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08-18-2020 Business Meeting Packet BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, August 18, 2020 – 7:00 PM Gallery Room - Chatham Community Center 115 South Main Street, 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. Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. 2020 Year End Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde) c. Cherrystone Dams #1 and #2A Dam Break Inundation Zone Analysis, Mapping, and Digitization Grant Acceptance and Emergency Plan Development/Emergency Preparedness Plan Grant Acceptance (Staff Contact: Richard N. Hicks) d. Resolution # 2020-08-01 (VDOT Road Distance Changes) Adoption (Staff Contact: Richard N. Hicks) e. Resolution # 2020-08-02 (SVMP Site Improvement Grant #2 Support) Adoption (Staff Contact: Matthew D. Rowe) f. Resolution # 2020-08-04 (Acceptance and Acknowledgment of PCSA Dissolution/Termination Intention) Adoption (Staff Contact: J. Vaden Hunt, Esq.) g. Award of Roll Off Truck Purchase Approval (Staff Contact: Connie M. Gibson) h. Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson) i. Proclamation: Pet Center Recognition (Staff Contact: Kaylyn M. McCluster) Business Meeting - August 18, 2020 j. Revised Local Emergency Declaration Approval (Staff Contact: David M. Smitherman) 8. PRESENTATIONS 9. HEARING OF THE CITIZENS Each person addressing the Board under Hearing of the Citizens shall be a resident or land owner of the County, or the registered agent of such resident or land owner. Each person shall step up, give his/her name and district in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes. No person shall be permitted to address the Board more than once during Hearing of the Citizens. All remarks shall be addressed to the Board as a body and not to any individual member thereof. Hearing of the Citizens shall last for a maximum of forty-five (45) minutes. Any individual that is signed up to speak during said section who does not get the opportunity to do so because of the aforementioned time limit, shall be given speaking priority at the next Board meeting. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 10. PUBLIC HEARINGS A. Rezoning Public Hearings Pursuant to Article V, Division 6, of the Pittsylvania County Zoning Ordinance, the Board of Supervisors have been empowered to hear and decide specific zoning issues and zoning map changes in support of said Ordinance. In accomplishing this important task, the Board is responsible for promoting the health, safety, and general public welfare of the citizens of Pittsylvania County. The Board must ensure that all of its decisions and regulations be directed to these goals and that each be consistent with the environment, the comprehensive plan, and in the best interest of Pittsylvania County, its citizens, and its posterity. Case 1: Public Hearing: Rezoning Case R-20-015; Joseph and Robin Motley; Banister Election District, A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (Supervisor Miller) B. Other Public Hearings Each person addressing the Board under a Public Hearing shall step up, give his/her name and district, and/or his/her place of residency for non-County citizens, in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes; speakers for a group shall be limited to ten (10) minutes. Speakers shall conclude their remarks at that time, unless the consent of the Board is affirmatively given to extend the speakers allotted time. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 1. Public Hearing: Hope Ministries Tax Exemptions (Staff Contact: Robin C. Goard) 2. Public Hearing: Fiber Easement Under County Railway (Staff Contact: Richard N. Hicks) Business Meeting - August 18, 2020 3. Public Hearing: County/DHCD COVID-19 Small Business Recovery Assistance Grant Program Application (Staff Contact: Matthew D. Rowe) 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. APPOINTMENTS a. Appointment: DPCS (Contact: Chariman Warren) 14. MATTERS FROM WORK SESSION (IF ANY) 15. BOARD MEMBER REPORTS 16. COUNTY ADMINISTRATOR REPORTS 17. ADJOURNMENT Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Minutes Approval (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: August 18, 2020 Item Number: 7.a Attachment(s): 07-21-2020 Finance - DRAFT 07-21-2020 Work Session - DRAFT 07-21-2020 Business Meeting - DRAFT Reviewed By: 7.a Packet Pg. 4 July 21, 2020 Finance Committee Pittsylvania County Board of Supervisors Finance Committee Meeting July 21, 2020 VIRGINIA: The Finance Committee Meeting was held on July 21, 2020, in the Gallery Room, Chatham Community Center, 115 South Main Street, Chatham, Virginia 24531. Ronald S. Scearce, Chairman, called the Meeting to Order at 2:30 PM. The following Members were present: CALL TO ORDER (2:30 PM) Attendee Name Title Status Robert ("Bob") W. Warren Chairman, Chatham Blairs District Present Ronald S. Scearce Vice-Chairman, Westover District Present Joe B. Davis Supervisor, Dan River District Present Timothy W. Dudley Supervisor, Staunton River District Present Ben L. Farmer Supervisor, Callands-Gretna District Present William "Vic" Ingram Supervisor, Tunstall District Present Charles H. Miller Supervisor, Banister District Present AGENDA ITEMS TO BE ADDED APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor, Dan River District SECONDER: William ("Vic") Ingram, Supervisor, Tunstall District AYES: Scearce, Davis, Ingram, Miller NEW BUSINESS a. FY20 Year End Report and Budget Adjustments Mrs. Van Der Hyde stated revenues are in good shape and expenditures are down due to COVID-19. There is no exact figure to finish the year, but the year will finish in the black. Mrs. Van Der Hyde went over the Budget Adjustments needed as presented in the Board Packet. Motion to approve the presented FY19-20 Budget Adjustments and recommend approval by the full Board. 7.a.a Packet Pg. 5 Attachment: 07-21-2020 Finance - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors July 21, 2020 Finance Committee RESULT: ADOPTED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor, Dan River District SECONDER: William ("Vic") Ingram, Supervisor, Tunstall District AYES: Scearce, Davis, Ingram, Miller b. FY21 Budget Adjustments and Carryover Requests Mrs. Van Der Hyde stated the FY21 Budget adopted on April 2, 2020, needs adjustment due to changes in anticipated revenue (including Grant awards) and the addition of PCSA operations to the General Fund. The Landfill Fund also requires adjustment to properly account for unanticipated revenue and cost allocation of General Fund Salaries. This year’s General Fund requests total $355,287,94 are to be utilized by the Sheriff, Volunteer Fire and Rescue Service, CSA, and Animal Control (attached). The School Division has requested $1,599,963 of FY20 operating savings to be used for COVID19-realted expenses; it also requests $2,184,727 to be used for Capital Improvements to various facilities. The total School Division carryover request is $3,784,654 Mrs. Tracey Worley, Pittsylvania County Schools, also spoke on behalf of the School's carryover request. She stated that there could be a loss of kids for the upcoming school year due to the pandemic, and less students would mean lower ADM money. After much discussion between the Committee and Dr. Jones, the Committee decided to grant the School Board’s requested amount. Motion to approve all carryovers as presented by Mrs. Van Der Hyde and the full amount requested by the School Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Charles H. Miller, Supervisor, Banister District SECONDER: Joe B. Davis, Supervisor, Dan River District AYES: Scearce, Davis, Dudley, Farmer, Ingram, Miller c. Recess Motion to recess Meeting. Motion passed unanimously by Committee. The Committee recessed at 3:31 PM. The Committee reconvened at 3:34 PM. 7.a.a Packet Pg. 6 Attachment: 07-21-2020 Finance - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors July 21, 2020 Finance Committee RESULT: APPROVED [UNANIMOUS] MOVER: William ("Vic") Ingram, Supervisor, Tunstall District SECONDER: Joe B. Davis, Supervisor, Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller d. FY21 Capital Appropriations The County Administrator placed all FY21 General Fund capital expenses “on hold” pending clarity around COVID19 financial impacts. It has been both formally and informally requested that a Gretna Rescue Squad appropriation ($90,000) be released to complete its purchase of a $268,827 ambulance. Currently, County Staff knows of no other critical or imminent capital fund use needs. The Board has previously expressed desire to utilize funding Agreements for the future distribution of capital funds for volunteer agency apparatus purchase. The purpose of the Agreement is largely to ensure that the County has pro-rata ownership of the vehicle, the right of first refusal if the apparatus is ever sold, and to pre-negotiate an end of life purchase price. The County Attorney has drafted an Agreement suitable for the Gretna request and all requests going forward. Mr. Smitherman stated that he does not see a need to unfreeze items, but the Gretna ambulance is priority and those funds should be made available so Gretna is able to complete that purchase. Motion that the Finance Committee recommend release of $90,000 in capital funds to the Gretna Rescue Squad upon execution of the presented Memorandum of Understanding. RESULT: ADOPTED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor, Dan River District SECONDER: William ("Vic") Ingram, Supervisor, Tunstall District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller e. Coronavirus Relief Fund (CRF) Application Review The County’s CRF Committee received approximately $3.8M of requests for qualified purchases from the County’s $5.3M CARES Act funds. The Committee and Executive Team have approved $1.4M of submitted projects. This evening the Committee is asked to consider recommending award of submitted applications over the County Administrator’s $100,000 expense ceiling as outlined below and in the attachment. County Staff is currently soliciting bids for three (3) requested ambulances. These would be County-owned and will replace end of life vehicles within the County fleet and an ambulance for 7.a.a Packet Pg. 7 Attachment: 07-21-2020 Finance - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors July 21, 2020 Finance Committee volunteer agency use. County Staff hopes to save money by purchasing at least one (1) remounted or slightly used vehicle. The School Division desires to purchase 3,000 Chromebooks for student take-home use. Superintendent Mark Jones will be in attendance to further present the request. DSS Director, Chris Spain, has asked to increase funds available to assist citizens with utility bills under the existing utility assistance program. These payments would be for families negatively affected by COVID19 impacts. Motion to approve the three (3) requested CRF projects as presented. RESULT: ADOPTED [UNANIMOUS] MOVER: William ("Vic") Ingram, Supervisor, Tunstall District SECONDER: Charles H. Miller, Supervisor, Banister District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller f. Fire and Rescue Commission Recommendations: Emergency Funding Requests The Fire and Rescue Commission forwarded recommendations that Brosville Fire and Rescue and Cool Branch Fire be allowed to access the recently created Volunteer Capital Reserve Emergency Fund to replace a failed ambulance engine and a failed air conditioning unit. There is presently about $46,000 available in the Emergency Fund. The use of the capital reserve emergency fund is intended to aid in emergency response repairs, not general maintenance. Motion to approve Brosville’s $4,000 emergency funding request, disapprove the $4,000 request for Cool Branch Fire, request of the Fire and Rescue Commission to complete a capital inventory and a replacement schedule for all capital items, and that the emergency fund policy be modified to specify that it is only for emergency needs that are preventing adequate emergency response. RESULT: ADOPTED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor, Dan River District SECONDER: Ronald S. Scearce, Vice-Chairman, Westover District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller g. Fire and Rescue Commission Recommendations: Annual Service Agreements Motion to approve the Annual Service Agreement with training records and fire response records included in the Annual Service Agreement. RESULT: ADOPTED [UNANIMOUS] MOVER: Charles H. Miller, Supervisor, Banister District SECONDER: Joe B. Davis, Supervisor, Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 7.a.a Packet Pg. 8 Attachment: 07-21-2020 Finance - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors July 21, 2020 Finance Committee h. Fire and Rescue Commission Recommendations: Volunteer Agency Annual Reporting Requirements As aware, the Board approved the Financial Reporting Requirements at its June 16, 2020 Meeting, which stated that the IRS-990 Form must be submitted annually. The Fire and Rescue Commission ratified the Board’s Policy at its June 23, 2020 Meeting. Motion to send each Agency a letter informing them of the financial reporting requirements. This will include the annual audits to be drawn at random and that all 2018 IRS-990 Forms must be received prior to the first payment under the FY21 Service Agreement. RESULT: ADOPTED [UNANIMOUS] MOVER: William ("Vic") Ingram, Supervisor, Tunstall District SECONDER: Joe B. Davis, Supervisor, Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller i. Sheriff Longevity-Based Salary Adjustment The Finance Committee considered including Sheriff Mike Taylor in the recently approved Salary Study as it relates to his County-service prior to becoming a Constitutional Officer. Mr. Taylor served as a Deputy for 32 years, 11 months. If approved, Sheriff Taylor’s salary would increase by 8.25% (retroactive July 1, 2020) and again by 8.25% on July 1, 2021. Motion that Sheriff Mike Taylor’s salary be adjusted on the same schedule as all Sheriff’s Department employees considering his almost 33 years of County service prior to election. RESULT: ADOPTED [UNANIMOUS] MOVER: William ("Vic") Ingram, Supervisor, Tunstall District SECONDER: Joe B. Davis, Supervisor, Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller j. 2022 Reassessment Project Budget Report Mr. Smitherman stated that the anticipated Reassessment cost is $602,151.75. This is $316,873.50 less than the last Reassessment period. Smitherman also presented to the Committee a Reassessment Comparison that is included below. 7.a.a Packet Pg. 9 Attachment: 07-21-2020 Finance - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors July 21, 2020 Finance Committee MATTERS FROM COMMITTEE MEMBERS Adjourn at 4:10 PM CLOSED SESSION The Closed Session was moved to the Work Session due to time constraints. ADJOURNMENT Mr. Scearce adjourned the Meeting at 4:10 PM. 7.a.a Packet Pg. 10 Attachment: 07-21-2020 Finance - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) July 21, 2020 Work Session Pittsylvania County Board of Supervisors Work Session July 21, 2020 VIRGINIA: The Work Session of the Pittsylvania County Board of Supervisors was held on July 21, 2020, in the Gallery Room, Chatham Community Center, 115 South Main Street, Chatham, Virginia 24531. Robert (“Bob”) W. Warren, Chairman, called the Meeting to Order at 4:30 PM. The following Members were present: CALL TO ORDER (4:30 PM) Attendee Name Title Status Arrived Robert ("Bob") W. Warren Chairman, Chatham Blairs District Present 4:16 PM Ronald S. Scearce Vice-Chairman, Westover District Present 4:17 PM Joe B. Davis Supervisor, Dan River District Present 4:18 PM Timothy W. Dudley Supervisor, Staunton River District Present 4:14 PM Ben L. Farmer Supervisor, Callands-Gretna District Present 4:15 PM William ("Vic”) Ingram Supervisor, Tunstall District Present 4:15 PM Charles H. Miller Supervisor, Banister District Present 4:19 PM AGENDA ITEMS TO BE ADDED Motion to add item 8c Motion to Closed Session, Franklin County Fire and EMS Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Legal Authority: Virginia Code 2.2-3711(A)(8) Subject Matter: Franklin County/Cool Branch Fie and EMS Service Purpose: Consultation/Advice from Legal Counsel Regarding Related Contract Negotiations RESULT: ADOPTED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor, Callands-Gretna District SECONDER: Robert ("Bob") W. Warren, Chairman, Chatham Blairs District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA Motion to approve Agenda. 7.a.b Packet Pg. 11 Attachment: 07-21-2020 Work Session - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors July 21, 2020 Work Session RESULT: ADOPTED [UNANIMOUS] MOVER: Charles H. Miller, Supervisor, Banister District SECONDER: Ronald S. Scearce, Vice-Chairman, Westover District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Motion to recess Meeting. The Board unanimously voted to recess Meeting at 4:32 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Timothy W. Dudley, Supervisor, Staunton River District SECONDER: Ben L. Farmer, Supervisor, Callands-Gretna District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller The Board reconvened the Meeting at 5:10 PM. PRESENTATIONS a. Department Head Spotlight (Commissioner of the Revenue); (Contact: Robin C. Goard) The Honorable Robin C. Goard, County Commissioner of the Revenue, briefed the Board on the operations of the Commissioner of the Revenue’s Office. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Finance Committee Recommendations (Staff Contact: David M. Smitherman); (10 minutes) Mr. Smitherman stated the following items were forwarded to the Board for consideration and approval from the earlier Finance Committee Meeting: a. FY20 Year End Report and Budget Adjustments Approval b. FY21 Budget Adjustments and Carryover Requests Approval c. FY21 Capital Appropriations Approval d. Coronavirus Relief Fund (CRF) Application Approval e. Fire and Rescue Commission Recommendations: Emergency Funding Requests f. Fire and Rescue Commission Recommendations: Annual Service Agreement Approval g. Fire and Rescue Commission Recommendations: Volunteer Agency Annual Reporting Requirements Approval h. Sheriff Longevity-Based Salary Adjustment Approval BUSINESS MEETING DISCUSSION ITEMS CLOSED SESSION Add Sheriff's Closed Session The Committee was unable to hold the Sheriff’s Closed Session due to time constraints at the 7.a.b Packet Pg. 12 Attachment: 07-21-2020 Work Session - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors July 21, 2020 Work Session Finance Committee Meeting. Motion to add the Closed Session from the Finance Committee Meeting. RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor, Callands-Gretna District SECONDER: Charles H. Miller, Supervisor, Banister District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Enter Closed Session Motion to enter Closed Session. The Board entered Closed Session at 5:56 PM. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman, Westover District SECONDER: Joe B. Davis, Supervisor, Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller a. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Project FX Purpose: Local Performance Agreement Review b. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: Board of Assessors (“BOA”) Purpose: Discussion of Potential BOA Appointees c. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Franklin County/Cool Branch Fire and EMS Service Purpose: Consultation/Advice from Legal Counsel Regarding Related Contract Negotiations 7.a.b Packet Pg. 13 Attachment: 07-21-2020 Work Session - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors July 21, 2020 Work Session d. Discussion of plans to protect public safety as it relates to terrorist activity or specific cybersecurity threats or vulnerabilities and briefings by staff members, legal counsel, or law- enforcement or emergency service officials concerning actions taken to respond to such matters or a related threat to public safety; discussion of information subject to the exclusion in subdivision (2) or (14) of § 2.2-3705.2, where discussion in an open meeting would jeopardize the safety of any person or the security of any facility, building, structure, information technology system, or software program; or discussion of reports or plans related to the security of any governmental facility, building or structure, or the safety of persons using such facility, building or structure. (1) Legal Authority: Virginia Code § 2.2-3711(A)(19) Subject Matter: County Building Purpose: Discussion of County Building Upfit/Build-Out for Law Enforcement Purposes RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION a. Closed Session Certification The Board returned to Open Session at 6:56 PM and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors (the “Board”) on July 21, 2020, the Board hereby certifies by a recorded vote that to the best of each Board Member’s knowledge only public business matters lawfully exempted from the Open Meeting requirements of the Virginia Freedom of Information Act (the “Act”) and identified in the Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed Meeting. If any Board Member believes that there was a departure from the requirements of the Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board's Minutes. Vote Joe B. Davis Yes Timothy W. Dudley Yes Ben L. Farmer Yes William (“Vic”) Ingram Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert (“Bob”) W. Warren Yes ADJOURNMENT 7.a.b Packet Pg. 14 Attachment: 07-21-2020 Work Session - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors July 21, 2020 Work Session Mr. Warren adjourned the Meeting at 6:58 PM. 7.a.b Packet Pg. 15 Attachment: 07-21-2020 Work Session - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) July 21, 2020 Business Meeting Pittsylvania County Board of Supervisors Business Meeting July 21, 2020 VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was held on July 21, 2020 in the Gallery Room, Chatham Community Center, 115 South Main Street, Chatham, Virginia 24531. Robert (“Bob”) W. Warren, Chairman, called the Meeting to Order at 7:00 PM. The following Members were present: CALL TO ORDER (7:00 PM) Attendee Name Title Status Arrived Robert ("Bob") W. Warren Chairman, Chatham Blairs District Present 6:35 PM Ronald S. Scearce Vice-Chairman, Westover District Present 6:36 PM Joe B. Davis Supervisor, Dan River District Present 6:36 PM Timothy W. Dudley Supervisor, Staunton River District Present 6:34 PM Ben L. Farmer Supervisor, Callands-Gretna District Present 6:36 PM William ("Vic") Ingram Supervisor, Tunstall District Present 6:35 PM Charles H. Miller Supervisor, Banister District Present 6:37 PM AGENDA ITEMS TO BE ADDED Motion to add the following items to the Agenda: Under Matters from Work Session: a. FY20 Year End Report and Budget Adjustments b. FY21 Budget Adjustments and Carryover Requests c. FY21 Capital Appropriations d. Coronavirus Relief Fund (CRF) Application Review e. Fire and Rescue Commission Recommendations: Emergency Funding Requests f. Fire and Rescue Commission Recommendations: Annual Service Agreements g. Fire and Rescue Commission Recommendations: Volunteer Agency Annual Reporting Requirements h. Sheriff Longevity-Based Salary Adjustment Under New Business: Resolution #2020-07-05 7.a.c Packet Pg. 16 Attachment: 07-21-2020 Business Meeting - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors July 21, 2020 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman, Westover District SECONDER: Joe B. Davis, Supervisor, Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman, Westover District SECONDER: Joe B. Davis, Supervisor, Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller CONSENT AGENDA Motion to approve Consent Agenda. Mr. Farmer stated item k, Telework Policy, shows employees how much we care. Employees will have a tough time with scheduling and children going back to school. This shows the progressiveness of the County. RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman, Westover District SECONDER: Timothy W. Dudley, Supervisor, Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller a. Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. Resolution # 2020-07-01 Support for Southside Economic Development Tobacco Commission Loan Application for AEP Megasite Transmission Line Relocation Adoption (Staff Contact: Matthew D. Rowe) c. Resolution # 2020-07-02 (Smart Scale Applications Support) Approval (Staff Contact: Emily S. Ragsdale) d. 2020 Year End Budget Amendments Approval (Staff Contact: Kimberly G. Van Der Hyde) e. Budget Appropriation Resolution Revisions Approval (Staff Contact: Kimberly G. Van Der Hyde f. County/IDA Audit Cost Sharing MOU Approval (Staff Contact: Kimberly G. Van Der Hyde) g. Janitorial Services for Libraries Award (Staff Contact: Connie M. Gibson) 7.a.c Packet Pg. 17 Attachment: 07-21-2020 Business Meeting - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors July 21, 2020 Business Meeting h. Mt. Hermon Fire and Rescue Public Safety Staff Housing Agreement Approval (Staff Contact: Christopher C. Slemp) i. Revised Local Work Plan During Local Emergency Proclamation Adoption (Staff Contact: Holly E. Stanfield) j. Pet Center Positions Merger Change Approval (Staff Contact: Holly E. Stanfield) k. Telework Policy Adoption (Staff Contact: Holly E. Stanfield) ITEMS REMOVED FROM CONSENT AGENDA PRESENTATIONS HEARING OF THE CITIZENS Mr. Kell Stone, Banister District, stated his concern regarding the Confederate flags flying in the County and the statute that stands between the Sheriff's Department and the Courthouse. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Rezoning Case R-20-014; Shockoe Solar, LLC; Banister Election District; R-1, Residential Suburban Subdivision District, and RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (Contact: Supervisor: Miller) Mr. Warren opened the Public Hearing at 7:09 PM. Representative from Shockhoe Solar, LLC was present to represent the Petition. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:11 PM. Motion to rezone a total of nine (9) parcels of land, totaling 74.40 acres, from R-1, Residential Suburban Subdivision District, and RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (for a utility scale solar energy facility, which will also require a Special Use Permit). RESULT: APPROVED [UNANIMOUS] MOVER: Charles H. Miller, Supervisor - Banister District SECONDER: Timothy W. Dudley, Supervisor - Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Other Public Hearings 1. Public Hearing: FY 2020 County Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde) Virginia Code § 15.2-2507 states that “Any locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the currently adopted 7.a.c Packet Pg. 18 Attachment: 07-21-2020 Business Meeting - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors July 21, 2020 Business Meeting budget as prescribed by section 15.2-2504. However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by publishing a notice of a meeting and a public hearing once in a newspaper having general circulation in that locality at least seven days prior to the meeting date.” An advertisement of this Budget Amendment appeared in the Chatham Star Tribune on July 8, 2020, which satisfies the seven (7)-day requirement. The Budget Amendments being requested total $10,369,236.93, which includes $3,784,653.76 of School carryovers, a net total of $847,644.00 for an additional School Appropriation due to expected CARES funding, a total of $416,652 in additional revenue to the General Fund, a total of $2,925,500 for the PCSA Budget, a total of $756,971.31 of Grant Funds, a total of $1,282,527.92 for additional revenue expected in the Landfill Fund, and $355,287.94 of County carryovers and other Budget Amendments. Mr. Warren opened the Public Hearing at 7:13 PM. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:15 PM. Motion to approve the appropriation of the Budget Amendments totaling $10,369,236.93 to the FY 2021 County Budget as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman, Westover District SECONDER: Ben L. Farmer, Supervisor, Callands-Gretna District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 2. Public Hearing: County/DHCD COVID-19 Small Business Recovery Assistance Grant Program Application (Staff Contact: Matthew D. Rowe) County Staff requested approval of a Grant request of $330,000 to Virginia Department of Housing and Community Development (“DHCD”) to provide Grants with a maximum of $15,000 for Small Businesses showing PPE needs and related supplies or rental assistance to rapidly and safely reopen or remain open due to the COVID-19 Pandemic. Grants can be up to $10,000 in rental assistance and $5,000 for retooling. Two (2) Public Hearings and a Resolution are required by DHCD to gather community input prior to submitting the Grant Application. Mr. Warren opened the Public Hearing at 7:18 PM. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:18 PM. Motion to authorize County Staff to advertise for and conduct second Public Hearing for the County/DHCD CDBG COVID-19 Small Business Recovery Assistance Grant application at its August Business Meeting. 7.a.c Packet Pg. 19 Attachment: 07-21-2020 Business Meeting - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors July 21, 2020 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor, Dan River District SECONDER: Ben L. Farmer, Supervisor, Callands-Gretna District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller UNFINISHED BUSINESS NEW BUSINESS A. RESOLUTION # 2020-07-05 Mr. Scearce presented Resolution # 2020-07-05 stating the County is sticking by being a sanctuary county and not imposing any new regulations in relations to gun rights within the County. Motion to approve Resolution # 2020-07-05 as presented. 7.a.c Packet Pg. 20 Attachment: 07-21-2020 Business Meeting - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors July 21, 2020 Business Meeting 7.a.c Packet Pg. 21 Attachment: 07-21-2020 Business Meeting - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors July 21, 2020 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman, Westover District SECONDER: Joe B. Davis, Supervisor, Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPOINTMENTS a. Appointment: Planning Commission (Callands-Gretna District); (Contact: Supervisor Farmer) Motion to re-appoint Mrs. Mease to the County’s Planning Commission for another four (4) year term, beginning August 1, 2020. RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor, Callands-Gretna District SECONDER: Timothy W. Dudley, Supervisor, Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller MATTERS FROM WORK SESSION (IF ANY) a. FY20 Year End Budget Amendments This item was handled earlier in the Consent Agenda. b. FY21 Budget Adjustments and Carryover Requests This item was handled during the 2020 County Budget Amendments Public Hearing. c. FY21 Capital Appropriations Motion to approve the FY21 Capital Appropriations as presented in the Finance Committee Meeting. RESULT: APPROVED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor, Dan River District SECONDER: William "Vic" Ingram, Supervisor, Tunstall District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller d. Coronavirus Relief Fund Applications Approval Motion to approve the Coronavirus Relief Fund applications as presented in the Finance Committee Meeting. 7.a.c Packet Pg. 22 Attachment: 07-21-2020 Business Meeting - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors July 21, 2020 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman, Westover District SECONDER: William ("Vic") Ingram, Supervisor, Tunstall District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller e. Fire and Rescue, Emergency Funding Requests The Finance Committee voted to approve Brosville’s $4,000 emergency funding request, disapprove the $4,000 request for Cool Branch Fire, request of the Fire and Rescue Commission to complete a capital inventory and a replacement schedule for all capital items, and that the emergency fund policy be modified to specify that it is only for emergency needs that are preventing adequate emergency response. Motion to ratify the decision of the Finance Committee. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman, Westover District SECONDER: William ("Vic") Ingram, Supervisor, Tunstall District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller f. Fire and Rescue, Annual Service Agreement Motion to approve the Annual Service Agreements as presented in the Finance Committee Meeting. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman, Westover District SECONDER: William ("Vic") Ingram, Supervisor, Tunstall District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller g. Fire and Rescue, Volunteer Agency Annual Reporting Requirements Motion to approve the Volunteer Agency Annual Reporting Requirements as presented in the Finance Committee Meeting. 7.a.c Packet Pg. 23 Attachment: 07-21-2020 Business Meeting - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors July 21, 2020 Business Meeting RESULT: APPROVED [6 TO 1] MOVER: Ronald S. Scearce, Vice-Chairman, Westover District SECONDER: Timothy W. Dudley, Supervisor, Staunton River District AYES: Warren, Scearce, Davis, Dudley, Ingram, Miller NAYS: Farmer h. Sheriff Longevity-Based Salary Adjustment Motion to approve the Sheriff’s Longevity-Based Salary Adjustment as presented in the Finance Committee. RESULT: APPROVED [UNANIMOUS] MOVER: William ("Vic") Ingram, Supervisor, Tunstall District SECONDER: Ronald S. Scearce, Vice-Chairman, Westover District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller BOARD MEMBER REPORTS Dr. Miller presented to the Board his desire for the Board to endorse his statue Project. Mr. Scearce encouraged citizens to research the COVID-19 Pandemic. Mr. Farmer thanked County Staff for allowing him to participate remotely in the June Board Meeting. He recognized Mr. Kell Stone for leading the peaceful protest in Gretna and recognized the School System for its hard work and measures to keep everyone safe. Mr. Dudley stated since March 24, 2020, the Town of Hurt, and Mr. Dudley have been feeding children in the Town of Hurt. Mr. Ingram recognized the school system for the remarkable job they do and recognized the 2020 graduates. Mr. Ingram also thanked Dr. Miller for his presentation and thanked Mrs. McCluster. Mr. Warren thanked County Staff for their hard work getting things together for the several meetings that were held today. He also thanked the Board Members for being in attendance since 2:30 PM. He stated his great deal of respect to all members of the Board. He also recognized the School System for its hard work during these uncertain times, as well as the Sheriff's Department. COUNTY ADMINISTRATOR REPORTS Mr. Smitherman spoke on the COVID-19 Pandemic and the availability to make things still accessible for the public. The County is working with the School System to develop a childcare option for employees. He stated there are many challenges that parents are facing with school and daycare, and these options are being made possible due to CARES Act funding. He also stated that the Board approved a teleworking policy this evening. There will be major improvements made in our local government within the next year. He also stated his appreciation of the volume of work that has taken place today. ADJOURNMENT Mr. Warren adjourned the Meeting at 7:54 PM. 7.a.c Packet Pg. 24 Attachment: 07-21-2020 Business Meeting - DRAFT (2117 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: 2020 Year End Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: August 18, 2020 Item Number: 7.b Attachment(s): FY 2020 Budget Adjustments Reviewed By: SUMMARY: Each year, Departmental/Fund Budgets are reviewed to determine if sufficient Budget amounts exist to cover expenses until year-end. Most of these items are bookkeeping entries required by the County’s Auditors. The attached list shows the amount needed/requested and the reason for the need/request. Said list also contains suggested appropriations for year-end, as well as the categorical changes requested by the School Board. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the attached FY 2020 Budget Transfers as presented. These transfers have no monetary effect on the Budget, since monies are simply being moved from one (1) line item to the next to cover shortages. The appropriations have met the required County Layover Policy. MOTION: “I make a Motion to approve the attached FY 2020 Budget Transfers as presented.” 7.b Packet Pg. 25 7.b.aPacket Pg. 26Attachment: FY 2020 Budget Adjustments (2127 : 2020 Year End Budget Amendments (Staff Contact: 7.b.aPacket Pg. 27Attachment: FY 2020 Budget Adjustments (2127 : 2020 Year End Budget Amendments (Staff Contact: 7.b.aPacket Pg. 28Attachment: FY 2020 Budget Adjustments (2127 : 2020 Year End Budget Amendments (Staff Contact: 7.b.aPacket Pg. 29Attachment: FY 2020 Budget Adjustments (2127 : 2020 Year End Budget Amendments (Staff Contact: 7.b.a Packet Pg. 30 Attachment: FY 2020 Budget Adjustments (2127 : 2020 Year End Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde)) 7.b.aPacket Pg. 31Attachment: FY 2020 Budget Adjustments (2127 : 2020 Year End Budget Amendments (Staff Contact: 7.b.a Packet Pg. 32 Attachment: FY 2020 Budget Adjustments (2127 : 2020 Year End Budget Amendments (Staff Contact: Kimberly G. Van Der Hyde)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Cherrystone Dams #1 and #2A Dam Break Inundation Zone Analysis, Mapping, and Digitization Grant Acceptance and Emergency Plan Development/Emergency Preparedness Plan Grant Acceptance (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: August 18, 2020 Item Number: 7.c Attachment(s): DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT DSFP-11-20 DCR AWARD LTR - CHATHAM - CHERRYSTONE CREEK DAM #1 DSFP-10-20 DCR AWARD LTR - CHATHAM - CHERRYSTONE CREEK DAM #1 DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT DSFP-13-20 DCR AWARD LTR - CHATHAM - CHERRYSTONE CREEK DAM #2A DSFP-12-20 DCR AWARD LTR - CHATHAM - CHERRYSTONE CREEK DAM #2A Reviewed By: SUMMARY: The County Staff has secured State Grant Funding for several planning Grants involved with the Cherrystone and Roaring Fork Dam Rehabilitation Projects. All these studies are required to be completed prior to any related construction. If the County receives Federal funding for design, the costs of these studies will likely be covered utilizing these funds. To date, the County has not been offered any Federal funds to move forward to the next phase. In prior years, the State made funding available for construction. This past year, the State chose to financially help with the Planning Grants only. County Staff decided to seek these funds, since they were available, and construction funds may be available in future funding rounds. These Grants do require a match, but the County will have two (2) years upon the execution of the documents to determine if the County wants to use the funds. 