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10-15-2024 Business Meeting Agenda Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, October 15, 2024 - 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. County's September 2024 Bill List Approval (Staff Contact: Kim VanDerHyde) b. c. d. e. f. g. Open Space Use Agreement Renewal Approval (Blanks; Parcel ID # 3404-85-3596); (Staff Contact: Robin Goard) Resolution # 2024-10-01 Adoption (McGann Family Subdivision Exemption 15-Year Restriction Removal Authorization); (Staff Contact: Emily Ragsdale) Resolution # 2024-10-02 Local Emergency Declaration Adoption (Tornado Recovery); (Staff Contact: Christopher Key)Resolution # 2024-10-03 Adoption (Honoring Tornado First Responders); (Staff Contact: Christopher Key) Resolution # 2024-10-04 Adoption (Supporting Naming the Route 40 (West Gretna Road) Bridge Over U.S. Highway 29 in Pittsylvania County, Virginia, Callands-Gretna District, the “Deputy Sheriff Eugene B. McBride Memorial Bridge”); (Staff Contact: Darrell Dalton) Resolution # 2024-10-05 Adoption (Authorizing County’s Insulin Overpricing Litigation Participation); (Staff Contact: Vaden Hunt) 1 h. i. j. k. l. m. n. o. p. q. r. s. t. 2024 VACo Annual Business Meeting Voting Credentials Approval (Staff Contact: Kaylyn McCluster) 8. PRESENTATIONS a. 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 Resolution # 2024-10-06 Adoption (Authorization of Purchase of Former PATHS Building for a Public Purpose); (Staff Contact: Dave Arnold) Tornado Debris Landfill Tipping Fee Waiver Ratification Approval (Staff Contact: Christopher Key) Cooperative Procurement Contract Execution Approval (County Public Safety Department Ambulance); (Staff Contact: Christopher Key) County/EMS Agencies Equipment MOUs Approvals (Drug Boxes); (2) ; (Staff Contact: Christopher Key) Additional Holiday Time Approval (12/26/24; 12/31/24) (Staff Contact: Holly Stanfield) Certificate of Recognition Approval (Mount Hermon Baptist Church 180 Year Anniversary); (Supervisor Bowman); (Staff Contact: Kenneth Bowman) Certificate of Recognition Approval (Crews Construction and Asphalt Paving, Inc.; 50 Years); (Staff Contact: William Ingram) Appointment: Fire and Rescue Commission (Staunton River District); (M. Jason Lovelace); (Staff Contact: Tim Dudley) Pittsylvania County Sports Hall of Fame Congratulatory Induction Letters Transmission Approval (Staff Contact: Kaylyn McCluster) Grant Funds Appropriations (3); (AFID Grant (Aerofarms); TARE Grant (WIB); TANF Workforce Grant (WIB); and DRF Grant (After- School Program Grant-Recreation); (Staff Contact: Kim VanDerHyde) Proclamation Adoption (Disability Rights and Resource Center 10- Year Celebration); (Staff Contact: Kenneth Bowman) R&L Smith Waterline Extension Project Engineering and Construction Management Services Agreement Approval (Staff Contact: Chris Adcock) General Presentations (Board of Supervisors); (Staff Contact: Kaylyn McCluster) 2 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. 2. 3. 4. 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 Case R-24-016 Realty First, LLC. Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Chairman Dalton); (Staff Contact: Emily Ragsdale) Case R-24-017: Richard Watkins; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Ingram); (Staff Contact: Emily Ragsdale) Case R-24-018: Ryan Haak; Rezoning from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (Supervisor Ingram); (Staff Contact: Emily Ragsdale) Case R-24-019: Brenda and Michael Rodgers; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Ingram); (Staff Contact: Emily Ragsdale) 3 11. 12. 13. 14. 15. 16. 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: Simpson Energy Center, LLC, Solar Battery Storage (Staff Contact: Emily Ragsdale) 2.Public Hearing: Potential Disposition of Publicly Owned Property Public Hearing (Old Climax Store); (Staff Contact: Vaden Hunt) UNFINISHED BUSINESS NEW BUSINESS MATTERS FROM WORK SESSION (IF ANY) BOARD MEMBER REPORTS COUNTY ADMINISTRATOR REPORTS ADJOURNMENT 4 7.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: County's September 2024 Bill List Approval Staff Contact(s): Kim VanDerHyde Agenda Date: October 15, 2024 Item Number: 7.a. 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 2024 Bill List is found at the below link: https://weblink.pittgov.net/WebLink/Browse.aspx?id=512142&dbid=0&repo=Pitt GovDocs FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the County’s September 2024 Bill List as presented. MOTION: “I make a Motion approving the County’s September 2024 Bill List as presented.” 5 7.b. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Open Space Use Agreement Renewal Approval (Blanks; Parcel ID # 3404-85-3596) Staff Contact(s): Robin Goard Agenda Date: October 15, 2024 Item Number: 7.b. Attachment(s): 1. Open Space Land Use Application Renewal 2025 (Blanks Jimmy & Amie) Reviewed By: SUMMARY: Jimmy F. Blanks and Amie A. Blanks, the owners of parcel 3504-85-3596, containing 121.00 acres, located in the Staunton River Magisterial District, seek the renewal of an Open Space Land Use Agreement for 2025. The renewal is due every five (5) years. In the current 2025 Land Use Application for said parcel, 36.30 acres of the 121.00 acres are enrolled with the Environmental Quality Incentives Program (“EQIP”). The EQIP Program is voluntary and is administered by USDA’s Natural Resources Conservation Program. For the Board’s review and consideration, the Blanks' Open Use Land Use Renewal Application and Agreement is attached. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. This parcel is currently in the County's Land Use Program. RECOMMENDATION: County Staff recommends the Board approve the renewal of the Open Space Land Use Agreement as attached and presented. MOTION: “I make a Motion approving the renewal of Open Space Land Use Agreement as attached and presented.” 6 7 8 9 10 11 12 13 14 15 16 17 7.c. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Resolution Agenda Title: Resolution # 2024-10-01 Adoption (McGann Family Subdivision Exemption 15-Year Restriction Removal Authorization) Staff Contact(s): Emily Ragsdale Agenda Date: October 15, 2024 Item Number: 7.c. Attachment(s): 1. 2024-10-01 Resolution to Reduce McGann Family Subdivision Exemption 15yr restriction 2. McGann Family Subdivision Exemption 15yr restriction removal request Reviewed By: SUMMARY: Virginia Code § 15.2-2244 allows for the subdivision of a lot for conveyance to a family member without having to fulfill the requirements of the local Subdivision Ordinance. For this exemption to be used, Virginia Code § 15.2-2244.1 requires that the property be owned for at least fifteen (15) years by the current owner or member of the immediate family, and the property owner agrees to place a restrictive covenant on the subdivided property that prohibits the transfer of the property to a nonmember of the immediate family for a period of fifteen (15) years. Virginia Code § 15.2-2244.1 also states that a locality may reduce or provide exemptions to the period of years prescribed in such clause when changed circumstances so require. This must be done in writing and recorded in accordance with Virginia Code § 17.1-227. In 2013, the family subdivision exemption was used to subdivide a parcel for Stewart and Katherine McGann (now Katherine Adkins) and a fifteen (15) year restriction was placed on the property. In 2023, the parties divorced, requiring that the property be sold to fulfill the requirements of the attached Separation Agreement and Divorce Decree. The property cannot be sold until the fifteen (15) year restriction is removed. According to Virginia Code § 15.2-2244.1, this can only be done by the governing body of the locality and must be in writing and recorded in accordance with Virginia Code § 17.1-227. 18 The Board unanimously approved the removal of the restriction in the present case due to the changed circumstances at its September 17, 2024, Business Meeting. For the Board’s review and consideration, Resolution # 2024-10-01, approving the removal of the McGann family subdivision exemption fifteen (15)- year restriction and related documentation, is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt attached Resolution # 2024-10-01. MOTION: “I make a Motion adopting attached Resolution # 2024-10-01." 19 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2024-10-01 ______________________________________________________________________________ APPROVING REMOVAL OF THE MCGANN FAMILY SUBDIVISION EXEMPTION 15-YEAR RESTRICTION (GPIN 2409-28-4344) VIRGINIA: At Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on October 15, 2024, the following Resolution was presented and adopted: WHEREAS, Virginia Code § 15.2-2244 allows for the subdivision of a lot for conveyance to a family member, without having to fulfill the requirements of a localities’ Subdivision Ordinance; and WHEREAS, Virginia Code § 15.2-2244 requires that the property be owned for at least fifteen (15) years by the current owner or member of the immediate family, and the property owner must agree to place a restrictive covenant on the subdivided property that prohibits the transfer of the property to a nonmember of the immediate family for a period of fifteen (15) years; and WHEREAS, Virginia Code § 15.2-2244.1 allows a locality to reduce or provide exemptions to the period of years prescribed in such case, “when changed circumstances so require;” said reduction must be done in writing and recorded per Virginia Code § 17.1-227; and WHEREAS, the family subdivision exemption was used to subdivide a parcel for Stewart and Katherine McGann (now Adkins), and the legally required fifteen (15) year restriction was placed on the property; and WHEREAS, in 2023, the parties divorced, requiring that the property be sold to fulfill the requirements of the Separation Agreement and Divorce Decree; thereby, creating a “changed circumstance;” and WHEREAS, according to Virginia Code § 15.2-2244.1, the fifteen (15) year restriction can only be removed by a locality, and said action must be in writing and recorded in the accordance with Virginia Code § 17.1-227; and WHEREAS, the Board unanimously approved the removal of the restriction in the present case due to the changed circumstance at its September 17, 2024, Board meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board approves the removal of the fifteen (15) year restriction of the Family Subdivision Exemption for the Stewart McGann and Katherine McGann (now Katherine Adkins) on the property being GPIN 2409-28- 4344. 20 Given under my hand this 15th day of October, 2024. ________________________________________ Darrell W. Dalton Chairman Pittsylvania County Board of Supervisors Approved as to Form: ________________________ J. Vaden Hunt, Esq. Pittsylvania County Attorney Vote Darrell W. Dalton (Chairman) ___ Robert M. Tucker, Jr. (Vice-Chairman) ___ Kenneth L. Bowman ___ Timothy W. Dudley ___ Eddie L. Hite, Jr. ___ William V. (“Vic”) Ingram ___ Murray W. Whittle ___ Ayes __ Nays __ Abstentions __ 21 22 23 24 25 26 27 28 7.d. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Resolution Agenda Title: Resolution # 2024-10-02 Local Emergency Declaration Adoption (Tornado Recovery) Staff Contact(s): Christopher Key Agenda Date: October 15, 2024 Item Number: 7.d. Attachment(s): 1. 2024-10-02 Local Emergency Declaration - Tornado Recovery Reviewed By: SUMMARY: In the early afternoon hours of September 27, 2024, due to the Hurricane Helene weather event, an F2 tornado touched down in the Dry Fork and Callands Communities of Pittsylvania County, Virginia (“County”), stretching over six (6) miles from/between W.I. Powell Rd, Dry Fork Road, Irish Road, Bearskin Road, and North Flint Hill Road. Due to the Hurricane Helene weather event, the County faced dangerous conditions and extreme peril to life, property damage, and storm cleanup. Therefore, County Staff believes it is necessary to proclaim the existence of a Local Emergency. For the Board's review in consideration, Resolution # 2024-10-02 evincing the same is attached. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2024-10-02 as attached. MOTION: "I make a Motion adopting Resolution # 2024-10-02 as attached." 29 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2024-10-02 ______________________________________________________________________________ LOCAL EMERGENCY DECLARATION (TORNADO RECOVERY) VIRGINIA: At Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on October 15, 2024, the following Resolution was presented and adopted: WHEREAS, in the early afternoon hours of September 27, 2024, due to the Hurricane Helene weather event, an F2 tornado touched down in the Dry Fork and Callands Communities of Pittsylvania County, Virginia (“County”), stretching over six (6) miles from/between W.I. Powell Rd, Dry Fork Road, Irish Road, Bearskin Road, and North Flint Hill Road; and WHEREAS, due to the above, Christopher T. Key, County Director of Emergency Management/Public Safety, does/did hereby find: 1. Due to the Hurricane Helene weather event, the County faced dangerous conditions; and 2. Due to the above severe weather event conditions of extreme peril to life and property, property damage, and storm cleanup, it is necessary to proclaim the existence of a Local Emergency. NOW, THEREFORE, IT IS HEREBY PROCLAIMED/RESOLVED that the Board formally proclaims a Local Emergency does now/or did exists throughout the County; and BE IT FURTHER PROCLAIMED/RESOLVED that during the existence of said Local Emergency, which shall be for six (6) months from September 27, 2024, the powers, functions, and duties of the County Emergency Management Organization shall be/were those prescribed by State Law and the Ordinances, Resolutions, and approved plans of the County to mitigate the effects of said Emergency; and Given under my hand this 15th day of October, 2024. ________________________________________ Darrell W. Dalton Chairman, Pittsylvania County Board of Supervisors _______________________________________ Kaylyn M. McCluster Clerk, Pittsylvania County Board of Supervisors 30 7.e. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Resolution Agenda Title: Resolution # 2024-10-03 Adoption (Honoring Tornado First Responders) Staff Contact(s): Christopher Key Agenda Date: October 15, 2024 Item Number: 7.e. Attachment(s): 1. 2024-10-03 Honoring County Tornado First Responders Reviewed By: SUMMARY: In the early afternoon hours of September 27, 2024, due to the Hurricane Helene weather event that occurred in Pittsylvania County, Virginia (“County”), a F2 tornado touched down in the Dry Fork and Callands Communities, stretching over six (6) miles from W.I. Powell Road, Dry Fork Road, Irish Road, Bearskin Road, and North Flint Hill Road. The Dry Fork Fire Department and the Blairs Fire and Rescue Department, in collaboration with neighboring Fire Departments, promptly and efficiently responded to the natural disaster, demonstrating professionalism, courage, and exemplary teamwork in rescuing the residents, and bringing calm to chaos. As evinced by Resolution # 2024-10-03, attached, the Board desires to recognize the efforts and sacrifices of the first responders who risked their own safety to respond to this tornado. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2024-10-03 as attached. MOTION: "I make a Motion adopting Resolution # 2024-10-03 as attached." 31 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2024-10-03 _________________________________________________________________________________________________ HONORING COUNTY TORNADO FIRST RESPONDERS VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) October 15, 2024, Business Meeting, the following Resolution was presented and adopted: WHEREAS emergencies can occur at any time that require police, fire, or emergency medical services, and when an emergency occurs, the prompt response of our First Responders is critical to the protection of life and preservation of property; and WHEREAS, in the early afternoon hours of September 27, 2024, that due to the Hurricane Helene weather event that occurred in Pittsylvania County, Virginia (“County”); and WHEREAS, a F2 tornado touched down in the Dry Fork and Callands Communities, stretching over 6 miles from WI Powell Rd, Dry Fork Rd, Irish Rd, Bearskin Rd, and N Flint Hill Rd; and WHEREAS, the safety of the public and first responders is of the utmost importance; and tornados pose a significant threat to life and property, requiring swift and effective response; and WHEREAS, when first responders arrived on scene, they quickly evaluated the conditions on scene and made an effective rescue of a citizen whose house had been destroyed, provided medical assistance and transported to the hospital; and WHEREAS, the Dry Fork Fire Department and the Blairs Fire and Rescue Department, in collaboration with neighboring fire departments, promptly and efficiently responded to the natural disaster, demonstrating professionalism, courage, and exemplary teamwork in rescuing the residents, and bringing calm to the chaos; and WHEREAS, the swift action and bravery displayed by County volunteer firefighters in clearing debris and searching every house, to prevent further damage and ensured the safety of the residents and surrounding community; and WHEREAS, volunteers and first responders throughout the County gave their time to help ensure that evacuees were rescued, sheltered, clothed, fed, and emotionally comforted through this traumatic event; and WHEREAS, people throughout the County responded with an outpouring of support for the victims of this incident; and WHEREAS, the County recognizes the efforts and sacrifices of the first responders who risked their own safety to respond to this tornado; and NOW, THEREFORE, BE IT RESOLVED, that the Board hereby recognizes and honors the bravery and heroism of the Dry Fork Fire Department, Blairs Fire and Rescue Department and all participating Fire Departments, E-911 Operators, Public Safety Staff, Local Law Enforcement Staff, Volunteers, and anyone else involved with assisting this Natural Disaster, and encourages the citizens of the County to join in expressing our heartfelt thanks to these brave men and women for their exemplary service and sacrifice. Given under my hand this 15th day of October, 2024. ______________________________________ Kenneth L. Bowman, Chatham-Blairs District Pittsylvania County Board of Supervisors ______________________________________ Darrell W. Dalton, Chairman Pittsylvania County Board of Supervisors 32 _______________________________________ Kaylyn M. McCluster, Clerk Pittsylvania County Board of Supervisors 33 7.f. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Resolution Agenda Title: Resolution # 2024-10-04 Adoption (Supporting Naming the Route 40 (West Gretna Road) Bridge Over U.S. Highway 29 in Pittsylvania County, Virginia, Callands- Gretna District, the “Deputy Sheriff Eugene B. McBride Memorial Bridge”) Staff Contact(s): Darrell Dalton Agenda Date: October 15, 2024 Item Number: 7.f. Attachment(s): 1. 2024-10-04 - Supporting Naming the Business U.S. 29 North Bridge in Pittsylvania County Virginia Callands-Gretna District the Deputy Sheriff Eugene B. Reviewed By: SUMMARY: The Board is committed to recognizing and celebrating the County’s historical heritage and contributions made thereto by its citizens. Virginia Code § 33.2- 213 authorizes the Commonwealth Transportation Board to give suitable names to state highways, bridges, interchanges, and other transportation facilities. Chairman Dalton desires to name the Route 40 (West Gretna Road) Bridge over U.S. Highway 29 in Pittsylvania County, Virginia, Callands-Gretna District, the “Deputy Sheriff Eugene B. McBride Memorial Bridge.” For the Board’s review and consideration, attached is Resolution # 2024-10-04, supporting the same. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends adoption of Resolution # 2024-10-04 as attached. MOTION: 34 "I make a motion adopting Resolution # 2024-10-04 as attached." 35 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2024-10-04 ______________________________________________________________________________ SUPPORTING NAMING THE ROUTE 40 (WEST GRETNA) BRIDGE OVER U.S. HIGHWAY 29 THE “DEPUTY SHERIFF EUGENE B. MCBRIDE MEMORIAL BRIDGE” ______________________________________________________________________________ VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on October 15, 2024, the following Resolution was presented and adopted: WHEREAS, the Board is committed to recognizing and celebrating Pittsylvania County, Virginia’s (“County”) historical heritage and contributions made thereto by its citizens; and WHEREAS, Deputy Sheriff Eugene B. McBride (“McBride”) was a County Deputy who suffered a heart attack, while serving County citizens; and WHEREAS, on November 2, 1969, McBride responded to a disorderly conduct call; and WHEREAS, during said call, he had arrested one (1) subject when he started suffering chest pains; and WHEREAS, a second Deputy who responded to the scene arrived to find McBride leaning over his patrol car’s hood, clutching his chest; and WHEREAS, the backup Deputy took control of the prisoner and McBride drove himself to the local hospital, where he died a short time later; and WHEREAS, McBride had been with the County Sheriff’s Office for nine (9) years and was survived by his wife, four (4) sons, two (2) daughters, and his mother; and WHEREAS, law enforcement officers save countless lives by protecting County and Virginia citizens through rigorous law enforcement and the patrolling of State and County roadways; and every day, they brave ever-present danger to assist a stranded motorist, to investigate gun, drug, and human trafficking, to stop public corruption, to bring closure to devastated families, and to stop dangerous driving and dangerous individuals; and WHEREAS, McBride is an example of the dedication of the County Sheriff’s Office and it is fitting that the Board remember his ultimate sacrifice; and WHEREAS, Virginia Code § 33.2-213 authorizes the Commonwealth Transportation Board (“CTB”) to give suitable names to state highways, bridges, interchanges, and other transportation facilities, and change the names of any highways and bridges, interchanges, or other transportation facilities forming a part of the systems of state highways; and WHEREAS, the same Virginia Code Section further provides that the Virginia Department of Transportation (VDOT”) shall place and maintain appropriate signs indicating the names of highways, bridges, interchanges, and other transportation facilities named by the CTB 36 and requires that the costs of producing, placing, and maintaining such signs shall be paid by the localities in which they are located. NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board supports the naming of the Route 40 (West Gretna Road) bridge over U.S. Highway 29 in County’s Callands- Gretna District, the location of said bridge depicted in more detail on the map attached hereto and made a part fully hereof, as the “Deputy Sheriff Eugene B. McBride Memorial Bridge;” and BE IT FURTHER RESOLVED that the County agrees to pay the costs of producing, placing, and maintaining the signs calling attention to this naming; and BE IT FINALLY RESOLVED that a copy of this Resolution be forwarded to the McBride family, appropriate local VDOT officials, and the CTB for consideration. Given under my hand this 15th day of October, 2024. __________________________________________ Darrell W. Dalton (Chairman) Pittsylvania County Board of Supervisors __________________________________________ Kaylyn M. McCluster (Clerk) Pittsylvania County Board of Supervisors 37 38 7.g. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Resolution Agenda Title: Resolution # 2024-10-05 Adoption (Authorizing County’s Insulin Overpricing Litigation Participation) Staff Contact(s): Vaden Hunt Agenda Date: October 15, 2024 Item Number: 7.g. Attachment(s): 1. 2024-10-05 Resolution Insulin Litigation join lawsuit Reviewed By: SUMMARY: Over the past twenty (20) years, insulin prices in the United States have increased dramatically and artificially beyond their reasonable market value. As a payor for and purchaser of insulin medication through its employee health plan, the County has been potentially been substantially overcharged, and similarly situated local governments, through counsel, have prepared causes of action against parties involved in the overpricing of insulin medication. For the Board’s review and consideration, attached is Resolution # 2024-10-05, authorizing the County Attorney, in conjunction with outside counsel and associated counsel, to file and/or join with other local governments in cause(s) of action against parties involved in the overpricing of insulin medication; and to engage such counsel on a contingency fee basis. FINANCIAL IMPACT AND FUNDING SOURCE: Unknown currently. Case would be brought on behalf of the County on a contingency basis for attorneys’ fees. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2024-10-05 as attached. MOTION: “I make a Motion adopting Resolution # 2024-10-05 as attached." 39 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2024-10-05 ______________________________________________________________________________ A RESOLUTION AUTHORIZING THE COUNTY’S PARTICIPATION IN INSULIN OVERPRICING LAWSUIT(S) VIRGINIA: At Pittsylvania County Board of Supervisors’ (“Board”) October 15, 2024, Business Meeting, the following Resolution was presented and adopted: WHEREAS, over the past twenty (20) years, insulin prices in the United States have increased dramatically and artificially beyond their reasonable market value; and WHEREAS, as a payor for and purchaser of insulin medication through its employee health plan, the Pittsylvania County, Virginia (“County”), has potentially been substantially overcharged; and WHEREAS, other similarly situated local governments, through counsel, have prepared causes of action against parties involved in the overpricing of insulin medication. NOW, THEREFORE, BE IT HEREBY RESOLVED, that this Board authorizes the County Attorney, in conjunction with outside counsel and associated counsel, to do the following: (a) to file and/or join with other local governments in cause(s) of action against parties involved in the overpricing of insulin medication; and (b) to engage such counsel on a contingency fee basis. Given under my hand this 15th day of October, 2024. ________________________________________ Darrell W. Dalton Chairman Pittsylvania County Board of Supervisors Approved as to Form: ________________________ J. Vaden Hunt, Esq. Pittsylvania County Attorney 40 Vote Darrell W. Dalton (Chairman) ___ Robert M. Tucker, Jr. (Vice-Chairman) ___ Kenneth L. Bowman ___ Timothy W. Dudley ___ Eddie L. Hite, Jr. ___ William V. (“Vic”) Ingram ___ Murray W. Whittle ___ Ayes __ Nays __ Abstentions __ 41 7.h. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Resolution Agenda Title: Resolution # 2024-10-06 Adoption (Authorization of Purchase of Former PATHS Building for a Public Purpose) Staff Contact(s): Dave Arnold Agenda Date: October 15, 2024 Item Number: 7.h. Attachment(s): 1. Resolution # 2024-10-06 Adoption - Authorization of Purchase of Former PATHS Building for a Public Purpose Reviewed By: SUMMARY: The Board is purchasing a parcel of property for public use in the Town of Chatham, Virginia, consisting of Lots 1, 2, 3, 6-A on Main Street and 7-B, and located at 6 South Main Street (County Parcel ID: 2416-91-8424), Chatham, Virginia (the former Paths Building). For closing and title insurance purposes, the Board must authorize the designation of the Interim County Administrator to accept the property by his signature on the Deed or other written instrument. For the Board's review and consideration, Resolution # 2024-10-06 evincing the same is attached. FINANCIAL IMPACT AND FUNDING SOURCE: The purchase price is $350,000. The funds for this purchase were appropriated with the 2025 Budget Amendments approved by the Board at its September 2024 Board Meeting. