Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
10-17-2023 Business Meeting Agenda Packet
BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, October 17, 2023 - 7:00 PM Board Meeting Room 39 Bank Street, SE, Chatham,Virginia 24531 AGENDA 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. Board Meeting Minutes Approval (September) (Staff Contact: Kaylyn McCluster) b. Appointments: CCJB Membership Slate Approval (Staff Contact: Kaylyn McCluster) c. Service Weapon Purchase Approvals (Stone; Arnold) (Staff Contact: Michael Taylor) d. County's 2023 September Bill List Approval (Staff Contact: Kim VanDerHyde) e. 2% Salary Increase Approval (Effective 12/1/23) (Staff Contact: Kim VanDerHyde) f. Additional Holiday Time Approval (Staff Contact: Holly Stanfield) g. CPMT Office Lease Extension Amendment Approval (Staff Contact: Vaden Hunt) h. County Parks and Recreation Master Plan Update Award Approval (Staff Contact: Justin Price) i. Amendment to Local Performance Agreement Execution Approval (Making Everything Possible, LLC) (Staff Contact: Matthew Rowe) j. VADEQ, Danville, County, and RIFA Memorandum of Agreement for VSMP Administration for Cane Creek Industrial Park Execution Approval (Staff Contact: Matthew Rowe) k. Resolution # 2023-10-01 (Support of Revised Scope of Smart Scale Project (UPC 119165) Route 29/Route 703 Intersection Improvements) Adoption (Staff Contact: Emily Ragsdale) l. Resolution # 2023-10-02 (Recognizing Dr. Kay Geyer’s Animal Control Donations) Adoption (Staff Contact: Board of Supervisors ) m. ESRI Small Government Enterprise Agreement Renewal Execution Approval (Staff Contact: Connie Gibson) n. Certificate of Recognition (Emily Marie Bivens Memorial Foundation) Transmission Approval (Staff Contact: Nancy Eanes) o. Professional Assessor Designation Letter Submission Authorization (Fred Pearson) (Staff Contact: Patsy Budd) p. PSAP Grant Appropriation Approval (Staff Contact: Kim VanDerHyde) q. Preventive Maintenance and Repairs for Solid Waste Collection Equipment (Staff Contact: Connie Gibson) 8. PRESENTATIONS a. General Presentations (Board of Supervisors); (if any) (Staff Contact: Kaylyn McCluster) 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. 1. Public Hearing: Case R-23-025; Michael and Jane Kendrick; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended by a 7-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Ingram) (Staff Contact: Emily Ragsdale) 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: PCC § 6-6-3 Revision (Southside Soccer Club, Inc., Tax Exemption Application) Approval (Staff Contact: Kaylyn McCluster) 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. MATTERS FROM WORK SESSION (IF ANY) 14. BOARD MEMBER REPORTS 15. COUNTY ADMINISTRATOR REPORTS 16. ADJOURNMENT 7.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Board Meeting Minutes Approval (September) Staff Contact(s): Kaylyn McCluster Agenda Date: October 17, 2023 Item Number: 7.a. Attachment(s): 1. 09-19-2023 Work Session - DRAFT 2. 09-19-2023 Business Meeting - DRAFT Reviewed By: SUMMARY: For the Board's review and consideration, attached are the following Board Meeting Minutes: (1) 09/19/2023 Work Session; and (2) 09/19/2023 Business Meeting. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the Board Meeting Minutes as attached and presented. MOTION: "I make a Motion approving the Board Meeting Minutes as attached and presented." 1 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ WORK SESSION September 19, 2023 VIRGINIA: The Pittsylvania County Board of Supervisors' ("Board") Work Session was held on September 19, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (3:30 PM) Dalton called the Meeting to Order at 3:30 PM. ROLL CALL The following Board Members were present: Darrell W. Dalton - Chairman, Callands-Gretna District Timothy W. Dudley - Vice-Chairman, Staunton River District Nancy K. Eanes - Dan River District William V. (“Vic”) Ingram - Tunstall District Ronald S. Scearce - Westover District Robert M. Tucker, Jr. - Banister District Robert (“Bob”) W. Warren - Chatham-Blairs District, participated remotely via phone due to illness, from the following address: 185 Sunny Knoll Lane, Danville, Virginia 24540. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: 7-0 (Approved) MOVER: Tucker SECONDER: Eanes AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. 2024 Reassessment Update Fred Pearson, Pearson's Appraisal Service, gave an update regarding the FY 2024 County Reassessment Project and the ways the citizens can schedule an appointment for an appeal. His full Presentation can be found on the County's website at www.pittsylvaniacountyva.gov. b. RiverStreet Broadband Project Update Zack Church, RiverStreet Networks, gave a County Broadband Project Status Update. The fiber racks and OSE are installed in Sandy Level and there are currently eighty-eight (88) homes that can be connected; with 277 orders in the queue. Construction for Sandy Level is 82%, Renan is 65%, Java is 33%, with overall construction being 55% completed. Additional related information and Church’s complete Presentation can be found on the County's website at www.pittsylvaniacountyva.gov. 2 c. Public Hearing Signage Update Ragsdale, Community Development Director, brought back to the Board an update as requested regarding Public Hearing signage. She reviewed the current sign and the information included on the signs, such as the length of time that the sign must stay up. Ragsdale also presented examples of what other localities use. d. Citizens' Academy Presentation McFarland, Public Relations Manager, gave a Presentation on the upcoming Citizens’ Academy that will begin in November. Additional related information and her complete Presentation can be found on the County's website at www.pittsylvaniacountyva.gov. e. FY 2024 County Budget Amendments Van Der Hyde, Finance Director, reviewed amendments for the carryovers, which are included in the Board's Business Meeting Packet. Additional related information and her complete Presentation can be found on the County's website at www.pittsylvaniacountyva.gov. f. FY 2024 Capital Improvements Fund Van Der Hyde, Finance Director, highlighted County Capital Improvement Plan items and her complete Presentation can be found on the County's website at www.pittsylvaniacountyva.gov. CLOSED SESSION Motion to enter Closed Session. The Board entered Closed Session at 4:25 PM. RESULT: 7-0 (Approved) MOVER: Dudley SECONDER: Ingram AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None a. 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 Matters: Fire and Rescue Service Agreement/Service Issues; Land Use Designation Change Purpose: Consultation with Legal Counsel/Legal Advice and Discussion Regarding the Same b. 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. 3 (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matters: General Economic Development Update (Various Unannounced Prospective Businesses/Industries) Purpose: Economic Development Project Updates on Unannounced Prospective Businesses/Industries RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session at 6:55 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Pittsylvania County Board of Supervisors’ (“Board”) Work Session on September 19, 2023, 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 (“Act”) and identified in the Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed Meeting. If any Board Member believes that there was a departure from the requirements of the Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board's Minutes. Vote Nancy K. Eanes Yes William V. (“Vic”) Ingram Yes Ronald S. Scearce Yes Robert M. Tucker, Jr. Yes Robert (“Bob”) W. Warren Yes Timothy W. Dudley Yes Darrell W. Dalton Yes ADJOURNMENT Dalton adjourned the Meeting at 6:56 PM. 4 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ BUSINESS MEETING September 19 , 2023 VIRGINIA: The Pittsylvania County Board of Supervisors' ("Board") Business Meeting was held on September 19, 2023, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531. CALL TO ORDER (7:00 PM) Dalton called the Meeting to Order at 7:00 PM. ROLL CALL The following Board Members were present: Darrell W. Dalton - Chairman, Callands-Gretna District; Timothy W. Dudley - Vice-Chairman, Staunton River District; Nancy K. Eanes - Dan River District; William V. ("Vic") Ingram - Tunstall District; Ronald S. Scearce - Westover District; Robert M. Tucker, Jr. - Banister District; and Robert (“Bob”) W. Warren, Chatham-Blairs District, participated remotely via phone due to illness, from the following address: 185 Sunny Knoll Lane, Danville, Virginia 24540. APPROVAL OF AGENDA Motion to approve Agenda. RESULT: 7-0 (Approve) MOVER: Dudley SECONDER: Eanes AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None CONSENT AGENDA Motion to approve Consent Agenda. RESULT: 7-0 (Approve) MOVER: Tucker SECONDER: Eanes AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None a. Board Meeting Minutes Approval b. County's 2023 August Bill List Approval c. Resolution # 2023-09-01 (Dodson Commonwealth Transportation Board Recognition) Adoption d. November Board Meeting Date Change Approval 5 e. School Cafeteria Year-End Fund Balance Appropriation Approval f. FY 2024 Capital Improvements Fund Appropriation Approval g. Landfill Cell C2 Design, Bidding and Construction Administration Services Agreement Execution Approval h. Mount Hermon Solid Waste Convenience Center Expansion Contract Award Approval i. Rail Trail Bridge Construction Bids Cancellation Approval j. 2023 VATI Agreement Amendment Execution Approval k. Hay Cutting Contract Lease Agreement Execution Approval PRESENTATIONS Delegate Adams presented Resolution # 2023-09-01 to Dodson. HEARING OF THE CITIZENS Patsy Graves voiced her concerns regarding the Blue Ridge Rock Festival. Clark Graves also voiced his concerns regarding traffic and other issues that resulted from the Blue Ridge Rock Festival. Vanessa Scearce stated she was heartbroken over the condition of the County. She shared her feelings regarding members taking Oaths and staying true, and asked the candidates if they truly had a heart to serve all citizens. David Willis shared his opposition and concerns regarding the new RPD changes. Jane Kendrick stated that she was so proud of their community group that has attended the last several meetings and spoke out voicing their concerns regarding the RPD changes and the Axton project. She requested the Board Members take into consideration the citizens of the County when making future decisions, because the citizens are the ones out in the communities helping others and they will be watching the votes that are taken. PUBLIC HEARINGS Rezoning Public Hearings 1. Public Hearing: Case R-23-021; Kevin and Frances Reynolds; Rezoning from R-1, Residential Suburban Subdivision, to A-1, Agricultural District. The Planning Commission recommended by a 7-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Dalton) In Case R-23-021, Kevin and Frances Reynolds (“Petitioners”) have petitioned to rezone 2.28 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow a second dwelling to be constructed on the property). The subject property is located on Coveway Lane, in the CallandsGretna Election District, and shown on the Tax Maps as GPIN # 1563-32- 5941. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35 178 are permitted. On August 1, 2023, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioners' request be granted. Dalton opened the Public Hearing at 7:32 PM. No one signed up to speak and Dalton closed the Public Hearing at 7:32 PM. Motion to approve the rezoning of 2.28 acres from R-1, Residential Suburban Subdivision District, 6 to A-1, Agricultural District, to allow a second dwelling to be constructed on the property. RESULT: 7-0 (Approve) MOVER: Dudley SECONDER: Ingram AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None 2. Public Hearing: Case R-23-022; Larry Dalton; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended by a 7-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Eanes) In Case R-23-022, Larry Dalton (“Petitioner”) has petitioned to rezone 2.38 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the property to be consolidated with an adjacent parcel zoned A-1). The subject property is located off State Road 713/Oak Grove Road, in the Dan River Election District, and shown on the Tax Maps as GPIN # 2452-87- 6518. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On August 1, 2023, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted. Dalton opened the Public Hearing at 7:34 PM. Dalton was present to represent the Petition. No one signed up to speak and Dalton closed the Public Hearing at 7:34 PM. Motion to approve the rezoning of 2.38 acres from R- 1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow property lines to be adjusted. RESULT: 7-0 (Approve) MOVER: Eanes SECONDER: Tucker AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None 3. Public Hearing: Case R-23-023; Willie Thompson; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended by a 7-0 vote, with no opposition, that the Petitioner's request be granted. (Supervisor Warren) In Case R-23-023, Willie Thompson (“Petitioner”) has petitioned to rezone 11.18 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the property to be subdivided). The subject property is located on State Road 746/Golf Club Road, in the Chatham-Blairs Election District, and shown on the Tax Maps as GPIN # 2400-54-4807. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On August 1, 2023, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioner's request be granted. Dalton opened the Public Hearing at 7:36 PM. No one signed up to speak and Dalton closed the Public Hearing at 7:37 PM. 7 Motion to approve the rezoning of 11.18 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be subdivided. RESULT: 7-0 (Approve) MOVER: Dudley SECONDER: Ingram AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None 4. Public Hearing: Case R-23-024 David and Mary Ellen Wright; Rezoning R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended by a 7-0 vote, with no opposition, that the Petitioners' request be granted (Supervisor Ingram). In Case R-23-024, David and Mary Ellen Wright (“Petitioners”) have petitioned to rezone four (4) parcels, totaling 20.78 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the property to be used for agricultural purposes). The subject properties are located off State Road 841/Whispering Pines Road and State Road 848/Joe Carter Road, in the Tunstall Election District, and shown on the Tax Maps as GPIN #s 1450-52-0882, 1450-52- 6657, 1450-53-3170, and 1450-62-0469. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On August 1, 2023, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioners' request be granted. Dalton opened the Public Hearing at 7:39 PM. Wright was present to represent the Petition. No one signed up to speak and Dalton closed the Public Hearing at 7:39 PM. Motion to approve the rezoning of 20.78 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be used for agricultural purposes. RESULT: 7-0 (Approve) MOVER: Ingram SECONDER: Dudley AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None Other Public Hearings 1. Public Hearing: FY 2024 County Budget Amendments Virginia Code § 15.2-2507 states that “Any 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.” An advertisement of the County Budget Amendments, attached, appeared in the Chatham Star Tribune on September 6, 2023, which satisfies the seven (7)-day legal notice requirement. Dalton opened the Public Hearing at 7:41 PM. No one signed up to speak and Dalton closed the Public Hearing at 7:41 PM. 8 Motion to approve FY 2024 Budget Amendments totaling $26,456,451.22 as presented. RESULT: 7-0 (Approve) MOVER: Tucker SECONDER: Dudley AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram, Eanes NAYS: None ABSTAIN: None 2. Public Hearing: Pittsylvania County Code Amendments (RPD); (PCC §§ 35-298, -301, and -306) At the Board's August 15, 2023, Business Meeting, County Staff was instructed to bring proposed amendments to Pittsylvania County Code ("PCC") §§ 35-298, 35-301, and 35-306 to the Board for potential action at the Board's September Business Meeting. This Public Hearing was duly advertised in the Chatham Star Tribune on September 6, 2023, and September 13, 2023. Dalton opened the Public Hearing at 7:54 PM. The following citizens voiced their concerns and opposition regarding the proposed revisions and the possibility of future items that could possibly be revised only because someone requests it: Erica Spina David Willis Josh Austin Jane Kendrick Alaina Kiskadden Dalton closed the Public Hearing at 8:12 PM. Motion to approve the revisions to PCC §§ 35-298, 35-301, and 35-306 as presented. RESULT: 6-1 (Approve) MOVER: Warren SECONDER: Tucker AYES: Dalton, Tucker, Warren, Scearce, Dudley, Ingram NAYS: Eanes ABSTAIN: None BOARD MEMBER REPORTS • Eanes thanked those in attendance and stated she supports the citizens one hundred percent (100%). She stated she is in support of Economic Development, but she feels that she needs to go with the citizens in her District. • Dudley thanked everyone that showed up to the Meeting and stated it is important that they know what is going on. He congratulated Dodson for his recognition and sent prayers for Kathy Dalton, who recently lost a brother. He also thanked County Staff for their work and all that they do, and sent thanks to Arnold for speaking with the citizens that could not attend the Board’s Work Session. 9 • Warren thanked the citizens and told them that their voice does matter. • Scearce mentioned an event on October 14, 2023, a fundraiser for Easton Coffer, who is a child with cancer. He stated the family has had astronomical medical costs and the child is currently at St. Jude's. • Ingram stated that there were two (2) wonderful people lost recently; Rachel Merricks, due to cancer, and Donald Ricketts. He also stated that Sellers won the Track Championship at Dominion Raceway this past weekend. • Tucker thanked County Staff and all the citizens that came out to speak. He also thanked his colleagues and stated that you must have the courage and fortitude to sit on the dais in these positions. He stated that when making a decision, he also looks at the bigger picture and the betterment of the entire County. • Dalton thanked everyone for coming out and thanked County Staff for all their hard work. He stated they have the citizens at heart and will protect them in any way he can. He also thanked the Board for working together and making decisions to move the County forward. COUNTY ADMINISTRATOR REPORTS Turille thanked Arnold for the Broadband troubleshooting. He thanked McFarland for her work and stated he is excited about the Citizen's Academy. ADJOURNMENT Dalton adjourned the Meeting at 8:28 PM. 10 7.b. