B. Patent Rights - The following requirements apply to each contract involving experimental,
developmental, or research work:
(1) General - If any invention, improvement, or discovery is conceived or first actually reduced to
practice in the course of or under the contract to which this Attachment has been added, and that
invention, improvement, or discovery is patentable under the laws of the United States of America
or any foreign country, the Purchaser and CONTRACTOR agree to take actions necessary to provide
immediate notice and a detailed report to the party at a higher tier until the Federal funding agency
is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing, irrespective of
the CONTRACTOR status (a large business, small business, state government or state
instrumentality, local government, nonprofit organization, institution of higher education,
individual), the Purchaser and the CONTRACTOR agree to take the necessary actions to provide,
through the Federal funding agency, those rights in that invention due the Federal Government as
described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," 37 C.F.R. Part 401.
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(3) The CONTRACTOR also agrees to include the requirements of this clause in each subcontract for
experimental, developmental, or research work financed in whole or in part with Federal
assistance.
Interest of Members of Congress
No member of or delegates to the Congress of the United States shall be admitted to a share or part
of this Contract or to any benefit arising there from.
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Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Revisions to Pittsylvania County Code Section 36-1
(Assessment for Courthouse Construction, Renovation, or Maintenance)
(Staff Contact: J. Vaden Hunt)
Staff Contact(s): J. Vaden Hunt
Agenda Date: May 15, 2018 Item Number: 10.B.5
Attachment(s): Public Hearing Notice
Revisions to PCC Section 36-1
Reviewed By:
SUMMARY:
Pittsylvania County Code (“PCC”) Section 36-1, as authorized by Section 17-281 of the Code of
Virginia, 1950, as amended, establishes monetary assessments for court cases in the various
Pittsylvania County Courts. PCC Section 36-1(A) allows for the assessment of a fee of two
dollars ($2.00) in each civil action filed in the County’s District or Circuit Courts, and each
criminal or traffic case in the County’s District or Circuit Courts for the “construction,
renovation, or maintenance of courthouse or jail and court-related facilities, and to defray
increases in the cost of heating, cooling, electricity, and ordinary maintenance.” PCC Section
36-1(B) allows for the additional assessment of a fee of three dollars ($3.00) in each civil action
(if the amount in controversy is more than $500.00) filed in the County’s Circuit or District
Courts, unless prohibited by law, and each criminal or traffic case in the County’s District or
Circuit Courts, unless prohibited by law, since the Pittsylvania County Courthouse Complex (the
“Complex”) has been certified by the Department of General Services (the “Department ”), upon
application to the Department by the County, to not be in compliance with the current safety and
security guidelines contained in the Virginia Courthouse Facility Guidelines, and said Complex
cannot be feasibly renovated to correct such non-compliance.
The following revisions to PCC Section 36-1 have been recommended by the Supreme Court of
Virginia:
• Insert “unless prohibited by law” to the first sentence of PCC Section 36-1(C);
• Remove “and” and insert “or” from/to the first sentence of PCC Section 36-1(C);
• Insert “not” into the second sentence in PCC Section 36-1(C); and
• Change the effective date of PCC Section 36-1 to June 1, 2018 in PCC Section 36-1(E).
FINANCIAL IMPACT AND FUNDING SOURCE:
The PCC Section 36-1 assessment fees will be collected by the County’s Clerk of Court and
turned over to the County’s Treasurer to be deposited in the Courthouse Maintenance Fund.
10.B.5
Packet Pg. 314
RECOMMENDATION:
County Staff recommends the Board of Supervisors, following the holding of the legally required
public hearing, adopt the revisions to PCC Section 36-1 as presented.
MOTION:
“I make a Motion to adopt the revisions to Pittsylvania County Code Section 36-1 as presented.”
10.B.5
Packet Pg. 315
PUBLIC HEARING NOTICE
The Board of Supervisors of Pittsylvania County, Virginia, will hold a public hearing on Tuesday,
May 15, 2018, at 7:00 p.m., in the General District Courtroom of the Edwin R. Shields Courtroom
Addition in Chatham, Virginia, 24531, to receive citizen input on proposed amendments to the
Pittsylvania County Code (“PCC”) § 36-1, specifically revising PCC § 36-1(C) making the
courthouse assessment fee inapplicable in civil actions with amounts of controversies of $500.00
or less, and revising PCC § 36-1(E) changing the Ordinance’s effective date to June 1, 2018. A
full text of the proposed PCC amendment is available in the Office of the County Administrator,
Captain Martin Building, 1 Center Street, Chatham, Virginia, on Monday through Friday, from
8:00 a.m. to 5:00 p.m., as well as on the County’s website at www.pittsylvaniacountyva.gov.
10.B.5.a
Packet Pg. 316 Attachment: Public Hearing Notice (1144 : Public Hearing; Revisions to Pittsylvania County Code Section 36-1)
CHAPTER 36
FEE ASSESSEMENT
SEC. 36-1. ASSESSMENT FOR COURTHOUSE CONSTRUCTION, RENOVATION,
OR MAINTENANCE.
A. As authorized by Section 17.1-281(A) of the Code of Virginia, 1950, as amended, there
shall be assessed a fee of two dollars ($2.00) as part of the costs in (i) each civil action filed
in the district or circuit courts located in Pittsylvania County, Virginia, and (ii) each
criminal or traffic case in the district or circuit courts located in Pittsylvania County,
Virginia, in which the defendant is charged with a violation of any statute or ordinance.
B. As authorized by Section 17.1-281(B) of the Code of Virginia, 1950, as amended, the fees
established in Section A of this Ordinance shall be collected by the Clerk of the Court in
which the action is filed and remitted to the County Treasurer, and held by such Treasurer,
subject to disbursement by the Board of Supervisors of Pittsylvania County, Virginia, for
the construction, renovation, or maintenance of courthouse or jail and court-related
facilities, and to defray increases in the cost of heating, cooling, electricity, and ordinary
maintenance.
C. As authorized by Section 17.1-281(C) of the Code of Virginia, 1950, as amended, since
the Pittsylvania County Courthouse Complex (“Complex”) has been certified by the
Department of General Services (“Department”), upon application to the Department by
the County, to not be in compliance with the current safety and security guidelines
contained in the Virginia Courthouse Facility Guidelines, and said Complex cannot be
feasibly renovated to correct such non-compliance, there shall be an additional fee of three
dollars ($3.00) assessed as part of the costs in (i) each civil action filed in the district and
or circuit courts in Pittsylvania County, Virginia, unless prohibited by law, and (ii) each
criminal or traffic case in the district and circuit courts in Pittsylvania County, Virginia,
which the defendant is charged with a violation of any statute or ordinance, unless
prohibited by law. Such additional fee assessed under this subsection shall not be assessed
in any civil action if the amount in controversy is five hundred dollars ($500.00) or less,
unless prohibited by law.
D. As authorized by Section 17.1-281(D) of the Code of Virginia, 1950, as amended, any fees
collected under Section C of this Ordinance shall be collected by the Clerk of the Court in
which the action is filed, remitted to the County Treasurer, and held by s uch Treasurer
subject to disbursements by the Board of Supervisors of Pittsylvania County, Virginia,
solely for the construction, reconstruction, renovation of, or adaptive re-use of a structure
for a courthouse.
E. This Ordinance shall become effective JuneApril 15, 2018.
10.B.5.b
Packet Pg. 317 Attachment: Revisions to PCC Section 36-1 (1144 : Public Hearing; Revisions to Pittsylvania County Code Section 36-1)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: Solid Waste Enterprise Fund Budget Amendment (Staff
Contact: Kimberly G. Van Der Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: May 15, 2018 Item Number: 10.B.6
Attachment(s): NOTICE OF PUBLIC HEARING-COUNTY AMENDED-5.15.18
Budget Resolution 2018-05-01
Reviewed By:
SUMMARY:
Virginia Code § 15.2-2507 states that [a]ny locality may amend its budget to adjust the aggregate
amount to be appropriated during the current fiscal year as shown in the currently adopted
budget as prescribed by section 15.2-2504. However, any such amendment which exceeds one
percent of the total expenditures shown in the currently adopted budget must be accomplished by
publishing a notice of a meeting and a public hearing once in a newspaper having general
circulation in that locality at least seven days prior to the meeting date.” This Public Hearing
was advertised in The Chatham Star Tribune on May 2, 2018, which satisfied the seven (7)-day
requirement for tonight’s Public Hearing.
FINANCIAL IMPACT AND FUNDING SOURCE:
The Pittsylvania County Board of Supervisors (the “Board of Supervisors”) adopted the FY2019
County Budget at its 4/17/18 Business Meeting totaling $183,762,465. Said Budget did not
include the Solid Waste Enterprise Fund at that time, and must be included in the FY2019
County Budget prior to July 1st to continue Landfill operations. Said amendments total
$4,073,940, and are to be funded primarily by the collection of the one-hundred twenty dollar
($120) solid waste fee to be collected annually on each inhabitable dwelling in the County.
RECOMMENDATION:
After conducting the legally required Public Hearing, County S taff recommends that the Board
of Supervisors approve and appropriate a total of $4,073,940 to the FY2018-2019 County
Budget with establishment of a Solid Waste Enterprise Fund as outlined in the attached
advertisement.
MOTION:
“I make a Motion to approve and appropriate a total of $4,073,940 to the FY2018-2019 County
Budget and to approve Budget Resolution 2018-05-01.”
10.B.6
Packet Pg. 318
NOTICE OF PUBLIC HEARING
Pursuant to §15.2-2507, Code of Virginia, 1950, as amended, the Pittsylvania County
Board of Supervisors will hold a public hearing on Tuesday, May 15, 2018, at 7:00 p.m.,
in the General District Courtroom, located on the second floor of the Edwin R. Shields
Courthouse Addition, at 11 Bank Street, Chatham, Virginia, 24531, to hear citizen input
on proposed amendments to the FY 2019 County Budget with the re-establishment of the
Landfill Enterprise Fund. The Landfill Enterprise Fund shall be substantially funded by
an annual per household solid waste fee. A complete copy of said amendments are available
for public examination at the County Administrator’s Office, 1 Center Street, Chatham,
Virginia, 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., and on the County’s
website at: www.pittsylvaniacountyva.gov.
Proposed
Budget
Amendments
2018 - 2019
REVENUES
Current Budgeted Revenues $ 183,762,465.00
Landfill Enterprise Fund Revenues:
Solid Waste Fees 347,000.00
Solid Waste Fees-Per Household 3,080,538.00
Solid Waste Fees-Per Household-Delinquent 5,000.00
Carryover 641,402.00
Proposed Amended Revenues $ 187,836,405.00
EXPENDITURES
Current Budgeted Expenditures $ 183,762,465.00
Landfill Enterprise Fund Expenditures:
Solid Waste Collections 1,162,714.00
Solid Waste Disposal 882,924.00
Solid Waste-Capital Outlay 951,986.00
Landfill-Capital Outlay 409,889.00
Lease Revenue Capital Improvements 350,000.00
Debt & Interest 316,427.00
Proposed Amended Expenditures $ 187,836,405.00
10.B.6.a
Packet Pg. 319 Attachment: NOTICE OF PUBLIC HEARING-COUNTY AMENDED-5.15.18 (1167 : Public Hearing-Solid Waste Enterprise Fund Budget
Presented: May 15, 2018
Adopted: May 15, 2018
RESOLUTION 2018-05-01
VIRGINIA: At the regular meeting of the Pittsylvania County Board of
Supervisors on Tuesday, April 17, 2018 in the General District Courtroom in the Edwin
R. Shields Courthouse Addition in Chatham, Virginia, the annual budget for Fiscal Year
2019 was presented, adopted and appropriated in the total amount of $183,762,462.