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2024-10-06 and designate the Interim County Administrator to accept the property on purchase documents by his signature. MOTION: 42 “I make a Motion adopting Resolution # 2024-10-06 and designating the Interim County Administrator to accept the property on purchase documents by his signature.” 43 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2024-10-06 ______________________________________________________________________________ AUTHORIZATON OF PURCHASE OF FORMER PATHS BUILDING FOR A PUBLIC PURPOSE VIRGINIA: At Pittsylvania County Board of Supervisors’ (“Board”) October 15, 2024, Business Meeting, the following Resolution was presented and adopted: WHEREAS, under the Virginia Code, the Board is charged with protecting the health, safety, and general welfare of its citizens and visitors; and WHEREAS, in furtherance of said goals, the Board is authorized under the Virginia Code and the Pittsylvania County Code to purchase property for a public purpose. NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board, by adoption of this Resolution, formally authorizes the purchase of the real property described in Schedule “A,” attached and made a party hereof, for public use and not for development of business and industry; and BET IT FURTHER RESOLVED that the Board hereby formally and officially designates the Interim County Administrator to accept the property described in Schedule “A” by signature on the face of the Deed or on a separate written instrument. Given under my hand this 15th day of October, 2024. ________________________________________ Darrell W. Dalton Chairman Pittsylvania County Board of Supervisors Approved as to Form: ________________________ J. Vaden Hunt, Esq. Pittsylvania County Attorney 44 Vote Darrell W. Dalton (Chairman) ___ Robert M. Tucker, Jr. (Vice-Chairman) ___ Kenneth L. Bowman ___ Timothy W. Dudley ___ Eddie L. Hite, Jr. ___ William V. (“Vic”) Ingram ___ Murray W. Whittle ___ Ayes __ Nays __ Abstentions __ 45 SCHEDULE A The property is that certain lot, parcel or tract of land, together with improvements thereon and appurtenances thereunto belonging, briefly described as located consisting of Lots 1, 2, 3, 6-A on Main Street and 7-B, and located in the Town of Chatham at 6 South Main Street (Pittsylvania County Parcel ID: 2416-91-8424), Chatham, Virginia. 46 7.i. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Tornado Debris Landfill Tipping Fee Waiver Ratification Approval Staff Contact(s): Christopher Key Agenda Date: October 15, 2024 Item Number: 7.i. Attachment(s): 1. Landfill tipping fee waiver Reviewed By: SUMMARY: On September 27, 2024, Hurricane Helene moved through the County and a tornado touched down in the Dry Fork area of the County causing major damage, including structures being destroyed/damaged and trees/limbs being blown over. Due to the damage in the County from the recent storm, and corresponding necessary related clean up, the Interim County Administrator, following the polling of the Board, agreed to waive County Landfill Tipping fees for storm related debris, subject to the attached criteria and restrictions. County Staff now seeks the Board to formally ratify the County Tornado Debris Landfill Tipping Fee Waiver action. FINANCIAL IMPACT AND FUNDING SOURCE: Unknown currently. RECOMMENDATION: County Staff recommends the Board ratify the previous approval of the waiver of County Landfill Tipping Fees for the storm related clean-up in the County for a period of thirty (30) days from the date of the storm, September 27, 2024, subject to the attached restrictions. MOTION: “I make a Motion ratifying the previous approval of the waiver of County Landfill Tipping Fees for the storm related clean up in the County for a period of thirty 47 (30) days from the date of the tornado, September 27, 2024, subject to the attached restrictions.” 48 Landfill Tipping Fee Waived for Two Weeks Post Date:10/03/2024 12:01 PM To assist our residents with clean-up efforts following Tropical Storm Helene, the Pittsylvania County Board of Supervisors has waived the landfill tipping fee for two weeks, from October 3 through October 18, 2024. This waiver applies only to residential waste and debris and requires proof of County residency. The following criteria will apply: • The waiver is only applicable for residentially generated waste that is collected from a County property. • Liquids, oils, or hazardous materials will not be accepted. • Waste that is generated through business, commercial, or agricultural sources will not be accepted. Valid identification showing proof of County residence is required for disposal and must be presented at the County’s landfill office upon delivery, or to other County staff upon request. •All waste presented for disposal is subject to inspection and will be denied if it does not meet these requirements. •No quantity limits are placed on residential customers delivering their own waste by personal passenger vehicle smaller than a one-ton pickup truck and/or a flat, 4’x8’ single axle trailer with sides no greater than 36 inches high. Accepted identification is as follows: • Unexpired Virginia driver’s license, military ID, or photo ID card with Pittsylvania County address; • Deed, mortgage, or monthly mortgage/rental statement with matching photo ID verifying residence in Pittsylvania County; • U.S. Postal Service change of address confirmation form with matching photo ID; or • Current payroll stub by employer with matching photo ID showing a valid County address of the employee. The Pittsylvania County landfill is open Monday through Friday from 7:30 a.m. to 3:30 p.m. and is located at 382 Rainbow Lane in Dry Fork. 49 50 7.j. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Cooperative Procurement Contract Execution Approval (County Public Safety Department Ambulance) Staff Contact(s): Christopher Key Agenda Date: October 15, 2024 Item Number: 7.j. Attachment(s): 1. Vest Estimate for ambulance 2. BuyBoard Osage Industries Contract - 650-21 (1) Reviewed By: SUMMARY: The County's Public Safety Department seeks approval for the purchase of a “2024 Ford Osage 2148 Warrior” Type 1 Ambulance from Vest’s Sales and Service, Inc. ("Vest's"). The County constantly seeking ways to improve its emergency medical services and response capabilities. To achieve this goal, County Public Safety is considering the purchase of a demo ambulance as it allows the County to receive the ambulance and place it in service within a couple months. The ambulance is a demo unit coming off the production line in November 2024. This ambulance was ordered by Vest’s in July 2022 under 2022 pricing. The Osage Ambulances have since had numerous price increases (specifically six (6) model year price increases since ordering). As of January 2024, all new pricing falls under 2028 pricing/delivery options. A similarly optioned truck, if ordered today, would cost around $500,000 with a cot and power load, lettering, etc. Purchasing a demo ambulance is fiscally responsible and operationally beneficial decision for the County's Public Safety Department. It allows the County to upgrade its fleet, enhance patient care, and reduce maintenance costs on the older ambulances in the County's fleet. FINANCIAL IMPACT AND FUNDING SOURCE: Funds have already been allocated for purchase from CIP funding. RECOMMENDATION: 51 County staff recommend the Board approve the purchase of an Osage Warrior Demo Ambulance for the County's Public Safety Department for a cost of $357,955.44. MOTION: “I make a Motion approving the purchase of an Osage Warrior Demo Ambulance as presented.” 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73   v.02.01.2021   July, 29 2021 Sent Via Email: kshimmens@osageind.com Kyle Shimmens Osage Industries, Inc. 194 County Road 302 Linn, MO 65051 Welcome to BuyBoard! Re: Notice of The Local Government Purchasing Cooperative Contract Award; Proposal Invitation No. 650- 21, Ambulances Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal Invitation. The contract is effective for an initial one-year term of October 1, 2021 through September 30, 2022 and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. [650-21] at: www.buyboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s). You are reminded that, in accordance with the General Terms and Conditions, all purchase orders must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative’s administrator, you are not authorized to process a purchase order received directly from a Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a Cooperative member that you have reason to believe has not been received by the Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by email to info@buyboard.com. A list of Cooperative members is available on the buyboard.com website. The BuyBoard vendor relations staff will be contacting you to assist with the resources available and to provide any support you may need as an awarded BuyBoard vendor. On behalf of the Cooperative, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919 (select option “2”). Sincerely, Arturo Salinas Asst. Division Director, Cooperative Purchasing Texas Association of School Boards, Inc., Administrator for The Local Government Purchasing Cooperative 74 v.02.01.2021 July, 29 2021 Sent Via Email: kshimmens@osageind.com Kyle Shimmens Osage Industries, Inc. 194 County Road 302 Linn, MO 65051 Welcome to BuyBoard! Re: Notice of National Purchasing Cooperative Award; Proposal Invitation No. 650-21, Ambulances Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal Invitation. The contract is effective for an initial one-year term of October 1, 2021 through September 30, 2022, and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the National Purchasing Cooperative Vendor Award Agreement and General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 650-21 at www.buyboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s). You are reminded that, in accordance with the General Terms and Conditions, all purchase orders from National Cooperative members must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative’s administrator, you are not authorized to process a purchase order received directly from a National Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a National Cooperative member that you have reason to believe has not been received by the National Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by e-mail to info@buyboard.com A list of National Cooperative members is available on the buyboard.com website. The BuyBoard vendor relations staff will be contacting you to assist with resources available and provide any support you may need as an awarded BuyBoard vendor. On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919 (select option “2”). Sincerely, Arturo Salinas, Asst. Division Director, Cooperative Purchasing Texas Association of School Boards, Inc., Procurement Administrator for the National Purchasing Cooperative 75 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 PROPOSER’S ACCEPTANCE AND AGREEMENT Proposal Invitation Name: Ambulances Proposal Due Date/Opening Date and Time: April 29, 2021 at 4:00 PM Proposal Invitation Number: 650-21 Location of Proposal Opening: Texas Association of School Boards, Inc. BuyBoard Department 12007 Research Blvd. Austin, TX 78759 Anticipated Cooperative Board Meeting Date: Contract Term:October 1, 2021 through September 30, 2022 with two possible one-year renewals. July 2021 BBy signature below, the undersigned acknow ledges and agrees that you are authorized to submit this Proposal, including making all acknowledgements, consents, and certifications herein, on behalf of Proposer and, to the best of your knowledge, the information provided is true, accurate, and complete. Name of Proposing Company Date _________________________________ Street Address Signature of Authorized Company Official City, State, Zip Printed Name of Authorized Company Official Telephone Number of Authorized Company Official Position or Title of Authorized Company Official _________________________________________ Fax Number of Authorized Company Official Federal ID Number Page 11 of 74 Osage Industries, Inc 04/20/2021 194 County Road 302 Kyle Shimmens Digitally signed by Kyle Shimmens Date: 2021.04.20 07:53:46 -05'00' Linn, MO 65051 Kyle Shimmens 573-897-3634 President 573-897-3113 43-1478289 76 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 PROPOSAL FORMS PART 1: COMPLIANCE FORMS INSTRUCTIONS: Proposer must review and complete all forms in this Proposal Forms Part 1: ƒProposal Acknowledgements ƒFelony Conviction Disclosure ƒResident/Nonresident Certification ƒDebarment Certification ƒVendor Employment Certification ƒNo Israel Boycott Certification ƒNo Excluded Nation or Foreign Terrorist Organization Certification ƒHistorically Underutilized Business Certification ƒAcknowledgement of BuyBoard Technical Requirements ƒConstruction-Related Goods and Services Affirmation ƒDeviation and Compliance ƒVendor Consent for Name Brand Use ƒConfidential/Proprietary Information ƒEDGAR Vendor Certification ƒCompliance Forms Signature Page An authorized representative of Proposer must initial in the bottom right corner of each page where indicated and complete and sign the Compliance Forms Signature Page. Proposer’s failure to fully complete, initial, and sign forms as required may result in your Proposal being rejected as non-responsive. PROPOSAL ACKNOWLEDGEMENTS The proposing company (“you” or “your”) hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Information, General Terms and Conditions, attachments/forms, appendices, item specifications, and line items (collectively “Requirements”); 2. By your response (“Proposal”) to this Proposal Invitation, you propose to supply the products or services submitted at the pricing quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Proposal; 3. By your Proposal, you acknowledge and certify all items set forth in the General Terms and Conditions, Section B.12 (Certifications), including all non-collusion certifications and certifications regarding legal, ethical, and other matters set forth therein. 4. Any and all deviations and exceptions to the Requirements have been noted in your Proposal on the required form and no others will be claimed; Initial: _____ Page 12 of 74 KS 77 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 5. If the Cooperative accepts any part of your Proposal and awards you a Contract, you will furnish all awarded products or services at the pricing quoted and in strict compliance with the Requirements (unless specific deviations or exceptions are noted on the required form and accepted by the Cooperative), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similarly situated customers in similar circumstances; b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation; c. the possible award of a piggy-back contract by the National Purchasing Cooperative or nonprofit entity, in which event you will offer the awarded products and services in accordance with the Requirements; and d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your Contract; 6. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under the Texas Public Information Act or similar public information law; 7. The individual submitting this Proposal is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form or Proposal document) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 8. You have carefully reviewed your Proposal, and certify that all information provided is true, complete, and accurate to the best of your knowledge, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 9. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, will be grounds for disqualifying you from consideration for a contract award under this Proposal Invitation, termination of a contract award, or any other remedy or action provided for in the General Terms and Conditions or by law. FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor) states: “A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.” Section 44.034 further states in Subsection (b): “A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.” Please check ¥ one of the following: My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.) My company is not owned or operated by anyone who has been convicted of a felony. My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): _____________________________________________________________________________________ Details of Conviction(s):________________________________________________________________________________ ____________________________________________________________________________________________________ Initial: _____ Page 13 of 74 KS 78 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 RESIDENT/NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a “resident” proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A “nonresident” proposer is a person who is not a Texas resident. Please indicate the status of your company as a “resident” proposer or a “nonresident” proposer under these definitions. Please check ¥ one of the following: I certify that my company is a Resident Proposer. I certify that my company is a Nonresident Proposer. If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company’s principal place of business is located): ______________________________________________ _______________________________________________ Company Name Address ______________________________________________ _____________ ___________________________ City State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? Yes No B. What is the prescribed amount or percentage? $_______________ or ______________% DEBARMENT CERTIFICATION By signature on the Compliance Forms Signature Page, I certify that neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension,” as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. VENDOR EMPLOYMENT CERTIFICATION Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor’s ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check ¥ one of the following: Yes No Initial: ______ Page 14 of 74 Osage Industries, Inc 194 County Road 302 Linn MO 65051 X X KS 79 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 NO ISRAEL BOYCOTT CERTIFICATION A Texas governmental entity may not enter into a contract with a value of $100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (TEX. GOV’T CODE Ch. 2270). Accordingly, this certification form is included to the extent required by law. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. TEX. GOV’T CODE §808.001(1). By signature on the Compliance Forms Signature Page, to the extent applicable, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am authorized by my company to make this certification. NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature on the Compliance Forms Signature Page, I certify and verify that Vendor is not on the Texas Comptroller’s list identified above; that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A Proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or “MWBE” and all referred to in this form as a “HUB”) is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The BuyBoard website will indicate HUB certifications for awarded Vendors that properly indicate and document their HUB certification on this form. 3OHDVHFKHFN ¥ DOOWKDWDSSO\: I certify that my company has been certified as a HUB in the following categories: Minority Owned Business Women Owned Business Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service-connected disability as defined by 38 U.S.C. §101(16), and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: ____________________________________________________ Name of Certifying Agency: _______________________________________________ My company has NOT been certified as a HUB. Initial: _____ Page 15 of 74 X KS 80 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 ACKNOWLEDGEMENT OF BUYBOARD TECHNICAL REQUIREMENTS Vendor shall review the BuyBoard Technical Requirements included in this Proposal Invitation. By signature on the Compliance Forms Signature Page, the undersigned affirms that Proposer has obtained a copy of the BuyBoard Technical Requirements, has read and understands the requirements, and certifies that Vendor is able to meet and will comply with those requirements except as follows: [List and explain BuyBoard Technical Requirements, if any, to which your company ccannot or will nnot comply.] Note: In accordance with the General Terms and Conditions of the Contract, to the extent Vendor is awarded a Contract under this Proposal Invitation but is unable or unwilling to meet the applicable BuyBoard Technical Requirements, the information available on the BuyBoard for Vendor’s awarded products or services may be limited, potentially placing Vendor at a disadvantage and impacting the ability of Cooperative members to search, find, review, and purchase Vendor’s awarded products and services on the BuyBoard website. Further, to the extent Vendor has acknowledged ability to meet and comply with the BuyBoard Technical Requirements, any subsequent failure or refusal by Vendor to promptly provide information upon request to the Cooperative administrator in accordance with those technical requirements may be deemed an event of default under the Contract. CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION The Cooperative issued the BuyBoard Procurement and Construction-Related Goods and Services Advisory for Texas Members (“Advisory”), which provides information specifically relevant to the procurement of construction-related goods and services by Texas Cooperative members. The Advisory, available at buyboard.com/Vendor/Resources.aspx, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member’s procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. Because many BuyBoard contracts include goods or installation services that might be considered construction-related, Proposer must make this Construction Related-Goods and Services Affirmation regardless of type of goods or services associated with this Proposal Invitation. A contract awarded under this Proposal Invitation covers only the specific goods and/or services awarded by the Cooperative. As explained in the Advisory (“Advisory”), Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This Proposal Invitation and any Contract awarded thereunder does not include such services. Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local policy. By signature on the Compliance Forms Signature Page, Proposer affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction- related goods or services to a Cooperative member under a Contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before accepting the member’s Purchase Order or other agreement for construction-related goods or services. Initial: ______ Page 16 of 74 KS 81 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 D EVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. Prior to completing this form, Vendor shall review the General Terms and Conditions section B.4 (Deviations from Item Specifications and General Terms and Conditions). Please note that, as provided in section B.4, certain provisions of the General Terms and Conditions are NOT subject to deviation, and certain deviations will be deemed rejected without further action by the Cooperative. Any attempted deviation, whether directly or indirectly, to provisions identified in this Proposal Invitation as not subject to deviation shall be deemed rejected by the Cooperative and, unless otherwise withdrawn by Vendor, may result in Vendor’s Proposal being rejected in its entirety. The Cooperative will consider any deviations in its contract award decision and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a Contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative, by and through the Cooperative administrator, may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a Proposal based upon any submitted deviation. 3OHDVHFKHFN ¥ RQHRIWKHIROORZLQJ No; Deviations Yes; Deviations List and fully explain any deviations you are submitting: ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Initial: _____ Page 17 of 74 KS 82 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 VENDOR CONSENT FOR NAME BRAND USE BuyBoard members seeking to make purchases using a Contract awarded under this Proposal Invitation may view information regarding awarded Vendors, including but not limited to product catalogs, pricelists, pricing, and Proposals, through the BuyBoard website. To improve and enhance the experience of BuyBoard members seeking to procure goods and services under the Contract utilizing the BuyBoard website, any Vendor logo, product images, and similar brand and trademark information provided by Vendor for purposes of the Contract (“Vendor Information”) may be posted on the BuyBoard website. You acknowledge that, by submitting your Proposal, unless you specifically opt out below, you consent to use of your company’s Vendor Information on the BuyBoard website if awarded a Contract. You further acknowledge that whether, where, and when to include the Vendor Information on the BuyBoard website shall be at the sole discretion of the BuyBoard Administrator. Vendor retains, however, the right of general quality control over the BuyBoard Administrator’s authorized display of proprietary Vendor Information. Neither the BuyBoard nor its administrator will be responsible for the use or distribution of Vendor Information by BuyBoard members or any other third party using the BuyBoard website. This Vendor Consent shall be effective for the full term of the Contract, including renewals, unless Vendor provides a signed, written notice revoking consent to contractadmin@buyboard.com. BuyBoard shall have up to thirty days from the date of receipt of a termination or revocation of a Vendor Consent to remove Vendor information from the BuyBoard website. This Vendor Consent is subject to the Terms and Conditions of the Contract, including, but not limited to, those terms pertaining to Disclaimer of Warranty and Limitation of Liability, Indemnification, and Intellectual Property Infringement. Vendor logo files must be submitted in one of the formats set forth in the BuyBoard Technical Requirements. Proposers are requested to submit this information with Vendor’s Proposal. (This consent shall not authorize use of your company’s Vendor Information by BuyBoard if your company is not awarded a Contract.) OPT OUT: If your company wishes to opt out of the Vendor Consent for Name Brand Use, you must check the opt out box below. DDO NOT select this box unless your company is opting out of this Vendor Consent for N ame Brand Use. Ŀ By checking this box, Vendor hereby declines to provide consent for use of Vendor Information (as defined herein) on the BuyBoard website. By opting out, Vendor acknowledges and agrees that, if Vendor is awarded a Contract under this Proposal Invitation, information available on the BuyBoard for Vendor’s awarded products or services may be limited, potentially placing Vendor at a disadvantage and impacting the ability of Cooperative members to search, find, review, and purchase Vendor’s awarded products and services on the BuyBoard website. Initial: _____ Page 18 of 74 KS 83 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 CONFIDENTIAL/PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, forms, documentation, catalogs, pricelists, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et. seq.) or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. When required by the Texas Public Information Act or other disclosure law, Proposer may be notified of any third-party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, catalogs, pricelists, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? 