7.c Packet Pg. 33 On the Cherrystone Dam # 2A, the County was awarded $12,500 for a Dam Break Inundation Zone Analysis with Mapping and Digitization. The County was also awarded $4,000 for Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan). The County’s total match on both plans would be $16,500. On the Cherrystone Dam # 1, the County was awarded a $5,000 Grant for Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan). The County was also awarded $15,000 for a Dam Break Inundation Zone Analysis with Mapping and Digitization. The County’s total match on both plans would be $17,500 For your review and consideration, a copy of all of the above-referenced Grant documents are attached. FINANCIAL IMPACT AND FUNDING SOURCE: The total match for all Projects would be $34,000. These costs need to be distributed among the County, the Town of Chatham, and the Pittsylvania County Soil and Water District. RECOMMENDATION: County Staff recommends the Board authorize the County Administrator to execute all of the necessary Grant documents received from the Virginia Soil and Water Conservation Board for funds related to Dam Safety and Flood Prevention and Protection Assistance for the Cherrystone Dam # 2A and Dam # 1.” MOTION: “I make a Motion to authorize the County Administrator to execute all of the necessary Grant documents received from the Virginia Soil and Water Conservation Board for funds related to Dam Safety and Flood Prevention and Protection Assistance for the Cherrystone Dam # 2A and Dam # 1.” 7.c Packet Pg. 34 GRANT AGREEMENT Between VIRGINIA RESOURCES AUTHORITY, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund And PITTSYLVANIA COUNTY, VIRGINIA TOWN OF CHATHAM, VIRGINIA PITTSYLVANIA SWCD Department of Conservation and Recreation DSFP-11-20 7.c.a Packet Pg. 35 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone TABLE OF CONTENTS ARTICLE I DEFINITIONS Page 1 ARTICLE II SCOPE OF SERVICES Page 2 ARTICLE III TIME OF PERFORMANCE Page 2 ARTICLE IV GRANT FUNDS Page 3 Section 4.1. Amount of Grant Page 3 Section 4.2. Application of Grant Funds Page 3 Section 4.3. Agreement to Accomplish Project Page 3 ARTICLE V GENERAL PROVISIONS Section 5.1. Indemnification Page 3 Section 5.2. Disclaimer Page 4 Section 5.3. Termination Page 4 Section 5.4. Integration and Modification Page 4 Section 5.5. Collateral Agreements Page 4 Section 5.6. Non-Discrimination Page 4 Section 5.7. Applicable Laws Page 5 Section 5.8. Severability Page 5 Section 5.9. Contingent Fee Warranty Page 5 Section 5.10. Conflict of Interest Page 5 Section 5.11. Records Availability Page 5 Section 5.12. Ownership of Documents Page 5 Section 5.13. Notices Page 5 ARTICLE VI COUNTERPARTS Page 6 EXHIBITS Exhibit A. Grant Authorization Exhibit B. Project Description Exhibit C. Project Budget Exhibit D. Form of Requisition Exhibit E. Department Reimbursement Request Form 7.c.a Packet Pg. 36 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone -1- GRANT AGREEMENT THIS GRANT AGREEMENT is made as of this first day of July, 2020 between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political subdivision of the Commonwealth of Virginia (the “Authority”), as administrator of the DAM SAFETY, FLOOD PREVENTION AND PROTECTION ASSISTANCE FUND, and PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM VIRGINIA AND PITTSYLVANIA SWCD, a Local Government (the “Grantee”). Pursuant to Article 1.2, Chapter 6, Title 10.1 of the Code of Virginia of 1950, as amended (the “Act”), the General Assembly created a fund known as the “Dam Safety, Flood Prevention and Protection Assistance Fund” (the “Fund”). In conjunction with the Department of Conservation and Recreation (the “Department”), the Authority administers and manages the Fund. Following consultation with the Authority, the Department from time to time directs loans and grants from the Fund and authorizes the Authority to disburse monies to local governments and private entities in Virginia to fund the costs of flood prevention or protection projects all within the meaning of the Act. The Grantee has requested a grant from the Fund and such grant has been approved by the Department, as evidenced by Exhibit A to this Agreement. The Grantee will use the grant monies from the Fund to finance that portion of the Project Costs not being paid from other sources as set forth in the Project Budget. ARTICLE I DEFINITIONS The capitalized terms contained in this Agreement shall have the meanings set forth below unless the context requires otherwise and any capitalized terms not otherwise defined herein shall have the meaning assigned to such terms in the Act: “Act” means Article 1.2, Chapter 6, Title 10.1 of the Code of Virginia of 1950, as amended. “Agreement” means this Grant Agreement between the Authority, as Administrator of the Fund, and the Grantee, together with any amendments or supplements hereto. “Authority” means the Virginia Resources Authority, a public body corporate and a political subdivision of the Commonwealth of Virginia. “Authorized Representative” means any member, official or employee of the Grantee authorized by resolution, ordinance or other official act of the governing body of the Grantee to perform the act or sign the document in question. 7.c.a Packet Pg. 37 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone -2- “Consulting Engineer” means the project engineer, meeting all applicable standards of the Virginia Impounding Structures Regulations, 4 VAC 50-20 et seq., as amended, designated by the Grantee to oversee the work with respect to the Project. “Department” means the Department of Conservation and Recreation. “Fund” means the Dam Safety, Flood Prevention and Protection Assistance Fund. “Grantee” means PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM, VIRGINIA AND PITTSYLVANIA SWCD, a Local Government. “Project” means the particular project described in Exhibit B to this Agreement to be undertaken and completed by the Grantee with, among other monies, the grant funds, with such changes thereto as may be approved in writing by the Authority and the Department. “Project Budget” means the budget for the Project, a copy of which is attached to this Agreement as Exhibit C, with such changes therein as may be approved in writing by the Authority and the Department. “Project Costs” means the costs described in the Project Budget and such other costs permitted by the Act as may be approved in writing by the Department, provided such costs are included in the definition of “cost” set forth in Section 10.1-603.16 of the Act. “Project Description” means the description of the Project to be undertaken using the grant funds made available by this Agreement, a copy of which is attached to this Agreement as Exhibit B, with such changes therein as may be approved in writing by the Authority and the Department. ARTICLE II SCOPE OF SERVICES The Grantee shall provide the services and work as set forth in the Project Description (Exhibit B) of this Agreement. All work shall be performed according to sound construction, engineering and architectural principles and commonly accepted safety standards and shall be in compliance with the requirements of the Virginia Impounding Structure Regulations (4VAC50-20). ARTICLE III TIME OF PERFORMANCE The Grantee's work on the Project shall be completed, and evidence of completion presented and a request for disbursement of grant funds made to the Department, within twelve months of the execution of this Agreement. Unless an extension is granted pursuant to Section 4.3 below, this Agreement shall terminate without notice and the Authority shall have no obligation to disburse funds hereunder, if 7.c.a Packet Pg. 38 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone -3- Grantee fails to complete the Project within the applicable timeframe and provide satisfactory evidence of same to the Authority and the Department. ARTICLE IV GRANT FUNDS Section 4.1. Amount of Grant. The Grantee shall be reimbursed grant funds for the payment of Project Costs, in an amount not to exceed 50% of the demonstrated total cost of the Project or $3,000.00, whichever is lesser, for the purposes set forth in the Project Description. Disbursement of grant funds will be in accordance with payment provisions set forth in Section 4.2. Section 4.2. Application of Grant Funds. The Grantee agrees to apply the grant funds solely and exclusively to the reimbursement of the Grantee for payment of Project Costs. The Authority, at the direction of the Department, shall disburse grant funds from the Fund to the Grantee upon receipt by the Authority and the Department of the following: (a) A requisition in the form set forth in Exhibit D and reimbursement request in the form set forth in Exhibit E, approved by the Department (upon which the Authority shall rely), signed by the Authorized Representative and containing all receipts, vouchers, statements, invoices or other evidence of the actual payment of Project Costs, along with a certification by the Consulting Engineer in the form set forth in Exhibit D to this Agreement, and all other information required by, and otherwise being in the form of, Exhibit D to this Agreement; (b) An Emergency Action Plan or Emergency Preparedness Plan developed by the Grantee’s Consulting Engineer and approved by the Department as meeting all standards of the Virginia Impounding Structure Regulations (4 VAC50-20). Upon receipt of each such requisition and accompanying Emergency Action Plan or Emergency Preparedness Plan, the Authority shall disburse the grant funds hereunder to the Grantee in accordance with such requisition to the extent approved by the Department. The Department shall have no obligation to approve any requisition, and the Authority shall have no obligation to disburse any such grant funds, if the Grantee is not in compliance with any of the terms of this Agreement. Section 4.3. Agreement to Accomplish Project. The Grantee agrees to cause the Project to be completed as described in Exhibit B and in accordance with plans and specifications prepared by the Grantee’s Consulting Engineer and approved by the appropriate regulatory agencies. The Grantee shall complete the Project by the date set forth in Article III unless approval for a later completion date is given by the Virginia Soil and Water Conservation Board and the Department. ARTICLE V GENERAL PROVISIONS Section 5.1. Indemnification. To the extent permitted by law, the Grantee shall indemnify and hold harmless the Authority, the Department, the Fund, and when applicable, its employees and 7.c.a Packet Pg. 39 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone -4- designated representatives, from any and all claims, suits, actions, liabilities and costs of any kind, caused by or arising out of the performance by the Grantee of its obligations under this Agreement. Nothing contained herein shall be deemed an express or implied waiver of the sovereign immunity of the Commonwealth. Section 5.2. Disclaimer. Nothing in this Agreement shall be construed as authority for either party to make commitments that will bind the other party beyond the covenants contained herein. Section 5.3. Termination. (a) The Authority may amend, modify or terminate this Agreement for any reason upon thirty (30) days written notice to the Grantee. The Grantee shall not be paid for any services rendered or expenses incurred for which funding is not authorized by any action affecting the authority of the grant from the Fund. (b) If any written or oral representation, warranty or other statement furnished or made by or on behalf of the Grantee to the Department or the Authority in connection with this Agreement or the Grantee's application for a grant from the Fund is false or misleading in any material respect, the Authority shall have the right immediately to terminate this Agreement. (c) In the event of a breach by the Grantee of this Agreement, including the Department receiving notice that the Project is not proceeding in accordance with the Project Description, the Authority shall have the right to cease any further disbursements to the Grantee until such breach is cured. In addition, the Authority may give written notice to the Grantee specifying the manner in which this Agreement has been breached and providing the Grantee thirty (30) days within which to cure the breach. If such a notice of breach is given and the Grantee has not substantially corrected the breach within 30 days of receipt of such written notice, the Authority shall have the right forthwith to terminate this Agreement. (d) In the event of a termination of this Agreement in accordance with paragraphs (b) or (c) of this Section 5.3, the Authority, at the direction of the Department, may require the Grantee to repay all grant proceeds disbursed hereunder. Section 5.4. Integration and Modification. This Agreement constitutes the entire Agreement between the Grantee and the Authority with respect to the grant. No alteration, amendment or modification in the provisions of this Agreement shall be effective unless reduced to writing, signed by both the parties and attached hereto. Section 5.5. Collateral Agreements. Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements that are made a part of this Agreement by reference or otherwise, the provisions of this Agreement shall control. Section 5.6. Non-Discrimination. In the performance of this Agreement, the Grantee warrants that it will not discriminate against any employee, or other person, on account of race, color, sex, religious creed, ancestry, age, national origin, other non job related factors or any basis prohibited by law. To the extent required by law and upon request of the Department and the Authority, the Grantee 7.c.a Packet Pg. 40 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone -5- agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Grantee shall, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that such Grantee is an equal opportunity employer; however, notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this Agreement. The Grantee shall include the provisions of the foregoing paragraphs of this section in every contract, subcontract or purchase order of over ten thousand dollars, so that such provisions will be binding upon each contractor, subcontractor or vendor. Section 5.7. Applicable Laws. This Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 5.8. Severability. Each paragraph and provision of this Agreement is severable from the entire Agreement; and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect, at the option of the Authority. Section 5.9. Contingent Fee Warranty. The Grantee warrants that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon the award or making of this Agreement. For breach of the' foregoing warranty, the Authority shall have the right to terminate this Agreement without liability, or, in its discretion, to deduct from the agreed fee, payment or consideration, or otherwise recover the full amount of said prohibited fee, commission, percentage, brokerage fee, gift, or contingent fee. Section 5.10. Conflict of Interest. The Grantee warrants that it has fully complied with the Virginia Conflict of Interest Act. Section 5.11. Records Availability. The Grantee agrees to maintain complete and accurate books and records of the Project Costs, and further, to retain all books, records, and other documents relative to this Agreement for five (5) years after final disbursement of grant proceeds, or until audited by the Commonwealth of Virginia, whichever is later. The Authority, the Department, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period. Additionally, the Authority, the Department, and/or its representatives shall have the right of access to worksites for the purpose of ensuring that the provisions of this Agreement are properly carried out and enforced. Section 5.12. Ownership of Documents. Upon the request of the Authority or the Department, the Grantee shall provide copies of any reports, studies, photographs, negatives, or other documents prepared by the Grantee in the performance of its obligations under this Agreement. Section 5.13. Notices. Unless otherwise provided for herein, all notices, approvals, consents, correspondence and other communications under this Agreement shall be in writing and shall be deemed delivered to the following: 7.c.a Packet Pg. 41 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone -6- Fund: Virginia Resources Authority, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund 1111 East Main Street, Suite 1920 Richmond, Virginia 23219 Attention: Executive Director Authority: Virginia Resources Authority 1111 East Main Street, Suite 1920 Richmond, Virginia 23219 Attention: Executive Director Department: Virginia Department of Conservation and Recreation 600 East Main Street, 24th Floor Richmond, Virginia 23219 Attention: Division Director, Dam Safety & Floodplain Management Grantee: PITTSYLVANIA COUNTY, VIRGINIA TOWN OF CHATHAM, VIRGINIA PITTSYLVANIA SWCD 1 Center Street P.O. Box 426 Chatham, VA 24531 Attention: Mr. Richard Hicks, Deputy County Administrator A duplicate copy of each notice, approval, consent, correspondence or other communications shall be given to each of the other parties named. ARTICLE VI COUNTERPARTS This Agreement may be executed in any number of Counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. 7.c.a Packet Pg. 42 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone -7- WITNESS the following signatures, all duly authorized. VIRGINIA RESOURCES AUTHORITY, AS ADMINISTRATOR OF THE DAM SAFETY, FLOOD PREVENTION AND PROTECTION ASSISTANCE FUND By: Stephanie L. Hamlett Executive Director PITTSYLVANIA COUNTY, VIRGINIA By: Name: Title: TOWN OF CHATHAM, VIRGINIA By: Name: Title: PITTSYLVANIA SWCD By: Name: Title: DSFP-11-20 7.c.a Packet Pg. 43 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Exhibit A GRANT AUTHORIZATION Copy of the Virginia Soil and Water Conservation Board’s grant approval motion is attached. 7.c.a Packet Pg. 44 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Virginia Soil and Water Conservation Board June 3, 2020 Approval of 2020 Dam Safety, Flood Prevention and Protection Assistance Fund Grant Projects § 10.1-603.18. Administration of the Fund. The Authority shall administer and manage the Fund, and establish the interest rates and the repayment terms of such loans as provided in this article, in accordance with a memorandum of agreement with the Director. The Director shall, after consultation with all interested parties, develop a guidance document governing project eligibility and project priority criteria, and the Director, upon approval from the Virginia Soil and Water Conservation Board, shall direct the distribution of loans and grants from the Fund to local governments and private entities. In order to carry out the administration and management of the Fund, the Authority may employ officers, employees, agents, advisers and consultants, including without limitation, attorneys, financial advisors, engineers, and other technical advisors and public accountants, and determine their duties and compensation without the approval of any other agency or instrumentality. The Authority may disburse from the Fund reasonable costs and expenses incurred in the administration and management of the Fund and may establish and collect a reasonable fee for its management services. However, any such fee shall not exceed one-eighth of one percent of any bond par, loan or grant amount. Recommended Motion: The Virginia Soil and Water Conservation Board approves the eighty-six (86) grant applications, with an approval amount of $308,168.00, as recommended by the Department. Approval of these grants is conditioned on the following: 1. All grants are made on a reimbursement basis and will be governed by a Grant Agreement developed in consultation with the Virginia Resources Authority. All applicants will be given a period of 90 days to enter into a Grant Agreement following the Agreement being sent. The Department of Conservation and Recreation (Department) is authorized to further extend this date in its discretion and following consultation with VRA. 2. All grant agreements will require that projects be completed within 12 months of the date of execution of the Agreement. Upon receipt of a written request for a project extension with a specified completion date by the Grantee to the Department with a copy to VRA, the Department is authorized to consider such request and may amend the terms of the Agreement and allow a specified extension upon the Department’s and the Authority’s written approval. Extension requests must be received by the Department not later than 90 days prior to the expiration of the original agreement or grant funds are subject to rescission at the Departments discretion. No extensions shall exceed an additional year without specific Board approval. 7.c.a Packet Pg. 45 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone 3. In the event that any of the above applicants fail to execute a Grant Agreement with VRA within 90 days of such an Agreement being sent to the applicant, the Department, in consultation with VRA, is authorized to rescind those grant funds and allocate in subsequent grant rounds. The Department is authorized to communicate this approval to the Virginia Resources Authority (VRA) so that VRA’s review of applications may proceed. The Department is also authorized to take any action necessary to proceed with the closing and administration of grants subsequent to VRA’s approval of the application. Motion made by: Gray Coyner Motion seconded by: Adam Wilson Action: Motion carried unanimously ___________________________________ ___________________________________________ Charles A. Arnanson, Chair Clyde E. Cristman, Director 7.c.a Packet Pg. 46 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Inventory # Dam Name County/City/Town Project Type Grant Award Approved 109003 Louisa Dam Louisa County Professional Engineer Inspection 2,000.00 109003 Louisa Dam Louisa County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 009011 Buffalo River Dam #3 Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,250.00 009011 Buffalo River Dam #3 Amherst County Professional Engineer Inspection 3,000.00 143019 Elkhorn Dam Pittsylvania County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 107014 Gore Dam Loudoun County Professional Engineer Inspection 1,500.00 143019 Elkhorn Dam Pittsylvania County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,330.00 143002 Cherrystone Creek Dam # 1 Pittsylvania County Dam Break Inundation Zone Analysis, Mapping, and Digitization 15,000.00 143002 Cherrystone Creek Dam # 1 Pittsylvania County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 143003 Cherrystone Creek Dam # 2A Pittsylvania County Dam Break Inundation Zone Analysis, Mapping, and Digitization 12,500.00 143003 Cherrystone Creek Dam # 2A Pittsylvania County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 109039 Willow Ridge Dam Louisa County Dam Break Inundation Zone Analysis, Mapping, and Digitization 4,250.00 109039 Willow Ridge Dam Louisa County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)750.00 041029 Woodland Pond Chesterfield County Professional Engineer Inspection 1,790.00 153026 New Bristow Village Regional SWM Facility Dam Prince William County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 153026 New Bristow Village Regional SWM Facility Dam Prince William County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,650.00 075027 Reservoir # 2 Goochland County Probable Maximum Precipitation Impact Analysis and Certification 3,750.00 075027 Reservoir # 2 Goochland County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 075027 Reservoir # 2 Goochland County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 075027 Reservoir # 2 Goochland County Professional Engineer Inspection 2,000.00 125002 Lake Monocan Dam Nelson County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 107036 Hope Parkway Dam Loudoun County Professional Engineer Inspection 2,000.00 009008 Graham Creek Res. Dam #1 Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,250.00 085016 Lake Ivanhoe Dam Hanover County Dam Break Inundation Zone Analysis, Mapping, and Digitization 5,550.00 009018 Winton Country Club Dam Amherst County Professional Engineer Inspection 3,000.00 009024 Buffalo River Dam #4A Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,250.00 009024 Buffalo River Dam #4A Amherst County Professional Engineer Inspection 3,000.00 003173 Mink Creek Dam Albemarle County Professional Engineer Inspection 3,000.00 800009 Izaak Walton Dam City of Suffolk Dam Break Inundation Zone Analysis, Mapping, and Digitization 1,524.50 800009 Izaak Walton Dam City of Suffolk Probable Maximum Precipitation Impact Analysis and Certification 245.00 800009 Izaak Walton Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)245.00 800009 Izaak Walton Dam City of Suffolk Professional Engineer Inspection 485.50 810005 Lake Smith Dam City of Virginia Beach Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,588.00 810006 Little Creek Reservoir Dam City of Virginia Beach Dam Break Inundation Zone Analysis, Mapping, and Digitization 13,944.00 710002 Lake Whitehurst Dam City of Norfolk Dam Break Inundation Zone Analysis, Mapping, and Digitization 13,944.00 800003 Lake Burnt Mills Dam City of Suffolk Dam Break Inundation Zone Analysis, Mapping, and Digitization 13,944.00 009031 Greif Aeration Pond Dam Amherst County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,125.00 009031 Greif Aeration Pond Dam Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,500.00 009028 Greif Holding Pond Dam Amherst County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,125.00 009028 Greif Holding Pond Dam Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,500.00 009029 Greif Sludge Pond #2 Dam Amherst County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 009029 Greif Sludge Pond #2 Dam Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,500.00 009030 Greif Sludge Pond #3 Dam Amherst County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 009030 Greif Sludge Pond #3 Dam Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,500.00 041042 Lake Patrick Henry Dam Chesterfield County Dam Break Inundation Zone Analysis, Mapping, and Digitization 5,800.00 EXHIBIT A DEPARTMENT OF CONSERVATION AND RECREATION DAM SAFETY, FLOOD PREVENTION AND PROTECTION ASSISTANCE FUND 2020 COMPETITIVE GRANT AWARDS 1 7.c.a Packet Pg. 47 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Dams #1 and #2A Inventory # Dam Name County/City/Town Project Type Grant Award Approved 145088 Butterwood Dam Powhatan County Professional Engineer Inspection 550.00 075003 Dover Lake Dam Goochland County Probable Maximum Precipitation Impact Analysis and Certification 2,500.00 153031 Potomac Club Regional Pond Dam Prince William County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,070.00 800001 Lake Cohoon Dam City of Suffolk Professional Engineer Inspection 777.50 800001 Lake Cohoon Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,515.00 800002 Lake Kilby Dam City of Suffolk Professional Engineer Inspection 705.00 800002 Lake Kilby Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,515.00 800013 Lake Meade Dam City of Suffolk Professional Engineer Inspection 777.50 800013 Lake Meade Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,515.00 800010 Speight's Run Dam City of Suffolk Professional Engineer Inspection 705.00 800010 Speight's Run Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,515.00 800023 Lake Kilby Water Treatment Plant Sludge Lagoon Dam City of Suffolk Professional Engineer Inspection 705.00 075025 Lake Dillon Dam Goochland County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 019005 Bedford Lake Dam Bedford County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,500.00 019005 Bedford Lake Dam Bedford County Professional Engineer Inspection 800.00 019005 Bedford Lake Dam Bedford County Probable Maximum Precipitation Impact Analysis and Certification 1,000.00 CID510007 N/A; Floodplain Project Town of Scottsville Developing flood warning and response systems 10,515.00 003071 Old Trail Dam #2 Albemarle County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 107039 Brambleton Land Bay 3 Pond 6 Dam Loudoun County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 079013 Twin Lakes Dam #3 Greene County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,250.00 079012 Twin Lakes Dam #1 Greene County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,250.00 079011 Twin Lakes Dam #2 Greene County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,250.00 145008 Shawnee Dam #1 Powhatan County Professional Engineer Inspection 950.00 003004 Montfair West Dam Albemarle County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,000.00 003004 Montfair West Dam Albemarle County Dam Break Inundation Zone Analysis, Mapping, and Digitization 4,000.00 145088 Butterwood Dam Powhatan County Dam Break Inundation Zone Analysis, Mapping, and Digitization 5,650.00 145088 Butterwood Dam Powhatan County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)625.00 113018 DT Wade Dam Madison County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,000.00 113018 DT Wade Dam Madison County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 111003 Modest Creek Dam Lunenburg County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 111003 Modest Creek Dam Lunenburg County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,646.00 111003 Modest Creek Dam Lunenburg County Professional Engineer Inspection 2,000.00 111004 Lunenburg Beach Dam Lunenburg County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 111004 Lunenburg Beach Dam Lunenburg County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,646.00 111004 Lunenburg Beach Dam Lunenburg County Professional Engineer Inspection 2,000.00 111005 Nottoway Falls Dam Lunenburg County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 111005 Nottoway Falls Dam Lunenburg County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,646.00 111005 Nottoway Falls Dam Lunenburg County Professional Engineer Inspection 2,000.00 145016 Lake Shawnee Dam #3 Powhatan County Professional Engineer Inspection 950.00 145018 Lake Shawnee Dam #2 Powhatan County Professional Engineer Inspection 950.00 107036 Hope Parkway Dam Loudoun County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)900.00 $308,168.00 2 7.c.a Packet Pg. 48 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Dams #1 and #2A Exhibit B PROJECT DESCRIPTION The Project shall consist of the development of an Emergency Action Plan or Emergency Preparedness Plan for Cherrystone Creek Dam # 1, to be approved by the Department as meeting all standards of the Virginia Soil and Water Conservation Board’s Virginia Impounding Structure Regulations (4VAC50- 20). 7.c.a Packet Pg. 49 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Exhibit C PROJECT BUDGET ACTIVITY ESTIMATED TOTAL COST ESTIMATED FUNDING FROM GRANT ESTIMATED FUNDING FROM OTHER SOURCES Emergency Action Plan or Emergency Preparedness Plan $10,000.00 $3,000.00 $7,000.00 (to be paid in full by Grantee) 7.c.a Packet Pg. 50 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Exhibit D FORM OF REQUISITION [Date] Division Director, Dam Safety & Floodplain Management Department of Conservation and Recreation 600 E. Main Street, 24th Floor Richmond, Virginia 23219 Re: Dam Safety, Flood Prevention and Protection Assistance Fund PITTSYLVANIA COUNTY, VIRGINIA TOWN OF CHATHAM, VIRGINIA PITTSYLVANIA SWCD - DSFP-11-20 Dam Name: Cherrystone Creek Dam # 1 Inventory Number: 143002 Dear Division Director: This requisition, Number ___, is submitted in connection with the Grant Agreement dated as of July 1, 2020 (the “Grant Agreement”) between the Virginia Resources Authority, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund (the “Fund”), and PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM, VIRGINIA AND PITTSYLVANIA SWCD, a Local Government (the “Grantee”). Unless otherwise defined in this requisition, all capitalized terms used herein shall have the meaning set forth in Article I of the Grant Agreement. The undersigned Authorized Representative of the Grantee hereby requests disbursement of grant proceeds under the Grant Agreement in the amount of $___________, for the purposes of reimbursement of the Project Costs associated with the completion of an Emergency Action Plan or Emergency Preparedness Plan, which is submitted herewith. Additionally, enclosed is the reimbursement request form set forth in Exhibit E of this Agreement, invoices relating to the items for which payment is requested and a certification by the Consulting Engineer as to the performance of the work and receipt of payment. The undersigned certifies that (a) the amounts requested by this requisition will be applied solely and exclusively to the reimbursement of the Grantee for the payment, of Project Costs, and (b) any materials, supplies or equipment covered by this requisition are not subject to any lien or security interest or such lien or security interest will be released upon payment of the requisition. Sincerely, ___________________________________________ (Authorized Representative of the Grantee) 7.c.a Packet Pg. 51 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone CERTIFICATE OF THE CONSULTING ENGINEER FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT DSFP-11-20 This Certificate is being executed and delivered in connection with Requisition dated ___________, 20__, submitted by PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM, VIRGINIA AND PITTSYLVANIA SWCD (the “Grantee”), pursuant to the Grant Agreement dated as of July 1, 2020 (the “Grant Agreement”) between the Virginia Resources Authority, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund, and the Grantee. Capitalized terms used herein shall have the same meanings set forth in Article I of the Grant Agreement referred to in the Requisition. The undersigned Consulting Engineer for the Grantee hereby certifies to the Virginia Resources Authority, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund, that insofar as the amounts covered by this Requisition include payments for labor, such work was actually performed and payment for such work has been received in full. Project deliverable__________________________________________________________________________ Total amount billed for this Project deliverable____________________________________________________ ____________________________________ __________________________________ Dam Name (if applicable) Signature Consulting Engineer ____________________________________ __________________________________ Inventory No. (if applicable) Date ---------------------------------------------------------------------------------------------------------------------------------------------------- Internal Use Only (to be completed by the DCR Dam Safety Regional Engineer upon receipt of signed Form of Requisition, signed Certificate of Consulting Engineer, and any additional documents required to provide certification): The undersigned DCR Dam Safety Regional Engineer certifies that the Project, as described in Exhibit B of the Grant Agreement, has been completed, meets the requirements of the Dam Safety regulations, and is eligible for disbursement. __________________________________________ Signature DCR DS Regional Engineer __________________________________________ Date ----------------------------------------------------------------------------------------------------------------------------------------------------- Total Project Costs submitted by Grantee for reimbursement: $____________. Grant Amount authorized by the Grant Agreement: $3,000.00 or 50% of the Total Project Costs, whichever is lesser The undersigned DCR authorized representative recommends the disbursal of $_______________ be made to PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM, VIRGINIA AND PITTSYLVANIA SWCD. _________________________________________________ Signature DCR Authorized Representative _________________________________________________ Printed Name and Title _________________________________________________ Date 7.c.a Packet Pg. 52 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Reimbursement Request Form Page 1 Exhibit E Reimbursement Request Form [Date] Virginia Department of Conservation and Recreation Dam Safety, Flood Prevention and Protection Assistance Fund Grant Program All projects are required to commence and to be completed after the beginning of the application period and not later than 12-months of an executed agreement or by an approved extension date, if applicable. Grant funds will be disbursed on a reimbursement basis after the completion of the approved project. Reimbursement requests must be submitted within 90 days following passage of the authorized project completion date and only after the recipient has received written project approval from the Regional Dam Safety Engineer or DCR Floodplain Management staff. Requests for reimbursement, along with all supporting documentation, should be emailed to dam@dcr.virginia.gov. If email is not available, please mail to: Virginia Department of Conservation and Recreation Attention: Dam Safety, Flood Prevention and Protection Assistance Fund Division of Dam Safety and Floodplain Management 600 East Main Street, 24th Floor Richmond, Virginia 23219 Grant Recipient: ________________________________________________________________ Contact Name: _________________________________________________________________ Mailing Address (1): _____________________________________________________________ Mailing Address (2): _____________________________________________________________ City: ____________________________ State: _________________ Zip: ___________________ Is this a new address? □ Yes □ No Has the Contact Name changed? □ Yes □ No Telephone Number: (____) ________________ Cell Phone Number: (____) _________________ Email Address: _________________________________________________________________ Title of Project: _________________________________________________________________ Type of Project (Check one): □ Dam Safety □ Flood Prevention and Protection 7.c.a Packet Pg. 53 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Reimbursement Request Form Page 2 Grant Number: ________________________ NFIP CID (If Applicable): ___________________ Dam Name (If Applicable): ____________ Dam Inventory Number (If Applicable): ___________ Approved Grant End Date: ____________________ Total Cost of Project: __________________ Total Amount Awarded: _____________ Amount Requested for Reimbursement: ____________ Required Attachments for Reimbursement All Projects Types  Is the signed Form of Requisition from the grant agreement attached? □ Yes □ No  Are proof of payment (cancelled checks, bank statements, accounting system reports etc.) and related invoices attached? □ Yes □ No Dam Safety Projects  Is the Certificate of the Consulting Engineer Form attached? □ Yes □ No □ N/A  Has the attached Certificate of the Consulting Engineer Form been reviewed and approved by the appropriate DCR Dam Safety Regional Engineer? □ Yes □ No □ N/A  If not currently under a Regular or Conditional Operation and Maintenance Certificate, is the Operation and Maintenance Certificate application (Form DCR199-099) and appropriate fee (Form DCR199-192) enclosed? □ Yes □ No □ N/A  If the project was awarded for DBIZ Analysis, Mapping, and Digitization, or for EAP Development, the map has been filed with the local planning department and the EAP with the local emergency management coordinator and the Virginia Department of Emergency Management □ Yes □ No □ N/A Flood Prevention and Protection Projects  Is the Floodplain Certification attached? □ Yes □ No □ N/A  Has the attached Floodplain Certification been reviewed and approved by DCR Floodplain Management staff? □ Yes □ No □ N/A Authorized Signature: ____________________________________ Date: __________________ Printed Name: ________________________________ Title: _____________________________ 7.c.a Packet Pg. 54 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Reimbursement Request Form Page 3 DCR Use Only: Approval Amount to be Reimbursed: __________________________ Authorized Signature: ____________________________________ Date: __________________ Printed Name: ________________________________ Title: _____________________________ DCR Use Only: Denial Authorized Signature: ____________________________________ Date: __________________ Printed Name: ________________________________ Title: _____________________________ Reason for Denial: ______________________________________________________________ 7.c.a Packet Pg. 55 Attachment: DSFP-11-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone GRANT AGREEMENT Between VIRGINIA RESOURCES AUTHORITY, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund And PITTSYLVANIA COUNTY, VIRGINIA TOWN OF CHATHAM, VIRGINIA PITTSYLVANIA SWCD Department of Conservation and Recreation DSFP-10-20 7.c.b Packet Pg. 56 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone TABLE OF CONTENTS ARTICLE I DEFINITIONS Page 1 ARTICLE II SCOPE OF SERVICES Page 2 ARTICLE III TIME OF PERFORMANCE Page 2 ARTICLE IV GRANT FUNDS Page 3 Section 4.1. Amount of Grant Page 3 Section 4.2. Application of Grant Funds Page 3 Section 4.3. Agreement to Accomplish Project Page 3 ARTICLE V GENERAL PROVISIONS Section 5.1. Indemnification Page 3 Section 5.2. Disclaimer Page 4 Section 5.3. Termination Page 4 Section 5.4. Integration and Modification Page 4 Section 5.5. Collateral Agreements Page 4 Section 5.6. Non-Discrimination Page 4 Section 5.7. Applicable Laws Page 5 Section 5.8. Severability Page 5 Section 5.9. Contingent Fee Warranty Page 5 Section 5.10. Conflict of Interest Page 5 Section 5.11. Records Availability Page 5 Section 5.12. Ownership of Documents Page 5 Section 5.13. Notices Page 5 ARTICLE VI COUNTERPARTS Page 6 EXHIBITS Exhibit A. Grant Authorization Exhibit B. Project Description Exhibit C. Project Budget Exhibit D. Form of Requisition Exhibit E. Department Reimbursement Request Form 7.c.b Packet Pg. 57 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone -1- GRANT AGREEMENT THIS GRANT AGREEMENT is made as of this first day of July, 2020 between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political subdivision of the Commonwealth of Virginia (the “Authority”), as administrator of the DAM SAFETY, FLOOD PREVENTION AND PROTECTION ASSISTANCE FUND, and PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM VIRGINIA AND PITTSYLVANIA SWCD, a Local Government (the “Grantee”). Pursuant to Article 1.2, Chapter 6, Title 10.1 of the Code of Virginia of 1950, as amended (the “Act”), the General Assembly created a fund known as the “Dam Safety, Flood Prevention and Protection Assistance Fund” (the “Fund”). In conjunction with the Department of Conservation and Recreation (the “Department”), the Authority administers and manages the Fund. Following consultation with the Authority, the Department from time to time directs loans and grants from the Fund and authorizes the Authority to disburse monies to local governments and private entities in Virginia to fund the costs of flood prevention or protection projects all within the meaning of the Act. The Grantee has requested a grant from the Fund and such grant has been approved by the Department, as evidenced by Exhibit A to this Agreement. The Grantee will use the grant monies from the Fund to finance that portion of the Project Costs not being paid from other sources as set forth in the Project Budget. ARTICLE I DEFINITIONS The capitalized terms contained in this Agreement shall have the meanings set forth below unless the context requires otherwise and any capitalized terms not otherwise defined herein shall have the meaning assigned to such terms in the Act: “Act” means Article 1.2, Chapter 6, Title 10.1 of the Code of Virginia of 1950, as amended. “Agreement” means this Grant Agreement between the Authority, as Administrator of the Fund, and the Grantee, together with any amendments or supplements hereto. “Authority” means the Virginia Resources Authority, a public body corporate and a political subdivision of the Commonwealth of Virginia. “Authorized Representative” means any member, official or employee of the Grantee authorized by resolution, ordinance or other official act of the governing body of the Grantee to perform the act or sign the document in question. 