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Appointments: CCJB Membership Slate Approval Staff Contact(s): Kaylyn McCluster Agenda Date: October 17, 2023 Item Number: 7.b. Attachment(s): 1. CCJB Code Sections COV 2. Appointments - Community Criminal Justice Board Reviewed By: SUMMARY: Freda Holliday ("Holliday"), Director of Halifax/Pittsylvania Court Services, has identified members for the Community Criminal Justice Board ("CCJB") to include its newly expanded areas, and to replace a number of vacancies on the existing CCJB. For the Board's review and consideration, is the application Code of Virginia Section regarding the CCJB, a list that includes all individuals in the seven (7) jurisdictions the CCJB serves, and a list of individuals who have agreed to serve on the CCJB's multi-jurisdictional Board. This same list will go to each local governing body in each jurisdiction for official appointment. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the CCJB appointments as attached and recommended by Holliday. MOTION: "I make a Motion approving the CCJB appointments as attached and recommended by Holliday." 11 12 13 COMMUNITY CRIMINAL JUSTICE BOARD FOR HALIFAX/PITTSYLVANIA COURT SERVICES (Serving Halifax, Pittsylvania, Franklin, Henry and Patrick Counties and the Cities of Danville and Martinsville) Mr. Scott Simpson (Co. Adm. – Halifax County) Mr. Christopher Whitlow (Co. Adm. – Franklin County) Mr. Clarke Whitfield, Jr. (City Attorney – Danville) Mr. J. R. Powell (Dep. Co. Adm. – Henry County) Mr. Stuart Turille, Jr. (Co. Adm. – Pittsylvania County) Ms. Beth Simms (Co. Adm. – Patrick County) The Honorable Stacey W. Moreau (Circuit Court Judge – Pitts. Co., Franklin Co., Danville) The Honorable James R. McGarry (Circuit Court Judge – Martinsville, Henry and Patrick Co.) The Honorable Stephanie Vipperman (Gen. Dist. Ct. Judge – Martinsville, Henry & Patrick Co) The Honorable Brian Turpin (JDR Ct. Judge – Pitts. Co, Franklin Co, Danville) Tracy Quackenbush Martin (CA- Halifax Co.) Michael Newman (CA – Danville) Dayna Bobbitt (CA- Patrick Co.) G. Andrew Hall (CA – Martinsville) Cooper Brown (CA- Franklin Co.) Fred Clark (Sheriff – Halifax Co.) Steve Draper (Sheriff – City of Martinsville) Bill Overton (Sheriff – Franklin Co.) Mike Taylor (Sheriff – Pittsylvania. Co.) Bryan Young (Chief, South Boston PD – Halifax) Chris Wiles (Dep. Police Chief – Danville) Vikram Kapil (Public Defender – Halifax County) Sandra Haley (Public Defender – Martinsville, Henry & Patrick Counties) Daniel Hosler (Chief Magistrate – Danville, Franklin and Pittsylvania Counties) Ann Hylton (Chief Magistrate – Martinsville, Henry and Patrick Counties) Chad Liscomb (Jail Adm – Blue Ridge Regional Jail Authority - Halifax) Frank Mardavich (Danville Adult Detention - Danville) Jim Bebeau (Director, Dan/Pitts Comm Services – Danville and Pittsylvania Co.) Greg Preston (Director, Pied. Comm Services – Martinsville, Henry, Patrick and Franklin) Kristi Bailey (P&P Chief – Danville and Pittsylvania County) Jody Hess (General District Court Services Manager for Supreme Court –All District Courts – Danville resident) Larry Clark (Community Representative - Retired Halifax Co. Schools – Halifax) Michael Lewis (Dir. Of Student Services & Accountability- Halifax County Schools) Robert David (Coordinator of Youth and Gang Violence Prevention Programs- Danville) 14 7.c. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Service Weapon Purchase Approvals (Stone; Arnold) Staff Contact(s): Michael Taylor Agenda Date: October 17, 2023 Item Number: 7.c. Attachment(s): 1. Service Weapon Purchase Request Reviewed By: SUMMARY: As authorized by Virginia Code § 59.1-148.3, the following Sheriff’s Office personnel have requested to purchase their assigned duty weapons upon their retirement: • Sergeant Jarrett Stone ("Stone"): retired April 3, 2023, with eighteen (18) years and seven (7) months of service; Glock 40 caliber Model 22 Serial # HHA-421; and • Lieutenant Boyd Arnold ("Arnold"): retiring November 1, 2023, with twenty- nine (29) years and three (3) months of service; Glock 40 caliber Model 23 Serial # YHW-476 As with all transfers of firearms from the Sheriff's Office to eligible deputies at their retirement, a registered Federal Firearms Licensed dealer engaged in a business pertaining to the manufacture or importation of firearms and ammunition, or the interstate and intrastate sale of firearms, will make the transfer. The $1.00 received from Stone and Arnold will be delivered to the County Treasurer with a letter of explanation. All documents related to that transfer will become a part of each personnel file. FINANCIAL IMPACT AND FUNDING SOURCE: Each firearm will be purchased for $1.00. RECOMMENDATION: 15 County Staff recommends approving the transfer of Stone and Arnold's service weapon to them for $1.00 each. MOTION: “As authorized by Virginia Code § 59.1-148.3, I make a Motion approving the transfer of Stone and Arnold's service weapon to them for $1.00 each." 16 17 18 7.d. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: County's 2023 September Bill List Approval Staff Contact(s): Kim VanDerHyde Agenda Date: October 17, 2023 Item Number: 7.d. Attachment(s): None Reviewed By: SUMMARY: At each Board Business Meeting, the County’s Auditors recommend the Board review and approve payments made by the County as oversight of County Fund expenditures. For the Board's review and consideration, the County's September 2023 Bill List is found at the below link: https://weblink.pittgov.net/WebLink/Browse.aspx?id=488768&dbid=0&repo=Pitt GovDocs&cr=1 FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the County’s 2023 September Bill List as presented. MOTION: “I make a Motion approving the County’s 2023 September Bill List as presented.” 19 7.e. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: 2% Salary Increase Approval (Effective 12/1/23) Staff Contact(s): Kim VanDerHyde Agenda Date: October 17, 2023 Item Number: 7.e. Attachment(s): None Reviewed By: SUMMARY: The Commonwealth of Virginia's Final Budget for FY 2024 was approved in September 2023. This Budget included a two percent (2 %) across the board increase effective December 1, 2023. This increase included Constitutional Officers (and their Staff), along with employees of Local DSS Offices across the State. Currently, there are three (3) Constitutional Officers who participate with the County's Personnel Plan, including the Pay and Classification Plan. As such, it is necessary that all salaries of employees on the County's Pay Plan be adjusted by two percent (2 %) to avoid compression and comparable pay among all Departments on the Plan. FINANCIAL IMPACT AND FUNDING SOURCE: The total increase due to the two (2 %) salary adjustment for all General Fund employees would be approximately $300,000, offset by additional revenue from the Commonwealth of $139,975 for a net financial impact to the General Fund of roughly $160,025. Adjustments for the additional State revenue will be made in December. The remaining funds already exist in the current FY 2024 Budget. RECOMMENDATION: County Staff recommends the Board approve the additional two percent (2 %) salary adjustment for all employees effective December 1, 2023. MOTION: "I make a Motion approving the additional two percent (2 %) salary adjustment for all employees effective December 1, 2023." 20 7.f. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Additional Holiday Time Approval Staff Contact(s): Holly Stanfield Agenda Date: October 17, 2023 Item Number: 7.f. Attachment(s): None Reviewed By: SUMMARY: Recently, the Virginia Supreme Court granted eight (8) hours of additional time off on Tuesday, December 26, 2023, for the Christmas Holiday, and eight (8) hours of additional time off on Tuesday, January 2, 2024, for the New Year Holiday. Per the County's Personnel Plan, this additional time off requires Board approval. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Executive Staff recommends the Board approve the eight (8) hours of additional holiday time on December 26, 2023, and eight (8) hours of additional holiday time on January 2, 2024, and authorize the County Administrator to notify all County Departments of the same. MOTION: "I make a Motion approving the eight (8) hours of additional holiday time on December 26, 2023, and eight (8) hours of additional holiday time on January 2, 2024, and authorize the County Administrator to notify all departments of the same." 21 7.g. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: CPMT Office Lease Extension Amendment Approval Staff Contact(s): Vaden Hunt Agenda Date: October 17, 2023 Item Number: 7.g. Attachment(s): 1. 10-17-2023 CPMT Lease Reviewed By: SUMMARY: Currently, CSA/CPMT leases office space from Lodge #24 A.F. & A.M. at 61 North Main Street, Chatham, Virginia 24531. Said lease is due to renew in January 2024, and is $750 per month. This is the same as last year’s lease, except that it will be for a three (3) month term, with the option of one (1) additional three (3) month term, and will be effective January 1, 2024. County Staff will be making renovations to the ETC building to begin to transition CSA/CPMT into that facility to save on rent costs. For the Board’s review and consideration, the final lease is attached. FINANCIAL IMPACT AND FUNDING SOURCE: This is a budgeted item, and no additional funds are needed. RECOMMENDATION: County Staff recommends the Board approve the final lease as attached and presented. MOTION: “I make a Motion approving the final lease as attached and presented.” 22 23 24 25 26 27 28 29 30 31 32 7.h. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: County Parks and Recreation Master Plan Update Award Approval Staff Contact(s): Justin Price Agenda Date: October 17, 2023 Item Number: 7.h. Attachment(s): 1. RFP 20230621 Master Plan combined 2. 2023-2024 GL VA Pittsylvania County Master Plan COI 3. Contract VA Pittsylvania County Master Plan for Parks and Recreation_BD Final 10.03.2023 Reviewed By: SUMMARY: On September 8, 2023, County Staff conducted interviews with consultants for the County Parks and Recreation Master Plan update. County Staff selected BerryDunn as the contracted consultant for the same. For the Board's review and consideration, related documentation is attached. FINANCIAL IMPACT AND FUNDING SOURCE: The total Master Plan update's cost is $102,536. Funding for this project is coming from the following: (1) Danville Regional Foundation Grant ($25,000); (2) $23,971.55 Department of Forestry Grant ($23,971.55); and (3) County Parks and Recreation carryovers from the Department's FY 23 County Budget ($55,000). RECOMMENDATION: County Staff recommends the Board accept the contract for the Recreation Master Plan from BerryDunn. MOTION: 33 “I make a Motion to awarding the Master Plan update to BerryDunn as presented, and authorize the execution of all related appropriate documentation." 34 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS REQUEST FOR PROPOSAL RFP# 20230621 MASTER PLAN FOR PARKS AND RECREATION CONTACTS: CONNIE.GIBSON@PITTGOV.ORG, 434-432-7744 JUSTIN.PRICE@PITTGOV.ORG, 434-432-1764 35 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS Park and Recreation Master Plan 1.0 GENERAL INSTRUCTIONS 1.1 Invitation The Pittsylvania County Purchasing Department, on behalf of the Pittsylvania County Board of Supervisors, hereby issues to qualified firms, licensed in the State of Virginia, a Request for Proposal (hereinafter referred to as “RFP”), for updating the Parks and Recreation Master Plan. 1.2 Deadline Three (3) copies of the sealed proposal and one (1) electronic version shall be submitted no later than 2:00 p.m., July 27,2023 to the following: Connie Gibson, Purchasing Manager Pittsylvania County Purchasing Department 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 #20230621: Parks & Rec Master Plan. 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 3). All expenses for making Proposals to Pittsylvania County shall be borne by the offeror. All Proposals shall be received by 2:00 p.m., July 27, 2023. 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 10:00 a.m., July 10, 2023. Questions may be emailed to: Connie.gibson@pittgov.org. 2. All responses to questions will be posted on Pittsylvania County website: www.pittsylvaniacountyva.gov by 4:00 p.m. July 11, 2023. The offeror has the sole responsibility to go to the website and receive the responses or by contacting Connie Gibson requesting them by 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. 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, 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. 36 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: ______________ 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) Addendum No. ____________, dated____________ (Please note all addenda’s) (Return this Form) 37 A. Invitation Pittsylvania County (“County”) is seeking proposals from qualified consulting firms to update the County’s Parks and Recreation Master Plan originally prepared in 2010 (see attachment A) to reflect current national and regional industry trends; facility and programming needs and interests, as expressed by County residents; and current and forecasted County demographic trends. The update to the master plan should also have an emphasis on outdoor recreation by identifying locations, partners and stakeholders, programming, and a strategy for developing an outdoor recreation program for the County. The updated plan should create a roadmap for ensuring fair and equitable quantity, proximity, and connections to quality parks, green space, recreation facilities, and programs throughout the community now and into the future. The County is seeking a system-wide approach in order to develop goals, policies and guidelines and prioritize strategies based on current and future funding scenarios. The updated plan will also serve as a guiding document for future development and redevelopment of the community’s system of parks and green space, recreation, and programs over the next five to 10 years. A. Background Geography The County is in Central Southside Virginia in the Southern Piedmont region, and is in the Danville, Virginia (“Danville”), micropolitan statistical area. The County is bordered by Bedford and Campbell Counties to the North, Franklin and Henry Counties to the West, Danville, and the state of North Carolina to the South, and Halifax County to the East. The County has the largest land area of any jurisdiction in Virginia, covering approximately 969 square miles, with a population of 60,501, per the 2020 Census. The County is connected to the Piedmont regions of Virginia and North Carolina via US Highway 29, and to the east and west by US Highway 58. In terms of population density, the southern half of the County surrounding the City of Danville has the densest population, with the towns of Hurt, Gretna, and Chatham serving as secondary population centers, as shown in Figure 1. With thriving businesses, charming small towns, great public schools, and beautiful, natural landscapes, the County offers something for everybody. 38 Figure 1. Population density map of Pittsylvania County, VA. County Governance The County is governed by a seven (7)-member Board of Supervisors (BOS), who are elected by district to four (4)-year terms. The BOS is responsible for appointing the County 39 Administrator and making policy decisions for the County. Among other things, the BOS has power to pass and repeal ordinances and has final approval power on the annual County budget. The current average population of each election district is approximately 8,600, per the 2020 Census. The County's election districts also apply to the County’s School Board members. History Pittsylvania County was established in 1767 and was settled primarily by English, Irish, Welsh, Scotch, German, Scotch-Irish, and enslaved Africans, with farming and in particular tobacco farming as the primary livelihood at that time. In the 20th century The County experienced the ups and downs of an economy focused on tobacco and textiles, while enduring world wars and the Great Depression. In the past decade Pittsylvania County has focused on rebounding and reinventing the local economy through strong – and often regional – economic development efforts. Existing companies from around the world have set up branches here, and the County still has plenty of economic potential in industrial parks around the county. Today Pittsylvania County is a vibrant, increasingly prosperous community, with an expanding and diversified economy. With an undying affection for its heritage, history, and rural roots, the people of Pittsylvania look optimistically toward the future. Demographics and Health Indicators According to the University of Wisconsin Population Health Institute, Pittsylvania County ranks 95th and 103rd out of 133 localities in Virginia in terms of health outcomes and health factors, respectively (University of Wisconsin Population Health Institute, https://www.countyhealthrankings.org/explore-health- rankings/virginia/pittsylvania?year=2023). County residents also tend to be older than the state average, with a median age of 48, as well as have higher rates of obesity and mortality. Table 1 provides an overview of several demographic, socioeconomic, and health indicators for the County, as they compare to Virginia as a whole. Table 1. Key Demographic, Socioeconomic, and Health Indicators, Pittsylvania County, VA Criteria Pittsylvania County Virginia Median Age (2020) 1 47.6 38.4 % of Population White (estimated, as of July 1, 2022) 1 76.4% 68.8% Median Household Income (2020) 2 $49,520 $76,398 % in Poverty (2020) 2 15.1% 10.0% Death Rate (2020) 3 14.0 9.4 Premature Death (2020) 4 11,000 6,700 Physical Inactivity (2020) 4 27% 20% % of Adult Population Obese (2020)4 38% 32% Sources: 1https://www.census.gov/quickfacts/fact/table/pittsylvaniacountyvirginia,VA/PST045222 2https://datausa.io/profile/geo/pittsylvania-county-va?compare=virginia 3https://apps.vdh.virginia.gov/HealthStats/documents/pdf/death_1-1_2020.pdf 40 4https://www.countyhealthrankings.org/explore-health- rankings/virginia/pittsylvania?year=2023 Parks and Recreation Pittsylvania County’s Parks and Recreation Department (“Department”) was formed in 2011 at the recommendation of the County’s first Parks and Recreation Master Plan (Appendix A). Prior to 2011, the County’s parks and recreation initiatives and programs were coordinated by Pittsylvania County Organized Youth Sports, a volunteer-based organization established for the purpose of managing youth teams sports programs (i.e., basketball, football, baseball, softball, and cheerleading). The Department is currently staffed by three full-time positions: a director, program assistant, and maintenance technician, along with approximately 35 part-time employees to help maintain facilities and manage youth sports leagues. In terms of facilities, the Department currently maintains a community center, one regional park (i.e., Wayside Park), one dog park adjacent to the County’s Pet (Adoption) Center, an active transportation trail (i.e., Ringgold Rail Trail), and four parks with playground equipment and picnic shelters at the County’s four middle schools. Both the community center and Wayside Park are available to rent for special events and gatherings. Programs As previously stated, the roots of the County’s Parks and Recreation Department are in youth sports. The Department currently manages team sports programs for the County’s youth ranging in ages from six to 14. Table 2 provides an overview of the number of teams and participants for each team sport managed by the County’s youth sports program. Aside from youth sports, the Department also sponsors a “Youth Commission,” with a purpose of promoting civic engagement and community service in high school aged youth. Table 2. Summary of Youth Participants by Sport Sport # Teams # Youth Participants Football 11 300 Cheerleading - Football 11 200 Basketball (boys and girls) 47 400-500 Cheerleading - Basketball 20 240 Baseball and Softball 29 300-400 As far as adult recreation programs, the County’s Parks and Recreation Department offers several programs at the community center in Chatham, such as yoga, pickleball, and dance classes. For more information about the County’s Parks and Recreation department, please visit: https://www.pittsylvaniacountyva.gov/government/departments/parks-and- recreation. Outdoor Recreation 41 While the County’s Parks and Recreation Department is in the early stages of establishing outdoor recreation programs, it does offer a 5.5-mile hiking and biking trail, the Ringgold Rail Trail, as well as Wayside Park with a natural area and historical swinging bridge over Sycamore Creek. The Virginia Department of Conservation and Recreation (DCR) also recognizes four rivers as designated scenic waterways that traverse Pittsylvania County. Figure 2 provides a map of the County’s local parks, trail, and DCR’s blueways and scenic waterways. 