3OHDVHFKHFN ¥ RQHRIWKHIROORZLQJ: NO,I certify that none of the information included with this Proposal is considered confidential or proprietary. YES,I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded “YES”, you must clearly identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and Cooperative administrator shall not be responsible for a Proposer’s failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and Cooperative administrator will disclose information when required by law, even if such information has been identified herein as information Vendor considers confidential or proprietary. Confidential / Proprietary Information: ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ (Attach additional sheets if needed.) Initial: _____ Page 19 of 74 KS 84 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 B. Copyright Information Does your Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal) contain copyright information? Please FKHFN ¥ RQHRIWKHIROORZLQJ NO, Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal) does not contain copyright information. YES, Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal) does contain copyright information. If you responded “YES”, clearly identify below the specific documents or pages containing copyright information. Copyright Information: _________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ (Attach additional sheets if needed.) C. Consent to Release Confidential/Proprietary/Copyright Information to BuyBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor Cooperative administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. D. Consent to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publicly release, including posting on the public BuyBoard website, a copy of the proposal tabulation and award information for the Contract including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non-award information. Initial: ______ Page 20 of 74 KS 85 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 EDGAR VENDOR CERTIFICATION (2 CFR Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the “Uniform Guidance” or new “EDGAR”). All Vendors submitting a Proposal must complete this EDGAR Certification Form regarding Vendor’s willingness and ability to comply with certain requirements which mmay be applicable to specific Cooperative member purchases using federal grant funds. Completed forms will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the terms and conditions of the BuyBoard contract, to address the member’s specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Vendor should certify Vendor’s agreem ent and ability to comply, w here applicable, by having Vendor’s authorized representative check the applicable boxes, initial each page, and sign the Compliance Forms Signature Page. If you fail to complete any item in this form, the Cooperative w ill consider and may list the Vendor’s response on the BuyBoard as “NO,” the Vendor is unable or unw illing to comply. A “NO” response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order or Cooperative member ancillary contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. Ŀ YES, I agree. Ŀ NO, I do not agree. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any Purchase Order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendor’s return policy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund such payment(s). If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member’s Purchase Order or ancillary agreement agreed to by the Vendor, the Cooperative member’s provision shall control. Ŀ YES, I agree. Ŀ NO, I do not agree. Initial: _____ Page 21 of 74 KS 86 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. Ŀ YES, I agree.Ŀ NO, I do not agree. 4. Davis-Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at beta.sam.gov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor’s acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland “Anti-Kickback” Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. Ŀ YES, I agree. Ŀ NO, I do not agree. 5. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Ŀ YES, I agree. Ŀ NO, I do not agree. Initial: _____ Page 22 of 74 KS 87 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative member’s Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Ŀ YES, I agree. Ŀ NO, I do not agree. 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended – Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. Ŀ YES, I agree. Ŀ NO, I do not agree. 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Ŀ YES, I agree. Ŀ NO, I do not agree. 9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352) - Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). Ŀ YES, I agree. Ŀ NO, I do not agree. Initial: _____ Page 23 of 74 KS 88 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 10. Procurement of Recovered Materials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Ŀ YES, I agree.Ŀ NO, I do not agree. 11. Domestic Preferences for Procurements: Where appropriate and consistent with law, 2 CFR §200.322 contains certain considerations for domestic preferences for procurements which may be applicable to Cooperative members using federal funds. When required by a Cooperative member, Vendor agrees to provide such information or certification as may reasonably be requested by the Cooperative member regarding Vendor’s products, including whether goods, products, or materials are produced in the United States. Ŀ YES, I agree. Ŀ NO, I do not agree. 12. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment 2 CFR §200.216 prohibits expending federal loan or grant funds to procure or obtain certain telecommunications and video surveillance services or equipment. To the extent applicable and when required by a Cooperative member, Vendor agrees to provide such information or certification as may reasonably be requested by the Cooperative member to confirm whether any telecommunications or video surveillance services or equipment provided by Vendor is covered equipment or covered services under 2 CFR §200.216. Ŀ YES, I agree. Ŀ NO, I do not agree. 13. Profit as a Separate Element of Price: For purchases using federal funds in excess of the Simplified Acquisition Threshold, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.324(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor’s Cooperative Contract. Ŀ YES, I agree. Ŀ NO, I do not agree. 14. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. Ŀ YES, I agree.Ŀ NO, I do not agree. Initial: _____ Page 24 of 74 KS 89 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 COMPLIANCE FORMS SIGNATURE PAGE By initialing pages and by signature below, I certify that I have reviewed the following forms; that the information provided therein is true, complete, and accurate; and that I am authorized by my company to make all certifications, consents, acknowledgements, and agreements contained herein: ƒProposal Acknowledgements ƒFelony Conviction Disclosure ƒDebarment Certification ƒResident/Nonresident Certification ƒVendor Employment Certification ƒNo Israel Boycott Certification ƒNo Excluded Nation or Foreign Terrorist Organization Certification ƒHistorically Underutilized Business Certification ƒConstruction-Related Goods and Services Affirmation ƒAcknowledgement of BuyBoard Technical Requirements ƒDeviation and Compliance ƒVendor Consent for Name Brand Use ƒConfidential/Proprietary Information ƒEDGAR Vendor Certification __________________________________________ Company Name __________________________________________ Signature of Authorized Company Official __________________________________________ Printed Name and Title __________________________________________ Date Page 25 of 74 Osage Industries, Inc Kyle Shimmens Digitally signed by Kyle Shimmens Date: 2021.04.20 07:56:07 -05'00' Kyle Shimmens, President 04/20/2021 90 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 PROPOSAL FORMS PART 2: VENDOR INFORMATION FORMS INSTRUCTIONS: Proposer must completely and accurately provide all information requested in the following Vendor Information Forms or your Proposal may be rejected as non-responsive: ƒVendor Business Name ƒVendor Contact Information ƒFederal and State/Purchasing Cooperative Experience ƒGovernmental References ƒCompany Profile ƒTexas Regional Service Designation ƒState Service Designation ƒNational Purchasing Cooperative Vendor Award Agreement (Vendors serving outside Texas only) ƒLocal/Authorized Seller Listings ƒManufacturer Dealer Designation ƒProposal Invitation Questionnaire ƒVendor Request to Self-Report BuyBoard Purchases (Optional) To the extent any information requested is not applicable to your company, you must so indicate on the form. VENDOR BUSINESS N AME By submitting a Proposal, Vendor is seeking to enter into a legal contract with the Cooperative. As such, Vendor must be an individual or legal business entity capable of entering into a binding contract. Name of Proposing Company: ____________________________________________________________ (List the llegal name of the company seeking to contract with the Cooperative. Do NOT list an assumed name, dba, aka, etc. here. Such information may be provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods or services, each submitting entity should complete a separate vendor information form. Separately operating legal business entities, even if affiliated entities, which propose to provide goods or services separately must submit their own Proposals.) 3OHDVHFKHFN ¥ RQHRIWKHIROORZLQJ Type of Business: Ŀ Individual/Sole Proprietor Ŀ Corporation Ŀ Limited Liability Company Ŀ Partnership Ŀ Other (Specify: ________________________) State of Incorporation (if applicable): ___________________________ Federal Employer Identification Number: ___________________________ (Vendor must include a completed IRS W-9 form with their Proposal) Name by which Vendor, if awarded, wishes to be identified on the BuyBoard: (Note: If different than the Name of Proposing Company listed above, only valid trade names (dba, aka, etc.) of the Proposing Company may be used and a copy of your Assumed Name Certificate(s), if applicable, must be attached.) ____________________________________________________________________________________________________ Page 26 of 74 Osage Industries, Inc 43-1478289 91 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 VENDOR CONTACT INFORMATION Proposal/Contract Contact: Vendor Proposal/Contract Contact Name: __________________________________________________________________ Vendor Proposal/Contract Contact E-mail Address: ___________________________________________________________ Vendor Contact Mailing Address for Proposal/Contract Notices: _________________________________________________ ____________________________________________________________________________________________________ Company Website: ____________________________________________________________________________________ Purchase Orders Contact Information: All Purchase Orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to Vendors to assist them with retrieving their orders. Please select options below for receipt of Purchase Orders and provide the requested information: I will use the internet to receive Purchase Orders at the following address: Purchase Order E-mail Address: ____________________________________________________________ Purchase Order Contact: _____________________________________ Phone: ______________________ Alternate Purchase Order E-mail Address: ____________________________________________________ Alternate Purchase Order Contact: ______________________________ Phone: _____________________ Purchase Orders may be received by the Designated Dealer(s) identified on my company’s Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Request for Quotes (“RFQ”): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: RFQ E-mail Address: ____________________________________________________________________________ RFQ Contact: _____________________________________________ Phone: ______________________________ Alternate RFQ E-mail Address: ____________________________________________________________________ Alternate RFQ Contact: __________________________________ Phone: _________________________________ Page 27 of 74 Kyle Shimmens kshimmens@osageind.com 194 County Road 302, Linn, MO 65051 https://www.osageambulances.com/ X kshimmens@osageind.com Kyle Shimmens 573-897-3634 sgove@osageind.com Sasha Gove 573-897-3634 kshimmens@osageind.com Kyle Shimmens 573-897-3634 sgove@osageind.com Sasha Gove 573-897-3634 92 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 Invoices:Your company will be billed monthly for the service fee due under a Contract awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Please choose only one (1) of the following options for receipt of invoices and provide the requested information: Service fee invoices and related communications should be provided directly to my company at: Invoice Mailing address: ____________________________________ Department: __________________ City: _____________________________ State: __________________ Zip Code: ___________________ Contact Name: _____________________________________ Phone: _____________________________ Invoice Fax: ________________ Invoice E-mail Address: _______________________________________ Alternative Invoice E-mail Address: ________________________________________________________ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing agent**: Billing Agent Mailing Address: ___________________________________ Department: _______________ City: _____________________________ State: __________________ Zip Code: ___________________ Billing Agent Contact Name: _____________________________________ Phone: ___________________ Billing Agent Fax: ________________ Billing Agent E-mail Address: _______________________________ Alternative Billing Agent E-mail Address: ____________________________________________________ ** If Vendor authorizes a billing agent to receive and process service fee invoices, in accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation shall relieve Vendor of its responsibilities and obligations under the Contract including, but not limited to, payment of all service fees under any Contract awarded Vendor. PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: Common Carrier Company Truck Prepaid and Add to Invoice Other: ________________ 2. Payment Terms: (Note: Vendor payment terms must comply with the BuyBoard General Terms and Conditions and the Texas Prompt Payment Act (Texas Government Code Ch. 2251).): ________________________________________________________ 3. Vendor’s Internal/Assigned Reference/Quote Number (optional): _____________________________________________ 4. State or attach your return policy. (Note: Only return requirements and processes will be deemed part of Vendor’s return policy. Any unrelated contract terms, terms of sale, or other information not specifically related to return requirements and processes included in Vendor’s return policy shall not apply to any awarded Contract unless specifically included as a deviation in the Deviation and Compliance Form and accepted by the Cooperative): _______________________________ ____________________________________________________________________________________________________ 5. Are electronic payments acceptable? Yes No 6. Are credit card payments acceptable? Yes No Page 28 of 74 194 County Road 302 Linn MO 65051 Kyle Shimmens 573-897-3634 573-897-3113 srobinson@osageind.com sgove@osageind.com TBD by Customer Will comply with BuyBoard Terms 93 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 FEDERAL AND STATE/PURCHASING COOPERATIVE EXPERIENCE The Cooperative strives to provide Cooperative members with the best services and products at the best prices available from Vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. 1. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market price during the previous 12-month period or the last fiscal year: $______________. (The period of the 12-month period is _________/_________). In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives as required. PURCHASING GROUP CURRENT VENDOR? (Y/N) FORMER VENDOR (Y/N)? – IF YES, LIST YEARS AS VENDOR AWARDED COMMODITY CATEGORY(IES) 1. Federal General Services Administration 2. T-PASS (State of Texas) 3. OMNIA Partners 4. Sourcewell (NJPA) 5. E&I Cooperative 6. Houston-Galveston Area Council (HGAC) 7. Choice Partners 8. The Interlocal Purchasing System (TIPS) 9. Other MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between your current and proposed discounts. Current Discount (%):_________________________ Proposed Discount (%):________________________ Explanation: _________________________________________________________________________________________ Page 29 of 74 3,000,000.00 03/01/2020 03/31/2021 NN NN NN NN NN N Y - until Fall 2020 NN NN Y North Carolina Sheriffs, Ohio Buys, Florida Sheriffs 94 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 GOVERNMENTAL REFERENCES For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested below, including the existing pricing/discounts you offer each customer. The Cooperative may determine whether pricing/discounts are fair and reasonable by comparing pricing/discounts stated in your Proposal with the pricing/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entity Name Contact Phone# Email Address Discount Volume______ 1.__________________________________________________________________________________________________ 2.__________________________________________________________________________________________________ 3.__________________________________________________________________________________________________ 4.__________________________________________________________________________________________________ 5.__________________________________________________________________________________________________ Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give better discounts (lower pricing) than indicated?YES NO If YES, please explain: _______________________________________________________________________________________________________________ _______________________________________________________________________________________________________________ _______________________________________________________________________________________________________________ COMPANY PROFILE Information on awarded Cooperative Contracts is available to Cooperative Members on the BuyBoard website. If your company is awarded a Contract under this Proposal Invitation, please provide a brief company description that you would like to have included with your company profile on the BuyBoard website. Submit your company profile in a separate file, in Word format, with your Proposal. (Note: Vendor is solely responsible for any content provided for inclusion on the BuyBoard website. The Cooperative reserves the right to exclude or remove any content in its sole discretion, with or without prior notice, including but not limited to any content deemed by the Cooperative to be inappropriate, irrelevant to the Contract, inaccurate, or misleading.) Page 30 of 74 St. Charles County Ambulance District - Robert Kemna - (636)344-7670 - rkemna@sccad.com 64+ units Broward County Fire Rescue & Emergency Service Dept. - Vince Cinque - (954)327-8715 - vincent_cinque@sheriff.org - 16+ units City of Salina Fire Department - Shane Pearson - (785)826-7340 - shane.pearson@salina.org - 10+ units Osage County Ambulance District - Josh Krull - (573)897-0044 - joshua.krull@osageamb.net - 10+ units Cherokee County - Dean Floyd-(770)846-6441 - mdfloyd@cherokeega.com - 10+ units 95 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 TEXAS REGIONAL SERVICE DESIGNATION The Cooperative (referred to as “Texas Cooperative” in this form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you must indicate the specific regions you will service on this form. If you propose to serve different regions for different products or services included in your Proposal, you must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies. BBy designating a region or regions, you are certifying that you are authorized and w illing to provide the proposed products and services in those regions. Designating regions in w hich you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your Proposal or, if aw arded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this form. _____________________________________________________ Company Name ˆI will service Texas Cooperative members statewide. ˆI will not service Texas Cooperative members statewide. I will only service members in the regions checked below: Region and Headquartersˆ1 Edinburg ˆ2 Corpus Christi ˆ3 Victoria ˆ4 Houston ˆ5 Beaumont ˆ6 Huntsville ˆ7 Kilgore ˆ8 Mount Pleasant ˆ9 Wichita Falls ˆ10 Richardson ˆ11 Fort Worth ˆ12 Waco ˆ13 Austin ˆ14 Abilene ˆ15 San Angelo ˆ16 Amarillo ˆ17 Lubbock ˆ18 Midland ˆ19 El Paso ˆ20 San Antonio ˆI will not service members of the Texas Cooperative. Page 31 of 74 96 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 STATE SERVICE DESIGNATION As set forth in the Proposal Invitation, it is the Cooperative’s intent that other governmental entities in the United States have the opportunity to purchase goods or services awarded under the Contract, subject to applicable state law, through a piggy- back award or similar agreement through the National Purchasing Cooperative BuyBoard. If you plan to service the entire United States or only specific states, you must complete this form accordingly. (Note: If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) In addition to this form, to be considered for a piggy-back award by the National Purchasing Cooperative, you m ust have an authorized representative sign the National Purchasing Cooperative Vendor Award Agreement that follows this form. If you serve different states for different products or services included in your Proposal, you must complete and submit a separate State Service Designation form for each group of products and clearly indicate the products or services to which the designation applies. By designating a state or states, you are certifying that you are authorized and w illing to provide the proposed products and services in those states. Designating states in which you are either unable or unw illing to provide the specified products and services shall be grounds for either rejection of your Proposal or, if awarded, termination of your Contract. 3OHDVHFKHFN ¥ DOOWKDWDSSO\: I will service all states in the United States. I will not service all states in the United States. I will service only the states checked below: Alabama Alaska Nebraska Arizona Nevada Arkansas New Hampshire California (Public Contract Code 20118 & 20652) New Jersey Colorado New Mexico Connecticut New York Delaware North Carolina District of Columbia North Dakota Florida Ohio Georgia Oklahoma Hawaii Oregon Idaho Pennsylvania Illinois Rhode Island Indiana South Carolina Iowa South Dakota Kansas Tennessee Kentucky Texas Louisiana Utah Maine Vermont Maryland Virginia Massachusetts Washington Michigan West Virginia Minnesota Wisconsin Mississippi Wyoming Missouri Montana Page 32 of 74 97 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be “piggy-backed” by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer (referred to in this Agreement as “Vendor”) agrees as follows: 1. Vendor acknowledges that if The Local Government Purchasing Cooperative (“Texas Cooperative”) awards Vendor a contract under this Proposal Invitation (“Underlying Award”), the National Purchasing Cooperative (“National Cooperative”) may - but is not required to - “piggy-back” on or re-award all or a portion of that Underlying Award (“Piggy-Back Award”). By signing this National Cooperative Vendor Award Agreement (“Agreement”), Vendor accepts and agrees to be bound by any such Piggy-Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative Administrator (“BuyBoard Administrator”) will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better (i.e., lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved in writing by the BuyBoard Administrator. 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members, vendor invoices, and/or such other documentation regarding those purchase orders as the Cooperative’s administrators may require in their reasonable discretion for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right, upon reasonable written notice, to review Vendor’s records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict. Page 33 of 74 98 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue for any dispute shall lie in the federal district court of Alexandria, Virginia. 8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy-Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. _______________________________________ ___________________________________________ Name of Vendor Proposal Invitation Number _______________________________________ ___________________________________________ Signature of Authorized Company Official Printed Name of Authorized Company Official __________________________________ Date Page 34 of 74 Osage Industries, Inc 650-21 Kyle Shimmens Digitally signed by Kyle Shimmens Date: 2021.04.20 08:00:04 -05'00'Kyle Shimmens 04/20/2021 99 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 L OCATION/AUTHORIZED S ELLER L ISTINGS If you have more than one location/authorized seller that will service a Contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. IIf you are a product m anufacturer and w ish to designate Designated Dealers as defined in the General Term s and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Location/Authorized Seller Name Contact Person Contact Information (Mailing Address, Phone, Fax, Email) Page 35 of 74 Lone Star Emergency Group Ashley Wheeler 4553 Aldine Bender, Houston, TX 77032, P-(833)777-3473 F-(713)799-5699 email - ashley.wheeler@lonestareg.com Emergency Services Supply John Kehoe 2637 Drew Perry Road, Jefferson City, MO 65109, P-(573)690-1122 F-(573) 897-3113 email - jkehoe@osageind.com 100 101 102 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 M ANUFACTURER D EALER D ESIGNATION If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple dealers (“Designated Dealers”) to receive Cooperative member Purchase Orders on Vendor’s behalf, you must complete this form for each dealer you wish to designate. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor’s convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor’s Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor’s Contract for nonpayment of service fees. If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor’s behalf under the Contract. Further, the Cooperative administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion. If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer below. If you wish to designate multiple dealers, please duplicate this form as necessary. ____________________________________________________________________________________________________ Designated Dealer Name Designated Dealer Contact Person ____________________________________________________________________________________________________ Designated Dealer Address _____________________________________ _________________________ _________________ City State Zip _________________________________________ _______________________________________ Phone Number Fax Number _________________________________________ _____________________________________________________ Email address Designated Dealer Tax ID Number* (*attach W-9) Page 36 of 74 Lone Star Emergency Group Ashley Wheeler 4553 Aldine Bender Houston TX 77032 883-777-3473 713-799-5699 ashley.wheeler@lonestareg.com 82-3201330 103 104 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 PROPOSAL INVITATION QUESTIONNAIRE The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services (“Work”) under the BuyBoard contract contemplated by this Proposal Invitation (“Contract”). Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire and submit in one document with your Proposal. You must submit the questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 2. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this Contract. State the number and summarize the experience of company personnel who may be utilized for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, and product selection for Work associated with this Contract. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ___________________________________________________________________________________ 3.Marketing Strategy:For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal. (Example: Explain how your company will initially inform Cooperative members of your BuyBoard Contract, and how you will continue to support the BuyBoard for the duration of the Contract term.) Attach additional pages if necessary. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ___________________________________________________________________________________ Page 37 of 74 Osage Industries, Inc. has been in business since 1983. We also go by Osage Ambulances in our industry. Our business is not currently for sale. We have two full-time individuals who will manage all items relating to the BuyBoard contract. Kyle Shimmens & Sasha Gove both manage other cooperative contracts and work together on any pricing, dealer communications, order processing, etc. We are already communicating to our dealer network and end customers our hopeful relationship with BuyBoard, as we are confident it will be a great partnership. We will encourage users through a variety of marketing platforms to utilize BuyBoard as a primary procurement option when purchasing ambulances. We will help our customers navigate through BuyBoard procedures. 105 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 4. Describe Proposer’s financial capability to perform the Contract. State or describe the firm’s financial strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm’s past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your firm. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 5. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 6. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, failure to complete or deliver the work, or termination. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 7. List all litigation or other legal proceedings (including arbitration proceedings), if any, in the last 10 years brought against your firm, or any of the firm’s past or present owners, principal shareholders or stockholders, officers, agents or employees, that relate to or arise from a contract similar to this Contract or the Work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of the claim, and resolution or current status. ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Page 38 of 74 See attached letter from our bank, Osage Industries Inc. - Letter of Good Standing No None None 106 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 VENDOR REQUEST TO SELF-REPORT BUYBOARD PURCHASES The General Terms and Conditions require that all Purchase Orders generated by or under any Contract awarded under this Proposal Invitation be processed through the BuyBoard and,except as expressly authorized in writing by the Cooperative administrator, Vendors are not authorized to process Purchase Orders received directly from Cooperative members that have not been processed through the BuyBoard or provided to the Cooperative. In accordance with this provision, Vendor may request authorization of the Cooperative administrator to self-report Cooperative member purchases if awarded a Contract under this Proposal Invitation. By making such a request, Vendor acknowledges and agrees that self-reporting is specifically subject to and conditioned upon (1) Vendor’s agreement to the Additional Terms and Conditions for BuyBoard Self-Reporting which are included in this Proposal Invitation and incorporated herein for all purposes and (2) approval of this request in writing by the Cooperative administrator. NNote: This form is NOT required as part of your proposal. You should sign and return this form ONLY if you wish to request authorization to self-report BuyBoard purchases. Any request to self-report will not be effective, and Vendor shall not be authorized to self-report BuyBoard member purchases, unless and until (1) Vendor is awarded a Contract under this Proposal Invitation, and (2) the request has been approved in writing by the Cooperative administrator. By my signature below, I hereby request authorization from the Cooperative administrator to self-report BuyBoard purchases if my company is awarded a Contract. I certify that I am authorized by the above-named Vendor to approve this form, and I have received and read the Additional Terms and Conditions for BuyBoard Self-Reporting included in this Proposal Invitation and do hereby approve and agree to such terms and conditions on behalf of Vendor. NAME OF VENDOR: ______________________________________________________ _______________________________________ Signature of Vendor Authorized Representative Printed Name: __________________________ Title: _________________________________ Date: _________________________________ (For Cooperative Administrator Use Only) Approved by BuyBoard Administrator: __________________________ Effective/Start Date for Self-Reporting: _________________________ Page 39 of 74 Osage Industries, Inc Kyle Shimmens Digitally signed by Kyle Shimmens Date: 2021.04.20 08:09:41 -05'00' Kyle Shimmens President 04/20/2021 107 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 R EQUIRED F ORMS C HECKLIST (3OHDVHFKHFN ¥ the following) Reviewed/Completed: Proposer’s Acceptance and Agreement PROPOSAL FORMS PART 1: COMPLIANCE FORMS Reviewed/Completed: Proposal Acknowledgements Reviewed/Completed: Felony Conviction Disclosure Reviewed/Completed: Resident/Nonresident Certification Reviewed/Completed: Debarment Certification Reviewed/Completed: Vendor Employment Certification Reviewed/Completed: No Israel Boycott Certification Reviewed/Completed: No Excluded Nation or Foreign Terrorist Organization Certification Reviewed/Completed: Historically Underutilized Business Certification Reviewed/Completed: Acknowledgement of BuyBoard Technical Requirements Reviewed/Completed: Construction-Related Goods and Services Affirmation Reviewed/Completed: Deviation and Compliance Reviewed/Completed: Vendor Consent for Name Brand Use Reviewed/Completed: Confidential/Proprietary Information Reviewed/Completed: EDGAR Vendor Certification Reviewed/Completed: Compliance Forms Signature Page PROPOSAL FORMS PART 2: VENDOR INFORMATION FORMS Reviewed/Completed: Vendor Business Name Reviewed/Completed: Vendor Contact Information Reviewed/Completed: Federal and State/Purchasing Cooperative Experience Reviewed/Completed: Governmental References Reviewed/Completed: Company Profile Reviewed/Completed: Texas Regional Service Designation Reviewed/Completed: State Service Designation Reviewed/Completed: National Purchasing Cooperative Vendor Award Agreement (Vendors serving outside Texas only) Reviewed/Completed: Local/Authorized Seller Listings Reviewed/Completed: Manufacturer Dealer Designation Reviewed/Completed: Proposal Invitation Questionnaire Reviewed/Completed: Vendor Request to Self-Report BuyBoard Purchases (Optional) Reviewed/Completed: Proposal Specifications Discount (%) off Catalog/Pricelist and/or other required pricing information including Catalogs/Pricelists (or no bid response) must be submitted with the Proposal or the Proposal will not be considered. Manufacturer Authorization Letters, Franchise Motor Vehicle Dealer Certificate from Texas Department of Motor Vehicles, Applicable Dealer License. Page 42 of 74 108 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 PROPOSAL SPECIFICATION SUMMARY The categories and items specified for this Proposal Invitation are summarized below. For full Proposal Specifications, you must review and complete the Proposal Specification information in the electronic proposal submission system in accordance with the Instructions to Proposers (or, if submitting a hard copy Proposal, timely request and complete the Proposal Specification Form in accordance with the Instructions to Proposers). ________________________________________________________________________________________________________ NOTE 1: Vendors should propose direct replacement models if a model type specified below has been discontinued by the manufacturer. All ambulances must meet or exceed all requirements of the latest version of KKK-A-1822F and also comply with or exceed all Federal Motor Vehicle Safety Standards, FMVSS. All vehicle fees to be charged for any purchase from this contract with the exception of delivery fees (i.e. pre delivery inspection, make ready, applicable state inspection fee, manufacturer destination fees, etc.) are to be included in the base price(s). Vehicle fees not included in the base price(s) will not be allowed. The Cooperative service fee for ambulances is not a “vehicle fee” and is not to be included in the base pricing. NOTE 2:An awarded Vendor must be approved by the manufacturer to sell, install, and service the brand of equipment submitted. Proposers responding to this Proposal Invitation should submit an approval letter from each manufacturer. Manufacturer authorization letters must include the regions and/or states in which equipment may be sold. NOTE 3:Vendors must provide a copy of their Franchise Motor Vehicle Dealer Certificate from Texas Department of Motor Vehicles and Manufacturer certificate from the Texas Department of Motor Vehicles or, if vendor proposes to serve states outside of the State of Texas, the applicable dealer license(s) for such state(s). Section I: Ambulances complete with Chassis 1.Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel and/or electric choice equipment (CNG, LPG, electric, etc.) 2. Type II Ambulance - Standard van, integral cab-body ambulance on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel and/or electric choice equipment (CNG, LPG, electric, etc.) 3. Type III Ambulance - Cutaway van, cab-chassis with integral or containerized modular body ambulance on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel and/or electric choice equipment (CNG, LPG, electric, etc.) 4. Type VII Ambulance - Cutaway van, cab-chassis with integral or containerized modular body ambulance on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel and/or electric choice equipment (CNG, LPG, electric, etc.) 5. Type IX Ambulance - Cutaway van, cab-chassis with integral or containerized modular body ambulance on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel and/or electric choice equipment (CNG, LPG, electric, etc.) Page 40 of 74 109 12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 ·buyboard.com Proposal Forms COMM/SVCS v.03.01.2021 Section II: OPTIONAL EQUIPMENT and PARTS- Options will be selected by the Cooperative member at the time of order. A COMPLETE LIST OF ALL OPTIONAL EQUIPMENT AND PARTS MUST BE SUBMITTED WITH PROPOSAL FOR PROPOSAL TO BE CONSIDERED! 6. Discount (%) off all Original Equipment Manufacturer (OEM) Options. 7. Discount (%) off all Third Party (not OEM) and Unpublished Options and Equipment. 8. Discount (%) off all Original Equipment Manufacturer (OEM) Parts. 9. Discount (%) off all Extended Service Maintenance Agreements. 10. Discount (%) off all Floor Plan Insurance and Lot Insurance (dealer inventory ambulance). 11. Discount (%) off all Other Ambulance Products and Services (refurbishing, modification, uplifting, remounting services and equipment). Section III: Delivery Fees and Labor Rate for Installation and Repair Service of Ambulances 12. Hourly Labor Rate for Installation/Repair Service of Ambulance Equipment and Products- not to exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 13. Hourly Labor Rate for Paint and Body Repair of Ambulances - not to exceed labor rate for Paint and Body Repair. 14. Per Mile Delivery Fee for Ambulances - state the per mile delivery fee for Ambulances. Page 41 of 74 110 650-21 Osage Industries, Inc. Supplier Response Event Information Number:650-21 Title:Ambulances Type:Request for Proposal Issue Date:3/19/2021 Deadline:4/29/2021 04:00 PM (CT) Notes: The Local Government Purchasing Cooperative (BuyBoard) Proposal Invitation No. 650-21 Ambulances Proposal Due Date and Time: April 29, 2021 at 4:00 PM Responding to this and future proposals online is easy with our online submission system. 1. View and download the forms. DO NOT log in to view and download the documents. Visit vendor.buyboard.com and click on the “Current Proposal Invitations” button shown below to view and download the forms for this proposal. Page 1 of 20 pages Vendor: Osage Industries, Inc.650-21111 2. To submit completed proposal. Visit vendor.buyboard.com and click "Register/Login/Submit Proposal" button shown below to submit your proposal online. For additional assistance click this link è View our Proposal Submission Instructions. New Vendor? Visit vendor.buyboard.com and click “Register/Login/Submit Proposal.” Click Register now as a new supplier/vendor, so you don’t miss future proposal opportunities. Any Addenda issued with this proposal will also be placed on the website, and it will be the vendor’s responsibility to obtain the information. Page 2 of 20 pages Vendor: Osage Industries, Inc.650-21112 Osage Industries, Inc. Information Contact:Kyle Shimmens Address:194 Twin Ridge Rd Linn, MO 65051 Phone:(573) 897-3634 Email:kshimmens@osageind.com By submitting your response, you certify that you are authorized to represent and bind your company. Kyle Shimmens kshimmens@osageind.com Signature Email Submitted at 4/27/2021 2:26:44 PM Requested Attachments BuyBoard Proposal Invitation No. 650-21 for Ambulances proposal-no-650-21 - 040821.pdf REQUIRED - In PDF format, upload all proposal invitation documents available for download at vendor.buyboard.com including any additional pages, as necessary. (Please DO NOT password protect uploaded files.) Catalog/Pricelist BuyBoard Catalog-Pricelist 042721.xlsx REQUIRED - In PDF format, upload catalog/pricelist in proposal invitation instructions. File size must not exceed 100MB.(Please DO NOT password protect uploaded files.) Company Profile Company Profile.docx Information on awarded Cooperative Contracts is available to Cooperative Members on the BuyBoard website. If your company is awarded a Contract under this Proposal Invitation, please provide a brief company description that you would like to have included with your company profile on the BuyBoard website. Submit your company profile in a separate file, in Word format, with your Proposal. (Note: Vendor is solely responsible for any content provided for inclusion on the BuyBoard website. The Cooperative reserves the right to exclude or remove any content in its sole discretion, with or without prior notice, including but not limited to any content deemed by the Cooperative to be inappropriate, irrelevant to the Contract, inaccurate, or misleading.) Detailed Information and Exceptions Related to Discount and/or Hourly Labor Rate No response In PDF format, define the services that are proposed to be provided and attach detailed information including exceptions to pricing or discount percentage, NOTE: IF DETAILED INFORMATION IS NOT SUBMITTED, PROPOSAL MAY NOT BE CONSIDERED. (Please DO NOT password protect uploaded files.) Manufacturer Authorization Letter(s)Manufacturer Authorization Letter.pdf REQUIRED - Upload Manufacturer Authorization Letter(s)in PDF format. Manufacturers responding to this proposal invitation, in lieu of an authorization letter, must submit a response on company letterhead explaining that the company is a manufacturer of products proposed. Dealers responding to this Proposal Invitation should submit an approval letter from each manufacturer. Manufacturer authorization letters must include the regions and/or states in which equipment may be sold. Dealer Certificate(s) and/or License(s)Manufacturer Dealer Designation .pdf In PDF format, upload Franchise Motor Vehicle Dealer Certificate from Texas Department of Motor Vehicles and Manufacturer certificate from the Texas Department of Motor Vehicles or, if vendor proposes to serve states outside of the State of Texas, the applicable dealer license(s) for such state(s). IRS Form W-9 Request for Taxpayer Identification Number and Certification W-9 JKASS and LSEG.pdf REQUIRED - In PDF format, upload W-9 form. (Please DO NOT password protect uploaded files.) Page 3 of 20 pages Vendor: Osage Industries, Inc.650-21113 Response Attachments Intro Letter.pdf Intro Letter Osage Industries Inc-Letter of Good Standing.pdf Letter of Good Standing From Bank Bid Lines 1 Section I: Ambulances complete with Chassis - Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$169,015.00 Total:$169,015.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1006 Item Notes: NOTE 1: Vendors should propose direct replacement models if a model type specified below has been discontinued by the manufacturer. All ambulances must meet or exceed all requirements of the latest version of KKK-A-1822F and also comply with or exceed all Federal Motor Vehicle Safety Standards, FMVSS. All vehicle fees to be charged for any purchase from this contract with the exception of delivery fees (i.e. pre delivery inspection, make ready, applicable state inspection fee, manufacturer destination fees, etc.) are to be included in the base price(s). Vehicle fees not included in the base price(s) will not be allowed. The Cooperative service fee for ambulances is not a “vehicle fee” and is not to be included in the base pricing. NOTE 2: An awarded Vendor must be approved by the manufacturer to sell, install, and service the brand of equipment submitted. Proposers responding to this Proposal Invitation should submit an approval letter from each manufacturer. Manufacturer authorization letters must include the regions and/or states in which equipment may be sold. NOTE 3: Vendors must provide a copy of their Franchise Motor Vehicle Dealer Certificate from Texas Department of Motor Vehicles and Manufacturer certificate from the Texas Department of Motor Vehicles or, if vendor proposes to serve states outside of the State of Texas, the applicable dealer license(s) for such state(s). Item Attributes 1.State Brand of Chassis and Body Ford W F450 4x2 Diesel Page 4 of 20 pages Vendor: Osage Industries, Inc.650-21114 Alternate 1 Section I: Ambulances complete with Chassis - Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$171,911.00 Total:$171,911.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1007 Item Attributes 1.State Brand of Chassis and Body Ford W F450 4X4 Diesel Alternate 2 Section I: Ambulances complete with Chassis - Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$178,465.00 Total:$178,465.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1008 Item Attributes 1.State Brand of Chassis and Body Ford SW F550 4x2 Diesel Alternate 3 Section I: Ambulances complete with Chassis - Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$181,378.00 Total:$181,378.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1009 Item Attributes 1.State Brand of Chassis and Body Ford SW F550 4x4 Diesel Page 5 of 20 pages Vendor: Osage Industries, Inc.650-21115 Alternate 4 Section I: Ambulances complete with Chassis - Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$159,924.00 Total:$159,924.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1010 Item Attributes 1.State Brand of Chassis and Body Ford W F450 4x2 Gas Alternate 5 Section I: Ambulances complete with Chassis - Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$162,827.00 Total:$162,827.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1011 Item Attributes 1.State Brand of Chassis and Body Ford W F450 4x4 Gas Alternate 6 Section I: Ambulances complete with Chassis - Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$169,380.00 Total:$169,380.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1012 Item Attributes 1.State Brand of Chassis and Body Ford SW F550 4x2 Gas Page 6 of 20 pages Vendor: Osage Industries, Inc.650-21116 Alternate 7 Section I: Ambulances complete with Chassis - Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$172,294.00 Total:$172,294.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1013 Item Attributes 1.State Brand of Chassis and Body Ford SW F550 4x4 Gas Alternate 8 Section I: Ambulances complete with Chassis - Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$172,896.00 Total:$172,896.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1014 Item Attributes 1.State Brand of Chassis and Body Ram W 4500 4x2 Diesel Alternate 9 Section I: Ambulances complete with Chassis - Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$177,176.00 Total:$177,176.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1015 Item Attributes 1.State Brand of Chassis and Body Ram W 4500 4x4 Diesel Page 7 of 20 pages Vendor: Osage Industries, Inc.650-21117 Alternate 10 Section I: Ambulances complete with Chassis - Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$182,402.00 Total:$182,402.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1016 Item Attributes 1.State Brand of Chassis and Body Ram SW 5500 4x2 Diesel Alternate 11 Section I: Ambulances complete with Chassis - Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$186,677.00 Total:$186,677.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1017 Item Attributes 1.State Brand of Chassis and Body Ram SW 5500 4x4 Diesel Alternate 12 Section I: Ambulances complete with Chassis - Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$162,939.00 Total:$162,939.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1018 Item Attributes 1.State Brand of Chassis and Body Ram W 4500 4x2 Gas Page 8 of 20 pages Vendor: Osage Industries, Inc.650-21118 Alternate 13 Section I: Ambulances complete with Chassis - Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$167,214.00 Total:$167,214.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1019 Item Attributes 1.State Brand of Chassis and Body Ram W 4500 4x4 Gas Alternate 14 Section I: Ambulances complete with Chassis - Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$1,724,400.00 Total:$1,724,400.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1020 Item Attributes 1.State Brand of Chassis and Body Ram SW 5500 4x2 Gas Alternate 15 Section I: Ambulances complete with Chassis - Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$176,721.00 Total:$176,721.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1021 Item Attributes 1.State Brand of Chassis and Body Ram SW 5500 4x4 Gas Page 9 of 20 pages Vendor: Osage Industries, Inc.650-21119 Alternate 16 Section I: Ambulances complete with Chassis - Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$189,832.00 Total:$189,832.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1022 Item Attributes 1.State Brand of Chassis and Body Chevrolet SW 5500 4x2 Die Alternate 17 Section I: Ambulances complete with Chassis - Type I Ambulance - Conventional truck, cab-chassis with modular ambulance body on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$191,475.00 Total:$191,475.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1023 Item Attributes 1.State Brand of Chassis and Body Chevrolet SW 5500 4x4 Die Page 10 of 20 pages Vendor: Osage Industries, Inc.650-21120 2 Section I: Ambulances complete with Chassis - Type II Ambulance - Standard van, integral cab-body ambulance on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$89,263.00 Total:$89,263.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1445 Item Notes: NOTE 1: Vendors should propose direct replacement models if a model type specified below has been discontinued by the manufacturer. All ambulances must meet or exceed all requirements of the latest version of KKK-A-1822F and also comply with or exceed all Federal Motor Vehicle Safety Standards, FMVSS. All vehicle fees to be charged for any purchase from this contract with the exception of delivery fees (i.e. pre delivery inspection, make ready, applicable state inspection fee, manufacturer destination fees, etc.) are to be included in the base price(s). Vehicle fees not included in the base price(s) will not be allowed. The Cooperative service fee for ambulances is not a “vehicle fee” and is not to be included in the base pricing. NOTE 2: An awarded Vendor must be approved by the manufacturer to sell, install, and service the brand of equipment submitted. Proposers responding to this Proposal Invitation should submit an approval letter from each manufacturer. Manufacturer authorization letters must include the regions and/or states in which equipment may be sold. NOTE 3: Vendors must provide a copy of their Franchise Motor Vehicle Dealer Certificate from Texas Department of Motor Vehicles and Manufacturer certificate from the Texas Department of Motor Vehicles or, if vendor proposes to serve states outside of the State of Texas, the applicable dealer license(s) for such state(s). Item Attributes 1.State Brand of Chassis and Body Mid-Roof Ford T250 Alternate 1 Section I: Ambulances complete with Chassis - Type II Ambulance - Standard van, integral cab-body ambulance on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$92,396.00 Total:$92,396.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1446 Page 11 of 20 pages Vendor: Osage Industries, Inc.650-21121 Item Attributes 1.State Brand of Chassis and Body High-Roof Ford T350 Alternate 2 Section I: Ambulances complete with Chassis - Type II Ambulance - Standard van, integral cab-body ambulance on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$90,518.00 Total:$90,518.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1447 Item Attributes 1.State Brand of Chassis and Body Mid-Roof Ford T350 Alternate 3 Section I: Ambulances complete with Chassis - Type II Ambulance - Standard van, integral cab-body ambulance on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$102,504.00 Total:$102,504.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1449 Item Attributes 1.State Brand of Chassis and Body Sprinter "Chassis" 4x2 Alternate 4 Section I: Ambulances complete with Chassis - Type II Ambulance - Standard van, integral cab-body ambulance on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$110,340.00 Total:$110,340.00 Manufacturer:Sprinter "Chassis" 4x2 Manufacturer #:1450 Page 12 of 20 pages Vendor: Osage Industries, Inc.650-21122 Item Attributes 1.State Brand of Chassis and Body Sprinter "Chassis" 4x4 3 Section I: Ambulances complete with Chassis - Type III Ambulance - Cutaway van, cab-chassis with integral or containerized modular body ambulance on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$134,770.00 Total:$134,770.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1001 Item Notes: NOTE 1: Vendors should propose direct replacement models if a model type specified below has been discontinued by the manufacturer. All ambulances must meet or exceed all requirements of the latest version of KKK-A-1822F and also comply with or exceed all Federal Motor Vehicle Safety Standards, FMVSS. All vehicle fees to be charged for any purchase from this contract with the exception of delivery fees (i.e. pre delivery inspection, make ready, applicable state inspection fee, manufacturer destination fees, etc.) are to be included in the base price(s). Vehicle fees not included in the base price(s) will not be allowed. The Cooperative service fee is for ambulances not a “vehicle fee” and is not to be included in the base pricing. NOTE 2: An awarded Vendor must be approved by the manufacturer to sell, install, and service the brand of equipment submitted. Proposers responding to this Proposal Invitation should submit an approval letter from each manufacturer. Manufacturer authorization letters must include the regions and/or states in which equipment may be sold. NOTE 3: Vendors must provide a copy of their Franchise Motor Vehicle Dealer Certificate from Texas Department of Motor Vehicles and Manufacturer certificate from the Texas Department of Motor Vehicles or, if vendor proposes to serve states outside of the State of Texas, the applicable dealer license(s) for such state(s). Item Attributes 1.State Brand of Chassis and Body Chevrolet G3500 Warrior Page 13 of 20 pages Vendor: Osage Industries, Inc.650-21123 Alternate 1 Section I: Ambulances complete with Chassis - Type III Ambulance - Cutaway van, cab-chassis with integral or containerized modular body ambulance on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$143,690.00 Total:$143,690.