7.c.b Packet Pg. 58 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone -2- “Consulting Engineer” means the project engineer, meeting all applicable standards of the Virginia Impounding Structures Regulations, 4 VAC 50-20 et seq., as amended, designated by the Grantee to oversee the work with respect to the Project. “Department” means the Department of Conservation and Recreation. “Fund” means the Dam Safety, Flood Prevention and Protection Assistance Fund. “Grantee” means PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM, VIRGINIA AND PITTSYLVANIA SWCD, a Local Government. “Project” means the particular project described in Exhibit B to this Agreement to be undertaken and completed by the Grantee with, among other monies, the grant funds, with such changes thereto as may be approved in writing by the Authority and the Department. “Project Budget” means the budget for the Project, a copy of which is attached to this Agreement as Exhibit C, with such changes therein as may be approved in writing by the Authority and the Department. “Project Costs” means the costs described in the Project Budget and such other costs permitted by the Act as may be approved in writing by the Department, provided such costs are included in the definition of “cost” set forth in Section 10.1-603.16 of the Act. “Project Description” means the description of the Project to be undertaken using the grant funds made available by this Agreement, a copy of which is attached to this Agreement as Exhibit B, with such changes therein as may be approved in writing by the Authority and the Department. ARTICLE II SCOPE OF SERVICES The Grantee shall provide the services and work as set forth in the Project Description (Exhibit B) of this Agreement. All work shall be performed according to sound construction, engineering and architectural principles and commonly accepted safety standards and shall be in compliance with the requirements of the Virginia Impounding Structure Regulations (4VAC50-20). ARTICLE III TIME OF PERFORMANCE The Grantee's work on the Project shall be completed, and evidence of completion presented and a request for disbursement of grant funds made to the Department, within twelve months of the execution of this Agreement. Unless an extension is granted pursuant to Section 4.3 below, this Agreement shall terminate without notice and the Authority shall have no obligation to disburse funds hereunder, if 7.c.b Packet Pg. 59 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone -3- Grantee fails to complete the Project within the applicable timeframe and provide satisfactory evidence of same to the Authority and the Department. ARTICLE IV GRANT FUNDS Section 4.1. Amount of Grant. The Grantee shall be reimbursed grant funds for the payment of Project Costs, in an amount not to exceed 50% of the demonstrated total cost of the Project or $15,000.00, whichever is lesser, for the purposes set forth in the Project Description. Disbursement of grant funds will be in accordance with payment provisions set forth in Section 4.2. Section 4.2. Application of Grant Funds. The Grantee agrees to apply the grant funds solely and exclusively to the reimbursement of the Grantee for payment of Project Costs. The Authority, at the direction of the Department, shall disburse grant funds from the Fund to the Grantee upon receipt by the Authority and the Department of the following: (a) A requisition in the form set forth in Exhibit D and reimbursement request in the form set forth in Exhibit E, approved by the Department (upon which the Authority shall rely), signed by the Authorized Representative and containing all receipts, vouchers, statements, invoices or other evidence of the actual payment of Project Costs, along with a certification by the Consulting Engineer in the form set forth in Exhibit D to this Agreement, and all other information required by, and otherwise being in the form of, Exhibit D to this Agreement; (b) A Dam Break Inundation Zone Analysis, Mapping, and Digitization developed by the Grantee’s Consulting Engineer and approved by the Department as meeting all standards of the Virginia Impounding Structure Regulations (4 VAC50-20). Upon receipt of each such requisition and accompanying Dam Break Inundation Zone Analysis, Mapping, and Digitization, the Authority shall disburse the grant funds hereunder to the Grantee in accordance with such requisition to the extent approved by the Department. The Department shall have no obligation to approve any requisition, and the Authority shall have no obligation to disburse any such grant funds, if the Grantee is not in compliance with any of the terms of this Agreement. Section 4.3. Agreement to Accomplish Project. The Grantee agrees to cause the Project to be completed as described in Exhibit B and in accordance with plans and specifications prepared by the Grantee’s Consulting Engineer and approved by the appropriate regulatory agencies. The Grantee shall complete the Project by the date set forth in Article III unless approval for a later completion date is given by the Virginia Soil and Water Conservation Board and the Department. ARTICLE V GENERAL PROVISIONS Section 5.1. Indemnification. To the extent permitted by law, the Grantee shall indemnify and hold harmless the Authority, the Department, the Fund, and when applicable, its employees and 7.c.b Packet Pg. 60 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone -4- designated representatives, from any and all claims, suits, actions, liabilities and costs of any kind, caused by or arising out of the performance by the Grantee of its obligations under this Agreement. Nothing contained herein shall be deemed an express or implied waiver of the sovereign immunity of the Commonwealth. Section 5.2. Disclaimer. Nothing in this Agreement shall be construed as authority for either party to make commitments that will bind the other party beyond the covenants contained herein. Section 5.3. Termination. (a) The Authority may amend, modify or terminate this Agreement for any reason upon thirty (30) days written notice to the Grantee. The Grantee shall not be paid for any services rendered or expenses incurred for which funding is not authorized by any action affecting the authority of the grant from the Fund. (b) If any written or oral representation, warranty or other statement furnished or made by or on behalf of the Grantee to the Department or the Authority in connection with this Agreement or the Grantee's application for a grant from the Fund is false or misleading in any material respect, the Authority shall have the right immediately to terminate this Agreement. (c) In the event of a breach by the Grantee of this Agreement, including the Department receiving notice that the Project is not proceeding in accordance with the Project Description, the Authority shall have the right to cease any further disbursements to the Grantee until such breach is cured. In addition, the Authority may give written notice to the Grantee specifying the manner in which this Agreement has been breached and providing the Grantee thirty (30) days within which to cure the breach. If such a notice of breach is given and the Grantee has not substantially corrected the breach within 30 days of receipt of such written notice, the Authority shall have the right forthwith to terminate this Agreement. (d) In the event of a termination of this Agreement in accordance with paragraphs (b) or (c) of this Section 5.3, the Authority, at the direction of the Department, may require the Grantee to repay all grant proceeds disbursed hereunder. Section 5.4. Integration and Modification. This Agreement constitutes the entire Agreement between the Grantee and the Authority with respect to the grant. No alteration, amendment or modification in the provisions of this Agreement shall be effective unless reduced to writing, signed by both the parties and attached hereto. Section 5.5. Collateral Agreements. Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements that are made a part of this Agreement by reference or otherwise, the provisions of this Agreement shall control. Section 5.6. Non-Discrimination. In the performance of this Agreement, the Grantee warrants that it will not discriminate against any employee, or other person, on account of race, color, sex, religious creed, ancestry, age, national origin, other non job related factors or any basis prohibited by law. To the extent required by law and upon request of the Department and the Authority, the Grantee 7.c.b Packet Pg. 61 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone -5- agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Grantee shall, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that such Grantee is an equal opportunity employer; however, notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this Agreement. The Grantee shall include the provisions of the foregoing paragraphs of this section in every contract, subcontract or purchase order of over ten thousand dollars, so that such provisions will be binding upon each contractor, subcontractor or vendor. Section 5.7. Applicable Laws. This Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 5.8. Severability. Each paragraph and provision of this Agreement is severable from the entire Agreement; and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect, at the option of the Authority. Section 5.9. Contingent Fee Warranty. The Grantee warrants that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon the award or making of this Agreement. For breach of the' foregoing warranty, the Authority shall have the right to terminate this Agreement without liability, or, in its discretion, to deduct from the agreed fee, payment or consideration, or otherwise recover the full amount of said prohibited fee, commission, percentage, brokerage fee, gift, or contingent fee. Section 5.10. Conflict of Interest. The Grantee warrants that it has fully complied with the Virginia Conflict of Interest Act. Section 5.11. Records Availability. The Grantee agrees to maintain complete and accurate books and records of the Project Costs, and further, to retain all books, records, and other documents relative to this Agreement for five (5) years after final disbursement of grant proceeds, or until audited by the Commonwealth of Virginia, whichever is later. The Authority, the Department, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period. Additionally, the Authority, the Department, and/or its representatives shall have the right of access to worksites for the purpose of ensuring that the provisions of this Agreement are properly carried out and enforced. Section 5.12. Ownership of Documents. Upon the request of the Authority or the Department, the Grantee shall provide copies of any reports, studies, photographs, negatives, or other documents prepared by the Grantee in the performance of its obligations under this Agreement. Section 5.13. Notices. Unless otherwise provided for herein, all notices, approvals, consents, correspondence and other communications under this Agreement shall be in writing and shall be deemed delivered to the following: 7.c.b Packet Pg. 62 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone -6- Fund: Virginia Resources Authority, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund 1111 East Main Street, Suite 1920 Richmond, Virginia 23219 Attention: Executive Director Authority: Virginia Resources Authority 1111 East Main Street, Suite 1920 Richmond, Virginia 23219 Attention: Executive Director Department: Virginia Department of Conservation and Recreation 600 East Main Street, 24th Floor Richmond, Virginia 23219 Attention: Division Director, Dam Safety & Floodplain Management Grantee: PITTSYLVANIA COUNTY, VIRGINIA TOWN OF CHATHAM, VIRGINIA PITTSYLVANIA SWCD 1 Center Street P.O. Box 426 Chatham, VA 24531 Attention: Mr. Richard Hicks, Deputy County Administrator A duplicate copy of each notice, approval, consent, correspondence or other communications shall be given to each of the other parties named. ARTICLE VI COUNTERPARTS This Agreement may be executed in any number of Counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. 7.c.b Packet Pg. 63 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone -7- WITNESS the following signatures, all duly authorized. VIRGINIA RESOURCES AUTHORITY, AS ADMINISTRATOR OF THE DAM SAFETY, FLOOD PREVENTION AND PROTECTION ASSISTANCE FUND By: Stephanie L. Hamlett Executive Director PITTSYLVANIA COUNTY, VIRGINIA By: Name: Title: TOWN OF CHATHAM, VIRGINIA By: Name: Title: PITTSYLVANIA SWCD By: Name: Title: DSFP-10-20 7.c.b Packet Pg. 64 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Exhibit A GRANT AUTHORIZATION Copy of the Virginia Soil and Water Conservation Board’s grant approval motion is attached. 7.c.b Packet Pg. 65 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Virginia Soil and Water Conservation Board June 3, 2020 Approval of 2020 Dam Safety, Flood Prevention and Protection Assistance Fund Grant Projects § 10.1-603.18. Administration of the Fund. The Authority shall administer and manage the Fund, and establish the interest rates and the repayment terms of such loans as provided in this article, in accordance with a memorandum of agreement with the Director. The Director shall, after consultation with all interested parties, develop a guidance document governing project eligibility and project priority criteria, and the Director, upon approval from the Virginia Soil and Water Conservation Board, shall direct the distribution of loans and grants from the Fund to local governments and private entities. In order to carry out the administration and management of the Fund, the Authority may employ officers, employees, agents, advisers and consultants, including without limitation, attorneys, financial advisors, engineers, and other technical advisors and public accountants, and determine their duties and compensation without the approval of any other agency or instrumentality. The Authority may disburse from the Fund reasonable costs and expenses incurred in the administration and management of the Fund and may establish and collect a reasonable fee for its management services. However, any such fee shall not exceed one-eighth of one percent of any bond par, loan or grant amount. Recommended Motion: The Virginia Soil and Water Conservation Board approves the eighty-six (86) grant applications, with an approval amount of $308,168.00, as recommended by the Department. Approval of these grants is conditioned on the following: 1. All grants are made on a reimbursement basis and will be governed by a Grant Agreement developed in consultation with the Virginia Resources Authority. All applicants will be given a period of 90 days to enter into a Grant Agreement following the Agreement being sent. The Department of Conservation and Recreation (Department) is authorized to further extend this date in its discretion and following consultation with VRA. 2. All grant agreements will require that projects be completed within 12 months of the date of execution of the Agreement. Upon receipt of a written request for a project extension with a specified completion date by the Grantee to the Department with a copy to VRA, the Department is authorized to consider such request and may amend the terms of the Agreement and allow a specified extension upon the Department’s and the Authority’s written approval. Extension requests must be received by the Department not later than 90 days prior to the expiration of the original agreement or grant funds are subject to rescission at the Departments discretion. No extensions shall exceed an additional year without specific Board approval. 7.c.b Packet Pg. 66 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone 3. In the event that any of the above applicants fail to execute a Grant Agreement with VRA within 90 days of such an Agreement being sent to the applicant, the Department, in consultation with VRA, is authorized to rescind those grant funds and allocate in subsequent grant rounds. The Department is authorized to communicate this approval to the Virginia Resources Authority (VRA) so that VRA’s review of applications may proceed. The Department is also authorized to take any action necessary to proceed with the closing and administration of grants subsequent to VRA’s approval of the application. Motion made by: Gray Coyner Motion seconded by: Adam Wilson Action: Motion carried unanimously ___________________________________ ___________________________________________ Charles A. Arnanson, Chair Clyde E. Cristman, Director 7.c.b Packet Pg. 67 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Inventory # Dam Name County/City/Town Project Type Grant Award Approved 109003 Louisa Dam Louisa County Professional Engineer Inspection 2,000.00 109003 Louisa Dam Louisa County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 009011 Buffalo River Dam #3 Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,250.00 009011 Buffalo River Dam #3 Amherst County Professional Engineer Inspection 3,000.00 143019 Elkhorn Dam Pittsylvania County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 107014 Gore Dam Loudoun County Professional Engineer Inspection 1,500.00 143019 Elkhorn Dam Pittsylvania County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,330.00 143002 Cherrystone Creek Dam # 1 Pittsylvania County Dam Break Inundation Zone Analysis, Mapping, and Digitization 15,000.00 143002 Cherrystone Creek Dam # 1 Pittsylvania County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 143003 Cherrystone Creek Dam # 2A Pittsylvania County Dam Break Inundation Zone Analysis, Mapping, and Digitization 12,500.00 143003 Cherrystone Creek Dam # 2A Pittsylvania County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 109039 Willow Ridge Dam Louisa County Dam Break Inundation Zone Analysis, Mapping, and Digitization 4,250.00 109039 Willow Ridge Dam Louisa County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)750.00 041029 Woodland Pond Chesterfield County Professional Engineer Inspection 1,790.00 153026 New Bristow Village Regional SWM Facility Dam Prince William County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 153026 New Bristow Village Regional SWM Facility Dam Prince William County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,650.00 075027 Reservoir # 2 Goochland County Probable Maximum Precipitation Impact Analysis and Certification 3,750.00 075027 Reservoir # 2 Goochland County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 075027 Reservoir # 2 Goochland County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 075027 Reservoir # 2 Goochland County Professional Engineer Inspection 2,000.00 125002 Lake Monocan Dam Nelson County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 107036 Hope Parkway Dam Loudoun County Professional Engineer Inspection 2,000.00 009008 Graham Creek Res. Dam #1 Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,250.00 085016 Lake Ivanhoe Dam Hanover County Dam Break Inundation Zone Analysis, Mapping, and Digitization 5,550.00 009018 Winton Country Club Dam Amherst County Professional Engineer Inspection 3,000.00 009024 Buffalo River Dam #4A Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,250.00 009024 Buffalo River Dam #4A Amherst County Professional Engineer Inspection 3,000.00 003173 Mink Creek Dam Albemarle County Professional Engineer Inspection 3,000.00 800009 Izaak Walton Dam City of Suffolk Dam Break Inundation Zone Analysis, Mapping, and Digitization 1,524.50 800009 Izaak Walton Dam City of Suffolk Probable Maximum Precipitation Impact Analysis and Certification 245.00 800009 Izaak Walton Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)245.00 800009 Izaak Walton Dam City of Suffolk Professional Engineer Inspection 485.50 810005 Lake Smith Dam City of Virginia Beach Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,588.00 810006 Little Creek Reservoir Dam City of Virginia Beach Dam Break Inundation Zone Analysis, Mapping, and Digitization 13,944.00 710002 Lake Whitehurst Dam City of Norfolk Dam Break Inundation Zone Analysis, Mapping, and Digitization 13,944.00 800003 Lake Burnt Mills Dam City of Suffolk Dam Break Inundation Zone Analysis, Mapping, and Digitization 13,944.00 009031 Greif Aeration Pond Dam Amherst County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,125.00 009031 Greif Aeration Pond Dam Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,500.00 009028 Greif Holding Pond Dam Amherst County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,125.00 009028 Greif Holding Pond Dam Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,500.00 009029 Greif Sludge Pond #2 Dam Amherst County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 009029 Greif Sludge Pond #2 Dam Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,500.00 009030 Greif Sludge Pond #3 Dam Amherst County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 009030 Greif Sludge Pond #3 Dam Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,500.00 041042 Lake Patrick Henry Dam Chesterfield County Dam Break Inundation Zone Analysis, Mapping, and Digitization 5,800.00 EXHIBIT A DEPARTMENT OF CONSERVATION AND RECREATION DAM SAFETY, FLOOD PREVENTION AND PROTECTION ASSISTANCE FUND 2020 COMPETITIVE GRANT AWARDS 1 7.c.b Packet Pg. 68 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Dams #1 and #2A Inventory # Dam Name County/City/Town Project Type Grant Award Approved 145088 Butterwood Dam Powhatan County Professional Engineer Inspection 550.00 075003 Dover Lake Dam Goochland County Probable Maximum Precipitation Impact Analysis and Certification 2,500.00 153031 Potomac Club Regional Pond Dam Prince William County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,070.00 800001 Lake Cohoon Dam City of Suffolk Professional Engineer Inspection 777.50 800001 Lake Cohoon Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,515.00 800002 Lake Kilby Dam City of Suffolk Professional Engineer Inspection 705.00 800002 Lake Kilby Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,515.00 800013 Lake Meade Dam City of Suffolk Professional Engineer Inspection 777.50 800013 Lake Meade Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,515.00 800010 Speight's Run Dam City of Suffolk Professional Engineer Inspection 705.00 800010 Speight's Run Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,515.00 800023 Lake Kilby Water Treatment Plant Sludge Lagoon Dam City of Suffolk Professional Engineer Inspection 705.00 075025 Lake Dillon Dam Goochland County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 019005 Bedford Lake Dam Bedford County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,500.00 019005 Bedford Lake Dam Bedford County Professional Engineer Inspection 800.00 019005 Bedford Lake Dam Bedford County Probable Maximum Precipitation Impact Analysis and Certification 1,000.00 CID510007 N/A; Floodplain Project Town of Scottsville Developing flood warning and response systems 10,515.00 003071 Old Trail Dam #2 Albemarle County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 107039 Brambleton Land Bay 3 Pond 6 Dam Loudoun County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 079013 Twin Lakes Dam #3 Greene County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,250.00 079012 Twin Lakes Dam #1 Greene County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,250.00 079011 Twin Lakes Dam #2 Greene County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,250.00 145008 Shawnee Dam #1 Powhatan County Professional Engineer Inspection 950.00 003004 Montfair West Dam Albemarle County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,000.00 003004 Montfair West Dam Albemarle County Dam Break Inundation Zone Analysis, Mapping, and Digitization 4,000.00 145088 Butterwood Dam Powhatan County Dam Break Inundation Zone Analysis, Mapping, and Digitization 5,650.00 145088 Butterwood Dam Powhatan County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)625.00 113018 DT Wade Dam Madison County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,000.00 113018 DT Wade Dam Madison County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 111003 Modest Creek Dam Lunenburg County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 111003 Modest Creek Dam Lunenburg County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,646.00 111003 Modest Creek Dam Lunenburg County Professional Engineer Inspection 2,000.00 111004 Lunenburg Beach Dam Lunenburg County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 111004 Lunenburg Beach Dam Lunenburg County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,646.00 111004 Lunenburg Beach Dam Lunenburg County Professional Engineer Inspection 2,000.00 111005 Nottoway Falls Dam Lunenburg County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 111005 Nottoway Falls Dam Lunenburg County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,646.00 111005 Nottoway Falls Dam Lunenburg County Professional Engineer Inspection 2,000.00 145016 Lake Shawnee Dam #3 Powhatan County Professional Engineer Inspection 950.00 145018 Lake Shawnee Dam #2 Powhatan County Professional Engineer Inspection 950.00 107036 Hope Parkway Dam Loudoun County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)900.00 $308,168.00 2 7.c.b Packet Pg. 69 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Dams #1 and #2A Exhibit B PROJECT DESCRIPTION The Project shall consist of the development of a Dam Break Inundation Zone Analysis, Mapping, and Digitization for Cherrystone Creek Dam # 1, to be approved by the Department as meeting all standards of the Virginia Soil and Water Conservation Board’s Virginia Impounding Structure Regulations (4VAC50-20). 7.c.b Packet Pg. 70 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Exhibit C PROJECT BUDGET ACTIVITY ESTIMATED TOTAL COST ESTIMATED FUNDING FROM GRANT ESTIMATED FUNDING FROM OTHER SOURCES Dam Break Inundation Zone Analysis, Mapping, and Digitization $30,000.00 $15,000.00 $15,000.00 (to be paid in full by Grantee) 7.c.b Packet Pg. 71 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Exhibit D FORM OF REQUISITION [Date] Division Director, Dam Safety & Floodplain Management Department of Conservation and Recreation 600 E. Main Street, 24th Floor Richmond, Virginia 23219 Re: Dam Safety, Flood Prevention and Protection Assistance Fund PITTSYLVANIA COUNTY, VIRGINIA TOWN OF CHATHAM, VIRGINIA PITTSYLVANIA SWCD - DSFP-10-20 Dam Name: Cherrystone Creek Dam # 1 Inventory Number: 143002 Dear Division Director: This requisition, Number ___, is submitted in connection with the Grant Agreement dated as of July 1, 2020 (the “Grant Agreement”) between the Virginia Resources Authority, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund (the “Fund”), and PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM, VIRGINIA AND PITTSYLVANIA SWCD, a Local Government (the “Grantee”). Unless otherwise defined in this requisition, all capitalized terms used herein shall have the meaning set forth in Article I of the Grant Agreement. The undersigned Authorized Representative of the Grantee hereby requests disbursement of grant proceeds under the Grant Agreement in the amount of $___________, for the purposes of reimbursement of the Project Costs associated with the completion of a Dam Break Inundation Zone Analysis, Mapping, and Digitization, which is submitted herewith. Additionally, enclosed is the reimbursement request form set forth in Exhibit E of this Agreement, invoices relating to the items for which payment is requested and a certification by the Consulting Engineer as to the performance of the work and receipt of payment. The undersigned certifies that (a) the amounts requested by this requisition will be applied solely and exclusively to the reimbursement of the Grantee for the payment, of Project Costs, and (b) any materials, supplies or equipment covered by this requisition are not subject to any lien or security interest or such lien or security interest will be released upon payment of the requisition. Sincerely, ___________________________________________ (Authorized Representative of the Grantee) 7.c.b Packet Pg. 72 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone CERTIFICATE OF THE CONSULTING ENGINEER FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT DSFP-10-20 This Certificate is being executed and delivered in connection with Requisition dated ___________, 20__, submitted by PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM, VIRGINIA AND PITTSYLVANIA SWCD (the “Grantee”), pursuant to the Grant Agreement dated as of July 1, 2020 (the “Grant Agreement”) between the Virginia Resources Authority, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund, and the Grantee. Capitalized terms used herein shall have the same meanings set forth in Article I of the Grant Agreement referred to in the Requisition. The undersigned Consulting Engineer for the Grantee hereby certifies to the Virginia Resources Authority, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund, that insofar as the amounts covered by this Requisition include payments for labor, such work was actually performed and payment for such work has been received in full. Project deliverable__________________________________________________________________________ Total amount billed for this Project deliverable____________________________________________________ ____________________________________ __________________________________ Dam Name (if applicable) Signature Consulting Engineer ____________________________________ __________________________________ Inventory No. (if applicable) Date ---------------------------------------------------------------------------------------------------------------------------------------------------- Internal Use Only (to be completed by the DCR Dam Safety Regional Engineer upon receipt of signed Form of Requisition, signed Certificate of Consulting Engineer, and any additional documents required to provide certification): The undersigned DCR Dam Safety Regional Engineer certifies that the Project, as described in Exhibit B of the Grant Agreement, has been completed, meets the requirements of the Dam Safety regulations, and is eligible for disbursement. __________________________________________ Signature DCR DS Regional Engineer __________________________________________ Date ----------------------------------------------------------------------------------------------------------------------------------------------------- Total Project Costs submitted by Grantee for reimbursement: $____________. Grant Amount authorized by the Grant Agreement: $15,000.00 or 50% of the Total Project Costs, whichever is lesser The undersigned DCR authorized representative recommends the disbursal of $_______________ be made to PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM, VIRGINIA AND PITTSYLVANIA SWCD. _________________________________________________ Signature DCR Authorized Representative _________________________________________________ Printed Name and Title _________________________________________________ Date 7.c.b Packet Pg. 73 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Reimbursement Request Form Page 1 Exhibit E Reimbursement Request Form [Date] Virginia Department of Conservation and Recreation Dam Safety, Flood Prevention and Protection Assistance Fund Grant Program All projects are required to commence and to be completed after the beginning of the application period and not later than 12-months of an executed agreement or by an approved extension date, if applicable. Grant funds will be disbursed on a reimbursement basis after the completion of the approved project. Reimbursement requests must be submitted within 90 days following passage of the authorized project completion date and only after the recipient has received written project approval from the Regional Dam Safety Engineer or DCR Floodplain Management staff. Requests for reimbursement, along with all supporting documentation, should be emailed to dam@dcr.virginia.gov. If email is not available, please mail to: Virginia Department of Conservation and Recreation Attention: Dam Safety, Flood Prevention and Protection Assistance Fund Division of Dam Safety and Floodplain Management 600 East Main Street, 24th Floor Richmond, Virginia 23219 Grant Recipient: ________________________________________________________________ Contact Name: _________________________________________________________________ Mailing Address (1): _____________________________________________________________ Mailing Address (2): _____________________________________________________________ City: ____________________________ State: _________________ Zip: ___________________ Is this a new address? □ Yes □ No Has the Contact Name changed? □ Yes □ No Telephone Number: (____) ________________ Cell Phone Number: (____) _________________ Email Address: _________________________________________________________________ Title of Project: _________________________________________________________________ Type of Project (Check one): □ Dam Safety □ Flood Prevention and Protection 7.c.b Packet Pg. 74 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Reimbursement Request Form Page 2 Grant Number: ________________________ NFIP CID (If Applicable): ___________________ Dam Name (If Applicable): ____________ Dam Inventory Number (If Applicable): ___________ Approved Grant End Date: ____________________ Total Cost of Project: __________________ Total Amount Awarded: _____________ Amount Requested for Reimbursement: ____________ Required Attachments for Reimbursement All Projects Types  Is the signed Form of Requisition from the grant agreement attached? □ Yes □ No  Are proof of payment (cancelled checks, bank statements, accounting system reports etc.) and related invoices attached? □ Yes □ No Dam Safety Projects  Is the Certificate of the Consulting Engineer Form attached? □ Yes □ No □ N/A  Has the attached Certificate of the Consulting Engineer Form been reviewed and approved by the appropriate DCR Dam Safety Regional Engineer? □ Yes □ No □ N/A  If not currently under a Regular or Conditional Operation and Maintenance Certificate, is the Operation and Maintenance Certificate application (Form DCR199-099) and appropriate fee (Form DCR199-192) enclosed? □ Yes □ No □ N/A  If the project was awarded for DBIZ Analysis, Mapping, and Digitization, or for EAP Development, the map has been filed with the local planning department and the EAP with the local emergency management coordinator and the Virginia Department of Emergency Management □ Yes □ No □ N/A Flood Prevention and Protection Projects  Is the Floodplain Certification attached? □ Yes □ No □ N/A  Has the attached Floodplain Certification been reviewed and approved by DCR Floodplain Management staff? □ Yes □ No □ N/A Authorized Signature: ____________________________________ Date: __________________ Printed Name: ________________________________ Title: _____________________________ 7.c.b Packet Pg. 75 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Reimbursement Request Form Page 3 DCR Use Only: Approval Amount to be Reimbursed: __________________________ Authorized Signature: ____________________________________ Date: __________________ Printed Name: ________________________________ Title: _____________________________ DCR Use Only: Denial Authorized Signature: ____________________________________ Date: __________________ Printed Name: ________________________________ Title: _____________________________ Reason for Denial: ______________________________________________________________ 7.c.b Packet Pg. 76 Attachment: DSFP-10-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #1 - GRANT AGREEMENT (2123 : Cherrystone Matthew J. Strickler Secretary of Natural Resources Clyde E. Cristman Director Rochelle Altholz Deputy Director of Administration and Finance Russell W. Baxter Deputy Director of Dam Safety & Floodplain Management and Soil & Water Conservation Thomas L. Smith Deputy Director of Operations 600 East Main Street, 24th Floor | Richmond, Virginia 23219 | 804-786-6124 State Parks • Soil and Water Conservation • Outdoor Recreation Planning Natural Heritage • Dam Safety and Floodplain Management • Land Conservation July 1, 2020 Richard Hicks, Deputy County Administrator Pittsylvania County 1 Center Street P.O. Box 426 Chatham, VA 24531 Re: Dam Safety, Flood Prevention and Protection Assistance Fund (DSFPPAF) 2020 Grant Application; Grant Number DSFP-11-20 Grant Number: DSFP-11-20 Dam Name: Cherrystone Creek Dam # 1, Inventory No. 143002 Applicant: Pittsylvania County, Town of Chatham, Pittsylvania SWCD Total Project Cost $10,000.00, Grant Amount Requested $5,000.00 Project Type: Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan) Dear Mr. Hicks: Congratulations! Based on Department of Conservation and Recreation’s (DCR) review and assessment of your application, your project was approved for funding by the Virginia Soil and Water Conservation Board on June 3, 2020. The total funds awarded from the DSFPPAF is $3,000.00. Terms, condition(s) or adjustments that apply to your award or that must be satisfied prior to reimbursement are as follows: • Funding reduced to align with similarly awarded projects. Please review the agreement documents emailed or enclosed with this communication as well as the grant manual used for application for important guidance information. Of particular note are the following requirements: 1. Virginia Resources Authority (VRA) will email Grant Agreements to recipients using the email address provided in the original application. If no email address is provided, the Grant Agreements will be sent via U.S. mail. Recipients shall return the signed Grant Agreement within 90 days of receipt to: Address: Kimberly S. Adams Virginia Resources Authority 1111 E. Main Street, Suite 1920 Richmond, VA 23219 kadams@virginiaresources.org (804) 616-3449 7.c.c Packet Pg. 77 Attachment: DSFP-11-20 DCR AWARD LTR - CHATHAM - CHERRYSTONE CREEK DAM #1 (2123 : Cherrystone Dams #1 and #2A State Grant VRA will return the executed signature page to you via email unless otherwise requested. Grant agreements not signed and returned within 90 days will have all funds rescinded without further notice. 