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03-15-2022 Work Session Agenda Packet BOARD OF SUPERVISORS WORK SESSION Tuesday, March 15, 2022 – 3:00 PM Board Meeting Room 39 Bank Street, SE, Chatham, Virginia 24531 AGENDA 1. CALL TO ORDER (3:00 PM) 2. ROLL CALL 3. AGENDA ITEMS TO BE ADDED 4. APPROVAL OF AGENDA For the citizens’ convenience, all Work Session and Committee Meetings are now being recorded and can be viewed on the same YouTube location as the Board of Supervisor’s Business Meetings. Please remember that the Board’s Work Session is designed for internal Board and County Staff communication, discussion, and work. It is not a question and answer session with the audience. Accordingly, during the Work Session, no questions or comments from the audience will be entertained. Respectfully, any outbursts or disorderly conduct from the audience will not be tolerated and may result in the offending person’s removal from the Work Session. As a reminder, all County citizens, and other appropriate parties as designated by the Board’s Bylaws, are permitted to make comments under the Hearing of the Citizens’ Section of tonight’s Business Meeting. 5. PRESENTATIONS a. Water and Sewer Extension Policy Presentation (Staff Contact: Chris D. Adcock); (Presenter: C. Archer, Freese & Nichols); (10 minutes) b. 2022 VATI Grant Next Steps Discussion (Staff Contact: Dave F. Arnold); (Presenter: Michael Armbrister; WPPDC); (15 minutes) 6. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Horseshoe Road Water Extension Discussion (Staff Contact: Chris D. Adcock); (10 minutes) Work Session - March 15, 2022 b. Convenience Centers Construction Discussion (Staff Contact: Chris D. Adcock); (10 minutes) c. Energy Services Performance Contract Proposal Discussion (Staff Contact: Richard N. Hicks); (10 minutes) d. Finance Committee Recommendations (Staff Contact: Clarence C. Monday); (10 minutes) 7. BUSINESS MEETING DISCUSSION ITEMS 8. CLOSED SESSION a. Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. (Staff Contact: Chris D. Adcock) (1) Legal Authority: Virginia Code § 2.2-3711(A)(3) Subject Matter: Drain Field Lease Purpose: Discussion/Consultation Regarding the Same b. Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. (Staff Contact: Matthew D. Rowe) (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: General Economic Development Projects Update Purpose: Review/Consultation Regarding the Same c. 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. (Contact: Board of Supervisors) (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: County Administrator Purpose: Review of Applicants/Next Steps d. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (Staff Contact: J. Vaden Hunt, Esq.) (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matters: Jail Land Acquisition/Procurement Purpose: Legal Consultation/Legal Advice Regarding the Same Work Session - March 15, 2022 (2) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matters: Reassessment Purpose: Legal Consultation/Legal Advice Regarding the Same 9. RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION a. Closed Session Certification 10. ADJOURNMENT Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Water and Sewer Extension Policy Presentation (Staff Contact: Chris D. Adcock); (Presenter: C. Archer, Freese & Nichols); (10 minutes) Staff Contact(s): Chris D. Adcock Agenda Date: March 15, 2022 Item Number: 5.a Attachment(s): Water and Sewer Extension Policy Presentation Reviewed By: Charles Archer with Freese & Nichols will discuss with the Board the final proposed County Water Extension Policy. 5.a Packet Pg. 4 F R E E S E A N D N I C H O L S PITTSYLVANIA COUNTY March 15, 2022 UTILITY EXTENSION POLICY UPDATE #5 5.a.a Packet Pg. 5 Attachment: Water and Sewer Extension Policy Presentation (3044 : Water and Sewer F R E E S E A N D N I C H O L S Board of Supervisor Presentations •January 19, 2021 •April 21, 2021 •July 20, 2021 •November 16, 2022 •March 15, 2022 5.a.a Packet Pg. 6 Attachment: Water and Sewer Extension Policy Presentation (3044 : Water and Sewer F R E E S E A N D N I C H O L S New Development: Water/Sewer Extension •Required to connect if within certain distance of existing system •Applies to developments 15 ERCs and greater. •2 phase application required •Ph. 1: County to verify system capacity •Ph. 2: Review of detailed plans/specifications •Utilities must be designed to County Standards •County issues approval •Developer pays extension/connection costs •County will pay difference for upsizing, if required (10” waterline vs 6” waterline) •County reserves the right to participate on a case-by-case basis 5.a.a Packet Pg. 7 Attachment: Water and Sewer Extension Policy Presentation (3044 : Water and Sewer F R E E S E A N D N I C H O L S New Development 5.a.a Packet Pg. 8 Attachment: Water and Sewer Extension Policy Presentation (3044 : Water and Sewer F R E E S E A N D N I C H O L S Existing Development •At least 51% or property owners must sign petition, no skipped lots •Annual Application Window: Sept. 1 –Dec. 31 •Lots with failing/contaminated wells must connect •Economic Development projects and other County initiated (grant funded, etc.) are exempt from the policy. 5.a.a Packet Pg. 9 Attachment: Water and Sewer Extension Policy Presentation (3044 : Water and Sewer F R E E S E A N D N I C H O L S Existing Development •Evaluation Criteria to Score/Prioritize Applications •Return on Investment •% Failing/Contaminated Wells •Available Hydraulic Capacity •Future Service Area Potential •Benefit to Existing System •Board Approval for Projects to Proceed 5.a.a Packet Pg. 10 Attachment: Water and Sewer Extension Policy Presentation (3044 : Water and Sewer F R E E S E A N D N I C H O L S Existing Development •County financial participation cannot exceed 50% of the project cost. •County is not obligated to participate financially. 5.a.a Packet Pg. 11 Attachment: Water and Sewer Extension Policy Presentation (3044 : Water and Sewer F R E E S E A N D N I C H O L S Existing Development Project Fee •Must be collected from Petitioners by established deadline “Minimum” fixed project fee of $7,500 per parcel (established in fee schedule) •County may finance the petitioners’ project fees Tap Fee •No tap fee for owners who sign petition and connect during construction •50% tap fee (+ Project Fee) for non-petitioners who connect during construction •Full tap fee (+ current Project Fee) for connections after construction 5.a.a Packet Pg. 12 Attachment: Water and Sewer Extension Policy Presentation (3044 : Water and Sewer 5.a.a Packet Pg. 13 Attachment: Water and Sewer Extension Policy Presentation (3044 : Water and Sewer F R E E S E A N D N I C H O L S Example Petition Calculations •5,000 ft of 6” waterline extension •$115 per ft construction cost •$575,000 total project cost •$287,500 maximum County participation •70 parcels in project area/36 petitioners required •36 project fees x $7,500 = $270,000 •$270,000 (petitioner fees) + $287,500 (max Co. $) = $557,500 •$575,000 (project cost) -$557,500 (petitioners & Co. $) = <$17,500> •$17,500/$7,500 = 2.3 or 3 more petitioners required to proceed or the 36 petitioners share in the remaining $17,500 5.a.a Packet Pg. 14 Attachment: Water and Sewer Extension Policy Presentation (3044 : Water and Sewer F R E E S E A N D N I C H O L S Questions? 5.a.a Packet Pg. 15 Attachment: Water and Sewer Extension Policy Presentation (3044 : Water and Sewer Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: 2022 VATI Grant Next Steps Discussion (Staff Contact: Dave F. Arnold); (Presenter: Michael Armbrister; WPPDC); (15 minutes) Staff Contact(s): Dave Arnold, Scott Budd Agenda Date: March 15, 2022 Item Number: 5.b Attachment(s): Pittsylvania County FTTH Contract - VATI Reviewed By: County Staff and the West Piedmont PDC (“WPPDC”) Executive Director will discuss next steps regarding the 2022 VATI Grant that was awarded in December 2021. Next steps include completing the items on the pre-contract punch list from the Virginia Department of Housing and Community Development, which includes documentation of availability of match funds and the adoption of a formal agreement between RiverStreet Networks (“RiverStreet”), the WPPDC, and the County Board of Supervisors. The financial impact to the County is $16,528,939 total, with $6.5 million coming from ARPA funds, plus $4,528,939 from revenue sharing from broadband service subscriptions to RiverStreet. Between the fund match provided by the internet service provider, RiverStreet, $19,657,064, and the 2022 VATI Grant’s award of $39,510,529, a perfect funding opportunity exists for broadband infrastructure to be built and operated in the County to provide high speed internet to approximately 12,000 County locations. 