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1002 Item Attributes 1.State Brand of Chassis and Body Chevrolet G4500 SW Alternate 2 Section I: Ambulances complete with Chassis - Type III Ambulance - Cutaway van, cab-chassis with integral or containerized modular body ambulance on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$137,571.00 Total:$137,571.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1003 Item Attributes 1.State Brand of Chassis and Body Ford E350 Warrior Alternate 3 Section I: Ambulances complete with Chassis - Type III Ambulance - Cutaway van, cab-chassis with integral or containerized modular body ambulance on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$147,999.00 Total:$147,999.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1004 Item Attributes 1.State Brand of Chassis and Body Ford E450 SW - Gas Page 14 of 20 pages Vendor: Osage Industries, Inc.650-21124 Alternate 4 Section I: Ambulances complete with Chassis - Type III Ambulance - Cutaway van, cab-chassis with integral or containerized modular body ambulance on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each Price:$148,888.00 Total:$148,888.00 Manufacturer:Osage Industries, Inc. Manufacturer #:1005 Item Attributes 1.State Brand of Chassis and Body Sprinter Warrior Diesel 4 Section I: Ambulances complete with Chassis - Type VII Ambulance - Cutaway van, cab-chassis with integral or containerized modular body ambulance on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each No Bid Manufacturer:No response Manufacturer #:No response Item Notes: NOTE 1: Vendors should propose direct replacement models if a model type specified below has been discontinued by the manufacturer. All ambulances must meet or exceed all requirements of the latest version of KKK-A-1822F and also comply with or exceed all Federal Motor Vehicle Safety Standards, FMVSS. All vehicle fees to be charged for any purchase from this contract with the exception of delivery fees (i.e. pre delivery inspection, make ready, applicable state inspection fee, manufacturer destination fees, etc.) are to be included in the base price(s). Vehicle fees not included in the base price(s) will not be allowed. The Cooperative service fee for ambulances is not a “vehicle fee” and is not to be included in the base pricing. NOTE 2: An awarded Vendor must be approved by the manufacturer to sell, install, and service the brand of equipment submitted. Proposers responding to this Proposal Invitation should submit an approval letter from each manufacturer. Manufacturer authorization letters must include the regions and/or states in which equipment may be sold. NOTE 3: Vendors must provide a copy of their Franchise Motor Vehicle Dealer Certificate from Texas Department of Motor Vehicles and Manufacturer certificate from the Texas Department of Motor Vehicles or, if vendor proposes to serve states outside of the State of Texas, the applicable dealer license(s) for such state(s). Page 15 of 20 pages Vendor: Osage Industries, Inc.650-21125 Item Attributes 1.State Brand of Chassis and Body No response 5 Section I: Ambulances complete with Chassis - Type IX Ambulance - Cutaway van, cab-chassis with integral or containerized modular body ambulance on various chassis (Ford, Chevrolet, GMC, Freightliner, Navistar, Dodge, International, Peterbilt, Kenworth, or other similar chassis), complete with all manufacturer's standard equipment. Include separate sheet with upgrade options to include all manufacturer options including alternative fuel choice equipment (CNG, LPG, etc.) Quantity:1 UOM:Each No Bid Manufacturer:No response Manufacturer #:No response Item Notes: NOTE 1: Vendors should propose direct replacement models if a model type specified below has been discontinued by the manufacturer. All ambulances must meet or exceed all requirements of the latest version of KKK-A-1822F and also comply with or exceed all Federal Motor Vehicle Safety Standards, FMVSS. All vehicle fees to be charged for any purchase from this contract with the exception of delivery fees (i.e. pre delivery inspection, make ready, applicable state inspection fee, manufacturer destination fees, etc.) are to be included in the base price(s). Vehicle fees not included in the base price(s) will not be allowed. The Cooperative service fee for ambulances is not a “vehicle fee” and is not to be included in the base pricing. NOTE 2: An awarded Vendor must be approved by the manufacturer to sell, install, and service the brand of equipment submitted. Proposers responding to this Proposal Invitation should submit an approval letter from each manufacturer. Manufacturer authorization letters must include the regions and/or states in which equipment may be sold. NOTE 3: Vendors must provide a copy of their Franchise Motor Vehicle Dealer Certificate from Texas Department of Motor Vehicles and Manufacturer certificate from the Texas Department of Motor Vehicles or, if vendor proposes to serve states outside of the State of Texas, the applicable dealer license(s) for such state(s). Item Attributes 1.State Brand of Chassis and Body No response Page 16 of 20 pages Vendor: Osage Industries, Inc.650-21126 6 Section II: OPTIONAL EQUIPMENT and PARTS - Discount (%) off catalog/pricelist for Original Equipment Manufacturer (OEM) Options. Catalog/Pricelist MUST be included or proposal will not be considered. Total:3% Item Notes: Options will be selected by the Cooperative member at the time of order. A COMPLETE LIST OF ALL OPTIONAL EQUIPMENT AND PARTS MUST BE SUBMITTED WITH PROPOSAL FOR PROPOSAL TO BE CONSIDERED! Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist Attached BuyBoard 042721 7 Section II: OPTIONAL EQUIPMENT and PARTS - Discount (%) off catalog/pricelist for Third Party (not OEM) and Unpublished Options and Equipment. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Options will be selected by the Cooperative member at the time of order. A COMPLETE LIST OF ALL OPTIONAL EQUIPMENT AND PARTS MUST BE SUBMITTED WITH PROPOSAL FOR PROPOSAL TO BE CONSIDERED! Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Page 17 of 20 pages Vendor: Osage Industries, Inc.650-21127 Item Attributes 1.State Name of Catalog/Pricelist No response 8 Section II: OPTIONAL EQUIPMENT and PARTS- Discount (%) off catalog/pricelist for Original Equipment Manufacturer (OEM) Parts. No Bid Item Notes: Options will be selected by the Cooperative member at the time of order. A COMPLETE LIST OF ALL OPTIONAL EQUIPMENT AND PARTS MUST BE SUBMITTED WITH PROPOSAL FOR PROPOSAL TO BE CONSIDERED! Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 9 Section II: OPTIONAL EQUIPMENT and PARTS - Discount (%) off catalog/pricelist for Extended Service Maintenance Agreements. Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Options will be selected by the Cooperative member at the time of order. A COMPLETE LIST OF ALL OPTIONAL EQUIPMENT AND PARTS MUST BE SUBMITTED WITH PROPOSAL FOR PROPOSAL TO BE CONSIDERED! Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Page 18 of 20 pages Vendor: Osage Industries, Inc.650-21128 Item Attributes 1.State Name of Catalog/Pricelist No response 1 0 Section II: OPTIONAL EQUIPMENT and PARTS - Discount (%) off catalog/pricelist for Floor Plan Insurance and Lot Insurance (dealer inventory ambulance). Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Options will be selected by the Cooperative member at the time of order. A COMPLETE LIST OF ALL OPTIONAL EQUIPMENT AND PARTS MUST BE SUBMITTED WITH PROPOSAL FOR PROPOSAL TO BE CONSIDERED! Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response Page 19 of 20 pages Vendor: Osage Industries, Inc.650-21129 1 1 Section II: OPTIONAL EQUIPMENT and PARTS - Discount (%) off catalog/pricelist for Other Ambulance Products and Services (refurbishing, modification, uplifting, remounting services and equipment).Catalog/Pricelist MUST be included or proposal will not be considered. No Bid Item Notes: Options will be selected by the Cooperative member at the time of order. A COMPLETE LIST OF ALL OPTIONAL EQUIPMENT AND PARTS MUST BE SUBMITTED WITH PROPOSAL FOR PROPOSAL TO BE CONSIDERED! Vendors proposing various manufacturer product lines per line item must submit the information as follows or proposal may not be considered: Vendor's must list one specific percentage discount for each Manufacturer listed. Additional/Alternate Manufacturer lines must submitted by selecting "Add Alternate." Item Attributes 1.State Name of Catalog/Pricelist No response 1 2 Section III: Delivery Fees and Labor Rate for Installation and Repair Service of Ambulances - Hourly Labor Rate for Installation/Repair Service of Ambulance Equipment and Products- not to exceed hourly labor rate for Installation/Repair Service of Equipment and Products. Quantity:1 UOM:Hour No Bid 1 3 Section III: Delivery Fees and Labor Rate for Installation and Repair Service of Ambulances- Hourly Labor Rate for Paint and Body Repair of Ambulances - not to exceed labor rate for Paint and Body Repair. Quantity:1 UOM:Hour No Bid 1 4 Section III: Delivery Fees and Labor Rate for Installation and Repair Service of Ambulances - Per Mile Delivery Fee for Ambulances - state the per mile delivery fee for Ambulances. Quantity:1 UOM:Mile No Bid Response Total: $393,048.00 Page 20 of 20 pages Vendor: Osage Industries, Inc.650-21130 131 132 7.k. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: County/EMS Agencies Equipment MOUs Approvals (Drug Boxes); (2) Staff Contact(s): Christopher Key Agenda Date: October 15, 2024 Item Number: 7.k. Attachment(s): 1. NarcID Safe MOU (drug boxes) 2. NarcID-CSU MOA (drug boxes) Reviewed By: SUMMARY: Due to new State requirements, the County provided County/EMS Agencies with Narcotic ID Safes (“NarcID Safe”) and Narcotic ID and Control Substance Unit Safes (“NarcID Safe/CSU”) for use with the care and treatment of individuals in need of immediate medical care. For the Board's review and consideration, attached is a Memorandum of Understanding ("MOU") outlining the details of the same and the responsibilities of each party involved. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the attached MOUs. MOTION: "I make a Motion approving the attached MOUs." 133 Page 1 of 3 EQUIPMENT MEMORANDUM OF AGREEMENT This Equipment Memorandum of Agreement (“Agreement”) is made effective as of _______________ by and between the Pittsylvania County, Virginia (“County”), a political subdivision of the Commonwealth of Virginia, whose address is 1 Center Street, P.O. Box 426, Chatham, Virginia 24531, and _________________________ (“Agency”), an independent corporation, a legally recognized fire and/or rescue volunteer agency in the County, whose address is __________________________________ (individually “Party,” collectively “Parties”). I. AGREEMENT A. The County is providing the Agency with Narcotic ID Safe (“NarcID Safe”) for use with the care and treatment of individuals in need of immediate medical care. II. TERMS A. This Agreement shall commence on __________________, and be in legal effect for the product life of the NarcID Safe. B. Unless terminated, this Agreement shall be continuous, if the Agency is actively engaged in emergency response in the County’s Public Safety System and the Agency is in good standing as determined by the County’s Fire and Rescue Committee. C. This Agreement may be cancelled, in writing, by either Party with at least sixty (60) days written notice to the other Party. D. The Agency shall be responsible to make repairs to the NarcID Safe, if it is proven by a court of competent jurisdiction that damage to the NarcID Safe was the result of willful misconduct, actual malice, or gross negligence by the Agency. E. The Agency shall be responsible to maintain the NarcID Safe and bear the cost, solely, for any repair associated with normal operation(s) of the Property. The Agency shall maintain the proper annual service on the device. F. It shall be the sole responsibility of the Agency to notify, as soon as possible, the County’s Public Safety Department of any issues arise with the device. G. In addition to any and all other rights a Party may have available according to law, if a Party defaults by failing to substantially perform any provision, term, or condition of this Agreement (including, without limitation, the failure to make a monetary payment when due), the other Party may terminate the Agreement by providing written notice to the defaulting Party. This notice shall describe with sufficient detail the nature of the default. The Party receiving such notice shall have thirty (30) days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement. 134 Page 2 of 3 H. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either Party's reasonable control ("Force Majeure"), and if the Party unable to carry out its obligations gives the other Party prompt written notice of such event, then the obligations of the Party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm, or other similar occurrence, orders, or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lockouts, or work stoppages. The excused Party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a Party if committed, omitted, or caused by such Party, or its employees, officers, agents, or affiliates. I. The legal venue for any litigation arising out of this Agreement shall be the appropriate Court in the County. J. This Agreement contains the entire agreement of the Parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the Parties. K. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. L. This Agreement may be modified or amended in writing by mutual agreement of the Parties, if the writing is signed by the Party obligated under the amendment. M. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. N. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the Agreement’s opening paragraph, or to such other address as one (1) Party may have furnished to the other in writing. O. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. P. In any action arising hereunder, or any separate action pertaining to the validity of this Agreement, each Party shall its own attorneys’ fees, litigation fees, or other legal expenses. requiring 135 Page 3 of 3 Q. The rule construction or interpretation against the drafter is waived. The Agreement shall be deemed as if it were drafted by both Parties in a mutual effort. R. This Agreement shall inure to the benefit of, and shall bind the heirs, successors, and assigns of the Parties. S. No assignment of the Agency’s rights under this Agreement shall be made without the County’s prior written consent. III. LIABILITIES A. Agency agrees to indemnify and save harmless the County, its officers, agents, employees, and volunteers from any and all losses, expenses, costs and claims, including but not limited to costs of investigation, all reasonable attorneys’ fees (whether or not litigation results), and the cost of any appeal, occurring or arising in connection with the Agency, its agents’, subcontractors’, employees’, or volunteers’ negligence or wrongful acts or omissions in connection with its performance of this Agreement. Nothing contained in this Contract shall be deemed to be a waiver of the County’s sovereign immunity. IV. SIGNATURES PITTSYVLANIA COUNTY, VIRGINIA By: _____________________________________________________ Name (Printed): ____________________________________________ Date: _____________________________________________________ VOLUNTEER AGENCY __________________________________________________________ By: _______________________________________________________ Name (Printed): _____________________________________________ Date: ______________________________________________________ 136 Page 1 of 3 EQUIPMENT MEMORANDUM OF AGREEMENT This Equipment Memorandum of Agreement (“Agreement”) is made effective as of _______________ by and between the Pittsylvania County, Virginia (“County”), a political subdivision of the Commonwealth of Virginia, whose address is 1 Center Street, P.O. Box 426, Chatham, Virginia 24531, and _________________________ (“Agency”), an independent corporation, and a legally recognized fire and/or rescue volunteer agency in the County, whose address is ____________________________ (individually “Party,” collectively “Parties”). I. AGREEMENT A. The County is providing the Agency with Narcotic ID and Control Substance Unit Safe (“NarcID Safe/CSU”) for use with the care and treatment of individuals in need of immediate medical care. II. TERMS A. This Agreement shall commence on __________________, and be in legal effect for the product life of the NarcID/CSU Safe. B. Unless terminated, this Agreement shall be continuous if the Agency is an actively engaged in emergency response in the County’s Public Safety System and the Agency is in good standing as determined by the County’s Fire and Rescue Committee. C. This Agreement may be cancelled, in writing, by either Party with at least sixty (60) days written notice to the other Party. D. The Agency shall be responsible to make repairs to the NarcID/CSU, if it is proven by a court of competent jurisdiction that damage to the NarcID/CSU was the result of willful misconduct, actual malice, or gross negligence by the Agency. E. The Agency shall be responsible to maintain the NarcID/CSU and bear the cost, solely, for any repair associated with normal operation(s) of the device/property. The Agency shall maintain the proper annual service on the device. F. It shall be the sole responsibility of the Agency to notify, as soon as possible, the County’s Public Safety Department of any issues arise with the property/device. G. In addition to any and all other rights a Party may have available according to law, if a Party defaults by failing to substantially perform any provision, term, or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other Party may terminate the Agreement by providing written notice to the defaulting Party. This notice shall describe with sufficient detail the nature of the default. The Party receiving such notice shall have thirty (30) days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement. 137 Page 2 of 3 H. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either Party's reasonable control ("Force Majeure"), and if the Party unable to carry out its obligations gives the other Party prompt written notice of such event, then the obligations of the Party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm, or other similar occurrence, orders, or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, or work stoppages. The excused Party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a Party if committed, omitted, or caused by such Party, or its employees, officers, agents, or affiliates. I. The legal venue for any litigation arising out of this Agreement shall be the appropriate Court in the County. J. This Agreement contains the entire agreement of the Parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the Parties. K. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. L. This Agreement may be modified or amended in writing by mutual agreement of the Parties, if the writing is signed by the Party obligated under the amendment. M. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. N. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the Agreement’s opening paragraph, or to such other address as one (1) Party may have furnished to the other in writing. O. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. P. In any action arising hereunder, or any separate action pertaining to the validity of this Agreement, each Party shall its own attorneys’ fees, litigation fees, or other legal expenses. requiring 138 Page 3 of 3 Q. The rule construction or interpretation against the drafter is waived. The Agreement shall be deemed as if it were drafted by both Parties in a mutual effort. R. This Agreement shall inure to the benefit of, and shall bind the heirs, successors, and assigns of the Parties. S. No assignment of the Agency’s rights under this Agreement shall be made without the County’s prior written consent. III. LIABILITIES A. Agency agrees to indemnify and save harmless the County, its officers, agents, employees, and volunteers from any and all losses, expenses, costs and claims, including but not limited to costs of investigation, all reasonable attorneys’ fees (whether or not litigation results), and the cost of any appeal, occurring or arising in connection with the Agency, its agents’, subcontractors’, employees’, or volunteers’ negligence or wrongful acts or omissions in connection with its performance of this Agreement. Nothing contained in this Contract shall be deemed to be a waiver of the County’s sovereign immunity. IV. SIGNATURES PITTSYVLANIA COUNTY, VIRGINIA By: _____________________________________________________ Name (Printed): ____________________________________________ Date: _____________________________________________________ VOLUNTEER AGENCY __________________________________________________________ By: _______________________________________________________ Name (Printed): _____________________________________________ Date: ______________________________________________________ 139 7.l. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Additional Holiday Time Approval (12/26/24; 12/31/24) Staff Contact(s): Holly Stanfield Agenda Date: October 15, 2024 Item Number: 7.l. Attachment(s): None Reviewed By: SUMMARY: Recently, the Supreme Court of Virginia and County Courts have granted eight (8) hours of additional time off on Thursday, December 26, 2024, for the Christmas Holiday, and eight (8) hours of additional time off on Tuesday, December 31, 2024, for the New Year's Holiday. County Staff recommends the County follow suit. Per the County's Personnel Plan, this additional time off needs Board approval. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the eight (8) hours of additional time off on Thursday, December 26, 2024, for the Christmas Holiday, and eight (8) hours of additional time off on Tuesday, December 31, 2024, for the New Year's Holiday, and authorize the Interim County Administrator to notify all County Departments of the same. MOTION: "I make a Motion approving the eight (8) hours of additional time off on Thursday, December 26, 2024, for the Christmas Holiday, and eight (8) hours of additional time off on Tuesday, December 31, 2024, for the New Year's Holiday, and authorizing the Interim County Administrator to notify all County Departments of the same." 140 7.m. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Certificate of Recognition Approval (Mount Hermon Baptist Church 180 Year Anniversary); (Supervisor Bowman) Staff Contact(s): Kenneth Bowman Agenda Date: October 15, 2024 Item Number: 7.m. Attachment(s): 1. Certificate of Recognition - Mount Hermon Baptist Church 180 years Reviewed By: SUMMARY: Mount Hermon Baptist Church is celebrating its 180th Anniversary. Supervisor Bowman desires the Board to express its congratulations and admiration to the Church, and wish them many more years of growth and blessings. Accordingly, for the Board's review and consideration, attached is a related Certificate of Recognition ("COR"). FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board follow Supervisor Bowman's recommendation and approve the attached COR for Mount Hermon Baptist Church as presented. MOTION: "I make a Motion approving the attached COR as presented." 141 C e r t i f i c a t e o f R e c o g n i t i o n Mount Hermon Baptist Church Kenneth L. Bowman Chatham-Blairs District The Pittsylvania County Board of Supervisors sincerely congratulates and admires Mount Hermon Baptist Church (“MHBC”) as it celebrates its 180th anniversary. Formed in 1844, the church has grown from a small rural congregation serving the immediate community to a vibrant regional church that impacts the greater Danville and Pittsylvania County area. MHBC is affiliated with the Southern Baptist Convention and the Southern Baptist Conservatives of Virginia. MHBC offers a variety of outreach programs throughout the community including, but not limited to, GriefShare, Mount Hermon Early Learning Center, AWANA, Counseling Ministry, Good News Club at Twin Springs Elementary School, and Care Portal. We thank you for your service and mission work to the citizens of the County, and we wish you many more years of growth and blessings as you celebrate your 180 year anniversary. Given this 15th day of October, 2024 Darrell W. Dalton Chairman 142 7.n. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Certificate of Recognition Approval (Crews Construction and Asphalt Paving, Inc.; 50 Years) Staff Contact(s): William Ingram Agenda Date: October 15, 2024 Item Number: 7.n. Attachment(s): 1. Certificate of Recognition - Crews Construction 50 Years Reviewed By: SUMMARY: Crews Construction and Asphalt Paving, Inc. ("Crews"), celebrated its 50th Anniversary and the Board expresses its sincere congratulations and admiration and wishes them continued growth and blessings in the future. For the Board's review and consideration, attached is a Certificate of Recognition ("COR") evincing the same. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the COR for Crews as attached. MOTION: "I make a Motion approving the COR for Crews as attached." 143 C e r t i f i c a t e o f R e c o g n i t i o n Crews Construction and Asphalt Paving, Inc. Darrell W. Dalton Chairman The Pittsylvania County Board of Supervisors expresses its sincere congratulations and admiration to Crews Construction and Asphalt Paving, Inc. on 50 years of outstanding business. Founded by Melvin Crews in March 1974, the company has continuously grown and adapted to meet the evolving needs of Southside Virginia. From humble beginnings, providing foundation excavation for local contractors and homeowners, Crews Construction has expanded its offerings to include land clearing, trenching, finish grading, and, through the acquisition of Reynolds Asphalt Paving in 2014, road paving. This natural expansion into asphalt paving solidified the company’s position as a trusted partner of the Virginia Department of Transportation and furthered its role in improving infrastructure across the region. Throughout the years, Crews Construction has not only built solid foundations for its customers but also provided long-term employment and security for its dedicated employees. Today, Lin Crews, Jeanette Burger, and Charles Burger—the next generation of leadership—continue to uphold the company’s tradition of excellence, innovation, and community service. Inspired by the vision and hard work of Melvin Crews, they are committed to carrying forward the legacy of service and integrity that has been at the heart of Crews Construction for half a century. We wish you continued growth and blessings in the future. Given this 15th day of October, 2024 William "Vic" Ingram Tunstall District 144 7.o. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Appointment: Fire and Rescue Commission (Staunton River District); (M. Jason Lovelace) Staff Contact(s): Tim Dudley Agenda Date: October 15, 2024 Item Number: 7.o. Attachment(s): 1. 10-09-2024 Michael Jason Lovelace - Fire and Rescue Commission Reviewed By: SUMMARY: Currently, there is a vacancy for the Fire and Rescue Commission's ("FRC") Staunton River District Representative. Supervisor Dudley desires to appoint M. Jason Lovelace ("Lovelace") to the FRC for a four (4)-year term beginning on October 15, 2024, and ending on October 15, 2028. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: Supervisor Dudley recommends the Board appoint Lovelace to the FRC for a four (4)-year term beginning on October 15, 2024, and ending on October 15, 2028. MOTION: "I make a Motion appointing Lovelace to the FRC for a four (4)-year term beginning on October 15, 2024, and ending on October 15, 2028." 