WHEREAS, the adopted budget did not include funds for the operation of the
landfill and
WHEREAS, the Board of Supervisors in Section 28 of the approved budget
resolution from April 17, 2018 directed the County Administrator to develop and
advertise the creation of a Solid Waste Enterprise Fund as a cost center for the collection
and disposal of solid waste as outlined in the Pittsylvania County Code Chapter 17
Article III titled Solid Waste Disposal Fee and
WHEREAS, the revenue for the Solid Waste Enterprise Fund shall be largely
generated by an annual fee of $120 per habitable dwelling and
WHEREAS, a public hearing has been properly advertised and held at tonight’s
meeting, in accordance with the state statute as shown by the affidavit of the publisher;
BE IT HEREBY RESOLVED, by the Board of Supervisors of the County of
Pittsylvania, that there be hereby adopted and appropriated an amended budget for Fiscal
Year 2019, the full and complete budget is contained in the document entitled:
"PITTSYLVANIA COUNTY ADOPTED BUDGET"
FISCAL YEAR 2019
JULY 1, 2018 - JUNE 30, 2019
TOTALING: $ 187,836,405
BE IT FURTHER RESOLVED, that the estimated budget total of $187,836,405
includes a total of $4,073,940 for the re-establishment of a Solid Waste Enterprise Fund,
which is to be substantially funded by the implementation of the Solid Waste Household
Fee as shown in Exhibit A and Exhibit B of this resolution. This fee shall be assessed
annually and set by the Board of Supervisors during the budget process. This fee shall be
published in the budget resolution each year and collected by the Treasurer on an annual
basis.
10.B.6.b
Packet Pg. 320 Attachment: Budget Resolution 2018-05-01 (1167 : Public Hearing-Solid Waste Enterprise Fund Budget Amendment)
BE IT STILL FURTHER RESOLVED, that the unit tax levy for the year
commencing January 1, 2018 shall be as follows:
Solid Waste Household Fee: $120 per habitable dwelling
AND BE IT FURTHER RESOLVED by the Pittsylvania County Board of
Supervisors that, for the fiscal year beginning on July 1, 2018, and ending on June 30,
2019, the following sections are hereby adopted.
Section 1. The Solid Waste Household Fee shall be collected annually and
accounted for in the Solid Waste Enterprise Fund and can only be
used to fund solid waste operations.
Section 2. The Board of Supervisors directs the County Administrator to
develop and implement a solid waste collection enforcement
program to eliminate inappropriate use of collection centers.
Section 3. The Board of Supervisors respectfully encourages the Sheriff to
work with the County Administrator in solid waste enforcement
activities and seek all reasonable remedy including civil and
criminal charges to eliminate solid waste collection system abuse.
Section 4. It is requested that the County Administrator propose improved
recycling opportunities for Pittsylvania County citizens.
Section 5. This resolution shall be included with the original budget
documents dated April 17, 2018.
Section 6. This resolution shall be effective on July 1, 2018.
Given under my hand this day May 15, 2018.
____________________________________
Robert W. Warren, Chairman
Pittsylvania County Board of Supervisors
____________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
10.B.6.b
Packet Pg. 321 Attachment: Budget Resolution 2018-05-01 (1167 : Public Hearing-Solid Waste Enterprise Fund Budget Amendment)
EXHIBIT A
May 15, 2018
TOTAL
ADOPTED ADOPTED
BUDGET BUDGET
ENVIRONMENTAL PRESERVATION
AND PROTECTION:
Solid Waste Collections 1,162,714
Solid Waste Disposal 882,924
Total Environmental Preservation
and Protection 2,045,638
CAPITAL INVESTMENTS:
Debt & Interest-Landfill Fund 316,427
Solid Waste - Capital Outlay 951,986
Landfill - Capital Outlay 409,889
Lease Revenue Bonds-Tax Exempt Landfill Projects 350,000
Total Capital Investments 2,028,302
GRAND TOTAL ALL EXPENDITURES 4,073,940$
COST CENTERS
APPROPRIATIONS RESOLUTION, EXHIBIT A
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
EXPENDITURES BY COST CENTERS
FOR FY 2019
10.B.6.b
Packet Pg. 322 Attachment: Budget Resolution 2018-05-01 (1167 : Public Hearing-Solid Waste Enterprise Fund Budget Amendment)
EXHIBIT B
May 15, 2018
APPROPRIATIONS RESOLUTION, EXHIBIT B
REVENUES BY FUND
FOR FY 2019
Total
Adopted
Budget
REVENUES
Local Funds 3,432,538
Carryovers 641,402
GRAND TOTAL ALL REVENUES $4,073,940
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
10.B.6.b
Packet Pg. 323 Attachment: Budget Resolution 2018-05-01 (1167 : Public Hearing-Solid Waste Enterprise Fund Budget Amendment)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Letter of Agreement: Tobacco Grant; Cane Creek Centre Shell Building
(Staff Contact: Gregory L. Sides)
Staff Contact(s): Gregory L. Sides
Agenda Date: May 15, 2018 Item Number: 12.a
Attachment(s): Grant Agreement
Grantee Letter of Authorization
Reviewed By:
SUMMARY:
On January 9, 2018, the Tobacco Region Revitalization Commission (the “Commission”)
approved a Grant to: “acquire, construct, improve, equip, furnish and/or otherwise undertake the
project entitled Cane Creek Centre Shell Building.” The Commission approved the Grant in the
amount of $1,500,000. This Grant is intended to address the serious shortage of advanced
manufacturing buildings, specifically by constructing a new building on an existing graded pad
in the RIFA-owned Cane Creek Centre Industrial Park. Pittsylvania County, Virginia (the
“County”), as the Grant recipient, is required to sign and return the attached Commission’s Letter
of Agreement.
FINANCIAL IMPACT AND FUNDING SOURCE:
This Project will utilize private funds as the match to Commission funding. The private entity
will finance the non-Commission costs for up to five (5) years, with the County paying an agreed
upon yearly lease payment. If the shell building is not acquired by a company in the initial five
(5) year period, the County will be obligated to purchase the shell building at the remaining
agreed upon cost. As fiscal agents of this Grant, the Grant amount will need to be appropriated
to the Industrial Development Fund in the amount $1,500,000.
RECOMMENDATION:
County Staff recommends that the Board of Supervisors approve the attached Grant Agreement
documents.
MOTION:
“I make a Motion that the County accept and appropriate the Cane Creek Ce ntre Shell Building
Grant in the amount of $1,500,000 from the Tobacco Region Revitalization Commission to the
Industrial Development Fund, and authorize the County Administrator to sign all necessary
documents.”
12.a
Packet Pg. 324
Tobacco Region Revitalization Commission Page - 1 - rev. 12/2017
LETTER OF AGREEMENT - GRANT FUNDS – RESTRICTED FUNDS - UNRELATED
This Grant Agreement (this “Agreement”) made and entered the 9th day of January, 2018 (the
“Award Date”), by and between the Tobacco Region Revitalization Commission, a body
corporate and political subdivision of the Commonwealth of Virginia (the “Commission”), and
Pittsylvania County. (the “Grantee”).
WITNESSETH:
WHEREAS, the Virginia General Assembly created the Commission to, among other
things, stimulate the economic growth and development of tobacco-dependent communities in the
Southside and Southwest regions (the “Region”) of the Commonwealth of Virginia (the
“Commonwealth”), and
WHEREAS, the Grantee has submitted an application, which by this reference is
incorporated herein and made a part of this Agreement (the “Application”), to the Commission for
funding to acquire, construct, improve, equip, furnish and/or otherwise undertake the project
entitled Cane Creek Centre Shell Building described on Exhibit A attached hereto (the
“Project”), and
WHEREAS, the Commission, in reliance upon the information set forth in the
Application, has determined that the Project benefits the Region and is consistent with and in
furtherance of the Commission’s public purposes and approved a grant to the Grantee in the
amount of $1,500,000.00 (the “Grant”) to fund the Project, the approval and funding of such Grant
the Commission has determined constitutes a valid public purpose for the expenditure of public
funds and is the animating purpose for the Grant, and
WHEREAS, the Commission and the Grantee desire to set forth their understanding and
agreement as to the use of the Grant and the obligations of the Grantee regarding the use of the
Grant,
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises
and undertakings of the parties to this Agreement, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby represent,
warrant, covenant and agree as follows:
1. Definitions. The following capitalized terms used in this Agreement have the
meanings set forth below:
“Authorized Expenditures” means the expenditures to be paid by or on behalf of, or
reimbursed to, the Grantee in connection with the Grant as set forth in the Project Budget.
TRRC OFFICE USE ONLY
Grant # 3352
12.a.a
Packet Pg. 325 Attachment: Grant Agreement (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell Bldg.)
Tobacco Region Revitalization Commission Page - 2 - rev. 12/2017
“Capital Expenditure” means any cost of a type that is properly chargeable to capital
account (or would be so chargeable with (or but for) a proper election or the application of the
definition of “placed in service” under Treas. Regs. §1.150-2(c)) under general federal income tax
principles, determined at the time the expenditure is paid.
“Commission-Related Party” means a Person that is a Related Party to the Commission,
the Issuer or the Commonwealth.
“Controlled Group” means a group of entities controlled directly or indirectly by the same
entity or group of entities within the meaning of this definition.
(i) The determination of direct control is made on the basis of all the relevant
facts and circumstances. One entity or group of entities (the controlling entity) generally
controls another entity or group of entities (the controlled entity) for purposes of this
definition if the controlling entity possesses either of the following rights or powers and
the rights or powers are discretionary and non-ministerial—
(A) The right or power both to approve and to remove without cause a
controlling portion of the governing body of the controlled entity; or
(B) The right or power to require the use of funds or assets of the
controlled entity for any purpose of the controlling entity.
(ii) If a controlling entity controls a controlled entity under the test set forth in
paragraph (i) of this definition, then the controlling entity also controls all entities
controlled, directly or indirectly, by the controlled entity or entities.
(iii) An entity is not a controlled entity under paragraph (i) of this definition if
the entity possesses substantial taxing, eminent domain, and police powers. For example,
a city possessing substantial amounts of each of these sovereign powers is not a controlled
entity of the state (Commonwealth).
“501(c)(3) Organization” means any Person described in Section 501(c)(3) of the Tax
Code and exempt from tax under Section 501(a) of the Tax Code.
“Governmental Person” means a state or local governmental unit as defined in Treas.
Regs. § 1.103-1 or any instrumentality thereof. The federal government and its agencies and
instrumentalities are not Governmental Persons.
“Issuer” means the Tobacco Settlement Financing Corporation, a public body corporate
and an independent instrumentality of the Commonwealth.
“Loan” means any transaction that is generally characterized as a loan for federal income
tax purposes. A Loan may arise from the direct lending of money or may arise from transactions
in which indirect benefits that are the economic equivalent of a loan are conveyed within the
meaning of Treas. Regs. § 1.141-5. Certain leases, management contracts and other contractual
arrangements and certain prepayments for property or services may constitute Loans under Treas.
Regs. § 1.141-5.
12.a.a
Packet Pg. 326 Attachment: Grant Agreement (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell Bldg.)
Tobacco Region Revitalization Commission Page - 3 - rev. 12/2017
“Person” means any natural person, firm, joint venture, association, partnership, business
trust, corporation, limited liability company, corporation or partnership, or any other entity
(including a governmental entity).
“Related Person” shall have the meaning set forth in Section 144(a)(3) of the Tax Code.
For purposes of Section 144(a)(3) of the Tax Code, a Person is a Related Person to another
Person if—
(A) the relationship between such Persons would result in a disallowance of
losses under Section 267 or 707(b) of the Tax Code, or
(B) such persons are members of the same controlled group of corporations (as
defined in Section 1563(a) of the Tax Code, except that “more than 50 percent” shall be
substituted for “at least 80 percent” each place it appears therein).
