12-20-2011 BOS Adjourned Meeting~chl c~ ~ ~crc
f
~®AI~D PACKE'T'
~®ARI~ ®F SLJPEIZVIS®RS
AI~J®LTIZNEI~ I~EE~'~llTG
I.~ECEI~iI~EIZ 20, 2011
1767
PITTSYLVANIA COUNTY BOARD OF SUPEKVISORS
AllJOURNED MEETING
TUESDAY, DECEMBER 20, 2011
7:00 P.M.
GENERAL DISTRICT COURTROOM
EDWIN R. SHIELDS COURTHOUSE ADDITION
CHATHAM, VA 24531
AGENllA
Call to Order - 7:00 p.m.
2. Roll Call
3. Pledge of Allegiance
4. Items to be added to the Agenda
(a) Contract Amendment -Dewberry; Phase [CASE Report Preparation & Submission -
Pittsylvania County Landfill, Permit No.571- Pages 7-12
(b) Closed Session: Consultation with Legal Counsel and Briefings by Staff Members or
Consultants pertaining to actual or probable litigation, where such consultations or briefings
in open meeting would adversely affect the negotiating or litigation posture of the Public
Body; and consultation with Legal Counsel employed or retained by a Public Body regarding
specific legal matters requiring provision of legal advice by such Counsel
Authority: §2.2-3711(A) (7) Code of Virginia, 1450, as amended
Subject Matter: Comprehensive Services Act AudiC
Purpose: Briefing on Litigation Status -
(c) Travel -County Administrator - Pcrges 13-1 d
(d) Travel -Board of Supervisors -Page IS-/6
5. Approval of Agenda
HEARING OF THE CITIZENS
CONSENT AGENDA
6(a) Resolution -Fred Ingram Pages ! 9-20
(b) Resolution -Gretna Football Team - 2011 State Championship -Pages 21-22
(c) Resolution - W. P. Johnson -Pages 23-29
(d) Purchase of Service Weapon -Pages 25-2~4
(e) Public Safety Answering Point (PSAP) -Wireless Educatiat Grant Program -Page 29
(f) Clerk of Circuit Court -Technology Trust Funds -Pages 30-31
(g) Virginia Breast Cancer Grant -Library -Page 32
(h) Tax Refund for White Oak Grove Outreach Center - Pages 33-37
PUBLIC HEARINGS
REZONING CASES
Case 1: Paul W. Haymes & Linda T. Haymes - llan River District; R-11-043
(R-L, Kesidenticrl.4zrbunc~rn Suhdivision District to A-1, Agricultural District)
Case 2: Allen Thomas Clay & Norma Jean Clay -Callands-Gretna District; R-11-044
(R-!, Residential Subur•bcua Snhdivision District to A-1, Agriculhrrul District)
Case 3: Withdrawn
R-11-045
Case 4: Ted Rosemund Clifton & Sandra A. Clifton -Callands-Gretna District; R-11-046
(R-1, Residential Suburban Subdivision District to A-1, Agriczzltzu•al Dish•ict)
Case 5: Mark Steven Clifton -Callands-Gretna District; R-11-047
(R-L, Residential Suburbcua Snhdivision District to A-/, Agricultural District)
Case 6: Hammock Farms, LLC -Callands-Gretna District; R-11-048
(R-l, Residential Suburban Subdivision District to A-l, Agricultzrrul District)
UNFINISHED BUSINESS
7. Expenditure Refunds - A/ the December 5, 2011 meeting, motion wns made by Mr. Harville,
seconded by N/r. Ingram, which requn•ed a 10-Day Layover that has now been met -
Puges =l0-~F3
8. Courthouse Repairs Appropriation - At the December 5, ?011 meeting, motion was mode by
Mr. Harville, seconded by Mr. Ingram, mhich required u 10-Day Layover that has now been
met - Pages qd-46
9. Comprehensive Services Act (CSA) Reimbursement to Schools Appropriation -At the
December 5, 2011 meeting, motion wns made by ~b/r. Hurville, seconded by 44r. Snead, which
required a 10-Derv Lgvover that has now heerr rnet -Pages d'-~hY
NEW BUSINESS
10. Camp 15 Sewage Plant Closure-Page -50-54
11. Authorization to Negotiate Contract -Fire & Rescue Insurance-Pages 5~-56
12. E91 l System Upgrades -Pages 57-78
(a) E91 1 Radio System
(b) E911 Radio'1'ower Upgrades-Page.c 79-9d
BOARD ANNOUNCEMENTS
REPORTS FROM LEGAL COUNSEL
REPORTS FROM COUNTY AllMINISTRATOR
13. Campbell County Landfill Permit -Pages 98-105
ADJOURNMENT
TO BE ADDED
P6
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA llATE:
12-20-2011
ITEM NUMBER:
4(a)
Contract Amendment -Dewberry; Phase I CASE
Report Preparation &Submission-Pittsylvania County
Landfill, Permit No. 571
SUBJECT/PROPOSAL/REOUEST:
ACTION:
Ycs
CONSENT AGENDA:
ACTION:
Contract Amendment
STAFF CONTACT(S):
ATTACHMENTS:
Yes
William D. Sleeper; Otis S. Hawker
REVIEWED BY:
INFORMATION:
INFORMATION:
BACKGROUND:
Under Permit No. 571, Pittsylvania County is required to update its CAP (Corrective Action Plan) within a three
year period.
DISCUSSION:
The County negotiated a contract amendment in the amount of $25,000 with Dewberry to prepare the 2012 CASE
report and make the necessary submission to the State. Funds are in the current budget as this was an anticipated
expenditure.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the $25,000 contract amendment with Dewberry and authorize
the County Administrator to sign all necessary documentation.
P7
Dewberry
December 13, 201 ]
Mr. Otis Hawker
Assistant County Administrator
Pittsylvania County
P.O. Box 426
Chatham, VA 24531
RE: Pittsylvania County Landfill Facility, Permit No. 571
Phase I CASE Report Preparation & Submission
Dear Mr. Hawker:
Dewberry & Davis, Inc.
551 Piney Forest Road
Danville, VA 24540-3353
434.797.4497
434.797.4341 fax
www.dewberry.com
Dewberry & Davis, Inc. (Dewberry) is pleased to present our proposal to prepare and submit the
Corrective Action Status Evaluation (CASE) report as required under [he Pittsylvania County
Landfill, Permit Amendment for Corrective Action Plan, Pemvt #571.
UNDERSTANDING OF THE WORK
The Pittsylvania County Landfill is currently monitoring groundwater under the Corrective
Action Monitoring Plan (9VAC20-81-260) due to the concentrations of certain monitoring
parameters being shown in excess of the Groundwater Protection Standards (GPS).
The intent of the CASE report is to document, on a periodic basis, the performance of ttte
Monitoring Natural Attenuation (MNA) program. DEQ requires that while the MNA system is
active, a CASE document shall be submitted every three years, due on the calendar date the
Corrective Action Plan (CAP) amendment was issued (May 31, 2006).
EPA guidance (1999 & 2001) requires a minimum of three demonstrations to be addressed in the
report:
1. Proof that there is a statistical reduction in contaminant concentrations along distinct flow
paths.
2. A demonstration [hat contaminant reduction is driven by chemical or biologic attenuation of
the Constituents of Concern (COCs).
3. Sampling data that proves the plume has stabilized in horizontal and vertical extent.
SCOPE OF WORK
To evaluate the effectiveness of the Corrective Action phase of the facility, Dewberry will
prepare the CASE report as outlined in section XIV.M.1 of the May 31, 2006 permit amendment.
The CASE report, signed by a qualified groundwater professional, will include at a minimum:
Plume maps showing the extent of each COC under the CAP during the last three years.
An evaluation of the groundwater elevation data obtained during sampling events during
the last three years.
P8
Mr. Otis Hawker
Page 2
December 13, 2011
• Calculated rate of contaminant migration.
• Potentiome[ric surface maps showing the groundwater flow for each monitoring event.
• The concentrations of all sampled constituents identified above their respective detection
limit during the last three years.
• An evaluation of the effectiveness of the CAP, including statistical [rends of groundwater
quality within the plume of contamination.
FEE
Dewberry will provide the services described above for the following lump sum fee:
2012 CASE Report ................................
..................................... $25,000
Dewberry's Standard Terms & Conditions are contained in Attachment A and are incorporated
into this proposal by reference. Client should read carefully the Standazd Terms and Conditions
to assure [ha[ these provisions of [he proposaUcontract are fully understood. In the event Client
accepts this proposaUcontract, please execute the two enclosed proposals/contracts and send one
of the original executed proposals/contracts to this office. Execution of this contract authorizes
Dewberry to begin [he scope of work outlined in this proposal.
We appreciate your business and the opportunity to provide environmental services to
Pittsylvania County. If you should have any questions regarding any part of this, please feel free
to contact us.
Sincerely,
Dewberry & Davis, Inc.
~Q
Tr6y A. She][on
Environmental Department Manager
u-
Bradner, , CPESC
Associate Vice President
Office Manager
TAS/tas/vnl
Attachment A -Standard Terms & Conditions (4/11)
RaProposal Letters~Engineeringt2011-I2-12 Pittsylvania Co. LF CASE Rptdoc
Dewberry®
P9
Mr. Otis Hawker
Page 3
December 13, 2011
The foregoing proposal of Dewberry & Davis, Inc, is accepted:
Print (Type) Individual, Firm, or Corporate Name
Signature of Authorized Representative Date
Print (Type) Name of Authorized Representative and Title
Dewberry
P10
ATTACHMENT A
STANDARD TERMS AND CONDITIONS
These Standard Terms and Conditions ("STCs'") are incorporated by reference into the foregoing agreement or proposal, along with any Cuture modifications or
amendments thereto made in accordance with Paragraph 24 below (the "Agreement") between Dewberry ("we" or "us" or "out') and its client ("you" or "your') for the
performance ofarchitecmral, engineering, surveying, planning, or other services ("Services") These STCs are Cully binding upon you just as if they were Cully set forth in
the body of the Agreement, and shall supersede any term or provision elsewhere in the Agreement in conflict with these STCs.