42 Figure 2. Map of Pittsylvania County Outdoor Recreation Resources 43 B. Project Description Pittsylvania County is seeking proposals from qualified consulting firms to provide services to the Pittsylvania County to update its 2010 Parks and Recreation Master Plan. Pittsylvania County has a strong commitment to provide fair and just access to high-quality parks, green space, recreation facilities and programs for all members of the community and this master plan update will help us achieve our commitment. Specifically, the consultant will collect and analyze data to develop a clear set of goals, policies and standards for the community’s park system, green space, trails, recreation facilities and program development for the next five to 10 years. The consultant will work closely with Pittsylvania County staff, Pittsylvania County Board of Supervisors and youth sport booster clubs in preparing the update to the Parks and Recreation Master Plan. The consultant will create a product for distribution to the public. The following is an outline of several key components the County is seeking with this master plan update. i. Evaluate progress since initial Master Plan ii. Evaluation of current County demographics iii. Evaluation of current P&R industry trends for localities of similar size and character iv. Community Survey v. Emphasis on outdoor recreation vi. Recommendations vii. The Master Plan Update requires approval from County Staff and the Board of Supervisors C. Scope of Work The following is a general scope of work that outlines the County’s primary requirements for the Master Plan Update. Project Administration • Provide the Pittsylvania County staff and Board of Supervisors with a presentation of your approach to the planning process and provide monthly progress reports. • Co-present approach to Master Plan Update along with county staff to Board of Supervisors. The awarded consultant may also be asked to provide project updates to the Board of Supervisors (no more than quarterly). • Participate in progress meetings with the Pittsylvania County’s Project Manager as often as necessary, but not less than once per month until the final plan is approved. • Supply the Project Manager with at least one (1) copy of all completed or partially completed products as deemed necessary by the Project Manager at least three (3) working days before each progress meeting. The Project Manager shall schedule the meetings, as necessary, at key times during the update to the Master Plan. Assessment and Evaluation of Progress since initial Master Plan • Evaluation of progress since initial master plan in terms of the following. o Current Facilities o Current Services o Current Programs o Current Dept. Staffing (incl. volunteers and part-time employees) o Comparison of the County’s current department with P&R industry trends for localities of similar size and character. Community Engagement • Identify, describe and implement a comprehensive strategy and methodology for community involvement in this Master Plan update process. 44 • Review existing engagement documents conducted by the park and recreation department or other departments to compile available information about community needs. Summarize and identify gaps in data. • Provide well-organized and directed activities, techniques and formats that will ensure an equitable, inclusive, open and proactive public participation process is achieved. These methods should solicit quality input from as many people as possible, including under-resourced populations and users and non-users of the services and facilities. • Act as professional facilitators to gather specific information about services, use, preferences and any agency strengths, weaknesses, opportunities and threats. • Provide written records and summaries of the results of all public processes and communication strategies that can be shared with the public. • Help to build consensus and agreement on the plan and if consensus is not possible, provide information for informed and equitable decision making for the Pittsylvania County Parks and Recreation Department and Board of Supervisors. Resource and Data Collection • Conduct analysis that considers the fair and just quantity, distribution, inclusivity, condition, cultural relevancy, connections and proximity of parks, green space, programs, recreation centers and services. Evaluation criteria should be based on the expressed values of the county and focus on improved health and environmental outcomes. • Provide an assessment and analysis of the park and recreation department’s current level of programs, services and maintenance in relation to present and future goals, objectives and directives. • Gather community feedback and gauge interest in outdoor recreation opportunities; which may include, but is not limited to the development of an online survey to obtain this feedback. • Compile an inventory and assessment of the existing parks, trails, green space and facilities in Geographic Information System (GIS), with meaningful and industry standard attributes. Compare to national benchmarking tools. • Provide a community-wide statistically valid community needs assessment survey on recreation and park programs and facilities. The return rate should accurately represent a sampling of the population, including vulnerable populations, so that an analysis can be segmented by race, gender, age and other demographic groups. • Review and interpret demographic trends and characteristics of the County and relate them to parks and recreation programs and services. Implementation • Develop an action plan that includes strategies, priorities and an analysis of budget support and funding mechanisms for the short-, mid- and long-term for the park system, green space, trails and recreation programs and services. The action plan should prioritize strategies by their level of impact on social, health and environmental outcomes. • Prioritize recommendations for needs regarding land acquisition, and the development of parks, trails, green space, outdoor recreation programs and recreation facilities. • Prioritize recommendations for maintenance, renovation and operations of parks, trails and recreation facilities. • Recommend collaborative partnerships and other solutions to minimize duplications or enhance opportunities for collaborative partnerships. • Identify areas of service shortfalls and projected impact of future trends. 45 • Provide useable and workable definitions and recommendations for designated park and green space with acreages and parameters defined as appropriate. • Develop recommendations for operations, staffing, maintenance, programming and funding needs. • Provide a clear plan for development of programming based on demand analysis. Development of Final Plans and Supporting Materials • The Master Plan update must include written goals, objectives, policy statements, a financial and action plan that articulate a clear vision and “roadmap” and model for the Pittsylvania County Parks and Recreation Department’s future, with an emphasis on outdoor recreation program development. • A summary of existing conditions, inventories and system-wide metrics, distribution metrics, and population demographics and outcome metrics. • Charts, graphs, maps and other data (including electronic data, drawing, and map files) as needed to support the plan and its presentation to the appropriate audiences. • Minimum of three meetings with key stakeholders for required adoption of the Master Plan. D. Proposal Packet Requirements • Provide a narrative which introduces the firm and team highlighting the special strengths of the firm to perform the work requested in this RFP. The letter should be signed by an authorized principal of the proposing consulting firm. • Background on the firm and its experience in preparing Master Plans for other public agencies, as well as engagements involving communities that have characteristics similar to Pittsylvania County • Provide a narrative which shows your firm’s understanding of the project’s requirements and documents a logical technical approach to the project scope of work. Include a general work plan with cost, the proposed approach to undertaking the scope of work described earlier in this RFP. Identification of the personnel to be assigned to this engagement, including a résumé of related experience and estimated number of hours per person. • A timeline for preparation and implementation of the Master Plan and its components. • At least three (3) public agency references for projects of a similar nature. Include a description of the projects, including (at minimum) client, location, contact person, contact information (telephone/email address) and a brief summary of the project. • Provide itemized project costs. The project cost for services should be a “not-to- exceed cost for services.” E. Proposal Response The proposal should contain all the information requested and any additional information necessary to summarize the overall benefit of the proposal to Pittsylvania County. Proposing firms should submit the proposal no later than 2:00 p.m. on July 27, 2023. Submittals should be directed to: Purchasing Department, att: Connie Gibson, 1 Center Street, Chatham, VA 24531 46 This solicitation does not commit the Pittsylvania Count County to award a contract, to pay any cost incurred with the preparation of a proposal, or to procure or contract for services or supplies. The Pittsylvania County reserves the right to accept or reject any or all proposals received in response to this request, to negotiate with any qualified source, or cancel in whole or part of this proposal process if it is in the best interest of the Pittsylvania County. Following contract negotiations, prospective consultants may be required to submit revisions to their proposals. All proposers should note that any contract in accordance with this proposal is dependent upon the recommendation of the Pittsylvania County staff and the approval of the County’s Board of Supervisors. F. Preliminary Project Schedule The following tentative schedule is anticipated for selection, contract negotiations and contract award. • Proposals due July 27, 2023. • Proposal review and interviews to take place August 2023. • Contract award expected in August/September 2023. • The timeline that is projected for the preparation and completion of the Parks and Recreation Master Plan is 12 months from the Board of Supervisors award date. G. Evaluation Criteria The following criteria will be used to evaluate each consultant’s response to this RFP, as expressed in their proposal. • Qualifications and experience to include personnel: 30 points max • Demonstrate expertise in parks and recreation planning: 30 points max • Project approach, work plan, timeline, deliverables and project management. 30 points max • Pricing and timing estimate for the completion of the project: 10 points max H. Award Procedures AWARD: 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 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. 47 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. OWNERSHIP/FOIA: Ownership of all data, materials and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Offeror must invoke the protections of Section 2.2-4342D of the Code of Virginia, in writing, either before or at the time the data or other materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to B-30 Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Indicate the above information on the SCC Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Commonwealth’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the bidder or offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance. 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 48 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. PITTSYLVANIA COUNTY GENERAL TERMS AND CONDITIONS (not all will be applicable) Any Special terms and conditions will supersede the below terms and conditions A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit court of Pittsylvania County. The county and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations. C. ANTI-DISCRIMINATION: By submitting their (bids/proposals), (bidders/offerors) certify to the County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E). In every contract over $10,000 the provisions in 1. and 2. below apply: 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, sexual orientation, gender identity, national origin, age, disability, or any 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. 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. 49 d. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated. e. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract. 2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. D. ETHICS IN PUBLIC CONTRACTING: By submitting their (bids/proposals), (bidders/offerors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their (bid/proposal), and that they have not conferred on any public employee having official responsibility for this 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 was exchanged. E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000: By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in Pittsylvania County , knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia. If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor. G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to Pittsylvania County all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by Pittsylvania County under said contract. H. CLARIFICATION OF TERMS: If any prospective (bidder/offeror) has questions about the specifications or other solicitation documents, the prospective (bidder/offeror) should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer. I. PAYMENT: 1. To Prime Contractor: a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the contract number and/or purchase order number; social security number (for individual contractors) or 50 the federal employer identification number (for proprietorships, partnerships, and corporations). b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however. c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed. d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act. e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the County shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363). 2. To Subcontractors: a. Within seven (7) days of the contractor’s receipt of payment from the County, a contractor awarded a contract under this solicitation is hereby obligated: (1) To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or (2) To notify the county and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason. b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the County except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the County. 3. The Pittsylvania County encourages contractors and subcontractors to accept credit card payments. J. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply. K. QUALIFICATIONS OF (BIDDERS/OFFERORS): Pittsylvania County may make such reasonable investigations as deemed proper and necessary to determine the ability of the (bidder/offeror) to perform the services/furnish the goods and the (bidder/offeror) shall furnish to the County all such information 51 and data for this purpose as may be requested. The County reserves the right to inspect (bidder’s/offeror’s) physical facilities prior to award to satisfy questions regarding the (bidder’s/offeror’s) capabilities. The County further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such (bidder/offeror) fails to satisfy the County that such (bidder/offeror) is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein. L. TESTING AND INSPECTION: Pittsylvania County reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications. M. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of Pittsylvania County. N. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract. 2. The Purchasing Department may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Manager’s written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Department decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Department a credit for any savings. Said compensation shall be determined by one of the following methods: Any additions or changes to the contact shall be mutually agreed upon between the parties in writing and approved by the Purchasing Manger before the changes take affect. O. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the County, after due oral or written notice, may terminate this contract and procure all goods and/or services contracted for, from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the County may have. P. TAXES: Sales to Pittsylvania County are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The County’s excise tax exemption registration number is 54-6001508. If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price. Q. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (bidders/offerors) to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article 52 which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The (bidder/offeror) is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the (bidder/offeror) clearly indicates in its (bid/proposal) that the product offered is an equivalent product, such (bid/proposal) will be considered to offer the brand name product referenced in the solicitation. R. TRANSPORTATION AND PACKAGING: By submitting their (bids/proposals), all (bidders/offerors) certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon 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 legibly marked or labeled on the outside with purchase order number, commodity description, and quantity. S. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. MINIMUM INSURANCE COVERAGES AND LIMITS: 1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract. 2. Employer’s Liability - $100,000. 3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement. 4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.) Profession/Service Limits Accounting $1,000,000 per occurrence, $3,000,000 aggregate Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection or Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.) Code of Virginia § 8.01-581.15 53 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/ Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate Legal $1,000,000 per occurrence, $5,000,000 aggregate Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate Surveying $1,000,000 per occurrence, $1,000,000 aggregate T. 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) for a minimum of 10 days. U. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000: 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, 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. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. V. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider. W. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the Board of Supervisors has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement. X. 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. A. 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 54 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. 55 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 56 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 10/3/2023 (207) 774-6257 (207) 774-2994 36064 Berry Dunn McNeil & Parker LLC 2211 Congress Street Portland, ME 04102 22306 22292 11149 A 1,000,000 X ZZP D240054 4/30/2023 4/30/2024 1,000,000 ISO form CG 00 01 15,000 1,000,000 2,000,000 2,000,000 1,000,000B ADPD240058 4/30/2023 4/30/2024 Hired Auto P.D.50,000 8,000,000C UHP D240055 4/30/2023 4/30/2024 8,000,000 0 D 5101800149 1/1/2023 1/1/2024 1,000,000 N 1,000,000 1,000,000 30 day notice of cancellation with 10 days notice for non-payment of premium, if required by written contract/agreement. Certififacte Holder and The Commonwealth of Virginia are Additional Insureds with respect General Liability as required by written contract/agreement Pittsylvania County Purchasing Department 1 Center Street Chatham, VA 24531 BERRDUN-03 THARMON Clark Insurance 1945 Congress Street, Bldg A PO Box 3543 Portland, ME 04104-3543 info@clarkinsurance.com Hanover American Massachusetts Bay The Hanover Insurance Company Maine Employers Mutual Ins Co X X X X X X X X X X X 57 PROFESSIONAL SERVICES AGREEMENT BETWEEN PITTSYLVANIA COUNTY AND BERRY, DUNN, MCNEIL & PARKER, LLC dba BERRYDUNN This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into between Pittsylvania County, Virginia, a political subdivision of the Commonwealth of Virginia, with an office located at 1 Center Street, Chatham, VA 24531 (hereinafter the “COUNTY”), and Berry, Dunn, McNeil & Parker, LLC dba BerryDunn, with an office located at 2211 Congress Street, Portland, ME 04102 (hereinafter the “CONSULTANT”). The COUNTY and CONSULTANT are sometimes referred to in this Agreement as the “parties” and each, individually, as a “party.” The CONSULTANT hereby agrees with the COUNTY, for the consideration named herein, to perform the services stipulated in this Agreement. 1. CONSULTANT’S SERVICES A. The CONSULTANT, on behalf of the COUNTY, will perform and carry out in a professional manner the components essential to provide an updated Parks and Recreation Master Plan. B. The Scope of Work will be defined by the COUNTY’S Request for Proposal No. 20230621 dated June 22, 2023, and CONSULTANT’S Proposal dated July 27, 2023. These documents are attached hereto as Exhibit A and Exhibit B, respectively, and are incorporated herein by reference. C. The COUNTY will pay CONSULTANT for its services pursuant to the Costs section of CONSULTANT’S Proposal, Exhibit A, page 30, which provides for a total not-to-exceed cost for services of $102,536. 2. THE COUNTY WILL PROVIDE A. Access to pertinent information and available data requested by the CONSULTANT. B. Any assumptions that are necessary to the work to be performed by CONSULTANT. C. Attendance and participation at all scheduled meetings and work sessions. D. Timely review of draft and preliminary materials submitted by the CONSULTANT. 3. DOCUMENTS All documents and services provided by the CONSULTANT pursuant to this Agreement are instruments of service with respect to this project. Upon receipt of payment for these services, the CONSULTANT’S documents and material developed by the CONSULTANT under this Agreement are the property of the COUNTY. The COUNTY has the right to re-use these documents and computer software on extensions of the project or for other projects; provided that 58 such re-use will be at the COUNTY’S sole risk and without liability or legal exposure to the CONSULTANT. 4. NONDISCLOSURE OF PROPRIETARY INFORMATION The CONSULTANT will consider all information provided by the COUNTY and all reports, studies, and other documents resulting from the CONSULTANT’S performance of these services to be proprietary unless such information is available from public sources. The CONSULTANT will not publish or disclose proprietary information for any purpose other than the performance of the services under this Agreement without the prior written authorization of the COUNTY or in response to legal process. The CONSULTANT will maintain all originals in the CONSULTANT’S files for a period of not less than three (3) years from the date CONSULTANT completes these services and will provide the COUNTY access to and the right to examine and copy information contained in the files pertaining to the services. In the event of legal process, the rights of access, examination, and copying hereunder will continue until the conclusion of any litigation, appeals, claims, arbitration, or other legal process. 5. CHANGES AND ADDITIONS CONSULTANT will notify the COUNTY in writing of any recommended or necessary modifications or additions to the Scope of Work contemplated under this Agreement. Compensation for all changes or additions in the Scope of Work must be negotiated and approved by the parties in writing. 6. ADDITIONAL SERVICES The COUNTY may request additional services associated with this project that are outside of the Scope of Work contemplated under this Agreement. If CONSULTANT agrees to any such request, compensation for these additional services will be based on CONSULTANT’S current billing rates plus reasonable travel expenses. The parties will approve the scope, number of hours, and fee schedule for such services in writing before CONSULTANT begins any additional work. 7. NOTICE A. Any notice, demand, or request required by or made pursuant to this Agreement must be in writing and will be deemed properly made if personally delivered or deposited in the United States mail, postage prepaid, to the representative specified below, and/or sent to the email address(es) that the parties have routinely used to communicate with each other during the term of this Agreement. Provided, however, that any notice of suspension or termination pursuant to Section10 of this Agreement must be sent by United States certified mail, postage prepaid, return receipt requested and will not become effective until the date of receipt. Nothing in this paragraph is intended to restrict the transmission of routine communications between the parties’ representatives. B. The name and mailing address of COUNTY’S Representative for purposes of this notice provision, unless and until another person is designated in writing, is Connie Gibson, Procurement Manager, Pittsylvania County, 1 Center Street, Chatham, VA 24531. 59 C. The name and mailing address of CONSULTANT’S Representative for purposes of this notice provision, unless and until another person is designated in writing, is Chad Snow, Principal, Berry, Dunn, McNeil & Parker, LLC, 2211 Congress Street, Portland, ME 04102. 8. MANNER OF PAYMENT A. The CONSULTANT will furnish the COUNTY with timely progress invoices each month for services rendered to date. The terms of payment will be net thirty (30) days. B. The CONSULTANT may assess late payment charges at the rate of one and one-half percent (1.5%) per month for any past due payments. C. If any invoice is the subject of a legitimate dispute between the parties, no late payment charges will apply to any amounts not paid by the COUNTY because of said dispute; and COUNTY will pay all amounts not reasonably deemed to be included in the dispute. 9. FORCE MAJEURE CONSULTANT will use commercially reasonable efforts to complete all services contemplated under this Agreement. However, neither party will be liable to the other party for any failure to perform, or delay in performance of, any obligation under this Agreement to the extent such failure or delay has been wholly or principally caused by acts or events beyond CONSULTANT’S reasonable control rendering performance illegal or impossible. As used in this section, “force majeure” means any cause beyond the reasonable control of a party including, but not limited to, an act of God, nature, act of aggression, fire, strike, flood, riot, war, delay of transportation, terrorism, pandemics or other widespread outbreaks of infectious diseases, or the inability, due to the aforesaid causes, to obtain necessary labor, material, or facilities. 10. TERMINATION OR SUSPENSION OF CONTRACT A. Either party may terminate this Agreement upon written notice to the other party in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party; provided, however, that the terminating party has first given the other party written notice of the reason for such termination and the other party has failed to cure or rectify the issue or matter within fifteen (15) days of receipt of such notice. B. In the event the COUNTY terminates the CONSULTANT’S services as permitted under Section 10.A of this Agreement, the COUNTY will pay the CONSULTANT for all services performed to the effective date of termination. The CONSULTANT will be entitled to receive only the fair value of services rendered and direct out of pocket expenses incurred hereunder prior to the effective date of such termination. Upon restart of a project previously terminated, equitable adjustment may be made to compensation for remobilization of the project. 11. ASSIGNMENT Neither party will assign or transfer their rights or obligations in this Agreement without the written consent of the other party, and such consent will not be unreasonably withheld. 60 12. INSURANCE The CONSULTANT will purchase and maintain insurance that will cover all CONSULTANT’S employees while performing the services contemplated under this Agreement and any work incidental to the performance of this Agreement. CONSULTANT will maintain insurance that meets the coverage types and amounts required by the COUNTY as set forth in the COUNTY’S Request for Proposal, Exhibit A, at pages 19-20. 13. ETHICS IN PUBLIC CONTRACTING The CONSULTANT certifies that its proposal was made without collusion or fraud and that CONSULTANT has not offered or received any kickbacks or inducements from any other contractor, supplier, manufacturer, or subcontractor in connection with CONSULTANT’S Proposal; that CONSULTANT has not conferred with any public employee having official responsibility for this procurement transaction; and that CONSULTANT has not received any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, in connection with this proposal or procurement transaction, unless consideration of substantially equal or greater value was exchanged. 14. SEVERABILITY If any part, term, or provision of this Agreement is found by a Court to be legally invalid or unenforceable, then such provision or portion thereof will be performed in accordance with applicable laws to the extent possible. The invalidity or unenforceability of any provision or portion of this Agreement or any contract document related to this Agreement will not affect the validity of any other provision or portion of this Agreement or any related contract document. 15. AGREEMENT CONSTRUED UNDER VIRGINIA LAWS The Agreement is deemed to be executed and performed in the State of Virginia and will be construed in accordance with the laws of the State of Virginia. 16. INCORPORATED TERMS OF REQUEST FOR PROPOSAL The COUNTY’S Request for Proposal No. 20230621 dated June 22, 2023, including the General Terms and Conditions and Special Terms and Conditions contained therein, is attached hereto as Exhibit A and is incorporated herein by reference; except that the Cancellation of Contract term set forth on page 14 of the COUNTY’S Proposal is modified by Section 10 of this Agreement, which provides that the party terminating the Agreement must first give the other party written notice of the reason for such termination and allow the other party the opportunity to cure or rectify the issue or matter within fifteen (15) days of receipt of such notice. 17. ENTIRE UNDERSTANDING This Agreement comprises the entire understanding between the parties and cannot be modified, altered, or amended, except in writing and signed by the parties. 61 18. TERM The term of this Agreement will be from the date of execution through August 31, 2024, unless it is terminated earlier by either party pursuant to Section 10 of this Agreement. The term of this Agreement may be extended upon the mutual consent of both parties in writing. By signing below, each party executes this Agreement as of the date written below and agrees to all the terms and conditions contained herein. Pittsylvania County By: Print Name: Title: Date: Berry, Dunn, McNeil & Parker, LLC dba BerryDunn By: Print Name: Chad Snow Title: Principal Date: 62 7.i. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Amendment to Local Performance Agreement Execution Approval (Making Everything Possible, LLC) Staff Contact(s): Matthew Rowe Agenda Date: October 17, 2023 Item Number: 7.i. Attachment(s): 1. 2023 Amendment to Local Performance Agreement - Making Everything Possible LLC Reviewed By: SUMMARY: On June 7, 2021, Governor Northam’s office announced that MEP, Ltd. of Aylesford, United Kingdom, would locate their first US manufacturing facility in the RIFA-owned Cyber Park, resulting in new capital investments of $6.4 and the creation of 45 high-wage jobs. The Company has successfully located initial operations within the high-bay at the Institute for Advanced Learning and Research ("IALR"). Due to operational considerations of the Company, the original Local Performance Agreement ("LPA") needs to be amended to eliminate the phased approach of the Project. This is the only change being proposed by the amended LPA. This amendment will also need to be passed by RIFA, Danville, and the County IDA. For the Board's review and consideration, attached is related documentation. FINANCIAL IMPACT AND FUNDING SOURCE: None. The original LPA incentives remain and are still entirely dependent upon Company performance. Per the original LPA, RIFA has paid up to $75,000 towards one (1) year of rent at the IALR. RECOMMENDATION: County Staff recommends the Board approve the amended LPA as attached and presented. MOTION: 63 “I make a Motion approving the amended LPA as attached and presented." 