“Tax Code” means the Internal Revenue Code of 1986, as amended, and the applicable
provisions of the regulations of the U.S. Department of Treasury promulgated thereunder.
“Tobacco Bonds” means the Tobacco Settlement Asset-Backed Bonds, Series 2005,
which were issued by the Issuer on May 16, 2005, and have a stated final maturity date of June 1,
2037, and the Tobacco Settlement Asset-Backed Bonds, Series 2007 B, C, and D which were
issued by the Issuer on May 3, 2007, and have a stated final maturity date of June 1, 2047.
Working Capital Expenditure” means any cost that is not a Capital Expenditure.
Generally, current operating expenses are Working Capital Expenditures.
2. Source of Grant Funds; Reliance. The Grantee represents that it understands that
the Grant funds are derived from the proceeds of the Tobacco Bonds, the interest on which must
remain excludible from gross income for federal income tax purposes (that is, “tax -exempt”)
pursuant to both (i) Virginia law and (ii) contractual covenants made by the Commission, the Issuer
and the Commonwealth for the benefit of the owners of the Tobacco Bonds. The Grantee further
represents that (a) the undersigned authorized representative of the Grantee has been informed of
the purpose and scope of Sections 103 and 141-150 of the Tax Code as they relate to the Tobacco
Bonds and the Grant, and (b) the representations and warranties contained in this Section and
throughout this Agreement can be relied on by the Commission, the Issuer and bond counsel for
the Commission and Issuer in executing certain documents and rendering certain opinions in
connection with the Tobacco Bonds.
3. Nature of Grantee. The Grantee represents that it is neither a Commission-Related
Party nor an agent of the Issuer, the Commission or the Commonwealth. A true, correct and
complete copy of the Grantee’s charter, articles of incorporation or similar governing instrument
is attached hereto as Exhibit D and is in full force and effect on the date hereof. If the Grantee is
a 501(c)(3) Organization, a copy of its IRS determination letter shall also be attached as part of
Exhibit D hereto. The Grantee will not make any changes to its governing documents or structure,
funding or operations during the term of the Tobacco Bonds that would or may cause the Grantee
to become a Commission-Related Party or an agent of the Issuer, the Commission or the
Commonwealth.
12.a.a
Packet Pg. 327 Attachment: Grant Agreement (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell Bldg.)
Tobacco Region Revitalization Commission Page - 4 - rev. 12/2017
4. Project and Budget; Nature of Authorized Expenditures. The Grantee agrees to use
the Grant for that portion of the Project not being paid from other sources as set forth in the budget
for the Project attached hereto as Exhibit B (the “Project Budget”). No portion of the Grant shall
be used by the Grantee for any purpose whatsoever other than to pay or to reimburse Authorized
Expenditures with respect to the Project without the prior written approval of the Executive
Director of the Commission (the “Executive Director”). No material changes shall be made in the
scope of the Project or to the Project Budget without the prior written approval of the Executive
Director. Any document signed by the Executive Director accepting a change in the scope of the
Project or to the Project Budget shall set forth with specificity the accepted change. If the maximum
authorized amount of the Grant exceeds the amount necessary to complete the Project, the excess
shall not be disbursed to the Grantee but shall remain with the Commission or, if previously
disbursed, be returned to the Commission within thirty (30) days of the earlier of the completion
of the Project or the expiration of this Agreement.
The Grantee represents, warrants and covenants as follows:
(a) All Authorized Expenditures will be Capital Expenditures. No Authorized
Expenditure will be a Working Capital Expenditure.
(b) Other than as described in Sections 12 and 13 below, the Grant does not
impose on the Grantee any obligation or condition to directly or indirectly repay any
amount (in cash, property or services or otherwise) to the Commission, the Issuer, the
Commonwealth or any Commission-Related Party.
(c) No Authorized Expenditure will represent, nor will the Grant involve, the
use by the Grantee of any portion of the Grant funds, directly or indirectly, (i) to make or
finance a grant or a Loan to a Commission-Related Party or (ii) to refund, redeem or pay
debt service on the debt obligations (including without limitation any tax -exempt bonds)
of the Grantee or any other Person.
(d) No part of the assets to be financed by the Grant will be used by the
Commission, the Issuer, the Commonwealth or other Commission-Related Party pursuant
to a lease, a management or service contract, output contract, or pursuant to any other
arrangement conveying special legal entitlements for the use of such assets that is
comparable to a lease, a management or service contract or an output contract, such as an
arrangement conveying priority rights to the use or capacity of a Grant-financed asset.
The average reasonably expected economic life of the assets to be financed by the Grant is
set forth in Exhibit D attached hereto.
The Grantee agrees to cause the Project to be acquired, constructed, improved, equipped,
furnished and/or otherwise undertaken as described in Exhibit A and will cause the Project to be
completed on or before the expiration of this Agreement. The Grantee represents and warrants
that Grant funds and funds available from the other sources specified in the Project Budget will be
sufficient to cause the Project to be completed.
12.a.a
Packet Pg. 328 Attachment: Grant Agreement (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell Bldg.)
Tobacco Region Revitalization Commission Page - 5 - rev. 12/2017
The Grantee agrees to comply with any applicable governmental requirements pertaining
to the Project and the use and application of Grant funds provided hereunder, including but not
limited to, applicable requirements of the Virginia Public Procurement Act (Virginia Code Section
2.2-4300 et seq., as amended) but only as and to the extent required by any such governmental
requirements, and the Commission shall not in any way be responsible for determining the extent,
to which any such governmental requirements apply to this Grantee.
5. Payment of Grant Funds. Subject to the terms of this Agreement, including but not
limited to, satisfaction by the Grantee, in the sole discretion of the Commission, of the conditions
set forth on Exhibit C attached hereto, the Grant shall be disbursed to the Grantee on a
reimbursement basis upon submission of a signed payment request on the Commission’s then
current form (“Payment Request Form”) with adequate supporting documentation. The Grantee
agrees to comply with the Commission’s General Funding Policies, Grant Disbursement
Guidelines and Guidelines for Advance of Funds as adopted by the Commission as in effect from
time to time and applied in the sole discretion of the Commission. Expenses incurred prior to the
Award Date are not eligible for reimbursement. Prior to any disbursement, the Commission shall
have on record documentation from the Grantee designating the officers, employees or agents
authorized to make a reimbursement request (such documentation may be in the form of a
resolution or minutes of the Grantee appointing such designee). Reimbursement requests shall be
submitted not more frequently than quarterly, unless the Commission otherwise agrees.
Appropriate supporting documentation shall be attached to all Payment Request Forms and may
include, but is not limited to, invoices from goods purchased and services performed, receipts,
vouchers, reporting forms or other evidence of the actual payment of costs related to the Project
and consistent with the Project Budget. The Grantee shall also provide appropriate supporting
documentation of the expenditure and application of any required matching funds for the Project
as set forth on Exhibit C attached hereto. The Commission may in its sole discretion refuse to
make a disbursement if the documentation is not adequate or if such disbursement does not appear
to be within the Project Budget or otherwise contrary to or in violation of the provisions hereof.
The Commission in its sole discretion may refuse to disburse any funds to the Grantee if the
Grantee has previously received a grant award and a final grant report for the previous grant award
has not been received by the Commission.
The Grantee may request in writing an advance of up to twenty-five percent (25%) of the Grant
if the Grantee lacks sufficient funds to commence the Project. Approval of such request shall be
in the sole discretion of the Commission and shall be available no earlier than ninety days (90)
prior to the start of the Project. If an advance is disbursed, the Grantee may request additional
disbursements only upon submission of signed Payment Request Forms with adequate
documentation demonstrating the use of the advance in accordance with the provisions of this
Agreement.
6. Quality of Work. The Commission, and its members, employees and agents, shall
have the right to inspect the Project at reasonable times from time to time. Upon a determination
that the quality of work done or the progress toward completion of the Project is unsatisfactory,
the Commission may take whatever action is necessary to preserve the integrit y of the Grant and
its original intended purpose, including but not limited to, the actions set forth in Section 12 of this
12.a.a
Packet Pg. 329 Attachment: Grant Agreement (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell Bldg.)
Tobacco Region Revitalization Commission Page - 6 - rev. 12/2017
Agreement. The Project may be monitored through on -site visits by representatives of the
Commission or in any other manner deemed appropriate by the Executive Director.
7. Parties’ Relationship. In connection with the award or the administration of the Grant,
the Commission does not and shall not assume any liability for any financial or other obligations
of the Grantee made to third parties, whether or not related to the Project. The Grantee shall
provide written notice to all vendors, contractors and any other party retained to work on the
Project that neither the Commission nor the Commonwealth shall be liable for the Project or any
payment failure or other obligation related thereto. Such written notice shall provide that by
accepting work on the Project, all such vendors, contractors and other parties release and relinquish
the Commission and the Commonwealth from any claim which might otherwise be asserted, and
that each party accepting such work thereby indemnifies and holds the Commission, and its
members, employees and agents, harmless against any and all such obligations; and further, that if
any action is brought against the Commission, or its members, employees or agents, the party
accepting such work shall be liable for all legal expenses and other costs related to such action.
The Grantee is and will be acting as an independent contractor in the performance of the Project,
and agrees to be responsible, where found liable and to the extent not covered by insurance or
specified by statute, for the payment of any claim for loss, personal injury, death, property damage,
or otherwise arising out of any act or omission of its members, employees or agents in connection
with the performance of the Project. Nothing contained herein shall be deemed an express or
implied waiver of the sovereign immunity of the Commission or the Commonwealth.
The Grantee shall at all times protect, indemnify and hold the Commission, the Issuer, the
Commonwealth and the owners of the Tobacco Bonds, and their respective members, directors,
officers, employees, attorneys and agents (the “Indemnitees”), harmless against any and all
liability, losses, damages, costs, expenses, penalties, taxes, causes of action, suits, claims, demands
and judgments of any nature arising from or in connection with any misrepresentation, breach of
warranty, noncompliance or default by or on behalf of the Grantee under this Agreement,
including, without limitation, all claims or liability (including all claims of and liability to the
Internal Revenue Service) resulting from, arising out of or in connection with the loss of the
excludability from gross income of the interest on all or any portion of the Tobacco Bonds that
may be occasioned by any cause whatsoever pertaining to such misrepresentation, breach,
noncompliance or default, such indemnification to include the reasonable costs and expenses of
defending any Indemnitee or investigating any claim of liability and other reasonable expenses
and attorneys’ fees incurred by any Indemnitee in connection therewith.
8. Recordkeeping. The Grantee shall maintain proper books of record and account with
respect to the Grant and the Project in which accurate and timely entries shall be made in
accordance with generally accepted accounting principles, consistently applied, during the term of
this Agreement. Grant funds shall be held in a separate and segregated account (the “Fund”) and
the Fund shall reflect all activity of the Grant funds received for the Project, itemized by category
of expenses in the same manner as in the Project Budget. The Grantee shall retain all invoices from
goods purchased and services performed, receipts, vouchers, reporting forms or other evidence of
the actual payment of costs related to the Project. All books of record and account and all records
of receipts and expenditures with respect to the Grant and the Project and copies of Payment
Request Forms with supporting documentation and annual and final reports submitted to the
Commission shall be retained for at least three (3) years after the later of the completion of the
12.a.a
Packet Pg. 330 Attachment: Grant Agreement (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell Bldg.)
Tobacco Region Revitalization Commission Page - 7 - rev. 12/2017
Project or the expiration of this Agreement. The Commission, and its members, employees and
agents, shall have the right at reasonable times from time to time to inspect and make copies of the
books and records of the Grantee and the Fund.