2. Grant funds shall be disbursed on a reimbursement basis only. All requests for disbursement shall be delivered to DCR for approval according to the reimbursement terms of the grant manual. The grant manual may be found at https://www.dcr.virginia.gov/dam-safety-and-floodplains/dsfpm-grants. DCR shall forward the approved request to VRA for payment to the applicant. VRA will not disburse funds prior to receipt of a fully executed Grant Agreement. 3. All projects are required to be completed within the twelve months following the issuance of a signed agreement or within the approved extension period if applicable. Grant funds will be disbursed on a reimbursement basis after the completion of the approved project. Reimbursement requests must be submitted within 90 days following passage of the authorized project completion date and only after the recipient has submitted the engineering work to the Regional Dam Safety Engineer for approval or to DCR Floodplain Management if a flood prevention project. Projects not completed and without an authorized extension will have all funds rescinded without further notice. 4. All dam safety grant deliverables must be submitted through the Dam Safety Inventory System (DSIS). DSIS forms and data are located at https://www.dcr.virginia.gov/dam-safety-and-floodplains/ds-dsis 5. No project will be reimbursed without an active Regular or Conditional Operation and Maintenance Certificate. 6. Requests for reimbursement for Dam Break Inundation Zone Analysis, Mapping, and Digitization (DBIZ) and Emergency Action or Preparedness Plan Development (EAP/EPP), must include proof the DBIZ has been filed with the local planning department and the EAP/EPP with the local emergency management coordinator and the Virginia Department of Emergency Management. No reimbursement will be provided without this proof of filing. Again, congratulations on your selection as a grantee of the DSFPPAF. Should you have any questions, please feel free to contact me at (804) 786-5099 or Wendy.Howard-Cooper@dcr.virginia.gov. Sincerely, Wendy Howard Cooper Director, Dam Safety and Floodplain Management cc: Russell W. Baxter, Deputy Director, DCR Kimberly S. Adams, Senior Program Manager, VRA Steven Bricker, P.E., DCR 7.c.c Packet Pg. 78 Attachment: DSFP-11-20 DCR AWARD LTR - CHATHAM - CHERRYSTONE CREEK DAM #1 (2123 : Cherrystone Dams #1 and #2A State Grant Matthew J. Strickler Secretary of Natural Resources Clyde E. Cristman Director Rochelle Altholz Deputy Director of Administration and Finance Russell W. Baxter Deputy Director of Dam Safety & Floodplain Management and Soil & Water Conservation Thomas L. Smith Deputy Director of Operations 600 East Main Street, 24th Floor | Richmond, Virginia 23219 | 804-786-6124 State Parks • Soil and Water Conservation • Outdoor Recreation Planning Natural Heritage • Dam Safety and Floodplain Management • Land Conservation July 1, 2020 Richard Hicks, Deputy County Administrator Pittsylvania County 1 Center Street P.O. Box 426 Chatham, VA 24531 Re: Dam Safety, Flood Prevention and Protection Assistance Fund (DSFPPAF) 2020 Grant Application; Grant Number DSFP-10-20 Grant Number: DSFP-10-20 Dam Name: Cherrystone Creek Dam # 1, Inventory No. 143002 Applicant: Pittsylvania County, Town of Chatham, Pittsylvania SWCD Total Project Cost $30,000.00, Grant Amount Requested $15,000.00 Project Type: Dam Break Inundation Zone Analysis, Mapping, and Digitization Dear Mr. Hicks: Congratulations! Based on Department of Conservation and Recreation’s (DCR) review and assessment of your application, your project was approved for funding by the Virginia Soil and Water Conservation Board on June 3, 2020. The total funds awarded from the DSFPPAF is $15,000.00. Terms, condition(s) or adjustments that apply to your award or that must be satisfied prior to reimbursement are as follows: • None Please review the agreement documents emailed or enclosed with this communication as well as the grant manual used for application for important guidance information. Of particular note are the following requirements: 1. Virginia Resources Authority (VRA) will email Grant Agreements to recipients using the email address provided in the original application. If no email address is provided, the Grant Agreements will be sent via U.S. mail. Recipients shall return the signed Grant Agreement within 90 days of receipt to: Address: Kimberly S. Adams Virginia Resources Authority 1111 E. Main Street, Suite 1920 Richmond, VA 23219 kadams@virginiaresources.org (804) 616-3449 7.c.d Packet Pg. 79 Attachment: DSFP-10-20 DCR AWARD LTR - CHATHAM - CHERRYSTONE CREEK DAM #1 (2123 : Cherrystone Dams #1 and #2A State Grant VRA will return the executed signature page to you via email unless otherwise requested. Grant agreements not signed and returned within 90 days will have all funds rescinded without further notice. 2. Grant funds shall be disbursed on a reimbursement basis only. All requests for disbursement shall be delivered to DCR for approval according to the reimbursement terms of the grant manual. The grant manual may be found at https://www.dcr.virginia.gov/dam-safety-and-floodplains/dsfpm-grants. DCR shall forward the approved request to VRA for payment to the applicant. VRA will not disburse funds prior to receipt of a fully executed Grant Agreement. 3. All projects are required to be completed within the twelve months following the issuance of a signed agreement or within the approved extension period if applicable. Grant funds will be disbursed on a reimbursement basis after the completion of the approved project. Reimbursement requests must be submitted within 90 days following passage of the authorized project completion date and only after the recipient has submitted the engineering work to the Regional Dam Safety Engineer for approval or to DCR Floodplain Management if a flood prevention project. Projects not completed and without an authorized extension will have all funds rescinded without further notice. 4. All dam safety grant deliverables must be submitted through the Dam Safety Inventory System (DSIS). DSIS forms and data are located at https://www.dcr.virginia.gov/dam-safety-and-floodplains/ds-dsis 5. No project will be reimbursed without an active Regular or Conditional Operation and Maintenance Certificate. 6. Requests for reimbursement for Dam Break Inundation Zone Analysis, Mapping, and Digitization (DBIZ) and Emergency Action or Preparedness Plan Development (EAP/EPP), must include proof the DBIZ has been filed with the local planning department and the EAP/EPP with the local emergency management coordinator and the Virginia Department of Emergency Management. No reimbursement will be provided without this proof of filing. Again, congratulations on your selection as a grantee of the DSFPPAF. Should you have any questions, please feel free to contact me at (804) 786-5099 or Wendy.Howard-Cooper@dcr.virginia.gov. Sincerely, Wendy Howard Cooper Director, Dam Safety and Floodplain Management cc: Russell W. Baxter, Deputy Director, DCR Kimberly S. Adams, Senior Program Manager, VRA Steven Bricker, P.E., DCR 7.c.d Packet Pg. 80 Attachment: DSFP-10-20 DCR AWARD LTR - CHATHAM - CHERRYSTONE CREEK DAM #1 (2123 : Cherrystone Dams #1 and #2A State Grant GRANT AGREEMENT Between VIRGINIA RESOURCES AUTHORITY, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund And PITTSYLVANIA COUNTY, VIRGINIA TOWN OF CHATHAM, VIRGINIA PITTSYLVANIA SWCD Department of Conservation and Recreation DSFP-13-20 7.c.e Packet Pg. 81 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : TABLE OF CONTENTS ARTICLE I DEFINITIONS Page 1 ARTICLE II SCOPE OF SERVICES Page 2 ARTICLE III TIME OF PERFORMANCE Page 2 ARTICLE IV GRANT FUNDS Page 3 Section 4.1. Amount of Grant Page 3 Section 4.2. Application of Grant Funds Page 3 Section 4.3. Agreement to Accomplish Project Page 3 ARTICLE V GENERAL PROVISIONS Section 5.1. Indemnification Page 3 Section 5.2. Disclaimer Page 4 Section 5.3. Termination Page 4 Section 5.4. Integration and Modification Page 4 Section 5.5. Collateral Agreements Page 4 Section 5.6. Non-Discrimination Page 4 Section 5.7. Applicable Laws Page 5 Section 5.8. Severability Page 5 Section 5.9. Contingent Fee Warranty Page 5 Section 5.10. Conflict of Interest Page 5 Section 5.11. Records Availability Page 5 Section 5.12. Ownership of Documents Page 5 Section 5.13. Notices Page 5 ARTICLE VI COUNTERPARTS Page 6 EXHIBITS Exhibit A. Grant Authorization Exhibit B. Project Description Exhibit C. Project Budget Exhibit D. Form of Requisition Exhibit E. Department Reimbursement Request Form 7.c.e Packet Pg. 82 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : -1- GRANT AGREEMENT THIS GRANT AGREEMENT is made as of this first day of July, 2020 between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political subdivision of the Commonwealth of Virginia (the “Authority”), as administrator of the DAM SAFETY, FLOOD PREVENTION AND PROTECTION ASSISTANCE FUND, and PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM VIRGINIA AND PITTSYLVANIA SWCD, a Local Government (the “Grantee”). Pursuant to Article 1.2, Chapter 6, Title 10.1 of the Code of Virginia of 1950, as amended (the “Act”), the General Assembly created a fund known as the “Dam Safety, Flood Prevention and Protection Assistance Fund” (the “Fund”). In conjunction with the Department of Conservation and Recreation (the “Department”), the Authority administers and manages the Fund. Following consultation with the Authority, the Department from time to time directs loans and grants from the Fund and authorizes the Authority to disburse monies to local governments and private entities in Virginia to fund the costs of flood prevention or protection projects all within the meaning of the Act. The Grantee has requested a grant from the Fund and such grant has been approved by the Department, as evidenced by Exhibit A to this Agreement. The Grantee will use the grant monies from the Fund to finance that portion of the Project Costs not being paid from other sources as set forth in the Project Budget. ARTICLE I DEFINITIONS The capitalized terms contained in this Agreement shall have the meanings set forth below unless the context requires otherwise and any capitalized terms not otherwise defined herein shall have the meaning assigned to such terms in the Act: “Act” means Article 1.2, Chapter 6, Title 10.1 of the Code of Virginia of 1950, as amended. “Agreement” means this Grant Agreement between the Authority, as Administrator of the Fund, and the Grantee, together with any amendments or supplements hereto. “Authority” means the Virginia Resources Authority, a public body corporate and a political subdivision of the Commonwealth of Virginia. “Authorized Representative” means any member, official or employee of the Grantee authorized by resolution, ordinance or other official act of the governing body of the Grantee to perform the act or sign the document in question. 7.c.e Packet Pg. 83 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : -2- “Consulting Engineer” means the project engineer, meeting all applicable standards of the Virginia Impounding Structures Regulations, 4 VAC 50-20 et seq., as amended, designated by the Grantee to oversee the work with respect to the Project. “Department” means the Department of Conservation and Recreation. “Fund” means the Dam Safety, Flood Prevention and Protection Assistance Fund. “Grantee” means PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM, VIRGINIA AND PITTSYLVANIA SWCD, a Local Government. “Project” means the particular project described in Exhibit B to this Agreement to be undertaken and completed by the Grantee with, among other monies, the grant funds, with such changes thereto as may be approved in writing by the Authority and the Department. “Project Budget” means the budget for the Project, a copy of which is attached to this Agreement as Exhibit C, with such changes therein as may be approved in writing by the Authority and the Department. “Project Costs” means the costs described in the Project Budget and such other costs permitted by the Act as may be approved in writing by the Department, provided such costs are included in the definition of “cost” set forth in Section 10.1-603.16 of the Act. “Project Description” means the description of the Project to be undertaken using the grant funds made available by this Agreement, a copy of which is attached to this Agreement as Exhibit B, with such changes therein as may be approved in writing by the Authority and the Department. ARTICLE II SCOPE OF SERVICES The Grantee shall provide the services and work as set forth in the Project Description (Exhibit B) of this Agreement. All work shall be performed according to sound construction, engineering and architectural principles and commonly accepted safety standards and shall be in compliance with the requirements of the Virginia Impounding Structure Regulations (4VAC50-20). ARTICLE III TIME OF PERFORMANCE The Grantee's work on the Project shall be completed, and evidence of completion presented and a request for disbursement of grant funds made to the Department, within twelve months of the execution of this Agreement. Unless an extension is granted pursuant to Section 4.3 below, this Agreement shall terminate without notice and the Authority shall have no obligation to disburse funds hereunder, if 7.c.e Packet Pg. 84 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : -3- Grantee fails to complete the Project within the applicable timeframe and provide satisfactory evidence of same to the Authority and the Department. ARTICLE IV GRANT FUNDS Section 4.1. Amount of Grant. The Grantee shall be reimbursed grant funds for the payment of Project Costs, in an amount not to exceed 50% of the demonstrated total cost of the Project or $3,000.00, whichever is lesser, for the purposes set forth in the Project Description. Disbursement of grant funds will be in accordance with payment provisions set forth in Section 4.2. Section 4.2. Application of Grant Funds. The Grantee agrees to apply the grant funds solely and exclusively to the reimbursement of the Grantee for payment of Project Costs. The Authority, at the direction of the Department, shall disburse grant funds from the Fund to the Grantee upon receipt by the Authority and the Department of the following: (a) A requisition in the form set forth in Exhibit D and reimbursement request in the form set forth in Exhibit E, approved by the Department (upon which the Authority shall rely), signed by the Authorized Representative and containing all receipts, vouchers, statements, invoices or other evidence of the actual payment of Project Costs, along with a certification by the Consulting Engineer in the form set forth in Exhibit D to this Agreement, and all other information required by, and otherwise being in the form of, Exhibit D to this Agreement; (b) An Emergency Action Plan or Emrgency Preparedness Plan developed by the Grantee’s Consulting Engineer and approved by the Department as meeting all standards of the Virginia Impounding Structure Regulations (4 VAC50-20). Upon receipt of each such requisition and accompanying Emergency Action Plan or Emrgency Preparedness Plan, the Authority shall disburse the grant funds hereunder to the Grantee in accordance with such requisition to the extent approved by the Department. The Department shall have no obligation to approve any requisition, and the Authority shall have no obligation to disburse any such grant funds, if the Grantee is not in compliance with any of the terms of this Agreement. Section 4.3. Agreement to Accomplish Project. The Grantee agrees to cause the Project to be completed as described in Exhibit B and in accordance with plans and specifications prepared by the Grantee’s Consulting Engineer and approved by the appropriate regulatory agencies. The Grantee shall complete the Project by the date set forth in Article III unless approval for a later completion date is given by the Virginia Soil and Water Conservation Board and the Department. ARTICLE V GENERAL PROVISIONS Section 5.1. Indemnification. To the extent permitted by law, the Grantee shall indemnify and hold harmless the Authority, the Department, the Fund, and when applicable, its employees and 7.c.e Packet Pg. 85 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : -4- designated representatives, from any and all claims, suits, actions, liabilities and costs of any kind, caused by or arising out of the performance by the Grantee of its obligations under this Agreement. Nothing contained herein shall be deemed an express or implied waiver of the sovereign immunity of the Commonwealth. Section 5.2. Disclaimer. Nothing in this Agreement shall be construed as authority for either party to make commitments that will bind the other party beyond the covenants contained herein. Section 5.3. Termination. (a) The Authority may amend, modify or terminate this Agreement for any reason upon thirty (30) days written notice to the Grantee. The Grantee shall not be paid for any services rendered or expenses incurred for which funding is not authorized by any action affecting the authority of the grant from the Fund. (b) If any written or oral representation, warranty or other statement furnished or made by or on behalf of the Grantee to the Department or the Authority in connection with this Agreement or the Grantee's application for a grant from the Fund is false or misleading in any material respect, the Authority shall have the right immediately to terminate this Agreement. (c) In the event of a breach by the Grantee of this Agreement, including the Department receiving notice that the Project is not proceeding in accordance with the Project Description, the Authority shall have the right to cease any further disbursements to the Grantee until such breach is cured. In addition, the Authority may give written notice to the Grantee specifying the manner in which this Agreement has been breached and providing the Grantee thirty (30) days within which to cure the breach. If such a notice of breach is given and the Grantee has not substantially corrected the breach within 30 days of receipt of such written notice, the Authority shall have the right forthwith to terminate this Agreement. (d) In the event of a termination of this Agreement in accordance with paragraphs (b) or (c) of this Section 5.3, the Authority, at the direction of the Department, may require the Grantee to repay all grant proceeds disbursed hereunder. Section 5.4. Integration and Modification. This Agreement constitutes the entire Agreement between the Grantee and the Authority with respect to the grant. No alteration, amendment or modification in the provisions of this Agreement shall be effective unless reduced to writing, signed by both the parties and attached hereto. Section 5.5. Collateral Agreements. Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements that are made a part of this Agreement by reference or otherwise, the provisions of this Agreement shall control. Section 5.6. Non-Discrimination. In the performance of this Agreement, the Grantee warrants that it will not discriminate against any employee, or other person, on account of race, color, sex, religious creed, ancestry, age, national origin, other non job related factors or any basis prohibited by law. To the extent required by law and upon request of the Department and the Authority, the Grantee 7.c.e Packet Pg. 86 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : -5- agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Grantee shall, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that such Grantee is an equal opportunity employer; however, notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this Agreement. The Grantee shall include the provisions of the foregoing paragraphs of this section in every contract, subcontract or purchase order of over ten thousand dollars, so that such provisions will be binding upon each contractor, subcontractor or vendor. Section 5.7. Applicable Laws. This Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 5.8. Severability. Each paragraph and provision of this Agreement is severable from the entire Agreement; and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect, at the option of the Authority. Section 5.9. Contingent Fee Warranty. The Grantee warrants that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon the award or making of this Agreement. For breach of the' foregoing warranty, the Authority shall have the right to terminate this Agreement without liability, or, in its discretion, to deduct from the agreed fee, payment or consideration, or otherwise recover the full amount of said prohibited fee, commission, percentage, brokerage fee, gift, or contingent fee. Section 5.10. Conflict of Interest. The Grantee warrants that it has fully complied with the Virginia Conflict of Interest Act. Section 5.11. Records Availability. The Grantee agrees to maintain complete and accurate books and records of the Project Costs, and further, to retain all books, records, and other documents relative to this Agreement for five (5) years after final disbursement of grant proceeds, or until audited by the Commonwealth of Virginia, whichever is later. The Authority, the Department, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period. Additionally, the Authority, the Department, and/or its representatives shall have the right of access to worksites for the purpose of ensuring that the provisions of this Agreement are properly carried out and enforced. Section 5.12. Ownership of Documents. Upon the request of the Authority or the Department, the Grantee shall provide copies of any reports, studies, photographs, negatives, or other documents prepared by the Grantee in the performance of its obligations under this Agreement. Section 5.13. Notices. Unless otherwise provided for herein, all notices, approvals, consents, correspondence and other communications under this Agreement shall be in writing and shall be deemed delivered to the following: 7.c.e Packet Pg. 87 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : -6- Fund: Virginia Resources Authority, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund 1111 East Main Street, Suite 1920 Richmond, Virginia 23219 Attention: Executive Director Authority: Virginia Resources Authority 1111 East Main Street, Suite 1920 Richmond, Virginia 23219 Attention: Executive Director Department: Virginia Department of Conservation and Recreation 600 East Main Street, 24th Floor Richmond, Virginia 23219 Attention: Division Director, Dam Safety & Floodplain Management Grantee: PITTSYLVANIA COUNTY, VIRGINIA TOWN OF CHATHAM, VIRGINIA PITTSYLVANIA SWCD 1 Center Street P.O. Box 426 Chatham, VA 24531 Attention: Mr. Richard Hicks, Deputy County Administrator A duplicate copy of each notice, approval, consent, correspondence or other communications shall be given to each of the other parties named. ARTICLE VI COUNTERPARTS This Agreement may be executed in any number of Counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. 7.c.e Packet Pg. 88 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : -7- WITNESS the following signatures, all duly authorized. VIRGINIA RESOURCES AUTHORITY, AS ADMINISTRATOR OF THE DAM SAFETY, FLOOD PREVENTION AND PROTECTION ASSISTANCE FUND By: Stephanie L. Hamlett Executive Director PITTSYLVANIA COUNTY, VIRGINIA By: Name: Title: TOWN OF CHATHAM, VIRGINIA By: Name: Title: PITTSYLVANIA SWCD By: Name: Title: DSFP-13-20 7.c.e Packet Pg. 89 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : Exhibit A GRANT AUTHORIZATION Copy of the Virginia Soil and Water Conservation Board’s grant approval motion is attached. 7.c.e Packet Pg. 90 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : Virginia Soil and Water Conservation Board June 3, 2020 Approval of 2020 Dam Safety, Flood Prevention and Protection Assistance Fund Grant Projects § 10.1-603.18. Administration of the Fund. The Authority shall administer and manage the Fund, and establish the interest rates and the repayment terms of such loans as provided in this article, in accordance with a memorandum of agreement with the Director. The Director shall, after consultation with all interested parties, develop a guidance document governing project eligibility and project priority criteria, and the Director, upon approval from the Virginia Soil and Water Conservation Board, shall direct the distribution of loans and grants from the Fund to local governments and private entities. In order to carry out the administration and management of the Fund, the Authority may employ officers, employees, agents, advisers and consultants, including without limitation, attorneys, financial advisors, engineers, and other technical advisors and public accountants, and determine their duties and compensation without the approval of any other agency or instrumentality. The Authority may disburse from the Fund reasonable costs and expenses incurred in the administration and management of the Fund and may establish and collect a reasonable fee for its management services. However, any such fee shall not exceed one-eighth of one percent of any bond par, loan or grant amount. Recommended Motion: The Virginia Soil and Water Conservation Board approves the eighty-six (86) grant applications, with an approval amount of $308,168.00, as recommended by the Department. Approval of these grants is conditioned on the following: 1. All grants are made on a reimbursement basis and will be governed by a Grant Agreement developed in consultation with the Virginia Resources Authority. All applicants will be given a period of 90 days to enter into a Grant Agreement following the Agreement being sent. The Department of Conservation and Recreation (Department) is authorized to further extend this date in its discretion and following consultation with VRA. 2. All grant agreements will require that projects be completed within 12 months of the date of execution of the Agreement. Upon receipt of a written request for a project extension with a specified completion date by the Grantee to the Department with a copy to VRA, the Department is authorized to consider such request and may amend the terms of the Agreement and allow a specified extension upon the Department’s and the Authority’s written approval. Extension requests must be received by the Department not later than 90 days prior to the expiration of the original agreement or grant funds are subject to rescission at the Departments discretion. No extensions shall exceed an additional year without specific Board approval. 7.c.e Packet Pg. 91 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : 3. In the event that any of the above applicants fail to execute a Grant Agreement with VRA within 90 days of such an Agreement being sent to the applicant, the Department, in consultation with VRA, is authorized to rescind those grant funds and allocate in subsequent grant rounds. The Department is authorized to communicate this approval to the Virginia Resources Authority (VRA) so that VRA’s review of applications may proceed. The Department is also authorized to take any action necessary to proceed with the closing and administration of grants subsequent to VRA’s approval of the application. Motion made by: Gray Coyner Motion seconded by: Adam Wilson Action: Motion carried unanimously ___________________________________ ___________________________________________ Charles A. Arnanson, Chair Clyde E. Cristman, Director 7.c.e Packet Pg. 92 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : Inventory # Dam Name County/City/Town Project Type Grant Award Approved 109003 Louisa Dam Louisa County Professional Engineer Inspection 2,000.00 109003 Louisa Dam Louisa County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 009011 Buffalo River Dam #3 Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,250.00 009011 Buffalo River Dam #3 Amherst County Professional Engineer Inspection 3,000.00 143019 Elkhorn Dam Pittsylvania County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 107014 Gore Dam Loudoun County Professional Engineer Inspection 1,500.00 143019 Elkhorn Dam Pittsylvania County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,330.00 143002 Cherrystone Creek Dam # 1 Pittsylvania County Dam Break Inundation Zone Analysis, Mapping, and Digitization 15,000.00 143002 Cherrystone Creek Dam # 1 Pittsylvania County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 143003 Cherrystone Creek Dam # 2A Pittsylvania County Dam Break Inundation Zone Analysis, Mapping, and Digitization 12,500.00 143003 Cherrystone Creek Dam # 2A Pittsylvania County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 109039 Willow Ridge Dam Louisa County Dam Break Inundation Zone Analysis, Mapping, and Digitization 4,250.00 109039 Willow Ridge Dam Louisa County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)750.00 041029 Woodland Pond Chesterfield County Professional Engineer Inspection 1,790.00 153026 New Bristow Village Regional SWM Facility Dam Prince William County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 153026 New Bristow Village Regional SWM Facility Dam Prince William County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,650.00 075027 Reservoir # 2 Goochland County Probable Maximum Precipitation Impact Analysis and Certification 3,750.00 075027 Reservoir # 2 Goochland County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 075027 Reservoir # 2 Goochland County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 075027 Reservoir # 2 Goochland County Professional Engineer Inspection 2,000.00 125002 Lake Monocan Dam Nelson County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 107036 Hope Parkway Dam Loudoun County Professional Engineer Inspection 2,000.00 009008 Graham Creek Res. Dam #1 Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,250.00 085016 Lake Ivanhoe Dam Hanover County Dam Break Inundation Zone Analysis, Mapping, and Digitization 5,550.00 009018 Winton Country Club Dam Amherst County Professional Engineer Inspection 3,000.00 009024 Buffalo River Dam #4A Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,250.00 009024 Buffalo River Dam #4A Amherst County Professional Engineer Inspection 3,000.00 003173 Mink Creek Dam Albemarle County Professional Engineer Inspection 3,000.00 800009 Izaak Walton Dam City of Suffolk Dam Break Inundation Zone Analysis, Mapping, and Digitization 1,524.50 800009 Izaak Walton Dam City of Suffolk Probable Maximum Precipitation Impact Analysis and Certification 245.00 800009 Izaak Walton Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)245.00 800009 Izaak Walton Dam City of Suffolk Professional Engineer Inspection 485.50 810005 Lake Smith Dam City of Virginia Beach Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,588.00 810006 Little Creek Reservoir Dam City of Virginia Beach Dam Break Inundation Zone Analysis, Mapping, and Digitization 13,944.00 710002 Lake Whitehurst Dam City of Norfolk Dam Break Inundation Zone Analysis, Mapping, and Digitization 13,944.00 800003 Lake Burnt Mills Dam City of Suffolk Dam Break Inundation Zone Analysis, Mapping, and Digitization 13,944.00 009031 Greif Aeration Pond Dam Amherst County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,125.00 009031 Greif Aeration Pond Dam Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,500.00 009028 Greif Holding Pond Dam Amherst County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,125.00 009028 Greif Holding Pond Dam Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,500.00 009029 Greif Sludge Pond #2 Dam Amherst County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 009029 Greif Sludge Pond #2 Dam Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,500.00 009030 Greif Sludge Pond #3 Dam Amherst County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 009030 Greif Sludge Pond #3 Dam Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,500.00 041042 Lake Patrick Henry Dam Chesterfield County Dam Break Inundation Zone Analysis, Mapping, and Digitization 5,800.00 EXHIBIT A DEPARTMENT OF CONSERVATION AND RECREATION DAM SAFETY, FLOOD PREVENTION AND PROTECTION ASSISTANCE FUND 2020 COMPETITIVE GRANT AWARDS 1 7.c.e Packet Pg. 93 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : Cherrystone Dams #1 and Inventory # Dam Name County/City/Town Project Type Grant Award Approved 145088 Butterwood Dam Powhatan County Professional Engineer Inspection 550.00 075003 Dover Lake Dam Goochland County Probable Maximum Precipitation Impact Analysis and Certification 2,500.00 153031 Potomac Club Regional Pond Dam Prince William County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,070.00 800001 Lake Cohoon Dam City of Suffolk Professional Engineer Inspection 777.50 800001 Lake Cohoon Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,515.00 800002 Lake Kilby Dam City of Suffolk Professional Engineer Inspection 705.00 800002 Lake Kilby Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,515.00 800013 Lake Meade Dam City of Suffolk Professional Engineer Inspection 777.50 800013 Lake Meade Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,515.00 800010 Speight's Run Dam City of Suffolk Professional Engineer Inspection 705.00 800010 Speight's Run Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,515.00 800023 Lake Kilby Water Treatment Plant Sludge Lagoon Dam City of Suffolk Professional Engineer Inspection 705.00 075025 Lake Dillon Dam Goochland County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 019005 Bedford Lake Dam Bedford County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,500.00 019005 Bedford Lake Dam Bedford County Professional Engineer Inspection 800.00 019005 Bedford Lake Dam Bedford County Probable Maximum Precipitation Impact Analysis and Certification 1,000.00 CID510007 N/A; Floodplain Project Town of Scottsville Developing flood warning and response systems 10,515.00 003071 Old Trail Dam #2 Albemarle County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 107039 Brambleton Land Bay 3 Pond 6 Dam Loudoun County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 079013 Twin Lakes Dam #3 Greene County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,250.00 079012 Twin Lakes Dam #1 Greene County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,250.00 079011 Twin Lakes Dam #2 Greene County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,250.00 145008 Shawnee Dam #1 Powhatan County Professional Engineer Inspection 950.00 003004 Montfair West Dam Albemarle County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,000.00 003004 Montfair West Dam Albemarle County Dam Break Inundation Zone Analysis, Mapping, and Digitization 4,000.00 145088 Butterwood Dam Powhatan County Dam Break Inundation Zone Analysis, Mapping, and Digitization 5,650.00 145088 Butterwood Dam Powhatan County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)625.00 113018 DT Wade Dam Madison County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,000.00 113018 DT Wade Dam Madison County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 111003 Modest Creek Dam Lunenburg County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 111003 Modest Creek Dam Lunenburg County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,646.00 111003 Modest Creek Dam Lunenburg County Professional Engineer Inspection 2,000.00 111004 Lunenburg Beach Dam Lunenburg County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 111004 Lunenburg Beach Dam Lunenburg County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,646.00 111004 Lunenburg Beach Dam Lunenburg County Professional Engineer Inspection 2,000.00 111005 Nottoway Falls Dam Lunenburg County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 111005 Nottoway Falls Dam Lunenburg County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,646.00 111005 Nottoway Falls Dam Lunenburg County Professional Engineer Inspection 2,000.00 145016 Lake Shawnee Dam #3 Powhatan County Professional Engineer Inspection 950.00 145018 Lake Shawnee Dam #2 Powhatan County Professional Engineer Inspection 950.00 107036 Hope Parkway Dam Loudoun County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)900.00 $308,168.00 2 7.c.e Packet Pg. 94 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : Cherrystone Dams #1 and Exhibit B PROJECT DESCRIPTION The Project shall consist of the development of an Emergency Action Plan or Emrgency Preparedness Plan for Cherrystone Creek Dam #2A, to be approved by the Department as meeting all standards of the Virginia Soil and Water Conservation Board’s Virginia Impounding Structure Regulations (4VAC50- 20). 