145 Serve on a Board or Commission Submission Date: 10/08/2024 Full Name Michael Lovelace Full Address 207 Ridge Street Hurt, Virginia 24563 Election District Staunton River Phone (434) 941-5296 Email lovelace3109@comcast.net Board, Committee, or Commission of Interest Fire and Rescue Commission Education Background High School with some college along with specialty training in fire suppression, first aid, and law enforcement. Occupation Law Enforcement Why do you want to serve on this Board? This would give me the opportunity to help assist not only my community by my county in helping provide emergency services to people in need. What special skills/interests/qualifications would benefit you in this appointment? Life time member with the Hurt Volunteer Fire Department, past member of Altavista EMS for several years, and Chief of Police for Hurt Police Department Agree to complete all required filings and to adhere to the Code of Ethics/Model of Excellence Yes If appointed to serve on any Committee, Board, or Commission, I agree to the following: - Complete the required Conflict of Interest Act (COIA) Annual Filings and adhere to the Code of Ethics/Model of Excellence as included in the Pittsylvania County Board of Supervisors Bylaws -Using a County-issued email for communications should one be provided to me - Complete all training as required by the County/State Agree to all the requirements above: Yes 146 7.p. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Pittsylvania County Sports Hall of Fame Congratulatory Induction Letters Transmission Approval Staff Contact(s): Kaylyn McCluster Agenda Date: October 15, 2024 Item Number: 7.p. Attachment(s): 1. 2024 Sports Hall of Fame Letters Reviewed By: SUMMARY: The 2024 Pittsylvania County Sports Hall of Fame Induction Ceremony will be held on Sunday, October 20, 2024, at 5:30 PM, at the Chatham Community Center. There will be thirteen (13) inductees from the County. For the Board’s review and consideration for transmission, attached are related letters. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the transmission of the attached letters. MOTION: “I make a Motion approving the transmission of the attached letters." 147 BOARD OF SUPERVISORS P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-1987 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. October 15, 2024 Ms. Danielle Colbert 10717 Blue Ridge Drive Hurt, VA 24563 Dear Ms. Colbert, On behalf of Pittsylvania County, the Pittsylvania County Board of Supervisors would like to take this opportunity to congratulate you on your induction to the Pittsylvania County Sports Hall of Fame Class of 2024. We thank you for helping to prepare the youth of our County for high school sports and beyond by sacrificing countless hours of dedication, volunteerism, as well as selfless devotion of personal time and resources to maximize the quality of life for young athletes in our community who participated in the various sports programs. It is your provision of outstanding service and exemplary leadership to the young citizens of Pittsylvania County, and your dedication to the success of sports that led to your well-deserved selection to the Pittsylvania County Sports Hall of Fame. Sincerest thanks, Darrell W. Dalton, Chairman Pittsylvania County Board of Supervisors DWD/km 148 BOARD OF SUPERVISORS P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-1987 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. October 15, 2024 Mr. Brad Compton 1732 Lotus Drive Gretna, VA 24557 Dear Mr. Compton, On behalf of Pittsylvania County, the Pittsylvania County Board of Supervisors would like to take this opportunity to congratulate you on your induction to the Pittsylvania County Sports Hall of Fame Class of 2024. We thank you for helping to prepare the youth of our County for high school sports and beyond by sacrificing countless hours of dedication, volunteerism, as well as selfless devotion of personal time and resources to maximize the quality of life for young athletes in our community who participated in the various sports programs. It is your provision of outstanding service and exemplary leadership to the young citizens of Pittsylvania County, and your dedication to the success of sports that led to your well-deserved selection to the Pittsylvania County Sports Hall of Fame. Sincerest thanks, Darrell W. Dalton, Chairman Pittsylvania County Board of Supervisors DWD/km 149 BOARD OF SUPERVISORS P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-1987 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. October 15, 2024 Mr. Lewis Compton 1032 Cotton Patch Road Gretna, VA 24557 Dear Mr. Compton, On behalf of Pittsylvania County, the Pittsylvania County Board of Supervisors would like to take this opportunity to congratulate you on your induction to the Pittsylvania County Sports Hall of Fame Class of 2024. We thank you for helping to prepare the youth of our County for high school sports and beyond by sacrificing countless hours of dedication, volunteerism, as well as selfless devotion of personal time and resources to maximize the quality of life for young athletes in our community who participated in the various sports programs. It is your provision of outstanding service and exemplary leadership to the young citizens of Pittsylvania County, and your dedication to the success of sports that led to your well-deserved selection to the Pittsylvania County Sports Hall of Fame. Sincerest thanks, Darrell W. Dalton, Chairman Pittsylvania County Board of Supervisors DWD/km 150 BOARD OF SUPERVISORS P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-1987 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. October 15, 2024 Mr. Dennis Dillion 102 Deerwood Tract Court Cascade, VA 24541 Dear Mr. Dillion, On behalf of Pittsylvania County, the Pittsylvania County Board of Supervisors would like to take this opportunity to congratulate you on your induction to the Pittsylvania County Sports Hall of Fame Class of 2024. We thank you for helping to prepare the youth of our County for high school sports and beyond by sacrificing countless hours of dedication, volunteerism, as well as selfless devotion of personal time and resources to maximize the quality of life for young athletes in our community who participated in the various sports programs. It is your provision of outstanding service and exemplary leadership to the young citizens of Pittsylvania County, and your dedication to the success of sports that led to your well-deserved selection to the Pittsylvania County Sports Hall of Fame. Sincerest thanks, Darrell W. Dalton, Chairman Pittsylvania County Board of Supervisors DWD/km 151 BOARD OF SUPERVISORS P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-1987 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. October 15, 2024 Dr. Paul Grekos 115 Ripley Court Danville, VA 24540 Dear Dr. Grekos, On behalf of Pittsylvania County, the Pittsylvania County Board of Supervisors would like to take this opportunity to congratulate you on your induction to the Pittsylvania County Sports Hall of Fame Class of 2024. We thank you for helping to prepare the youth of our County for high school sports and beyond by sacrificing countless hours of dedication, volunteerism, as well as selfless devotion of personal time and resources to maximize the quality of life for young athletes in our community who participated in the various sports programs. It is your provision of outstanding service and exemplary leadership to the young citizens of Pittsylvania County, and your dedication to the success of sports that led to your well-deserved selection to the Pittsylvania County Sports Hall of Fame. Sincerest thanks, Darrell W. Dalton, Chairman Pittsylvania County Board of Supervisors DWD/km 152 BOARD OF SUPERVISORS P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-1987 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. October 15, 2024 Mr. Vic Hardy 2632 Twin Arch Drive Danville, VA 24540 Dear Mr. Hardy, On behalf of Pittsylvania County, the Pittsylvania County Board of Supervisors would like to take this opportunity to congratulate you on your induction to the Pittsylvania County Sports Hall of Fame Class of 2024. We thank you for helping to prepare the youth of our County for high school sports and beyond by sacrificing countless hours of dedication, volunteerism, as well as selfless devotion of personal time and resources to maximize the quality of life for young athletes in our community who participated in the various sports programs. It is your provision of outstanding service and exemplary leadership to the young citizens of Pittsylvania County, and your dedication to the success of sports that led to your well-deserved selection to the Pittsylvania County Sports Hall of Fame. Sincerest thanks, Darrell W. Dalton, Chairman Pittsylvania County Board of Supervisors DWD/km 153 BOARD OF SUPERVISORS P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-1987 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. October 15, 2024 Mr. Kent Harris 112 Highland Road Gretna, VA 24557 Dear Mr. Harris, On behalf of Pittsylvania County, the Pittsylvania County Board of Supervisors would like to take this opportunity to congratulate you on your induction to the Pittsylvania County Sports Hall of Fame Class of 2024. We thank you for helping to prepare the youth of our County for high school sports and beyond by sacrificing countless hours of dedication, volunteerism, as well as selfless devotion of personal time and resources to maximize the quality of life for young athletes in our community who participated in the various sports programs. It is your provision of outstanding service and exemplary leadership to the young citizens of Pittsylvania County, and your dedication to the success of sports that led to your well-deserved selection to the Pittsylvania County Sports Hall of Fame. Sincerest thanks, Darrell W. Dalton, Chairman Pittsylvania County Board of Supervisors DWD/km 154 BOARD OF SUPERVISORS P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-1987 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. October 15, 2024 Mr. Terry Harris 6401 Irish Road Chatham, VA 24531 Dear Mr. Harris, On behalf of Pittsylvania County, the Pittsylvania County Board of Supervisors would like to take this opportunity to congratulate you on your induction to the Pittsylvania County Sports Hall of Fame Class of 2024. We thank you for helping to prepare the youth of our County for high school sports and beyond by sacrificing countless hours of dedication, volunteerism, as well as selfless devotion of personal time and resources to maximize the quality of life for young athletes in our community who participated in the various sports programs. It is your provision of outstanding service and exemplary leadership to the young citizens of Pittsylvania County, and your dedication to the success of sports that led to your well-deserved selection to the Pittsylvania County Sports Hall of Fame. Sincerest thanks, Darrell W. Dalton, Chairman Pittsylvania County Board of Supervisors DWD/km 155 BOARD OF SUPERVISORS P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-1987 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. October 15, 2024 Mr. Fred Ingram 3700 Rockford School Road Gretna, VA 24557 Dear Mr. Ingram, On behalf of Pittsylvania County, the Pittsylvania County Board of Supervisors would like to take this opportunity to congratulate you on your induction to the Pittsylvania County Sports Hall of Fame Class of 2024. We thank you for helping to prepare the youth of our County for high school sports and beyond by sacrificing countless hours of dedication, volunteerism, as well as selfless devotion of personal time and resources to maximize the quality of life for young athletes in our community who participated in the various sports programs. It is your provision of outstanding service and exemplary leadership to the young citizens of Pittsylvania County, and your dedication to the success of sports that led to your well-deserved selection to the Pittsylvania County Sports Hall of Fame. Sincerest thanks, Darrell W. Dalton, Chairman Pittsylvania County Board of Supervisors DWD/km 156 BOARD OF SUPERVISORS P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-1987 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. October 15, 2024 Mr. Raleigh James, Jr. 661 Valley Road Gretna, VA 24557 Dear Mr. James, On behalf of Pittsylvania County, the Pittsylvania County Board of Supervisors would like to take this opportunity to congratulate you on your induction to the Pittsylvania County Sports Hall of Fame Class of 2024. We thank you for helping to prepare the youth of our County for high school sports and beyond by sacrificing countless hours of dedication, volunteerism, as well as selfless devotion of personal time and resources to maximize the quality of life for young athletes in our community who participated in the various sports programs. It is your provision of outstanding service and exemplary leadership to the young citizens of Pittsylvania County, and your dedication to the success of sports that led to your well-deserved selection to the Pittsylvania County Sports Hall of Fame. Sincerest thanks, Darrell W. Dalton, Chairman Pittsylvania County Board of Supervisors DWD/km 157 BOARD OF SUPERVISORS P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-1987 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. October 15, 2024 Mr. L.C. Moore 16761 Old Richmond Road Keeling, VA 24566 Dear Mr. Moore, On behalf of Pittsylvania County, the Pittsylvania County Board of Supervisors would like to take this opportunity to congratulate you on your induction to the Pittsylvania County Sports Hall of Fame Class of 2024. We thank you for helping to prepare the youth of our County for high school sports and beyond by sacrificing countless hours of dedication, volunteerism, as well as selfless devotion of personal time and resources to maximize the quality of life for young athletes in our community who participated in the various sports programs. It is your provision of outstanding service and exemplary leadership to the young citizens of Pittsylvania County, and your dedication to the success of sports that led to your well-deserved selection to the Pittsylvania County Sports Hall of Fame. Sincerest thanks, Darrell W. Dalton, Chairman Pittsylvania County Board of Supervisors DWD/km 158 BOARD OF SUPERVISORS P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-1987 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. October 15, 2024 Mr. Frank Robertson 102 Gay Street Gretna, VA 24557 Dear Mr. Robertson, On behalf of Pittsylvania County, the Pittsylvania County Board of Supervisors would like to take this opportunity to congratulate you on your induction to the Pittsylvania County Sports Hall of Fame Class of 2024. We thank you for helping to prepare the youth of our County for high school sports and beyond by sacrificing countless hours of dedication, volunteerism, as well as selfless devotion of personal time and resources to maximize the quality of life for young athletes in our community who participated in the various sports programs. It is your provision of outstanding service and exemplary leadership to the young citizens of Pittsylvania County, and your dedication to the success of sports that led to your well-deserved selection to the Pittsylvania County Sports Hall of Fame. Sincerest thanks, Darrell W. Dalton, Chairman Pittsylvania County Board of Supervisors DWD/km 159 BOARD OF SUPERVISORS P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-1987 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. October 15, 2024 Mr. Calvin Younger 1152 N. Main Street, Apt,1-D Chatham, VA 24531 Dear Mr. Younger On behalf of Pittsylvania County, the Pittsylvania County Board of Supervisors would like to take this opportunity to congratulate you on your induction to the Pittsylvania County Sports Hall of Fame Class of 2024. We thank you for helping to prepare the youth of our County for high school sports and beyond by sacrificing countless hours of dedication, volunteerism, as well as selfless devotion of personal time and resources to maximize the quality of life for young athletes in our community who participated in the various sports programs. It is your provision of outstanding service and exemplary leadership to the young citizens of Pittsylvania County, and your dedication to the success of sports that led to your well-deserved selection to the Pittsylvania County Sports Hall of Fame. Sincerest thanks, Darrell W. Dalton, Chairman Pittsylvania County Board of Supervisors DWD/km 160 7.q. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Grant Funds Appropriations (3); (AFID Grant (Aerofarms); TARE Grant (WIB); TANF Workforce Grant (WIB); and DRF Grant (After-School Program Grant-Recreation) Staff Contact(s): Kim VanDerHyde Agenda Date: October 15, 2024 Item Number: 7.q. Attachment(s): 1. AFID Grant_Letter for Aerofarms 2. TARE Budget 9.1.24-6.30.25 FY25 and Agreement 3. TANF Workforce Budget and MOU Sent to Pitts Co 4. 2024-10-02 DRF Grant LOA Signed Reviewed By: SUMMARY: The County recently received four (4) notifications of Grant awards that need to be appropriated for expenditure. The first Grant in the amount of $200,000 was awarded as an incentive for Aerofarms, a Danville-Pittyslvania County Regional Industrial Facilities Authority ("DP-RIFA") jointly announced industry. Funds received from the Governor's Agriculture and Forestry Industries Development Fund, need to be sent to DP-RIFA to be disbursed to the company. The second and third Grants totaling $165,745.73 were awarded to the Area 17 Workforce Investment Board. The TARE and the TANF Grants will both be used to provide training and work experience to individuals who are currently unemployed, providing them with better job opportunities. Lastly, the County was awarded a Grant in the amount of $25,000 for the newly developed After-School Program starting at Kentuck Elementary School in January 2025. For the Board's review and consideration, additional related information about these Gants are attached. FINANCIAL IMPACT AND FUNDING SOURCE: 161 None of these Grants require a local match. RECOMMENDATION: County Staff recommends the Board approve an appropriation of $390,745.73 as presented. MOTION: "I make a Motion appropriating a total of $390,745.73 in Grant funding as presented." 162 ECONOMIC DEVELOPMENT P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-1979 _______________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. Matthew D. Rowe, Director matthew.rowe@pittgov.org August 28, 2024 Rachel Meyer Manager, Office of Agriculture and Forestry Development Virginia Department of Agriculture and Consumer Services Dear Rachel: Pittsylvania County is requesting payout of $200,000 from the Governor’s Agriculture and Forestry Industries Development Fund per the performance agreement dated December 23, 2020, between the County of Pittsylvania County, Virginia, Just Greens, LLC doing business as Aerofarms and the Danville- Pittsylvania Regional Industrial Facility Authority. Please contact me should you any questions or require any additional information. Regards, Matthew D. Rowe Director, Economic Development Pittsylvania County 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 7.r. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Proclamation Adoption (Disability Rights and Resource Center 10-Year Celebration) Staff Contact(s): Kenneth Bowman Agenda Date: October 15, 2024 Item Number: 7.r. Attachment(s): 1. 10-15-2024 Disability Rights and Resource Center 10-Year Celebration Reviewed By: SUMMARY: The Disability Rights & Resource Center ("DRRC") was established on September 16, 2013. Formerly known as the "Independent Living Services for the Piedmont Area," DRRC is a private, non-profit, community agency with non-residential programs. DRCC serves the Counties of Franklin, Henry, Patrick, and Pittsylvania, as well as the Independent Cities of Martinsville and Danville. Support for DRRC's services is received from local and state sources, and donations from businesses and individuals in the service area. DRRC is governed by a Board of Directors with a majority of members having disabilities. DRRC is not only celebrating National Disability Employment Awareness Month this month, but next month, it will be holding its 10th Anniversary Celebration of services to the community. For the Board's review and consideration, attached is a Proclamation designating November 12, 2024, as “Disability Rights and Resource Center Awareness Day" in the County. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board approve the attached Proclamation for DRRC. MOTION: 186 "I make a Motion approving the attached Proclamation for DRRC." 187 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION DISABILITY RIGHTS AND RESOURCE CENTER 10-YEAR CELEBRATION NOVEMBER 12, 2024 WHEREAS, in 1988, Congress declared the month of October as National Disability Employment Awareness Month to recognize the contributions made by individuals with disabilities; and WHEREAS, the Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, establishing a clear and comprehensive national mandate for the elimination of discrimination to ensure the civil rights of people with disabilities and ensuring that Americans with disabilities can more easily access local government services, emergency services, voting information, and publicly funded education; and, WHEREAS, the ADA opened doors to opportunity and independence for people with disabilities and expanded opportunities for Americans with disabilities by reducing barriers, changing perceptions, and increasing opportunities for full participation and inclusion in community life; and, WHEREAS, the entire West Piedmont Planning District is committed to working in partnership with disability organizations to ensure public place, transportation and systems of care are accessible to individuals with disabilities; and WHEREAS, the importance of inclusion and diversity creates opportunity for growth and improvement and helps toward building a stronger economy for our communities; and WHEREAS, our residents with disabilities deserve the right to live independently, enjoy self- determination and be treated equally; and WHEREAS, we celebrate the 10th Anniversary of the Disability Rights and Resource Center providing advocacy, peer support, information and referral, independent living skills and transition services in our community to the many individuals living with a disability in the County of Pittsylvania. NOW, THEREFORE, BE IT RESOLVED, the Board does hereby proclaim the day of November 12, 2024, as ““Disability Rights and Resource Center Awareness Day” in the County. Given under my hand this 15th day of October, 2024. ____________________________________ Darrell W. Dalton (Chairman) Pittsylvania County Board of Supervisors ____________________________________ Kaylyn M. McCluster (Clerk) Pittsylvania County Board of Supervisors 188 7.s. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: R&L Smith Waterline Extension Project Engineering and Construction Management Services Agreement Approval Staff Contact(s): Chris Adcock Agenda Date: October 15, 2024 Item Number: 7.s. Attachment(s): 1. 2024.10.7 - Pittsylvania County Public Works R and L Smith Road Waterline Reviewed By: SUMMARY: The County's 2022 Water and Sewer Master Plan recommended waterline extension projects for areas with low pressure and the potential for future development. The R&L Smith Road Water Extension Project ("Project") includes an extension of approximately 3.5 miles of 10-inch waterline along R&L Smith Road from the existing County Public Work's Office (405 R&L Smith Road) to the intersection of Route 41 and Robertson Lane. This Project will interconnect the U.S. 29 Service Area to Mount Hermon, providing new service capability, improving low residential pressures, and providing redundancy and resiliency to the Mount Hermon Service Area. County Staff received a proposal from Dewberry Engineers to provide design and construction administration for the Project. For the Board's review and consideration, the Project's Engineering and Construction Management Services Agreement ("Agreement") is attached. FINANCIAL IMPACT AND FUNDING SOURCE: $250,000 has been included in the current (FY 2024-2025) County Budget for engineering for this Project. That allocation will cover the majority of the proposed engineering related tasks. Some of the proposed tasks will not be needed until construction begins and will most likely fall into the next County Budget year. Other costs over the Budget amount can be covered with Capital Reserves. RECOMMENDATION: 189 County Staff recommends awarding the attached Agreement to Dewberry for Project engineering design and construction management services. MOTION: "I make a Motion awarding the attached contract to Dewberry for Project design and construction management services." 190 Page 1 of 5 October 7, 2024 Mr. Chris Adcock, PE Public Works Director Pittsylvania County 405 R and L Smith Road Danville, VA 24540 Re: R and L Smith Road Waterline Extension Dear Mr. Adcock, Dewberry Engineers Inc. (Dewberry) is pleased to present herein our proposal for professional engineering services to provide design documents and construction administration services for a waterline extension along R and L Smith Road in Pittsylvania County. UNDERSTANDING OF THE PROJECT Pittsylvania County Public Works (PCPW) prepared a Water and Wastewater Master Plan which included recommended waterline extension projects for areas with low pressure and earmarked for future development. This proposed project includes an extension of approximately 3.5 miles of 10-inch waterline along R and L Smith Road from the existing PCPW office (405 R and L Smith Road) to the intersection of Route 41 and Robertson Lane. This project will interconnect the US 29 service area to Mount Hermon, providing new service capability, improving low residential pressures and providing redundancy and resiliency to the Mount Hermon Service Area. A detailed cost estimate has not been prepared, but based on similar projects, this project is anticipated to cost between $4.0 to $4.5 million to construct. It is noted that the US 29 service area is served by the 920’ hydraulic grade via an elevated tank at the PCPW office, and the Mount Hermon area is served by the 815’ hydraulic grade via a ground storage tank on Golf Club Road. The interconnection of these two (2) pressure zones will require an evaluation to determine: 1. if all customers can be served by the 920’ hydraulic grade and what high pressure mitigation measures are required; or 2. determine where to physically separate the two (2) pressure zones along Route 41. Operational control features must be evaluated to minimize the potential for deterioration of water quality and for allowing the higher-pressure zone to supply water to the lower- pressure zone as needed. The scope of services provided herein outline the work required to prepare design drawings and specifications and provide construction administration services. SCOPE OF SERVICES 1. Survey • Call in a Miss Utility ticket to mark all known utilities in the project area. • Perform feature and topographic survey along R and L Smith Road from the water tank near US 29 located at the PCPW office to the waterline tie in on Robertson Lane (±3.5 miles). Survey limits will be from top of ditch on the northwest side of R and L Smith Road to the southeastern right-of-way line. At culvert crossings, the survey will extend 25' from each end of the culvert. • Survey ditchlines, culvert pipe, top of curbs, bottom of curbs, centerline of road, existing marked utilities within the road, and utilities at cross streets 40’ up into the cross street. • Reduce all field data for preparation of base drawings. 