9. Annual Reports. The Grantee shall submit to the Commission annual financial and
narrative reports reflecting activity in the Fund and progress made toward completion of the
Project. Annual financial reports shall be presented on the Commission’s grant reporting form
then in effect (the “Grant Reporting Form”). Annual narrative reports shall indicate the progress
made toward achieving the goals of the Grant and shall be submitted with the Grant Reporting
Form. Annual reports shall be due one year from the Award Date and annually thereafter until the
Project is complete. The Commission reserves the right to request additional information to
supplement the information provided in the Grant Reporting Form or the annual narrative reports,
including but not limited to, the Grantee’s audited financial statements.
10. Final Report. The Grantee shall provide a final financial and narrative report to the
Commission upon submission of the final payment request. The final report shall contain the type
of information contained in the annual reports, including a narrative as to the success of the Project
and a description of the long-term achievements and expectations for the Project. The Commission
may withhold disbursement of the final payment until receipt of a final report that is in all respects
satisfactory to the Commission. After the completion of the Project and expiration of this
Agreement, the Commission may in its sole discretion require additional reporting on the long-
term achievements and expectations of the Project.
11. Interim Reports. In addition to the annual reports and final report required by
Sections 9 and 10 of this Agreement, the Commission may reasonably request that the Grantee
submit additional or interim information from time to time to ensure that the provisions of this
Agreement are properly carried out, administered and enforced.
12. Misuse of Award; Rights of Commission. If the Commission determines that any
part of the Grant has been used for a purpose other than to pay or reimburse Authorized
Expenditures with respect to the Project or that the Grantee has failed to comply with any material
term or condition or obligation of the Grantee in this Agreement, including but not limited to, the
Grantee making in any material respect a false or misleading statement or other written or oral
representation, warranty or statement furnished or made to the Commission in this Agreement, the
Application or otherwise, the Commission in its sole discretion may withhold any further
disbursements to the Grantee and, in addition:
(a) rescind the Grant by written notice to the Grantee, in which event the
Grantee shall be obligated to return to the Commission, within five (5) days following
receipt of such notice, an amount, from legally available funds, equal to all Grant payments
received pursuant to this Agreement, plus interest from the date of receipt of such notice at
the prime rate set forth in the Wall Street Journal on the date of such notice;
12.a.a
Packet Pg. 331 Attachment: Grant Agreement (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell Bldg.)
Tobacco Region Revitalization Commission Page - 8 - rev. 12/2017
(b) require the Grantee to take whatever action at law or in equity the
Commission may direct in order to recover any Grant funds not used for the actual payment
of costs related to the Project and consistent with the Project Budget, and comply with any
procedures that the Commission may direct in order to prevent further improper use of the
Grant;
(c) take any other action as necessary to preserve the integrity of the Grant and
to preserve Grant funds for appropriate uses;
(d) determine that the Grantee is ineligible to receive future grant funding
through the Commission;
(e) withhold any and all disbursements requested by the Grantee from the
Commission under any other grant previously approved by the Commission; and/or
(f) take such judicial action as is necessary to collect any amounts owed,
including legal action for breach of this Agreement, pursuant to this Section or as otherwise
provided in this Agreement.
The Commission reserves the right to modify or withhold any disbursement of Grant funds
if the Commission in its sole discretion determines that it is necessary in order to protect the
purposes and objectives of the Commission and the Grant or to comply with any law or regulation
applicable to the Commission, the Grant and/or the Grantee.
13. Sale or Encumbrance; Security Interest. Until the Commission has determined that
the public purposes of the Grant have been satisfied, none of the assets or property acquired,
constructed, improved, equipped, and/or furnished as part of the Project shall be leased, sold,
exchanged, disposed of, hypothecated, mortgaged or encumbered without the prior written
approval of the Executive Director. In the event that such asset or property is leased, sold,
exchanged, disposed of, hypothecated, mortgaged or encumbered without the prior written
approval of the Executive Director, the Commission may assert its interest in the asset or property
to recover the Commission’s share of the value of such asset or property and/or recover from the
Grantee, unless otherwise prohibited by law.
The Grantee hereby pledges, delivers and assigns to the Commission and, as its interests
may be, to the Grantee, a security interest in, to and on all property purchased with the Grant,
which security interest shall be held by the Commission and, as applicable, the Grantee to secure
the Grantee’s full performance under this Agreement. Upon the request of the Commission and,
as applicable, the Grantee, the Grantee will execute, provide and sign all documents necessary to
establish and/or perfect Commission’s and, as applicable, the Grantee’s security interest in such
property, including deeds of trust, supplemental deeds of trust, amendments or modifications hereto,
financing statements, continuation statements or other instruments and documents which may be
reasonably required from time to time. The Commission will release its security interest upon the
Grantee’s full performance under this Agreement, including, without limitation, the Grantee’s full
compliance with all reporting requirements required herein, and once the Commission has
determined that the public purposes of the Grant have been satisfied.
12.a.a
Packet Pg. 332 Attachment: Grant Agreement (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell Bldg.)
Tobacco Region Revitalization Commission Page - 9 - rev. 12/2017
14. Press Releases. The Grantee agrees that it shall not issue any press releases or other
public statements regarding the Grant without the prior written consent of the Commission.
15. Future Funding. The Grant provided pursuant to this Agreement shall not be deemed
to be an actual or implied promise of the Commission to fund the Project except as provided for
herein. No representation by the Commission, or its members, employees or agents, shall be
binding unless set forth in writing and signed by the Executive Director. In addition to the other
remedies provided by law or in this Agreement, if the Grantee fails to comply with the terms of
this Agreement, the Project shall not be entitled to additional funding by the Commission.
16. Entire Agreement. To the extent there are inconsistencies between this Agreement
and its supporting documents, including the Application and the exhibits attached hereto, this
Agreement shall control. This Agreement expresses the entire understanding and all agreements
between the Commission and the Grantee and may not be modified except in a writing signed by
the Commission and the Grantee.
17. Governing Law; Jurisdiction; Venue. This Agreement shall be governed by the
applicable laws of the Commonwealth. The venue of any judicial action shall be in the Circuit
Court of the City of Richmond, Virginia, and such litigation shall only be brought in such court.
18. Limitation of Commission’s Liability. Nothing herein shall be deemed to be a
covenant, agreement or obligation of a present or future member of the Commission or of an
employee or agent of the Commission. No member, employee or agent of the Commission shall
incur any personal liability with respect to any action taken by him or her pursuant to this
Agreement.
19. Severability. If any provision of this Agreement shall be held invalid by any court of
competent jurisdiction, such holding shall not invalidate any other provision hereof.
20. Public Documents. Unless specifically exempted pursuant to the Virginia Freedom
of Information Act (Virginia Code Section 2.2-3700 et seq., as amended), all reports, documents,
financial data and other information provided to the Commission shall be public records.
21. Notices. Unless otherwise provided for herein, all notices, approvals, consents,
correspondence and other communications pursuant to this Agreement shall be in writing and shall
be deemed received upon receipt or refusal after mailing of the same in the United States Mail by
certified mail, postage fully pre-paid or by overnight courier (refusal shall mean return of certified
mail or overnight courier package not accepted by the addressee) to (a) the Commission at 701
East Franklin Street, Suite 501, Richmond, Virginia 23219, Attention: Executive Director, or (b)
the Grantee at the address set forth below.
22. Conditional Funding. In the event that disbursement of Grant funds is contingent
upon the happening of an event or events described in Exhibit C attached hereto that have not yet
occurred as of the Award Date, the Commission may withdraw the Grant if such event or events
have not been substantiated with appropriate documentation satisfactory to the Commission within
12.a.a
Packet Pg. 333 Attachment: Grant Agreement (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell Bldg.)
Tobacco Region Revitalization Commission Page - 10 - rev. 12/2017
twelve (12) months of the Award Date. This Agreement is subject to the availability of
Commission funds. If such funds become unavailable and the Commission is unable to obtain
sufficient funds, this Agreement shall be amended or terminated, as appropriate.
23. Expiration. Thirty-six (36) months after the date on which the Grant is approved, the
Grant shall be automatically rescinded with respect to all funds not yet disbursed b y the
Commission, unless an extension is granted in writing by the Commission.
24. Assignment. Neither this Agreement nor any rights under this Agreement may be
assigned, by operation of law or otherwise, by the Grantee without the prior written consent of the
other parties hereto. The provisions of this Agreement shall bind and inure to the benefit of the
parties and their respective successors and permitted assigns.
25. Survival. The rights and remedies available to the Commission shall survive any
expiration or termination of this Agreement, including but not limited to, Sections 7, 10, 12, 13
and 25.
26. Counterparts. This Agreement may be executed in counterparts, each of which shall
be an original, and all of which together shall constitute but one and the same instrument.
[Remainder of this page intentionally left blank.]
12.a.a
Packet Pg. 334 Attachment: Grant Agreement (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell Bldg.)
Tobacco Region Revitalization Commission Page - 11 - rev. 12/2017
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first written above.
TOBACCO REGION REVITALIZATION COMMISSION, a body
corporate and political subdivision of the Commonwealth of Virginia
Signature of Executive Director:
Printed Name of Executive Director: Evan Feinman
Date:
Pittsylvania County
Signature of Grantee’s Chief Executive: _____________________________________
Printed Name of Grantee’s Chief Executive: _____________________________________
Date: ______________________
Grantee Information:
Address_____________________________________________________________________________
Phone #__________________ e-mail__________________________ Federal ID #________________
12.a.a
Packet Pg. 335 Attachment: Grant Agreement (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell Bldg.)
Tobacco Region Revitalization Commission Page - 12 - rev. 12/2017
Exhibit A
Description of Project
Pittsylvania County has requested this grant to construct a 40,000 S.F. shell building to market to
advanced manufacturing industries such as aerospace and automotive. Funding will go directly
towards A&E, building design and construction to include water, sewer and electric rough-ins.
12.a.a
Packet Pg. 336 Attachment: Grant Agreement (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell Bldg.)
Tobacco Region Revitalization Commission Page - 13 - rev. 12/2017
Exhibit B
Project Budget
12.a.a
Packet Pg. 337 Attachment: Grant Agreement (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell Bldg.)
Tobacco Region Revitalization Commission Page - 14 - rev. 12/2017
Exhibit C
Grant Conditions
1. No less than 50% of the total Project Budget shall be funded by non-commission sources
and satisfactory evidence thereof submitted to the Commission prior to disbursement of
any Commission money. Un-approved applications to other funding sources are not
satisfactory evidence.
2. Award of $1,500,000 granted with acknowledgement that the private partner will hold a
lien for up to five years.
12.a.a
Packet Pg. 338 Attachment: Grant Agreement (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell Bldg.)
Tobacco Region Revitalization Commission Page - 15 - rev. 12/2017
Exhibit D
Governing Documents of Grantee
Attach charter, articles of incorporation or similar governing instruments, also attach IRS determination
letter if a 501(c)(3) Organization
12.a.a
Packet Pg. 339 Attachment: Grant Agreement (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell Bldg.)
Tobacco Region Revitalization Commission Page - 16 - rev. 12/2017
Exhibit E
DETERMINATION OF AVERAGE REASONABLY EXPECTED
ECONOMIC LIVES OF PROJECT ASSETS
The Tax Code limits the length of average maturity for certain tax -exempt bonds, such as the
Tobacco Bonds, to no more than 120% of the average reasonably expected economic life of the assets being
financed with the proceeds of such bonds. In this Exhibit, the Grantee will determine the average
reasonably expected economic life of the assets being financed by the Grant.