5.b Packet Pg. 16 1 Agreement Regarding Installation of Fiber Optic Network and Provision of Internet Access Service This Agreement is entered into by and between RiverStreet Communications of Virginia, Inc. d/b/a RiverStreet Networks, with offices located at 1400 River Street, Wilkesboro, North Carolina 28697 (“RiverStreet” or “RSN”); the West Piedmont Planning District Commission (“WPPDC”), with an address of P.O. Box 5268, Martinsville, Virginia, 24115; and Pittsylvania County, Virginia, with offices located at 1 Center Street, Chatham, Virginia, 24531 (County”). The WPPDC, County and RiverStreet may be referred to herein individually as a "Party" and collectively as the "Parties." WHEREAS, the County has determined that installation of a Fiber-To-The-Home network (“FTTH Network”) in two discrete areas of the County, in order to provide broadband service to certain unserved and underserved locations in those areas of the County, would be of significant public interest and benefit to County residents (“the Project”); WHEREAS, RiverStreet is a licensed contractor and provider of communications and broadband services and has the capability to engineer and manage construction of the FTTH Network; WHEREAS, RiverStreet has secured an award of $7,672,064 through the Federal Communications Commission’s Rural Digital Opportunity fund (“RDOF Funding”) program to provide a portion of the funding necessary to build and operate facilities to serve approximately 8,369 locations in one area of the County, which RDOF Funding will be provided to RiverStreet by the federal Universal Service Administration Company over a period of ten (10) years; WHEREAS, WPPDC has been awarded a grant amounting to $87,003,888 by the Virginia Department of Housing and Community Development ("DHCD") through the Virginia Telecommunications Initiative (“VATI”) program. $39,510,529 of that award has been assigned to the County (the “VATI Grant”) to provide a portion of the funding necessary to build and operate facilities to serve at least 11,985 locations in a different area of the County (which locations are separate from the locations which are the subject of the RDOF Funding awarded to RiverStreet); WHEREAS, the primary objective of the VATI Grant is to provide financial assistance to supplement construction costs by private sector broadband providers, such as RiverStreet, in partnership with local units of government to extend service to areas that presently are unserved by any broadband provider; WHEREAS, the VATI Grant will be provided to the WPPDC over a thirty-six (36) month period for use in funding the Project; and WHEREAS, WPPDC will act as grant administrator and fiscal agent for the Project and maintain accurate records of the financial expenditures of the VATI grant monies, including, but not limited to financial reports, monthly funding draws, approval of RiverStreet expenditures and invoices, payments to RiverStreet, documentation of matching funds, etc. 5.b.a Packet Pg. 17 Attachment: Pittsylvania County FTTH Contract - VATI (3058 : 2022 VATI Grant Next Steps Discussion (Staff Contact: Dave F. Arnold)) 2 NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Scope of Work. In accordance with the terms of this Agreement, RiverStreet will serve as prime contractor and will perform, supervise, or manage construction and installation of a FTTH network to consist of up to 1,122.33 miles of fiber optic cable in the County, plus all necessary terminations, cabinets, electronics, and miscellaneous hardware and software as required to light a FTTH network and offer internet access service at symmetrical minimum speeds of 100 Mbps (collectively “the FTTH Network Facilities”). Upon completion of the FTTH Network, RiverStreet will offer internet access service to locations passed by the FTTH Network. RiverStreet will own and maintain as necessary all FTTH Network Facilities comprising the FTTH Network. 2. Project Funding. 2.1 The total cost of the FTTH Project is expected to be at least $75,696,532. 2.2 To supplement the RDOF Funding and VATI Grant funding, the County agrees to provide at least $16,528,939 in additional funding for the Project (“Country Contribution”), on any conditions and timeline specified in the VATI Grant Application submitted jointly with WPPDC, and the construction schedule described in the contract negotiation record submitted to DCHD as part of the formal VATI contract negotiations. 2.3 RiverStreet agrees to invest in the Project, on the conditions and timeline specified herein, as provided for in the VATI Grant Application and by covering operating costs and the cost of connecting subscribers in the County to the FTTH Network. 2.4 Once construction of the FTTH has reached the point that RiverStreet determines it is economically feasible to do so, RiverStreet will begin installations as subscribers elect to receive internet access service through the FTTH Network. RiverStreet will pay all costs of labor and materials for connecting County residents subscribing to internet access service through the FTTH Network, when the subscriber’s premises is located within 2,000 feet of State maintained right-of-way where FTTH Network facilities are located (“the Connection Cost”). The estimated Connection Cost for the entire Project is $11,985,000, which is based on a 40% penetration rate. If the penetration rate is higher than 40%, then RiverStreet’s investment in the Connection Cost will be higher. 2.5 RiverStreet shall not charge any installation fee to a subscriber whose premises is located within 2,000 feet of FTTH Network facilities and has direct access to State right-of-way. To connect subscribers who have direct access to State maintained right-of-way, but whose premises is more than 2,000 from FTTH Network facilities in State right-of-way, RiverStreet will charge an installation fee. That installation fee will consist of a per foot charge for labor and materials required to connect the customer to the FTTH Network, based on the number of linear feet the customer premises is beyond the point that is 2,000 feet from FTTH Network facilities in State right-of-way. RiverStreet’s ability to connect any subscriber to the FTTH Network is contingent on adequate and necessary easements or other legally sufficient rights of access from the State maintained right-of-way all the way to the subscriber’s premises being provided to 5.b.a Packet Pg. 18 Attachment: Pittsylvania County FTTH Contract - VATI (3058 : 2022 VATI Grant Next Steps Discussion (Staff Contact: Dave F. Arnold)) 3 RiverStreet. Any County resident seeking to connect to the FTTH Network and subscribe to RiverStreet’s internet access service shall be responsible for securing such adequate and necessary easements or other legally sufficient rights of access for RiverStreet running from State maintained right-of-way to the subscriber’s premises. RiverStreet shall have no obligation to secure any such easements or rights of access. 2.6 The Parties will work together cooperatively in efforts to secure additional future funding as such is available and necessary to finance completion of a fiber to the home network for the entire County, if subsequently approved by the County Board of Supervisors. 2.6 The Parties acknowledge and agree that except for RiverStreet’s investment to cover the Connection Costs, and the $7,672,064 in RDOF Funding secured by RiverStreet for certain locations in the County, that all other costs of the Project will be funded by the VATI Grant and the County. The RDOF Funding will be applied by RiverStreet during the course of the Project as provided for in the VATI Grant application. 2.7 RiverStreet shall invoice the WPPDC for labor and materials provided to the Project no more frequently than allowed by DHCD project milestones, and can invoice less frequently if it chooses to do so. As necessary to pay RiverStreet’s invoices, WPPDC will draw against the $16,528,939 County Contribution on a schedule to be established by WPPDC and the County, consistent with the VATI Grant. Payment of RiverStreet’s invoices will be subject to RiverStreet complying with the performance representations set forth in the VATI Grant relating to the Project. 3. Project and Funding Timelines. The Project shall be completed within three years from the date RiverStreet commences construction of the FTTH Network, which date shall be documented by Notice given to WPPDC and the County by RiverStreet. At completion, the FTTH Network facilities will pass at least 11,985 locations in the County, all of which are locations in the County that are the subject of the RDOF Funding and/or the VATI Grant. 4. Operations and Revenue Sharing. 4.1 RiverStreet will own all equipment and facilities comprising the FTTH Network. 4.2 RiverStreet will operate that FTTH Network. RiverStreet’s rates for internet access services offered in the County will be no higher than the rates charged by Wilkes Telephone Membership Corporation for comparable levels of service provided to its members. 4.3 Once construction of the FTTH Network has progressed to the point that RiverStreet determines it is economically feasible to begin offering internet service to County residents, all monthly service charges paid by residents and businesses located in the County for internet access services on the FTTH Network, not including taxes, fees surcharges, and add on / over-the-top services such as Telephone, TV, Security monitoring or any other ancillary services) collected from residential and non-residential customers (hereinafter “Internet Revenues”), shall go to RiverStreet. The FTTH Network will serve two separate areas of the County, and any sharing of Internet 5.b.a Packet Pg. 19 Attachment: Pittsylvania County FTTH Contract - VATI (3058 : 2022 VATI Grant Next Steps Discussion (Staff Contact: Dave F. Arnold)) 4 Revenues will be calculated separately for each such area, with the subject areas delineated as follows: (1) Revenue Sharing Relating to the Northern part of the County/the service territory of Peoples Mutual Telephone Company (“PMTC Service Area”). The area of the County subject to the following revenue sharing provision is referred to as the PMTC Service Area. The PMTC Service Area includes 8,294 locations to potentially be passed, of which at least 6,148 locations will be passed by the FTTH Network to be constructed during the Project. At such time as the number of County residences and businesses subscribing to internet access services in the PMTC Service Area exceeds a 30% penetration rate (meaning 2,488 subscribers in this area), the Increased PMTC Internet Revenue (as defined below), will be shared between RiverStreet and the County as follows: Number of Subscribers 0 – 2,487 2,488 – 3,731 3,732 – 5,390 5,391or more County’s Revenue Share 0.00% 10.00% 13.00% 16.50% PMTC currently offers broadband internet access service in some portions of its service area, and the revenues generated by its provision of that service in those areas are not subject to this Agreement or to being shared with the County. The portion of future PMTC Internet Revenues subject to being shared with the County pursuant to this Agreement is the amount of the increase in PMTC’s monthly internet service revenues collected after deployment of the FTTH Network, as compared to PMTC’s monthly average internet service revenues collected for billings during PMTC’s three most recent complete billing months immediately preceding the date the VATI award was announced, which was December 13, 2021 (“Increased PMTC Internet Revenue”). (2) Revenue Sharing Relating to the Southern part of the County (“Non-PMTC Area”). The area of the County subject to the following revenue sharing provision is referred to as the Non- PMTC Area. The Non-PMTC Area consists of 8,249 locations to be passed by the FTTH Network to be constructed during the Project. At such time as the number of County residences and businesses subscribing to internet access services in the Non-PMTC Area exceeds a 30% penetration rate (meaning 2,475 subscribers in this area), the Internet Revenues generated from the Non-PMTC Area will be shared between RiverStreet and the County as follows: Number of Subscribers 0 – 2,474 2,475 – 3,711 3,712 – 5,361 5,362 or more County’s Revenue Share 0.00% 10.00% 13.00% 16.50% This revenue sharing arrangement is based on all 8,249 potential service locations passed in the Non-PMTC Area. Revenue share percentage is multiplied against the amount of monthly Internet Revenues collected. 