I. Period of OKer Unless we decide, in writing, m extend the period for acceptance by you of our proposal, you have 90 days from our proposal date Io
accept our proposal. We have the right to withdraw the proposal at any time before you accept Delivery of a signed proposal-whether original or copy-IO us
constitutes your acceptance of the proposal, including atachments expressly incorporated into the proposal by reference. The proposal and incorporated attachments shall
constitute the entire agreement between you and us.
IC you request us to render Services before you deliver a signed proposal to us, and we render Services in accordance with the proposal, you agree that the
proposal and these STCs constitute the Agreement between you and us even ifyou fail to return a signed proposal to us.
2. Scope of Services. For the fee set forth in the Agreement, you agree That we shall only be obligated to render the Services expressly described in the
Agreement Unless the Agreemrnt expressly requires, in no event do we have any obligation or responsibility for:
a. The cortectness and completeness of any document which waz prepared by another entity.
b. The correctness and completeness of any drawing prepared by us, unless it was properly signed and sealed by a registered professional on our behalf.
c. Favorable or timely comment or action by any governmental entity on the submission of any construction documents, land use or feasibility studies,
appeals, petitions for exceptions or waivers, or other requests or documents of any nature whatsoever.
d. 'faking into account off-site circumstances other than those clearly visible and actually known to us from on-site work.
e. The actual location (or characteristics) of any portion of a utility which is not entirely visible from the surface.
f Site safety or conswction quality, means, methods, or sequences.
g. The correctness of any gtotechnical services performed by others, whether or not performed as our subcontractor.
h. The accuracy of earth work estimates and quantity take-offs, or the balance of earthwork cut and fill.
Should shop drawing review be incorporated into the Services, we shall pazs on the shop drawings with reasonable promptness. Checking and approval mf
shop dmwings will be general, for conformance with the design concept of [he project to which this Agreement relates ("ProjecP') and compliance with the information
given in the cons[mction documents, and will not include quantities, detailed dimensions, nor adjustments ofdimensions to actual field conditions. Approval shall not be
consimed as permitting any depamrre from contract requirements nor as relieving the Conlmcmr of [he sole and final responsibility for any ertor in details, dimrnsians or
otherwise that may exist.
~ We do no[ provide legal, accounting, or insurance services.
3. Your Oral Decisions. ur fret or . ravents „ ,~ ..,.,.,
You ma "++g-uaseyyp,7 d d ~a
-wrNww~eteter.
4. Proprietary Rights. The drawings, specifications and other documen6 prepared by us under this Agreement are instruments of our service for use solely
for the Project and, unless otherwise provided, we shall be deemed [he author of these documents and shall retain all common law, statutory, and other reserved rights,
including the copyright and rights to any Dewberry trademarks. You shall be permitted to retain copies, including reproducible copies of our insWmrn[s of service for
infomtation and reference for the Project. Our dmwings, specifications, or other documents shall not be used by you or others on other projects for any reazon Or for
completion of this Project by other professionals, unless you enter into a written agreement with us allowing for such use. Submission or distribution of documents to
meet official regulatory requirements or for similar purposes in connection with the Project is not to be constmed az publication inconsistent with our reserved rights.
5. Fees and Compensation. If you request us Io render services not Specifically described in the Agreement, or, if we or anyone in our employ, is called upon
to be deposed or to testify in a matter in which we are not a named party, that relates to the Project, you agree to compensate us for such services in acwrdance with [he
hourly rates as set forth on Attachment A oRhis Agreement or in any subsequently effective schedule, unless otherwise agreed in writing. If no compensation rate is set
Corth on Attachment A, or through written agreement between you and us, we shall be compensated for such services at our then current hourly rates~i r aterep
6. Period of Service. The provisions of this Agreement and the compensation provided for under the Agreement have been established in anticiparion of the
orderly and continuous progress mf the Project. Our obligation to render services will extend only for that period which may reasonably be required to complete the
Services in an orderly and continuous manner and we may then, at our sole option, terminate the Agreement.
7. Construction Costs. Constmction costs are defined as the total actual cost or estimated cost to you of all elements oRhe project designed or specified by
us excluding our fees. We assume no responsibility for any Project or conswc[ion cost estimates or opinions given to you as we have no conhol over the cost of labor,
materials, equipment, or services famished by others, or over competitive bidding or market conditions.
/ 8. Reimbursable Expenses. a-t°t°°^ "~° Ag_ t~th ,_'_~----~'~- ~ h~l r'.n!+~.w..o;~~~,' ~ e ses we t
9. Payment Terms. We may submit invoices at any time to you for Services and for reimbursable expenses incurred. Invoices are payable within 30 days of
the invoice date, and you agree le pay a finance charge of one and one half percent per month on any unpaid balance not received by us within 30 days o(the invoice
date. Invoices may be bawd either upon our estimate of the proportion o(Ihe total services actually completed at the time of billing for lump sum or fixed fee services, or
in [he case of hourly services, upon rrndering of the Services. If any invoice is not paid within 30 days of the invoice date, we shall have the right either to suspend the
performance of our Services umil all invoices more Than 30 days past due are fully paid or to terminate the agreement and to initiate proceedings to recover amounts owed
by you. Additionally, we shall have the right to withhold from you the possession or use of any dmwings or documents prepared by us for you under this or any other
agreement with you until all delinquent invoices are paid in PoII. You shall no[ offset payments of our invoices by any amounts due, or claimed to be due for any reason.
If you do not give us written notice disputing an invoice within 20 days of the invoice date, the invoice shall conclusively be deemed cortect. All payments
made by you should specify the invoice numbers being paid. If we receive payments that do no[ specify the invoices being paid, you agree that we may apply payments in
our sole discretion. Time is of the essence of your payment obligations; and your failure make full and timely payment shall be dcemed a material breach.
]0. Information From You and Public Sources. You shall famish us all plans, drawings, surveys, deeds and other documents in your possession, or that
come into your possession, which may be related to the Services, and shall inform us in writing about all special criteria or requiremrnts related to the Services (together,
"Information"). We may obtain deeds, plats, maps and any other information filed with or published by any govemmenul or quasi-governmental entity (together, "Public
Information"). Unless we are engaged in writing as an additional service to independently verify such, we may rely upon Information and Public Information in rrndering
Services. We shall nmi be responsible for ertors or omissions or additional costs arising out of our reliance on Information or Public Information. You agree to give
prompt notice ro us of any development or occurrence that aKects the scope or timing of Services, or any defect in the final work submitted by us, or ertors or omissions
of others as theyare discovered. We shall not be responsible Cor any adverse consequence arising in whole or in part from your Cailure to provide accurate or timely
information, approvals and decisions, as required for the orderly progress of the Services.
11. Plan Processing. We may submit plans and related, or other, documents to public agencies for approval'. However, it may be necessary, in order to serve
your interests and needs, for us to perform special processing, such as attending meetings and conferences with different agencies, hand cartying plans or other documents
4/11
P11
from agency to agency, and other special services. These special services are not included in the basic fee and shall be performed as additional services on an hourly fee
basis in accordance with our applicable hourly rate schedule.
12. Meetings and Conferences. To the extent the Agreement provides, we will attend meetings and conferences that you, or your representatives, reasonably
require. Funhennore, we will meet on an as-needed basis-with public agencies that might be involved in the Project. Because we cannot forecast the scope and nature of
jhese meetings and conferrnces, we will perform meeting and conference services on an hourly fee basis in accordance with our applicable hourly rate schedule.
13. Your Claims. °-- - - '' - -- - nticciena.Awn-,r~tm.re~„~.~,~,x;,
s a. Ymu shall give tss written notice within I O days oRhe date that you discover, or should, in the exercise of ordinary care, have discovered that you have,
or may have, a claim against us. If you Cail to give ua written notice within such 10 days, then such claim shall forever be barred and extinguished.
b. If we accept the claim, we shall have a reasonable lime to cure any error or omission and any damage. This shall be your sole remedy, and you must
not have caused the error or omission, or any damage resulting from the error or omission, to be cured, ifwe are ready, willing and able to do so.
c. ]f we reject the claim, we shall give you writirn notice of such rejection within 30 days of our receipt of the notice of claim Crom you. You shall then
have 60 days within which m famish us with an opinion from a recognized expert in the appropriate discipline, cortoborating your claim that we commined an ertor or
omission, and establishing that the ertor or omission arose from our failure to use the degree of care ordinarily used by professionals in that discipline in thejurisdiction
local to the Project. If you fail m furnish us such an opinion from a recognized expert within 60 days from the date we send you notice of our rejection of the claim, then
such claim shat{ forever be barred and extinguished.
d. We shall have 60 days from receipt o(the written opinion of your expert within which to reevaluate any claim asserted by you. If we again reject such
claim, or if the 60 day period from receipt of the written opinion of your expert elapses without action by us, then you may have recourse to such other remedies as may
be provided under this Agreement.
14. Hazardous or Toxic Wastes or Substances, Po11ut1on or Contamination. You acknowledge that Services rendered under this Agreement may, or will,
involve or be affected by hazardous or toxic wastes or substances, or pollution or contamination due to the presence of hazardous or toxic wastes or substances. To induce
us to enter into this Agreement, you agree to indemnify and hold us harmless from liability, loss and damages of any nature, including actual ettomey's fees and related
costs and expenses, arising out ofclaims made against us that relate, in any way, to both (a) hazardous or toxic wastes or substances, or pollution or contamination due to
the presence of hazardous or tmzic wastes or substances, and (b) the performance by us of our obligations under the Agreement, whether or not such performance by us is
claimed to have been, or was, or may have been, negligent. Unless otherwise expressly set forth in this Agreement, we shall have no responsibility for searching for, or
identifying, any hazardous or toxic wastes or substances, or pollution or contamination due [o the presence of hazardous or toxic wastes or Substances; but ifwe discover
or suspect the presence of any such wastes, substances, pollution or contamination due to the presence of hazardous or toxic wastes or substances, then we, in our sole
discretion, and at any time, may stop work under, or terminate, this Agreement, in which event we will have no further liability to you for performance under this
Agreement, and you shall make the payments to us required by-Paragraph I S of the STCs.
15. Termination. Eithtt party may terminate the Agreemrnt if the other party materially breaches the Agreement. You shall immediately pay us for our
services rendered and expenses incurted through the termination date, including foes and expenses that we incur as a result of the termination.