There are two safe harbors in determining "economic life": the ADR midpoint life under IRS
Revenue Procedures 83-85 and 87-56 and the guideline life under IRS Revenue Procedure (in the case of
structures). For the purposes hereof, the reasonably expected economic life of an asset is to be determined
as of the date the asset is expected to be placed in service. You may wish to consult your accountant in
completing this Exhibit. Commission staff can provide copies of the above-referenced Revenue
Procedures.
Please complete the attached Schedule as follows:
Step 1. Please list each of the assets comprising the Project to be financed or refinanced
by the Grant funds by describing them in Column I. At the minimum, the assets should be broken down as
"Land," "Land Improvements," "Building," and "Equipment." In Column II, indicate whether each asset
will be acquired, constructed, installed, renovated, etc.
Step 2. In Column III, set forth the corresponding total cost of each asset to be paid with
Grant funds. Any amounts shown on the Project Budget as "Contingency" should be assigned to the
shortest-lived asset.
Step 3. In Column IV, set forth the date each asset is expected to be placed in service. An
asset is first placed in service when it is first placed in a condition or state of readiness and availability for
a specifically assigned function.
Step 4. In Column V, set forth in years the ADR midpoint life or the guideline life of each
asset listed in Column I, in accordance with the following:
Land. If any portion of the Grant funds will be used to finance land, Commission staff
should be consulted to determine the economic life to be assigned. In most cases, Commission
staff will direct you to assign the land an economic life of 0 and to exclude the land from the
economic life calculation.
If land improved with one or more existing buildings will be acquired, please allocate the
purchase price between the land and buildings and furnish the Commission with a copy of a recent
appraisal of the relative value of the land and buildings to support your allocation.
Buildings. A guideline life must be determined under Revenue Procedure 62-21 for any
building to be financed with the Grant. Forty years is the guideline life for most buildings. Based
on the nature of the particular building, your accountant or Commission staff will assist you in
determining whether another guideline life is more appropriate. Each building includes the
structural shell of the building and all integral parts thereof, equipment which services normal
12.a.a
Packet Pg. 340 Attachment: Grant Agreement (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell Bldg.)
Tobacco Region Revitalization Commission Page - 17 - rev. 12/2017
heating, plumbing, air conditioning, fire prevention and power requirements, and equipment such as
elevators and escalators.
Equipment. Please select a ADR midpoint life for each item of equipment to be financed.
The tables of asset guideline classes, asset guideline periods and asset depreciation ranges included
in Revenue Procedures 83-35 and 87-56 is used for reference.
To use the table, you should first determine the asset guideline class in which each item of
equipment falls. General business assets fall into classes 00.11 through 00.4 to the extent that a
separate class is provided for them. Other assets, to the extent that a separate class is provided, fit
into one or more of classes 01.1 through 80.0. Subsidiary assets (jigs, dies, molds, patterns, etc.)
are in the same class as are the other major assets in an industry activity unless the subsidiary assets
are classified separately for that industry. Each item of equipment should be classified according
to the activity in which it is primarily used. If the equipment is not described in any asset guideline
class, its estimated economic life must be determined on a case by case basis.
Working Capital. Working Capital Expenditures are ineligible for Grant funding.
Step 5. In Column VI, adjust the ADR midpoint or guideline life for each asset by adding
the amount of time (in years) between May 16, 2005 (the closing date of the Tobacco Bonds) and the in-
service date specified in Column IV. For example, if a building with a guideline life of 40 years will be
placed in service one year and six months after May 16, 2005, the adjusted economic life for such building
in Column VI should be 41.5
Step 6. In Column VII, show with respect to each asset the product of the respective entry
in Column III multiplied by the respective entry in Column VI.
Step 7. Total all of entries in Column III and Column VII.
Step 8. Divide the Column VII Total by the Column III Total. The quotient is the average
reasonably expected economic life of the assets to be financed with Grant funds as part of the Project.
12.a.a
Packet Pg. 341 Attachment: Grant Agreement (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell Bldg.)
Tobacco Region Revitalization Commission Page 18 rev. 12/2017
INFORMATION SCHEDULE
REASONABLY EXPECTED ECONOMIC LIVES
OF PROJECT FACILITIES
COLUMN
I
COLUMN
II
COLUMN
III
COLUMN
IV
COLUMN
V
COLUMN
VI
COLUMN
VII
DESCRIPTION
OF ASSETS
INCLUDED IN
THE PROJECT
ACQUISITION,
CONSTRUCTION,
INSTALLATION,
RENOVATION,
ETC.
TOTAL
COST TO BE
FINANCED
BY GRANT
IN SERVICE
DATE
GUIDELINE OR
ADR MIDPOINT
LIFE
ADJUSTED
ECONOMIC
LIFE
COLUMN III
X
COLUMN VI
1
Building
Construction
$1,500,000
2/1/17
20
31.5
$47,250,000
2
3
4
5
6
Total:
$1,500,000
Total:
$47,250,000
AVERAGE REASONABLY EXPECTED ECONOMIC LIFE:
COLUMN VII TOTAL $47,250,000 COLUMN III TOTAL: $1,500,000 = 31.5 YEARS
12.a.a
Packet Pg. 342 Attachment: Grant Agreement (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell
Grant Recipient:
Project Title:
TRRC Grant #:
The following persons are authorized to request funds for the above grant awarded by the Tobacco
Region Revitalization Commission:
Signature Printed Name Title
All grant payments shall be made payable to:
Organization:
Address:
City, State, Zip:
Federal ID #
Phone #
Fax #
Signature of Grantee’s Chief Executive
Printed Name of Grantee’s Chief Executive
Title
Date
Rev. 7/8/15, 6/12
Tobacco Region Revitalization Commission
Signature Authorization Letter
12.a.b
Packet Pg. 343 Attachment: Grantee Letter of Authorization (1149 : Letter of Agreement - Tobacco Grant - Cane Creek Centre Shell Bldg.)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Letter of Agreement: Tobacco Grant; Shell Building for Project Apple
(Staff Contact: Gregory L. Sides)
Staff Contact(s): Gregory L. Sides
Agenda Date: May 15, 2018 Item Number: 12.b
Attachment(s): Grant Agreement
Grantee Letter of Authorization
Reviewed By:
SUMMARY:
On January 9, 2018, the Tobacco Region Revitalization Commission (the “Commission”)
approved a Grant to: “acquire, construct, improve, equip, furnish and/or otherwise undertake the
project entitled Pittsylvania County Shell Building for Project Apple.” The Commission
approved the Grant in the amount of $2,300,000. This Grant will help fund a new manufacturing
facility that can accommodate a new or expanding industrial prospect in the Gretna area.
Pittsylvania County, Virginia (the “County”), as the Grant recipient, is required to sign and
return the Commission’s attached Letter of Agreement.
FINANCIAL IMPACT AND FUNDING SOURCE:
The matching funds for this Project will be private company funds and financing is proposed to
be covered through a Lease Agreement. As fiscal agents of the Grant, the total amount of
$2,300,000 will need to be appropriated to the Industrial Development Fund.
RECOMMENDATION:
County Staff recommends that the Board of Supervisors approve the Grant Agreement
documents to facilitate the location of a new industrial prospect, but with a condition that no
funds are expended until there is a company investment commitment.
MOTION:
“I make a motion that the County accept and appropriate a total of $2,300,000 for the
Pittsylvania County Shell Building for Project Apple Grant from the Tobacco Region
Revitalization Commission to the Industrial Development Fund, with the condition that funds are
not expended unless there is a company commitment, and authorize the County Administrator to
sign all necessary documents.”
12.b
Packet Pg. 344
Tobacco Region Revitalization Commission Page - 1 - rev. 12/2017
LETTER OF AGREEMENT - GRANT FUNDS – RESTRICTED FUNDS - UNRELATED
This Grant Agreement (this “Agreement”) made and entered the 9th day of January, 2018 (the
“Award Date”), by and between the Tobacco Region Revitalization Commission, a body
corporate and political subdivision of the Commonwealth of Virginia (the “Commission”), and
Pittsylvania County. (the “Grantee”).
WITNESSETH:
WHEREAS, the Virginia General Assembly created the Commission to, among other
things, stimulate the economic growth and development of tobacco-dependent communities in the
Southside and Southwest regions (the “Region”) of the Commonwealth of Virginia (the
“Commonwealth”), and
WHEREAS, the Grantee has submitted an application, which by this reference is
incorporated herein and made a part of this Agreement (the “Application”), to the Commission for
funding to acquire, construct, improve, equip, furnish and/or otherwise undertake the project
entitled Pittsylvania County shell building for Project Apple described on Exhibit A attached
hereto (the “Project”), and
WHEREAS, the Commission, in reliance upon the information set forth in the
Application, has determined that the Project benefits the Region and is consistent with and in
furtherance of the Commission’s public purposes and approved a grant to the Grantee in the
amount of $2,300,000.00 (the “Grant”) to fund the Project, the approval and funding of such Grant
the Commission has determined constitutes a valid public purpose for the expenditure of public
funds and is the animating purpose for the Grant, and
WHEREAS, the Commission and the Grantee desire to set forth their understanding and
agreement as to the use of the Grant and the obligations of the Grantee regarding the use of the
Grant,
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises
and undertakings of the parties to this Agreement, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby represent,
warrant, covenant and agree as follows:
1. Definitions. The following capitalized terms used in this Agreement have the
meanings set forth below:
“Authorized Expenditures” means the expenditures to be paid by or on behalf of, or
reimbursed to, the Grantee in connection with the Grant as set forth in the Project Budget.
TRRC OFFICE USE ONLY
Grant # 3396
12.b.a
Packet Pg. 345 Attachment: Grant Agreement (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project Apple)
Tobacco Region Revitalization Commission Page - 2 - rev. 12/2017
“Capital Expenditure” means any cost of a type that is properly chargeable to capital
account (or would be so chargeable with (or but for) a proper election or the application of the
definition of “placed in service” under Treas. Regs. §1.150-2(c)) under general federal income tax
principles, determined at the time the expenditure is paid.
“Commission-Related Party” means a Person that is a Related Part y to the Commission,
the Issuer or the Commonwealth.
“Controlled Group” means a group of entities controlled directly or indirectly by the same
entity or group of entities within the meaning of this definition.
(i) The determination of direct control is made on the basis of all the relevant
facts and circumstances. One entity or group of entities (the controlling entity) generally
controls another entity or group of entities (the controlled entity) for purposes of this
definition if the controlling entity possesses either of the following rights or powers and
the rights or powers are discretionary and non-ministerial—
(A) The right or power both to approve and to remove without cause a
controlling portion of the governing body of the controlled entity; or
(B) The right or power to require the use of funds or assets of the
controlled entity for any purpose of the controlling entity.
(ii) If a controlling entity controls a controlled entity under the test set forth in
paragraph (i) of this definition, then the controlling entity also controls all entities
controlled, directly or indirectly, by the controlled entity or entities.
(iii) An entity is not a controlled entity under paragraph (i) of this definition if
the entity possesses substantial taxing, eminent domain, and police powers. For example,
a city possessing substantial amounts of each of these sovereign powers is not a controlled
entity of the state (Commonwealth).
“501(c)(3) Organization” means any Person described in Section 501(c)(3) of the Tax
Code and exempt from tax under Section 501(a) of the Tax Code.
“Governmental Person” means a state or local governmental unit as defined in Treas.
Regs. § 1.103-1 or any instrumentality thereof. The federal government and its agencies and
instrumentalities are not Governmental Persons.
“Issuer” means the Tobacco Settlement Financing Corporation, a public body corporate
and an independent instrumentality of the Commonwealth.
“Loan” means any transaction that is generally characterized as a loan for federal income
tax purposes. A Loan may arise from the direct lending of money or may arise from transactions
in which indirect benefits that are the economic equivalent of a loan are conveyed within the
meaning of Treas. Regs. § 1.141-5. Certain leases, management contracts and other contractual
arrangements and certain prepayments for property or services may constitute Loans under Treas.