5.b.a Packet Pg. 20 Attachment: Pittsylvania County FTTH Contract - VATI (3058 : 2022 VATI Grant Next Steps Discussion (Staff Contact: Dave F. Arnold)) 5 4.4 Internet Revenues will only begin to be shared when an area achieves the required penetration rate, at which point the revenues subject to sharing will be limited to those generated in the area that achieved the required penetration rate. For the avoidance of doubt, and by way of illustration only, if 2,500 customers have subscribed to internet service over the FTTH Network in the Non-PMTC Area, and only 1,000 customers have subscribed to internet service over the FTTH Network in the PMTC Service Area, the County will be entitled to ten percent (10%) of the Internet Revenues collected in the Non-PMTC Area and zero percent (0%) of the Internet Revenues and Increased PMTC Internet Revenue collected in the PMTC Service Area. 5. Specific Provisions Relating to VATI Funding. 5.1 On December 13, 2021, the DHCD announced that it had offered the WPPDC a VATI Grant which included an estimated $39,510,529 in grant funding to go to the County under the VATI program, in response to the joint application of WPPDC and RiverStreet. Pursuant to the program guidelines and statutory authority, the primary objective of the VATI program is to provide financial assistance to supplement construction costs by private sector broadband providers, in partnership with local units of government, to extend service to areas that presently are unserved by any broadband provider. 5.2 The grant agreement between DHCD and the WPPDC (the "DHCD Agreement"), will impose certain responsibilities on WPPDC, as the VATI Grantee, in accepting the VATI Grant. As anticipated in the joint application for funding submitted by the WPPDC and RiverStreet, the Parties and the County set forth their agreement herein as to the roles of each Party in this Agreement, now that the VATI Grant has been awarded. 5.4 Subject to RiverStreet’s written acknowledgement that the terms and conditions set forth in any referenced attachments are not inconsistent with this Agreement, RiverStreet shall perform all work described in the DHCD Agreement and WPPDC’s East VATI 2022 Application (both of which are attached hereto and incorporated herein by reference), the submitted application, project management schedule and budget. To the extent not inconsistent with this Agreement, RiverStreet shall complete all VATI Grant Activities described in the DHCD Contract Documents (including but not limited to completion of construction of the Project on or before the date three years after the date RiverStreet commences construction), except to the extent any failure to achieve such completion by any such date is caused by a Force Majeure event. 5.5 RiverStreet shall indemnify, defend and hold WPPDC and the County harmless for any failure(s) (a) to complete any Grant Activities described in the DHCD Contract Documents on or before the date three years after RiverStreet commences construction of the FTTH Network, and/or (b) to achieve any Project Outcomes by the agreed upon date for completion of construction of the Project, unless any failure to achieve such completion by any such date is caused by a Force Majeure event. RiverStreet will provide information as to subscribers and speed package selected, as well as speed validation data to ensure that the proposed Outcomes have been met and broadband speeds meet VATI criteria. RiverStreet will submit invoices to WPPDC for payment no more frequently than stated above. No VATI funds 5.b.a Packet Pg. 21 Attachment: Pittsylvania County FTTH Contract - VATI (3058 : 2022 VATI Grant Next Steps Discussion (Staff Contact: Dave F. Arnold)) 6 shall be distributed to RiverStreet unless and until (a) RiverStreet has submitted all requested documents and information for the management of the VATI grant, including, but not limited to monthly progress reports and invoices and (b) WPPDC has verified that pre-construction and/or construction work which is the subject of a submitted RiverStreet invoice has been completed or equipment has been ordered and received. 5.5 In their application for the VATI Grant, WPPDC and RiverStreet estimated that 11,985 serviceable units will have access to the required broadband speeds at the conclusion of the Project. County, WPPDC and RiverStreet will exercise due diligence and best efforts on community outreach and marketing the availability of service, which is the intent of the program. The Parties understand, however, that the actual number of customers who choose to subscribe is beyond the Parties' control. The Parties also understand that the intent of the DHCD is that the Parties exercise due diligence and best efforts and that no funds will be returned to the Commonwealth nor retained by WPPDC so long as the Parties exercise due diligence and best efforts to reach the program goals. 6. Conditions. 6.1 Failure of RiverStreet to comply with the representations set forth in the VATI Grant application will result in delay of grant funding until said performance representations are complied with. 6.2 RiverStreet shall continue the construction and providing of broadband services as described in the VATI application upon timely receipt of each payment; and will continue as set forth in the VATI application upon each payment received on time and in full. 6.3 A facsimile of an executed agreement signed by both authorized Parties shall be valid on the latter date signed by both Parties and each Party may use such copy as if it were the original. 7. Dispute Resolution. Any documented dispute between the Parties which arises during the performance of this Agreement and which the Parties cannot then resolve, shall be subject to the following administrative remedy prior to any litigation occurring between the Parties: 7.1 Internal Resolution. Both Parties shall attempt to resolve any controversy claim, problem or dispute arising out of, or related to, this Agreement through good faith consultation in the ordinary course of business. In the event that any such matter is not resolved by the representatives of each Party, either Party may upon written notice to the other request that the matter be referred to senior management officials within each respective organization with express authority to resolve the matter ("Internal Resolution"). A written request for Internal Resolution shall be given by either Party to the other Party within thirty (30) calendar days after the Parties have been unable to resolve the dispute through good faith consultation (“Request for Internal Resolution”). Senior management officials shall meet or confer at least once in good faith, to negotiate a mutually acceptable resolution within ten (10) business days of the Request for Internal Resolution. 5.b.a Packet Pg. 22 Attachment: Pittsylvania County FTTH Contract - VATI (3058 : 2022 VATI Grant Next Steps Discussion (Staff Contact: Dave F. Arnold)) 7 7.2 Notice of Request for Mediation. Senior management officials are required to only meet once but may mutually agree to meet more than once if it appears that further meetings may successfully resolve the dispute. If the Parties do not successfully resolve the dispute by Internal Resolution, then the Party finding the Internal Resolution unsatisfactory shall provide written notice to the other Party, demanding mediation ("Request for Mediation"). The Request for Mediation may not be given prior to the first meeting for Internal Resolution and shall not be given any later than ninety (90) calendar days following the completion of the first Internal Resolution meeting. The Request for Mediation shall be sent certified mail, return receipt requested, to the other Party, and shall set forth all of the issues that Party deems outstanding that must be submitted to mediation. The Party in receipt of the Request for Mediation shall respond within twenty (20) business days listing any issues it deems appropriate for submission to the Mediator. 7.3 Mediation. Any controversies between WPPDC and/or the County and/or RiverStreet regarding the construction or application of this Agreement, and claims arising out of this Agreement or its breach, except those for which the appropriate remedy should be injunctive relief, shall be mediated within sixty (60) calendar days of the date on the written Request for Mediation, or the soonest date thereafter that the mediator is available. 7.4 Mediator. Within twenty (20) calendar days or less of the written Request for Mediation, the Parties shall agree on one mediator. The mediation meeting shall not exceed one day (eight (8) hours). The Parties may mutually agree in writing to extend the time allowed for mediation under this Agreement. 