7.c.e Packet Pg. 95 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : Exhibit C PROJECT BUDGET ACTIVITY ESTIMATED TOTAL COST ESTIMATED FUNDING FROM GRANT ESTIMATED FUNDING FROM OTHER SOURCES Emergency Action Plan or Emrgency Preparedness Plan $8,000.00 $3,000.00 $5,000.00 (to be paid in full by Grantee) 7.c.e Packet Pg. 96 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : Exhibit D FORM OF REQUISITION [Date] Division Director, Dam Safety & Floodplain Management Department of Conservation and Recreation 600 E. Main Street, 24th Floor Richmond, Virginia 23219 Re: Dam Safety, Flood Prevention and Protection Assistance Fund PITTSYLVANIA COUNTY, VIRGINIA TOWN OF CHATHAM, VIRGINIA PITTSYLVANIA SWCD - DSFP-12-20 Dam Name: Cherrystone Creek Dam # 2A Inventory Number: 143003 Dear Division Director: This requisition, Number ___, is submitted in connection with the Grant Agreement dated as of July 1, 2020 (the “Grant Agreement”) between the Virginia Resources Authority, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund (the “Fund”), and PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM, VIRGINIA AND PITTSYLVANIA SWCD, a Local Government (the “Grantee”). Unless otherwise defined in this requisition, all capitalized terms used herein shall have the meaning set forth in Article I of the Grant Agreement. The undersigned Authorized Representative of the Grantee hereby requests disbursement of grant proceeds under the Grant Agreement in the amount of $___________, for the purposes of reimbursement of the Project Costs associated with the completion of an Emergency Action Plan or Emrgency Preparedness Plan, which is submitted herewith. Additionally, enclosed is the reimbursement request form set forth in Exhibit E of this Agreement, invoices relating to the items for which payment is requested and a certification by the Consulting Engineer as to the performance of the work and receipt of payment. The undersigned certifies that (a) the amounts requested by this requisition will be applied solely and exclusively to the reimbursement of the Grantee for the payment, of Project Costs, and (b) any materials, supplies or equipment covered by this requisition are not subject to any lien or security interest or such lien or security interest will be released upon payment of the requisition. Sincerely, ___________________________________________ (Authorized Representative of the Grantee) 7.c.e Packet Pg. 97 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : CERTIFICATE OF THE CONSULTING ENGINEER FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT DSFP-13-20 This Certificate is being executed and delivered in connection with Requisition dated ___________, 20__, submitted by PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM, VIRGINIA AND PITTSYLVANIA SWCD (the “Grantee”), pursuant to the Grant Agreement dated as of July 1, 2020 (the “Grant Agreement”) between the Virginia Resources Authority, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund, and the Grantee. Capitalized terms used herein shall have the same meanings set forth in Article I of the Grant Agreement referred to in the Requisition. The undersigned Consulting Engineer for the Grantee hereby certifies to the Virginia Resources Authority, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund, that insofar as the amounts covered by this Requisition include payments for labor, such work was actually performed and payment for such work has been received in full. Project deliverable__________________________________________________________________________ Total amount billed for this Project deliverable____________________________________________________ ____________________________________ __________________________________ Dam Name (if applicable) Signature Consulting Engineer ____________________________________ __________________________________ Inventory No. (if applicable) Date ---------------------------------------------------------------------------------------------------------------------------------------------------- Internal Use Only (to be completed by the DCR Dam Safety Regional Engineer upon receipt of signed Form of Requisition, signed Certificate of Consulting Engineer, and any additional documents required to provide certification): The undersigned DCR Dam Safety Regional Engineer certifies that the Project, as described in Exhibit B of the Grant Agreement, has been completed, meets the requirements of the Dam Safety regulations, and is eligible for disbursement. __________________________________________ Signature DCR DS Regional Engineer __________________________________________ Date ----------------------------------------------------------------------------------------------------------------------------------------------------- Total Project Costs submitted by Grantee for reimbursement: $____________. Grant Amount authorized by the Grant Agreement: $3,000.00 or 50% of the Total Project Costs, whichever is lesser The undersigned DCR authorized representative recommends the disbursal of $_______________ be made to PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM, VIRGINIA AND PITTSYLVANIA SWCD. _________________________________________________ Signature DCR Authorized Representative _________________________________________________ Printed Name and Title _________________________________________________ Date 7.c.e Packet Pg. 98 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : Reimbursement Request Form Page 1 Exhibit E Reimbursement Request Form [Date] Virginia Department of Conservation and Recreation Dam Safety, Flood Prevention and Protection Assistance Fund Grant Program All projects are required to commence and to be completed after the beginning of the application period and not later than 12-months of an executed agreement or by an approved extension date, if applicable. Grant funds will be disbursed on a reimbursement basis after the completion of the approved project. Reimbursement requests must be submitted within 90 days following passage of the authorized project completion date and only after the recipient has received written project approval from the Regional Dam Safety Engineer or DCR Floodplain Management staff. Requests for reimbursement, along with all supporting documentation, should be emailed to dam@dcr.virginia.gov. If email is not available, please mail to: Virginia Department of Conservation and Recreation Attention: Dam Safety, Flood Prevention and Protection Assistance Fund Division of Dam Safety and Floodplain Management 600 East Main Street, 24th Floor Richmond, Virginia 23219 Grant Recipient: ________________________________________________________________ Contact Name: _________________________________________________________________ Mailing Address (1): _____________________________________________________________ Mailing Address (2): _____________________________________________________________ City: ____________________________ State: _________________ Zip: ___________________ Is this a new address? □ Yes □ No Has the Contact Name changed? □ Yes □ No Telephone Number: (____) ________________ Cell Phone Number: (____) _________________ Email Address: _________________________________________________________________ Title of Project: _________________________________________________________________ Type of Project (Check one): □ Dam Safety □ Flood Prevention and Protection 7.c.e Packet Pg. 99 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : Reimbursement Request Form Page 2 Grant Number: ________________________ NFIP CID (If Applicable): ___________________ Dam Name (If Applicable): ____________ Dam Inventory Number (If Applicable): ___________ Approved Grant End Date: ____________________ Total Cost of Project: __________________ Total Amount Awarded: _____________ Amount Requested for Reimbursement: ____________ Required Attachments for Reimbursement All Projects Types  Is the signed Form of Requisition from the grant agreement attached? □ Yes □ No  Are proof of payment (cancelled checks, bank statements, accounting system reports etc.) and related invoices attached? □ Yes □ No Dam Safety Projects  Is the Certificate of the Consulting Engineer Form attached? □ Yes □ No □ N/A  Has the attached Certificate of the Consulting Engineer Form been reviewed and approved by the appropriate DCR Dam Safety Regional Engineer? □ Yes □ No □ N/A  If not currently under a Regular or Conditional Operation and Maintenance Certificate, is the Operation and Maintenance Certificate application (Form DCR199-099) and appropriate fee (Form DCR199-192) enclosed? □ Yes □ No □ N/A  If the project was awarded for DBIZ Analysis, Mapping, and Digitization, or for EAP Development, the map has been filed with the local planning department and the EAP with the local emergency management coordinator and the Virginia Department of Emergency Management □ Yes □ No □ N/A Flood Prevention and Protection Projects  Is the Floodplain Certification attached? □ Yes □ No □ N/A  Has the attached Floodplain Certification been reviewed and approved by DCR Floodplain Management staff? □ Yes □ No □ N/A Authorized Signature: ____________________________________ Date: __________________ Printed Name: ________________________________ Title: _____________________________ 7.c.e Packet Pg. 100 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : Reimbursement Request Form Page 3 DCR Use Only: Approval Amount to be Reimbursed: __________________________ Authorized Signature: ____________________________________ Date: __________________ Printed Name: ________________________________ Title: _____________________________ DCR Use Only: Denial Authorized Signature: ____________________________________ Date: __________________ Printed Name: ________________________________ Title: _____________________________ Reason for Denial: ______________________________________________________________ 7.c.e Packet Pg. 101 Attachment: DSFP-13-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT_ (2123 : GRANT AGREEMENT Between VIRGINIA RESOURCES AUTHORITY, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund And PITTSYLVANIA COUNTY, VIRGINIA TOWN OF CHATHAM, VIRGINIA PITTSYLVANIA SWCD Department of Conservation and Recreation DSFP-12-20 7.c.f Packet Pg. 102 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone TABLE OF CONTENTS ARTICLE I DEFINITIONS Page 1 ARTICLE II SCOPE OF SERVICES Page 2 ARTICLE III TIME OF PERFORMANCE Page 2 ARTICLE IV GRANT FUNDS Page 3 Section 4.1. Amount of Grant Page 3 Section 4.2. Application of Grant Funds Page 3 Section 4.3. Agreement to Accomplish Project Page 3 ARTICLE V GENERAL PROVISIONS Section 5.1. Indemnification Page 3 Section 5.2. Disclaimer Page 4 Section 5.3. Termination Page 4 Section 5.4. Integration and Modification Page 4 Section 5.5. Collateral Agreements Page 4 Section 5.6. Non-Discrimination Page 4 Section 5.7. Applicable Laws Page 5 Section 5.8. Severability Page 5 Section 5.9. Contingent Fee Warranty Page 5 Section 5.10. Conflict of Interest Page 5 Section 5.11. Records Availability Page 5 Section 5.12. Ownership of Documents Page 5 Section 5.13. Notices Page 5 ARTICLE VI COUNTERPARTS Page 6 EXHIBITS Exhibit A. Grant Authorization Exhibit B. Project Description Exhibit C. Project Budget Exhibit D. Form of Requisition Exhibit E. Department Reimbursement Request Form 7.c.f Packet Pg. 103 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone -1- GRANT AGREEMENT THIS GRANT AGREEMENT is made as of this first day of July, 2020 between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political subdivision of the Commonwealth of Virginia (the “Authority”), as administrator of the DAM SAFETY, FLOOD PREVENTION AND PROTECTION ASSISTANCE FUND, and PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM VIRGINIA AND PITTSYLVANIA SWCD, a Local Government (the “Grantee”). Pursuant to Article 1.2, Chapter 6, Title 10.1 of the Code of Virginia of 1950, as amended (the “Act”), the General Assembly created a fund known as the “Dam Safety, Flood Prevention and Protection Assistance Fund” (the “Fund”). In conjunction with the Department of Conservation and Recreation (the “Department”), the Authority administers and manages the Fund. Following consultation with the Authority, the Department from time to time directs loans and grants from the Fund and authorizes the Authority to disburse monies to local governments and private entities in Virginia to fund the costs of flood prevention or protection projects all within the meaning of the Act. The Grantee has requested a grant from the Fund and such grant has been approved by the Department, as evidenced by Exhibit A to this Agreement. The Grantee will use the grant monies from the Fund to finance that portion of the Project Costs not being paid from other sources as set forth in the Project Budget. ARTICLE I DEFINITIONS The capitalized terms contained in this Agreement shall have the meanings set forth below unless the context requires otherwise and any capitalized terms not otherwise defined herein shall have the meaning assigned to such terms in the Act: “Act” means Article 1.2, Chapter 6, Title 10.1 of the Code of Virginia of 1950, as amended. “Agreement” means this Grant Agreement between the Authority, as Administrator of the Fund, and the Grantee, together with any amendments or supplements hereto. “Authority” means the Virginia Resources Authority, a public body corporate and a political subdivision of the Commonwealth of Virginia. “Authorized Representative” means any member, official or employee of the Grantee authorized by resolution, ordinance or other official act of the governing body of the Grantee to perform the act or sign the document in question. 7.c.f Packet Pg. 104 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone -2- “Consulting Engineer” means the project engineer, meeting all applicable standards of the Virginia Impounding Structures Regulations, 4 VAC 50-20 et seq., as amended, designated by the Grantee to oversee the work with respect to the Project. “Department” means the Department of Conservation and Recreation. “Fund” means the Dam Safety, Flood Prevention and Protection Assistance Fund. “Grantee” means PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM, VIRGINIA AND PITTSYLVANIA SWCD, a Local Government. “Project” means the particular project described in Exhibit B to this Agreement to be undertaken and completed by the Grantee with, among other monies, the grant funds, with such changes thereto as may be approved in writing by the Authority and the Department. “Project Budget” means the budget for the Project, a copy of which is attached to this Agreement as Exhibit C, with such changes therein as may be approved in writing by the Authority and the Department. “Project Costs” means the costs described in the Project Budget and such other costs permitted by the Act as may be approved in writing by the Department, provided such costs are included in the definition of “cost” set forth in Section 10.1-603.16 of the Act. “Project Description” means the description of the Project to be undertaken using the grant funds made available by this Agreement, a copy of which is attached to this Agreement as Exhibit B, with such changes therein as may be approved in writing by the Authority and the Department. ARTICLE II SCOPE OF SERVICES The Grantee shall provide the services and work as set forth in the Project Description (Exhibit B) of this Agreement. All work shall be performed according to sound construction, engineering and architectural principles and commonly accepted safety standards and shall be in compliance with the requirements of the Virginia Impounding Structure Regulations (4VAC50-20). ARTICLE III TIME OF PERFORMANCE The Grantee's work on the Project shall be completed, and evidence of completion presented and a request for disbursement of grant funds made to the Department, within twelve months of the execution of this Agreement. Unless an extension is granted pursuant to Section 4.3 below, this Agreement shall terminate without notice and the Authority shall have no obligation to disburse funds hereunder, if 7.c.f Packet Pg. 105 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone -3- Grantee fails to complete the Project within the applicable timeframe and provide satisfactory evidence of same to the Authority and the Department. ARTICLE IV GRANT FUNDS Section 4.1. Amount of Grant. The Grantee shall be reimbursed grant funds for the payment of Project Costs, in an amount not to exceed 50% of the demonstrated total cost of the Project or $12,500.00, whichever is lesser, for the purposes set forth in the Project Description. Disbursement of grant funds will be in accordance with payment provisions set forth in Section 4.2. Section 4.2. Application of Grant Funds. The Grantee agrees to apply the grant funds solely and exclusively to the reimbursement of the Grantee for payment of Project Costs. The Authority, at the direction of the Department, shall disburse grant funds from the Fund to the Grantee upon receipt by the Authority and the Department of the following: (a) A requisition in the form set forth in Exhibit D and reimbursement request in the form set forth in Exhibit E, approved by the Department (upon which the Authority shall rely), signed by the Authorized Representative and containing all receipts, vouchers, statements, invoices or other evidence of the actual payment of Project Costs, along with a certification by the Consulting Engineer in the form set forth in Exhibit D to this Agreement, and all other information required by, and otherwise being in the form of, Exhibit D to this Agreement; (b) A Dam Break Inundation Zone Analysis, Mapping, and Digitization developed by the Grantee’s Consulting Engineer and approved by the Department as meeting all standards of the Virginia Impounding Structure Regulations (4 VAC50-20). Upon receipt of each such requisition and accompanying Dam Break Inundation Zone Analysis, Mapping, and Digitization, the Authority shall disburse the grant funds hereunder to the Grantee in accordance with such requisition to the extent approved by the Department. The Department shall have no obligation to approve any requisition, and the Authority shall have no obligation to disburse any such grant funds, if the Grantee is not in compliance with any of the terms of this Agreement. Section 4.3. Agreement to Accomplish Project. The Grantee agrees to cause the Project to be completed as described in Exhibit B and in accordance with plans and specifications prepared by the Grantee’s Consulting Engineer and approved by the appropriate regulatory agencies. The Grantee shall complete the Project by the date set forth in Article III unless approval for a later completion date is given by the Virginia Soil and Water Conservation Board and the Department. ARTICLE V GENERAL PROVISIONS Section 5.1. Indemnification. To the extent permitted by law, the Grantee shall indemnify and hold harmless the Authority, the Department, the Fund, and when applicable, its employees and 7.c.f Packet Pg. 106 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone -4- designated representatives, from any and all claims, suits, actions, liabilities and costs of any kind, caused by or arising out of the performance by the Grantee of its obligations under this Agreement. Nothing contained herein shall be deemed an express or implied waiver of the sovereign immunity of the Commonwealth. Section 5.2. Disclaimer. Nothing in this Agreement shall be construed as authority for either party to make commitments that will bind the other party beyond the covenants contained herein. Section 5.3. Termination. (a) The Authority may amend, modify or terminate this Agreement for any reason upon thirty (30) days written notice to the Grantee. The Grantee shall not be paid for any services rendered or expenses incurred for which funding is not authorized by any action affecting the authority of the grant from the Fund. (b) If any written or oral representation, warranty or other statement furnished or made by or on behalf of the Grantee to the Department or the Authority in connection with this Agreement or the Grantee's application for a grant from the Fund is false or misleading in any material respect, the Authority shall have the right immediately to terminate this Agreement. (c) In the event of a breach by the Grantee of this Agreement, including the Department receiving notice that the Project is not proceeding in accordance with the Project Description, the Authority shall have the right to cease any further disbursements to the Grantee until such breach is cured. In addition, the Authority may give written notice to the Grantee specifying the manner in which this Agreement has been breached and providing the Grantee thirty (30) days within which to cure the breach. If such a notice of breach is given and the Grantee has not substantially corrected the breach within 30 days of receipt of such written notice, the Authority shall have the right forthwith to terminate this Agreement. (d) In the event of a termination of this Agreement in accordance with paragraphs (b) or (c) of this Section 5.3, the Authority, at the direction of the Department, may require the Grantee to repay all grant proceeds disbursed hereunder. Section 5.4. Integration and Modification. This Agreement constitutes the entire Agreement between the Grantee and the Authority with respect to the grant. No alteration, amendment or modification in the provisions of this Agreement shall be effective unless reduced to writing, signed by both the parties and attached hereto. Section 5.5. Collateral Agreements. Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements that are made a part of this Agreement by reference or otherwise, the provisions of this Agreement shall control. Section 5.6. Non-Discrimination. In the performance of this Agreement, the Grantee warrants that it will not discriminate against any employee, or other person, on account of race, color, sex, religious creed, ancestry, age, national origin, other non job related factors or any basis prohibited by law. To the extent required by law and upon request of the Department and the Authority, the Grantee 7.c.f Packet Pg. 107 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone -5- agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Grantee shall, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that such Grantee is an equal opportunity employer; however, notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this Agreement. The Grantee shall include the provisions of the foregoing paragraphs of this section in every contract, subcontract or purchase order of over ten thousand dollars, so that such provisions will be binding upon each contractor, subcontractor or vendor. Section 5.7. Applicable Laws. This Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 5.8. Severability. Each paragraph and provision of this Agreement is severable from the entire Agreement; and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect, at the option of the Authority. Section 5.9. Contingent Fee Warranty. The Grantee warrants that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon the award or making of this Agreement. For breach of the' foregoing warranty, the Authority shall have the right to terminate this Agreement without liability, or, in its discretion, to deduct from the agreed fee, payment or consideration, or otherwise recover the full amount of said prohibited fee, commission, percentage, brokerage fee, gift, or contingent fee. Section 5.10. Conflict of Interest. The Grantee warrants that it has fully complied with the Virginia Conflict of Interest Act. Section 5.11. Records Availability. The Grantee agrees to maintain complete and accurate books and records of the Project Costs, and further, to retain all books, records, and other documents relative to this Agreement for five (5) years after final disbursement of grant proceeds, or until audited by the Commonwealth of Virginia, whichever is later. The Authority, the Department, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period. Additionally, the Authority, the Department, and/or its representatives shall have the right of access to worksites for the purpose of ensuring that the provisions of this Agreement are properly carried out and enforced. Section 5.12. Ownership of Documents. Upon the request of the Authority or the Department, the Grantee shall provide copies of any reports, studies, photographs, negatives, or other documents prepared by the Grantee in the performance of its obligations under this Agreement. Section 5.13. Notices. Unless otherwise provided for herein, all notices, approvals, consents, correspondence and other communications under this Agreement shall be in writing and shall be deemed delivered to the following: 7.c.f Packet Pg. 108 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone -6- Fund: Virginia Resources Authority, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund 1111 East Main Street, Suite 1920 Richmond, Virginia 23219 Attention: Executive Director Authority: Virginia Resources Authority 1111 East Main Street, Suite 1920 Richmond, Virginia 23219 Attention: Executive Director Department: Virginia Department of Conservation and Recreation 600 East Main Street, 24th Floor Richmond, Virginia 23219 Attention: Division Director, Dam Safety & Floodplain Management Grantee: PITTSYLVANIA COUNTY, VIRGINIA TOWN OF CHATHAM, VIRGINIA PITTSYLVANIA SWCD 1 Center Street P.O. Box 426 Chatham, VA 24531 Attention: Mr. Richard Hicks, Deputy County Administrator A duplicate copy of each notice, approval, consent, correspondence or other communications shall be given to each of the other parties named. ARTICLE VI COUNTERPARTS This Agreement may be executed in any number of Counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. 7.c.f Packet Pg. 109 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone -7- WITNESS the following signatures, all duly authorized. VIRGINIA RESOURCES AUTHORITY, AS ADMINISTRATOR OF THE DAM SAFETY, FLOOD PREVENTION AND PROTECTION ASSISTANCE FUND By: Stephanie L. Hamlett Executive Director PITTSYLVANIA COUNTY, VIRGINIA By: Name: Title: TOWN OF CHATHAM, VIRGINIA By: Name: Title: PITTSYLVANIA SWCD By: Name: Title: DSFP-12-20 7.c.f Packet Pg. 110 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone Exhibit A GRANT AUTHORIZATION Copy of the Virginia Soil and Water Conservation Board’s grant approval motion is attached. 7.c.f Packet Pg. 111 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone Virginia Soil and Water Conservation Board June 3, 2020 Approval of 2020 Dam Safety, Flood Prevention and Protection Assistance Fund Grant Projects § 10.1-603.18. Administration of the Fund. The Authority shall administer and manage the Fund, and establish the interest rates and the repayment terms of such loans as provided in this article, in accordance with a memorandum of agreement with the Director. The Director shall, after consultation with all interested parties, develop a guidance document governing project eligibility and project priority criteria, and the Director, upon approval from the Virginia Soil and Water Conservation Board, shall direct the distribution of loans and grants from the Fund to local governments and private entities. In order to carry out the administration and management of the Fund, the Authority may employ officers, employees, agents, advisers and consultants, including without limitation, attorneys, financial advisors, engineers, and other technical advisors and public accountants, and determine their duties and compensation without the approval of any other agency or instrumentality. The Authority may disburse from the Fund reasonable costs and expenses incurred in the administration and management of the Fund and may establish and collect a reasonable fee for its management services. However, any such fee shall not exceed one-eighth of one percent of any bond par, loan or grant amount. Recommended Motion: The Virginia Soil and Water Conservation Board approves the eighty-six (86) grant applications, with an approval amount of $308,168.00, as recommended by the Department. Approval of these grants is conditioned on the following: 1. All grants are made on a reimbursement basis and will be governed by a Grant Agreement developed in consultation with the Virginia Resources Authority. All applicants will be given a period of 90 days to enter into a Grant Agreement following the Agreement being sent. The Department of Conservation and Recreation (Department) is authorized to further extend this date in its discretion and following consultation with VRA. 2. All grant agreements will require that projects be completed within 12 months of the date of execution of the Agreement. Upon receipt of a written request for a project extension with a specified completion date by the Grantee to the Department with a copy to VRA, the Department is authorized to consider such request and may amend the terms of the Agreement and allow a specified extension upon the Department’s and the Authority’s written approval. Extension requests must be received by the Department not later than 90 days prior to the expiration of the original agreement or grant funds are subject to rescission at the Departments discretion. No extensions shall exceed an additional year without specific Board approval. 7.c.f Packet Pg. 112 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone 3. In the event that any of the above applicants fail to execute a Grant Agreement with VRA within 90 days of such an Agreement being sent to the applicant, the Department, in consultation with VRA, is authorized to rescind those grant funds and allocate in subsequent grant rounds. The Department is authorized to communicate this approval to the Virginia Resources Authority (VRA) so that VRA’s review of applications may proceed. The Department is also authorized to take any action necessary to proceed with the closing and administration of grants subsequent to VRA’s approval of the application. Motion made by: Gray Coyner Motion seconded by: Adam Wilson Action: Motion carried unanimously ___________________________________ ___________________________________________ Charles A. Arnanson, Chair Clyde E. Cristman, Director 7.c.f Packet Pg. 113 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone Inventory # Dam Name County/City/Town Project Type Grant Award Approved 109003 Louisa Dam Louisa County Professional Engineer Inspection 2,000.00 109003 Louisa Dam Louisa County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 009011 Buffalo River Dam #3 Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,250.00 009011 Buffalo River Dam #3 Amherst County Professional Engineer Inspection 3,000.00 143019 Elkhorn Dam Pittsylvania County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 107014 Gore Dam Loudoun County Professional Engineer Inspection 1,500.00 143019 Elkhorn Dam Pittsylvania County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,330.00 143002 Cherrystone Creek Dam # 1 Pittsylvania County Dam Break Inundation Zone Analysis, Mapping, and Digitization 15,000.00 143002 Cherrystone Creek Dam # 1 Pittsylvania County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 143003 Cherrystone Creek Dam # 2A Pittsylvania County Dam Break Inundation Zone Analysis, Mapping, and Digitization 12,500.00 143003 Cherrystone Creek Dam # 2A Pittsylvania County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 109039 Willow Ridge Dam Louisa County Dam Break Inundation Zone Analysis, Mapping, and Digitization 4,250.00 109039 Willow Ridge Dam Louisa County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)750.00 041029 Woodland Pond Chesterfield County Professional Engineer Inspection 1,790.00 153026 New Bristow Village Regional SWM Facility Dam Prince William County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 153026 New Bristow Village Regional SWM Facility Dam Prince William County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,650.00 075027 Reservoir # 2 Goochland County Probable Maximum Precipitation Impact Analysis and Certification 3,750.00 075027 Reservoir # 2 Goochland County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 075027 Reservoir # 2 Goochland County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 075027 Reservoir # 2 Goochland County Professional Engineer Inspection 2,000.00 125002 Lake Monocan Dam Nelson County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 107036 Hope Parkway Dam Loudoun County Professional Engineer Inspection 2,000.00 009008 Graham Creek Res. Dam #1 Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,250.00 085016 Lake Ivanhoe Dam Hanover County Dam Break Inundation Zone Analysis, Mapping, and Digitization 5,550.00 009018 Winton Country Club Dam Amherst County Professional Engineer Inspection 3,000.00 009024 Buffalo River Dam #4A Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,250.00 009024 Buffalo River Dam #4A Amherst County Professional Engineer Inspection 3,000.00 003173 Mink Creek Dam Albemarle County Professional Engineer Inspection 3,000.00 800009 Izaak Walton Dam City of Suffolk Dam Break Inundation Zone Analysis, Mapping, and Digitization 1,524.50 800009 Izaak Walton Dam City of Suffolk Probable Maximum Precipitation Impact Analysis and Certification 245.00 800009 Izaak Walton Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)245.00 800009 Izaak Walton Dam City of Suffolk Professional Engineer Inspection 485.50 810005 Lake Smith Dam City of Virginia Beach Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,588.00 810006 Little Creek Reservoir Dam City of Virginia Beach Dam Break Inundation Zone Analysis, Mapping, and Digitization 13,944.00 710002 Lake Whitehurst Dam City of Norfolk Dam Break Inundation Zone Analysis, Mapping, and Digitization 13,944.00 800003 Lake Burnt Mills Dam City of Suffolk Dam Break Inundation Zone Analysis, Mapping, and Digitization 13,944.00 009031 Greif Aeration Pond Dam Amherst County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,125.00 009031 Greif Aeration Pond Dam Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,500.00 009028 Greif Holding Pond Dam Amherst County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,125.00 009028 Greif Holding Pond Dam Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,500.00 009029 Greif Sludge Pond #2 Dam Amherst County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 009029 Greif Sludge Pond #2 Dam Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,500.00 009030 Greif Sludge Pond #3 Dam Amherst County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 009030 Greif Sludge Pond #3 Dam Amherst County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,500.00 041042 Lake Patrick Henry Dam Chesterfield County Dam Break Inundation Zone Analysis, Mapping, and Digitization 5,800.00 EXHIBIT A DEPARTMENT OF CONSERVATION AND RECREATION DAM SAFETY, FLOOD PREVENTION AND PROTECTION ASSISTANCE FUND 2020 COMPETITIVE GRANT AWARDS 1 7.c.f Packet Pg. 114 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone Dams #1 and Inventory # Dam Name County/City/Town Project Type Grant Award Approved 145088 Butterwood Dam Powhatan County Professional Engineer Inspection 550.00 075003 Dover Lake Dam Goochland County Probable Maximum Precipitation Impact Analysis and Certification 2,500.00 153031 Potomac Club Regional Pond Dam Prince William County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,070.00 800001 Lake Cohoon Dam City of Suffolk Professional Engineer Inspection 777.50 800001 Lake Cohoon Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,515.00 800002 Lake Kilby Dam City of Suffolk Professional Engineer Inspection 705.00 800002 Lake Kilby Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,515.00 800013 Lake Meade Dam City of Suffolk Professional Engineer Inspection 777.50 800013 Lake Meade Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,515.00 800010 Speight's Run Dam City of Suffolk Professional Engineer Inspection 705.00 800010 Speight's Run Dam City of Suffolk Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)2,515.00 800023 Lake Kilby Water Treatment Plant Sludge Lagoon Dam City of Suffolk Professional Engineer Inspection 705.00 075025 Lake Dillon Dam Goochland County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 019005 Bedford Lake Dam Bedford County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,500.00 019005 Bedford Lake Dam Bedford County Professional Engineer Inspection 800.00 019005 Bedford Lake Dam Bedford County Probable Maximum Precipitation Impact Analysis and Certification 1,000.00 CID510007 N/A; Floodplain Project Town of Scottsville Developing flood warning and response systems 10,515.00 003071 Old Trail Dam #2 Albemarle County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 107039 Brambleton Land Bay 3 Pond 6 Dam Loudoun County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)3,000.00 079013 Twin Lakes Dam #3 Greene County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,250.00 079012 Twin Lakes Dam #1 Greene County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,250.00 079011 Twin Lakes Dam #2 Greene County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,250.00 145008 Shawnee Dam #1 Powhatan County Professional Engineer Inspection 950.00 003004 Montfair West Dam Albemarle County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,000.00 003004 Montfair West Dam Albemarle County Dam Break Inundation Zone Analysis, Mapping, and Digitization 4,000.00 145088 Butterwood Dam Powhatan County Dam Break Inundation Zone Analysis, Mapping, and Digitization 5,650.00 145088 Butterwood Dam Powhatan County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)625.00 113018 DT Wade Dam Madison County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,000.00 113018 DT Wade Dam Madison County Dam Break Inundation Zone Analysis, Mapping, and Digitization 6,000.00 111003 Modest Creek Dam Lunenburg County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 111003 Modest Creek Dam Lunenburg County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,646.00 111003 Modest Creek Dam Lunenburg County Professional Engineer Inspection 2,000.00 111004 Lunenburg Beach Dam Lunenburg County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 111004 Lunenburg Beach Dam Lunenburg County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,646.00 111004 Lunenburg Beach Dam Lunenburg County Professional Engineer Inspection 2,000.00 111005 Nottoway Falls Dam Lunenburg County Dam Break Inundation Zone Analysis, Mapping, and Digitization 7,500.00 111005 Nottoway Falls Dam Lunenburg County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)1,646.00 111005 Nottoway Falls Dam Lunenburg County Professional Engineer Inspection 2,000.00 145016 Lake Shawnee Dam #3 Powhatan County Professional Engineer Inspection 950.00 145018 Lake Shawnee Dam #2 Powhatan County Professional Engineer Inspection 950.00 107036 Hope Parkway Dam Loudoun County Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan)900.00 $308,168.00 2 7.c.f Packet Pg. 115 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone Dams #1 and Exhibit B PROJECT DESCRIPTION The Project shall consist of the development of a Dam Break Inundation Zone Analysis, Mapping, and Digitization for Cherrystone Creek Dam #2A, to be approved by the Department as meeting all standards of the Virginia Soil and Water Conservation Board’s Virginia Impounding Structure Regulations (4VAC50-20). 