191 Mr. Chris Adcock, PE October 7, 2024 Page 2 of 5 2. Design • Obtain available record information from Pittsylvania County (County) of existing conditions, including tank information and Virginia Department of Health (VDH) fact sheets. • Obtain standard design details and specifications from the County. • Notify VDH of the project and identify any up-front concerns to implement into the design. Hold a Preliminary Engineering Conference (PEC) with VDH. • Coordinate preliminary design with VDOT regarding work to be performed within the right-of-way. • Coordinate with power, gas, and telecommunication companies as necessary for approval of design. • Consider existing water usage, resiliency, and potential growth to confirm sizing recommendation of 10-inch in the Master Plan. • Evaluate interconnection of 920’ and 815’ pressure zones. o Determine the requirements for operating on just the 920’ hydraulic grade, and also the recommended point of separation of pressure zones. o Investigate design needs for normal and abnormal/emergency modes of operation. o Dewberry will provide a technical memorandum detailing this analysis and provide to PCPW and VDH for review and approval. • Develop a preliminary set of construction drawings and specifications for distribution to regulatory agencies. • Prepare the required permit applications and respond to up to two (2) rounds of comments. Required changes to the plans and specifications will be made to meet regulatory requirements. Expected permits are: o DEQ General Construction Permit o Pittsylvania County Land Disturbance Permit o VDOT Land Use Permit o VDH General Construction Permit o USACE/DEQ Wetland Permits are outlined in Task 4 o Norfolk Southern Utility Occupancy Permit o Includes an online portal submission through RailPros. o Dewberry will coordinate the license agreement for the County to execute with Norfolk Southern. o There will be a license fee, risk management fee, and certificate of insurance required to be provided by the County to RailPros. • Prepare 90% specifications and drawings for County review and comment. • Provide a refined cost estimate at 90% design for funding purposes. • Prepare 100% specifications and drawings for bidding. 3. Construction Administration • Prepare an advertisement to be used for advertising the project. • Provide notification to at least four (4) general contractors with the capability to perform work. • Distribute construction documents to prospective bidders and to the successful bidder for construction purposes. • Provide bid documents to at least two (2) plan rooms. • Conduct a pre-bid meeting and issue meeting minutes. • Field contractor questions and issue addenda. • Conduct bid opening. • Assist in review and award of bids. • Prepare Agreement between Contractor and Owner. • Conduct a pre-construction meeting and issue meeting minutes. • Review and approve shop drawings. • Answer Contractor RFIs. • Approve pay requests. • Execute change orders. 192 Mr. Chris Adcock, PE October 7, 2024 Page 3 of 5 • Provide up to six (6) site visits for inspection following progress meetings. Two (2) virtual progress meeting will be held for progress meetings not requiring a visit to the site. • Provide up to four (4) additional inspection site visits as needed to resolve field conflicts. • Upon receipt of red lined drawings from the Contractor, prepare a record set of documents for distribution. 4. Wetland Delineation and Permitting 4.1. Delineation and Report • Dewberry will conduct a wetland investigation to identify approximate limits of jurisdictional wetlands and Waters of the U.S. (WOTUS) within the project boundaries. • Field indicators of hydrophytic vegetation, hydric soils, and wetland hydrology will be observed and recorded to generally determine the approximate wetland boundaries. Boundaries of jurisdictional wetlands and the ordinary high watermark of stream channels will be flagged with survey tape and/or pin flags using distinctive color schemes to differentiate between streams and wetlands. The delineation flagging will be located using a Trimble Geo 7x handheld Global Positioning System (GPS) device. • U.S. Army Corps of Engineers (USACE) data forms will be completed to characterize each type of wetland community in accordance with the USACE “1987 Wetlands Delineation Manual” and the “2012 Eastern Mountains and Piedmont Region” supplement. Dewberry will utilize the North Carolina Division of Water Resources (NCDWR) Stream Identification manual to determine stream classifications within the project area. • A letter report summarizing the field investigation will be prepared and forwarded to the Virginia Department of Environmental Quality (DEQ) and the USACE Regulator of the Day (ROD). The ROD will assign the project to the appropriate USACE personnel. The report will include a summary of the methodology used to identify wetlands, wetland data sheets, map exhibits, and site photographs. • An additional site visit may be necessary to confirm the delineation. If necessary, Dewberry will coordinate an onsite meeting with a DEQ and USACE representative concurrently. Once DEQ and USACE has confirmed the delineation, we will request a letter of verification. This verification is valid for five (5) years from the date of issuance. 4.2. Wetland/Stream Permitting • Dewberry will work with the County to calculate the proposed impacts in order to determine the appropriate permitting options. Based on preliminary review of the project, Dewberry assumes that the project will qualify for a USACE Nationwide Permit-58 intitled Utility Line Activities for Water and Other Substances. • As per Regional Condition-13 of the newly revised 2021 NWP-58, applicants are required to obtain either a Virginia Water Protection (VWP) permit, an individual Section 401 Water Quality Certification or waiver from the Virginia Department of Environmental Quality (VADEQ). As part of this process, it is necessary to prepare and submit a pre-filing request to VADEQ approximately 30 days prior to submitting a Joint Permit Application (JPA). • If it is determined that the project does not qualify for a Nationwide Permit, then additional fees will be necessary to complete the regulatory permitting process. 5. Geotechnical Investigation A geotechnical investigation is recommended for locations where directional drills or jack and bore installations are proposed. The task will be performed by our sub-consultant, Froehling & Robertson, Inc. The resulting report will be included in the specifications for use by interested contractors in preparing their bids. • Visit the site to observe existing surface conditions and features and mark boring locations. • Coordinate with 811 services for utility clearance. 193 Mr. Chris Adcock, PE October 7, 2024 Page 4 of 5 • Review and summarize readily available geologic information relative to the project site. • Execute six (6) standard penetration test borings extended to depths of 15 to 20 feet depending on location: o The borings at secondary road crossings will be drilled to their planned depths or boring termination due to auger skewing/auger refusal, whichever is encountered first. o If refusal is encountered in four (4) borings on either side of the railroad crossing and Route 41, they will be extended an additional five (5) feet using rock coring techniques. • Boring logs for each exploration location will be generated and will reflect the approximate elevation of existing grades, water table if encountered, blow counts and shall identify the materials encountered and the depth of each. Boring locations may be approximated based on the attached location map and existing features on site. • Record groundwater levels through the open borehole prior to backfilling. Generate borings logs for each exploration location. Samples will be classified based on Unified Soil Classification System (USCS) visual manual classification techniques performed by a professional staff member. No laboratory testing is proposed at this time. • Provide a written geotechnical report of findings summarizing our work on the project and the subsurface conditions encountered. Copies of the test boring logs will be included. • Traffic control is excluded from the geotechnical scope of work. If required for accessing the boring locations and it cannot be provided by the County, a line item is provided below for a daily rate for traffic control. CLARIFICATIONS 1. It is assumed the waterline can be constructed within the existing VDOT right-of-way and no easements will be obtained for this project. If easement exhibits are required, a unit rate is provided below to prepare the documents including GIS property lines, location of proposed waterline, limits of temporary and permanent easements, and total area of easement required. The County will be responsible for coordinating with homeowners and obtaining recorded easements. Easement plats are excluded. 2. Fees for permits are not included. Anticipated permit fees that can be paid by the contractor include VDOT, local land disturbance and DEQ. There is no fee associated with a VDH construction permit. a. Disturbance is anticipated to be over one (1) acre and a DEQ General Construction Permit is expected. This permit fee is based on total disturbance and is anticipated to be $2,700 with disturbance under five (5) acres. 3. The Norfolk Southern Utility Occupancy Permit review fee is $2,500 and will be the responsibility of the County to pay this fee. Additionally, a license fee will be required upon approval. This amount is unknown at this time. Similar construction in other localities have had license fees ranging from $16,000-$30,000. a. Norfolk Southern will likely require flagging and monitoring by RailPros during construction. The cost for these mandated services by Norfolk Southern will be the responsibility of the County to pay. Dewberry will provide coordination services between RailPros, the Contractor and the Owner. 4. Full time resident inspection services will be provided by others. 5. Wetland delineation outside the limits of the project area, property access agreements, wetland functional analysis, Stream Attribute Forms, wetland mitigation, endangered species surveys (i.e., mussel surveys) are excluded. 194 Mr. Chris Adcock, PE October 7, 2024 Page 5 of 5 FEES Dewberry proposes to complete the above Scope of Services for the following fees: LI TASK FEE BASIS OF FEE 1 Survey $46,000 Lump Sum 2 Design $200,000 Lump Sum 3 Construction Administration $73,500 Lump Sum 4 Wetland Delineation and Permitting $13,800 Lump Sum 5 Geotechnical Investigation $17,900 Lump Sum Total Fee $351,200 Lump Sum ADDITIONAL AS NEEDED SERVICES 6 Traffic Control (as needed for Task 5) $3,750 Daily Rate 7 Easement Exhibits (if required) $1,800 Per Exhibit This proposal is subject to our Standard Terms & Conditions included in our on-call contract with Pittsylvania County Public Works. The receipt of an executed copy of this proposal will serve as our authorization to proceed. We appreciate the opportunity to present this proposal and look forward to working with the County on this project. Sincerely, R. Scott Ehrhardt, PE Leslie B. Mantiply, PE Senior Associate | Project Manager Senior Associate | Assistant Business Unit Manager R:\Proposal Letters\Engineering\2024\Pittsylvania County Public Works\R and L Smith Road Waterline\2024.10.7 - Pittsylvania County Public Works R and L Smith Road Waterline.docx The foregoing proposal of Dewberry Engineers Inc. is accepted: Print (Type) Individual, Firm, or Corporate Name Signature of Authorized Representative Date Print (Type) Name of Authorized Representative and Title 195 7.t. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: 2024 VACo Annual Business Meeting Voting Credentials Approval Staff Contact(s): Kaylyn McCluster Agenda Date: October 15, 2024 Item Number: 7.t. Attachment(s): 1. Letter from D Lynch_ 2024 VACo Voting Credentials__ 2. Voting Credentials Form__ Reviewed By: SUMMARY: The 2024 Annual Business Meeting of the Virginia Association of Counties (“VACo”) is on Tuesday, November 12, 2024. Article VI of the VACo Bylaws states that each County shall designate a representative of its Board to cast its vote(s) at the VACo Annual Business Meeting. However, if a Board Member cannot be present for this Meeting, VACo’s Bylaws allow a County to designate a non-elected County official to cast a proxy vote(s). For the County to be certified to vote at the VACo Annual Business Meeting, a completed Voting Credentials Form or a Proxy Statement, attached, must be submitted to VACo by October 25, 2024. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board designate Chairman Dalton as the County’s VACo Annual Business Meeting Voting Delegate and Supervisor Bowman as the County’s Alternate Delegate MOTION: 196 “I make a Motion designating Chairman Dalton as the County’s VACo Annual Business Meeting Voting Delegate and Supervisor Bowman as the County’s Alternate Delegate." 197 198 Darrell Dalton Chairman, Board of Supervisors Pittsylvania County Kenneth Bowman Chatham-Blairs District Representative Pittsylvania County Kaylyn McCluster Clerk to the Board Pittsylvania County 199 8.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Information Only Agenda Title: General Presentations (Board of Supervisors) Staff Contact(s): Kaylyn McCluster Agenda Date: October 15, 2024 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. 200 10.a.1. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Case R-24-016 Realty First, LLC. Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Chairman Dalton) Staff Contact(s): Emily Ragsdale Agenda Date: October 15, 2024 Item Number: 10.a.1. Attachment(s): 1. R-24-016 Realty First App 2. R-24-016 Realty First Map Reviewed By: SUMMARY: In Case R-24-016, Realty First, LLC (“Petitioner”), has petitioned to rezone 1.22 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 on State Road 750/Strawberry Road, in the Callands-Gretna Election District, and shown on the Tax Maps as GPIN # 1485-07-6496. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On September 3, 2024, the Planning Commission recommended by a 7-0 vote, with no opposition, that the Petitioner's 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-24-016 as submitted. The subject property is adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County's Comprehensive Plan. MOTION: 201 “In Case R-24-016, I make a Motion approving the rezoning of 1.22 acres from R- 1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow property lines to be adjusted.” 202 203 204 205 206 207 208 209 210 211 212 213 214 215 10.a.2. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Case R-24-017: Richard Watkins; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Ingram) Staff Contact(s): Emily Ragsdale Agenda Date: October 15, 2024 Item Number: 10.a.2. Attachment(s): 1. R-24-017 Richard Watkins App 2. R-24-017 Richard Watkins Map Reviewed By: SUMMARY: In Case R-24-017, Richard Watkins (“Petitioner”) has petitioned to rezone three (3) parcels, totaling 0.94 acres, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (to allow the property to be subdivided). The subject properties are located off of State Road 614/Sandy River Road, in the Tunstall Election District, and shown on the Tax Maps as GPIN #s 141-05-5210, 1441-05-4185, and 1441-05-4170. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On September 3, 2024, the Planning Commission recommended by a 7-0 vote, with no opposition, that the Petitioner's 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-24-017 as submitted. The subject properties are adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County's Comprehensive Plan. MOTION: 216 “In Case R-24-017, I make a Motion approving the rezoning of a total of 0.94 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow the property to be subdivided.” 217 218 219 220 221 222 223 224 225 226 10.a.3. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Case R-24-018: Ryan Haak; Rezoning from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (Supervisor Ingram) Staff Contact(s): Emily Ragsdale Agenda Date: October 15, 2024 Item Number: 10.a.3. Attachment(s): 1. R-24-018 Ryan Haak Map 2. S-24-018 Ryan Haak App Reviewed By: SUMMARY: In Case R-24-018, Ryan Haak (“Petitioner”) has petitioned to rezone 21.25 acres, from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (to allow the property to be used for agricultural purposes). The subject property is located on State Road 855/Martin Drive, in the Tunstall Election District, and shown on the Tax Maps as GPIN # 1349-06-4452. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On September 3, 2024, the Planning Commission recommended by a 7-0 vote, with no opposition, that the Petitioner's 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-24-018 as submitted. The subject property is adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County's Comprehensive Plan. MOTION: 227 “In Case R-24-018, I make a Motion approving the rezoning of a total of 21.25 acres from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District, to allow for agricultural uses on the property.” 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 10.a.4. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Rezoning Case Agenda Title: Case R-24-019: Brenda and Michael Rodgers; Rezoning from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Ingram) Staff Contact(s): Emily Ragsdale Agenda Date: October 15, 2024 Item Number: 10.a.4. Attachment(s): 1. R-24-019 Rodgers App 2. R-24-019 Rodgers Map Reviewed By: SUMMARY: In Case R-24-019, Brenda and Michael Rodgers (“Petitioners”) have petitioned to rezone 0.751 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 on State Road 621/Loblolly Drive, in the Tunstall Election District, and shown on the Tax Maps as GPIN # 1337-33-6015. Once the property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On September 3, 2024, 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-24-019 as submitted. The subject property is adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be consistent with the County's Comprehensive Plan. MOTION: 244 “In Case R-24-019, I make a Motion approving the rezoning of a total of 0.751 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, to allow property lines to be adjusted.” 245 246 247 248 249 250 251 252 253 10.b.1. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Public Hearing Agenda Title: Public Hearing: Simpson Energy Center, LLC, Solar Battery Storage Staff Contact(s): Emily Ragsdale Agenda Date: October 15, 2024 Item Number: 10.b.1. Attachment(s): 1. 10-15-2024 Public Hearing Notice - Solar Battery Siting Agreement 2. Siting Agreement with East Point for Simpson Energy 3. Summary of East Point Simpson Energy Siting Agreement 4. Simpson Energy Siting Agreement Reviewed By: SUMMARY: In 2021, the General Assembly passed legislation giving localities additional measures to further regulate the development of utility-scale solar energy facilities. This legislation requires that any solar project or an energy storage project applicant give the host locality written notice of the applicant’s intent to locate in the locality and request a meeting to discuss a related Siting Agreement. Once a Siting Agreement has been negotiated with the County, a Public Hearing must be held before it can be executed. This Public Hearing has been duly and legally advertised/noticed. For the Board’s review and consideration, attached is a solar Siting Agreement for the East Point Solar Project, to be in the Staunton River District, off of State Route 646 (Spring Road), and being Parcel ID #2552-03-5579. Said Siting Agreement has been successfully negotiated with the County. FINANCIAL IMPACT AND FUNDING SOURCE: Financial details contained in Siting Agreement. 254 RECOMMENDATION: Following the conducting of the legally required Public Hearing, County Staff recommends the Board approve the execution of the attached Siting Agreement for the East Point Solar Project. MOTION: “I make a Motion approving the execution of the attached Siting Agreement for the East Point Solar Project.” 255 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing on Tuesday, October 15, 2024, at 7:00 p.m., at the Board Meeting Room, 39 Bank Street, Chatham, Virginia 24531, to receive public comment on the potential consideration of a solar battery siting agreement for a potential solar project in Pittsylvania County, Virginia, as required by Virginia Code § 15.2- 2316.8(B). Related documentation/information is available for public viewing at the County Administration Building, 1 Center Street, Chatham, Virginia 24531, Monday through Friday from 8:00 a.m. to 5:00 p.m., and on the County’s website: www.pittsylvaniacountyva.gov. 256 Page 1 of 14 SITING AGREEMENT This SITING AGREEMENT (together with all exhibits appended hereto, this “Siting Agreement”) dated as of ________________, 2024 (the “Effective Date”) is made by and between SIMPSON ENERGY CENTER, LLC, a Virginia limited liability company (“Simpson”), and THE COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the “County”). Simpson and the County may each be referred to herein as “Party” and collectively, the “Parties.” RECITALS: WHEREAS, Simpson is proposing to develop an approximately sixty (60) megawatt (“MW”) alternating current (“ac”) Battery Energy Storage System (“BESS”) (the “Project”) on certain parcels of land located in the County and identified by the Tax Map Numbers set forth in Exhibit A hereto (collectively, the “Property”); and WHEREAS, pursuant to Code of Virginia Chapter 22, Title 15.2, Article 7.3 (the “Siting Agreement Statute”), Simpson and the County may enter into a siting agreement with respect to an energy generating facility proposed to be located in the County; and WHEREAS, pursuant to Code of Virginia § 15.2-2316.7, Simpson is required to provide the County with written notice of Simpson’s proposed intent to locate the Project in Pittsylvania County and request a meeting to discuss and negotiate a Siting Agreement (such notification, discussion and negotiation being the “Siting Agreement Process”); WHEREAS, prior to the date hereof, Simpson commenced the Siting Agreement Process with respect to the Project; WHEREAS, the Project has a proposed nameplate electrical energy generating capacity of sixty (60) MW(ac), as shown in the first application of Simpson for interconnection of the Project with the applicable utility, and thus in no event would a statutory exemption from local machinery and tools (“M&T”) taxation (as provided by Code of Virginia § 58.1 – 3508.6 and local ordinance) apply to the Project; WHEREAS, the County has not adopted an ordinance pursuant to Code of Virginia § 58.1- 2636 assessing a revenue share of up to $1400 per MW(ac) (a “Revenue Share Ordinance”), and thus in the absence of this Siting Agreement the obligation to pay one hundred percent (100%) of applicable M&T tax would apply to the Project; WHEREAS, pursuant to authority granted in the Siting Agreement Statute, the County wishes to enter into this Siting Agreement with Simpson pursuant to which the County sets forth financial obligations of Simpson in lieu of any obligation of Simpson to pay M&T tax in any amount over the life of the Project; 257 Page 2 of 14 WHEREAS, as set forth herein, the parties have negotiated the terms and conditions of a Siting Agreement, the effectiveness of which is conditioned on the County’s approval of a special use permit (“SUP”) pursuant to Section 34-141(C) of the County’s Zoning Ordinance authorizing the use of the Property for the Project; WHEREAS, pursuant to the requirement of Code of Virginia §15.2-2316.8(B), the County has held a public hearing in accordance with Code of Virginia §15.2-2204(A) for the purpose of considering this Siting Agreement; and WHEREAS, at a meeting of the Board of Supervisors of Pittsylvania County (the “Board”), a majority of a quorum of the members of the Board approved this Siting Agreement. NOW, THEREFORE, pursuant to Code of Virginia Chapter 22, Title 15.2, Article 7.2, intending to be legally bound hereby and in consideration of the mutual covenants and agreements set forth herein, the receipt and sufficiency of which are conclusively acknowledged, the Parties hereby agree as follows: 1. CAPITAL PAYMENT OBLIGATION. (a) Payment Schedule. Simpson will make the following payments (the “Capital Payments”) to the County at the milestones set forth below in the total amount of $15,000 per megawatt, with the total MW calculation to be based on the anticipated MW capacity of the Project as of the most recent stage of the interconnection process (i.e., anticipated 60 MW as of the execution of this Siting Agreement based on the initial interconnection application, but subject to adjustment accordingly up or down upon any future modifications thereof and/or updated final interconnection agreement). Notwithstanding the foregoing, Capital Payments once made shall not be retroactively adjusted and any such adjustment shall apply to future Capital Payments only. The Payment Schedule shall be: (i) Initial Capital Payment following execution of the Siting Agreement: Within ninety (90) days of the execution of the Siting Agreement, Simpson will transfer by wire to the County the initial Capital Payment in the amount of $1,000/MW. (ii) Second Capital Payment on Siting Agreement 2nd Anniversary: On the second anniversary of the Effective Date of this Siting Agreement, Simpson will transfer by wire to the County an additional Capital Payment of $1,500/MW. (iii) Third Capital Payment Upon County Approvals: Within thirty (30) days of the County’s approval of a site plan and Erosion and Sediment Control Permit for the Project, Simpson will transfer by wire to the County an additional Capital Payment of $5,000/MW. (iv) Fourth Capital Payment Upon Approval of State-Level Permits: Simpson shall notify the County within five (5) days of the earlier of approval of the State Corporation Commission of a Certificate of Public Convenience and Necessity or Department of Environmental 258 Page 3 of 14 Quality permit by rule for the Project, and within thirty (30) days of such approval, Simpson will transfer by wire to the County an additional Capital Payment of $4,500/MW. If Simpson fails to timely notify the County of such approval, Simpson shall pay the County $1,000 per day for each day the notice extends beyond five (5) days. (v) Final Capital Payment at Commercial Operation Date: Within five (5) days after the date that the Project begins commercial electrical operation (“COD”), Simpson will transfer by wire to the County the final Capital Payment in the amount of $3,000/MW. (b) Use of Payment. The Capital Payment shall be used, at the County’s sole discretion, to (a) assist the County in addressing capital needs set out in the County’s (i) capital improvement plan, (ii) current fiscal budget, (iii) fiscal fund balance or (iv) emergency responder equipment needs specific to the project and/or (b) support broadband (as defined in Code of Virginia § 56-585.1:9) funding, all as permitted by Code of Virginia § 15.2-2316.7. (c) Distinguished from Real Estate Taxes and Other Obligations. The Capital Payment is separate and distinct from all real estate taxes owed pursuant to Section 6.1.1 of Chapter 6 of the Pittsylvania County Code, and other taxes, fees, and ordinances that may be validly applicable to the Property. (d) Invalidity of Siting Agreement. If this Siting Agreement for any reason is found unenforceable or invalid by a court of law or other authority, or otherwise is terminated, with the legal effect that Simpson is obligated to pay M&T tax in any amount under Code of Virginia § 58.1 – 3508.6 and/or local ordinance, any Capital Payment that has been released or paid to the County by Simpson shall be credited against Simpson’s M&T tax obligation when due until the total amount of paid Capital Payment is exhausted. 