7.5 Costs. The costs of mediation shall be borne by the Parties equally. 7.6 Discovery. During any dispute between the Parties, either Party may request of the other any documents relating to the dispute. 7.7 Condition Precedent to Filing Suit. Mediation under this section is a condition precedent to a Party filing an action in any court, unless that Party has made demand for mediation and the other Party has failed or refused to engage in mediation. In the event of litigation arising out of any dispute related to this Agreement, the Parties shall each pay their respective attorneys’ fees, expert witness costs and cost of suit, regardless of the outcome of the litigation. 8. Notice. All notices given or which may be given pursuant to this Agreement must be in writing and transmitted by United States mail or by private delivery system as follows: To WP PDC: West Piedmont Planning District Commission Attn.: Michael Armbrister, Executive Director PO Box 5268 Martinsville, VA 24115 E-mail: marmbrister@wppdc.org 5.b.a Packet Pg. 23 Attachment: Pittsylvania County FTTH Contract - VATI (3058 : 2022 VATI Grant Next Steps Discussion (Staff Contact: Dave F. Arnold)) 8 To County: Pittsylvania County Administration Attn: Dave Arnold, Assistant County Administrator 1 Center Street P.O. Box 426 Chatham, VA 24531 To RiverStreet: Eric Cramer, President and CEO RiverStreet Networks 1400 River Street Wilkesboro, North Carolina 27023 E-mail: ericcramer@myriverstreet.net Notice may also be provided to such other address as a Party may from time to time designate in writing. Any facsimile transmission by either Party must be followed up by a copy sent by mail. 9. Assignment. RiverStreet shall not assign this Agreement without the prior written permission of WPPDC or County, which shall not be unreasonably withheld. Notwithstanding the foregoing, or any other provision in this Agreement to the contrary, RiverStreet shall have the right to assign this Agreement to any parent, subsidiary, affiliate, or any person, firm, or corporation that shall control, be under the control of, or be under common control with RiverStreet (all of which are collectively and individually a “RiverStreet Affiliate”), or to any entity into which RiverStreet may have merged or be consolidated or which purchases all or substantially all of the assets of RiverStreet that are subject to this Agreement. In the event this Agreement is assigned to a RiverStreet Affiliate, or RiverStreet is purchased by a third-party, the assignee or successor shall be obligated to perform RiverStreet’s obligations under this Agreement. 10. Insurance. RiverStreet will maintain insurance coverage in the following amounts, and shall provide the County with a Certificate of Insurance evidencing such insurance coverage, at the commencement of this Agreement. Workmen’s Compensation and Employer’s Liability: Statutory + $1,000,000 General Liability: $2,000,000/occurrence $3,000,000 aggregate Automobile and Vehicle Liability: $2,000,000 combined single limit Professional Liability: $2,000,000/occurrence $2,000,000 aggregate 10.1 Any premiums for insurance in addition to the above-described coverage, to protect the County and/or others when requested by the County, shall be paid by the County. 11. Non-Discrimination. During the performance of this Agreement: 5.b.a Packet Pg. 24 Attachment: Pittsylvania County FTTH Contract - VATI (3058 : 2022 VATI Grant Next Steps Discussion (Staff Contact: Dave F. Arnold)) 9 11.1 RiverStreet will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. RiverStreet agrees to post conspicuously in any places of business it establishes in the County, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. 11.2 RiverStreet, in all solicitations or advertisements for employees placed by or on its behalf, will state that RiverStreet is an equal opportunity employer. 11.3 Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for meeting the requirements of this section. 11.4 RiverStreet will include the provisions of the foregoing subsections 11.1, 11.2, and 11.3 in every subcontract or purchase order over ten thousand dollars ($10,000) relating to the work which is the subject of this Agreement, so that their provisions will be binding upon each subcontractor or vendor. 12. Drug Free Workplace. During the performance of this Agreement, RiverStreet agrees to (i) provide a drug-free workplace for the RiverStreet’s employees; (ii) post in conspicuous places in any place of business it establishes in the County, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or us of a controlled substance or marijuana is prohibited in RiverStreet’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 RiverStreet that RiverStreet maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars ($10,000) relating to the work which is the subject of this Agreement, so that these provisions will be binding upon each subcontractor or vender. 12.1 For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract or agreement awarded to RiverStreet, the employees of whom are prohibited from engaging in the manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of this Agreement. 13. Miscellaneous. 13.1 Amendments. Subject to RiverStreet’s written acknowledgement that the terms and conditions set forth in any referenced attachments are not inconsistent with this Agreement, the County’s Contract Addendum A is attached hereto and incorporated by reference. This Agreement may be amended from time to time. Any amendment shall be written and subscribed as herein. 13.2 Governing Law. This Agreement and the legal relations between the Parties hereto shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without reference to the conflict of laws principles thereof. Jurisdiction and venue shall be in a Virginia federal or state court of competent jurisdiction. 5.b.a Packet Pg. 25 Attachment: Pittsylvania County FTTH Contract - VATI (3058 : 2022 VATI Grant Next Steps Discussion (Staff Contact: Dave F. Arnold)) 10 13.3 Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13.4 Headings. The headings contained in this Agreement are inserted for convenience only and shall not constitute a part hereof. 13.5 Force Majeure. For purposes of this Agreement, the term “Force Majeure” shall include acts of God, floods, fires, hurricanes, lightning strikes, tornadoes, earthquakes or other severe weather conditions including but not limited to the inability or impracticability to work due to rain or snow which, while not amounting to a flood, nonetheless limits the ability of a party to accomplish a goal or meet a deadline, acts of public enemy insurrection, war, riot, sabotage, act of terrorism, epidemic, strike, freight embargoes, trade wars including but not limited to the inability to trade with all vendors of a sovereign nation where the ability to trade with such vendors existed thirty (30) days before the Effective Date, supply shortages, preferred vendors ceasing business operations or running out of supply, concealed and unknown conditions below the surface of the ground differing materially from those ordinarily encountered and generally recognized as inherent in construction or broadband network construction work or which are not reflected on current maps or drawings of underground conditions, wrongful physical obstruction by any person at any installation site, national emergencies or failure of any common carrier or third-party facility not affiliated with RiverStreet. 13.6 Entire Agreement. This Agreement, any exhibits hereto and other documents referred to herein which form a part hereof, embody the entire agreement and understanding of the Parties hereto in respect of the subject matter contained herein and supersede all prior agreements and understandings between the Parties with respect to such subject matter, whether oral or written, including, by way of illustration and not by limitation, any term sheet agreed to by the Parties hereto prior to the date hereof. There are no restrictions, promises, warranties, covenants, or undertakings other than those expressly set forth or referred to herein. 5.b.a Packet Pg. 26 Attachment: Pittsylvania County FTTH Contract - VATI (3058 : 2022 VATI Grant Next Steps Discussion (Staff Contact: Dave F. Arnold)) 11 Signatures on following page IN WITNESS WHEREOF, the Parties acknowledge and accept the terms, conditions and obligations of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date. Pittsylvania County ____________________________ Printed Name: William V. “Vic” Ingram Title: Chairman, Board of Supervisors RiverStreet Communications of Virginia, Inc., d/b/a RiverStreet Networks ____________________________ Printed Name: Eric Cramer Title: President West Piedmont Planning District Commission ____________________________ Printed Name: Michael Armbrister Title: Executive Director 5.b.a Packet Pg. 27 Attachment: Pittsylvania County FTTH Contract - VATI (3058 : 2022 VATI Grant Next Steps Discussion (Staff Contact: Dave F. Arnold)) Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Horseshoe Road Water Extension Discussion (Staff Contact: Chris D. Adcock); (10 minutes) Staff Contact(s): Chris D. Adcock Agenda Date: March 15, 2022 Item Number: 6.a Attachment(s): Horseshoe Road Water Discussion - Exhibit 2 Horseshoe Road interested parcels Reviewed By: The County has received Water Service Interest Forms from County residents in the proposed service area of the previously discussed Horseshoe Road water extension. County Staff will discuss the responses received to date and seeks guidance on the how the Board desires to proceed. 