7.c.f Packet Pg. 116 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone Exhibit C PROJECT BUDGET ACTIVITY ESTIMATED TOTAL COST ESTIMATED FUNDING FROM GRANT ESTIMATED FUNDING FROM OTHER SOURCES A Dam Break Inundation Zone Analysis, Mapping, and Digitization $25,000.00 $12,500.00 $12,500.00 (to be paid in full by Grantee) 7.c.f Packet Pg. 117 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone Exhibit D FORM OF REQUISITION [Date] Division Director, Dam Safety & Floodplain Management Department of Conservation and Recreation 600 E. Main Street, 24th Floor Richmond, Virginia 23219 Re: Dam Safety, Flood Prevention and Protection Assistance Fund PITTSYLVANIA COUNTY, VIRGINIA TOWN OF CHATHAM, VIRGINIA PITTSYLVANIA SWCD - DSFP-12-20 Dam Name: Cherrystone Creek Dam # 2A Inventory Number: 143003 Dear Division Director: This requisition, Number ___, is submitted in connection with the Grant Agreement dated as of July 1, 2020 (the “Grant Agreement”) between the Virginia Resources Authority, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund (the “Fund”), and PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM, VIRGINIA AND PITTSYLVANIA SWCD, a Local Government (the “Grantee”). Unless otherwise defined in this requisition, all capitalized terms used herein shall have the meaning set forth in Article I of the Grant Agreement. The undersigned Authorized Representative of the Grantee hereby requests disbursement of grant proceeds under the Grant Agreement in the amount of $___________, for the purposes of reimbursement of the Project Costs associated with the completion of a Dam Break Inundation Zone Analysis, Mapping, and Digitization, which is submitted herewith. Additionally, enclosed is the reimbursement request form set forth in Exhibit E of this Agreement, invoices relating to the items for which payment is requested and a certification by the Consulting Engineer as to the performance of the work and receipt of payment. The undersigned certifies that (a) the amounts requested by this requisition will be applied solely and exclusively to the reimbursement of the Grantee for the payment, of Project Costs, and (b) any materials, supplies or equipment covered by this requisition are not subject to any lien or security interest or such lien or security interest will be released upon payment of the requisition. Sincerely, ___________________________________________ (Authorized Representative of the Grantee) 7.c.f Packet Pg. 118 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone CERTIFICATE OF THE CONSULTING ENGINEER FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT DSFP-12-20 This Certificate is being executed and delivered in connection with Requisition dated ___________, 20__, submitted by PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM, VIRGINIA AND PITTSYLVANIA SWCD (the “Grantee”), pursuant to the Grant Agreement dated as of July 1, 2020 (the “Grant Agreement”) between the Virginia Resources Authority, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund, and the Grantee. Capitalized terms used herein shall have the same meanings set forth in Article I of the Grant Agreement referred to in the Requisition. The undersigned Consulting Engineer for the Grantee hereby certifies to the Virginia Resources Authority, as Administrator of the Dam Safety, Flood Prevention and Protection Assistance Fund, that insofar as the amounts covered by this Requisition include payments for labor, such work was actually performed and payment for such work has been received in full. Project deliverable__________________________________________________________________________ Total amount billed for this Project deliverable____________________________________________________ ____________________________________ __________________________________ Dam Name (if applicable) Signature Consulting Engineer ____________________________________ __________________________________ Inventory No. (if applicable) Date ---------------------------------------------------------------------------------------------------------------------------------------------------- Internal Use Only (to be completed by the DCR Dam Safety Regional Engineer upon receipt of signed Form of Requisition, signed Certificate of Consulting Engineer, and any additional documents required to provide certification): The undersigned DCR Dam Safety Regional Engineer certifies that the Project, as described in Exhibit B of the Grant Agreement, has been completed, meets the requirements of the Dam Safety regulations, and is eligible for disbursement. __________________________________________ Signature DCR DS Regional Engineer __________________________________________ Date ----------------------------------------------------------------------------------------------------------------------------------------------------- Total Project Costs submitted by Grantee for reimbursement: $____________. Grant Amount authorized by the Grant Agreement: $12,500.00 or 50% of the Total Project Costs, whichever is lesser The undersigned DCR authorized representative recommends the disbursal of $_______________ be made to PITTSYLVANIA COUNTY, VIRGINIA, TOWN OF CHATHAM, VIRGINIA AND PITTSYLVANIA SWCD. _________________________________________________ Signature DCR Authorized Representative _________________________________________________ Printed Name and Title _________________________________________________ Date 7.c.f Packet Pg. 119 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone Reimbursement Request Form Page 1 Exhibit E Reimbursement Request Form [Date] Virginia Department of Conservation and Recreation Dam Safety, Flood Prevention and Protection Assistance Fund Grant Program All projects are required to commence and to be completed after the beginning of the application period and not later than 12-months of an executed agreement or by an approved extension date, if applicable. Grant funds will be disbursed on a reimbursement basis after the completion of the approved project. Reimbursement requests must be submitted within 90 days following passage of the authorized project completion date and only after the recipient has received written project approval from the Regional Dam Safety Engineer or DCR Floodplain Management staff. Requests for reimbursement, along with all supporting documentation, should be emailed to dam@dcr.virginia.gov. If email is not available, please mail to: Virginia Department of Conservation and Recreation Attention: Dam Safety, Flood Prevention and Protection Assistance Fund Division of Dam Safety and Floodplain Management 600 East Main Street, 24th Floor Richmond, Virginia 23219 Grant Recipient: ________________________________________________________________ Contact Name: _________________________________________________________________ Mailing Address (1): _____________________________________________________________ Mailing Address (2): _____________________________________________________________ City: ____________________________ State: _________________ Zip: ___________________ Is this a new address? □ Yes □ No Has the Contact Name changed? □ Yes □ No Telephone Number: (____) ________________ Cell Phone Number: (____) _________________ Email Address: _________________________________________________________________ Title of Project: _________________________________________________________________ Type of Project (Check one): □ Dam Safety □ Flood Prevention and Protection 7.c.f Packet Pg. 120 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone Reimbursement Request Form Page 2 Grant Number: ________________________ NFIP CID (If Applicable): ___________________ Dam Name (If Applicable): ____________ Dam Inventory Number (If Applicable): ___________ Approved Grant End Date: ____________________ Total Cost of Project: __________________ Total Amount Awarded: _____________ Amount Requested for Reimbursement: ____________ Required Attachments for Reimbursement All Projects Types  Is the signed Form of Requisition from the grant agreement attached? □ Yes □ No  Are proof of payment (cancelled checks, bank statements, accounting system reports etc.) and related invoices attached? □ Yes □ No Dam Safety Projects  Is the Certificate of the Consulting Engineer Form attached? □ Yes □ No □ N/A  Has the attached Certificate of the Consulting Engineer Form been reviewed and approved by the appropriate DCR Dam Safety Regional Engineer? □ Yes □ No □ N/A  If not currently under a Regular or Conditional Operation and Maintenance Certificate, is the Operation and Maintenance Certificate application (Form DCR199-099) and appropriate fee (Form DCR199-192) enclosed? □ Yes □ No □ N/A  If the project was awarded for DBIZ Analysis, Mapping, and Digitization, or for EAP Development, the map has been filed with the local planning department and the EAP with the local emergency management coordinator and the Virginia Department of Emergency Management □ Yes □ No □ N/A Flood Prevention and Protection Projects  Is the Floodplain Certification attached? □ Yes □ No □ N/A  Has the attached Floodplain Certification been reviewed and approved by DCR Floodplain Management staff? □ Yes □ No □ N/A Authorized Signature: ____________________________________ Date: __________________ Printed Name: ________________________________ Title: _____________________________ 7.c.f Packet Pg. 121 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone Reimbursement Request Form Page 3 DCR Use Only: Approval Amount to be Reimbursed: __________________________ Authorized Signature: ____________________________________ Date: __________________ Printed Name: ________________________________ Title: _____________________________ DCR Use Only: Denial Authorized Signature: ____________________________________ Date: __________________ Printed Name: ________________________________ Title: _____________________________ Reason for Denial: ______________________________________________________________ 7.c.f Packet Pg. 122 Attachment: DSFP-12-20 - PITTSYLVANIA - CHATHAM - PSWCD - CHERRYSTONE CREEK DAM #2A - GRANT AGREEMENT (2123 : Cherrystone Matthew J. Strickler Secretary of Natural Resources Clyde E. Cristman Director Rochelle Altholz Deputy Director of Administration and Finance Russell W. Baxter Deputy Director of Dam Safety & Floodplain Management and Soil & Water Conservation Thomas L. Smith Deputy Director of Operations 600 East Main Street, 24th Floor | Richmond, Virginia 23219 | 804-786-6124 State Parks • Soil and Water Conservation • Outdoor Recreation Planning Natural Heritage • Dam Safety and Floodplain Management • Land Conservation July 1, 2020 Richard Hicks, Deputy County Administrator Pittsylvania County 1 Center Street P.O. Box 426 Chatham, VA 24531 Re: Dam Safety, Flood Prevention and Protection Assistance Fund (DSFPPAF) 2020 Grant Application; Grant Number DSFP-13-20 Grant Number: DSFP-13-20 Dam Name: Cherrystone Creek Dam # 2A, Inventory No. 143003 Applicant: Pittsylvania County, Town of Chatham, Pittsylvania SWCD Total Project Cost $8,000.00, Grant Amount Requested $4,000.00 Project Type: Emergency Plan Development (EAP Emergency Action Plan or EPP Emergency Preparedness Plan) Dear Mr. Hicks: Congratulations! Based on Department of Conservation and Recreation’s (DCR) review and assessment of your application, your project was approved for funding by the Virginia Soil and Water Conservation Board on June 3, 2020. The total funds awarded from the DSFPPAF is $3,000.00. Terms, condition(s) or adjustments that apply to your award or that must be satisfied prior to reimbursement are as follows: • Funding reduced to align with similarly awarded projects. Please review the agreement documents emailed or enclosed with this communication as well as the grant manual used for application for important guidance information. Of particular note are the following requirements: 1. Virginia Resources Authority (VRA) will email Grant Agreements to recipients using the email address provided in the original application. If no email address is provided, the Grant Agreements will be sent via U.S. mail. Recipients shall return the signed Grant Agreement within 90 days of receipt to: Address: Kimberly S. Adams Virginia Resources Authority 1111 E. Main Street, Suite 1920 Richmond, VA 23219 kadams@virginiaresources.org (804) 616-3449 7.c.g Packet Pg. 123 Attachment: DSFP-13-20 DCR AWARD LTR - CHATHAM - CHERRYSTONE CREEK DAM #2A (2123 : Cherrystone Dams #1 and #2A State Grant VRA will return the executed signature page to you via email unless otherwise requested. Grant agreements not signed and returned within 90 days will have all funds rescinded without further notice. 2. Grant funds shall be disbursed on a reimbursement basis only. All requests for disbursement shall be delivered to DCR for approval according to the reimbursement terms of the grant manual. The grant manual may be found at https://www.dcr.virginia.gov/dam-safety-and-floodplains/dsfpm-grants. DCR shall forward the approved request to VRA for payment to the applicant. VRA will not disburse funds prior to receipt of a fully executed Grant Agreement. 3. All projects are required to be completed within the twelve months following the issuance of a signed agreement or within the approved extension period if applicable. Grant funds will be disbursed on a reimbursement basis after the completion of the approved project. Reimbursement requests must be submitted within 90 days following passage of the authorized project completion date and only after the recipient has submitted the engineering work to the Regional Dam Safety Engineer for approval or to DCR Floodplain Management if a flood prevention project. Projects not completed and without an authorized extension will have all funds rescinded without further notice. 4. All dam safety grant deliverables must be submitted through the Dam Safety Inventory System (DSIS). DSIS forms and data are located at https://www.dcr.virginia.gov/dam-safety-and-floodplains/ds-dsis 5. No project will be reimbursed without an active Regular or Conditional Operation and Maintenance Certificate. 6. Requests for reimbursement for Dam Break Inundation Zone Analysis, Mapping, and Digitization (DBIZ) and Emergency Action or Preparedness Plan Development (EAP/EPP), must include proof the DBIZ has been filed with the local planning department and the EAP/EPP with the local emergency management coordinator and the Virginia Department of Emergency Management. No reimbursement will be provided without this proof of filing. Again, congratulations on your selection as a grantee of the DSFPPAF. Should you have any questions, please feel free to contact me at (804) 786-5099 or Wendy.Howard-Cooper@dcr.virginia.gov. Sincerely, Wendy Howard Cooper Director, Dam Safety and Floodplain Management cc: Russell W. Baxter, Deputy Director, DCR Kimberly S. Adams, Senior Program Manager, VRA Steven Bricker, P.E., DCR 7.c.g Packet Pg. 124 Attachment: DSFP-13-20 DCR AWARD LTR - CHATHAM - CHERRYSTONE CREEK DAM #2A (2123 : Cherrystone Dams #1 and #2A State Grant Matthew J. Strickler Secretary of Natural Resources Clyde E. Cristman Director Rochelle Altholz Deputy Director of Administration and Finance Russell W. Baxter Deputy Director of Dam Safety & Floodplain Management and Soil & Water Conservation Thomas L. Smith Deputy Director of Operations 600 East Main Street, 24th Floor | Richmond, Virginia 23219 | 804-786-6124 State Parks • Soil and Water Conservation • Outdoor Recreation Planning Natural Heritage • Dam Safety and Floodplain Management • Land Conservation July 1, 2020 Richard Hicks, Deputy County Administrator Pittsylvania County, Town of Chatham, Pittsylvania SWCD 1 Center Street P.O. Box 426 Chatham, VA 24531 Re: Dam Safety, Flood Prevention and Protection Assistance Fund (DSFPPAF) 2020 Grant Application; Grant Number DSFP-12-20 Grant Number: DSFP-12-20 Dam Name: Cherrystone Creek Dam # 2A, Inventory No. 143003 Applicant: Pittsylvania County, Town of Chatham, Pittsylvania SWCD Total Project Cost $25,000.00, Grant Amount Requested $12,500.00 Project Type: Dam Break Inundation Zone Analysis, Mapping, and Digitization Dear Mr. Hicks: Congratulations! Based on Department of Conservation and Recreation’s (DCR) review and assessment of your application, your project was approved for funding by the Virginia Soil and Water Conservation Board on June 3, 2020. The total funds awarded from the DSFPPAF is $12,500.00. Terms, condition(s) or adjustments that apply to your award or that must be satisfied prior to reimbursement are as follows: • None Please review the agreement documents emailed or enclosed with this communication as well as the grant manual used for application for important guidance information. Of particular note are the following requirements: 1. Virginia Resources Authority (VRA) will email Grant Agreements to recipients using the email address provided in the original application. If no email address is provided, the Grant Agreements will be sent via U.S. mail. Recipients shall return the signed Grant Agreement within 90 days of receipt to: Address: Kimberly S. Adams Virginia Resources Authority 1111 E. Main Street, Suite 1920 Richmond, VA 23219 kadams@virginiaresources.org (804) 616-3449 7.c.h Packet Pg. 125 Attachment: DSFP-12-20 DCR AWARD LTR - CHATHAM - CHERRYSTONE CREEK DAM #2A (2123 : Cherrystone Dams #1 and #2A State Grant VRA will return the executed signature page to you via email unless otherwise requested. Grant agreements not signed and returned within 90 days will have all funds rescinded without further notice. 2. Grant funds shall be disbursed on a reimbursement basis only. All requests for disbursement shall be delivered to DCR for approval according to the reimbursement terms of the grant manual. The grant manual may be found at https://www.dcr.virginia.gov/dam-safety-and-floodplains/dsfpm-grants. DCR shall forward the approved request to VRA for payment to the applicant. VRA will not disburse funds prior to receipt of a fully executed Grant Agreement. 3. All projects are required to be completed within the twelve months following the issuance of a signed agreement or within the approved extension period if applicable. Grant funds will be disbursed on a reimbursement basis after the completion of the approved project. Reimbursement requests must be submitted within 90 days following passage of the authorized project completion date and only after the recipient has submitted the engineering work to the Regional Dam Safety Engineer for approval or to DCR Floodplain Management if a flood prevention project. Projects not completed and without an authorized extension will have all funds rescinded without further notice. 4. All dam safety grant deliverables must be submitted through the Dam Safety Inventory System (DSIS). DSIS forms and data are located at https://www.dcr.virginia.gov/dam-safety-and-floodplains/ds-dsis 5. No project will be reimbursed without an active Regular or Conditional Operation and Maintenance Certificate. 6. Requests for reimbursement for Dam Break Inundation Zone Analysis, Mapping, and Digitization (DBIZ) and Emergency Action or Preparedness Plan Development (EAP/EPP), must include proof the DBIZ has been filed with the local planning department and the EAP/EPP with the local emergency management coordinator and the Virginia Department of Emergency Management. No reimbursement will be provided without this proof of filing. Again, congratulations on your selection as a grantee of the DSFPPAF. Should you have any questions, please feel free to contact me at (804) 786-5099 or Wendy.Howard-Cooper@dcr.virginia.gov. Sincerely, Wendy Howard Cooper Director, Dam Safety and Floodplain Management cc: Russell W. Baxter, Deputy Director, DCR Kimberly S. Adams, Senior Program Manager, VRA Steven Bricker, P.E., DCR 7.c.h Packet Pg. 126 Attachment: DSFP-12-20 DCR AWARD LTR - CHATHAM - CHERRYSTONE CREEK DAM #2A (2123 : Cherrystone Dams #1 and #2A State Grant Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2020-08-01 (VDOT Road Distance Changes) Adoption (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: August 18, 2020 Item Number: 7.d Attachment(s): 2020-08-01 VDOT Road Distance Changes Reviewed By: SUMMARY: County Staff was contacted by the Virginia Department of Transportation (“VDOT”) regarding three (3) roads within the County where the actual length of the road does not match the official length on VDOT records. Accordingly, VDOT is requesting that the Board consider abandoning a small portion of reach road to promote more accurate records. The roads for the proposed abandonment are as follows: (1) Rt. 916, .20 miles to be abandoned; (2) Rt. 684 (Jay Bird Lane), .10 miles to be abandoned; and (3) Rt. 755 (Mercury Road), .21 miles to be abandoned. County Staff has determined that no public necessity exists for the continuation of the above portions of public roads. At the Board’s May 19, 2020 Business Meeting, the Board determined that no public necessity exists for the properties and authorized County Staff to send a Notice of Intent to Abandon the same to the VDOT Commissioners, post notice of same for a thirty (30) day period, and run newspaper ads as required by Virginia Code § 33.2-909. These items have been completed and no objections have been received. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve Resolution # 2020-08-01 as presented. MOTION: “I make a Motion to approve Resolution # 2020-08-01 as presented.” 7.d Packet Pg. 127 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2020-08-01 REQUEST TO ABANDON PORTIONS OF SECONDARY ROADS IN COUNTY ______________________________________________________________________________ The Pittsylvania County Board of Supervisors ( “B o a rd ” ), at its August 18, 2020, Business Meeting, adopted the following Resolution: WHEREAS, Public Notice was posted as prescribed under § 33.2-909, Code of Virginia, 1950, as amended, announcing the Board’s intent to abandon the portions of roads described below from the secondary system of state highways, and offering to hold a Public Hearing on the same, if so requested by any interested party; and WHEREAS, the Commissioner of the Virginia Department of Transportation (“VDOT”) was provided the prescribed notice of this Board's intent to abandon the subject sections of roads as unanimously determined at its May 19, 2020, Business Meeting; and WHEREAS, no person requested a public hearing on this matter during the statutory posting Notice Period; and WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of t h e f o l l o w i n g p o r t i o n s o f s e c o n d a r y r o a d s : (1) Rt. 916, .20 miles to be abandoned; (2) Rt. 684 (Jay Bird Lane), .10 miles to be abandoned; and (3) Rt. 755 (Mercury Road), .21 miles to be abandoned, and hereby deems that said sections of roads are no longer necessary as a part of the secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above-described sections of roads and removes it from the secondary system of state highways, subject to VDOT approval, pursuant to § 33.2-909, Code of Virginia, 1950, as amended; and NOW, THEREFORE, BE IT RESOLVED, this Board requests t hat VDOT abandon the portions of the secondary system of state highways identified above, pursuant to §33.1-229, Code of Virginia, 19 50, as am end ed; and BE IT FURTHER RESOLVED, that a certified copy of this Resolution is forwarded to VDOT. Given under my hand this 18th day of August, 2020. ____________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors 7.d.a Packet Pg. 128 Attachment: 2020-08-01 VDOT Road Distance Changes (2129 : Resolution # 2020-08-01 (VDOT Road Distance Changes) Adoption (Staff ATTEST: ____________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.d.a Packet Pg. 129 Attachment: 2020-08-01 VDOT Road Distance Changes (2129 : Resolution # 2020-08-01 (VDOT Road Distance Changes) Adoption (Staff Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2020-08-02 (SVMP Site Improvement Grant #2 Support) Adoption (Staff Contact: Matthew D. Rowe) Staff Contact(s): Matthew D. Rowe Agenda Date: August 18, 2020 Item Number: 7.e Attachment(s): 2020-08-02 SVMP Reviewed By: SUMMARY: For the Board’s review and consideration, attached is Resolution # 2020-08-02, detailing support for a potential Grant request of $1,262,201 to the Southside Economic Development Tobacco Commission for site grading and improvements for Lot 2 at the Southern Virginia Multimodal Park (“SVMP”) for a 50-acre graded pad in the vicinity of the previous Burlington Industries Distribution Facility. This Project will be a joint effort with the City of Danville, Virginia, and the Town of Hurt, Virginia. According to the Staunton River RIFA (“SR RIFA”) Cost-Revenue Sharing Agreement, the County will apply for and fund up to 65% (utilizing its Southside Economic Development Fund allocation and match) and Danville will apply for and fund the remaining 35% (utilizing its Southside Economic Development Fund allocation and match). Given the recent announcement of Staunton River Plastics, LLC, on the pad site along Main Street in Hurt, this Project will result in a new 50-acre site to market to prospective clients. SR RIFA is already in advanced stages of discussions with several prospects interested in the potential future site. FINANCIAL IMPACT AND FUNDING SOURCE: If the above-referenced Grant Application is successful, the County will be required to provide a one(1)-to-one (1) match for the Grant Application and Project. RECOMMENDATION: County Staff recommends adoption of Resolution # 2020-08-02 as presented. MOTION: “I make a motion to adopt Resolution # 2020-08-02 as presented.” 7.e Packet Pg. 130 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2020-08-02 VIRGINIA TOBACCO INDEMNIFICATION AND COMMUNITY REVITALIZATION COMMISSION GRANT APPLICATION AND PROJECT SUPPORT __________________________________________________________________________________________ WHEREAS, at the Business Meeting of the Pittsylvania County Board of Supervisors (“Board”) held on Tuesday, August 18, 2020, in the Gallery Room of the Chatham Community Center, the following Resolution was presented and adopted: WHEREAS, the Virginia Tobacco Indemnification and Community Revitalization Commission (“Tobacco Commission”) was created to help foster economic development and improved infrastructure development in the tobacco dependent communities of Southwest and Southside Virginia; and WHEREAS, the Board desire to submit a Grant Application for $1,262,201 to the Tobacco Commission from the “Southside Economic Development Grant Fund” due by July 25, 2020. NOW THEREFORE, BE IT HEREBY RESOLVED, that the Board does hereby support a Grant Application to the Tobacco Commission to provide funds for needed sitework, including grading and infrastructure improvements, to help recruit companies to locate on the top pad site, Lot 2 at the Southern Virginia Multimodal Park; and BE IT FURTHER RESOLVED, that the Board does hereby authorize the County Administrator, or his designee, to execute the Application, and sign all necessary Loan documents, reports, and contract. Given under my hand this 18th day of August, 2020. __________________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.e.a Packet Pg. 131 Attachment: 2020-08-02 SVMP (2118 : Resolution # 2020-08-02 (SVMP Site Improvement Grant #2 Support) Adoption (Staff Contact: Matthew D) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2020-08-04 (Acceptance and Acknowledgment of PCSA Dissolution/Termination Intention) Adoption (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: August 18, 2020 Item Number: 7.f Attachment(s): 2020-08-04 BOS PCSA Dissolution Resolution 2020-08-01 Service Authority Resolution Reviewed By: SUMMARY At its Regular Monthly Meeting on August 18, 2020, the Pittsylvania County Service Authority (“Authority”) passed Resolution # 2020-08-01 (“Authority Resolution”), attached. In the Authority Resolution, the Authority, as required by Virginia Code, notified the Board of its intention, on or before June 30, 2021, to dissolve and/or terminate its existence due to the County’s creation of a Public Works Department. The Authority Resolution also detailed other actions required to dissolve/terminate the Authority. In proposed Resolution # 2020-08-04, attached, the Board supports the Authority Resolution and its intent to dissolve/terminate on or before June 30, 2021. Moreover, the Board agrees to take any all necessary further steps, including but not limited to the assumption of all Authority debt (if any) and the acceptance of all Authority assets during the corporate unwinding process, to support the Authority’s dissolution/termination; thereby, promoting the County’s best interests by reducing redundancy/duplicative services, promoting greater operational efficiency and transparency, and better promoting its goal to be the best stewards possible of County taxpayer resources. FINANCIAL IMPACT None (at this time). RECOMMENDATION County Staff recommends the Board adopt Resolution # 2020-08-04 as presented.” MOTION “I make a Motion to adopt Resolution # 2020-08-04 as presented.” 7.f Packet Pg. 132 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2020-08-04 BOARD’S ACCEPTANCE AND ACKNOWLEDGMENT OF AUTHORITY’S TERMINATION AND DISSOLUTION INTENTION ______________________________________________________________________________ The Pittsylvania County Board of Supervisors (“Board”), at its August 18, 2020, Business Meeting, adopted the following Resolution: WHEREAS, at its June 16, 2020, Regular Monthly Meeting, the Pittsylvania County Service Authority (“Authority”) unanimously passed a Resolution determining, per Virginia Code § 15.2-5109, effective on or before June 30, 2021, that the Authority should be terminated and dissolved, because its functions have been taken over by Pittsylvania County, Virginia’s (“County”), creation of a Public Works Department; and WHEREAS, in the same Resolution, the Authority, as also required by Virginia Code § 15.2-5109, formally requested the County, on or before June 30, 2021, to assume all the Authority’s outstanding debt (if any); and WHEREAS, in the same Resolution, the Authority directed Authority Staff, on or before June 30, 2021, to commence the process of winding its activities and distributing its assets to the County; and WHEREAS, in the same Resolution, as required by Virginia Code § 15.2-5109, the Authority directed its Legal Counsel, on or before June 30, 2021, to file Articles of Dissolution and Articles of Termination of Corporate Existence for the Authority with the State Corporation Commission; and WHEREAS, finally, in the same Resolution, the Authority, on or before June 30, 2021, requested its Legal Counsel to request the Board advertise and conduct a public hearing to remove Chapter 21, Article I, of the Pittsylvania County Code (“PCC”), related to establishment of the Authority. NOW THEREFORE, BE IT RESOLVED, the Board fully and completely acknowledges, accepts, and approves of the dissolution/termination steps outlined in the Authority’s Resolution; and BE IT ALSO RESOLVED, that the Board, as required by Virginia Code, on or before June 30, 2021, will assume all the Authority’s outstanding debts (if any), will take the necessary and appropriate steps to revised the PCC to remove the Authority therefrom, and will accept any and all Authority assets during the unwinding process; and BE IT FINALLY RESOLVED, that the Board will take any all necessary further steps to support the Authority’s dissolution/termination; thereby, promoting the County’s best interests by 7.f.a Packet Pg. 133 Attachment: 2020-08-04 BOS PCSA Dissolution Resolution (2124 : Resolution # 2020-08-04 (Acceptance and Acknowledgment of PCSA reducing redundancy/duplicative services, promoting greater operational efficiency and transparency, and better promoting its goal to be the best stewards possible of County taxpayer resources. Given under my hand this 18th day of August, 2020. _________________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors ATTEST: __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.f.a Packet Pg. 134 Attachment: 2020-08-04 BOS PCSA Dissolution Resolution (2124 : Resolution # 2020-08-04 (Acceptance and Acknowledgment of PCSA PITTSYLVANIA COUNTY SERVICE AUTHORITY RESOLUTION 2020-08-01 AUTHORITY’S TERMINATION AND DISSOLUTION INTENTION DETERMINATION ______________________________________________________________________________ The Pittsylvania County Service Authority (“Authority”), at its August 18, 2020, Regular Monthly Meeting, adopted the following Resolution: WHEREAS, per Virginia Code § 15.2-5109, the Authority determines, effective on or before June 30, 2021, that it should be terminated and dissolved, because its functions have been taken over by Pittsylvania County, Virginia’s (“County”), creation of a Public Works Department; and WHEREAS, as also required by Virginia Code § 15.2-5109, the Authority formally requests the County, on or before June 30, 2021, to assume all its outstanding debt (if any). NOW, THEREFORE, BE IT RESOLVED, that the Authority directs Authority Staff, on or before June 30, 2021, to commence the process of winding its activities and distributing its assets to the County; and BE IT FURTHER RESOLVED, as required by Virginia Code § 15.2-5109, that the Authority directs its Legal Counsel, on or before June 30, 2021, to file Articles of Dissolution and Articles of Termination of Corporate Existence for the Authority with the State Corporation Commission; and BE IT FINALLY RESOLVED, that the Authority, on or before June 30, 2021, requests its Legal Counsel to request the County’s Board of Supervisors advertise and conduct a public hearing to remove Chapter 21, Article I, of the Pittsylvania County Code, related to establishment of the Authority. Given under my hand this 18th day of August, 2020. _________________________________________ Dr. Charles H. Miller, Jr., Chairman Pittsylvania County Service Authority ATTEST: __________________________________________ David M. Smitherman, Chief Administrative Officer Pittsylvania County Service Authority 7.f.b Packet Pg. 135 Attachment: 2020-08-01 Service Authority Resolution (2124 : Resolution # 2020-08-04 (Acceptance and Acknowledgment of PCSA Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Award of Roll Off Truck Purchase Approval (Staff Contact: Connie M. Gibson) Staff Contact(s): Connie M. Gibson Agenda Date: August 18, 2020 Item Number: 7.g Attachment(s): Copy of bid sheet Acceptance and Award-National Auto 081716 Reviewed By: SUMMARY: The County’s Purchasing Department received four (4) quotes from its IFB for a roll off truck (“truck”) with immediate delivery. The low bid was $152,501.00 from National Auto Fleet Group using the cooperative Sourcewell Contract # 08176-NAF. The County plans to include the five (5)-year extended warranty for $2,762.00. For the Board’s review and consideration, the bid sheet is attached. The County will receive the truck two (2) to three (3) days after the vendor receives the County’s Purchase Order. FINANCIAL IMPACT AND FUNDING SOURCE: The total cost of the truck with warranty is $155,263.00. Funds have been previously allocated for this purchase in the County’s adopted Budget (Fund 520-4-094110-812300). RECOMMENDATION: County Staff recommends the Board award the purchase of the truck to National Auto Fleet Group as presented. MOTION: “I make a Motion to award the purchase of the truck to National Auto Fleet Group as presented.” 7.g Packet Pg. 136 VENDOR Type Truck Warranty cost of Truck Total Worldwide Equipment 2020 Mack $2,762.00 $152,501.00 $155,263.00 Worldwide Equipment 2021 Kenworth $165,651.00 $165,651.00 VA Truck Body and Equipment Freightliner 114SD $163,567.20 $163,567.20 Nacarato Truck Center Volvo $167,966.00 $167,966.00 Excel Truck Group Freightliner 114SD $156,217.00 $156,217.00 7.g.a Packet Pg. 137 Attachment: Copy of bid sheet (2115 : Award of Roll Off Truck Truck Purchase Approval (Staff Contact: 7.g.b Packet Pg. 138 Attachment: Acceptance and Award-National Auto 081716 (2115 : Award of Roll Off Truck Truck Purchase Approval (Staff Contact: Connie M. Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson) Staff Contact(s): Connie M. Gibson Agenda Date: August 18, 2020 Item Number: 7.h Attachment(s): Copy of bid sheet IFB 20-07-02 Roll off Truck 2021 Reviewed By: SUMMARY: Due to extra COVID time, vacation, and sick leave, the County is short of Solid Waste driver. Accordingly, County Staff recently received approval to hire another Solid Waste driver. The County’s Solid Waste Department needs to purchase a roll off truck (“truck”) as soon as possible for this driver. Accordingly, the County issued the attached IFB for said truck and received the attached bids; however, the County learned that the earliest the truck can be delivered is 135 days. Therefore, as authorized by Virginia Code § 2.2-4319, because the County needs immediate delivery of the truck and does not want to continue to utilize the aged truck for nearly five (5) months due to mounting maintenance costs and issues, County Staff recommends/requests the Board to reject all bids. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: As authorized by Virginia Code § 2.2-4319, County Staff recommends the Board reject all bids for the truck. MOTION: “As authorized by Virginia Code § 2.2-4319, I make a Motion to reject all bids for the truck.” 7.h Packet Pg. 139 VENDOR Type Truck Warranty cost of Truck Total Worldwide Equipment 2020 Mack $2,762.00 $152,501.00 $155,263.00 Worldwide Equipment 2021 Kenworth $165,651.00 $165,651.00 VA Truck Body and Equipment Freightliner 114SD $163,567.20 $163,567.20 Nacarato Truck Center Volvo $167,966.00 $167,966.00 Excel Truck Group Freightliner 114SD $156,217.00 $156,217.00 7.h.a Packet Pg. 140 Attachment: Copy of bid sheet (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS INVITATION TO BID ROLL OFF TRUCK – COMPLETE UNIT IFB # 20-07-02 July 2, 2020 CONTACTS: CONNIE GIBSON, PURCHASING MANAGER (434) 432-7744 7.h.b Packet Pg. 141 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 2 Pittsylvania County Board of Supervisors Roll Off Truck - Complete Unit General Bid Instructions I. The County reserves the right to accept or reject any or all bids. The County reserves the right to award to other than the lowest bidder, if deemed in the best interest of the County. The County reserves the right to waive any irregularity, which is not of a substantial valve to the County. II. All bids shall be valid for at least sixty (60) days from the bid date. III. All bids shall be sealed and marked on the outside of the envelope: IFB 20-07-02– Roll-Off Truck Unit IV. Sealed Bids Will Be Received Until 10:00 A.M., July 30, and then publicly opened, for furnishing the following described equipment, materials, and/or services, for delivery and/or performance. Public opening will be in the conference room located at 1 Center Street, Chatham, VA 24531. Bids received after the deadline will be disqualified. V. All bids mailed should be addressed to: Connie Gibson, Purchasing Manager Pittsylvania County Finance Department 1 Center Street – P.O. Box 426 Chatham, VA 24531 VI. Questions concerning the specifications should be submitted in writing no later than 10:00 A.M., July 13, 2020. Questions may be mailed to Connie.gibson@pittgov.org. Questions and responses will be posted on our website, www.pittsylvaniacountyva.gov by 4:00 P.M. July 14, 2020. If you prefer the questions and responses by email, contact Connie Gibson at the above email address. VII. The bid opening will take place in the Conference Room, 1 Center Street, Chatham, Virginia at 10:00 a.m., June 30, 2020. All bidders are invited to attend. Any late bids will be returned unopened. VIII. Pending approval, Notice of Award will be posted on our website after the August 17, 2020 Board of Supervisors meeting. Note: The County of Pittsylvania, Virginia does not discriminate against faith-based organizations in accordance with the Code of Virginia, §§ 2.2-4343.1, 1950 as amended or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by Federal, State, and County law relating to discrimination in employment or contracting. 