I6. Payment of Other Professionals. If this Agreement includes cominuation of services begun by other architects, engineers, planners, surveyors, or other
professionals, we may suspend our services until you make artangemrnts satisfactory to such othtt professionals for paymnt. If satisfactory artangements have not been
made within a time determined by us to be reasonable, then we may in our sole discretion terminate this Agreement.
] 7. Assignment and Third-Parry Beneficiaries. Neither parry shall assign or transfer any rights, interests or claims arising under this Agreement without
the written consent of the other. This Agreement shall not confer any brnefit or right upon any person or entity other than you, us and our partners, members, managers,
directors, ofLcers, employees, agents and subcontractors. Our partners, members, managers, directors, officers, employees, agents and subcontractors shall have and shall
be entitled to the protection afforded us under Paragraphs 10, 13, 14, 17, 21 and 23 of this Agreement Despite anything in this Paragraph 17 to the contrary, we may
employ independent consultan[5, azsociates, and subwn[rac[ors az we may deem necessary to render the Services and we may azsign our right to receive compensation
under this Agreement.
1 B. Applicable Law and Forum Selection. The Commonwealth of Virginia's laws shall Bove this Agreement in a~espects incl~tters of
conswction, validity, and performance. Except as provided in Paragraph ] 9, the parties agree that the courts o d th ~ ~ .fiouttr
' ~ ~ ~ shall have exclusivejurisdiction over any controversy, including mateers of constmction, validity,
and performance, arising out of this Agreement The parries copse o the jurisdiction of the Courts and waive any abjection either party might otherwise be rntitled to
assert regazdingjurisdiction. The parties irrevocably waive all right to trial byjury in any action, proceeding, or counterclaim arising out of or related to this Agreement.
19. Arbitration of Our Claims for Compensation. Instead of proceeding in coon, we, in our sole and absolute discretion, may submit any claim for
compensation due us under this Agreement to arbitration iry~~n accordance with the constmction Industry Arbitration Rules of the American
Arbitration Association, and judgmrnt upon the arbitration award may be entered in any court having jurisdiction. You agree not to assert any counterclaim or any
defense by way of set-off in such arbitration, and that the arbitrator or panel shall have no authority to consider, or to render, an award hazed upon any such counterclaim
or defense by way of set-otT. We shall have the right to withdraw our demand for azbitration at any time before the arbitration hearing starts by giving written notice to
the arbitrator or panel and you; and upon the giving of such notice by us, the arbitration shall ternina[e, no award shall be rendered, and we may then pursue our remedies
in accordance with Paragraph 18 above.
20. Severability. Ifany pan, term, or provision of this Agreement is held to be illegal or unenforceable, the validity and enforceability of the remaining parts,
terms, and provisions of this Agreement shall not be affected, and each party's rights shall be conscmed and rntorced as if the Agreement did not comain the illegal or
unenforceable pan, term, or provision.
21. Limitations on Liability. Our liability for any lass, property damage or bodily injury of or to you caused in whole or in part by us in the performance of
this Agreement, or in the performance of any supplementary services in any way related to this Agreement, shall be limited in the aggregate to the amount of fees that you
have paid to us for the Services. The parties intend that the Coregoing limitation on liability shall apply to all claims, whether sounding in tort, in contract, in waranry, or
otherwise. You release, waive, and shall not seek contribution Crom, or indemnification by, us for any claims of any nature made against you by any other person who
may suffer any loss, property damage or bodily injury in any manner associated with our services, or our partners, members, managers, directors, officers, employees,
agents and subcontractors under this Agreement„ or any supplementary services in any way related to this Agreement. We shall not be liable to you, in any evrn[ or Cor
any amount, for delays; or for consequential, special or incidental damages; or for punitive or exemplary damages. pp.}q_
22. Payment of Atlorney's Fees. The losing party shall pay the winning party's reasonable attorney s fees and expenses far the prosecution or defense of any
lion, claim or demand arising undtt this Agrcemrnt in any court or in arbitration.
23. Indemnification. - ,_
24. Integration Clause. The Agreemrnt represents the entire agreement of the panic. No prior representations, statements, or inducements made by either
us, you, or the respective agents ofeither, that is not contained in the Agreement shall enlarge, modify, alter, or otherwise vary the wrttrn teens of the Agreement unless
they are made in writing and made a part of the Agrcemrnt by attachment, incorporated by reference in the Agreemem or signed or initialed on behalf of both parties.
4/ 11
P12
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENllA DATE;
12-20-2011
ITEM NUMBER:
4(c)
Travel -County Administrator
SUBJECT/PROPOSAL/REQUEST:
ACTION:
Yes
INFORMATION:
Appropriation
STAFF CONTACT(S):
William D. Sleeper
BACKGROUND:
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
REVIEWED BY:
INFORMATION:
The Board of Supervisors in approving the 2011-2012 Annual Budget for basically all departments in the County,
travel was removed from almost all budgets.
DISCUSSION:
The County Administrator's budget had a little over $500 and there were requirements for the Commonwealth of
Virginia for the Deputy Clerk to attend Freedom of Information requirements and training for documentation
retention and this had been expended in .lanuary, 2011, and that burdened the County Administrator to little or no
travel It was a request from the Chairman of the Board for the County Administrator to attend the VACo
conference at the Homestead. The County Administrator had to attend several regional managers meetings, Federal
District Court requirements in Danville and Richmond for Circuit Court, as well as training for the new Board of
Supervisors in January and an annual conference for County Administrators and the Virginia Local Government
Managers Association. Attached hereto, you will see a memorandum identifying a breakdown ofrequired costs for
County Administration. We are requesting a transfer of funds of $3,000 from Industrial Incentives in the 325
Account to County Administrator travel to pay for the costs attached on the memorandum concerning travel hereto.
RECOMMENDATION:
Staff recommends the Board of Supervisors transfer $3,000 from Industrial Incentives to County Administration to
insure that accounting is properly addressed under County Administration rather than a variety of other lines in the
budget for this travel.
P13
PITTSYLVANIA COUNTY
VIRGINIA
`,~gYLV,t
1 '1`j
William D. Sleeper a ~' - 9
- r Phone (434) 432-7710
County Administrator O 6~ `~ ~t \ p Fax (434) 432-7714
P.O. Box 426 a ~ .: C
a / ~ z Gretna/Hurt (434) 656-6211
Chatham, Virginia 24531 ;~ `u O N y
dan.sleeper@pittgov.org +f' t Bachelors Hall/Whitmell (434) 797-9550
nee
Memorandum
To: Honorable Members of the Pittsylvania County Board of Supervisors
From: William D. Sleeper, County Administrator
Date: Friday, December 20, 2011
Subject: Travel -County Administrator
Due to the budget process of 2011-2012, all travel was reduced substantially in departments.
The County Administrator's travel and training was reduced from $4000 over the last two (2)
years to $750. There was a requirement this year specifically for the Deputy Clerk to attend
training in Richmond, Virginia, concerning the Freedom of Information Act and Retention of
Documents to meet the required law for the County of Pittsylvania. This pretty much eats up the
requirements of travel under County Administrator. The Chairman of the Board requested the
County Administrator attend the VACo Conference at the Homestead, as well as a number of
required travels that the County Administrator has had to do concerning regional managers
meetings, West Piedmont Planning District, Federal District Court in Danville, Richmond Circuit
Court for Comprehensive Services Act, Richmond for the State Executive Council for the CSA,
training in January for the Board of Supervisors and the required payments for participating in
that training and room and board, as well as request for the annual conference for the Virginia
Association of Governmental Managers at Virginia Beach in June. The following is the
estimated costs for these travels:
1. VACo Homestead - $561.38
2. Regional Managers Meeting - $9.31
3. Federal District Court in Danville - $12.56
4. Richmond Circuit Court - $287.43
5. Richmond State Executive Council - $171.08
6. Annual Training of Board of Supervisors - VACo - $781.00
Subtotal: $1,820.50
7. Annual Virginia Association County Administrators - $900.00
Grand Total: $2,720.50
I am requesting the Board of Supervisors transfer these funds from Economic Development
Incentives to the County Administrator Travel in order to meet this criteria for the 2012 year.
WDSlkp
P14
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
12-20-2011
ITEM NUMBER:
4(d)
Travel -Board of Supervisors
SUBJECT/PROPOSAL/REOUEST:
ACTION:
Yes
INFORMATION:
Approval and Appropriation
STAFF CONTACT(S):
William D. Sleeper
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Ycs
REVIEWED BY:
INFORMATION:
BACKGROUND:
During the budget process for 2011/2012, the Pittsylvania County Board of Supervisors substantially reduced line
items in various departments including travel.
DISCUSSION:
Currently under the Board of Supervisors, the Board had $7,500 for Travel and $1,500 for Training. The Boazd has
currently spent $6,577.69 under travel and $1,190 under Training. Therefore, there is only $300 remaining under
the Training line and $922 under the Travel account. The Board of Supervisors' travel/travel mileage within the
County is also paid out of this account and varies between members of the Board from $300-$1,400 per year.
Therefore, the Board of Supervisors needs to review the attached memorandum as well as this proposal
recommending the Board of Supervisors approve the training and travel necessary, as well as supplements
necessary, for the remaining of this fiscal year.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the required training for the new members of the Board of
Supervisors and approve the necessary transfers of funds for additional mileage for the remainder of the yeaz under
Board of Supervisors and additional funds For training for the remainder of the year.
P15
PITTSYLVANIA COUNTY
VIRGINIA
~ r ~ ,~
William D. Sleeper n~
r ' Phone (434) 432-7710
County Administrator ~ o
P.O. Box 426 Fax (434) 432-7714
Chatham, Virginia 24531 ° v e Gretna/Hurt (434) 656-6211
dan.sleeper@pittgov.org +~R~ BachelorsHall/Whitmell (434)797-9550
~xcia~r
Memorandum
To: The Honorable Members of the Pittsylvania Coun oard of Supervisors
From: William D. Sleeper, County Administrator
Date: December 20, 2011
Subject: Travel -Board of Supervisors
The Board of Supervisors regular appropriation for Travel is $7,500 and $1,500 for Training. This pays for
the travel of the Board of Supervisors in and out of the County, as well as trips such as committee meetings
and the annual VACo meeting at The Homestead, and necessary travel of the Board of Supervisors to
Richmond during the General Assembly Legislative Day and Prayer Breakfast that many members attend.