6.a Packet Pg. 28 WORK SESSION AGENDA ITEM “HORSESHOE ROAD WATER DISCUSSION” – EXHIBIT 2 West Side – Interested Respondents (green parcels) 54 total lots (to point of analysis) 21 positive responses (green) 21/54 = 39% interested in connecting 6.a.a Packet Pg. 29 Attachment: Horseshoe Road Water Discussion - Exhibit 2 (3045 : Horseshoe Road Water Extension Discussion (Staff Contact: Chris D. ?s ?s ?s 1367-83-0998 1367-65-4960 1368-63-0435 1368-22-1443 1367-96-9351 1367-99-7010 1367-74-8851 1367-98-1205 1367-45-2671 1368-43-5127 1367-39-9681 1368-30-8345 1378-21-2021 1367-45-8284 1367-25-6718 1367-97-4512 1367-86-7332 1367-45-6386 1367-86-6145 1367-26-3430 1367-35-8857 1368-32-7842 1368-33-7411 1367-55-0050 1377-08-1234 1368-43-2592 1368-41-4278 1367-37-6261 1367-64-2753 1367-97-4996 1367-86-8728 1368-33-7107 1368-33-7637 1368-32-7314 1367-74-3775 1368-32-7149 1368-31-6129 1368-54-3369 1368-31-5419 1368-31-6719 1367-37-3118 1367-27-9616 1367-27-9307 1367-74-1692 1367-37-2466 1367-86-2843 1367-37-3909 1367-37-2851 1367-98-8008 1367-27-8189 1367-27-7065 1368-54-1386 1368-30-8842 1368-31-9875 1368-33-8861 1368-42-1015 1368-44-5374 ROW 1367-30-1931 1377-14-5981 1357-97-0025 1368-81-1016 1367-69-8712 1367-48-6058 1378-54-3715 1367-68-5019 1367-18-7965 1378-34-1487 1377-69-3156 1377-45-0826 1368-10-4682 1378-31-7749 1378-40-3927 1367-05-6253 1368-13-8847 1357-99-3620 1377-48-6271 1358-93-8196 1368-52-8310 1367-95-8375 1377-67-3286 1367-34-4497 1367-77-2500 1377-54-42862080 BERRY HILL RD 1377-17-6414 1367-28-5227 1377-64-3703 1368-11-4638 1377-47-8052 1368-80-0248833 GEMSTONE LN 1368-43-5730 1368-61-3401620 GEMSTONE LN1368-61-3401622 GEMSTONE LN1358-80-2809 1377-49-5577 1378-02-7852 1377-66-7047 1377-38-8958 1367-85-5142 1377-18-3791 1377-29-7962 1378-40-7231 1367-77-9407 1377-62-1452 1377-42-0941 1367-87-5530 1367-19-7929 1377-38-8412 1378-24-1742 1378-51-7274 1377-07-2695 1377-44-2654 1377-28-1171 1378-00-9704 1377-32-3923 1377-22-8654 1367-44-3206 1377-08-7508 1367-85-4892 1368-94-7792 1377-07-2035 1377-22-3319 1377-37-9422 1377-39-1255 1378-10-8351 1377-27-6355 1367-36-5892 1378-15-1061 1367-36-7544 1367-97-5124 1378-35-7543 1377-43-9748 1377-44-5047 1367-39-2333 1368-45-3230 1368-60-8639 1377-47-0031 1378-04-7195 1378-61-4038265 PINEVIEW RD 1377-52-4916 1368-30-2363 1378-30-8063 1378-14-32084252 STONY MILL RD 1378-01-2236 1368-93-2273 1378-02-4057 1368-62-9059568 GEMSTONE LN 1377-27-4052 1378-01-8723 1368-21-1447 1378-15-3612 1367-26-4875 1367-36-1076 1377-09-9117 1378-01-5162 1377-28-2773 1367-39-0659 1377-34-8608 1367-36-0386 1368-75-1314 1378-23-4830 1368-71-3414 1377-28-5436 1368-31-1769 1367-35-2658 1378-43-4624109 FOXWOOD PL 1378-66-6968 1377-26-9571 1368-34-7270 1378-44-3000117 FOXWOOD PL 1368-75-8445 1368-43-2256 1368-03-5258436 WALNUT HILL RD 1378-42-7070 1368-83-9212 1368-23-5564 1368-23-7666 1368-23-9501 1368-23-4616 1368-33-1602 1368-33-2447 1367-39-1202 1368-05-3291 1378-64-3748455 PINE LAKE RD 1378-44-1428125-A FOXWOOD PL 1378-20-0778 1377-32-6812 1377-25-6028 1377-25-2070 1378-62-4885 1378-21-3275 1378-04-1775506 MANGRUMS RD 1378-21-5438 1367-28-8851 1378-21-6792 1368-33-3375 1377-19-1782 1378-21-8967 1368-40-9703 1367-45-0707 1368-74-794010156 MARTINSVILLE HWY 1368-31-1561 1367-26-3041 1377-26-5782 1378-04-5803 1368-40-9590 1368-04-8829 1368-75-3054 1368-14-0547488 WILLOW BRIAR LN 1367-27-5437 1368-14-3543 1367-44-8465 1378-13-3241 1368-84-5985215 MANGRUMS RD 1378-12-0684 1368-41-4939 1378-02-1967 1377-28-0826 1367-35-7928 1368-04-5861 1377-34-4223 1368-63-8958 1378-04-4163 1377-52-4500 1368-41-6168 1378-11-0116 1368-20-9215 1378-50-6361460 PINEVIEW RD 1368-92-7726 1368-41-5444 1368-41-4544 1368-41-1793 1368-93-7507 1368-40-9641 1368-41-6098 1378-11-2546 1378-14-9477 1368-03-5258 1367-35-5817 1377-29-2581 1368-65-312810390 MARTINSVILLE HWY 1368-65-312810384 MARTINSVILLE HWY 1368-65-312810380 MARTINSVILLE HWY 1368-64-611310369 MARTINSVILLE HWY 1377-25-3507 1368-72-9206601 GEMSTONE LN 1378-12-66633026 BREEZEWOOD DR 1368-40-7939 1378-43-5285101 FOXWOOD PL 1378-62-0761 1377-34-2355 1368-45-8453 1368-65-312810372-F MARTINSVILLE HWY 1378-51-6995 1368-40-5728 1368-21-6450 1368-81-0903605 GEMSTONE LN 1378-42-5975 1368-41-4636 1378-22-7993 1368-93-81789593 MARTINSVILLE HWY 1368-42-8971 1368-31-3002 1368-25-5824 1377-53-8471 1377-47-6585 1378-01-0791 1368-31-0053 1367-98-0422 1377-42-8082 1368-55-1397 1367-37-5044 1368-84-2697 1368-35-4322 1377-33-6784 1368-91-8898 1377-19-9043 1367-38-3828 1378-05-4218 1378-22-4552 1368-45-1889 1378-01-0550 1378-22-5657 1367-37-3579 1368-84-1732 1377-33-5920 1368-45-7068 1368-92-7181 1377-26-9730 1377-26-9813 1368-72-2729 1368-73-4307 1378-61-66641145 DUNCAN DR 1377-19-8185 1378-52-5042 1378-51-0938 1368-05-7375 1378-51-9839 1377-19-8229 1368-93-95739681 MARTINSVILLE HWY 1368-64-7881 1368-73-1976 1368-74-3246 1368-14-9988 1377-14-8832 1378-11-4114135 HYLER FARM LN 1367-87-9006 1378-12-08979415 MARTINSVILLE HWY 1368-41-6235 1368-31-7000 1378-05-2263 1377-34-4728 1368-92-9576 1367-97-0118 1378-02-1358 1368-21-9984 1368-73-2652 1368-74-4043 1377-34-8059 1378-63-5277 1368-50-1984 1377-14-9605 1358-94-7690160 WALNUT HILL RD 1377-35-7074 1368-35-7273 1378-60-4418 1378-13-7013 1368-82-0679503 WINDSOR CT 1367-49-8195 1368-34-7639 1368-72-2263 1378-24-4093 1378-52-3199 1378-15-5040 1378-12-9125 1378-11-4784 1368-71-2516713 GEMSTONE LN 1368-70-2888 1377-38-1212 1368-72-8779505 WINDSOR CT 1368-73-8868 1377-43-3682 1368-72-0411 1368-40-0904 1368-94-3817 1368-44-1426 1378-22-0499 1377-42-8872 1378-13-7232 1367-69-0017 1368-92-7344 1368-94-2738224 MANGRUMS RD 1377-27-8843 1368-71-2519 1378-11-6316520 HORSESHOE RD 1368-85-9117 1377-19-6572 1368-85-7118 1368-94-3510 1378-42-1630 1368-35-039511080 MARTINSVILLE HWY 1378-50-9739389 PINEVIEW RD 1378-22-3377 1378-32-0293 1368-42-3638 1367-59-8141 1368-83-68769937 MARTINSVILLE HWY 1377-43-0278 1368-24-2914 1368-42-3538 1377-27-8909 1368-15-2133 1368-82-3211125 WINDSOR TRL 1368-54-890310420 MARTINSVILLE HWY 1377-28-7154 1368-15-4427501 WILLOW BRIAR LN 1368-73-9058504 WINDSOR CT 1378-11-8717 1367-39-1949 1378-11-4902 1358-93-3653 1368-20-9831 1377-43-2145 1367-15-9760 1378-22-3221 1368-15-7287557 WILLOW BRIAR LN 1368-34-4248 1368-44-4281 1368-95-3185 1378-60-0753 1368-95-8270464 MANGRUMS RD 1377-28-7972 1368-05-2456 1378-14-5738 1377-37-4042 1378-22-9383 1378-60-3629 1368-54-3153 1378-62-1489 1368-74-0802 1377-53-0202 1378-22-8271 1378-10-4232 1368-40-2045 1368-84-7532167 MANGRUMS RD 1378-32-9654 1368-34-2804 1378-14-5399 1377-33-8686 1368-63-6646 1377-36-5572 1368-94-3292 1378-60-1628 1368-82-7509119 WINDSOR TRL 1368-93-1613 1377-43-0544 1368-73-4104340 GEMSTONE LN 1368-85-4385 1367-48-4202 1368-93-36829801 MARTINSVILLE HWY 1368-44-5561 1368-83-4820 1367-38-7700 1377-39-5786 1368-04-1807 1368-15-8348 1377-38-1086 1368-64-7246 1368-72-4910380 GEMSTONE LN 1378-14-9171 1368-82-5494121 WINDSOR TRL 1377-37-4213 1368-71-4246 1377-33-9327 1368-44-7674 1378-11-89273047 BREEZEWOOD DR 1368-72-2476520 GEMSTONE LN 1368-24-9615841 GRAYS PARK RD 1368-15-3052 1378-62-4782 1378-12-52253034 BREEZEWOOD DR 1377-36-7538 1368-64-2400 1368-34-1611821 GRAYS PARK RD 1377-43-9208 1378-14-5656 1378-32-66288921 MARTINSVILLE HWY 1368-82-1388 1377-43-8030 1377-43-3393 1378-61-2577 1378-50-9340 1377-36-4961 1368-85-9356117 DEERCREST LN 1378-32-1797129 HORSESHOE RD 1368-74-7940 1377-43-1815 1377-37-2924 1368-54-492910480 MARTINSVILLE HWY 1378-22-5952 1378-52-3441 1378-52-8174 1368-71-3461672 GEMSTONE LN 1358-95-8282 1368-71-7603 1368-83-6202111 WINDSOR TRL 1377-78-0250 1378-13-37269400 MARTINSVILLE HWY 1368-74-7660 1368-83-1035502 WINDSOR CT 1368-34-2574753 GRAYS PARK RD 1368-82-6796117 WINDSOR TRL 1378-23-01793005 BREEZEWOOD DR 1368-30-4662 1368-83-5500107 WINDSOR TRL 1368-32-6002 1377-43-5514 1368-93-1826 1368-74-9587 1368-84-349210004 MARTINSVILLE HWY 1368-82-6951115 WINDSOR TRL 1368-73-7442 1368-34-470811009 MARTINSVILLE HWY 1377-33-7435 1368-24-3887660 WILLOW BRIAR LN 1368-83-3032 1378-43-5285 1368-30-6780 1377-42-6991 1368-20-7583 1378-23-7433 1368-64-3039 1367-38-1243 1377-64-9403 1377-37-3324 1367-69-1191 1368-71-3013774 GEMSTONE LN 1378-13-9631 1377-19-6648 1367-48-1752 1378-42-8886 1378-03-8776 1368-93-57659757 MARTINSVILLE HWY 1368-94-8056 1368-73-7211325 GEMSTONE LN 1368-54-7536 1378-52-08008640 MARTINSVILLE HWY 1378-32-0578 1368-64-4329133 GRAYS PARK RD 1377-09-4738 1377-63-3371 1378-13-6847 1378-24-6033 1378-13-5606 1378-32-0944 1378-61-85641105 DUNCAN DR 1367-97-3727 1378-15-6224 1368-20-4752 1377-22-8283 8"12"8"12"12"12" 12"12"12"HORSESHOE RDL OOMF I XERLAKERDE D H A R D Y R D W WITHERS RD HYLER FARM LNWALNUTHILLRD L YNS K E Y F A R M R D ROCKW O O DDRPINE LAKE RD6"4"6 " 4 "6"6"6"6"6"6" Created By Freese and Nichols, Inc.Job No.: PSE22124Location: H:\W_WW_PLANNING\01_DELIVERABLES\01_Horseshoe_Rd\HorseshoeRd_WL_Ext.mxdUpdated: Wednesday, March 2, 2022 10:59:50 AMUser Name: 02499 PITTSYLVANIA COUNTYHORSESHOE ROAD WATERLINE EXTENSION !I LEGEND Interested Parcel Parcel 6" and Smaller Water Line 8" and Larger Water Line Road Stream 0 400 800 SCALE IN FEET 6.a.b Packet Pg. 30 Attachment: Horseshoe Road interested parcels (3045 : Horseshoe Road Water Extension Discussion (Staff Contact: Chris D. Adcock) (10 minutes)) Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Convenience Centers Construction Discussion (Staff Contact: Chris D. Adcock); (10 minutes) Staff Contact(s): Chris D. Adcock Agenda Date: March 15, 2022 Item Number: 6.b Attachment(s): Convenience Center Update Reviewed By: One of construction of the new waste collection centers’ goals at Level Run, Climax, and Meadow Ridge Road is to eliminate the front load or “green box” collection sites near these new sites. The “green box” sites are emptied by a outside contractor and County Staff desires to eliminate that cost when access to a collection center is within five (5) miles driving distance to County citizens. At the Work Session, County Staff will present a map showing the existing and new coverage areas (once the new collection centers are in service) and which sites are proposed for closure. 6.b Packet Pg. 31 ")" ")" ")" ")" ")" ")" ") ") ") ") !! !! !! !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( S¡ S¡ S¡ S¡ S¡ S¢ S¢ ST85 ST85 ST85 ST85 ST85 !c !c !r !r !r !a !a !a S¢ S¢ !e !c !v !