7.h.b Packet Pg. 142 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 3 INVITATION FOR BID TITLE PAGE INVITATION NUMBER:__20200623 DATE ISSUED: July 2, 2020 TITLE: Roll- Off Truck- Complete Unit In Compliance with this Invitation for Bid, the named party hereby submits a bid in response to Pittsylvania County to furnish services described in this IFB. The entire bid, and any supplemental materials required to be provided by the offeror pursuant to the terms and conditions of the IFB, constitute the entire bid The party hereby certifies that such is genuine and not collusive or sham; that said offeror has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion or communication or conference, with any person to fix the bid price or affiant or any bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against Pittsylvania County or any person interested in the proposed contract. The party submitting the forgoing Proposal acknowledges the provisions, terms and conditions of this IFB, including all attachments and addenda, and agrees to be bound by those provisions, terms and conditions. Further, the party certifies that all information submitted in response to this IFB is correct and true. The person signing this form shall be an authorized signatory officer of the corporation or an individual authorized by the By-Laws of the Corporation that has been given authoritative responsibility to bind the firm in a contract. Name and Address of Firm: ___________________________________________ Date: ________________________________ ___________________________________________ By: _________________________________ (Signature in Ink by Officer of the Corporation) ___________________________________________ Name: _________________________________ (Please Print) _________________________Zip Code___________ Title: _________________________________ Phone: (____) _______________________________ Fax: (_____) ____________________________ E-mail: _____________________________________ State of Incorporation: ___________________ State Corporation Commission #: __________ Receipt of the following Addenda are acknowledged: Attach a copy of your company’s SCC Certificate and a list of officers Addendum No. ____________, dated____________ (Please note all addenda’s) (Return this Form) 7.h.b Packet Pg. 143 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 4 BID SPECIFICATIONS FOR ROLL OFF TRUCK It shall be the intent of these specifications to describe the minimum requirements of a complete new Roll-Off Truck (including chassis, hoist frame and cover system). If vendor wishes to propose several options please submit a separate bid specifications and pricing for each. Any omission from the specifications shall not relieve bidders from the responsibility of furnishing an operational system complete and ready to operate. All equipment bid shall be manufacturer’s latest models and design proven in use by municipalities. The Bidder shall represent by his bid that all equipment to be furnished under this bid is new and unused. It is required that the unit, as specified herein, shall be completely assembled and that all equipment, including standard and optional equipment, be installed and the unit made ready for continuous operation. Bid prices shall include delivery to: Pittsylvania County Landfill 382 Rainbow Lane Dry Fork, VA 24549 The following bid specifications are the minimum acceptable specifications, based on economy and usability. EACH BIDDER IS REQUIRED TO FILL IN EVERY BLANK. FAILURE TO DO SO CAN BE USED AS BASIS FOR REJECTION OF BID. SPECIFICATIONS AND STANDARDS When factory printed literature, submitted to support the bid does not indicate compliance with the specifications and your company can meet these specifications by modifications, you must so state in writing that you can meet the specifications and the necessary modifications be listed. Such writing must be submitted at bid opening time as a part of your bid. Bidders must state make and model number of the unit they are offering. Bids submitted shall be on the latest current model of equipment meeting specifications. 7.h.b Packet Pg. 144 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 5 TRUCK CHASSIS ITEM VARIATION (Check indicates compliance) Truck Make, Model and Year: _____________________________________________ Cab HSS Day Cab w/b-pillar ____________ depression or an approved equal Cab Suspension Air Ride ____________ Hood Tilt Construction hood with integral fenders, splash and spray control system with fender liners, in-cab ____________ Engine Diesel, 400 hp or greater, 1,600 lb-ft of torque ____________ Engine Electronics Vectro II (or an approved equal) ____________ Engine Protection engine protection shutdown over-temperature warning system and low oil pressure ____________ Air Cleaner 16” single stage air cleaner, dry type with side air intake ____________ Air Intake hood mounted air intake grille ____________ Radiator 1220 sq. in or more, 2 row core ____________ Radiator Coolant Long life antifreeze –20 F and coolant ____________ (red with additive included) Coolant Hoses silicone radiator and heater hoses ____________ Fan Clutch Kysor (or an approved equal) on/off fan clutch ____________ Starting Motor Delco Remy (or an approved equal) 12V 39MT starter ____________ Alternator Delco Remy (or an approved equal) 12 volt, 160 amp, 39 si ____________ Batteries Three (3) maintenance free 12 volt ____________ 7.h.b Packet Pg. 145 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 6 Exhaust System horizontal muffler with vertical pipe ____________ preferred. Exhaust Stacks 10’0” aluminized steel single stack ____________ Exhaust Features turned out exhaust extension ____________ Exhaust Piping Aluminized steel lower exhaust piping ____________ Exhaust Shields Aluminum exhaust shield ____________ Fuel Filter-Primary Davco Fuel Pro 382 (or an approved equal) ____________ Fuel Filter –Secondary spin on secondary fuel filter ____________ Water Conditioner spin on water filter/conditioner ____________ Air Compressor 26.5 cfm compressor ____________ Engine Brake Jake brake required, 3 stage (or an approved equal) ____________ Oil Check & Fill oil check & fill, required ____________ Engine Lubricant petroleum based engine lubricant ____________ Block Coolant Heater required ____________ Transmission AutomaticAllisonTransmission ____________ NoSubstitute Drive Line Calculated to torque requirements ____________ Transmission Lubricant Synthetic transmission lubricant ____________ Cooler Water to oil transmission cooler ____________ Front Axle Arvin Meritor (or an approved equal) FL 941, 20,000 lbs. with power steering ____________ Front Brakes Front-16.5 x 6 CAM type ____________ Arvin Meritor (or an approved equal) ____________ Slack Adjusters Automatic, front & rear required ____________ 7.h.b Packet Pg. 146 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 7 Power Steering Heavy duty integral power steering gear ____________ Right hand RAM assist ____________ Front Suspension Multileaf front suspension, 20,000 lbs. ____________ Turning radius, wall to wall, 94.8’ ____________ Rear Axle 44,000 lb. capacity with magnetic drain plug ____________ Rear Drive Axle Ratio road speed for 72 mph ____________ Anti-Spin Devices full locking differential ____________ and power divider. Rear Suspension 44,000 lbs., T-ride suspension preferred, however, the County will accept 44,000 lbs., Hendrickson ____________ Rear Brakes Rear-16.5 x 7 CAM Brake Group - Four (4) park brake chambers on tandem axles ____________ Front & Rear Axle Synthetic front axle lubricant ____________ Lubricant Brake Control System Meritor Wabco (or an approved equal) 4 channel ABS ____________ Cab to Axle 183” CT ____________ Frame Rails 11.81” x 4.13” x .44” straight steel rails, double frame rails required ____________ Crossmember Material Steel intermediate and forward rear suspension crossmember material ____________ Overhang 55” ____________ Rear Frame Treatment Straight cut-off rear crossmember ____________ Air Dryer Meritor Wabco system saver, 1200 dryer ____________ Air Tank, Brake System Steel air tanks ____________ 7.h.b Packet Pg. 147 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 8 Drain Valve Manual pull cord on all air tanks ____________ Fuel Tank Single, 70 gallon, left hand, 22” diameter, Aluminum ____________ Fuel Tank Straps painted, steel ____________ Fuel Lines Nylon ____________ Fuel Tank Cap Non-locking ____________ Backup Alarm Electric - required ____________ Battery Box Right hand side behind front fender ____________ Junction Box Body builder junction box, back of cab ____________ Battery Box Cover Bright diamond plate ____________ Front Bumper Three (3) pieces, steel construction ____________ Bumper mounted standard position. ____________ Front Fender Extension Required ____________ Towing Device Two (2) front towing devices and two (2) rear tow hooks, frame mounted ____________ Wipers Intermittent, electric, wiper blades ____________ Front Grille Black molded front grille, bug screen behind grille ____________ Mirrors Convex wide angle mirror, both sides ____________ Down view mirror over passenger door ____________ Heated exterior mirrors both sides ____________ Cab Interior Color Trim Gray or approved alternate ____________ Driver’s Seat Bostrom 915E Talladega (or an approved equal) economy air suspension high back seat with adjustable headrest and double arm rest ____________ 7.h.b Packet Pg. 148 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 9 Passenger’s Seat Standard bucket, heavy duty vinyl ____________ Seat Upholstery Vinyl ____________ Air Conditioning Integral air conditioner with heater, manual controls ____________ Instrument Panel molded, black ____________ Center Control Console Mounting plate only for body controls ____________ Electrical Center Outlet Electrical prep kit for body builder ____________ Gauge Package Driveline 6x4 Gauge Package , minimum, ____________ air, speedometer, tachometer, fuel, voltage, oil pressure, water temp and transmission temp gauges) Cruise Control Required ____________ Information Center In dash, driver message center ____________ Air Restriction Indicator Graduated air restriction indicator on filter with graphic symbol in driver message center ____________ Speedometer mph speedometer graduation ____________ Circuit Protection Semi-auto reset type II breakers ____________ Marker Lights 5 amber ____________ Headlamps Halogen headlamps with daytime running lights ____________ Stop & Tail Lights Dual with integral backup lights ____________ Turn Signal Switch Self canceling turn signal switch ____________ Instep Lamp Instep lamp on door ____________ Radio Factory installed, standard AM/FM Radio & CD Player ____________ Steering Tilt and telescopic steering column 7.h.b Packet Pg. 149 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 10 18” steering wheel ____________ Door Locks Manual ____________ Fire Extinguisher 5 lb. ABC, dry type, rechargeable, mounted ____________ Safety Equipment Triangle reflector kit ____________ Undercoating Cab, required ____________ Wheels/Rim Package Front - hub piloted disc wheels ____________ Brake Drum - Front Cast iron front brake drum, outboard mounted ____________ Tire Package – Michelin XZUS 2 315/80/R22.5 Steer Tires. Drive Tires can be Michelin X MULTI 11R22.5 _____________ Wheel/Rim Package Drive – hub piloted disc wheels ____________ Brake Drum – Drive Cast iron drive brake drum, outboard mounted ____________ Tire Package – Drive 11R22.5G Michelin XDE M/S (or an approved equal) ____________ Cab Paint Color White ____________ Chassis Paint Color Black ____________ Parts & Service Manual Required for truck chassis as equipped ____________ Front Axle Set-forward steer axle and should be ____________ a 20,000 pound axle DEF tank size 13 gallon ____________ 7.h.b Packet Pg. 150 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 11 Warranty Package: As provided by each component (List by years, miles and or hours of use) 1. Complete truck bumper to bumper ____________ (________________________) 2. Engine & Drive Train ____________ (________________________) 3. Cab ____________ (________________________) 4. Frame & Suspension ____________ (________________________) 5. Extended Warranty: 5 Years/500,000 miles on the engine transmission and drive train. ____________ Location of factory approved dealer, where warranty and recall work would be performed _______________________________________________________________ 7.h.b Packet Pg. 151 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 12 ROLL OFF HOIST FRAME OUTSIDE RAIL & COVER SYSTEM SPECIFICATIONS Minimum Standards: ITEM VARIATION (Check indicates compliance) Frame Galbreath Model U5-OR-174 or an approved equal *(Dempster hoist system not acceptable as is not compatible with existing equipment). 60,000 lb. rated (1500 Grade C Tubing) 183” cab to axle. ____________ Contoured, fitted plastic full fenders with supporting brackets ____________ Rear hold downs – ¾” plate steel (located for standard containers) ____________ Hinge Shaft – 2.5” solid steel ____________ Structure Sub frame to house all hydraulic lines (A500 Grade C Tubing) 4” O.D. outside rollers ____________ Paint Black enamel finish ____________ Rear Bumper Two (2) bumpers are required. An extra heavy duty one piece bumper with recessed lights and two work lights hoist to include an automatic fold up ICC bumper ____________ Front stops – 1 ½” steel plate ____________ Manuals Parts and service manuals required. Complete set delivered with unit . ____________ Hydraulic System Pump: Gear type 35 G.P.M. at 1500 RPM ____________ Air controlled hot shift, with clutch pack, direct mount, to pump ____________ PTO over-speed to be controlled by engine electronics to include clutch pack PTO ____________ 7.h.b Packet Pg. 152 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 13 Hydraulic System Must control engine r.p.m. with transmission engaged ____________ Operating pressure 1850 psi ____________ Double acting lift cylinders with 2 ½” shafts ____________ Double acting independent working winch cylinders ____________ 50 Gal. capacity oil reservoir with shut off valve ____________ Outside and inside air operating controls ____________ Control Valve – 2 spool, 45 gallon capacity ____________ Screen fill filter ____________ Cable System Wire – EXIWRC 6 x 37 (7/8” cable) 39 ton capacity ____________ Sheaves – Front, 10” O.D. with bronze bearings or fiber bearings ____________ Anchor – 4 cable clamps ____________ End – Swivel, swag or swayed for dog house style container hook ____________ Open To Box K Pac Iron man series tarp system Cover System or an approved equal (for 30 and 40 cubic yard containers) or ____________ Pioneer Rack-N-Pinion Tarping System The roll off hoist frame and cover system must be mounted on truck chassis and ready for use when delivered to Landfill. ____________ Other Features Factory installed grease fittings on all working points unless equipped with non-greasable fiber bearings. ____________ Automatic spring loaded container locking system ____________ Hoist prop for servicing (Required) ____________ Tool Box Aluminum, 18” deep, 18” wide, 4’ long ____________ 7.h.b Packet Pg. 153 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 14 Warranty Package: As provided (List by years, miles and or hours of use) 1. Complete hoist ____________ (________________________) Location of factory authorized dealer where warranty and recall work will be performed _______________________________________________________________ 7.h.b Packet Pg. 154 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 15 ROLL OFF TRUCK – COMPLETE UNIT WITH CHASSIS ROLL OFF HOIST FRAME AND COVER SYSTEM OFFICIAL BID FORM The bid below meets or exceeds all the specifications for the chassis, roll off hoist frame and the cover system, which by reference become a part of this bid document. Any exceptions shall be fully delineated by each unit on the attached page, listing the item and the exception taken and any descriptive information on the substitute bid. LUMP SUM BID: $ _______________________ (Complete Unit: includes roll off hoist frame, chassis and cover system) MAKE, MODEL AND YEAR – CHASSIS: ___________________________________ MAKE, MODEL AND YEAR – ROLL OFF HOIST FRAME: ____________________ MAKE, MODEL AND YEAR – COVER SYSTEM: _____________________ DELIVERY DATE: ______________________ (Please provide a specific date) 7.h.b Packet Pg. 155 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 16 Clarifications 1. A Pioneer Rack-N-Pinion Tarping System is an approved equal in lieu of the K Pack Iron Man. 2. Your above referenced bid spec requires an Automatic 8LL Transmission. Choices in transmissions currently are Automatic, Manual or an Automated Manual. Would you please clarify that spec? The answer will dictate which PTO to use on the hoist. Manual transmission. 2. The only air cleaner available is a Donaldson PowerCore, and is a 14” diameter. Will that be acceptable? Yes 3. Freightliner does not offer silicone hoses due to their failure rate. The standard hoses are Gates Blue Stripe. Will they be acceptable? Yes 4. The only alternator available from Freightliner is a Delco 12 Volt, 160 amp. 36SI. Is that acceptable? Yes 5. The Davco 382 fuel/water separator is not available. We have the Davco 487. Is that acceptable? Yes. 6. Will you accept a Bendix 19.0 CFM air compressor? Yes 7. Freightliner will mount the battery box on the LH side only. Is that acceptable? Yes 8. A bright diamond plate battery box cover is not available. Is that acceptable? Yes 9. The bumper is one (1) piece only. Is that acceptable? Yes 10. The specified Michelin XDE M+S is no longer available. Can you provide an acceptable alternative? Michelin XZUS 2 315/80/R22.5 Steer Tires. Drive Tires can be Michelin X MULTI 11R22.5 11. There is no mention in the spec as to the front axle configuration. Do you want a set- forward front axle configuration, or a set-back configuration? Set-forward steer axle and should be a 20,000 pound axle. 12. Also, there is no mention of a DEF tank size. We offer 6, 13, and 23 gallon options. Which of these is acceptable (all are LH mounted)? 13 Gallon. 7.h.b Packet Pg. 156 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 17 SPECIAL TERMS AND CONDITIONS Availability of Funds: It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of the funds available or which may hereafter become available “subject to appropriation” by the Board of Supervisors for the purpose of this agreement, ref § 15.2 Chapter 25 Code of Virginia. Precedence of Terms: The General Terms and Conditions shall apply in all instances. In the event of a conflict between any of the General Terms and Conditions and any Special Terms and Conditions, the Special Terms and Conditions shall apply Identification of Bid Envelope: The signed bid should be returned in an envelope or package, sealed and identified with the Bidder’s Name, Solicitation Number and Due Date and Time. Prices or changes shown on the outside of an envelope is not acceptable and will not be considered. Late Bids: To be considered for selection, bids must be received by Central Purchasing (or designated issuing office) by the designated date and hour. The official time used in the receipt of bids is that time on the computer in the Central Purchasing Office. Bids received in Central Purchasing after the date and hour designated shall be ruled non-responsive and will not be considered. The County is not responsible for delays in the delivery of mail by the U. S. Postal Service, private courier, or the Inter-Departmental County Mail System. It is the sole responsibility of the bidder to ensure that its bid reaches Central Purchasing by the designated date and hour. If the County is closed for business at the time scheduled for a sealed bid opening, the bids will be accepted and opened on the next business day of the County, at the originally scheduled hour. Award: An award will be made to the lowest responsive and responsible bidder. Evaluation will be based on grand total. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. for prompt payment will not be considered in making awards. The County reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award. Award Notices: Awards or Decision’s to Award shall be posted on the public posting board in Central Purchasing and on the Pittsylvania County’s website, www.pittsylvaniacountyva.org Indemnification: Contractor agrees to indemnify, defend and hold harmless the County, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor/any services of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of the using 7.h.b Packet Pg. 157 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 18 agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the Contractor on the materials, goods or equipment delivered. Bid Acceptance Period: Any bid in response to this solicitation shall be valid for sixty (60) days. At the end of the sixty days, the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PURCHASING DEPARTMENT GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS/OFFERORS 1. Reservation of County Rights: The County reserves the right to accept or reject any or all bids, to waive any informality and to make an award to a party other than the low bidder, if deemed in the best interest of the County, subject to the provisions under the Virginia Public Procurement Act. The County does not discriminate against faith-based organizations. 2. Laws of the Commonwealth: Any purchase order/contract resulting from this bid process shall be governed; in all respects whether as to its validity, construction, capacity, performance or otherwise; by the laws of the Commonwealth. Successful bidders providing goods to the County herewith assure the County that they are conforming to the provisions of the Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended, where applicable and Section 2.2-4311 of the Virginia Public Procurement Act which provides: In every contract of over $10,000 the provisions in 1 and 2 below apply: (1) During the performance of this contract, the contractor agrees as follows: A. Nondiscrimination Clause: The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous 7.h.b Packet Pg. 158 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 19 places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. Equal Opportunity Employer: The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. (2) Subcontractors: The contractor will include the provisions of the foregoing paragraphs A, B, and C in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor. (3) Drug Free Workplace – During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that such provision will be binding upon each subcontractor or vendor. 3. Tax Exemption: The County is exempt from State sales, and use taxes and will issue a Certificate of Exemption upon request. Deliveries against any items of this bid procedure shall be free from any excise or transportation taxes. Excise exemption registration NO. 54-600-1508 may be used when required or necessary on behalf of the County. 4. Modifications, Additions, or Changes: Modifications, additions, or changes to the terms and conditions of this invitation to bid may be cause for rejection of your bid. All bids shall be entered on the official bid forms, if provided. Bidders who attach or submit bids on their or any other forms may be considered unresponsive and may be rejected if an official bid form is provided. 5. Delivery Point: Except when otherwise specified herein, all items shall be F.O.B. delivered to any point within the County as directed by the Central Purchasing Department. 6. Transportation and Packaging: 7.h.b Packet Pg. 159 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 20 The authorized agent by signing this bid certifies and warrants that the bid price offered for F.O.B. destination, includes only the actual freight rate costs at the lowest and best rate and is based on the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be properly and legibly marked or labeled on the outside with the commodity description and number, size and quantity. 7. Evaluation of Bid Documents: If any prospective bidder is in doubt as to the true meaning of any part of the specifications or other bid documents, the prospective bidders shall submit a written request, within the time frame provided, after receipt of the invitation to bid to the Central Purchasing Department. The Central Purchasing Department will have final authority to review any discrepancies or deficiencies in the specifications and then make the necessary interpretations or revisions. Interpretations or revisions shall be made official by the issuance of any necessary addendum and distributed to all potential bidders. The Central Purchasing Department will not be responsible for explanations or interpretations of the bid documents, except as issued in writing by the Purchasing Manager and/or County Administrator. 8. Default: In the case of default by the successful bidder or failure to deliver the goods or services ordered by the time specified, the Department of Central Purchasing, after due written notice may procure these goods or services from other sources and hold the defaulting vendor responsible for any excess cost occasioned thereby. 9. Anti-Collusion Certification: The authorized agent by signing this bid certifies and warrants that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. The signing agent understands collusive bidding is a violation of the Virginia Governmental Frauds Act and Federal Law and can result in fines, prison sentences, and civil damage awards. The signing agent also agrees to abide by all conditions of this bid and certifies that he or she is duly authorized to sign this bid for the bidder represented herein. 10. Kickbacks: The signing agent certifies and warrants that neither he/she nor the bidder from whom he/she is authorized to act has offered or received any kickback from any other bidder, suppliers, manufacturer, or subcontractor in connection with his/her bid on this solicitation. A kickback is defined as an inducement for the award of a contract, subcontracts or order, in the form of any payment, loan, subscription, advance, deposit of money, services or anything, present or 7.h.b Packet Pg. 160 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 21 promised, unless consideration of substantially equal or greater value is exchange. Further, no person shall demand or receive any payment, loan, subscription, advance, deposit of money, services or anything of value in return for an agreement not to compete on a public contract. 11. Gifts by Bidder, Offeror, Contractor, or Subcontractor: No bidder, offeror, contractor, or subcontractor, shall confer on any any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged. 12. Termination/Cancellation of Contract: Subject to the provisions below, the contract may be terminated by either party upon thirty (30) days advance written notice to the other party; but if any work or service hereunder is in progress, but not completed as of the date of termination, then this contract may be extended upon written approval of the County until said work or services are completed and accepted. A. Termination for Convenience In the event that this contract is terminated or cancelled upon request and for the convenience of the County, without the required thirty (30) days advance written notice, then the County shall negotiate reasonable termination costs, if applicable. B. Termination for Cause Termination by the County for cause, default or negligence on the party of the appraiser or firm shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty (30) days advance notice requirement is waived in the event of Termination of Cause. C. Non-Appropriation Clause/Termination due to Unavailability of Funds in Succeeding Fiscal Years When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be cancelled and the contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services delivered under the contract. 13. Quantities: Quantities set forth in this invitation are estimates only, and the successful bidder shall supply at bid prices actual quantities as ordered regardless of whether such total quantities are more or less than those shown. 14. Ordering: All orders from the County shall be issued by the Central Purchasing 7.h.b Packet Pg. 161 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 22 Department. A County purchase order number is required for the contract; yet partial order quantities and deliveries will be accepted upon request or as outlined in the Special Specifications, by the Central Purchasing Department. No other department or personnel other than those in the Central Purchasing Department of the County are qualified to issue purchase orders, make changes in orders, or accept delivery on orders under this contract without specific written authorization being received by the contractor from the Central Purchasing Department or as otherwise specified in the Special Specifications. 15. Invoices/Billing Process: Invoices for items ordered, delivered, and accepted by the Central Purchasing Department or authorized departments shall be submitted by the contractor directly to the Accounting Department, at the address shown on the purchase order. The purchase order number must be referenced on all invoices regardless of quantities delivered, backordered, etc. Any outstanding quantities not included in the billing or invoice should be shown on a separate statement specifically marked, as not being an invoice for payment yet is an accountability of items and cost outstanding. 16. Discounts: All bids will be evaluated and awarded on net prices. Cash discounts will not be considered in making awards. If cash discounts for prompt payment are offered, it must be clearly shown on the bid forms in the space provided. On monthly invoices any payment terms must be clearly marked. The County will attempt to take advantage of any such discounts provided our timetable allows us to do so. 17. Hold Harmless: The successful contractor assumes and agrees to indemnify, defend and hold harmless Pittsylvania County, Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, labor, goods, or equipment of any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole negligence on the part of the using agency or to the manner outlined by the contractor and description literature or specifications submitted with the contractor’s bid. 18. Warranty: The contractor shall provide warranty documents on any material, goods or equipment of any kind or nature provided by the contractor, his subcontractor or other agents. The warranty shall be in effect for the period of time specified. 19. Contractual Intent Upon successful award of this bid by the County, it is the County’s intent 7.h.b Packet Pg. 162 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 23 to have a written contract fully executed by all participating parties. This contract shall delineate the capacity, performances and considerations for all parties involved. The contents of the bid submitted by the successful bidder and the bid specifications shall become a part of any contract awarded as a result of these specifications. The successful vendor will be expected to sign a “Standard Contract for Services” with the County. Sample contracts may be submitted by either party at the time of the bid, however, the County reserves the right to use its uniform contract format over all samples submitted. 20. Insurance By signing and submitting a bid/proposal under this solicitation, the Bidder/Offeror certifies that if awarded the contract, it will maintain all required Worker’s Compensation, Employer’s Liability, Commercial General Liability and Automobile Liability insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. Copies of insurance certificates shall be submitted with all bids/proposals. 21. Use of Name Brands Within These Specifications: The name of a certain brand, make, manufacturer, or definite specification is to denote the quality to the specific brand, make, manufacturer, or specification named; it is to set forth and convey to prospective bidders the general style, type, character and quality of article desired, and wherever in specifications or contract documents a particular brand, make of materials, device or equipment shall be regarded merely as a standard. Any other brand, make of material, device or equipment which is recognized the equal of that specified, considering quality, workmanship and economy of operation and is suitable for the purpose intended, shall be considered responsive to the specifications. 22. Access To Records: The County Administrator or his duly authorized agent, shall, until the expiration of three (3) years following the final payment on this Agreement, have access to and the right to examine and copy any directly pertinent books, documents, papers, and records of Lessor and Assignee involving transactions related to this Agreement. Lessor and Assignee shall have the reciprocal right, until the expiration of three (3) years following final payment on this Agreement, to have access to and examine and copy any directly pertinent books, documents, papers and records of the County Administrator in the event of litigation or arbitration involving this Agreement, rights of access, examination and copying hereunder granted to Lessor, Assignee, and Lessee shall continue until such claims have been finally disposed of. 7.h.b Packet Pg. 163 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 24 STATEMENT OF DISCLAIMER RE: ______________________________ (BID OR RFP #) This is to certify that no employee, official, or elected officer of the County of Pittsylvania has a proprietary interest in the company, corporation, partnership, or other organization, furnishing the goods and/or services, or stands to benefit personally from the furnishing of such goods or services as referenced above. FIRM: _________________________ BY: _________________________ TITLE: ________________________ CONTRACTOR ELIGIBILITY CERTIFICATION This is to certify that this person/firm/corporation has not been barred from bidding on contracts by any agency of the Commonwealth of Virginia, nor is this person/firm/corporation a part of any firm/corporation that has been barred from bidding on contracts by any agency of the Commonwealth of Virginia. ______________________________ Name of Official ______________________________ Title ______________________________ Firm or Corporation 7.h.b Packet Pg. 164 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Page | 25 7.h.b Packet Pg. 165 Attachment: IFB 20-07-02 Roll off Truck 2021 (2114 : Roll Off Truck IFB Rejection Approval (Staff Contact: Connie M. Gibson)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Proclamation: Pet Center Recognition (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: August 18, 2020 Item Number: 7.i Attachment(s): 08-18-2020 Pet Center Recognition Reviewed By: SUMMARY: The County’s Pet Center (“Pet Center’) has continuously looked for ways to improve its operations and fundraising opportunities, and it has received numerous Grants and donations to that end. On August 5, 2020, the Virginia Association of Counties (“VACo”) announced twenty-one (21) recipients of the 2020 VACo Achievement Awards recognizing excellence in local government programs. The Pet Center was the recipient of two (2) Achievement Awards for the Doggie Bag Thrift Store and the Regional Pet Food Pantry, which made it the first two (2)-time winners for the County. Many thanks and congratulations are sent to the Pet Center Staff for these great and important accomplishments. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the Proclamation as presented. MOTION: “I make a Motion to approve the Proclamation as presented.” 7.i Packet Pg. 166 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PET CENTER PROCLAMATION WHEREAS, the Pittsylvania County Pet Center (“Pet Center”) has continuously looked for ways to improve their operations and fundraising opportunities; and WHEREAS, there has been numerous Grants and donations given to the Pet Center; and WHEREAS, there was a $10,000 Grant received from the Petco Foundation to help with COVID-19 related adoptions, transfers, and the food pantry; and WHEREAS, there were sixty-six (66) pallets of food donated from the Greater Good Charity that totaled $103,000 in value; and WHEREAS, the Pet Center received $298,000 of cash and in-kind donations this year; and WHEREAS, on August 5, 2020, the Virginia Association of Counties (VACo) announced the twenty- one (21) recipients of the 2020 Achievement Awards, which recognize excellence in local government programs; and WHEREAS, VACo received a total of seventy-six (76) submissions; and WHEREAS, winning entries focused on addressing issues of inclusion, belonging, and reconciliation that challenge counties today; and WHEREAS, the Pet Center was the recipient of two (2) Achievement Awards for the Doggie Bag Thrift Store and the Regional Pet Food Pantry, which made them the first two (2)-time winners for the County; and WHEREAS, this Board thanks the Pet Center for their hard work and impressive results thus far. THEREFORE, BE IT HEREBY RESOLVED, that a copy of this Proclamation be presented to the Pet Center and be made part of the County’s permanent record. Given under my hand this 18th day of August, 2020. __________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors ATTEST: _________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.i.a Packet Pg. 167 Attachment: 08-18-2020 Pet Center Recognition (2132 : Proclamation: Pet Center Recognition (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Revised Local Emergency Declaration Approval (Staff Contact: David M. Smitherman) Staff Contact(s): Kaylyn M. McCluster Agenda Date: August 18, 2020 Item Number: 7.j Attachment(s): 08-18-2020 Revised Local Emergency Declaration Reviewed By: SUMMARY: For the Board’s review and consideration, attached is a Revised Local Emergency Declaration. County Staff is requesting said revision, as authorized by State Code, inter alia, to allow for a temporary relaxation of the County’s procurement procedures during the Local Emergency to ensure that State and Federal CARES Act Funds are able to be spent and utilized before the year- end deadline. The Declaration further details, during the Local Emergency, that the County may award contracts without competitive sealed bidding or competitive negotiation; however, such procurement shall be made with such competition as is practicable under the circumstances. Moreover, a written determination of the basis for the emergency and for the selection of a particular contractor/vendor shall be included in the procurement file, and the County shall issue a written notice stating that the contract is being awarded on an emergency basis. The Declaration also states, during procurement of goods, services, materials during the Local Emergency, the County will endeavor to attempt, when practicable, to “buy local.” Finally, County Staff will notify the Board in advance of any procurement utilizing CARES Act Funding during the Local Emergency using the relaxed procurement standards. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the Revised Local Emergency Declaration as presented. MOTION: “I make a Motion to approve the Revised Local Emergency Declaration as presented.” 