With the new members coming on, additional training is required for the new members in January that will
require an amendment to the Board's budget for that training as well as additional travel for the remainder
of the fiscal year.
New Supervisors Training: This training will require payments to VACo for the necessary new training
elements, room for the members of the Board, and food for breakfast and 2 dinners over the weekend of the
6'"-8'h of January 2012.
Marshall Ecker $588.00
Jesse Barksdale 588.00
Jerry Hagerman 588.00
Brenda Bowman
(this includes $127.90 for 715.90
mileage)
Total $1,891.90
Normally the Board of Supervisors has paid for travel both in and out of the County, plus meetings for
subcommittees of VACo, West Piedmont Planning District, the Regional Authority, or other meetings
requiring a member of the Board to travel on business. Since the Travel and Training lines are depleted,
this estimated cost for the remainder of the fiscal year for the Board of Supervisors is estimated at $3,649.
Therefore, it is necessary for the Board of Supervisors to approve the required travel and amendments to the
Travel line of the Board of Supervisors by transferring funds from Economic Development Incentives to the
Board of Supervisors Travel and Training as follows:
Travel - $4,149.00
Training- $900.00
WSfrf
P16
HEAitING OF
CITIZENS
P17
CONSENT
AGENDA
P18
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENllA DATE:
ITEM NUMBER:
Resolution 2011-12-07 -Frederic M. "Fred" Ingram
SU BJECT/PROPOSAL/REQUEST:
Service Resolution
STAFF CONTACT(S):
William D. Sleeper
12-20-2011
ACTION:
CONSENT AGENDA:
ACTION:
Yes
ATTACHMENTS:
Yes
REVIEWED BY:
6 (a)
INFORMATION:
INFORMATION:
BACKGROUND:
Mr. Frederic M. "Fred" Ingram was first elected to the Pittsylvania County Board of Supervisors in January 1982,
representing the Staunton River District and was a member of the Board in that capacity until December 31, 1992.
Mr. Ingram was elected again in January 1996 as the Callands-Gretna representative to the Board of Supervisors
and held that elected seat until December 2003. In January 2009, Frederic M. "Fred" Ingram was again elected to
serve as the Callands-Gretna representative to the Pittsylvania County Board of Supervisors. He has served on the
Board of Supervisors for a total of twenty-three (23) years.
Attached hereto, is a service resolution, Resolution 201 I-12-07, for the Honorable Frederic M. "Fred" Ingram for
his service for the citizens of Pittsylvania County.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve and present the attached resolution to the Honorable Frederic
M. "Fred" Ingram on Tuesday, December 20, 2011, reelecting his services to the Board of Supervisors and to the
citizens of Pittsylvania County.
P19
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION
2011-12-07
VHiGINIA: At their adjourned meeting of the Pittsylvania County Board of Supervisors held on
Tuesday, December 20, 2011, in the General District Courtroom of the Edwin R. Shields Courthouse
Addition, the following resolution was presented and adopted:
WHEREAS, the Honorable Frederic M. "Fred" Ingram, was elected to the Board of Supervisors
of Pittsylvania County and has been a member of the Board for a total of 23 years; and
WHEREAS, Frederic M. "Fred" Ingram was first elected as the elected Staunton River District
Representative to the Board of Supervisors and held office as such from January 4, 1982 thru December,
31, 1992; and
WHEREAS, from January 1996 thru December 31, 2003, and from January 2000 thru December
31, 2011, Frederic M. "Fred" Ingram was the elected Callands-Gretna District Representative to the
Board of Supervisors; and
WHEREAS, during his tenure on the Board of Supervisors, Frederic M. "Fred" Ingram was
Chairman of the Board of Supervisors in 1990 and 2001, and served as Vice-Chairman in 1989 and 1991;
and
WHEREAS, Frederic M. "Fred" Ingram has tirelessly given his time and effort to improve to
continue to service the people of Pittsylvania County on subcommittees of the Board of Supervisors
including Finance, Solid Waste, Personnel, Property and Building, Legislative, Computer
Telecommunications, Fire and Rescue Policy Board, and the Board of Supervisor Recreation Advisory
Committee; and
WHEREAS, Frederic M. "Fred" Ingram has, by his dedication and leadership, faithfully and
dutifully served the Board of Supervisors and the citizens of Pittsylvania County; now
THEREFORE, BE IT HEREBY RESOLVED, on the behalf of the Pittsylvania County Board
of Supervisors and all of the citizens of Pittsylvania County, we express our sincere appreciation to Mr.
Frederic M. "Fred" Ingram for his outstanding service and exemplary leadership that has made him a
significant figure in the history of Pittsylvania County and wish him the best; and
BE IT FURTHER RESOLOVED that a copy of this resolution be presented to Mr. Frederic M.
"Fred" Ingram.
Given under my hand this 20'" day of December, 2011
Tim R. Barber, Chairman
Pittsylvania County Board of Supervisors
William D. Sleeper, Clerk
Pittsylvania County Board of Supervisors
P20
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
12-20-2011
ITEM NUMBER:
6(b)
Resolution -Gretna Hawks Varsity Football;
2011 Group A, Division 11 State Championship
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Resolution of Recognition
CONSENT AGENDA:
ACTION:
Yes
ATTACHMENTS:
Yes I
INFORMATION:
STAFF CONTACT(S):
William D. Sleeper
REVIEWED BY:
BACKGROUND:
The Gretna Hawks have won five (5) State Championship titles in the past nine (9) seasons, bringing honor not
only to their school and athletic program, but to Pittsylvania County as well.
DISCUSSION:
Attached hereto, is Resolution 2011-12-06, to be presented to the Gretna Hawks 2011 Varsity Football Team and
their coach, Kevin Saunders, recognizing and commenting the Gretna Hawks on their outstanding achievement.
RECOMMENDATION:
Staff submits this to the Board of Supervisors for their approval.
P21
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION
2011-12-06
VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on
Tuesday, December 20, 2011, the following resolution was presented and adopted, congratulating
the Gretna Hawks Varsity Football Team on the 201 I Group A, Division II State Championship:
WHEREAS, on December 10, 2011 the Gretna Hawks Vazsity Football Team claimed its
fifth state championship title in the past nine seasons by defeating Goochland High School 21-16;
and
WHEREAS, the Gretna Hawks Varsity Football Team went undefeated in their regular
season; and
WHEREAS, the Gretna Hawks Varsity Football Team exhibited exemplary sportsmanship
and talent as they defeated their opponents in previous District, Regional, and State Championships,
and by winning the 2011 Group A State Championship, the Gretna Hawks Vazsity Football Team is
now tied for eighth all-time in Virginia High School League history; and
WHEREAS, the Gretna Hawks Varsity Football Team has performed admirably with an
undefeated regulaz season from 2003 through 2011, bringing recognition not only to themselves, but
to their school and to their County, Town, and its citizens;
THEN BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors,
on the behalf of all of the citizens of Pittsylvania County, express their sincere appreciation,
admiration, and congratulations to the Gretna Hawks Varsity Football Team of 2011 for their
winning season and bringing another State Championship to the County of Pittsylvania and the
Town of Gretna for the State Group A, Division II High School Football; and
BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to Coach
Kevin Saunders and the Members of the 2011 Gretna Hawks High School Varsity Football Team.
Given under my hand this 20`h day of December, 2011.
Tim R. Barber, Chairman
Pittsylvania County Board of Supervisors
William D. Sleeper, Clerk
Pittsylvania County Board of Supervisors
P22
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
ITEM NUMBER:
Resolution 2011-12-08 - W.P. Johnson
SUBJECT/PROPOSAL/REOUEST:
Service Resolution
STAFF CONTACT(S):
William D. Sleeper
12-20-2011
ACTION:
CONSENT AGENDA:
ACTION:
Yes
ATTACHMENTS:
Ycs
REVIEWED BY:
6 (c)
INFORMATION:
INFORMATION:
BACKGROUND:
Mc W.P. Johnson is retiring from the Pittsylvania County Soil and Water Conservation Board after 38 years of
service
DISCUSSION:
Attached hereto, is Resolution 2011-12-08, honoring the many years of service to the citizens of Pittsylvania
Canty by W.P. Johnson.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve and present the attached resolution to W.P. Johnson on
Tuesday, December 20, 2011, reflecting his service to Pittsylvania County.
P23
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION
2011-12-08
VIRGINIA: At their adjourned meeting of the Pittsylvania County Board of Supervisors held on
Tuesday, December 20, 2011, in the General District Courtroom of the Edwin R. Shields Courthouse
Addition, the following resolution was presented and adopted:
WHEREAS, W.P. Johnson has served thirty-eight (38) years on the Pittsylvania County District
Soil and Water Conservation Board; and
WHEREAS, W.P. Johnson began his tenure on the Pittsylvania County District Soil and Water
Conservation Board in 1974, replacing the seat vacated by Mr. Owen Smith; and
WHEREAS, Governor Gerald L. Baliles appointed W.P. Johnson to serve four (4) years on the
Virginia State Soil and Water Conservation Board; Governor George Allen appointed W.P. Johnson to
serve four (4) years on the Virginia State Soil and Water Conservation Board; and Governor Jim Gilmore
appointed W.P. Johnson to serve four (4) years on the Virginia State Soil and Water Conservation Board,
totaling twelve (12) years of service on the Virginia State Soil and Water Conservation Board under the
leadership of three (3) Virginia Governors; and
WHEREAS, in 1968, W.P. Johnson was named Virginia Conservation Farmer of the Year, a
program that was sponsored by Goodyear Industries, which included Mr. Johnson traveling to Arizona to
meet and share ideas with the winners from all 50 States at the National Soil and Water Conservation
Convention; and
WHEREAS, Mr. Johnson, has been a lifelong resident of Pittsylvania County; and he and his
wife, Emma Jean, live on Johnson Mill Road in Gretna, Virginia; and
WHEREAS, at the age of 17, Mr. W.P. Johnson took over the operations of a grist mill built in
1830, known as Mt. Airy Roller Mills, which he continues to operate to this day and is the only provider
in Pittsylvania County of custom ground livestock feed; now
THEREFORE, BE IT HEREBY RESOLVED, on the behalf of the Pittsylvania County Board
of Supervisors and all of the citizens of Pittsylvania County, we express our sincere appreciation to W.P.