Í KÃ !v S¡ !c !a !a !e Danville Climax Level Run 29 North Regional Grit Powell Motley Blairs Kentuck Rockford Dry Fork Callands Whitmell Mt. Airy Mt. Tabor Sutherlin Mt. Cross Brosville Berry Hill Moses Mill Mt. Hermon Sandy River Old Mayfield Ringgold Depot Smith Mountain Java Brights Stone Gregorys Banister River Sa g o C li m a x Whi tt l e s Pi tt s v i l l e Lon g I s l a nd Po t t e r C r e e k Hurt Altavista Gretna Chatham Created By Freese and Nichols, Inc.Job No.: PSE22124Location: H:\W_WW_PLANNING\01_DELIVERABLES\03_Greenbox_Compactor_Sites\Greenbox_Compactor_Sites.mxdUpdated: Wednesday, March 2, 2022 11:04:29 AMUser Name: 02499 PITTSYLVANIA COUNTYGREENBOX AND COMPACTOR SITES !I05,500 11,000 SCALE IN FEET LEGEND !!Proposed Compactor Site !(Compactor Site ")Greenbox Site ")"Greenbox within 5-milesof Compactor Site 5-Mile Compactor Drive Distance(Multiple Colors) City Limit County Boundary 6.b.a Packet Pg. 32 Attachment: Convenience Center Update (3046 : Convenience Centers Construction Discussion (Staff Contact: Chris D. Adcock); (10 minutes)) Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Energy Services Performance Contract Proposal Discussion (Staff Contact: Richard N. Hicks); (10 minutes) Staff Contact(s): Richard N. Hicks Agenda Date: March 15, 2022 Item Number: 6.c Attachment(s): MOU - Ameresco Pittsylvania County_Ameresco PEA 030122 Reviewed By: As previously discussed, the County is facing significant maintenance issues with the Moses Building. At the recent Building and Property Committee Meeting, there was discussion about utilizing ARPA funding to cover said potential costs. Due to budgeting concerns, those funds will probably not be available for that purpose. Virginia has a list of approved firms that can provide Energy Performance Services to localities. County Staff contacted couple of those firms last year and provided them with detailed utility information on County buildings to determine if an Energy Performance Agreement would be feasible as a potential method of reducing energy costs. The only firm to respond was Ameresco, Inc. (“Ameresco”). Ameresco completed an initial review of the County utility bills and determined that there was potentially enough energy savings through targeted building modifications that could be utilized to fund the debt service on over $800,000 of building improvements. Under the terms of an Energy Savings Performance Agreement, the energy savings would be guaranteed by the firm, or it would be required to make up the difference. Ameresco’s Staff provided County Staff with a presentation of its findings and a list of potential projects. Ameresco’s evaluation was based on current utility rates, and according to its records, Dominion will be increasing rates about twenty percent (20%) on July 1, 2022. Such a rate increase would increase the potential savings to a greater level. For the Board’s review consideration, attached is a copy of Ameresco’s presentation. Also attached for the Board’s review and consideration is a copy of a proposed Memorandum of Understanding for Energy Savings Performance Contract with Ameresco. County Staff was able to request a proposal from this firm through the Interlocal Purchasing System (“TIPS”) Cooperative Purchasing Contract 170103 as the method of procurement. If the Board desires to pursue this option, Ameresco will take a much more detailed evaluation of all County buildings, and working with County Staff, will develop a detailed action plan for building improvements that will generate enough energy savings to cover the debt service for those projects. This method has the potential to cover a significant portion of the costs related to the Moses Building. 6.c Packet Pg. 33 Ameresco will evaluate the buildings, develop plans and specifications for the potential projects, and will handle the project through final construction and evaluation of the energy savings. Ameresco’s fees would be covered through the ultimate construction project. Once a final list of projects is approved by the Board, the County would borrow the necessary funds and the debt service would be covered through the energy savings. 6.c Packet Pg. 34 MEMORANDUM OF UNDERSTANDING for ENERGY SAVINGS PERFORMANCE CONTRACT OWNER: Pittsylvania County, VA 1 Center Street Chatham, VA 24531 ENERGY PERFORMANCE Ameresco, Inc. CONTRACTOR: 111 Speen Street Framingham, MA 01701 TITLE OF PROJECT: Pittsylvania County, VA Performance Contracting DATE OF MOU: March 9, 2022 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ABBREVIATIONS: OWNER = Pittsylvania County, VA ESCO = Ameresco, Inc VUSBC = Virginia Uniform Statewide Building Code MOU = Memorandum of Understanding Energy Savings Performance Contract = ESPC Technical Energy and Water Savings Audit = TEA Energy Services Agreement = ESA 1. METHOD OF PROCUREMENT: The Owner will utilize The Interlocal Purchasing System (TIPS) Cooperative Purchasing Contract 170103 (Energy Savings Performance Contracts) as the method of procurement for all phases of the ESPC. 2. ESCO SERVICES: The ESCO will perform the first phase of an ESPC, a TEA, and determine the feasibility of entering the second phase of an ESPC, the ESA, to provide for installation and implementation of energy and water savings measures at the Owner's facilities. The ESCO agrees that this TEA shall be delivered to the Owner no more than 180-days after execution of this agreement. The ESCO shall comply with the VUSBC and any applicable codes. If energy and water savings measures are determined to be feasible, and if the amount of savings can be reasonably sufficient to cover all project costs, or a substantial amount of the project costs as defined by the Owner, the parties may negotiate the ESA. Under the ESA, the ESCO will design, procure, install, implement, and monitor such energy and water savings measures. However, this MOU does not commit Owner to entering into such ESA. 3. THE ESCO FEE AND PAYMENT: 6.c.a Packet Pg. 35 Attachment: MOU - Ameresco (3068 : Energy Services Performance Contract Proposal Discussion (Staff Contact: Richard N. Hicks)) The Owner shall have no payment obligations at the time of execution of this MOU but acknowledges that the fee indicated below shall be incorporated into the ESCO's project costs, in the event the ESCO and the Owner execute an ESA. Should the ESCO determine any time during the TEA that savings cannot be attained to meet the Owner's terms as set forth, the TEA will be terminated by written notice of the ESCO to the Owner. In this event this MOU shall be cancelled, the Owner shall have no obligation to pay, in whole or part, the amount specified. In this event, the Owner shall return to the ESCO all information and data generated by the ESCO under the TEA. Should the recommendations contained in the TEA meet or exceed the Owner’s objectives and all contract requirements, and the Owner, for any reason, does not proceed with the execution of an ESA and implementation phase, then the ESCO shall be compensated the agreed upon amount for the TEA. The negotiated fee for the TEA, including reimbursables, is to be proportioned as follows: A. Audit Services = $ 20,000 B. Additional Services - (Special services outside of those required to complete the Technical Energy and Water Savings Audit) Total Additional Services Fees n/a = $ -0- Total Fees for Audit & Additional Services = $ 20,000 C. Reimbursable Expenses Budget The following items are budget estimates of the costs to be paid for as reimbursable expenses: (All travel expenses shall be the per diems established by the public body) 1. Printing, courier services, travel, etc. Total Reimbursables Budget n/a =$ -0- TOTAL CONTRACT AMOUNT (incl reimb. budget) = $ 20,000 4. PERSONNEL The Owner's representatives for Local Authority assigned to this project is Chris Adcock, Chris.Adcock@pittgov.org. The Owner will advise the ESCO in writing of any change in the Owner’s representative. The ESCO has assigned the following as the responsible persons for the function/disciplines indicated for this project: Function Name Telephone #, Senior Account Executive Lushaé Cook 202-290-9776 Director – Project Development Garrett Raper 704-916-3514 Director – Business Development King Moon 865-684-0335 Executive Vice President Nicole Bulgarino 202-650-6218 6.c.a Packet Pg. 36 Attachment: MOU - Ameresco (3068 : Energy Services Performance Contract Proposal Discussion (Staff Contact: Richard N. Hicks)) Should circumstances require substitution for any of the above-listed personnel assignments, the ESCO shall so advise the Owner in writing. Any substitute shall have the same or greater level of expertise and experience. Owner reserves the right to accept or reject proposed substitutions of personnel. 