Regs. § 1.141-5.
12.b.a
Packet Pg. 346 Attachment: Grant Agreement (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project Apple)
Tobacco Region Revitalization Commission Page - 3 - rev. 12/2017
“Person” means any natural person, firm, joint venture, association, partnership, business
trust, corporation, limited liability company, corporation or partnership, or any other entity
(including a governmental entity).
“Related Person” shall have the meaning set forth in Section 144(a)(3) of the Tax Code.
For purposes of Section 144(a)(3) of the Tax Code, a Person is a Related Person to another
Person if—
(A) the relationship between such Persons would result in a disallowance of
losses under Section 267 or 707(b) of the Tax Code, or
(B) such persons are members of the same controlled group of corporations (as
defined in Section 1563(a) of the Tax Code, except that “more than 50 percent” shall be
substituted for “at least 80 percent” each place it appears therein).
“Tax Code” means the Internal Revenue Code of 1986, as amended, and the applicable
provisions of the regulations of the U.S. Department of Treasury promulgated thereunder.
“Tobacco Bonds” means the Tobacco Settlement Asset-Backed Bonds, Series 2005,
which were issued by the Issuer on May 16, 2005, and have a stated final maturity date of June 1,
2037, and the Tobacco Settlement Asset-Backed Bonds, Series 2007 B, C, and D which were
issued by the Issuer on May 3, 2007, and have a stated final maturity date of June 1, 2047.
Working Capital Expenditure” means any cost that is not a Capital Expenditure.
Generally, current operating expenses are Working Capital Expenditures.
2. Source of Grant Funds; Reliance. The Grantee represents that it understands that
the Grant funds are derived from the proceeds of the Tobacco Bonds, the interest on which must
remain excludible from gross income for federal income tax purposes (that is, “tax -exempt”)
pursuant to both (i) Virginia law and (ii) contractual covenants made by the Commission, the Issuer
and the Commonwealth for the benefit of the owners of the Tobacco Bonds. The Grantee further
represents that (a) the undersigned authorized representative of the Grantee has been informed of
the purpose and scope of Sections 103 and 141-150 of the Tax Code as they relate to the Tobacco
Bonds and the Grant, and (b) the representations and warranties contained in this Section and
throughout this Agreement can be relied on by the Commission, the Issuer and bond counsel for
the Commission and Issuer in executing certain documents and rendering certain opinions in
connection with the Tobacco Bonds.
3. Nature of Grantee. The Grantee represents that it is neither a Commission-Related
Party nor an agent of the Issuer, the Commission or the Commonwealth. A true, correct and
complete copy of the Grantee’s charter, articles of incorporation or similar governing instrument
is attached hereto as Exhibit D and is in full force and effect on the date hereof. If the Grantee is
a 501(c)(3) Organization, a copy of its IRS determination letter shall also be attached as part of
Exhibit D hereto. The Grantee will not make any changes to its governing documents or structure,
funding or operations during the term of the Tobacco Bonds that would or may cause the Grantee
to become a Commission-Related Party or an agent of the Issuer, the Commission or the
Commonwealth.
12.b.a
Packet Pg. 347 Attachment: Grant Agreement (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project Apple)
Tobacco Region Revitalization Commission Page - 4 - rev. 12/2017
4. Project and Budget; Nature of Authorized Expenditures. The Grantee agrees to use
the Grant for that portion of the Project not being paid from other sources as set forth in the budget
for the Project attached hereto as Exhibit B (the “Project Budget”). No portion of the Grant shall
be used by the Grantee for any purpose whatsoever other than to pay or to reimburse Authorized
Expenditures with respect to the Project without the prior written approval of the Executive
Director of the Commission (the “Executive Director”). No material changes shall be made in the
scope of the Project or to the Project Budget without the prior written approval of the Executive
Director. Any document signed by the Executive Director accepting a change in the scope of the
Project or to the Project Budget shall set forth with specificity the accepted change. If the maximum
authorized amount of the Grant exceeds the amount necessary to complete the Project, the excess
shall not be disbursed to the Grantee but shall remain with the Commission or, if previously
disbursed, be returned to the Commission within thirty (30) days of the earlier of the completion
of the Project or the expiration of this Agreement.
The Grantee represents, warrants and covenants as follows:
(a) All Authorized Expenditures will be Capital Expenditures. No Authorized
Expenditure will be a Working Capital Expenditure.
(b) Other than as described in Sections 12 and 13 below, the Grant does not
impose on the Grantee any obligation or condition to directly or indirectly repay any
amount (in cash, property or services or otherwise) to the Commission, the Issuer, the
Commonwealth or any Commission-Related Party.
(c) No Authorized Expenditure will represent, nor will the Grant involve, the
use by the Grantee of any portion of the Grant funds, directly or indirectly, (i) to make or
finance a grant or a Loan to a Commission-Related Party or (ii) to refund, redeem or pay
debt service on the debt obligations (including without limitation any tax -exempt bonds)
of the Grantee or any other Person.
(d) No part of the assets to be financed by the Grant will be used by the
Commission, the Issuer, the Commonwealth or other Commission-Related Party pursuant
to a lease, a management or service contract, output contract, or pursuant to any other
arrangement conveying special legal entitlements for the use of such assets that is
comparable to a lease, a management or service contract or an output contract, such as an
arrangement conveying priority rights to the use or capacity of a Grant-financed asset.
The average reasonably expected economic life of the assets to be financed by the Grant is
set forth in Exhibit D attached hereto.
The Grantee agrees to cause the Project to be acquired, constructed, improved, equipped,
furnished and/or otherwise undertaken as described in Exhibit A and will cause the Project to be
completed on or before the expiration of this Agreement. The Grantee represents and warrants
that Grant funds and funds available from the other sources specified in the Project Budget will be
sufficient to cause the Project to be completed.
12.b.a
Packet Pg. 348 Attachment: Grant Agreement (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project Apple)
Tobacco Region Revitalization Commission Page - 5 - rev. 12/2017
The Grantee agrees to comply with any applicable governmental requirements pertaining
to the Project and the use and application of Grant funds provided hereunder, including but not
limited to, applicable requirements of the Virginia Public Procurement Act (Virginia Code Section
2.2-4300 et seq., as amended) but only as and to the extent required by any such governmental
requirements, and the Commission shall not in any way be responsible for determining the extent,
to which any such governmental requirements apply to this Grantee.
5. Payment of Grant Funds. Subject to the terms of this Agreement, including but not
limited to, satisfaction by the Grantee, in the sole discretion of the Commission, of the conditions
set forth on Exhibit C attached hereto, the Grant shall be disbursed to the Grantee on a
reimbursement basis upon submission of a signed payment request on the Commission’s then
current form (“Payment Request Form”) with adequate supporting documentation. The Grantee
agrees to comply with the Commission’s General Funding Policies, Grant Disbursement
Guidelines and Guidelines for Advance of Funds as adopted by the Commission as in effect from
time to time and applied in the sole discretion of the Commission. Expenses incurred prior to the
Award Date are not eligible for reimbursement. Prior to any disbursement, the Commission shall
have on record documentation from the Grantee designating the officers, employees or agents
authorized to make a reimbursement request (such documentation may be in the form of a
resolution or minutes of the Grantee appointing such designee). Reimbursement requests shall be
submitted not more frequently than quarterly, unless the Commission otherwise agrees.
Appropriate supporting documentation shall be attached to all Payment Request Forms and may
include, but is not limited to, invoices from goods purchased and services performed, receipts,
vouchers, reporting forms or other evidence of the actual payment of costs related to the Project
and consistent with the Project Budget. The Grantee shall also provide appropriate supporting
documentation of the expenditure and application of any required matching funds for the Project
as set forth on Exhibit C attached hereto. The Commission may in its sole discretion refuse to
make a disbursement if the documentation is not adequate or if such disbursement does not appear
to be within the Project Budget or otherwise contrary to or in violation of the provisions hereof.
The Commission in its sole discretion may refuse to disburse any funds to the Grantee if the
Grantee has previously received a grant award and a final grant report for the previous grant award
has not been received by the Commission.
The Grantee may request in writing an advance of up to twenty-five percent (25%) of the Grant
if the Grantee lacks sufficient funds to commence the Project. Approval of such request shall be
in the sole discretion of the Commission and shall be available no earlier than ninety days (90)
prior to the start of the Project. If an advance is disbursed, the Grantee may request additional
disbursements only upon submission of signed Payment Request Forms with adequate
documentation demonstrating the use of the advance in accordance with the provisions of this
Agreement.
6. Quality of Work. The Commission, and its members, employees and agents, shall
have the right to inspect the Project at reasonable times from time to time. Upon a determination
that the quality of work done or the progress toward completion of the Project is unsatisfactory,
the Commission may take whatever action is necessary to preserve the integrit y of the Grant and
its original intended purpose, including but not limited to, the actions set forth in Section 12 of this
12.b.a
Packet Pg. 349 Attachment: Grant Agreement (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project Apple)
Tobacco Region Revitalization Commission Page - 6 - rev. 12/2017
Agreement. The Project may be monitored through on -site visits by representatives of the
Commission or in any other manner deemed appropriate by the Executive Director.
7. Parties’ Relationship. In connection with the award or the administration of the Grant,
the Commission does not and shall not assume any liability for any financial or other obligations
of the Grantee made to third parties, whether or not related to the Project. The Grantee shall
provide written notice to all vendors, contractors and any other party retained to work on the
Project that neither the Commission nor the Commonwealth shall be liable for the Project or any
payment failure or other obligation related thereto. Such written notice shall provide that by
accepting work on the Project, all such vendors, contractors and other parties release and relinquish
the Commission and the Commonwealth from any claim which might otherwise be asserted, and
that each party accepting such work thereby indemnifies and holds the Commission, and its
members, employees and agents, harmless against any and all such obligations; and further, that if
any action is brought against the Commission, or its members, employees or agents, the party
accepting such work shall be liable for all legal expenses and other costs related to such action.
The Grantee is and will be acting as an independent contractor in the performance of the Project,
and agrees to be responsible, where found liable and to the extent not covered by insurance or
specified by statute, for the payment of any claim for loss, personal injury, death, property damage,
or otherwise arising out of any act or omission of its members, employees or agents in connection
with the performance of the Project. Nothing contained herein shall be deemed an express or
implied waiver of the sovereign immunity of the Commission or the Commonwealth.
The Grantee shall at all times protect, indemnify and hold the Commission, the Issuer, the
Commonwealth and the owners of the Tobacco Bonds, and their respective members, directors,
officers, employees, attorneys and agents (the “Indemnitees”), harmless against any and all
liability, losses, damages, costs, expenses, penalties, taxes, causes of action, suits, claims, demands
and judgments of any nature arising from or in connection with any misrepresentation, breach of
warranty, noncompliance or default by or on behalf of the Grantee under this Agreement,
including, without limitation, all claims or liability (including all claims of and liability to the
Internal Revenue Service) resulting from, arising out of or in connection with the loss of the
excludability from gross income of the interest on all or any portion of the Tobacco Bonds that
may be occasioned by any cause whatsoever pertaining to such misrepresentation, breach,
noncompliance or default, such indemnification to include the reasonable costs and expenses of
defending any Indemnitee or investigating any claim of liability and other reasonable expenses
and attorneys’ fees incurred by any Indemnitee in connection therewith.