Johnson for his outstanding service and exemplary leadership that has made him a significant figure in the
growth and development of Pittsylvania County Soil and Water Conservation Program and wish him the
best in his retirement; and
BE IT FURTHER RESOLOVED that a copy of this resolution be presented to Mr. W.P.
Johnson.
Given under my hand this 20th day of December, 2011
Tim R. Barber, Chairman
Pittsylvania County Board of Supervisors
William D. Sleeper, Clerk
Pittsylvania County Board of Supervisors
P24
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
12-20-2011
ITEM NUMBER:
6(d)
Purchase of Service Weapon
SUBJECT/PROPOSAL/REOUF,ST:
ACTION:
INFORMATION:
Purchase of Service Weapon
STAFF CONTACT(S):
William D. Sleeper; Sheriff Taylor
CONSENT AGENDA:
ACTION:
Yes
ATTACHMENTS:
Yes
REVIEWED BY:
INFORMATION:
BACKGROUND:
Over the years, the Pittsylvania County Board of Supervisors has approved requests to purchase service
weapons issued members of the Pittsylvania County Sheriff's Office upon their retirement.
DISCUSSION:
Attached hereto, is a letter from the Honorable Mike "faylor, Sheriff of Pittsylvania County, requesting
approval from the Board of Supervisors that Investigator Albert "Bo" Johnson, who is retiring at the end of
December, be allowed to purchase his issued service weapon at a price equivalent to the weapon's fair mazket value
of $375, on the date of Investigator Johnson's retirement. §59.1-148.3, Purchase of Handguns of Cer[ain Officers,
of the Code of Virginia, 1950, as amended, covers the circumstances pertaining to officers being allowed to
purchase their issued service weapons and Sheriff Taylor's request meets all the requirements of the State code.
(See attached).
RECOMMENDATION:
Staff recommends the Board of Supervisors approve Sheriff'I'aylor's request that Investigator Johnson be
allowed to purchase his issued service weapon upon his retirement date, at a price equivalent to the weapon's fair
market value of $375.
P25
Ttie_Off_ice of._the S_ h_ erff
.-..-_..-...-...--C ~~. -J -..~_.-+J
PittsyCvania County
Phone (434) 43z-7BOO or (434) 656-62tt ,fax (434) 43z-78z3
EmatC-pcso@pittgov.org lvebsite - wwwpittsyCvaniasher~org
9ltichaeC'W. rayCor
Sheriff
November 23, 2011
William D. Sleeper, County Administrator
Pittsylvania County
P.O. Box 426
Chatham, VA 24537
Re: Purchase bf Handeun
Deaz Dan:
P.O Box 407
Chatham.l'.a Z453t
Investigator Albert "Bo" Johnson with our office has submitted his letter of intent to retire at
the end of this December. Investigator Johnson being afull-time sworn law-enforcement retiring
with 10 or more years of service, but less than 20, I am requesting his issued service weapon a
Glock Mode123 Serial number HGD939 be sold to him by Pittsylvania County at a price
equivalent to the weapon's fair mazket value of $375 on the date of the officer's retirement.
With kindest regazds I remain,
Sheriff
Enclosure: 1 § 59.1-148.3. Purchase of handguns of certain officers
Cc: Vaden Hunt, Pittsylvania County Attorney
Kim Vander Hyde, Finance
Teresa Easley, Treasurer
Personnel File
MWT/mt
P26
'O "' -' ~'~ 1 LL~. V 1 Vl J
§ 59.1-148.3. Purchase of handguns of certain officers.
A. The Department of State Police, the Department of Game and Inland
Fisheries, the Department of Alcoholic Beverage Control, the State Lottery
Department, the Marine Resources Commission, the Capitol Police, the
Department of Conservation and Recreation, the Department of Forestry, any
sheriff, any regional jail board or authority and any local police department may
allow any full-time sworn law-enforcement officer, deputy, or regional jail
officer, a local fire department may allow any full-time sworn fire marshal, the
Department of Motor Vehicles may allow any law-enforcement officer, and any
institution of higher learning named in § 23-14 may allow any campus police
officer appointed pursuant to Chapter 17 (§ 23-232 et seq.) of Title 23, retiring
on or after July 1, 1991, who retires (i) after at least 20 years of service, (ii) at
70 years of age or older after at least 10 years of service, or (iii) as a result of a
service-incurred disability or who is receiving long-term disability payments for
a service-incurred disability with no expectation of returning to the employment
where he incurred the disability to purchase the service handgun issued or
previously issued to him by the agency or institution at a price of $1. If the
previously issued weapon is no longer available, a weapon of like kind may be
substituted for that weapon. This privilege shall also extend to any former
Superintendent of the Department of State Police who leaves service after a
minimum of five years. This privilege shall also extend to any person listed
above who is eligible for retirement with at least 20 years of service who
resigns on or after July 1, 1991, in good standing from one of the agencies
listed above to accept a position covered by the Virginia Retirement System.
Other weapons issued by the Department of State Police for personal duty use
of an officer, may, with approval of the Superintendent, be sold to the officer
subject to the qualifications of this section at a fair market price determined as
in subsection B, so long as the weapon is a type and configuration that can be
purchased at a regular hardware or sporting goods store by a private citizen
without restrictions other than the instant background check.
B. The agencies listed above may allow any full-time sworn law-enforcement
officer who retires with 10 or more years of service, but less than 20, to
purchase the service handgun issued to him by the agency at a price
equivalent to the weapon's fair market value on the date of the officer's
retirement. Any full-time sworn law-enforcement officer employed by any of the
agencies listed above who is retired for disability as a result of a nonservice-
incurred disability may purchase the service handgun issued to him by the
agency at a price equivalent to the weapon's fair market value on the date of
the officer's retirement. Determinations of fair market value may be made by
reference to a recognized pricing guide.
http://legl .state.va.us/cgi-bin/legp504.e x e?000+coh+59.1-148.3... 11 /23/2011
- o - - -------------- -~ ------ i ugv ~. vi .~
C. The agencies listed above may allow the immediate survivor of any full-time
sworn law-enforcement officer (i) who is killed in the line of duty or (ii) who dies
in service and has at least 20 years of service to purchase the service handgun
issued to the officer by the agency at a price of $1.
D. The governing board of any institution of higher learning named in § 23-14
may allow any campus police officer appointed pursuant to Chapter 17 (§ 23-
232 et seq.) of Title 23 who retires on or after July 1, 1991, to purchase the
service handgun issued to him at a price equivalent to the weapon's fair
market value on the date of the officer's retirement. Determinations of fair
market value may be made by reference to a recognized pricing guide.
E. The Department of State Police may allow any full-time sworn state police
law-enforcement officer who retires as a result of aservice-incurred disability
and who was on disability leave at the time the Department issued 10-mm
semiautomatic handguns to its officers to purchase one of the 10-mm
semiautomatic handguns used by the Department of State Police at a price of
$1.
F. Any officer who at the time of his retirement is a full-time sworn law-
enforcement officer with a state agency listed in subsection A and who retires
after 20 years of state service, even if a portion of his service was with another
state agency, may purchase the service handgun issued to him by the agency
from which he retires at a price of $1.
G. The sheriff of Hanover County may allow any auxiliary or volunteer deputy
sheriff with a minimum of 15 years of service, upon leaving office, to purchase
for $1 the service handgun issued to him.
H. Any sheriff or local police department, in accordance with written
authorization or approval from the local governing body, may allow any
auxiliary law-enforcement officer with more than 20 years of service to
purchase the service handgun issued to him by the agency at a price that is
equivalent to or less than the weapon's fair market value on the date of
purchase by the officer.
I. The agencies listed in subsection A may allow any full-time sworn law-
enforcement officer currently employed by the agency to purchase his service
handgun, with the approval of the chief law-enforcement officer of the agency,
at a fair market price. This subsection shall only apply when the agency has
purchased new service handguns for its officers, and the handgun subject to
the sale is no longer used by the agency or officer in the course of duty.
(1989, c. 175; 1990, c. 359; 1991, c. 389; 1992, cc. 63, 83, 195; 1996, c. 50;
http://legl.state.va.us/cgi-bin/legp504.ex e?000+coh+59.1-148.3... 11/23/2011
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Consent Agenda: Public Safety Answering Point
(PSAP)-Wireless Education Grant Program
SUBJECT/PROPOSAL/REOUEST:
Appropriation of Grant Funds for the PSAP-Wireless
Education Grant Program
STAFF CONTACT(S):
Sleeper, VanDerHyde, Mills
AGENllA DATE:
12-20-11
ACTION:
CONSENT AGENDA:
ACTION:
Yes
ATTACHMENTS:
No
REVIEWED BY:
ITEM NUMBER;
6(e)
INFORMATION:
INFORMATION:
BACKGROUND:
DISCUSSION:
The E-911 department recently received an award notification of a Wireless Education Grant provided for by
the Virginia E-911 Wireless Board. This grant totals $2,000 and is to be used for PSAP wireless education.
This grant does not require a local match.
RECOMMENDATION:
Staff recommends that $2,000.00 be appropriated to the PSAP-Wireless Education Grant (250-4-032436-
5540).
P29
H. F Haymore, Jr.
Clerk of Court
Dorothea McLaughlin
Chief Deputy
~[er~ of court
Pittsylvania County Circuit Court
P. O. Drawer 31
Chatham, Virginia 24531
434-432-7887
TO: Kim Van Der Hyde
FROM: H. F. Haymore, Jr.,
SUBJECT: Line Item Increase
DATE: November 18, 2011
Deputies:
Grace Allen
Kath}• K. !ones
Leecy Kitchens
Jane Marsh
Suzanne Meadox•s
Katie Oxen
Judy W. Pierce
Cindy Redding
Ann Roach
Please increase the following line items from TTF State Funds for software maintenance
and redaction of SS# from various documents:
Line Item #21600-33100 - $10,199.00
Line Item #21600-316100 - $6,914.00
Thanks
P31
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
12-20-i1
ITEM NUMBER:
6(f)
Consent Agenda: Clerk of Circuit Court -Technology ACTION:
Trust Funds (TTF)-Requires a motion and a 10-day Yes
Inyover
SUBJECT/PROPOSAL/REOUEST:
Budget Amendment for Technology Trust Fund
monies
STAFF CONTACT(S):
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
REVIEWED BY:
INFORMATION:
INFORMATION:
BACKGROUND:
During the budget process, Technology Trust Fund monies were not included because the amount was
undetermined at the time.