2. ANNUAL PAYMENTS. (a) Payment Obligation and Schedule. Commencing at COD, Simpson will be obligated to make annual payments to the County as set forth in Exhibit B hereto (each an “Annual Payment” and collectively, the “Annual Payments”). The Annual Payments shall begin no later than thirty (30) days after COD and each anniversary of COD thereafter. The obligation to make the Annual Payments shall cease (as applicable, the “Termination Date”) upon: (i) Simpson’s commencement of the decommissioning of all or a material portion of the Project, (ii) the cessation of operation of the Project for a continuous period of longer than one (1) year, or (iii) the 20th calendar year of commercial electricity generation of the Project in which the final payment on Exhibit B is shown. The Parties acknowledge that Simpson’s obligation to make Annual Payments shall be conditioned upon the Project’s COD. Each Annual Payment shall be made to the County in any year in one lump sum. 259 Page 4 of 14 (b) No M&T Tax Liability. In consideration of the Annual Payments described in Section 2(a) above, the County covenants and agrees that, notwithstanding Code of Virginia § 58.1 – 3508.6 and in light of the powers granted to the County under Code of Virginia Chapter 22, Title 15.2, Article 7.3, (i) no M&T tax is assessable or chargeable with respect to the Project, (ii) it will at no time during the operation of the Project assert that such M&T tax is due and payable, and (iii) it hereby waives any such right of assessment or collection. (c) Revenue Share Ordinance Waived. Pittsylvania County hereby waives the opportunity to apply a Revenue Share Ordinance to the Project, if such an ordinance is adopted in the future, and the Parties acknowledge and agree that they shall be bound by and subject to the provisions the Annual Payments described in Section 2(a), except as may be modified in any amendment of this Siting Agreement agreed to by the Parties. (d) Public Service Company Property. The Parties acknowledge and agree that if the Project is owned by a public service corporation (including as a result of an assignment made pursuant to Section 7 of this Siting Agreement), the provisions pertaining to the taxation of real and tangible personal property of public service corporations under Code of Virginia Chapter 26 of Title 58.1 shall apply to the Property. The Parties acknowledge and agree that pursuant to Section 2(b) of this Siting Agreement, the County M&T tax assessable or chargeable to the Project for purposes of Code of Virginia § 58.1 – 2606(C) shall be zero. Each Party further agrees to file, and to cooperate with the other Party in the filing of, any reports, returns or other information that must be filed with the Virginia Corporation Commission or the Virginia Department of Taxation for the purpose of carrying out the purpose of Section 2(b) of this Siting Agreement that no M&T tax will be assessable or chargeable with respect to the Project, including in the event the Project is owned by a public service corporation whose property is assessed centrally by the Virginia Corporation Commission or Virginia Department of Taxation. 3. STATEMENT OF BENEFIT. Simpson acknowledges that this Siting Agreement is beneficial to Simpson in assisting it to proceed with the installation of the Project and provides for future revenues to the County that are fair to both Parties. The County acknowledges that the funding provided pursuant to this Siting Agreement is beneficial in that it will result in mutually acceptable, predictable, and reasonable payments to the County. 4. PERMITS AND APPROVALS. (a) SUP Application. The Parties acknowledge that Simpson is required to obtain a SUP from the County in order to construct and operate the Project on the Property. As required by Section 34-141(C) of the County’s Zoning Ordinance, Simpson has submitted, or will submit (as applicable), its SUP application to the County authorizing the construction and operation of the Project on the Property, which is or which will be attached hereto and Exhibit C (the “Application”). Nothing herein shall guarantee the County’s approval of an SUP with respect to the Project. 260 Page 5 of 14 (b) Limitation of Remedies. Notwithstanding the SUP, this Siting Agreement, or otherwise, neither an actual or asserted breach of this Siting Agreement by Simpson nor the voiding, termination or invalidation of this Siting Agreement shall be grounds for voiding, terminating or suspending the SUP, provided that this subsection 4(b) shall not apply in the case of a willful or intentional breach of this Siting Agreement by Simpson. 5. CONFORMANCE WITH COMPREHENSIVE PLAN. Upon approval of this Siting Agreement by the County and in accordance with Code of Virginia § 15.2-2316.9, the Project and all related transmission facilities shall be deemed to be “substantially in accord” with the “2010 Pittsylvania County Comprehensive Plan,” in all respects, to the extent that prior to such date of approval the County’s Planning Commission has not determined that the Project was “substantially in accord” with the Pittsylvania County’s Comprehensive Plan then in effect under Code of Virginia § 15.2-2232(A). 6. EFFECT OF SITING AGREEMENT. (a) Supremacy of Siting Agreement. In accordance with Code of Virginia § 15.2- 2316.9(B), and as acknowledged and agreed to by the Parties, the terms of this Siting Agreement shall control over any County ordinance(s) and/or regulation(s) that may be inconsistent with the terms of this Siting Agreement, including any ordinances, regulations, policies, and/or guidelines which are inconsistent with the design, construction, operation and/or maintenance of the Project as indicated in the Application as may be approved by the County, which approved Application will control. (b) Binding Effect. In accordance with Code of Virginia § 15.2-2316.8(A)(3), and acknowledged and agreed to by the parties, this Siting Agreement shall be binding upon the County and enforceable against the governing body and future governing bodies of the County in any court of competent jurisdiction. (c) Conditional Effect. This Siting Agreement is expressly conditioned upon, among other factors, the County’s approval of a SUP authorizing the use of the Property as a BESS facility subject to the conditions associated with the SUP. Should the County fail to approve a SUP on terms acceptable to Simpson, and Simpson elects not to proceed with the construction of the Project following the County’s action on the SUP prior to the date when any payment is due under this Siting Agreement, then immediately upon the County’s receipt of Simpson’s written notice that it elects not to proceed, this Siting Agreement shall be null and void and of no effect, at Simpson’s election. (d) No Obligation to Develop. The parties agree and acknowledge that Simpson has no obligation to develop the Project, and this Siting Agreement does not require that any payment be made unless and until the COD occurs (except as set forth in Section 1 regarding Capital Payments due prior to COD). It is expressly understood that development of the Project is contingent upon a number of factors and no election by Simpson, in its sole discretion, to terminate, defer, suspend, or modify plans to develop the Project shall be deemed a default by Simpson under this Siting Agreement. The charging or discharging of test energy, or any other energy, prior to COD does not trigger payment under this paragraph. 261 Page 6 of 14 (e) Covenant to Pay. Simpson covenants to the County that it will pay the County the amounts due hereunder when due in accordance with the terms of this Siting Agreement, and, in the absence of a breach or default by County of its obligations hereunder, will not seek to invalidate this Siting Agreement, or otherwise take a position adverse to the purpose or validity of this Siting Agreement. 7. ASSIGNMENT. This Siting Agreement may be assigned by Simpson without the necessity of obtaining the County’s consent, and the assignee shall have the same rights under this Siting Agreement as held by the assignor prior to the assignment, provided the assignee agrees to be bound by the terms of this Siting Agreement and a notice of assignment, in a form reasonably acceptable to the County, is, no more than thirty (30) days following such assignment, delivered to the County evidencing the assignee’s acknowledgement of the terms of this Siting Agreement and agreement to be bound hereby. If Simpson sells, transfers, leases, or assigns all or substantially all of its interests in the Project or ownership of Simpson, this Siting Agreement will automatically be assumed by and binding on the purchaser, transferee, or assignee. 8. REPRESENTATIONS. Each Party represents as follows: (a) It has the power and authority to enter into and perform this Siting Agreement; and that the execution, delivery and performance of this Siting Agreement has been duly authorized by all necessary corporate or governmental action, as applicable; (b) No suit, action, arbitration, legal, administrative, or other proceeding is pending or, to the best of its knowledge, has been threatened against it that would affect the validity or enforceability of this Siting Agreement or its ability to fulfill its commitments hereunder, or that would, if adversely determined, have a material adverse effect on its performance of this Siting Agreement; (c) The execution, delivery, and performance of this Siting Agreement by it will not result in a breach of, default under or violation of any applicable law; and (d) This Siting Agreement constitutes a legal, valid, and binding obligation enforceable against it in accordance with its terms, except as the enforceability of such terms may be limited by applicable bankruptcy, reorganization, insolvency, or similar laws affecting the enforcement of creditors’ rights generally. 9. MISCELLANEOUS. (a) Governing Law; Jurisdiction; Venue. This Siting Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to any of its principles of conflicts of laws or other laws which would result in the application of the laws of another jurisdiction. The Parties hereto (a) agree that any suit, action or other legal proceeding, as between the Parties hereto, arising out of or relating to this Siting Agreement shall be brought and tried only in the Circuit Court of Pittsylvania County, Virginia (“Court”), (b) consent to the jurisdiction of the Court in any such suit, action or proceeding, and (c) waive any objection which any of them may have to the laying of venue or any such suit, action, or proceeding in the Court and any claim that any such suit, action, or proceeding has been brought in an inconvenient 262 Page 7 of 14 forum. The Parties hereto agree that a final judgment in any such suit, action, or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. (b) Confidentiality. Once public notice has been issued regarding the Board’s scheduled consideration of this Siting Agreement at an upcoming meeting of the Board, this Siting Agreement shall be a public document, subject to production under the Freedom of Information Act (FOIA). The County understands and acknowledges Simpson, and as applicable, their associates, contractors, partners and affiliates utilize confidential and proprietary "state-of-the-art" information and data in their operations ("Confidential Information"), and that disclosure of any information, including, but not limited to, disclosures of technical, financial or other information concerning Simpson or any affiliated entity could result in substantial harm to them and could thereby have a significant detrimental impact on their employees and also upon the County. The County acknowledges that during the development of this Siting Agreement, certain Confidential Information may be shared with the County by Simpson. Simpson agrees to clearly identify any information it deems to be Confidential and not subject to mandatory disclosure under the Virginia Freedom of Information Act or other applicable law as Confidential Information at the time it provides such information to the County. The County agrees that, except as required by law and pursuant to the County's police powers, neither the County nor any employee, agent or contractor of the County will knowingly or intentionally disclose or otherwise divulge any such confidential or proprietary information to any person, firm, governmental body or agency, or any other entity unless the request for Confidential Information is made under a provision of local, state or federal law. Upon receipt of such request but before transmitting any documents or information which may contain Confidential Information, the County will contact Simpson to review the request for information and associated documents to determine if any Confidential Information is at risk of disclosure. If Confidential Information exists, Simpson may intervene on behalf of the County and defend against disclosure of the Confidential Information. The County agrees to cooperate in this defense and to the extent allowed by law, work to protect the Confidential Information of Simpson. (c) Removal of Property. The County acknowledges that the final design of the Project will occur at a later date. Based on final design, Simpson shall have the right to remove parcels from the Project without the consent of the County. Property that is not included in the Project will be considered withdrawn from this Siting Agreement without the need for further action by the Parties. The withdrawal of any parcels from this Siting Agreement shall not affect Simpson’s obligations under this Siting Agreement. (d) Notices. Any communication required or permitted by this Siting Agreement must be in writing except as expressly provided otherwise in this Siting Agreement. Any communication under this Siting Agreement shall be sufficiently given and deemed given when delivered via email, by hand, or after being deposited in the mails by first-class certified mail, postage prepaid, and addressed as follows, or via such other means of communication as is mutually agreeable to both Parties: 263 Page 8 of 14 If to : Simpson Energy Center, LLC Attn: General Counsel 310 4th Street NE, 3rd Floor Charlottsville, VA 22902 Email: legal@eastpointenergy.com If to the County: County Administrator Pittsylvania County, Virginia 1 Center Street P.O. Box 426 Chatham, VA 24531 Attn: David Smitherman, County Administrator With a copy to: J. Vaden Hunt, Esq. 1 Center Street P.O. Box 426 Chatham, VA 24531 Email: vaden.hunt@pittgov.org Any addressee may designate additional or different addresses for communications by notice given under this Section to each other. (e) Memorandum of Siting Agreement. A memorandum of this Siting Agreement (the “Memorandum”), in a form acceptable to the County, shall be recorded in the land records of the Clerk’s Office of the Circuit Court of Pittsylvania County, Virginia (the “Clerk’s Office”). Such recordation shall be at sole cost and expense and shall occur as reasonably practicable after the full execution of this Siting Agreement. If Simpson chooses not to develop the Project, the Parties, at the request of either Party, shall execute a release of the Memorandum filed in the Clerk's Office and direct its recordation. (f) Non-Business Days. If the date for making any payment or performing any act or exercising any right is not a day when financial institutions are open for business in the Commonwealth of Virginia, such payment must be made or act performed or right exercised on or before the next business day such offices are open for public business. (g) Entire Agreement: Amendments. This Siting Agreement and any schedules or exhibits constitute the entire agreement and supersedes all other prior agreements and understandings, both written and oral, between the parties hereto with respect to the subject matter hereof. No provision of this Siting Agreement can be modified, altered, or amended except in a writing executed by all parties hereto. This Siting Agreement may not be changed except in writing signed by all parties. (h) Construction. This Siting Agreement was drafted with input by the County and Simpson, and no presumption will exist against any Party. (i) Binding Effect. This Siting Agreement is binding upon, inures to the benefit of and is enforceable by the parties and their respective successors and assigns. There are no 264 Page 9 of 14 other agreements or other conditions precedent to the binding nature of the respective obligations of Simpson and the County. (j) Liability of Officers and Agents. No officer, agent, or employee of the County or Simpson or its affiliates shall be subject to any personal liability or accountability by reason of the execution of this Siting Agreement or any other documents related to the transactions contemplated hereby. Such officers, agents, or employees shall be deemed to execute such documents in their official capacities only, and not in their individual capacities. This Section shall not relieve any such officer, agent, or employee from the performance of any official duty provided by law. (k) Counterparts; Electronic Signatures. This Siting Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed to be an original, and all of which shall constitute one in the same instrument. A signed copy of this Siting Agreement delivered by facsimile, email/PDF or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Siting Agreement. Electronic signatures using a nationally recognized service, such as DocuSign, shall be permitted for execution of this Siting Agreement. (l) Force Majeure. Any delay in the performance of any of the duties or obligations of either party hereunder (the “Delayed Party”) shall not be considered a breach of this Siting Agreement and the time required for performance shall be extended for a period equal to the period of such delay, provided that such delay has been caused by or is the result of any acts of God; acts of the public enemy; insurrections; riots; embargoes; labor disputes, including strikes, lockouts, job actions, or boycotts; shortages of materials or energy; fires; explosions; floods; changes in laws governing international trade; or other unforeseeable causes beyond the control and without the fault or negligence of the Delayed Party. The Delayed Party shall give prompt notice to the other party of such cause and shall take whatever reasonable steps are necessary to relieve the effect of such cause as promptly as possible. No such event shall excuse the payment of any sums due and payable hereunder on the due date thereof except any payment due upon the occurrence of any act or event for which delayed performance is excused as provided above. (m) Severability; Invalidity. Any provision of this Siting Agreement that conflicts with applicable law or is held to be void or unenforceable shall be ineffective to the extent of such conflict, voidness, or unenforceability without invalidating the remaining provisions hereof, which remaining provisions shall be enforceable to the fullest extent permitted under applicable law. If, for any reason, including a change in applicable law, it is ever determined by any court or governmental authority of competent jurisdiction that this Siting Agreement is invalid then the parties shall, subject to any necessary County meeting vote or procedures, undertake reasonable efforts to amend and or reauthorize this Siting Agreement so as to render the invalid provisions herein lawful, valid, and enforceable. If the Parties are unable to do so, this Siting Agreement shall terminate as of the date of such determination of invalidity, and the Property and Project will thereafter be assessed and taxed as though this Siting Agreement did not exist. The Parties will cooperate with each other and use reasonable efforts to defend against and contest any challenge to this Siting Agreement by a third party. 265 Page 10 of 14 (n) Third Party Beneficiaries. This Siting Agreement is solely for the benefit of the Parties hereto and their respective successors and permitted assigns, and no other person shall have any right, benefit, priority, or interest in, under or because of the existence of, this Siting Agreement. (o) No Obligation to Develop Project. Simpson and its successors and assigns are under no obligation to continue to develop the Project after the date of this Siting Agreement. SEE ATTACHED SIGNATURE PAGES 266 Page 11 of 14 IN WITNESS WHEREOF, the County has caused this Siting Agreement to be executed in its corporate name by an authorized person as of the date first written above. COUNTY OF PITTSYLVANIA, VIRGINIA By: Name: Title: Date: REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY 267 Page 12 of 14 IN WITNESS WHEREOF, Simpson has caused this Siting Agreement to be executed in its corporate name by its duly authorized officer as of the date first above written. SIMPSON ENERGY CENTER, LLC By: By: Name: Title: Date: REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY 268 Page 13 of 14 Exhibit A Simpson Tax Map Parcels Item Parcel ID# 2552-03-5579 Approximately 196.82 acres and shown as a blue shaded polygon. 269 Page 14 of 14 EXHIBIT B - Schedule of Payments Annual payments are shown in a per MW and assumed 60MW interconnection. Actual payments may adjust up or down based on final MW interconnection (to be found in the Interconnection Agreement for the project) using a per MW multiplier. Proposed Table Project Year Calendar Year MW $/MW Total 1. 2029 60 $1,540 $92,400 2. 2030 60 $1,540 $92,400 3. 2031 60 $1,694 $101,640 4. 2032 60 $1,694 $101,640 5. 2033 60 $1,694 $101,640 6. 2034 60 $1,694 $101,640 7. 2035 60 $1,694 $101,640 8. 2036 60 $1,863 $111,804 9. 2037 60 $1,863 $111,804 10. 2038 60 $1,863 $111,804 11. 2039 60 $1,863 $111,804 12. 2040 60 $1,863 $111,804 13. 2041 60 $2,050 $122,984 14. 2042 60 $2,050 $122,984 15. 2043 60 $2,050 $122,984 16. 2044 60 $2,050 $122,984 17. 2045 60 $2,050 $122,984 18. 2046 60 $2,255 $135,283 19. 2047 60 $2,255 $135,283 20. 2048 60 $2,255 $135,283 $2,272,789 270 Capital Payment Sourbark Storage, LLC 75 MW storage $15,000/MW Tupelo Storage (RIFA Megasite) 55 MW $15,000/MW East Point/ Simpson 60 MW1 based on 8/20/2024 draft $15,000/MW 1st $30K w/in 30 days of SUP $41,250 w/in 90 days of Ground Lease $1,000/MW x 60 MW = $60,000 w/in 90 days of Siting Agreement 2nd $225,000 w/in 5 days of building permit (20%) $82,500 w/in 1 year of Ground Lease $1,500/MW x 60 MW1 = $90,000 w/in 2 years of Siting Agreement 3rd $247,500 w/in 30 days of County approving site plan and Erosion and Sediment Control Permit $5,000 x 60 MW1 = $300,000 w/in 30 days of County approving site plan and Erosion and Sediment Control Permit 4th $82,500 w/in 2 years of Ground Lease or the date of 3rd payment, whichever is earlier $4,500 x 60 MW1 = $270,000 w/in 30 days of CPCN or DEQ PBR (penalty of $1,000/day if fail to notify County w/in 5 days of CPCN or PBR) 5th $247,500 w/in 30 days of CPCN or DEQ PBR $3,000 x 60 MW1 = $180,000 w/in 5 days of COD Final $870,000 w/in 5 of COD (total- $30K x 80%) $123,501 w/in 5 days of COD Total $1,125,000 $825,000 $15,000/MW x 60 MW1 = $900,000 Annual Payment Sourbark Storage, LLC (75 Megawatts) $1,400/MW x 10% (works out to $1,685/MW) Tupelo Storage (RIFA Megasite) 55 MW (average of $1,858/MW) East Point/ Simpson 60 MW1 (average of $1,894/MW) calculations based on 60 MW, which is subject to adjustment up or down depending upon amount of capacity approved for interconnection 1. $105,000 $84,700 $92,400 2. $105,000 $84,700 $92,400 3. $115,500 $84,700 $101,640 4. $115,500 $93,170 $101,640 5. $115,500 $93,170 $101,640 6. $115,500 $93,170 $101,640 7. $115,500 $93,170 $101,640 8. $127,050 $93,170 $111,804 9. $127,050 $102,487 $111,804 10. $127,050 $102,487 $111,804 11. $127,050 $102,487 $111,804 12. $127,050 $102,487 $111,804 13. $139,755 $102,487 $122,984 14. $139,755 $112,736 $122,984 15. $139,755 $112,736 $122,984 16. $139,755 $112,736 $122,984 17. $139,755 $112,736 $122,984 18. $153,731 $112,736 $135,283 19. $153,731 $124,009 $135,283 20. $153,731 $124,009 $135,283 Total $2,528,717 $2,044,082 $2,272,7891 Combined: $3,653,717 $2,869,082 $3,172,7891 1 After the first Capital Payment, 60 MW may be adjusted up or down, depending upon the amount of capacity actually approved for interconnection to the grid 271 Simpson Energy Center 272 •Introduction to East Point Energy •What is Energy Storage? •Introduction to Simpson Energy Center •Community Outreach •Siting Agreement details •Questions Agenda 2 273 Introduction to East Point Energy •East Point Energy is an energy storage project development firm focused on the origination, construction, and operation of energy storage projects. •Our team is currently developing gigawatts of energy storage projects throughout the country, helping to transform the grid into a renewable, resilient, and affordable system for generations to come. •Developed first operational Battery Energy project in Virginia •Developed Dry Bridge Energy Center in Chesterfield County •Largest operational project in the state at 20MW/80MWh Rappahannock Electric Cooperative Project 3 274 Utility Partners 4 275 •Rechargeable batteries that store energy from the electric grid and dispatch when it’s most needed •Proven technology – used in cell phones, laptops, and EVs •“Swiss Army Knife” for the grid What is Grid-Scale Storage? 5 276 6 Benefits Electric Service Reliability Contribute to the Local Economy •Minimal Impact to Social Services •Stabilizing the Grid •Fast Response •Frequency Regulation •Lower Energy Costs •No Emissions or Pollution •Peak Demand Reduction Transmission/ Distribution System Deferral Photo Credit: Dominion Energy (Dry Bridge) 277 7 Energy Storage Safety •24/7 Monitoring •Codes •NFPA 855 National Electrical Code •24 IFC International Fire Code •Local First Responder Partnership •Proven & Tested Technologies/Designs Photo Credit: North American Clean Energy 278 •60 MegaWatts connecting to transmission lines •Equivalent to supplying electricity to 20,000 homes for 4 hours •Siting Agreement payments of $900k to the County before/at Commercial Operation. • Revenue share payments of $2,272,000 over 20 years once operational. Simpson Energy Center 8 279 Simpson Energy Center’s Rendering 9 280 Simpson Energy Center’s General Location 10 281 Project Site Plan 11 400+ ft 282 •Project introduction letters sent to neighbors February 2024 •Meetings with Emergency Responders February, September and October 2024 •2nd set of project letters to neighbors Sept 2024 •Knocked doors and met some residents along Spring Rd Sept 2024 •Community meeting with neighbors Sept 2024 and proposed for Oct 28th at Hurt Elementary School •Project website with FAQ posted for the public Sept 2024 Community Outreach 12 283 Siting Agreement Specifics 13 Timing MW $/MW Total At execution 60 $ 1,000.00 $ 60,000.00 2nd Anniversary 60 $ 1,500.00 $ 90,000.00 Site Plan Approval 60 $ 5,000.00 $ 300,000.00 State Permit 60 $ 4,500.00 $ 270,000.00 Operational 60 $ 3,000.00 $ 180,000.00 $ 15,000.00 $ 900,000.00 284 Questions 14 285 info@eastpointenergy.com eastpointenergy.com 15 286 10.b.2. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Public Hearing Agenda Title: Public Hearing: Potential Disposition of Publicly Owned Property Public Hearing (Old Climax Store) Staff Contact(s): Vaden Hunt Agenda Date: October 15, 2024 Item Number: 10.b.2. Attachment(s): 1. 10-15-2024 Public Hearing Notice - Sale of Old Callands store - with attachments Reviewed By: SUMMARY: The Board is the current owner of the Old Climax Store site located in the Callands-Gretna Magisterial District, containing 0.61 f an acre, at the intersection of Route 799 and Route 705, also designated as Tax Parcel 1499-94- 1236 (“Property). To potentially sell or negotiate a sale of publicly owned property, a Public Hearing to receive citizen input on the proposed selling of the Property is required. For the Board’s review and consideration, related documentation is attached. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the Board conduct a Public Hearing to receive citizen input on the potential sale of the Property. Following the Public Hearing, County Staff recommends the Board authorize it to advertise the Property for sale to the public. MOTION: "I make a Motion authorizing County Staff to advertise the Property for sale to the public," 287 PUBLIC HEARING NOTICE As legally required by Virginia Code § 15.2-1800(B), the Board of Supervisors of Pittsylvania County, Virginia, will hold a Public Hearing on Tuesday, October 15, 2024, at 7:00 p.m., 39 Bank Street, SE, Chatham, Virginia, 24531, to receive citizen input on the potential offering for sale of the old Climax Store site, publicly-owned property, located in the Callands-Gretna Magisterial District, containing 0.61 acre, at the intersection of Route 799 and Route 705, also designated as Tax Parcel 1499-94-1236. A full text and related documents/materials are available in the Office of the County Administrator, County Administration Building, 1 Center Street, Chatham, Virginia, 24531, on Monday through Friday, 8:00 a.m. to 5:00 p.m., and on the County’s website, www.pittsylvaniacountyva.gov. 288 289 290 291 292 293 294