8. Recordkeeping. The Grantee shall maintain proper books of record and account with
respect to the Grant and the Project in which accurate and timely entries shall be made in
accordance with generally accepted accounting principles, consistently applied, during the term of
this Agreement. Grant funds shall be held in a separate and segregated account (the “Fund”) and
the Fund shall reflect all activity of the Grant funds received for the Project, itemized by category
of expenses in the same manner as in the Project Budget. The Grantee shall retain all invoices from
goods purchased and services performed, receipts, vouchers, reporting forms or other evidence of
the actual payment of costs related to the Project. All books of record and account and all records
of receipts and expenditures with respect to the Grant and the Project and copies of Payment
Request Forms with supporting documentation and annual and final reports submitted to the
Commission shall be retained for at least three (3) years after the later of the completion of the
12.b.a
Packet Pg. 350 Attachment: Grant Agreement (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project Apple)
Tobacco Region Revitalization Commission Page - 7 - rev. 12/2017
Project or the expiration of this Agreement. The Commission, and its members, employees and
agents, shall have the right at reasonable times from time to time to inspect and make copies of the
books and records of the Grantee and the Fund.
9. Annual Reports. The Grantee shall submit to the Commission annual financial and
narrative reports reflecting activity in the Fund and progress made toward completion of the
Project. Annual financial reports shall be presented on the Commission’s grant reporting form
then in effect (the “Grant Reporting Form”). Annual narrative reports shall indicate the progress
made toward achieving the goals of the Grant and shall be submitted with the Grant Reporting
Form. Annual reports shall be due one year from the Award Date and annually thereafter until the
Project is complete. The Commission reserves the right to request additional information to
supplement the information provided in the Grant Reporting Form or the annual narrative reports,
including but not limited to, the Grantee’s audited financial statements.
10. Final Report. The Grantee shall provide a final financial and narrative report to the
Commission upon submission of the final payment request. The final report shall contain the type
of information contained in the annual reports, including a narrative as to the success of the Project
and a description of the long-term achievements and expectations for the Project. The Commission
may withhold disbursement of the final payment until receipt of a final report that is in all respects
satisfactory to the Commission. After the completion of the Project and expiration of this
Agreement, the Commission may in its sole discretion require additional reporting on the long-
term achievements and expectations of the Project.
11. Interim Reports. In addition to the annual reports and final report required by
Sections 9 and 10 of this Agreement, the Commission may reasonably request that the Grantee
submit additional or interim information from time to time to ensure that the provisions of this
Agreement are properly carried out, administered and enforced.
12. Misuse of Award; Rights of Commission. If the Commission determines that any
part of the Grant has been used for a purpose other than to pay or reimburse Authorized
Expenditures with respect to the Project or that the Grantee has failed to comply with any material
term or condition or obligation of the Grantee in this Agreement, including but not limited to, the
Grantee making in any material respect a false or misleading statement or other written or oral
representation, warranty or statement furnished or made to the Commission in this Agreement, the
Application or otherwise, the Commission in its sole discretion may withhold any further
disbursements to the Grantee and, in addition:
(a) rescind the Grant by written notice to the Grantee, in which event the
Grantee shall be obligated to return to the Commission, within five (5) days following
receipt of such notice, an amount, from legally available funds, equal to all Grant payments
received pursuant to this Agreement, plus interest from the date of receipt of such notice at
the prime rate set forth in the Wall Street Journal on the date of such notice;
12.b.a
Packet Pg. 351 Attachment: Grant Agreement (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project Apple)
Tobacco Region Revitalization Commission Page - 8 - rev. 12/2017
(b) require the Grantee to take whatever action at law or in equity the
Commission may direct in order to recover any Grant funds not used for the actual payment
of costs related to the Project and consistent with the Project Budget, and comply with any
procedures that the Commission may direct in order to prevent further improper use of the
Grant;
(c) take any other action as necessary to preserve the integrity of the Grant and
to preserve Grant funds for appropriate uses;
(d) determine that the Grantee is ineligible to receive future grant funding
through the Commission;
(e) withhold any and all disbursements requested by the Grantee from the
Commission under any other grant previously approved by the Commission; and/or
(f) take such judicial action as is necessary to collect any amounts owed,
including legal action for breach of this Agreement, pursuant to this Section or as otherwise
provided in this Agreement.
The Commission reserves the right to modify or withhold any disbursement of Grant funds
if the Commission in its sole discretion determines that it is necessary in order to protect the
purposes and objectives of the Commission and the Grant or to comply with any law or regulation
applicable to the Commission, the Grant and/or the Grantee.
13. Sale or Encumbrance; Security Interest. Until the Commission has determined that
the public purposes of the Grant have been satisfied, none of the assets or property acquired,
constructed, improved, equipped, and/or furnished as part of the Project shall be leased, sold,
exchanged, disposed of, hypothecated, mortgaged or encumbered without the prior written
approval of the Executive Director. In the event that such asset or property is leased, sold,
exchanged, disposed of, hypothecated, mortgaged or encumbered without the prior written
approval of the Executive Director, the Commission may assert its interest in the asset or property
to recover the Commission’s share of the value of such asset or property and/or recover from the
Grantee, unless otherwise prohibited by law.
The Grantee hereby pledges, delivers and assigns to the Commission and, as its interests
may be, to the Grantee, a security interest in, to and on all property purchased with the Grant,
which security interest shall be held by the Commission and, as applicable, the Grantee to secure
the Grantee’s full performance under this Agreement. Upon the request of the Commission and,
as applicable, the Grantee, the Grantee will execute, provide and sign all documents necessary to
establish and/or perfect Commission’s and, as applicable, the Grantee’s security interest in such
property, including deeds of trust, supplemental deeds of trust, amendments or modifications hereto,
financing statements, continuation statements or other instruments and documents which may be
reasonably required from time to time. The Commission will release its security interest upon the
Grantee’s full performance under this Agreement, including, without limitation, the Grantee’s full
compliance with all reporting requirements required herein, and once the Commission has
determined that the public purposes of the Grant have been satisfied.
12.b.a
Packet Pg. 352 Attachment: Grant Agreement (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project Apple)
Tobacco Region Revitalization Commission Page - 9 - rev. 12/2017
14. Press Releases. The Grantee agrees that it shall not issue any press releases or other
public statements regarding the Grant without the prior written consent of the Commission.
15. Future Funding. The Grant provided pursuant to this Agreement shall not be deemed
to be an actual or implied promise of the Commission to fund the Project except as provided for
herein. No representation by the Commission, or its members, employees or agents, shall be
binding unless set forth in writing and signed by the Executive Director. In addition to the other
remedies provided by law or in this Agreement, if the Grantee fails to comply with the terms of
this Agreement, the Project shall not be entitled to additional funding by the Commission.
16. Entire Agreement. To the extent there are inconsistencies between this Agreement
and its supporting documents, including the Application and the exhibits attached hereto, this
Agreement shall control. This Agreement expresses the entire understanding and all agreements
between the Commission and the Grantee and may not be modified except in a writing signed by
the Commission and the Grantee.
17. Governing Law; Jurisdiction; Venue. This Agreement shall be governed by the
applicable laws of the Commonwealth. The venue of any judicial action shall be in the Circuit
Court of the City of Richmond, Virginia, and such litigation shall only be brought in such court.
18. Limitation of Commission’s Liability. Nothing herein shall be deemed to be a
covenant, agreement or obligation of a present or future member of the Commission or of an
employee or agent of the Commission. No member, employee or agent of the Commission shall
incur any personal liability with respect to any action taken by him or her pursuant to this
Agreement.
19. Severability. If any provision of this Agreement shall be held invalid by any court of
competent jurisdiction, such holding shall not invalidate any other provision hereof.
20. Public Documents. Unless specifically exempted pursuant to the Virginia Freedom
of Information Act (Virginia Code Section 2.2-3700 et seq., as amended), all reports, documents,
financial data and other information provided to the Commission shall be public records.
21. Notices. Unless otherwise provided for herein, all notices, approvals, consents,
correspondence and other communications pursuant to this Agreement shall be in writing and shall
be deemed received upon receipt or refusal after mailing of the same in the United States Mail by
certified mail, postage fully pre-paid or by overnight courier (refusal shall mean return of certified
mail or overnight courier package not accepted by the addressee) to (a) the Commission at 701
East Franklin Street, Suite 501, Richmond, Virginia 23219, Attention: Executive Director, or (b)
the Grantee at the address set forth below.
22. Conditional Funding. In the event that disbursement of Grant funds is contingent
upon the happening of an event or events described in Exhibit C attached hereto that have not yet
occurred as of the Award Date, the Commission may withdraw the Grant if such event or events
have not been substantiated with appropriate documentation satisfactory to the Commission within
12.b.a
Packet Pg. 353 Attachment: Grant Agreement (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project Apple)
Tobacco Region Revitalization Commission Page - 10 - rev. 12/2017
twelve (12) months of the Award Date. This Agreement is subject to the availability of
Commission funds. If such funds become unavailable and the Commission is unable to obtain
sufficient funds, this Agreement shall be amended or terminated, as appropriate.
23. Expiration. Thirty-six (36) months after the date on which the Grant is approved, the
Grant shall be automatically rescinded with respect to all funds not yet disbursed b y the
Commission, unless an extension is granted in writing by the Commission.
24. Assignment. Neither this Agreement nor any rights under this Agreement may be
assigned, by operation of law or otherwise, by the Grantee without the prior written consent of the
other parties hereto. The provisions of this Agreement shall bind and inure to the benefit of the
parties and their respective successors and permitted assigns.
25. Survival. The rights and remedies available to the Commission shall survive any
expiration or termination of this Agreement, including but not limited to, Sections 7, 10, 12, 13
and 25.
26. Counterparts. This Agreement may be executed in counterparts, each of which shall
be an original, and all of which together shall constitute but one and the same instrument.
[Remainder of this page intentionally left blank.]
12.b.a
Packet Pg. 354 Attachment: Grant Agreement (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project Apple)
Tobacco Region Revitalization Commission Page - 11 - rev. 12/2017
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first written above.
TOBACCO REGION REVITALIZATION COMMISSION, a body
corporate and political subdivision of the Commonwealth of Virginia
Signature of Executive Director:
Printed Name of Executive Director: Evan Feinman
Date:
Pittsylvania County
Signature of Grantee’s Chief Executive: _____________________________________
Printed Name of Grantee’s Chief Executive: _____________________________________
Date: ______________________
Grantee Information:
Address_____________________________________________________________________________
Phone #__________________ e-mail__________________________ Federal ID #________________
12.b.a
Packet Pg. 355 Attachment: Grant Agreement (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project Apple)
Tobacco Region Revitalization Commission Page - 12 - rev. 12/2017
Exhibit A
Description of Project
Pittsylvania County has requested this grant to expand an existing Company’s footprint in their
community. Funding will go directly towards building a 135,000 S.F. high-bay manufacturing
facility.
12.b.a
Packet Pg. 356 Attachment: Grant Agreement (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project Apple)
Tobacco Region Revitalization Commission Page - 13 - rev. 12/2017
Exhibit B
Project Budget
12.b.a
Packet Pg. 357 Attachment: Grant Agreement (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project Apple)
Tobacco Region Revitalization Commission Page - 14 - rev. 12/2017
Exhibit C
Grant Conditions
1. No less than 50% of the total Project Budget shall be funded by non-commission sources and
satisfactory evidence thereof submitted to the Commission prior to disbursement of any
Commission money. Un-approved applications to other funding sources are not satisfactory
evidence.
12.b.a
Packet Pg. 358 Attachment: Grant Agreement (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project Apple)
Tobacco Region Revitalization Commission Page - 15 - rev. 12/2017
Exhibit D
Governing Documents of Grantee
Attach charter, articles of incorporation or similar governing instruments, also attach IRS determination
letter if a 501(c)(3) Organization
12.b.a
Packet Pg. 359 Attachment: Grant Agreement (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project Apple)
Tobacco Region Revitalization Commission Page - 16 - rev. 12/2017
Exhibit E
DETERMINATION OF AVERAGE REASONABLY EXPECTED
ECONOMIC LIVES OF PROJECT ASSETS
The Tax Code limits the length of average maturity for certain tax -exempt bonds, such as the
Tobacco Bonds, to no more than 120% of the average reasonably expected economic life of the assets being
financed with the proceeds of such bonds. In this Exhibit, the Grantee will determine the average
reasonably expected economic life of the assets being financed by the Grant.