DISCUSSION:
H.F. Haymore, Clerk of Court has received notification from the State Compensation Board that there is a
total of $17,113 of technology trust funds that are available for expenditure. These funds will be used for
software maintenance and redaction of SS# from various documents. These funds will be reimbursed 100%
from the State Compensation Board. Therefore, the following budget amendment needs to be approved and
the monies appropriated from the State Compensation Board.
100-4-021600-3310 $10,199.00
100-4-021600-3161 6,914.00
$17,113.00
RECOMMENDATION:
Staff recommends that the Boazd of Supervisors appropriate $17,113.00 to the Clerk of Court Budget. The
breakdown of these funds is listed above. THIS AMENDMENT REQUIRES A MOTION AND A 10-DAY
LAYOVER.
P30
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA DATE:
AGENDA TITLE: 12-20-11
Consent Agenda: Virginia Breast Cancer Grant - ACTION:
Library-This motion requires a roll call vote
SUBJECT/PROPOSAL/REOUEST: I CONSENT AGENDA:
ACTION:
Appropriation of Virginia Breast Cancer Grant Yes
ATTACHMENTS:
No
STAFF CONTACT(S):
Sleeaer. VanDerHvdc. Mills
ITEM NUMBER:
6(g)
INFORMATION:
INFORMATION:
BACKGROUND:
DISCUSSION:
The Library has been given a Virginia Breast Cancer grant for the purpose of purchasing books. This grant
totaled $400.00 amd does not require a local match.
RECOMMENDATION:
Staff recommends that $400.00 be appropriated to the VA Breast Cancer Grant-Library. THIS MOTION
REQUIRES A ROLL CALL VOTE.
P32
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA DATE:
AGENDA TITLE: 12-20-1 l
Consent Agenda: Tax Refund for White Oak Grove I ACTION:
Outreach Center
SUBJECT/PROPOSAL/REOUEST: CONSENT AGENDA:
ACTION:
Approval by the Board of Supervisors to issue a tax Yes
refund to White Oak Grove Outreach Center
retroactive to January 1, 201 I ATTACHMENTS:
Yes ~
REVIEWED BY:
STAFF CONTACT(S):
ITEM NUMBER:
6(h)
INFORMATION:
INFORMATION:
BACKGROUND:
The White Oak Grove Outreach Center submitted a request through the County Administrator for tax
exemption on two vehicles used for charitable purposes by their organization. Their request for tax
exemption was approved by the Board of Supervisors at their adjourned meeting, August 16, 2011.
llISCUSSION:
White Oak Grove Outreach Center had also requested a tax refund back to January 1, 2011. The amount paid
for tax that needs to be refunded to White Oak Grove totals $285.60. At the time of their tax exemption
approval, the Board did not discuss the refund.
RECOMMENDATION:
Staff recommends that the Board of Supervisors approve a tax refund in the amount of $285.60 to the White
Oak Grove Outreach Center.
P33
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
ITEM NUMBER:
Personal Property Tax Exemption Request-White Oak
Grove Outreach Center
SUBJECT/PROPOSAL/REOUEST:
Request for Public Hearing
STAFF CONTACT(S):
William D. Sleeper
07-19-2011
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
REVIEWED BY:
23
INFORMATION:
INFORMATION:
BACKGROUND:
The White Oak Grove Outreach Center has submitted a request through the County Administrator for tax
exemption on two vehicles used for charitable purposes by their organization. In order to exempt these vehicles,
the County's Board of Supervisors must hold a public hearing.
DISCUSSION:
The White Oak Grove Outreach Center has a 501(C) 3 tax exempt status and the center is exempt from tax per Sec.
6-6.3 of the Pittsylvania County Code (Board ofSupervisor Meeting 12-19-2006). Presently, the White Oak Grove
Outreach Center is requesting exemption for personal property tax fora 2007 Ford van and a 2010 Ford van used to
transport people to and from the center. The Office of the Commissioner of Revenue states this would be a total of
$805.80 of personal property tax to be exempt. (See Attached). A public hearing would be required to amend Sec.
6-6.3 of the Pittsylvania County Code to include this tax exemption for the White Oak Grove Outreach Center.
RECOMMENDATION:
Staff recommends the Board of Supervisors set a public hearing to be held for August 1, 2011 for citizen input
concerning the White Oak Grove Outreach Center's request for personal property exemption for the above
referenced vehicles.
P34
PUBLIC HEARING NOTICE
The Pittsylvania County Boazd of Supervisors will hold a public hearing at 7:00 p.m. on
Tuesday, August 16, 2011 in the General District Courtroom of the Edwin R. Shields
Courthouse Addition in Chatham, Virginia to receive citizen input on proposed
amendments to the Pittsylvania County Code Section 6-6.3. The purpose of this proposed
amendment would be to approve tax exemption for atax-exempt charity for two (2)
vehicles valued at $805.80 owned by The White Oak Outreach Center. A full text of the
proposed amended changes aze available in the Office of the County Administrator, 21
North Main Street, Chatham, Virginia, Monday through Friday between the hours of 8:00
a. m. and 5:00 p. m. as well as on the County's website at www.pittgov.org
P35
. ~~ - . .
..~.. _
~+..~ :~.Qe< °~a~ t 0.3
146 t guy `loth `lined. C~~y, ~,)aet,, moo. 2/r5~i9
C~jyy.~~, cVa~ 245~i9
~j;~,~pl{ohr 4 34 -250-! 649 / 434 -4 32 -R 117
'Se«eiwg~~wd ~tM~`~°/rlti'r ~'°'ga,ri[d~mcl~dseo`~nwwW.riy~~
July 11, 2011
Dear Mr. Sleeper,
/ am writing this letter to request a Personal Property Tar Exemption for the White Dak
Grove lhtreach Center vehicles. We have a 1007 I•'ord van, vehicle identification
number; 1 FBSS31 L07DB02175 and a 2010 Ford van, vehicle identification number:
1 FBSS3BLSAD.~S6798. These vehicles are used to transpost people to and from the
Outreach Center.
The White Oak Grove Outreach Ce»ter has a SO! (C)3 Tax Exempt status. The Tax 1D#
is UJ-0688619. It is aNon-Profit organization seeking to make our community bener by
serving its• people.
We are also requesting that this exemption be retroactive to January 1, 2011. Please
give this request your utmost consideration. If you have any questions or need more
information, please contact me at (434)432-8117 or (434)230•!649.
In service jot Christ,
J~-----~` ~ U 5''~-
E~ord L. Pope, President
P36
Vehicle Summary With NADA Values
NADA Used Car Guide
Wednesday, July 13, 2011
Cufde Edition: Fsstem Uscd Cnr Guide • January 201 I
Vehicle Descrlptfon: 2007 FORD TRUCK
Econolinc E350 Wag-VS Super Duty Extended Wagon
VIN: I F65S31 L 07D802175 Weight : 6I ] 3
Stock q: MSRP: 529,905
Rough pvg. Cltan Clean Clcan
NADA Trade-In Trade-In Tradrln Loan Retell
B6SC Valets SY,T00 511,200 512,150 EI I,I2S f15,575
Mileage: N/A WA NIA N(A N!A WA
Accessories T6 SD TO SO SO
NADA
Adjusted Values M,B00 S11?00 512.750 SI 1,125 515,575
Appraiscr SO So f0 SO SO
Adjustmtnl
Adjuattd Vplua f9,f00 S11,200 512,550 511,125 511,575
Accessories: Trade Loan Retail
Rau Air Conditaning wlbodu w/body w/Lwly
(11aJD b
X ~So
33b0 x$5° =ag56o
Appraiser Item: Value Appraiser ltem: Value
NMA I¢„m,a,ro rtNnniplily m IiSMh1Y fn ^R,'trtiNS w nmu,ian, or
eY NSiS'xxu a w•tDllwls sa0r hl' en1uS.• un aNS Rparl.
All NAUA valeu N rtCn,wd r,ih pem,otix of NAnA Ilvd t'pr Gu,a., NAl1ASf.
P37
PUBLIC HEARING
P38
UNFINISHED
BUSINESS
P39
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
12-20-11
ITEM NUMBER:
7
Expenditure Refunds-Motion made by Mr. Harville, ACTION:
seconded by Mr. Ingram and has now met the 10-day Yes
layover requirement. This action regTtires a roll call
vote.
CONSENT AGENDA:
ACTION:
INFORMATION:
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Budget Amendment for expenditure refunds
STAFF CONTACT(S):
ATTACHMENTS:
Yes
REVIEWED BY:
BACKGROUND:
DISCUSSION:
Attached is a list of expenditure refunds for the month of November, 2011 for review. As discussed earlier
with the Board, the simple routine of putting every refund back in the budget is extremely time consuming
and leaves room for errors. To stay in balance with the Treasurer, we need to reappropriate refunds into the
budget so the budget would increase with every expenditure refund.
RECOMMENDATION:
Staff recommends the reappropriation offunds as follows: $95.72 to Board of Supervisors-Telephone (100-
4-011010-5230), $60.00 to Sheriff-Parts (100-4-031200-6030), $245.00 to Sheriff-Police Supplies (100-4-
031200-6010), $1,516.39 to Extradition (100-4-033100-5550), $5,750.00 to Jail-Police Supplies (100-4-
033100-6010), $1,186.20 to Ag Development-Travel (100-4-082500-5500), $17,920.14 to WIA-Rent (251-4-
353160-5420). MOTION MADE BY MR. HARVILLE, SECONDED BY MR. INGRAM AND HAS NOW
MET THE 10-DAY LAYOVER REQUIREMENT. THIS ACTION REQUIRES A ROLL CALL VOTE.
vao
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA DATE:
AGENDA TITLE: ` 12-OS-11
Expenditure Refunds-Requires a Motion and a !0- I ACTION:
Day Layover Yes
SUBJECT/PROPOSAL/REOUEST: I CONSENT AGENllA:
ACTION:
Budget Amendment for expenditure refunds
ATTACHMENTS:
Yes
STAFF CONTACT(S):
ITEM NUMBER:
l3
INFORMATION:
INFORMATION:
BACKGROUND:
Attached is a list of expenditure refunds for the month of November, 2011 for review. As discussed earlier
with the Board, the simple routine of putting every refund back in the budget is extremely time consuming
and leaves room for errors. To stay in balance with the Treasurer, we need to reappropriate refunds into the
budget so the budget would increase with every expenditure refund.