64 THIS AMENDMENT TO LOCAL PERFORMANCE AGREEMENT (this "Amendment"), made and entered into as of the 11th day of October 2023, by and among DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY, a political subdivision of the Commonwealth of Virginia ("RIFA"); the INDUSTRIAL DEVELOPMENT AUTHORITY OF DANVILLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "City IDA"); the CITY OF DANVILLE, VIRGINIA, a Virginia municipal corporation (the "City"); the INDUSTRIAL DEVELOPMENT AUTHORITY OF PITTSYLVANIA COUNTY, VIRGINIA, 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 MAKING EVERYTHING POSSIBLE, LLC, a Virginia limited liability company (the "Company"); W I T N E S S E T H : NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: Section 1. - Recitals. The parties recite the following facts: a. The parties entered into that certain Local Performance Agreement dated June 14, 2021 (the “2021 LPA”). b. Since that time, the economic climate has significantly changed, especially in light of the global CoViD-19 pandemic, and the parties wish to amend the obligations of the Company under the LPA. Instead of having two (2) phases of investment by the Company as provided in the 2021 LPA, there would be a single phase for the creation of a total of forty-five (45) new jobs and the capital investments of at least Six Million Four Hundred Forty Five Thousand and 00/100 Dollars ($6,445,000.00), under the terms and conditions as more particularly described below. Section 2. - Definitions. Unless otherwise provided in this Amendment, the terms used in this Amendment shall have the same meaning given to such term in the 2021 LPA. The 2021 LPA, as modified by this Amendment, shall be referred to as the "LPA". Section 3. - Single Phase. The 2021 LPA is hereby amended such that there shall no longer be a Phase I and a Phase II as to the Company’s obligations, but that there shall be a single phase of investments by the Company under the LPA. Accordingly, except as otherwise more specifically set forth in this Amendment or where the context requires, all references in the 2021 LPA: a. to “Phase I Performance Date” are hereby revised to “Performance Period”; 65 b. to “Phase I Start-Up Center” are hereby revised to “Start-Up Center”; c. to “Phase II Production Facility” are hereby revised to “Production Facility”; and d. to “Phase II Performance Period” are hereby revised to “Performance Period”. Section 4. - Recitals. Section 1(c) (“Recitals”) of the 2021 LPA is hereby replaced in its entirety by the following: c. The Company has agreed to establish and to operate its business in the City and/or the County and establish a production facility containing at least 30,000 square feet of space in RIFA's Cyber Park or other RIFA industrial park agreed upon by the parties, in a precise location to be determined by RIFA and the Company. d. During the Performance Period described below, the Company plans to make capital investments to or for the Production Facility of at least Six Million Four Hundred Forty Five Thousand and 00/100 Dollars ($6,445,000.00) and to create forty- five (45) jobs, with an average yearly base wage of at least Sixty-Two Thousand and 00/100 Dollars ($62,000.00), as set forth in this Agreement. Section 5. - The Ground Lease. a. Section 3(b) of the 2021 LPA. Section 3(b) of the 2021 LPA is hereby amended as follows (bold double underlined text indicates additions; bold strikeout text indicates deletions): b. Ground Lease – Minimum Terms and Conditions. The Company shall execute a Ground Lease with the GL Landlord in a form reasonably acceptable to RIFA; however, the Ground Lease, at a minimum, shall provide the following provisions: i. Within one hundred eighty (180) days after the Company's execution of this Agreement, The the Company and the landlord/sublandlord under the Ground Lease ("GL Landlord"), at no direct expense to RIFA, shall cause the construction of the Production Facility building upon the Land on or before the Performance Date. In the event that the City IDA or the County IDA is GL Landlord and the Company is in default of this Agreement and all applicable cure periods, if any, have expired, during the Performance Period, as noticed in writing by RIFA to GL Landlord, the Ground Lease shall immediately terminate. ii. The term of the Ground Lease shall be fifteen (15) years (the "GL Term"), beginning on the date that the Company completes, in 66 full, its obligations for Capital Investment and New Job creation as set forth in Sections 4(a) and 4(b) below. Such completion in full shall be a condition precedent to the Ground Lease. Monthly base rent shall be equal to the repayment amount of the financing for the Phase II Production Facility, accruing annual interest at no more than four percent (4%) or if no such financing is provided by GL Landlord, One Hundred and 00/100 Dollars ($100.00); or in the case of a Third Party Developer as the GL Landlord, such other rent agreed upon by the Company and the GL Landlord or Third Party Developer; however, in such case, the monthly base rent shall be structured in such a reasonable manner for the Company to comply with its obligations to make Capital Investment within the Performance Period. In addition to such base monthly rent, the Company shall pay to the GL Landlord a monthly administrative fee of Two Hundred Fifty and 00/100 Dollars ($250.00). iii. The Company and GL Landlord shall obtain prior written approval from RIFA of (A) the construction plans for the Phase II Production Facility, and (B) the construction schedule that is reasonably calculated to complete the construction and capital expenditures within the Performance Period. Section 6. - Capital Investment and New Job Creation by the Company. a. Phase I: Capital Investment and New Jobs. Section 4(a) (“Phase I: Capital Investment $8,000,000.00”) and Section 4(b) (“Phase I: 8 New Jobs”) of the 2021 LPA shall no longer apply or be in effect. b. Phase II References. In Section 4(c) (“Phase II: Capital Investment $6,445,000.00”) of the 2021 LPA, all references to “Phase II” are hereby deleted. c. New Jobs. The first sentence of Section 4(d) (“Phase II: 37 Additional New Jobs”) of the 2021 LPA is hereby replaced in its entirety with the following new sentence: d. 45 New Jobs. The Company shall create and employ a total forty- five (45) New Jobs on or before the Performance Date and shall Maintain these New Jobs until at least the Performance Date. d. Financial Report. Section 4(e) (“Financial Report”) of the 2021 LPA is hereby amended by deleting the phrase, “of the Phase I Start Up Center and the Phase II”. Section 7. - Industrial Enhancement Grant. After the first sentence of Section 5(b) (“$250,000.00 Danville-Pittsylvania County Industrial Enhancement Grant”) of the 2021 LPA, the 2021 LPA is hereby amended by adding the following, “This grant shall not be 67 disbursed in advance of the Company’s performance of the requirements of such grant.” Section 8. - Payment of Base Rent. The parties acknowledge and agree that RIFA has fully paid the incentive set forth in Section 5(e) (“Up to $75,000.00 Payment of Base Rent for the Lease for the Phase I Start-Up Center”) of the 2021 LPA. Section 9. - Repayment of Grants for Failure to make the Capital Investment and/or to create and Maintain New Jobs. Section 10(d) of the 2021 LPA is hereby replaced in its entirety with the following new Section (d): d. Notwithstanding the above or anything herein to the contrary, in the event (i) the Company and RIFA are unable to find a willing and able third party developer to finance the Production Facility, (ii) the City IDA, County IDA and the Company are unable to finance the Production Facility after diligently pursuing any and all reasonable options for financing, and (iii) the Company is not then in default of its capital investment and/or job creation obligations during the Performance Period, any funds received by Company for its capital investment and job creation to date shall not be subject to recapture/reimbursement. Further, such failure to obtain financing for Production Facility shall not be an ‘Event of Default’ hereunder. Section 10. - Effect on the 2021 LPA. Except as amended in this Amendment, all other terms, provisions, and conditions of the 2021 LPA shall remain in full force and effect, and the parties ratify and confirm that the 2021 LPA, as amended by this Amendment, is and remains in full force and effect. [SIGNATURES ARE ON FOLLOWING PAGES.] 68 WITNESS our signature and seal to this AMENDMENT TO LOCAL PERFORMANCE AGREEMENT as of the date first above written: DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY, a political subdivision of the Commonwealth of Virginia By: _______________________________ J. Lee Vogler, Jr. Chairman (SEAL) ATTEST: ______________________________ Susan M. DeMasi Corporate Secretary Danville-Pittsylvania Regional Industrial Facility Authority COMMONWEALTH OF VIRGINIA, AT LARGE CITY/COUNTY OF _______________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________ 2022, by J. LEE VOGLER, JR., in his capacity as Chairman of DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY, a political subdivision of the Commonwealth of Virginia, on behalf of such entity. My commission expires: ________________________________. ________________________________________ Notary Public Registration No. ____________________ 69 WITNESS our signature and seal to this AMENDMENT TO LOCAL PERFORMANCE AGREEMENT as of the date first above written: CITY OF DANVILLE, VIRGINIA, a Virginia municipal corporation By: _______________________________ Kenneth F. Larking City Manager (SEAL) ATTEST: ______________________________ Susan M. DeMasi City Clerk City of Danville, Virginia COMMONWEALTH OF VIRGINIA, AT LARGE CITY/COUNTY OF _______________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________ 2023, by KENNETH F. LARKING, in his capacity as City Manager of CITY OF DANVILLE, VIRGINIA, a Virginia municipal corporation, on behalf of such entity. My commission expires: ________________________________. ________________________________________ Notary Public Registration No. ____________________ 70 WITNESS our signature and seal to this AMENDMENT TO LOCAL PERFORMANCE AGREEMENT as of the date first above written: INDUSTRIAL DEVELOPMENT AUTHORITY OF DANVILLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia By: _______________________________ T. Neal Morris Chairman (SEAL) ATTEST: ______________________________ Susan M. DeMasi City Clerk City of Danville, Virginia COMMONWEALTH OF VIRGINIA, AT LARGE CITY/COUNTY OF _______________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________ 2023, by T. NEAL MORRIS, in his capacity as Chairman of INDUSTRIAL DEVELOPMENT AUTHORITY OF DANVILLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, on behalf of such entity. My commission expires: ________________________________. ________________________________________ Notary Public Registration No. ____________________ 71 WITNESS our signature and seal to this AMENDMENT TO LOCAL PERFORMANCE AGREEMENT as of the date first above written: INDUSTRIAL DEVELOPMENT AUTHORITY OF PITTSYLVANIA COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia By: _______________________________ Joey Faucette Chairman (SEAL) ATTEST: ______________________________ J. Vaden Hunt Clerk Pittsylvania County, Virginia COMMONWEALTH OF VIRGINIA, AT LARGE CITY/COUNTY OF _______________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________ 2023, by JOEY FAUCETTE, in his capacity as Chairman of INDUSTRIAL DEVELOPMENT AUTHORITY OF PITTSYLVANIA COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, on behalf of such entity. My commission expires: ________________________________. ________________________________________ Notary Public Registration No. ____________________ 72 WITNESS our signature and seal to this AMENDMENT TO LOCAL PERFORMANCE AGREEMENT as of the date first above written: COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia By: _______________________________ Darrell Dalton, Chairman Board of Supervisors (SEAL) ATTEST: ______________________________ Kaylyn McCluster Deputy Clerk Pittsylvania County Board of Supervisors COMMONWEALTH OF VIRGINIA, AT LARGE CITY/COUNTY OF _______________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________ 2023, by DARRELL DALTON, 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. ____________________ 73 WITNESS our signature and seal to this AMENDMENT TO LOCAL PERFORMANCE AGREEMENT as of the date first above written: MAKING EVERYTHING POSSIBLE, LLC, a Virginia limited liability company By: _________________________________ Philip I. Hart, President (SEAL) COMMONWEALTH OF VIRGINIA, AT LARGE CITY/COUNTY OF _______________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of _______________ 2023, by PHILIP I. HART, in his capacity as President of MAKING EVERYTHING POSSIBLE, LLC, a Virginia limited liability company, on behalf of such entity. My commission expires: ________________________________. ________________________________________ Notary Public Registration No. ____________________ 74 7.j. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: VADEQ, Danville, County, and RIFA Memorandum of Agreement for VSMP Administration for Cane Creek Industrial Park Execution Approval Staff Contact(s): Matthew Rowe Agenda Date: October 17, 2023 Item Number: 7.j. Attachment(s): 1. MOA Danville-Pittsylvania RIFA Cane Creek Centre Reviewed By: SUMMARY: The County and the City of Danville, Virginia (“Danville”), have jointly worked with their local state representatives to draft legislation, which was ultimately approved by the General Assembly (House Bill 184). This legislation enables stormwater management permitting and approval for RIFA properties to be administered by a participating locale, if that locale has “opted in” to administer the Virginia Stormwater Management Program locally. The County has not “opted in,” while Danville has, meaning that Danville will be able to review, approve, and administer VSMP permits for RIFA properties; thereby, greatly reducing permitting and review times for stormwater permits from up to ninety (90) days (as currently done with the State) now, to down to as little as ten (10) days (or possibly even less). Per House Bill 184, all participating locales and VADEQ must execute an Administration Agreement. Thus far, the County and Danville have approved two (2) such agreements for the Southern Virginia Megasite and the Southern Virginia Multimodal Park. This consideration before the Board is to include Cane Creek Centre Industrial Park. For the Board’s review and consideration, attached is a Memorandum of Agreement (“MOA”) evincing the same. Said MOA has already been approved to form by all parties. The MOA will also need to be approved by VADEQ, Danville, and RIFA. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. 75 RECOMMENDATION: County Staff recommends that the Board approve the MOA as attached and presented. MOTION: “I make a Motion approving the MOA as attached and presented.” 76 MEMORANDUM OF AGREEMENT This MEMORANDUM OF AGREEMENT (Agreement) is made as of this ___ day of October 2023 among the VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ), the CITY OF DANVILLE, VIRGINIA (Danville), PITTSYLVANIA COUNTY, VIRGINIA (Pittsylvania County), and the DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY (Authority). WHEREAS, to ensure the protection of water quality and the environment, the Code of Virginia establishes programs for stormwater management, the Stormwater Management Act (§ 62.1-44.15:24 et seq. of the Code of Virginia), and erosion and sediment control, the Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq. of the Code of Virginia); WHEREAS, under the Erosion and Sediment Control Law, counties and cities (locality or localities) are required to adopt and administer a Virginia Erosion and Sediment Control Program (VESCP) for land-disturbing activities consistent with the provisions of the Erosion and Sediment Control Law (§ 62.1-44.15:54 of the Code of Virginia); WHEREAS, under the Stormwater Management Act, a locality that operates a regulated municipal separate storm sewer system (MS4) is required to adopt and administer a Virginia Stormwater Management Program (VSMP) for land-disturbing activities consistent with the provisions of the Stormwater Management Act (§ 62.1-44.15:27 of the Code of Virginia); WHEREAS, DEQ operates a VSMP on behalf of any locality that does not operate a regulated MS4 and that does not notify the Department of its decision to participate in the establishment of a VSMP (§ 62.1-44.15:27 of the Code of Virginia); WHEREAS, Danville operates a regulated MS4 and has adopted a VSMP consistent with the Stormwater Management Act, such that Danville is the VSMP authority for land-disturbing activities in Danville; WHEREAS, Pittsylvania County has adopted a VESCP consistent with the Erosion and Sediment Control Law, such that Pittsylvania County is the VESCP authority for land-disturbing activities in Pittsylvania County; WHEREAS, Pittsylvania County has decided not to establish its own VSMP and relies on DEQ to be the VSMP authority for land-disturbing activities in Pittsylvania County; WHEREAS, Danville and Pittsylvania County are locality members of the Danville-Pittsylvania Regional Industrial Facility Authority (Authority), a regional industrial facility authority established pursuant to Chapter 64 (§ 15.2-6400 et seq.) of the Code of Virginia; WHEREAS, the Authority controls property located within Pittsylvania County that is known as the Cane Creek Centre industrial park (Cane Creek); WHEREAS, Chapter 160 of the 2022 Acts of Assembly (House Bill 184) amends § 62.1- 44.15:27 of the Code of Virginia by adding the following: In the case of a land-disturbing activity located on property controlled by a regional industrial facility authority established pursuant to Chapter 64 (§ 15.2-6400 et seq.) of Title 15.2, if a participating local member of such an authority also administers a VSMP, such locality shall be authorized to administer the VSMP on authority property, in accordance with an agreement entered into with all relevant localities and the existing VSMP for the property; 77 WHEREAS, Danville is a participating member of the Authority and also administers a VSMP; and WHEREAS, DEQ, Danville, Pittsylvania County, and the Authority have agreed to have Danville administer the VSMP at Cane Creek; NOW, therefore, DEQ, Danville, Pittsylvania County, and the Authority agree as follows: 1. Virginia Erosion and Sediment Control Program. Pittsylvania County maintains authority and responsibility for implementing erosion and sediment control program requirements as the VESCP authority for land-disturbing activities in Pittsylvania County. 2. Review of Stormwater Management Plans and Registration Statements. Pursuant to Chapter 160 of the 2020 Acts of Assembly and this Agreement, Danville will receive and review individual project- specific plans and registration statements for coverage under the General VPDES Permit for Discharges of Stormwater from Construction Activities that involve proposed land-disturbing activities at the Berry Hill megasite in accordance with its obligations as a VSMP authority and Chapter 13 of the Danville, Virginia Code of Ordinances (Danville SWM Ordinance). DEQ will not act as the VSMP for land disturbing activities at the Berry Hill megasite as long as this Agreement is in effect. 3. Compliance and Inspection Site Visits. Danville, acting as the VSMP authority for land- disturbing activities at Cane Creek, will perform compliance and inspection activities in accordance with its obligations as a VSMP authority and the Danville SWM ordinance. To the extent practicable, Danville will notify Pittsylvania County and DEQ at least five (5) business days in advance of planned compliance and inspection site visits to land-disturbing activities at Cane Creek as well as two (2) business days, when practicable, in advance of any unplanned inspection site visits (e.g., emergency or complaint-based inspections) to land-disturbing activities at Cane Creek. Notification of compliance and inspection site visits shall be made by telephone or email to the Contacts as set forth below: DEQ Blue Ridge Regional Office Stormwater Program Manager 540-562-6700 Emily S. Ragsdale, AICP Director of Community Development, Pittsylvania County 434-432-7974 Emily.Ragsdale@pittgov.org Once notified, if DEQ or Pittsylvania County intends on accompanying Danville on a site visit, each shall contact Danville at the following to coordinate information and logistics: Kenneth C. Gillie, Jr. Director of Community Development, City of Danville 434-799-5260 Gillikc@danvilleva.gov During any such site visits, Danville, Pittsylvania County, DEQ, and their respective employees and agents will comply with minimum site inspection safety requirements for construction, including the use 78 of personal protective equipment (PPE) while conducting inspections. Should more stringent safety requirements exist in Pittsylvania County, Pittsylvania County will convey those requirements to DEQ and/or Danville staff prior to entering the site. With respect to Pittsylvania County and this Agreement, the scope of any inspection site visit shall be limited solely to erosion and sediment control. This paragraph does not create an obligation for DEQ or Pittsylvania County to accompany Danville on any compliance or inspection site visit related to land-disturbing activities at Cane Creek. Nothing in this paragraph shall be construed to convey to Danville any of DEQ’s exclusive authority to administer the enforcement of the Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq. of the Code of Virginia) or the Stormwater Management Act (§ 62.1-44.15:24 et seq. of the Code of Virginia). 