5. OWNER OBLIGATIONS: The Owner agrees to allow the ESCO access to its facilities during normal working hours for the purpose of gathering information required for the study and to cooperate with the ESCO in providing timely, complete, accurate, and pertinent information. Information about equipment specifics shall be obtained by the ESCO from the equipment manufacturer if the Owner is not in possession of this information already. If it has not already done so, the Owner shall furnish, or cause its energy suppliers to furnish, accurate and complete data concerning energy usage for the facilities for the most recent 36-month period, at a minimum. Occupancy and usage information Descriptions of any changes in the building or structure or its heating, cooling, lighting, or other systems or their energy requirements Descriptions of all energy-consuming or energy saving equipment used on the premises Descriptions of energy management and other relevant, operational or maintenance procedures utilized on the premises Summary of expenditures for out-sourced maintenance, repairs or replacements on the premises Copies of representative tenant leases, if applicable Prior energy audits or studies of the premises, if any 6. SCOPE OF SERVICES: This section defines the buildings to be included in the ESPC. Pittsylvania County Building List 1. Court Complex - 11 North Main, Chatham 2. Human Service Building/Health Department/Social Service - 200 HG McGhee Dr., Chatham 3. Moses Building - 21 North Main, Chatham 4. Captain Martin Building (County Admin.) - 1 Center St., Chatham 5. Emergency Management (911) / Community Development - 53 North Main, Chatham 6. Jail - 11 North Main, Chatham 7. Public Works Office - 405 R&L Smith Dr., Danville 24540 8. Chatham Library – 24 Military Dr., Chatham 9. Gretna Library - Coffey St., Gretna 24557 10. Brosville Cascade Library - 11948 Martinsville Hwy, Danville 24541 11. Mt Hermon Library - 4058 Franklin Turnpike, Danville 24540 12. Landfill Office / Shops & Breakroom - 382 Rainbow Ln., Dry Fork 24549 13. Shooting Range (1 office building and 1 trainer building at Landfill) 14. Former National Guard Armory 326 South Main St. Chatham 24531 (maintain outside of building) 15. Emergency Management Department - 319 South Main St., Chatham 24531 16. CPMT 61 North Main St. Chatham 24531 6.c.a Packet Pg. 37 Attachment: MOU - Ameresco (3068 : Energy Services Performance Contract Proposal Discussion (Staff Contact: Richard N. Hicks)) 17. Warehouse - 51 North Main St. Chatham 24531 18. EMS / Animal Control Office - 369 Rainbow Ln. Dry Fork 24549 19. Parks & Recreation / Community Center - 115 South Main St., Chatham 24531 20. Elections and Training Center (ETC) – 18 Depot St, Chatham AGREED TO ON THE DATE INDICATED ABOVE BY: ESCO OWNER By:________________________________________ By:________________________________________ (Signature in ink) (Date) (Signature in ink) (Date) Name: Nicole Bulgarino Name:_____________________________________ Title: Executive Vice President Title:______________________________________ ATTEST:___________________________________ ATTEST:__________________________________ (Signature in ink) (Date) (Signature in ink) (Date) 6.c.a Packet Pg. 38 Attachment: MOU - Ameresco (3068 : Energy Services Performance Contract Proposal Discussion (Staff Contact: Richard N. Hicks)) ameresco.com© 2020 Ameresco, Inc. All rights reserved. Pittsylvania County, VAPreliminary Energy Audit FindingsMarch 1, 2022Your Trusted Sustainability Partner6.c.bPacket Pg. 39Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Background & Introduction6.c.bPacket Pg. 40Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract 3AgendaPresentation TeamLUSHAÉ COOK, CEMSenior Account ExecutiveBackground & IntroductionPreliminary Energy Audit (PEA) Findings Funding & Contractual MechanismsPathway to ProcurementAmeresco’s Overall Qualifications and ExperienceMIKE BUBEL, CEMSenior Project DeveloperGARRETT RAPER, PEDirectorProject Development6.c.bPacket Pg. 41Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Preliminary Energy Audit (PEA) Findings6.c.bPacket Pg. 42Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Preliminary Energy Audit Summary5As part of this Preliminary Energy Audit (PEA), Ameresco surveyed nine (9) county buildings:•These nine county buildings are a total of 150,545 sq. ft.•Ameresco identified 9 Energy Conservation Measures (ECMS)as a result of our study•Combined these ECMs generate an estimated $66k in annual utility savingsMoses BuildingE911Building- Community DevelopmentMartin BuildingRegistrant Building – Public SafetyHancock BuildingCourthouseJailParks and RecreationSocial ServicesMartin Building E911-Community DevelopmentRegistrant-Public Safety6.c.bPacket Pg. 43Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Energy Conservation Measures62) Martin Building Exterior Lighting 3) Existing JCI HVAC Control Panel at Martin Building ECM 1 - Lighting System ImprovementsoReplace existing fluorescent lamps with high efficiency LEDoReduce maintenance costs associated with lamp/fixture replacement1) Ameresco recommends the installation of LED technologies throughout Pittsylvania County BuildingsECM 2– Lighting ControlsoExpand Lighting Occupancy Sensor Controls InstallationoInstall Photocells on Exterior LightingECM 3– HVAC Controls System UpgradesoReplace remaining pneumatics with DDC controllersoInstall WIFI Smart Thermostats for packaged HVAC units.oImplement or improve energy savings strategiesoReview existing sequences of operation6.c.bPacket Pg. 44Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Energy Conservation Measures (cont.)7ECM 5 – Building Envelope ImprovementsoInstall new door weather stripping and sweepsoSeal exterior and interior penetrationsoRoof/wall seams sealedoReduce infiltration/exfiltrationoReduce load on HVAC equipmentECM 6– Window ReplacementoDecrease conditioned air that is lost to the environmentoIncrease occupant comfort5) Exterior Caulking and Weatherstripping in need of repair6) Replace Single Pane Windows at Moses BuildingECM 4 – HVAC Unit ReplacementoReplace hail damaged roof mounted air conditioning unitsoReplace aging roof mounted air handling units at courthouse4) Replace Hail Damaged Rooftop HVAC Units6.c.bPacket Pg. 45Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Energy Conservation Measures (cont.)8ECM 9 – Solar PVoOffset electrical consumption with renewable energyoReduce county’s’ electric utility costsoLeverage the electric cost savings to pay for other needed improvements9) Example of solar arrayECM 8 – Air Purification SystemsoInstall Bipolar Ionization systems in all HVAC unitsoImproves air quality and destroys contaminants8) Expand Installation of Air Purification SystemsECM 7– Boiler ReplacementoReplace electric boiler at Martin Building with high efficiency natural gas boileroReplace aging steam boilers at courthouse with high efficiency hot water boilers7) Replace Electric Boiler with High-Efficiency Natural Gas Boiler6.c.bPacket Pg. 46Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Energy Conservation Measures9Walk-in Cooler / Freezer ControllersPlug Load Controllers1) Walk-In Cooler/Freezer Evaporator Fan Controller2) Coil cleaning with UV lamp array3) Bert 110 plug load controllers to supply power only during occupied timesOther Measures ConsideredUV Coil Cleaning and IAQ6.c.bPacket Pg. 47Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Potential Savings (9 buildings surveyed) 10Building Sqft kWh $ kWh Gas $ kWh/sqft Total MMBtu Mbtu/Sqft kWh/sqft Mbtu/Sqft kWh MMBtu $ kWh $ MMBtu $ Total Moses Building - Admin, Sheriffs Bldg 15,456 177,560 $18,530 6,154 $4,809 11.5 634 41.0 8.0 28.7 53,268 190 $5,559 $1,443 $7,002E911 Building - Community Development 5,040 149,360 $13,582 881 $1,721 29.6 91 18.0 20.7 12.6 44,808 27 $4,074 $516 $4,591Martin Building 10,970 322,250 $30,383 0 $0 29.4 0 0.0 20.6 0.0 96,675 0 $9,115 $0 $9,115Registrat Building - Public Safety 1,790 20,641 $2,182 935 $1,134 11.5 96 53.8 8.1 37.6 6,192 29 $655 $340 $995Hancock Building - Sheriff's Dept. 13,860 88,600 $8,495 0 $0 6.4 0 0.0 4.5 0.0 26,580 0 $2,548 $0 $2,548Courthouse 40,000 749,970 $65,185 12,902 $18,332 18.7 1,329 33.2 13.1 23.3 224,991 399 $19,556 $5,500 $25,055Jail 17,429 721,920 $55,443 0 $0 41.4 0 0.0 29.0 0.0 216,576 0 $16,633 $0 $16,633Park and Recreatioon 16,000 265,800 $25,485 0 $0 16.6 0 0.0 13.3 0.0 53,160 0 $5,097 $0 $5,097Social Services 30,000 562,478 $48,889 9,676 $13,749 18.7 997 33.2 15.0 23.3 112,496 299 $9,778 $4,125 $13,903Totals 150,545 3,058,578 $268,172 30,546 $39,745 20.3 3,146 20.9 669,090 645 58,139.75$ 7,798.77$ 65,938.52$ Target Savings6.c.bPacket Pg. 48Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Overall Benefits for Pittsylvania County11Increases cash flowand flexibility by decreasing current energy & operational expensesDecreases capital outlay with planned replacement of critical equipment nowAddresses immediate and future infrastructure needs nowusing self-funded programGuaranteed energy savings each yearReduces operating expenses6.c.bPacket Pg. 49Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Funding & Contractual Mechanisms6.c.bPacket Pg. 50Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Energy Saving Performance Contracting (ESPC)13Spend Money on Buildings, Not Utility BillsRedirect funds from utilities and operations and put it towards improving infrastructureEnergy Savings Performance Contracts (ESPC) allow customers to renew facilities and reduce energy consumption and costs without capital expenditures • Backed by VA ESPC legislation• Guaranteed performance and cost savings• The infrastructure upgrades are paid for by the cost savings resulting from these improvements over a set term• At the end of the ESPC, the customer owns all the improvements and receives all the continuing savings• Budget-Neutral Solution• Minimizes capital outlay • Replaces old and outdated equipment - with new, highly efficient equipment that costs less to operate• Upgrades funded by cost savings through Tax-exempt Lease Purchase (TELP) or other financing arrangement6.c.bPacket Pg. 51Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Proven ESPC Process146.c.bPacket Pg. 52Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Energy as a Service (EaaS)15Energy as a Service (EaaS) options allow customers•Implement energy efficiency, demand management, and infrastructure improvement measures to reduce energy consumption / load• Guaranteed performance and cost savings• Structured as a service contract to avoid debt• Not constrained by project restrictions in VA ESPC legislation• Service agreement structure such that customerpayments are contingenton Ameresco achieving certain performance criteria • Under the EaaS, the transaction is structured as a service agreement and Ameresco ownsthe equipment and/or assets being installed • Deliver operations and maintenance services• All solutions delivered with an innovative financingmodel without capital in an off-balance sheetor off-credit vehicleEstablishing a Long-Term Energy PartnershipUnique ability to finance any opportunityOperations and MaintenanceDistributed Energy Generation, Storage & MicrogridsInfrastructureEnergy Analytics & Supply ManagementEnergyEfficiency6.c.bPacket Pg. 53Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Comparing ModelsTypical Performance Contract (ESPC) Typical Energy as a Service (EaaS)16* For purposes of the diagram, Ameresco may be replaced with a special purpose company or Ameresco’s capital partner.