RECOMMENDATION:
Staff recommends the reappropriation of funds as follows: $95.72 to Board of Supervisors-Telephone (100-
4-011010-5230), $60.00 to Sheriff-Parts (100-4-031200-6030), $245.00 to Sheriff-Police Supplies (100-4-
031200-6010), $1,516.39 to Extradition (100-4-033100-5550), $5,750.00 to Jail-Police Supplies (100-4-
033100-6010), $1,186.20 to Ag bevelopment-Travel (100-4-082500-5500), $17,920.14 to WIA-Rent (251-4-
353160-5420). REQUIRES A MOTION AND A 10-DAY LAYOVER.
P41
PITTSYLVANIA COUNTY
Finance Department
P.O. Box 426
Chatham, Virginia 24531
VIRGINIA
.~
*~
o
r* i~
nar .
MEMO T0: William D. Sleeper, County Administrator
FROM: Kim Van Der Hyde..
Finance Director
SUBJECT: November Expenditure Refunds
DATE: December I, 2011
Phone (434) 432-7740
Fax (434) 432-7746
Gretna/Hurt (434)656-6211
Bachelors Hall/Whitmell (434) 797-9550
The list below shows all expenditure refunds that were sent to the Finance
Department during the month of November. Please review these
expenditure refunds and advise me on the refunds that need to be
appropriated by the Boazd of Supervisors.
100-4-011010-5230 Bd ofSupervisors-Telephone 95.72
Reimbursement of Telephone Charges
100-4-031200-6030 Sheriff-Parts
Restitution/Insurance
100-4-031200-6010 Sheriff-Police Supplies
Refund due to Termination
of Storage Facility
100-4-033100-5550 Jail-Extradition
100-4-033100-6010 Jail-Police Supplies
Insurance Claim
100-4-082500-5500
251-4-353160-5420
Ag Development-Travel
Reimbursement of Airline
Tickets
WIA-Rent
Rent Reimbursement
(251-3-000000-180301)
TOTAL EXPENDITURE REFUNDS - NOVEMBER
60.00
245.00
1,516.39
5,750.00
1, ] 86.20
17,920.14
$26,773.45
P42
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
12/20/ 11
ITEM NUMBER:
8
Courthouse Repairs Appropriation-Motion made by
Mr. Harville, seconded by Mr. Ingram and has now ACTION:
met the 10-day layover requirement. This action Yes
requires a roll call vote.
SUBJECT/PROPOSAL/REOUEST:
Appropriation of Courthouse Repairs
STAFF CONTACT(S):
Mr. Sleeper, Ms. Van Der Hyde
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
REVIEWED BY:
INFORMATION:
INFORMATION:
BACKGROUND:
An invitation to bid on repair of the masonry wall crack at the Pittsylvania County Courthouse, was mailed
to six (6) vendors on November 4, 2011. The invitation to bid was also advertised and posted on our website
and public notice board.
DISCUSSION:
Bids were received and publicly opened on Tuesday, November 29, 2011, at 3:00 p.m. We received two (2)
responses. The apparent low bidder is Quality Construction Inc., with a lump sum bid of $6,900.
Funds are not budgeted to make this repair.
RECOMMENDATION:
Staff recommends that the Board award the bid to Quality Construction, at a cost of $6,900 and appropriate
funds from unappropriated surplus to the Courthouse Maintenance Fund.
An additional appropriation of $3,500 is needed to cover the cost of the architectural fee and the emergency
repairs made to date. A total appropriation of $10,400 is needed. MOTION MADE BY MR. HARVILLE,
SECONDED BY MR. INGRAM AND HAS NOW MET THE 10-DAY LAYOVER REQUIREMENT.
THIS ACTION REQUIRES A ROLL CALL VOTE.
P44
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE: ITEM NUMBER:
12/5/11 10
CONTRACT AWARD -COURTHOUSE REPAIRS
ACTION: INFORMATION:
SUBJECT/PROPOSAL/REQUEST: Yes
BID AWARD CONSENT AGENDA:
ACTION: INFORMATION:
STAFF CONTACT(S):
Mr. Sleeper, Mr. Hawker, Ms. Meeks ATTACHMENTS:
Yes
REVIEWED BY:
BACKGROUND:
An invitation to bid on repair of the masonry wall crack at the Pittsylvania County
Courthouse, was mailed to six (6) vendors on November 4, 2011, The invitation to bid was
also advertised and posted on our website and public notice board.
DISCUSSION:
Bids were received and publicly opened on Tuesday, November 29, 2011, at 3:00 p.m. We
received two (2) responses. The apparent low bidder is Quality Construction Inc., with a
lump sum bid of $6,900.
Funds are not budgeted to make this repair.
RECOMMENDATION:
Staff recommends that the Board award the bid to Quality Construction, at a cost of $6,900
and appropriate funds from unappropriated surplus to the Courthouse Maintenance Fund.
An additional appropriation of $3,500 is needed to cover the cost of the architectural fee and
the emergency repairs made to date. A total appropriation of $10,400 is needed. This
appropriation requires a motion and a ten day layover.
P45
REPAIR OF MASONRY WALL CRACKS - PITTSYLVANIA COUNTY COURTHOUSE
BID TALLY SHEET
Quality Construction Co.
Danville, VA $6,900.00
Blair Construction Co.
Gretna, VA $7,930.00
Completion Date: 1/19/12
Completion Date: 1/13/12
P46
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
12-20-11
ITEM UMBER:
9
Comprehensive Services Act (CSA)-Keimbursement ACTION:
to Schools Appropriation-Motion made by Mr. Yes
Norville, seconded by Mr. Snead and has now met the
10-day luyover reyuirement. '!'his action reyuires u CONSENT AGENDA:
roll call vote. ACTION:
INFORMATION:
INFORMATION:
SUBJECT/PROPOSAL/REOUEST:
Appropriation of CSA Expenditures to the School
Fund (Fund 205)
STAFF CONTACT(Sl:
ATTACHMENTS:
Yes
REVIEWED BY:
BACKGROUND:
At the 8-17-10 adjourned meeting of the Board of Supervisors, the Board unanimously voted to cease paying
for private day placements for the Comprehensive Services Act until the CSA audit was complete. Upon
completion of this audit, the Board also decided that it was in the best interest of the County to allow the
Schools to continue to upfront CSA expenditures and be reimbursed by the County. The Schools did not
budget for this expenditure in their FY 2012 budget.
DISCUSSION:
Currently an appropriation exists in the General Pund to reimburse the Schools for their CSA costs; however,
the expenditure on the Schools side has not yet been appropriated. A total of $1,409,249.89 of elgible CSA
expenditures has been incurred by the School Board. Of this amount, $331,878.38 represents local funds and
$1,077,371.51 represents state funds. These funds need to be appropriated on the Schools side to offset their
CSA expenditure. To date, a total of $761,012.39 has been returned to the Schools and the remainder of the
amount above should be returned by December 31, 2011. CSA reimbursements to the Schools are not paid
until State funds are received by the County. An additional appropriation will be needed for the second half
of FY 2012. This request will be presented to the Board in January 2012.
RECOMMENDATION:
Staff recommends that the Board of Supervisors consider an appropriation of $1,409,249.89 to the School
(Fund 205) to cover CSA expenditures. MOTION MADE BY MR. HARVILLE, SECONDED BY MR.
SNEAD AND HAS NOW MET THE 10-DAY LAYOVER REQUIREMENT. THIS ACTION REQUIRES
A ROLL CALL VOTE.
P47
P[TTSYLVAN[A COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
12-OS-lI
ITEM UMBER:
14
Comprehensive Services Act (CSA)-Reimbursement
to Schools Appropriation-Reyuirer cr Motion and a
10-Dny layover
SUBJECT/PRO POSAL/REOUEST:
Appropriation of CSA Expenditures to the School
Fund (Fund 205)
STAFF CONTACT(Sl:
ACTION:
Yes
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS:
No
REVIEWEll BY:
BACKGROUND:
At the 8-17-10 adjourned meeting of the Board of Supervisors, the Board unanimously voted to cease paying
for private day placements for the Comprehensive Services Act until the CSA audit was complete. Upon
completion of this audit, the Board also decided that it was in the best interest of the County to allow the
Schools to continue to upfront CSA expenditures and be reimbursed by the County. The Schools did not
budget for this expenditure in their FY 2012 budget.
DISCUSSION:
Currently an appropriation exists in the General Fund to reimburse the Schools for their CSA costs; however,
the expenditure on the Schools side has not yet been appropriated. A total of $1,409,249.89 of elgible CSA
expenditures has been incurred by the School Board. Of this amount, $331,878.38 represents local funds and
$1,077,371.51 represents state funds. 'These funds need to be appropriated on the Schools side to offset their
CSA expenditure. To date, a total of $761,012.39 has been returned to the Schools and the remainder of the
amount above should be returned by December 31, 201 I. CSA reimbursements to the Schools are not paid
until State funds are received by the County. An additional appropriation will be needed for the second half
of FY 2012. This request will be presented to the Board in January 2012.
RECOMMENDATION:
Staff recommends that the Board of Supervisors consider an appropriation of $1,409,249.89 to the School
(Fund 205) to cover CSA expenditures. REQU[RES A MOTION AND A 10-DAY LAYOVER.