4. Enforcement. Danville, acting as the VSMP authority for land-disturbing activities at Cane Creek, shall enforce the Danville SWM Ordinance in accordance with the requirements in section 13-55 of the Danville SWM Ordinance. 5. Fees. Danville, acting as the VSMP authority for land-disturbing activities at Cane Creek, is authorized to assess fees for implementation of the VSMP in accordance with section 13-56 of the Danville SWM Ordinance. 6. Amendment, Modification, and Termination. This Agreement may be amended or modified only by written, mutual agreement of the parties. DEQ, Danville, or Pittsylvania County may terminate this Agreement by providing written notice to the Authority and other parties. The termination shall be effective upon the sixtieth calendar day following notice, unless a later date is set forth. In the event of termination, DEQ shall resume the role of VSMP authority for Cane Creek. Notice of amendment, modification, and termination shall be provided to: Melanie D. Davenport (804) 698-4038 Director, Water Permitting Division Virginia Department of Environmental Quality P.O. Box 1105 Richmond Virginia 23218 Melanie.Davenport@deq.virginia,.gov W. Clarke Whitfield, Jr. (434) 799-5122 City Attorney City of Danville Virginia427 Patton Street Danville, Virginia 24541 WhitCC@danvilleva.gov J. Vaden Hunt (434) 432-7720 County Attorney Pittsylvania County Virginia P.O. Box 426 Chatham, Virginia 24531 Vaden.Hunt@pittgov.org J. Lee Vogler, Jr. (434) 797-8928 Chairman Danville-Pittsylvania Regional Industrial Facility Authority P.O. Box 3300 79 Danville, VA 24543 427 Patton Street Danville, Virginia 24541 7. Effective Date. This Agreement shall be effective upon its execution by the date of the last approving signature among DEQ, Danville, Pittsylvania County and the Authority and will remain in effect indefinitely until suspended, rescinded, or modified by written mutual agreement of the parties. 8. Venue. The parties hereby agree that all claims in respect of any action or proceeding arising out of, or related to this Agreement shall be heard or determined only in the state court located in Danville, Virginia, or Pittsylvania County, Virginia. Witness the following duly authorized signatures: Virginia Department of Environmental Quality By: _____________________________________ Mike Rolband Director Date: 80 City of Danville By: _____________________________________ Kenneth F. Larking City Manager Date: 81 Pittsylvania County By: _____________________________________ Darrell W. Dalton Chairman of Board of Supervisors Date: 82 Danville-Pittsylvania Regional Industrial Facility Authority By: _____________________________________ J. Lee Vogler, Jr. Chairman Date: 83 7.k. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Resolution Agenda Title: Resolution # 2023-10-01 (Support of Revised Scope of Smart Scale Project (UPC 119165) Route 29/Route 703 Intersection Improvements) Adoption Staff Contact(s): Emily Ragsdale Agenda Date: October 17, 2023 Item Number: 7.k. Attachment(s): 1. 2023-10-01 Revised Scope of Smart Scale Project - Tightsqueeze Intersection Reviewed By: SUMMARY: The Virginia Department of Transportation ("VDOT") has presented a revised scope for UPC 119165: Construction of a left turn lane for Route 703 eastbound traffic, construction of a right turn lane for Route 703 westbound traffic, installation of new lighting, installation of rumble strips, relocation of existing signal poles out of the median area, and installation of a raised concrete median on a section of Route 703 on the west side of Route 29 to reduce conflicts with driveways that are located too close to the intersection (“Project”). County Staff supports these proposed changes. For the Board's review and consideration, Resolution # 2023-10-01, demonstrating the Board's support for this Project's revised scope is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt attached Resolution # 2023-10-01 as presented. MOTION: "I make a Motion adopting attached Resolution # 2023-10-01 as presented." 84 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2023-10-01 _____________________________________________________________________________ SUPPORT OF REVISED SCOPE OF SMART SCALE PROJECT (UPC 119165) ROUTE 29/ROUTE 703 INTERSECTION IMPROVEMENTS VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on Tuesday, October 17, 2023, in the Board Meeting Room, the following Resolution was presented and adopted: WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a Resolution be received from the Board requesting the following revised scope for UPC 119165: Construction of a left turn lane for Route 703 eastbound traffic, construction of a right turn lane for Route 703 westbound traffic, installation of new lighting, installation of rumble strips, relocation of existing signal poles out of the median area, and installation of a raised concrete median on a section of Route 703 on the west side of Route 29 to reduce conflicts with driveways that are located too close to the intersection (“Project”). NOW, THEREFORE, BE IT RESOLVED, that after considering the impacts to the community and safety for the traveling public in this area, the Board fully endorses the revised scope and the continued development of this Project; and BE IT FURTHER RESOLVED, that if Pittsylvania County, Virginia, subsequently elects to cancel this project, the Board agrees to reimburse the Virginia Department of Transportation (“VDOT”) for the total amount of costs expended by VDOT through the date it is notified of such cancellation. Given under my hand this 17th day of October, 2023. ________________________________________________ Darrell W. Dalton Chairman, Pittsylvania County Board of Supervisors ________________________________________________ Stuart J. Turille, Jr. Clerk, Pittsylvania County Board of Supervisors 85 7.l. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Resolution Agenda Title: Resolution # 2023-10-02 (Recognizing Dr. Kay Geyer’s Animal Control Donations) Adoption Staff Contact(s): Board of Supervisors Agenda Date: October 17, 2023 Item Number: 7.l. Attachment(s): 1. 2023-10-02 Dr Kay Geyer Appreciation Reviewed By: SUMMARY: Kay Geyer, DVM ("Dr. Geyer"), suggested building a fenced area adjacent to Animal Control’s Office to house animals awaiting disposition of their cases, and she has generously and selflessly donated the materials and construction expenses for a new fenced area for the County's Animal Control. She is now working to add a barn there also, which will be large enough to house a couple of horses or cows. The County sends appreciation to Dr. Geyer for her generous donations to Animal Control and for her general care for County animals. For the Board's review and consideration, Resolution # 2023-10-02, evincing the same, is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt attached Resolution # 2023-10-02 as presented. MOTION: "I make a Motion adopting attached Resolution # 2023-10-02 as presented." 86 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2023-10-02 _____________________________________________________________________________ RECOGNIZING GEYER’S ANIMAL CONTROL DONATIONS VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) October 17, 2023, Business Meeting, the following Resolution was presented and adopted: WHEREAS, annually, the County’s Pet Center takes in almost 2,400 animals in need of assistance; and WHEREAS, these animals are lost, stray, owner surrenders, or removed from homes by County Animal Control Officers; and WHEREAS, it is not uncommon for County Animal Control to pick up animals other than cats or dogs; sometimes cows, horses, goats, or chickens, and one year, the County seized eighteen (18) pigs; and WHEREAS, until recently, Kay Geyer, DVM (“Dr. Geyer”), had assisted the County by allowing Animal Control to bring seized livestock to her facility on U.S. Highway 29, but sometimes Geyer did not have enough room to house the animals; and WHEREAS, due to the volume of livestock, Dr. Geyer suggested building a fenced area adjacent to Animal Control’s Office to house the animals as they awaited the disposition of their cases; and WHEREAS, Dr. Geyer generously and selflessly donated the materials and construction expense for the fenced area; and WHEREAS, Dr. Geyer is now working to add a barn there also, which will be large enough to house a couple of horses or cows. NOW, THEREFORE, BE IT RESOLVED, that the Board expresses its deepest appreciation and gratitude to Dr. Geyer for her generous donations to Animal Control and for her general care for County animals. Given under my hand this 17th day of October, 2023. ________________________________________________ Darrell W. Dalton Chairman, Pittsylvania County Board of Supervisors ________________________________________________ Stuart J. Turille, Jr. Clerk, Pittsylvania County Board of Supervisors 87 7.m. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: ESRI Small Government Enterprise Agreement Renewal Execution Approval Staff Contact(s): Connie Gibson Agenda Date: October 17, 2023 Item Number: 7.m. Attachment(s): 1. County of Pittsylvania EA CONTRACT 2023 2. County of Pittsylvania Sole Source Letter Reviewed By: SUMMARY: The Sole Source contract with ESRI for Small Government Enterprise Software Agreement,GIS annual maintenance subscription, is up for renewal. GIS is part of NG911 data maintenance, web application development and maintenance Map development for the County. For the Board's review and consideration, an ESRI Contract is attached. FINANCIAL IMPACT AND FUNDING SOURCE: The total cost for three (3) years is $165,000; County will pay $55,000 per year. These funds have already been included in the FY 2023/2024 County Budget. RECOMMENDATION: County Staff recommends the Board award the ESRI Contract as attached and presented. MOTION: "I make a Motion awarding the ESRI Contract as attached and presented." 88 October 3, 2023 Mr. David Arnold County of Pittsylvania 53 N Main St Chatham, VA 24531-3113 Dear David, The Esri Small Municipal and County Government Enterprise Agreement (SGEA) is a three-year agreement that will grant your organization access to Esri term license software. The EA will be effective on the date executed and will require a firm, three-year commitment. Based on Esri's work with several organizations similar to yours, we know there is significant potential to apply Geographic Information System (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an Enterprise Agreement (EA). An EA will provide your organization with numerous benefits including: A lower cost per unit for licensed software Substantially reduced administrative and procurement expenses Complete flexibility to deploy software products when and where needed The following business terms and conditions will apply: All current departments, employees, and in-house contractors of the organization will be eligible to use the software and services included in the EA. If your organization wishes to acquire and/or maintain any Esri software during the term of the agreement that is not included in the EA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance. The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users. The organization will establish a Tier 1 support center to field calls from internal users of Esri software. The organization may designate individuals as specified in the EA who may directly contact Esri for Tier 2 technical support. The organization will provide an annual report of installed Esri software to Esri. Esri software and updates that the organization is licensed to use will be automatically available for downloading. The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri’s Small Municipal and County Government EA terms and conditions. 89 Licenses are valid for the term of the EA. This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have. To expedite your acceptance of this EA offer: 1. Sign and return the EA contract with a Purchase Order or issue a Purchase Order that references this EA Quotation and includes the following statement on the face of the Purchase Order: "THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI SMALL MUNICIPAL AND COUNTY GOVERNMENT EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER WILL NOT APPLY." Have it signed by an authorized representative of the organization. 2. On the first page of the EA, identify the central point of contact/agreement administrator. The agreement administrator is the party that will be the contact for management of the software, administration issues, and general operations. Information should include name, title (if applicable), address, phone number, and e-mail address. 3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization. 4. Send the purchase order and agreement to the address, email or fax noted below: Esri Attn: Customer Service SG-EA 380 New York Street Redlands, CA 92373-8100 e-mail: service@esri.com fax documents to: 909-307-3083 I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization. Thank you very much for your consideration. Best Regards, Jessie White 90 Quotation # Q-486700 Date: October 3, 2023 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 199124 Contract # ENTERPRISE AGREEMENT County of Pittsylvania IT/IM 53 N Main St Chatham, VA 24531-3113 To expedite your order, please attach a copy of ATTENTION:David Arnold this quotation to your purchase order. PHONE:434-770-0394 Quote is valid from: 10/3/2023 To: 1/1/2024 EMAIL:dave.arnold@pittgov.org Material Qty Term Unit Price Total 168179 1 Year 1 $55,000.00 $55,000.00 Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription 168179 1 Year 2 $55,000.00 $55,000.00 Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription 168179 1 Year 3 $55,000.00 $55,000.00 Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription Subtotal:$165,000.00 Sales Tax:$0.00 Estimated Shipping and Handling (2 Day Delivery):$0.00 Contract Price Adjust:$0.00 Total:$165,000.00 Upon acceptance of the offer, Pittsylvania County agrees to commit to the three-year term. Esri will invoice Pittsylvania County for the annual fee, in advance, each renewal year. Invoices are to be paid within thirty (30) days of receipt of the invoice. Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Jessie White Email: jwhite@esri.com Phone: (909) 793-2853 x7945 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use documentfound at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreementwith Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to yourpurchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is requiredto make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be providedand invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provideany such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US governmentprime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms andconditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All termsof this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation islimited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer,or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or releasedother than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for anyother purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. WHITEJ This offer is limited to the terms and conditions incorporated and attached herein. 91 Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # Page 1 of 6 January 3, 2023 SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-3) This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise (Advanced and Standard) ArcGIS Monitor ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Additional Capability Servers ArcGIS Image Server Developer Tools ArcGIS Runtime Standard ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer Two (2) ArcGIS CityEngine Single Use Licenses 250 ArcGIS Online Viewers 250 ArcGIS Online Creators 37,500 ArcGIS Online Service Credits 250 ArcGIS Enterprise Creators 5 ArcGIS Insights in ArcGIS Enterprise 5 ArcGIS Insights in ArcGIS Online 50 ArcGIS Location Sharing for ArcGIS Enterprise 50 ArcGIS Location Sharing for ArcGIS Online 4 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 4 ArcGIS Utility Network User Type Extensions (Enterprise) 4 ArcGIS Trace Network User Type Extensions (Enterprise) OTHER BENEFITS Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement *Additional sets of backup media may be purchased for a fee 92 Page 2 of 6 January 3, 2023 Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Customer) By: Authorized Signature Printed Name: Title: Date: CUSTOMER CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: Quotation Number (if applicable): 93 Page 3 of 6 January 3, 2023 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A—List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. 2.0—ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third-party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0—TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government- 94 Page 4 of 6 January 3, 2023 owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4.0—PRODUCT UPDATES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions in the Master Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at https://support.esri.com/en/other- resources/product-life-cycle. Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed, but Customer will not be able to Deploy retired Products. 5.0—MAINTENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at https://www.esri.com/en- us/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. 3. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4. The Tier 1 Help Desk will be the initial point of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Case. 5. If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Customer’s organization. 6. Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Customer may change the Tier 1 Help Desk individuals by written notice to Esri. b. Tier 2 Support 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 2. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to 95 Page 5 of 6 January 3, 2023 supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0—ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee up to thirty (30) calendar days before the annual anniversary date for each year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri reserves the right to suspend Customer's access to and use of Products if Customer fails to pay any undisputed amount owed on or before its due date. Esri may charge Customer interest at a monthly rate equal to the lesser of one percent (1.0%) per month or the maximum rate permitted by applicable law on any overdue fees plus all expenses of collection for any overdue balance that remains unpaid ten (10) days after Esri has notified Customer of the past-due balance. c. Esri's federal ID number is 95-2775-732. d. If requested, Esri will ship backup media to the ship-to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if known; and bill-to and ship-to addresses (2) Order number (3) Applicable annual payment due 96 Page 6 of 6 January 3, 2023 9.0—MERGERS, ACQUISITIONS, OR DIVESTITURES If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. 97 SOLE SOURCE LETTER Environmental Systems Research Institute, Inc. (Esri) 380 New York Street Redlands, CA 92373 J-8933-SGE/JR October 4, 2023 Esri 380 New York St., Redlands, CA 92373-8100, USA • TEL 909-793-2853 • FAX 909-793-5953 • E-MAIL info@esri.com • WEB www.esri.com DATE: October 4, 2023 TO: County of Pittsylvania FROM: Jackie Ricks, Contracts Specialist I, Contracts and Legal Services Dept. RE: Esri Sole Source Justification for Small Municipal and County Government Enterprise Agreement This letter confirms Esri, as owner and manufacturer, is the sole source provider of all U.S. domestic Small Municipal and County Government Enterprise Agreements (EA). The Small Municipal and County Government EA is a bundled package of term limited software licenses and maintenance that includes the right to copy. Subject to the disclosures set forth below, Esri is the only source that can grant a right to copy and deploy Enterprise Software within your organization (Enterprise). Also, domestically Esri is the only source of maintenance (updates and technical support) for all Esri® software. Esri has authorized certain resellers to resell Small Local Government Cloud-Based Enterprise Agreements for populations of less than 15,000. If you have further questions, please feel free to call our Contracts and Legal Services Department at 909-793-2853, extension 1990. 98 7.n. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Certificate of Recognition (Emily Marie Bivens Memorial Foundation) Transmission Approval Staff Contact(s): Nancy Eanes Agenda Date: October 17, 2023 Item Number: 7.n. Attachment(s): 1. Emily Bivens Memorial Fund Reviewed By: SUMMARY: In August 2022, Riley Jo Bivens created a music scholarship in honor of Blake Bivens' wife, Emily Marie Bivens. Emily believed in the power of music and had a true gift of musical talent that she wanted to share with future generations. Her immense passion for music is why this foundation and scholarship exists. Donations to the Emily Marie Bivens Memorial Foundation are used to completely fund a one (1)-year scholarship for piano lessons for children who would otherwise never have the chance. Not only does the scholarship completely cover the expenses of a one (1)-on-one (1) instructor, scholarship recipients also receive their very own keyboard to continue to learn and grow at home for years to come. They currently have two (2) instructors and five (5) students in the program. Children in the City of Danville, Virginia, along with surrounding counties and the Dan River District, are eligible to apply. Via the attached Certificate of Recognition, the Board strongly desires to honor Riley Jo Bivens for the creation of this scholarship in honor of Emily Marie Bivens. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the Certificate of Recognition as attached and presented. MOTION: 99 "I make a Motion approving the Certificate of Recognition as attached and presented." 100 C e r t i f i c a t e o f R e c o g n i t i o n In Memory of Emily Marie Bivens Darrell W. Dalton Chairman In August 2022, Riley Jo Bivens created a music scholarship in memory of Blake Bivens’ wife, Emily Marie Bivens. Emily believed in the power of music and she had a true gift of musical talent that she wanted to share with future generations. Her immense passion for music is why this foundation and scholarship exists. Donations to the Emily Marie Bivens Memorial Foundation are used to completely fund a one year scholarship for piano lessons for children who would otherwise never have the chance. Not only does the scholarship completely cover the expenses for a one-on-one instructor, scholarship recipients will also receive their own keyboard to continue to learn and grow at home for years to come. They currently have two instructors and five students in the program. Children in the City of Danville, along with surrounding counties and the Dan River District, are eligible to apply. The Pittsylvania County Board of Supervisors would like to recognize Riley Jo Bivens for the creation of this scholarship in honor of Emily Marie Bivens. Given this 17th day of October, 2023 Nancy K. Eanes Dan River District 101 7.o. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Professional Assessor Designation Letter Submission Authorization (Fred Pearson) Staff Contact(s): Patsy Budd Agenda Date: October 17, 2023 Item Number: 7.o. Attachment(s): 1. Letter to Dept of Taxation Reviewed By: SUMMARY: On May 17, 2022, the Pittsylvania County Board of Supervisors (“Board”) hired Pearson’s Appraisal Services to be the contractor for Pittsylvania County, Virginia’s (“County”) 2024 Reassessment. As part of the Reassessment process, the Commonwealth of Virginia’s Department of Taxation (“DOT”) requires the local governing body to offer up a Professional Assessor to be officially recognized and approved by the DOT. County Staff proposes the Board ask for Fred Pearson (“Pearson”) to be officially recognized by the DOT as the Professional Assessor for the County’s 2024 Reassessment. Pearson has a valid DPOR license (# 4001000428), that expires January 31, 2024. He has also met his requirements for continuing education with DPOR. For the Board’s review and consideration, attached is a letter evincing the same. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the submission of the attached letter to the DOT seeking the official recognition of Pearson as the Professional Assessor for the County’s 2024 Reassessment. MOTION: 102 “I make a Motion approving the submission of the attached letter to the DOT seeking the official recognition of Pearson as the Professional Assessor for the County’s 2024 Reassessment.” 103 October 11, 2023 VIA U.S. MAIL David E. Seay Senior Property Appraisal Consultant Property Tax Unit General Legal & Technical Services Virginia Department of Taxation P.O. Box 565 Richmond, Virginia 23218-0565 Re: Pittsylvania County 2024 Reassessment; Professional Assessor Designation Dear Mr. Seay, On May 17, 2022, the Pittsylvania County Board of Supervisors (“Board”) hired Pearson’s Appraisal Services to be the contractor for Pittsylvania County, Virginia’s (“County”) 2024 Reassessment. In furtherance of the same, the Board hereby officially recognizes Fred Pearson (“Pearson”) as the Professional Assessor for the County’s 2024 Reassessment. Pearson has a valid DPOR license (# 4001000428), that expires January 31, 2024. He has also met his requirements for continuing education with DPOR. The County’s RFP and Contract for this Reassessment was previously sent to your Office on October 11, 2023. Please do not hesitate to contact me if I can be of any further assistance. Sincerely yours, J. Vaden Hunt, Esq. Pittsylvania County Attorney Cc: PCET (via email) Hon. PCBOS (via email) Fred Pearson (Assessor); (via email) Patsy Budd (Internal Auditor/Reassessment Project Coordinator); (via email) Hon. Robin Goard (COR); (via email) Hon. Vincent Shorter (Treasurer); (via email) 104 7.p. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: PSAP Grant Appropriation Approval Staff Contact(s): Kim VanDerHyde Agenda Date: October 17, 2023 Item Number: 7.p. Attachment(s): 1. Pittsylvania_FY24-STAFF Reviewed By: SUMMARY: The County's Public Safety Department was recently awarded a Grant from the Virginia 911 Services Board in the amount of $48,750.00. These funds are to be used during FY 2024 for staffing recognition of employees of the E911 Dispatch Center. This Grant will make it possible to provide bonuses to the E911 Dispatch Staff for the hard work they do behind the scenes to keep County citizens safe. FINANCIAL IMPACT AND FUNDING SOURCE: This Grant requires no local match. RECOMMENDATION: County Staff recommends the Board approve the appropriation of $48,750 to the Grants Fund for the purpose of providing bonuses to all E911 Dispatch Staff. MOTION: “I make a Motion approving the appropriation of the $48,750 to the Grants Fund for the purpose of providing bonuses to all E911 Dispatch Staff. 105 Virginia 9-1-1 Services Board Dorothy Spears-Dean, Ph.D. Deputy State Coordinator VDEM (804) 840-7260 Mary Binford PSC Coordinator VDEM (804) 536-8177 Saving lives through effective emergency management and homeland security. “A Ready Virginia is a Resilient Virginia.” Justin Martin Finance Director Carroll County Julie Henry Virginia State Police Gary Critzer Emergency Mgmt/ EMS Dir City of Waynesboro Todd Brewster Police Chief Town of Blacksburg Terry Ellis Comcast John DiBacco Fire Chief City of Norfolk Patricia Turner Loudoun County Pete Hatcher AT&T Michelle Painter Lama T Mobile Matthew Ogburn Verizon Comminications Robert Osmond CIO - VITA Judson W. Smith Bedford County Gabe Elias SWIC Advisor Shawn Talmadge Chairman VDEM Hon Kevin W. Hall Sheriff Vice Chairman City of Covington Sharon Lawrence Treasurer Comptroller September 28, 2023 Dear Pittsylvania PSAP: I am pleased to advise you that the Virginia 9-1-1 Services Board has approved your FY24 Staffing Recognition grant request on 9/14/2023. You have been awarded the following grant: Grant ID: FY24-STAFF-082 Award Amount: $48,750.00 Award Period Start: 9/14/2023 Award Period End: 6/30/2024 Payment will be made on a reimbursement basis only for allowable costs. All funding requests must be submitted on the PSAP Grant Funding Reimbursement Form and submitted to psapgrants@vdem.virginia.gov. All supporting documentation required by the grant guidelines should be attached to the form when it is submitted. If you need to review the grant guidelines or need copies of grant reimbursement forms, you can visit the Public Safety Communications Division website which is located at https://psc.vdem.virginia.gov/. All grant funds for this award must be expended by 6/30/2024. If you have any questions, please do not hesitate to contact me or your NGS Outreach Manager. Questions can also be directed to the PSAP Grants mailbox: psapgrants@vdem.virginia.gov. Congratulations on your grant award! Sincerely, Mary Binford Public Safety Communications Coordinator 106 7.q. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Preventive Maintenance and Repairs for Solid Waste Collection Equipment Staff Contact(s): Connie Gibson Agenda Date: October 17, 2023 Item Number: 7.q. Attachment(s): 1. RFP PM for SW Collections Sites 2. Contract 3. Contract Reviewed By: SUMMARY: The purchasing department issued an RFP for Preventive Maintenance and Repairs for Solid Waste Equipment for the compactors and containers. It was advertised on the County website, VA Business Opportunity website and Star Tribune. We received four (4) proposals. Chris Adcock, Samantha Stone, and Rodney Poole were on the evaluation committee. The committee wants to award to the top two (2) ranking vendors, First Piedmont Waste Solutions and Danville Mobile Container. FINANCIAL IMPACT AND FUNDING SOURCE: Funds have been allocated in the Solid Waste Collections line 520-4-042300- 331000. RECOMMENDATION: Staff recommends the Board award the contracts as attached. MOTION: "I make a Motion to award the contracts as attached." 107 PITTSYLVANIA COUNTY, VIRGINIA REQUEST FOR PROPOSALS 20230810 August 10, 2023 Preventive Maintenance and Repairs for Solid Waste Collection Equipment CONTACT: CONNIE GIBSON, PURCHASING MANAGER 434-432-7744 Email: connie.gibson@pittgov.org 108 Pittsylvania County, Virginia RFP # 20230810 Issue date: August 10, 2023 Preventive Maintenance and Repairs for Solid Waste Equipment 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 Thursday, September 13, 2023, 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 #20230810, Preventive Maintenance and Repairs for Solid Waste Collection Equipment. 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., Thursday, September 13, 2023. 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, 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. 109 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) 110 A. PURPOSE Pittsylvania County is looking for qualified contractors that can provide a preventive maintenance and repairs program for any type of front load /rear load dumpsters, roll-off containers and compactors, associated with waste hauling. B. BACKGROUND Pittsylvania County has 24 compactor sites. Each site has a compactor and two (2) 40 yard Open Top containers. One site has two (2) compactors and four (4)- 40 yard open top containers. See attachment A for each location. It is the intent of Pittsylvania County, Virginia to execute a contract with the most qualified vendor that presents an economically viable proposal. The composition of the VENDOR’s organization and service they would provide, along with a price, shall be clearly defined and stated with the proposal. Past experience and qualifications of the organization shall be detailed in the proposal. The vendor must have trained staff able to completely refurbish our containers at a designated centralized facility or at the 24 different sites located in Pittsylvania County. C. SCOPE OF SERVICE Maintenance on compactors and frontend boxes to include but not limited to: Compactors • Preventive Maintenance • Electric, Hydraulic & Mechanical Repairs • Painting & Refurbishing • Emergency Repair Front and Rear Load REL Repairs • Lid & Lid Assembly Replacements • Parts Replacement • Total Bottom Replacements • Any Heavy Duty Repairs • On-site or On-yard Container Maintenance D. REPAIR SERVICE Repair service shall be performed at the location(s) of equipment within timeframes specified after call for service. Repair service PRICING shall be on an hourly rate charge basis depending on whether service is required on an emergency or scheduled basis as indicated on the bid form. Repair invoices shall list labor as a separate charge from supplies, materials, and parts. All charges for parts shall be at cost unless a percent mark-up is indicated on attachment A of the solicitation. Invoices for parts purchased by the contractor shall be included with the contactors final invoice to the County. The County reserves the right to engage an alternate contractor to carry out repair work if it is deemed to be in the best interest of the County when consideration is given to price, response time, or warranty work. 111 **Pittsylvania County cannot guarantee any amount of work during the contract period. Thus, making the contract on a “as needed basis”. The below services are negotiable: a) Emergency Service: 1. Respond within two hour of County’s call(s) for service. 2. Be at location of required service within two hours after notification by the County. b) Scheduled Service: 1. Respond within four hours of County’s call(s) for service. 2. Be at location of required service within twenty-four hours after notification by the County. c) Failure by the Contractor to respond to service calls within the allowed response time may place the Contractor in default and result in cancellation of the purchase order and/or contract. E. TECHNICAL DOCUMENTATION The Contractor shall obtain necessary technical documentation pertaining to maintenance or service and any additions to the County’s inventory throughout contract and extension periods. 1. Malfunction Reports: Contractor shall complete and furnish a malfunction report for each maintenance or service call with the invoice. A copy of each malfunction report shall be presented with time and material used outside the parameters of the monthly/annual charge. Invoices shall be received by the County before the next scheduled maintenance. 2. Reports shall include, at a minimum, the following information: • Date and time notification received. • Location of equipment. • Date and time of arrival. • Type and model of equipment. • Time spent for repair. • Description of malfunction and repair • Date and time equipment is made operational. • Part(s) ordered. 3. Detailed description of all completed repair work certifying equipment is in working order shall be signed by authorized County Representative at the time work is performed and must accompany the invoice for such work. F. SERVICE RECORDS In addition to the malfunction incident report (s), Contractor shall maintain a complete record of all service performed on each piece of equipment, including all parts replaced. This service record 112 shall be furnished to the designated County representative for review. The service record shall be an individual record identifying each piece of equipment explicitly, with a complete history of service and all parts used. All service records and all test results shall be furnished to the County for review. G. COUNTY RESPONSIBILITIES: The County will coordinate with the Contractor to: • Schedule equipment service times. • Provide access to all equipment when necessary. H. TECHNICAL POINT OF CONTACT: All work performed will be supervised and verified by the Supervisor of the Landfill. I. OFFEROR’S INSTRUCTION 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. 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: • Proposer’s plans, including, but not limited to experience in providing services described herein for other clients and the expertise of participating personnel. • 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.) • Proposer’s experience. • A detailed price schedule including all labor, supervision, equipment, tools, parts, and materials, as necessary. • 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. • A copy of any applicable Federal, State, or Local license • A certificate of insurance 2. Proposals shall be signed by the authorized representative of the Offeror. 3. Proposals should be prepared simply and economically, providing a straightforward, concise and detailed description of capabilities to satisfy the requirements of the RFP. 113 PROPOSAL EVALUATION PROCESS 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 below The County of Pittsylvania may ask top ranked Offerors to attend a presentation discussion as part of the evaluation process. 