7.j Packet Pg. 168 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS REVISED DECLARATION OF LOCAL EMERGENCY WHEREAS, due to the growing occurrences of COVID-19, a communicable disease that threatens the public health, Pittsylvania County, Virginia (the “County”), is facing dangerous public health and safety conditions that necessitate the proclamation of the existence of an emergency; and WHEREAS, on March 12, 2020, Ralph S. Northam, Governor of the Commonwealth of Virginia, declared a statewide state of emergency due to COVID-19; and WHEREAS, on March 13, 2020, Donald J. Trump, President of the United States of America, signed a Declaration of National Emergency due to COVID-19, effective March 1, 2020. NOW THEREFORE, IT IS PROCLAIMED, under the authority of § 44-1.146.2, Code of Virginia, 1950, as amended, David M. Smitherman, County Administrator, hereby declares a Local Emergency on Tuesday, March 17, 2020, at 7 P.M., effective March 1, 2020; and BE IT FURTHER PROCLAIMED, that during the existence of said Local Emergency, the powers, functions, and duties of Christopher C. Slemp, County Public Safety Director, shall be those prescribed by State law and the Ordinances, Resolutions, and approved plans of the County, to mitigate the effects of said Local Emergency; and BE IT ALSO PROCLAIMED, that during the existence of said Local Emergency, per § 44-146.21(C) of the Code of Virginia, 1950, as amended, the County Administrator is directed by the Board to proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, procurement, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, and other expenditures of public funds, provided such funds in excess of appropriations in the current approved budget, unobligated, are available, among other emergency powers; and BE IT ADDITIONALLY PROCLAIMED, that during the existence of said Local Emergency, for procurement regarding expenditure of CARES Act monies received by the State and/or Federal government, the County may award contracts without competitive sealed bidding or competitive negotiation; however such procurement shall be made with such competition as is practicable under the circumstances. Moreover, a written determination of the basis for the emergency and for the selection of a particular contractor/vendor shall be included in the procurement file, and the County shall issue a written notice stating that the contract is being awarded on an emergency basis; and BE IT ALSO PROCLAIMED, that the County, during procurement of goods, services, materials during the Local Emergency, endeavors to attempt, when practicable, to “buy local;” and 7.j.a Packet Pg. 169 Attachment: 08-18-2020 Revised Local Emergency Declaration (2134 : Revised Local Emergency Declaration Approval (Staff Contact: David M. BE IT FINALLY PROCLAIMED, that the Pittsylvania County Board of Supervisors hereby consents to the County Administrator’s Declaration of Local Emergency. Given under my hand this 18th day of August, 2020. __________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors ATTEST: _________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.j.a Packet Pg. 170 Attachment: 08-18-2020 Revised Local Emergency Declaration (2134 : Revised Local Emergency Declaration Approval (Staff Contact: David M. Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-20-015; Joseph and Robin Motley; Banister Election District, A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (Supervisor Miller) Staff Contact(s): Emily S. Ragsdale Agenda Date: August 18, 2020 Item Number: 10.A.1 Attachment(s): MOTLEY - CASE R-20-015 MOTLEY - CASE R-20-015 MAP Reviewed By: SUMMARY: In Case R-20-015, Joseph A. Motley and Robin R. Motley, Petitioners, have petitioned to rezone 4.018 acres from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to combine with their adjacent parcels of land zoned R-1). The parcel is located on Chalk Level Road in the Banister Election District. Once the property is rezoned, all uses listed under Pittsylvania County Code § 35-222 are permitted. The Planning Commission, with no opposition, recommended granting the Petitioners’ request. The County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: N/A RECOMMENDATION: In Case R-20-015, County Staff recommends the Board approve the Petitioners’ rezoning as presented. MOTION: “In Case R-20-15, I make a Motion to approve the Petitioners’ rezoning as presented.” 10.A.1 Packet Pg. 171 10.A.1.a Packet Pg. 172 Attachment: MOTLEY - CASE R-20-015 (2122 : Public Hearing: Rezoning Case R-20-015 Joseph & Robin Motley) 10.A.1.a Packet Pg. 173 Attachment: MOTLEY - CASE R-20-015 (2122 : Public Hearing: Rezoning Case R-20-015 Joseph & Robin Motley) 10.A.1.a Packet Pg. 174 Attachment: MOTLEY - CASE R-20-015 (2122 : Public Hearing: Rezoning Case R-20-015 Joseph & Robin Motley) 10.A.1.a Packet Pg. 175 Attachment: MOTLEY - CASE R-20-015 (2122 : Public Hearing: Rezoning Case R-20-015 Joseph & Robin Motley) 10.A.1.a Packet Pg. 176 Attachment: MOTLEY - CASE R-20-015 (2122 : Public Hearing: Rezoning Case R-20-015 Joseph & Robin Motley) 10.A.1.a Packet Pg. 177 Attachment: MOTLEY - CASE R-20-015 (2122 : Public Hearing: Rezoning Case R-20-015 Joseph & Robin Motley) 10.A.1.a Packet Pg. 178 Attachment: MOTLEY - CASE R-20-015 (2122 : Public Hearing: Rezoning Case R-20-015 Joseph & Robin Motley) 10.A.1.a Packet Pg. 179 Attachment: MOTLEY - CASE R-20-015 (2122 : Public Hearing: Rezoning Case R-20-015 Joseph & Robin Motley) 10.A.1.a Packet Pg. 180 Attachment: MOTLEY - CASE R-20-015 (2122 : Public Hearing: Rezoning Case R-20-015 Joseph & Robin Motley) 10.A.1.a Packet Pg. 181 Attachment: MOTLEY - CASE R-20-015 (2122 : Public Hearing: Rezoning Case R-20-015 Joseph & Robin Motley) 10.A.1.a Packet Pg. 182 Attachment: MOTLEY - CASE R-20-015 (2122 : Public Hearing: Rezoning Case R-20-015 Joseph & Robin Motley) Legend Assessed Parcels Parcel ID Number Parcels Route Numbers Appeals Rezoning Signs Special Uses Variances Zoning Unknown A-1 = Agricultural District B-1 = Business District, Limited B-2 = Business District, General C-1 = Conservation District DZ = Double Zoned Parcels M-1 = Industrial District, Light Industry M-2 = Industrial District, Heavy Industry MHP = Residential Manuf. Housing Park District R-1 = Residential Suburban Subdivision District RC-1 = Residential Combined Subdivision Distric RE = Residential Estates District RMF = Residential Multi-Family Subdivision Distric RPD = Residential Planned Development District TZ = Town Zoning UK = Unknown County Boundary Title: MOTLEY - CASE R-20-015 Date: 6/30/2020 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. 10.A.1.b Packet Pg. 183 Attachment: MOTLEY - CASE R-20-015 MAP (2122 : Public Hearing: Rezoning Case R-20-015 Joseph & Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Hope Ministries Tax Exemptions (Staff Contact: Robin C. Goard) Staff Contact(s): Robin C. Goard Agenda Date: August 18, 2020 Item Number: 10.B.1 Attachment(s): 08-18-2020 Public Hearing Notice - Tax Exemption Hope Center Ministries Inc Hope Center Ministries PH attachments Reviewed By: SUMMARY: Hope Ministries filed applications for potential tax exemptions on tangible personal property and real estate consisting of Parcel # 1346-74-9460, a 2006 Ford Focus, and a 1998 Ford Club Wagon. Said applications were submitted to the Commissioner of Revenue’s Office, forwarded to the Board, and duly advertised for a Public Hearing to potentially grant said tax exemptions and revise Pittsylvania County Code (“PCC”) § 6-6.3 accordingly. FINANCIAL IMPACT AND FUNDING SOURCE: If Hope Ministries’ exemption applications are approved, the Honorable Robin Goard has submitted the annual County loss of revenue as $2,032.62. RECOMMENDATION: County Staff forwards this matter to the Board for its consideration. MOTION: For the Board’s consideration. 10.B.1 Packet Pg. 184 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing on Tuesday, August 18, 2020, at 7:00 p.m., in the Gallery Room of the Chatham Community Center, 115 South Main Street, Chatham, Virginia 24531, to receive citizen input on a proposed amendment to Chapter 6- 6.3, Property Exempt by Classification or Designation, of the Pittsylvania County Code (“PCC”), to include tangible personal property for Hope Center Ministries, Inc. The full text of the potential PCC Code Amendment and related documents are available in the Pittsylvania County Administration Building, 1 Center Street, Chatham, Virginia, 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., and on the County’s website, www.pittsylvaniacountyva.gov. 10.B.1.a Packet Pg. 185 Attachment: 08-18-2020 Public Hearing Notice - Tax Exemption Hope Center Ministries Inc (2125 : Public Hearing: Hope Ministries Tax 10.B.1.b Packet Pg. 186 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 187 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 188 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 189 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 190 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 191 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 192 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 193 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 194 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 195 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 196 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 197 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 198 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 199 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 200 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 201 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 202 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 203 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 204 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 205 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 206 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 207 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 208 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 209 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 210 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 211 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 212 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. 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Goard)) 10.B.1.b Packet Pg. 279 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 280 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 281 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 282 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 283 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 284 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 285 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 286 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 287 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 288 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 289 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 290 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 291 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 292 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 293 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 294 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 295 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 296 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 297 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 298 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 299 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 300 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 301 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 302 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 303 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 304 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 305 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 306 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 307 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 308 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 309 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 310 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 311 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 312 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 313 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 314 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 315 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 316 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 317 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 318 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 319 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 320 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 321 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) 10.B.1.b Packet Pg. 322 Attachment: Hope Center Ministries PH attachments (2125 : Public Hearing: Hope Ministries Tax Exemption (Staff Contact: Robin C. Goard)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Fiber Easement Under County Railway (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: August 18, 2020 Item Number: 10.B.2 Attachment(s): 08-18-2020 Public Hearing Notice - Easement vacode15.2-1800 RR Xing- Aerial RR Xing- Bore Method Reviewed By: SUMMARY: To enhance broadband internet access to County industries and citizens, the County is proposing granting a permanent easement to Mid-Atlantic Broadband to install fiber cable under the County’s rail line located at Factory Lane, Ringgold, Virginia 24586 (“Property”). Per Virginia Code § 15.2-1800(B), attached, the County legally is required to hold a Public Hearing prior to disposition of the Property. As evinced by the attached Notice, the Public Hearing has been duly and legally advertised for potential action at this Meeting. For your reference and review, please find other documentation related to this matter. FINANCIAL IMPACT AND FUNDING SOURCE: To enhance County broadband internet access, it is proposed that the County receive no money for the disposition of the Property. Mid-Atlantic Broadband does agree to pay for any and all costs or fees associated with the fiber installation or easement due diligence. RECOMMENDATION: Following the conducting of the required Public Hearing, County Staff recommends the Board approve the disposition of the Property to Mid-Atlantic Broadband, and, subject to legal review and approval, authorize the County Administrator to sign any necessary related documentation to effectuate the same. MOTION: “I make a Motion to approve the disposition of the Property to Mid-Atlantic Broadband, and, subject to legal review and approval, authorize the County Administrator to sign any necessary related documentation to effectuate the same.” 10.B.2 Packet Pg. 323 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing on Tuesday, August 18, 2020, at 7:00 p.m., in the Gallery Room of the Chatham Community Center, 115 South Main Street, Chatham, Virginia 24531, to receive citizen input on granting a potential easement on County-owned property to Mid-Atlantic Broadband to install fiber cable under the County’s rail line at Factory Lane, Ringgold, Virginia 24586. The full text of the potential easement and related documents are available in the Pittsylvania County Administration Building, 1 Center Street, Chatham, Virginia, 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., and on the County’s website, www.pittsylvaniacountyva.gov. 10.B.2.a Packet Pg. 324 Attachment: 08-18-2020 Public Hearing Notice - Easement (2126 : Public Hearing: Fiber Easement Under County Railway (Staff Contact: Virginia Code § 15.2-1800. Purchase, sale, use, etc., of real property. A. A locality may acquire by purchase, gift, devise, bequest, exchange, lease as lessee, or otherwise, title to, or any interests in, any real property, whether improved or unimproved, within its jurisdiction, for any public use. Acquisition of any interest in real property by condemnation is governed by Chapter 19 (§ 15.2-1901 et seq.). The acquisition of a leasehold or other interest in a telecommunications tower, owned by a nongovernmental source, for the operation of a locality's wireless radio communications systems shall be governed by this chapter. B. Subject to any applicable requirements of Article VII, Section 9 of the Constitution, any locality may sell, at public or private sale, exchange, lease as lessor, mortgage, pledge, subordinate interest in or otherwise dispose of its real property, which includes the superjacent airspace (except airspace provided for in § 15.2-2030) which may be subdivided and conveyed separate from the subjacent land surface, provided that no such real property, whether improved or unimproved, shall be disposed of until the governing body has held a public hearing concerning such disposal. However, the holding of a public hearing shall not apply to (i) the leasing of real property to another public body, political subdivision or authority of the Commonwealth or (ii) conveyance of site development easements, or utility easements related to transportation projects, across public property, including, but not limited to, easements for ingress, egress, utilities, cable, telecommunications, storm water management, and other similar conveyances, that are consistent with the local capital improvement program, involving improvement of property owned by the locality. The provisions of this section shall not apply to the vacation of public interests in real property under the provisions of Articles 6 (§ 15.2-2240 et seq.) and 7 (§ 15.2-2280 et seq.) of Chapter 22. C. A city or town may also acquire real property for a public use outside its boundaries; a county may acquire real property for a public use outside its boundaries when expressly authorized by law. D. A locality may construct, insure, and equip buildings, structures and other improvements on real property owned or leased by it. E. A locality may operate, maintain, and regulate the use of its real property or may contract with other persons to do so. Notwithstanding any contrary provision of law, general or special, no locality providing access and opportunity to use its real property, whether improved or unimproved, may deny equal access or a fair opportunity to use such real property to, or otherwise discriminate against, the Boy Scouts of America or the Girl Scouts of the USA. Nothing in this paragraph shall be construed to require any locality to sponsor the Boy Scouts of America or the Girl Scouts of the USA, or to exempt any such groups from local policies governing access to and use of a locality's real property. The provisions of this paragraph applicable to a locality shall also apply equally to any local governmental entity, including a department, agency, or authority. F. This section shall not be construed to deprive the resident judge or judges of the right to control the use of the courthouse. 10.B.2.b Packet Pg. 325 Attachment: vacode15.2-1800 (2126 : Public Hearing: Fiber Easement Under County Railway (Staff Contact: Richard N. Hicks)) G. "Public use" as used in this section shall have the same meaning as in § 1-219.1. Code 1950, § 15-692; 1962, c. 623, § 15.1-262; 1968, c. 418; 1974, c. 282; 1977, c. 269; 1979, c. 431; 1980, cc. 212, 559; 1984, c. 241; 1986, cc. 477, 573; 1990, c. 813; 1997, c. 587; 1998, c. 696; 2005, c. 822; 2006, c. 57; 2007, cc. 882, 901, 926; 2017, c. 401. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 10.B.2.b Packet Pg. 326 Attachment: vacode15.2-1800 (2126 : Public Hearing: Fiber Easement Under County Railway (Staff Contact: Richard N. Hicks)) 10.B.2.c Packet Pg. 327 Attachment: RR Xing- Aerial (2126 : Public Hearing: Fiber Easement Under County Railway (Staff Contact: Richard N. Hicks)) 10.B.2.c Packet Pg. 328 Attachment: RR Xing- Aerial (2126 : Public Hearing: Fiber Easement Under County Railway (Staff Contact: Richard N. Hicks)) 10.B.2.d Packet Pg. 329 Attachment: RR Xing- Bore Method (2126 : Public Hearing: Fiber Easement Under County Railway (Staff Contact: Richard N. Hicks)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: County/DHCD COVID-19 Small Business Recovery Assistance Grant Program Application (Staff Contact: Matthew D. Rowe) Staff Contact(s): Matthew D. Rowe Agenda Date: August 18, 2020 Item Number: 10.B.3 Attachment(s): 08-18-2020 Public Hearing Notice - County-DHCD COVID-19 Small Business Recovery Assistance Grant Program Application CDBG Citizen Participation Requirements - Public Hearings Letter of Interest - Pittsylvania County - COVID-19 Small Business Recovery Assistance Grant CDBG 2020-08-03 CDBG COVID Grant Reviewed By: SUMMARY: County Staff is seeking approval of a Grant request of $330,000 to Virginia Department of Housing and Community Development (“DHCD”) to provide Grants with a maximum of $15,000 for Small Businesses showing PPE needs and related supplies or rental assistance to rapidly and safely reopen or remain open due to the COVID-19 Pandemic. Grants can be up to $10,000 in rental assistance and $5,000 for retooling. Two (2) Public Hearings and a Resolution are required by DHCD to gather community input prior to submitting the Grant Application. The first Public Hearing was held at the July 21, 2020, Business Meeting. FINANCIAL IMPACT AND FUNDING SOURCE: None; (no local match). RECOMMENDATION: County Staff recommends the Board conduct the second Public Hearing and approve the submittal of the Grant Application and related documents to DHCD. MOTION: “I make a Motion to approve the submittal of the Grant Application and related documents to DHCD.” 10.B.3 Packet Pg. 330 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a Public Hearing on Tuesday, August 18, 2020, at 7:00 p.m., in the Gallery Room of the Chatham Community Center, 115 South Main Street, Chatham, Virginia 24531, to receive citizen input on the potential County/DHCD COVID- 19 Small Business Recovery Assistance Grant Program Application. The full text of the potential Application and related documents are available in the Pittsylvania County Administration Building, 1 Center Street, Chatham, Virginia, 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., and on the County’s website, www.pittsylvaniacountyva.gov. 10.B.3.a Packet Pg. 331 Attachment: 08-18-2020 Public Hearing Notice - County-DHCD COVID-19 Small Business Recovery Assistance Grant Program Application CDBG CITIZEN PARTICIPATION For All Potential Local Government Applicants: It is important that community development projects carried out wholly or in part with Virginia Community Development Block Grant (CDBG) funds involve extensive citizen participation during the proposal development process. Local citizen participation should be encouraged throughout the process of developing a Community Improvement Grant (CIG) proposal. In particular, participation by low- and moderate-income (LMI) residents of the project service area or a slum and blight area should be encouraged. Participation is encouraged prior to submitting a Planning Grant proposal, but there are no firm requirements. The following steps, however, are required for each local government wishing to submit a Community Improvement Grant proposals, including both competitive round projects and projects being submitted under the open submission funds. Public Hearing Requirement At a minimum, at least two public hearings must be held during the CIG proposal development period. • The two hearings must, at a minimum, be held one week apart. • Advertisements for the two public hearing must be published separately. Applicants may not only publish one advertisement that includes information on both public hearings. • Both public hearings must be held within twelve months of the application deadline (defined by DHCD in 2019 as after March 31, 2018). In the case of the same proposal being resubmitted from the prior competitive year, DHCD may waive the public hearing requirement on community development needs (first public hearing). • Files must be maintained containing documentary evidence that the hearings were held, to include at a minimum a list of attendees, minutes of the hearings, and notices (2 types) of the public hearings. • For regional proposals, each participating locality must hold two public hearings as described above. • Applicants must provide timely written answers to written comments and grievances, within 15 working days where practicable. Each hearing must be held after adequate notice as described below: Notice of Public Hearings Advertisement must be made in a non-legal, locally-circulated newspaper with the largest general circulation at least seven days prior to each hearing. The public hearing notices must provide the address, phone number, TDD, and times for submitting comments and grievances to the applicant locality. If publishing in a weekly paper, be sure the ads are published in such a manner as to comply with the requirements outlined here. 10.B.3.b Packet Pg. 332 Attachment: CDBG Citizen Participation Requirements - Public Hearings (2121 : Public Hearing: County/DHCD COVID-19 Small Business At least one other type of announcement must be done for each public hearing (examples below), at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped. • Advertisement through locally-received radio and/or television stations; • Distribution of flyers in LMI areas and in the proposed service area(s); • Announcements at local community organization meetings; or, • Announcements through local churches and community centers located in LMI and proposed project areas. First Public Hearing The first hearing must be held early in the CIG proposal development process to identify the applicant's community development and housing needs, the range of eligible project types funded through the CDBG program and the amount of money available to the applicant, as well as the applicant's past performance (if applicable) in the CDBG program during the previous five years. At a minimum citizens should be furnished with information concerning the amount of funds available (including program income) for proposed activities and the range of activities that may be undertaken, including the estimated amount to be used for activities that will benefit low- and moderate-income persons, the proposed CDBG activities likely to result in displacement, and plans for minimizing displacement of persons as a result of the CDBG project, and plans to assist persons actually displaced by the project. Between the two hearings applicants must make available to the public a fact sheet or proposal summary that identifies the proposed activities and objectives for the project and identifies who will be affected by these activities. Citizens must have an opportunity to comment on this document. Second Public Hearing A second hearing must be held for public review of and comment on the final draft of the CIG proposal. A final draft or detailed fact sheet presenting the key activities and eligible benefits of the project must be available at the second public hearing, if not before. Additional Citizen Participation Requirements Local citizens should be provided with reasonable and timely access to local meetings, information, and records relating to the applicant locality's proposed and actual use of CDBG funds. Meetings should be conducted according to the standards established for the public hearings cited below (#4). CDBG-related information and records must be made available to interested citizens with the availability of such items announced at least in the same manner as the public hearing advertisements. Technical assistance must be provided to groups representative of persons of low- and moderate- income that request such assistance in developing proposals for use of CDBG funds. The level and type of assistance is determined by the applicant locality but must include at least consultation and written communication between a local contact person responsible for the 10.B.3.b Packet Pg. 333 Attachment: CDBG Citizen Participation Requirements - Public Hearings (2121 : Public Hearing: County/DHCD COVID-19 Small Business CDBG proposal's development and interested groups. The name, address, and telephone number of the contact person(s) must be made available upon request and announced at all public meetings held on the CDBG proposal. Where 5 percent or more of public hearing participants can be reasonably expected to be non-English speaking residents, applicants must take measures to accommodate their needs. Census data on the proposed project area and on the locality as a whole should be consulted to determine if this provision applies in a particular instance. Meeting this provision requires, at a minimum, having printed material available in the non-English language(s) and retaining the services of an interpreter(s) for all CDBG-related meetings and public hearings. An applicant with a current CIG project to which activities are to be added, deleted, or substantially changed (that is, substantial changes made in terms of purpose, scope, location, or beneficiaries) must provide local citizens through a public hearing with an opportunity for comment on such changes, after the locality has informed citizens of the changes at least seven days prior to the hearing. Applicants must keep documentation of how they met the above requirement in their CDBG files for verification. This documentation should include: • Documentation of the Public Hearing advertisements, • Documentation of the second method used to notify citizens of the public hearings, • List of attendees, • Minutes from the first hearing showing: • Available funds, • Available activities, • Past use of CDBG funds, • Minutes from the second hearing showing: • Description of proposed activities, • Plans to minimize displacement and assist displaced persons (if applicable), and • Any requested special accommodations. None of the foregoing may be construed to restrict the responsibility or authority of the local government applicant in the development and execution of its Community Improvement Grant project. 10.B.3.b Packet Pg. 334 Attachment: CDBG Citizen Participation Requirements - Public Hearings (2121 : Public Hearing: County/DHCD COVID-19 Small Business Public Hearing Advertisements These advertisements should be made in accordance with the Plan above. Model Advertisement – First Public Hearing (Locality) will hold a public hearing on (date) at (time) at (location) to solicit public input on local community development and housing needs in relation to Community Development Block Grant (CDBG) funding for a project in our community. Information on the amount of funding available, the requirements on benefit to low- and moderate-income persons, eligible activities, and plans to minimize displacement and provide displacement assistance as necessary will be available. Citizens will also be given the opportunity to comment on (locality’s) past use of CDBG funds. All interested citizens are urged to attend. For additional information, contact (local contact name and information). Comments and grievances can be submitted in writing to (locality) at (address) or by phone at (phone number and TDD) until (cut-off date). If you plan to attend and have any special needs requirements, please call the number listed above. Model Advertisement – Second Public Hearing (Locality) will hold a public hearing on (date) at (time) at (location) to solicit public input on the proposed Community Development Block Grant (CDBG) proposal to be submitted to the Virginia Department of Housing and Community Development for (project name). Residents of the project area are encouraged to attend. The (project name) proposal will include the following activities (list activities). The draft CDBG proposal will be presented for comment along with information on projected beneficiaries, including the number of low- and moderate-income residents to benefit from the proposed project, and plans to minimize displacement. Citizens will also be given the opportunity to comment on (locality’s) past use of CDBG funds. A fact sheet on the proposed project and the draft proposal is available at (location). For additional information, contact (local contact name and information). Comments and grievances can be submitted in writing to (locality) at (address) or by phone at (phone number and TDD) until (cut-off date). If you plan to attend and have any special needs requirements, please call the number listed above. 10.B.3.b Packet Pg. 335 Attachment: CDBG Citizen Participation Requirements - Public Hearings (2121 : Public Hearing: County/DHCD COVID-19 Small Business CITIZEN PARTICIPATION ASSURANCES AND CERTIFICATION The applicant assures and certifies that it has provided its citizens adequate opportunities to participate in the development of this proposal by: • Holding at least two public hearings in the locality prior to the submission of the proposal, the first one for the purpose of obtaining the views of citizens on community development and housing needs and the second (held at least 7 days after the first) for the purpose of informing the public on the proposed CDBG project. Participation by low- and moderate-income residents and stakeholders in the project or service area and the community at large was encouraged. The hearings were held at times and locations convenient to potential beneficiaries and with accommodation for the disabled. Public input into the development of this proposal was obtained at hearings held on: ____________________ AND ____________________; (date) (date) • Publishing a notice to advertise the public hearings and availability of proposal information at least 7 days prior to the dates of the hearings in the non-legal section of a NEWSPAPER of local general circulation and AT LEAST ONE OTHER TYPE OF ANNOUNCEMENT. The advertisements ran on: ____________________ AND ____________________; (date) (date) Advertisements for the two public hearing must be published separately. Applicants may not only publish one advertisement that includes information on both public hearings. • Maintaining files which contain documentary evidence that the hearings were held. These files must contain proof of publication of the hearing notices, written and/or recorded minutes of the hearings, and lists of citizens attending the hearings; • Making CDBG program and proposal documentation available to the public for comment during regular office hours. This documentation should include the range of proposed activities, the estimated amounts of funding which will benefit low- and moderate-income persons, the plans to minimize displacement and provide displacement assistance where applicable, and a summary of the proposed application. This documentation should also include public information on any other CDBG project undertaken within the last 5 years; • Providing technical assistance to groups representative of persons of low- and moderate- income that request such assistance in developing proposals for the use of CDBG funds, with the level and type of assistance determined by the locality; 10.B.3.b Packet Pg. 336 Attachment: CDBG Citizen Participation Requirements - Public Hearings (2121 : Public Hearing: County/DHCD COVID-19 Small Business • Providing timely written responses to written complaints and grievances, within 15 working days where practicable; • Accommodating the needs of non-English speaking residents at public hearings where more than 5% of the attendees can be reasonably expected not to speak English; and, • Adhering to the CDBG Citizen Participation Plan per the 2019 CDBG Program Design. Chief Administrative Official ________________________________ ________________________________ Name Title ________________________________ ______________________________ Signature Date Attach original copies of all newspaper Public Hearing notices. Original notice copies should be clipped from the appropriate newspapers and attached with clear tape to 8 ½-inch x 11-inch white paper with the date of publication clearly visible. Photocopies should be made for other proposal copies In Regional proposals, each participating locality must conduct two public hearings and the proposal must contain, from each participating locality, a signed copy of this page and copies of all newspaper advertisements. Again, originals in original copy and photocopies in other copies. 10.B.3.b Packet Pg. 337 Attachment: CDBG Citizen Participation Requirements - Public Hearings (2121 : Public Hearing: County/DHCD COVID-19 Small Business 10.B.3.c Packet Pg. 338 Attachment: Letter of Interest - Pittsylvania County - COVID-19 Small Business Recovery Assistance Grant CDBG (2121 : Public Hearing: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2020-08-03 DHCD CDBG COVID-19 SMALL BUSINESS RECOVERY ASSISTANCE GRANT APPLICATION __________________________________________________________________________________________ WHEREAS, at the Business Meeting of the Pittsylvania County Board of Supervisors (the “Board”) held on Tuesday, August 18, 2020, in the Gallery Room of the Chatham Community Center, the following Resolution was presented and adopted: WHEREAS, pursuant to two (2) public hearings, Pittsylvania County, Virginia (“County”), desires to apply for $330,000 of Virginia Community Development (“DHCD”) Block Grant funds for 2020 County COVID- 19 Small Business Recovery Grant Program; and WHEREAS, it is projected that up to twenty-five (25) small businesses will receive assistance from the implementation of this Program, which may serve and be owned by low-and moderate-income persons. NOW THEREFORE, BE IT HEREBY RESOLVED, that the Board approves this Grant Application, and that the County Administrator is hereby authorized to sign and submit appropriate documents for the submittal of this DHCD Grant proposal. Given under my hand this 18th day of August, 2020. __________________________________________ Robert W. Warren, Chairman Pittsylvania County Board of Supervisors ___________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 10.B.3.d Packet Pg. 339 Attachment: 2020-08-03 CDBG COVID Grant (2121 : Public Hearing: County/DHCD COVID-19 Small Business Recovery Assistance Grant Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appointment: DPCS (Contact: Chariman Warren) Staff Contact(s): Chariman Warren Agenda Date: August 18, 2020 Item Number: 13.a Attachment(s): R J Weaver Reviewed By: SUMMARY: There is a vacancy for the Board Member-At-Large seat on the Danville Pittsylvania Community Services (“DPCS”) Board. Chairman Warren has recommended that R.J. Weaver be appointed to serve in this position for a three (3) year term. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board appoint Mr. Weaver to the DPCS Board for a three (3) year term. MOTION: “I make a Motion to appoint Mr. Weaver to the DPCS Board for a three (3) year term.” 13.a Packet Pg. 340 BOARD OF SUPERVISORS P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-1987 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. Committee, Board, and Commission Interest Form Name_______________________________________________ Date __________________________ Address_____________________________________________________________________________ Phone ___________________________ Voting District____________________________________ Email________________________________________________________________________________ Committee, Board, or Commission of Interest__________________________________________ Education Background_______________________________________________________________ _____________________________________________________________________________________ Occupation_________________________________________________________________________ Why do you want to serve on this Board? ______________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Special Skills/Interests/Qualifications that would be of benefit to appointment _____________________________________________________________________________________ _____________________________________________________________________________________ *Please feel free to attach a cover letter or resume; although it is not required. DISCLAIMER: The Pittsylvania County Board of Supervisors reserves the absolute legal right to appoint an individual to any Committee, Board, or Commission. Moreover, completion and submission of the Citizen Committee Interest Form does not guarantee an appointment to a committee by the Pittsylvania County Board of Supervisors. 13.a.a Packet Pg. 341 Attachment: R J Weaver (2133 : Appointment: DPCS (Contact: Chariman Warren))