** There may not be an explicit “guarantee” in an EaaS. However, payment is directly linked to performance as agreed in the EaaS contract. This may include energy or operating cost savings but that is not a requirement. Performance could be based on other KPIs such as: (a) Maintaining Standards of Comfort, (b) Availability and uptime of equipment, (c) Reduction in EUI/Carbon Footprint, (d) Achieving target FCI, (e) Standard of ServiceClientDesign & Performance RiskFinancial Institution% Complete PaymentsM&V FeesO&M (sometimes)Energy Saving GuaranteeLoanRepayment of LoanOther Capital (potentially)CapitalClientPerformance**Service FeeFinancial InstitutionLoanRepayment of LoanEquity*6.c.bPacket Pg. 54Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract 17Unique Ability to Finance Any OpportunityPerformance Contracting (ESPC, USPC) Design, Build, Own, Operate, Maintain (DBOOM)Power Purchase Agreements (PPA) Design-Build Engineer-Procure-Construct (EPC)Energy Service Agreements (ESA) Public-Private Partnership (P3) Energy-as-a-Service (EaaS)•Track record of $8+ Billion in energy projects across financing models, markets & technologies•Budget-neutral infrastructure upgrades use energy savings to pay for projects over time•Options for customers to implement infrastructure upgrades on- or off-balance sheet •Innovative funding with renewable energy certificates, grants, utility rebates & tax credits176.c.bPacket Pg. 55Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Path to Procurement6.c.bPacket Pg. 56Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract 19Next StepsTask TimeframeProgram Overview to Administration CompleteConduct Utility Expense Analysis CompleteConduct Preliminary Assessment CompletePresent Findings to Administration & BOE TodayIssue RFP AprilApproval of Selected ESCO• Begin Final Engineering StudyJuneApproval of Final Engineering Study AugustProject Start November6.c.bPacket Pg. 57Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Cooperative Purchasing Programs6.c.bPacket Pg. 58Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Cooperative PurchasingBENEFITSTIPS has the legislative authority to establish contracts for government and education agencies nationwide. TIPS cooperative purchasing saves time and money on lengthy, expensive RFP processTime saved during project development & award phasesExpedites achievement of potential cost savingsSelect the vendor you desire to purchase from & work with:Select vendor earlier in the program development processEnsure “early and often” communication of potential energy solutions Develop a plan to directly meet specified needs and prioritiesTIPS USA Cooperative Purchasinghttps://www.tips-usa.com/21Ameresco has pre-competed and has been pre-approved for ESPC, Renewable Services, and HVAC Services contracts under TIPS6.c.bPacket Pg. 59Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Potential Project Timeline Co-op vs RFP0 30 60 90 120 150 180 220 250Concept MeetingPresent Preliminary ReportAdvertise RFQ/RFP Select ProviderAuthorize IGAFinal ReportContractConcept MeetingPresent Preliminary ReportUtilize CO-OPAuthorize IGA/PDAFinal ReportContractDaysDecember 5 December January February March April May June July December 5 December January February March April May June July RFPCO-OP6.c.bPacket Pg. 60Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Ameresco’s Overall Qualifications & Experience6.c.bPacket Pg. 61Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract About AmerescoAmeresco, Inc. (NYSE:AMRC) is a leading cleantech integrator and renewable energy asset developer, owner and operator.Founded in 2000 | Public in 2010Comprehensive PortfolioObjective approach and in-house technical expertise delivers the most advanced technologies to meet the unique needs of each customer. Majority of projects are budget-neutral, funded by energy cost savings.Customer DrivenFederal & Municipal Governments, Commercial & Industrial, Higher Ed, K12, Public Housing, Healthcare, Airports. Market reputation across North America & Europe for excellence in customer satisfaction.$10+ Billion in energy solution projects, 280+ MWe of Owned Assets in Operation8,000+ Customers benefitting from energy efficiency measures and renewable energy generationUp to 45% Energy cost savings with comprehensive, audit- based improvementsIn 2020, our renewable energy assets and customer projects delivered a carbon offset equivalent to approx. 12.6M metric tons of CO21,000+ Employees throughout North America and the United Kingdom60+ Offices providing local expertise in markets served246.c.bPacket Pg. 62Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Ameresco’s Virginia Project Experience25Albemarle Schools Lynchburg CollegeCity of Newport News New Horizons Regional Education CenterCumberland County Schools Newport News City Public SchoolsDam Neck, Virginia Nottoway Public SchoolsDefense Supply Center, Richmond Patrick County SchoolsFort Eustis, Newport News Portsmouth City SchoolsFort Lee, Virginia Quantico Marine Corp BaseFort Monroe, Hampton Richmond City SchoolsFort Story, Virginia Beach Richmond Redevelopment & HousingFredericksburg Public Schools Shenandoah County SchoolsGreene County & Schools Stafford CountyGreensville County Schools VA Hospital, RichmondHenrico County Virginia Beach SchoolsIsle of Wight Schools Washington & Lee UniversityLangley AFBAmeresco Regional Offices:Quantico, VAHenrico, VAReston, VACharlotte, NCAmeresco has completed $255 million of energy projects in Virginia18Shenandoah County SchoolsCity of Newport NewsCumberland County SchoolsDefense Supply CenterDam NeckFort EustisFort LeeFort MonroeHenrico CountyFort StoryFredericksburg Public SchoolsGreene County & SchoolsGreensville County SchoolsIsle of Wight SchoolsVA HospitalRichmond Redevelopment & HousingRichmond City SchoolsQuantico Marine Corp BasePortsmouth City SchoolsPatrick County SchoolsNottoway Public SchoolsNewport News City Public SchoolsNew Horizons Regional Education CenterLynchburg CollegeLangley AFBWashington & Lee UniversityVirginia Beach SchoolsStafford CountyAlbemarle Schools6.c.bPacket Pg. 63Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract InnovativeAmeresco (NYSE:AMRC) is an innovative technology integrator with a comprehensive portfolio of energy efficiency and renewable energy solutions.Why Ameresco?ExpertsWe deliver a broad and deep solution portfolio within a single energy partner. From design and development to financing and construction, our in-house technical expertise sets us apart.IndependentOur objective approach enables us to implement the most advanced technologies to meet the unique needs of each customer.266.c.bPacket Pg. 64Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract ©2020 Ameresco, Inc. All rights reserved. ameresco.com© 2022 Ameresco, Inc. All rights reserved. Lushaé Cook, CEM, MBASenior Account Executive202-290-9776lcook@ameresco.comThank You6.c.bPacket Pg. 65Attachment: Pittsylvania County_Ameresco PEA 030122 (3068 : Energy Services Performance Contract Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Finance Committee Recommendations (Staff Contact: Clarence C. Monday); (10 minutes) Staff Contact(s): Clarence C. Monday Agenda Date: March 15, 2022 Item Number: 6.d Attachment(s): Reviewed By: Clarence C. Monday, Interim County Administrator, will present to the Board any recommendations from the Board’s Finance Committee. 6.d Packet Pg. 66 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. (Staff Contact: Chris D. Adcock) Staff Contact(s): Chris D. Adcock Agenda Date: March 15, 2022 Item Number: 8.a Attachment(s): Reviewed By: (1) Legal Authority: Virginia Code § 2.2-3711(A)(3) Subject Matter: Drain Field Lease Purpose: Discussion/Consultation Regarding the Same 8.a Packet Pg. 67 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. (Staff Contact: Matthew D. Rowe) Staff Contact(s): Matthew D. Rowe Agenda Date: March 15, 2022 Item Number: 8.b Attachment(s): Reviewed By: (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: General Economic Development Projects Update Purpose: Review/Consultation Regarding the Same 8.b Packet Pg. 68 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: 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. (Contact: Board of Supervisors) Staff Contact(s): Board of Supervisors Agenda Date: March 15, 2022 Item Number: 8.c Attachment(s): Reviewed By: (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: County Administrator Purpose: Review of Applicants/Next Steps 8.c Packet Pg. 69 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: March 15, 2022 Item Number: 8.d Attachment(s): Reviewed By: (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matters: Jail Land Acquisition/Procurement Purpose: Legal Consultation/Legal Advice Regarding the Same (2) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matters: Reassessment Purpose: Legal Consultation/Legal Advice Regarding the Same 8.d Packet Pg. 70 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Closed Session Certification Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: March 15, 2022 Item Number: 9.a Attachment(s): Reviewed By: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Pittsylvania County Board of Supervisors’ (“Board”) Work Session on March 15, 2022, the Board hereby certifies by a recorded vote that to the best of each Board Member’s knowledge only public business matters lawfully exempted from the Open Meeting requirements of the Virginia Freedom of Information Act (“Act”) and identified in the Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed Meeting. If any Board Member believes that there was a departure from the requirements of the Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board's Minutes. Vote Timothy W. Chesher Yes/No Darrell W. Dalton Yes/No Timothy W. Dudley Yes/No Ronald S. Scearce Yes/No Robert (“Bob”) W. Warren Yes/No Jessie L. Barksdale Yes/No William V. (“Vic”) Ingram Yes/No 9.a Packet Pg. 71