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. PROPOSAL EVALUATION CRITERIA The respondents will be evaluated on the following criteria: 1) Completeness of Proposal (25 points) 2) Qualifications and Experience of the Proposer, including (30 points) 3) applicable Virginia licensing requirements (5 points) 4) Proposal Cost (25 points) 5) References (15 points) The County of Pittsylvania reserves the right to reject any or all proposals SPECIAL TERMS AND CONDITIONS 1. AWARD: 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 Pittsylvania 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. 2. ADDITIONAL SERVICES: In the event that the County requires additional services of a similar nature as those included in the scope of services in this solicitation, the Firm shall provide the County with a written estimate of the total costs to complete the work required. If the County determines that the estimated price is not fair and reasonable, it has the right to ask the Firm to reevaluate the estimate. If the revised estimate is determined to be not 114 fair and reasonable, the County reserves the right to obtain additional quotes from other Firms. 3. ADDITIONAL USERS: This procurement is being conducted on behalf of the Pittsylvania County Board of Supervisors, state agencies, institutions and other public bodies who may be added or deleted at any time during the period of the contract. The addition or deletion of authorized users not specifically named in the solicitation shall be made only by written contract modification issued by this agency or institution and upon mutual agreement of the contractor. Such modification shall name the specific agency added or deleted and the effective date. The contractor shall not honor an order citing the resulting contract unless the ordering entity has been added by written contract modification. 4. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for ninety (90) days. At the end of the 90 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. 5. CANCELLATION OF CONTRACT: The County reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 30 calendar day’s written notice to the contractor. 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. 6. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the County of Pittsylvania, 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, goods, or equipment of any kind or nature furnished by the contractor/any services of any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole negligence of the County or to failure of the County to use the materials, goods, or equipment in the manner already and permanently described by the contractor on the materials, goods or equipment delivered. 7. 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. 8. 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. 115 9. 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. 10. 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. 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. 116 PITTSYLVANIA COUNTY GENERAL TERMS AND CONDITIONS (not all will be applicable) Any Special terms and conditions will supersede the below terms and conditions A. VENDORS MANUAL 1 B. APPLICABLE LAWS AND COURTS 1 C. ANTI-DISCRIMINATION 1 D. ETHICS IN PUBLIC CONTRACTING 2 E. IMMIGRATION REFORM AND CONTROL ACT OF 1986 2 F. DEBARMENT STATUS 2 G. ANTITRUST 3 H. CLARIFICATION OF TERMS 3 I. PAYMENT 3 J. PRECEDENCE OF TERMS 4 K. QUALIFICATIONS OF BIDDERS OR OFFERORS 4 L. TESTING AND INSPECTION 4 M. ASSIGNMENT OF CONTRACT 4 N. CHANGES TO THE CONTRACT 4 O. DEFAULT 4 P. TAXES 5 Q. USE OF BRAND NAMES 5 R. TRANSPORTATION AND PACKAGING 5 S. INSURANCE 5 T. ANNOUNCEMENT OF AWARD 6 U DRUG-FREE WORKPLACE 6 V. NONDISCRIMINATION OF CONTRACTORS 7 W. AVAILABILITY OF FUNDS 7 X. SMALL, WOMEN-, MINIORTY AND SERVICE DISABLED VETERAN-OWNED . A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit court of Pittsylvania County. The county and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations. C. ANTI-DISCRIMINATION: By submitting their (bids/proposals), (bidders/offerors) certify to the County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E). 117 In every contract over $10,000 the provisions in 1. and 2. below apply: 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, sexual orientation, gender identity, national origin, age, disability, or any 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. 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. d. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated. e. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract. 2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. D. ETHICS IN PUBLIC CONTRACTING: By submitting their (bids/proposals), (bidders/offerors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their (bid/proposal), and that they have not conferred on any public employee having official responsibility for this 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 was exchanged. E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000: By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in Pittsylvania County , knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia. If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor. G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to Pittsylvania County all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the 118 antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by Pittsylvania County under said contract. H. CLARIFICATION OF TERMS: If any prospective (bidder/offeror) has questions about the specifications or other solicitation documents, the prospective (bidder/offeror) should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer. I. PAYMENT: 1. To Prime Contractor: a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations). b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however. c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed. d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act. e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the County shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363). 2. To Subcontractors: a. Within seven (7) days of the contractor’s receipt of payment from the County, a contractor awarded a contract under this solicitation is hereby obligated: (1) To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or (2) To notify the county and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason. b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the County except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the 119 primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the County. 3. The Pittsylvania County encourages contractors and subcontractors to accept credit card payments. J. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply. K. QUALIFICATIONS OF (BIDDERS/OFFERORS): Pittsylvania County may make such reasonable investigations as deemed proper and necessary to determine the ability of the (bidder/offeror) to perform the services/furnish the goods and the (bidder/offeror) shall furnish to the County all such information and data for this purpose as may be requested. The County reserves the right to inspect (bidder’s/offeror’s) physical facilities prior to award to satisfy questions regarding the (bidder’s/offeror’s) capabilities. The County further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such (bidder/offeror) fails to satisfy the County that such (bidder/offeror) is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein. L. TESTING AND INSPECTION: Pittsylvania County reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications. M. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of Pittsylvania County. N. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract. 2. The Purchasing Department may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Manager’s written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Department decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Department a credit for any savings. Said compensation shall be determined by one of the following methods: Any additions or changes to the contact shall be mutually agreed upon between the parties in writing and approved by the Purchasing Manger before the changes take affect. O. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the County, after due oral or written notice, may terminate this contract and procure all goods and/or services 120 contracted for, from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the County may have. P. TAXES: Sales to Pittsylvania County are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The County’s excise tax exemption registration number is 54- 6001508. If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price. Q. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (bidders/offerors) to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The (bidder/offeror) is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the (bidder/offeror) clearly indicates in its (bid/proposal) that the product offered is an equivalent product, such (bid/proposal) will be considered to offer the brand name product referenced in the solicitation. R. TRANSPORTATION AND PACKAGING: By submitting their (bids/proposals), all (bidders/offerors) certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon 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 legibly marked or labeled on the outside with purchase order number, commodity description, and quantity. S. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. MINIMUM INSURANCE COVERAGES AND LIMITS: 1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract. 2. Employer’s Liability - $100,000. 3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement. 121 4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third party owner of such motor vehicle.) Profession/Service Limits Accounting $1,000,000 per occurrence, $3,000,000 aggregate Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection or Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.) Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/ Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate Legal $1,000,000 per occurrence, $5,000,000 aggregate Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate Surveying $1,000,000 per occurrence, $1,000,000 aggregate T. 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) for a minimum of 10 days. U. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000: 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, 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. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. V. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider. 122 W. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent that the Board of Supervisors has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement. X. 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. A. 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. 123 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 124 ATTACHMENT A COMPACTOR COLLECTION SITES 58 East 5355 South Boston Highway Sutherlin, VA 24594 Blairs 375 Blairs Circle Blair’s, VA 24527 Callahans Hill (58 West) 110 Target Drive Danville, VA 24541 Callands 20400 Franklin Turnpike Chatham, VA 24531 Chatham (57) 655 Moses Mill Road Chatham, VA 24531 Gretna 6300 Rockford School Road Gretna, VA 24557 Grit 3700 Wards Road Hurt, VA 24563 Motley 1130 Highway View Hurt, VA 24563 Mt. Airy 110 Renan Road Gretna, VA 24557 125 Mt. Cross 4080 Mount Cross Road Danville, VA 24540 Mt. Hermon 3575 Franklin Turnpike Danville, VA 24540 Mt. Tabor 3001 Mt. Tabor Road Keeling, VA 24566 Old Mayfield 980 Old Mayfield Road Danville, VA 24541 Ringgold (729) 3875 Kentuck Road Ringgold, VA 24586 Ringgold Depot (734) 155 Ringgold Road Ringgold, VA 24586 Smith Mountain 155 Smith Mountain Road Penhook, VA 24137 Tunstall (622) 95 Cascade Road Cascade, VA 24069 Sandy River Medical Center 4560 Medical Center Road Axton, VA 24054 Vo-Tech 11400 US Highway 29 Chatham, VA 24531 Whitmell 240 Bowl Drive 126 Dry Fork, VA 24549 WI Powell (839/41) 2006 WI Powell Drive Dry Fork, VA 24549 Level Run 7550 Level Run Road Long Island, VA 24569 Climax 8004 Climax Road Gretna, VA Meadow Ridge 211 Meadow Ridge Ct. Gretna, VA 127 Contract Number: 101023A This contract entered into this 1stt day of November, by First Piedmont Waste Solutions.; hereinafter called the “Contractor” and County of Pittsylvania called the “Purchasing Agency.” WITNESSETH that the Contractor and the Purchasing Agency, in consideration of the mutual covenants, promises and agreements herein contained, agree as follows: SCOPE OF SERVICES: The Contractor shall provide the services to the County of Pittsylvania as set forth in the RFP# 20230810 and proposal received. We have awarded two (2) vendors from the RFPS. Projects/Work orders will be assigned by the Public Works Director or Landfill Supervisor. PERIOD OF PERFORMANCE: PERIOD OF PERFORMANCE: From: 11/1/23 through 10/31/2024 with four (4) one- year renewals at the option of the County. The contract documents shall consist of: A. This signed form; B. The following portions of the Request for Proposals dated 8/10/23: (1) Scope of services, of the RFP (2) Pittsylvania County General Terms and Conditions (3) Pittsylvania County Special Terms and Condition C. The Provider’s Proposal dated 09/13/2023 IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby. CONTRACTOR: PURCHASING AGENCY: By: _________________________________________ By: _______________________________ Title: _________________________________________ Title: _______________________________ Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment. 128 Contract Number: 101023B This contract entered into this 1stt day of November, by Danville Container Service.; hereinafter called the “Contractor” and County of Pittsylvania called the “Purchasing Agency.” WITNESSETH that the Contractor and the Purchasing Agency, in consideration of the mutual covenants, promises and agreements herein contained, agree as follows: SCOPE OF SERVICES: The Contractor shall provide the services to the County of Pittsylvania as set forth in the RFP# 20230810 and proposal received. We have awarded two (2) vendors from the RFPS. Projects/Work orders will be assigned by the Public Works Director or Landfill Supervisor. PERIOD OF PERFORMANCE: PERIOD OF PERFORMANCE: From: 11/1/23 through 10/31/2024 with four (4) one- year renewals at the option of the County. The contract documents shall consist of: A. This signed form; B. The following portions of the Request for Proposals dated 8/10/23: (1) Scope of services, of the RFP (2) Pittsylvania County General Terms and Conditions (3) Pittsylvania County Special Terms and Condition C. The Provider’s Proposal dated 8/28/2023. IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby. CONTRACTOR: PURCHASING AGENCY: By: _________________________________________ By: _______________________________ Title: _________________________________________ Title: _______________________________ Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment. 129 8.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Information Only Agenda Title: General Presentations (Board of Supervisors); (if any) Staff Contact(s): Kaylyn McCluster Agenda Date: October 17, 2023 Item Number: 8.a. Attachment(s): None Reviewed By: The Board will present any Proclamations, Resolutions, and/or Certificates approved/adopted on the October Consent Agenda or at previous Meetings. 130 10.a.1. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Public Hearing: Case R-23-025; Michael and Jane Kendrick; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. The Planning Commission recommended by a 7-0 vote, with no opposition, that the Petitioners' request be granted. (Supervisor Ingram) Staff Contact(s): Emily Ragsdale Agenda Date: October 17, 2023 Item Number: 10.a.1. Attachment(s): 1. R-23-025 Jane Kendrick App 2. R-23-025 Jane Kendrick Maps Reviewed By: SUMMARY: In Case R-23-025, Michael and Jane Kendrick (“Petitioners”) have petitioned to rezone three (3) parcels totaling 27.92 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the property to be used for agricultural purposes). The subject properties are located off State Road 847/Sam Haley Road and State Road 848/Joe Carter Road, in the Tunstall Election District, and shown on the Tax Maps as GPIN #s 1450-72- 9769, 1450-82-1035, and 1450-62-4339. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On September 5, 2023, the Planning Commission recommended, by a 7-0 vote, with no opposition, that the Petitioners' request be granted. For the Board’s review, the County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of Case R-23-025 as presented. The subject property is adjacent to other properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County’s Comprehensive Plan. MOTION: 131 “In Case R-23-025, I make a Motion approving the rezoning of 27.92 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be used for agricultural purposes.” 132 133 134 135 136 137 138 139 140 141 142 10.b.1. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Public Hearing Agenda Title: Public Hearing: PCC § 6-6-3 Revision (Southside Soccer Club, Inc., Tax Exemption Application) Approval Staff Contact(s): Kaylyn McCluster Agenda Date: October 17, 2023 Item Number: 10.b.1. Attachment(s): 1. 10-17-2023 Public Hearing Notice - Southside Soccer Club Inc Tax Exemption Application - with attachments Reviewed By: SUMMARY: Southside Soccer Club, Inc. ("Southside Soccer"), filed an Application for potential tax exemptions on real estate consisting of Parcel # 2421-71- 1625. Said Application was submitted to the Commissioner of the Revenue’s Office, forwarded to the Board, and duly advertised for a Public Hearing to potentially grant said tax exemption and revise Pittsylvania County Code (“PCC”) § 6-6.3 accordingly. For the Board’s review and consideration, related documentation is attached. FINANCIAL IMPACT AND FUNDING SOURCE: If Southside Soccer's tax exemption application is approved, the County’s annual loss of tax revenue will be $1,242.48. RECOMMENDATION: After conducting the legally required Public Hearing, County Staff recommends approval of Southside Soccer's tax exemption application. MOTION: "I make a Motion approving the revision to PCC § 6-6.3 authorizing Southside Soccer's tax exemption as attached and presented." 143 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing on Tuesday, October 17, 2023, at 7:00 p.m., at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive citizen input on a proposed amendment to Chapter 6-6.3, Property Exempt by Classification or Designation, of the Pittsylvania County Code (“PCC”), to include tangible personal property for Southside Soccer Club, Inc. A complete copy of the proposed revisions is available at the Pittsylvania County Administrator’s Office, 1 Center Street, Chatham, Virginia 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., as well as on the County’s website at www.pittsylvaniacountyva.gov. 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211