There are two safe harbors in determining "economic life": the ADR midpoint life under IRS
Revenue Procedures 83-85 and 87-56 and the guideline life under IRS Revenue Procedure (in the case of
structures). For the purposes hereof, the reasonably expected economic life of an asset is to be determined
as of the date the asset is expected to be placed in service. You may wish to consult your accountant in
completing this Exhibit. Commission staff can provide copies of the above-referenced Revenue
Procedures.
Please complete the attached Schedule as follows:
Step 1. Please list each of the assets comprising the Project to be financed or refinanced
by the Grant funds by describing them in Column I. At the minimum, the assets should be broken down as
"Land," "Land Improvements," "Building," and "Equipment." In Column II, indicate whether each asset
will be acquired, constructed, installed, renovated, etc.
Step 2. In Column III, set forth the corresponding total cost of each asset to be paid with
Grant funds. Any amounts shown on the Project Budget as "Contingency" should be assi gned to the
shortest-lived asset.
Step 3. In Column IV, set forth the date each asset is expected to be placed in service. An
asset is first placed in service when it is first placed in a condition or state of readiness and availability for
a specifically assigned function.
Step 4. In Column V, set forth in years the ADR midpoint life or the guideline life of each
asset listed in Column I, in accordance with the following:
Land. If any portion of the Grant funds will be used to finance land, Commission staff
should be consulted to determine the economic life to be assigned. In most cases, Commission
staff will direct you to assign the land an economic life of 0 and to exclude the land from the
economic life calculation.
If land improved with one or more existing buildings will be acquired, please allocate the
purchase price between the land and buildings and furnish the Commission with a copy of a recent
appraisal of the relative value of the land and buildings to support your allocation.
Buildings. A guideline life must be determined under Revenue Procedure 62-21 for any
building to be financed with the Grant. Forty years is the guideline life for most buildings. Based
on the nature of the particular building, your accountant or Commission staff will assist you in
determining whether another guideline life is more appropriate. Each building includes the
structural shell of the building and all integral parts thereof, equipment which services normal
12.b.a
Packet Pg. 360 Attachment: Grant Agreement (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project Apple)
Tobacco Region Revitalization Commission Page - 17 - rev. 12/2017
heating, plumbing, air conditioning, fire prevention and power requirements, and equipment such as
elevators and escalators.
Equipment. Please select a ADR midpoint life for each item of equipment to be financed.
The tables of asset guideline classes, asset guideline periods and asset depreciation ranges included
in Revenue Procedures 83-35 and 87-56 is used for reference.
To use the table, you should first determine the asset guideline class in which each item of
equipment falls. General business assets fall into classes 00.11 through 00.4 to the extent that a
separate class is provided for them. Other assets, to the extent that a separate class is provided, fit
into one or more of classes 01.1 through 80.0. Subsidiary assets (jigs, dies, molds, patterns, etc.)
are in the same class as are the other major assets in an industry activity unless the subsidiary assets
are classified separately for that industry. Each item of equipment should be classified according
to the activity in which it is primarily used. If the equipment is not described in any asset guideline
class, its estimated economic life must be determined on a case by case basis.
Working Capital. Working Capital Expenditures are ineligible for Grant funding.
Step 5. In Column VI, adjust the ADR midpoint or guideline life for each asset by adding
the amount of time (in years) between May 16, 2005 (the closing date of the Tobacco Bonds) and the in -
service date specified in Column IV. For example, if a building with a guideline life of 40 years will be
placed in service one year and six months after May 16, 2005, the adjusted economic life for such building
in Column VI should be 41.5
Step 6. In Column VII, show with respect to each asset the product of the respective entry
in Column III multiplied by the respective entry in Column VI.
Step 7. Total all of entries in Column III and Column VII.
Step 8. Divide the Column VII Total by the Column III Total. The quotient is the average
reasonably expected economic life of the assets to be financed with Grant funds as part of the Project.
12.b.a
Packet Pg. 361 Attachment: Grant Agreement (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project Apple)
Tobacco Region Revitalization Commission Page 18 rev. 12/2017
INFORMATION SCHEDULE
REASONABLY EXPECTED ECONOMIC LIVES
OF PROJECT FACILITIES
COLUMN
I
COLUMN
II
COLUMN
III
COLUMN
IV
COLUMN
V
COLUMN
VI
COLUMN
VII
DESCRIPTION
OF ASSETS
INCLUDED IN
THE PROJECT
ACQUISITION,
CONSTRUCTION,
INSTALLATION,
RENOVATION,
ETC.
TOTAL
COST TO BE
FINANCED
BY GRANT
IN SERVICE
DATE
GUIDELINE OR
ADR MIDPOINT
LIFE
ADJUSTED
ECONOMIC
LIFE
COLUMN III
X
COLUMN VI
1
Building
Construction
$2,300,000
2/1/18
45
57.8
$132,940,000
2
3
4
5
6
Total:
$2,300,000
Total:
$132,940,000
AVERAGE REASONABLY EXPECTED ECONOMIC LIFE:
COLUMN VII TOTAL 132,940,000 COLUMN III TOTAL: $2,300,000 = 57.8 YEARS
12.b.a
Packet Pg. 362 Attachment: Grant Agreement (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project
Grant Recipient:
Project Title:
TRRC Grant #:
The following persons are authorized to request funds for the above grant awarded by the Tobacco
Region Revitalization Commission:
Signature Printed Name Title
All grant payments shall be made payable to:
Organization:
Address:
City, State, Zip:
Federal ID #
Phone #
Fax #
Signature of Grantee’s Chief Executive
Printed Name of Grantee’s Chief Executive
Title
Date
Rev. 7/8/15, 6/12
Tobacco Region Revitalization Commission
Signature Authorization Letter
12.b.b
Packet Pg. 363 Attachment: Grantee Letter of Authorization (1150 : Letter of Agreement - Tobacco Grant - Shell Building for Project Apple)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Appointment: CPMT Board (Staff Contact: Richard Hicks)
Staff Contact(s): Richard N. Hicks
Agenda Date: May 15, 2018 Item Number: 13.a
Attachment(s):
Reviewed By:
SUMMARY:
Virginia Code § 2.2-5205 authorizes the Pittsylvania County Board of Supervisors to
appoint members to the Pittsylvania County Community Policy and Management Team
(“CPMT”). The CSA consultant recently retained by the County has recommended that
Richard N. Hicks, Assistant County Administrator (“Hicks”), be appointed to the CPMT.
Said recommendation is also supported by County Staff and Cheryl Boswell, CSA
Coordinator.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff and Boswell recommend that the Board of Supervisor appoint Hicks, effective May
15, 2018, as a Pittsylvania CPMT Member.
MOTION:
“I make a Motion, effective May 15, 2018, appointing Richard N. Hicks, Assistant County
Administrator, as a Pittsylvania County Community Policy and Management Team Member.”
13.a
Packet Pg. 364
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Re-appointment: Institute for Advanced Learning and Research Board of
Trustees; Joyce Wright (Staff Contact: Kaylyn M. McCluster)
Staff Contact(s): David M. Smitherman
Agenda Date: May 15, 2018 Item Number: 13.b
Attachment(s):
Reviewed By:
SUMMARY:
Joyce Wright currently serves as the Pittsylvania County representative on the IALR Board of
Trustees. Ms. Wright’s term will expire on June 30, 2018. All IALR Board of Trustee Members
must be nonelected citizens of the Commonwealth, and for this particular appointment, a resident
of Pittsylvania County. She is eligible for a second (2nd) three (3)-year term, which will begin on
July 1, 2018.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the reappointment of Ms. Wright to the IALR Board of Trustees for a
three (3)-year term starting on July 1, 2018.
MOTION:
“I make a Motion reappointing Joyce Wright to the IALR Board of Trustees for a three (3 )-year
term starting on July 1, 2018.”
13.b
Packet Pg. 365
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Gunn Garland CDBG Application (Staff Contact: Gregory L. Sides)
Staff Contact(s): Gregory L. Sides
Agenda Date: May 15, 2018 Item Number: 14.a
Attachment(s):
Reviewed By:
SUMMARY:
Pittsylvania County Community Action has proposed a CDBG Planning Grant application from
Pittsylvania County to the Virginia Department of Housing and Community Development.
CDBG Project Planning Grants of up to $30,000 ($40,000 for Comprehensive Community
Development) are available for needs analysis and prioritization, preliminary design, and
strategy development activities in preparation for a future Community Improvement Grant
proposal. Planning Grant funding is available on an open basis from January 1, 2018 until
September 28, 2018 or until all of the funding is committed, whichever comes first.
There are approximately fifteen (15) residents to date in the Gunn-Garland Road community,
who have indicated an interest in the program. The Planning Grant application would be for a
comprehensive project which would be for water, sewer, and housing rehabilitation.
FINANCIAL IMPACT AND FUNDING SOURCE:
There is no required County match for the Planning Grant. If the Planning Grant leads to a future
Community Improvement Grant, then the County will need to provide a matching contribution
by waiving Building Permit fees and Water and Sewer Tap Fees.
RECOMMENDATION:
Staff recommends that the Board consider submitting a Planning Grant application to identify
community needs and estimated costs.
MOTION:
“I make a Motion that the Board of Supervisors authorize the submission of a CDBG Planning
Grant application for the Gunn Garland Community to the Virginia Department of Housing and
Community Development, and authorize the County Administrator to sign all necessary
documents.”
14.a
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Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title:
Consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice by
such counsel. Nothing in this subdivision shall be construed to permit the
closure of a meeting merely because an attorney representing the public
body is in attendance or is consulted on a matter. (Staff Contact: J. Vaden
Hunt)
Staff Contact(s): J. Vaden Hunt
Agenda Date: May 15, 2018 Item Number: 17.1
Attachment(s):
Reviewed By:
(1) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Department of Social Services
Purpose: Discussion of Employment Issues/Concerns
17.1
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Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title:
Discussion concerning a prospective business or industry or the expansion
of an existing business or industry where no previous announcement has
been made of the business' or industry's interest in locating or expanding
its facilities in the community. (Staff Contact: Matthew D. Rowe)
Staff Contact(s): Matthew D, Rowe
Agenda Date: May 15, 2018 Item Number: 17.2
Attachment(s):
Reviewed By:
(1) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matter: Project Calcium
Purpose: Prospective Business Update
17.2
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Board of Supervisors
EXECUTIVE SUMMARY
INFORMATION ITEM
Agenda Title: Closed Session Certification
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: May 15, 2018 Item Number: 18.1
Attachment(s):
Reviewed By:
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CERTIFY CLOSED MEETING
BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors
on May 15, 2018, the Board hereby certifies by a recorded vote that to the best of each board
member’s knowledge only public business matters lawfully exempted from the open meeting
requirements of the Virginia Freedom of Information Act and identified in the motion
authorizing the closed meeting were heard, discussed or considered in the closed meeting. If any
member believes that there was a departure from the requirements of the Code, he shall so state
prior to the vote indicating the substance of the departure. The statement shall be recorded in the
minutes of the Board.
Vote
Tim R. Barber Yes/No
Elton W. Blackstock Yes/No
Joe B. Davis Yes/No
Ben L. Farmer Yes/No
Charles H. Miller, Jr. Yes/No
Ronald S. Scearce Yes/No
Robert W. Warren Yes/No
18.1
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