P48
NEW BUSINESS
P49
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
12-20-2011
ITEM NUMBER:
10
Camp 15
S UBJECT/PROPOSAL/REOUEST:
ACTION:
Yes
INFORMATION:
Engineering -Sanitary Sewer
STAFF CONTACT(S):
William D. Sleeper
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS:
Ycs
REVIEWED BY:
BACKGROUND:
The Board of Supervisors accepted the property for Camp 15 in order to negotiate the construction of a new jail It
has been determined that the costs requirements for renovations for existing facility are not economically feasible at
this point in time. The County will have to consider construction of a new jail facility as opposed to required
renovations to the existing Camp 15.
DISCUSSION:
Since the County has accepted Camp 15, we are inheriting immediate costs dealing with that facility; one ofthose is
the operation of the sewage treatment plant which is currently operating and the electric bills necessary for the
existing buildings and those facilities. We are requesting the Board of Supervisors to approve the shutdown of all
of the items on that Camp IS site, including the sewage treatment plant. To close the required sewage treatment
plant, it requires an engineering plan to the Department of Environmental Quality concerning the plant closure.
Attached hereto is a contract from Dewberry concerning Camp 15 Sewage Plant Closure Plan.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the Sewage Treatment Closure Plan with Dewberry in the
amount of $6,800 and authorize the County Administrator to sign the required contracts.
P50
Dewberry
Dewberry & Davis, Inc.
s51 Piney Forest Road
Danville, VA 24540-3353
434.797.4497
434.797.4341 fax
www.dewberry.com
December 8, 2011
Mr. Otis Hawker
Assistant County Administrator
Pittsylvania County
21 North Main Street
Chatham, VA 24531
Re: DOC Camp 15 Sewage Plant Closure Plan
Engineering Proposal
Dear Mr. Hawker:
We are pleased to present herein our proposal for engineering services to prepare a sewage plant
closure plan for DOC's Camp 15. This proposal is being provided at the request of the County for
evaluating the necessary measures to properly close the old Camp 15 sewage plant. In preparing this
proposal we have contacted Kirk Batsel with DEQ and obtained a preliminary understanding of closure
requirements.
UNDERSTANDING OF PROJECT
The old Camp 15 sewage plant is no longer operational although occasionally waste is sent to it when
personel are working in a nearby shop. The waste sent to the plant is held in a holding tank and then
pumped out and hauled off.
The county wishes to have a sewage plant closure plan developed to outline this process meeting DEQ's
minimum requirements.
SCOPE OF SERVICES
1. Sewage Plant Closure Plan: A sewage plant closure plan will be prepared to evaluate the necessary
process to close the existing Camp 15 sewage plant and will be written to meet minimum DEQ
requirements. Action items will include:
a. Meet with Pittsylvania County and DEQ on site to discuss project needs
b. Identify specific closure requirements and improvements.
c. Prepare needed exhibits and maps.
d. Compile closure plan.
e. Make revisions to sewage plant closure plan based on any comments received from Pittsylvania
County or DEQ.
f. Submit final closure plan to Pittsylvania County.
P51
Mc Otis Hawker
Page 2
December 8, 2011
QUALIFICATIONS
Scope of services do not include design, permitting, wetland delineation, survey, detailed review of
environmental impacts, sampling, etc. since these scope items are not typically required for the
development of a closre plan. Dewberry is prepared however to assist in these services under a
separate proposal.
FEE & SCHEDULE
Dewberry proposes to provide the above scope of services based on a lump sum basis for the total fee
of $61800.
Anticipated preparation of the Closure Plan will take approximately 45-60 days to complete.
This proposal is subject to out Standard Terms and Conditions annexed as Attachment A. Our receipt of
a copy of this proposal, executed below by you will serve as our authorization to proceed. We
appreciate the opportunity to present this proposal and look forward to working on this very important
project for the Town.
Sincerely,
De'~w/bJ~e~(~r,){ry~&~~D,~avis, Inc.
Mega` nBond
Project Engineer
--
R. Scott Ehrhardt, P.E.
Project Manager
RSE/mf/chn
Attachment A -Standard Terms & Conditions (4/11)
R:\Proposal letters\Engineering\2011.12.8 DOC WWTP Closure Plan.doc
The foregoing proposal of Dewberry & Davis, Inc. is accepted:
Print (Type) Individual, Firm, or Corporate Name
Signature of Authorized Representative Date
Print (Type) Name of Authorized Representative and Title
Dewberry-
P52
ATTACHMENTA
STANDARD TERMS AND CONDITIONS
These Standard Terms and Conditions ("STCs'") are incorporated by reference into the foregoing agreement or proposal, along with any fumse modifications or
amendments therao made in accordance with Paragraph 24 below (the "Agreement") between Dewberry ("we" or'VS" or "our') and its clirnl ("you" or "your') for the
performance of architectural, engineering, surveying, planning, or other services ("Services"). These STCs are fully binding upon you just as it [hey were Polly set forth in
the body of the Agreement, and shall supersede any term or provision elsewhere in the Agreement in conflict with these STCs.
I. Period of ORer. Unless we decide, in writing, Io extend the period for acceptance by you of our proposal, you have 90 days from our proposal date.to
accept our proposal. We have the right to withdraw the proposal at any time before you accept. Delivery of a signed proposal-whether original or copy-to us
constitutes your acceptance of the proposal, including attachments expressly incorporated into the proposal by reference. The proposal and incorporated attachments shall
constitute the entire agrcemem between you and us.
If you requesr us to render Service before you deliver a signed proposal to us, and we render Services in accordance with the proposal, you agree that the
proposal and these STCs constitute the Agreement between you and us even i(you fail to return a signed proposal to us.
2. Scope of Services. For the fee set forth in the Agreement, you agree that we shall only be obligated to render the Smices expressly described in the
Agreement. Unless the Agreement ezprcssly requires; in no event do we have any obligation or responsibility for:
a. The corecmess and completeness of any dceumem which waz prepared by another entity.
b. The correctness and completeness of any drawing prepared by us, unless it was properly signed and sealed by a registtted professional on our behalf.
c. Favorable or timely comment or action by any governmental entity on the submission of any constmetion documents, land use or feasibility studies,
appeals, petitions for exceptions or waivers, or other requests or documents of any nature whatsoever.
d. Taking into account off-site circumstances other than those cleazly visible and actually known ro us from on-site work.
e. The actual location (or characteristics) of any portion of a utility which is not rntircly visible from fie surface.
f. Site safety or conswction quality, means, methods, or sequences.
g. The corectnus oC any geotechnical services performed by others, whether or not performed az our subcontmdor.
h. The accuracy of each work estimates and quantity take-offs, or the balance of earthwork cut and fill.
Should shop dmwing review be incorporated into the Smices, we shall pazs on the shop drawings with reazonable promptness. Checking and approval mf
shop drawings will be general, for conformance with the design concept of the project to which this Agreement relates ("Projxt") and compliance with the information
given in the construction documents, and will not include quantities, detailed dimrnsions, nor adjustmrnU of dimensions to actual field wnditions. Approval shall not be
wnstmed as pernining any departure Crom contract requirements nor az relieving the Contractor of the sole and final responsibility for any eror in details, dimensions or
otherwise that may exist.
~ We do not provide legal, accounting, or insurance services.
t 3. Your Oral Decisions. ur trce or . ra¢en a ,~ ..,,.,
4. Proprietary RighU. The drawings, specifications and other documents prepared 6y us under this Agreement are instrumrnts oC our service for use solely
for the Project and, unless otherwise provided, we shall be deemed the author of these documenU and shall retain all common law, statutory, and other reserved righU,
including the copyright and rights to any Dewbery trademarks. You shall be permitted to retain copies, including reproducible copies of ow instmments of service for
information and reference for the Project. Our drawings, specifications, or other documents shall not be used by you or others on other projats for any reason or for
completion of this Project by other professionals, unless you enter into a written agreement with us allowing for such use. Submission or distribution of documents to
meet official regulatory requirements or for similaz purposes in connection with the Project is not to be construed az publication inconsistent with our reserved rights.
5. Fees and Compemsadon. If you request us to render services not specifically described in the Agreement, or, if we or anyone in our employ, is called upon
to be deposed or to testify in a maner in which we are not a named party, that relates to the Project, you agrce to comprnsate us for such services in accordance with the
hourly rates az set forth on Attachment A of this Agreemrnt or in any subsequently effective schedulq unless otherwise agreed in writing. If no corn,~, "sation rate is set
forth on Atachmrnt A, or through writtrn agreement between you and us, we shall be compensated for such services at our then curent hourly rates ~ oiise~T
6. Period of Service. The provisions of this Agreemrnt and the wmprnsation provided for under the Agrecmrn[ have been established in anticipation of the
orderly and continuous progress of the Project. Our obligation to render service will extend only for that period which may reasonably be required to complete the
Services in an orderly and continuous manner and we may thrn, at our sole option, terminate the Agreement.
7. ConstrucBon CosU. Constmetion costs are defined az the total actual wst or estimated cost to you of all elements of the projat designed or specified by
us excluding our fees. We assume no responsibility for any Project or construction cost estimates or opinions given to you as we have no control over the cost of labor,
materials, equipmrnt, or services famished by others, or over competitive bidding or market conditions.
i 6. Reimbursable Expenses. "-'-~- •x e r h p--.e.;ex F h II t. - aroffi;' es we
9 Payment Terms. We may submit invoices at any time to you for Services and for reimbursable expenses incured. ~ Invoices are payable within 30 days of
the invoice date, and you agree to pay a finance charge of one and one half percent per month on any unpaid balance not received by us within 30 days of the invoice
date. Invoices maybe based either upon our estimate of the proportion o(the total services actually completed at the time of billing for lump sum or fixed fee services, or
in the case of hourly services, upon rendering of the Services. If any invoice is not paid within 30 days of the invoice date, we shall have the right either to susprnd the
performance of our Services until all invoices more than 30 days past due are fully paid or to terminate the agreement and to initiate proceedings to recover amounts owed
by you. Additionally, we shall have the right to withhold from you the possession or use of any dmwings or documents prepared by us Cor you under this or any other
agreement with you until all delinquent invoices are paid in full. You shall not offset payments ofour invoices by any amounU due, or claimed to be due for any reason.
IC you do not give us written notice disputing an invoice within 20 days of the invoice date, the invoice shall conclusively be deemed cored All payments
made by you should specify the invoice numbers being paid. If we receive payments that do not specify the invoices being paid, you ogee waz we may apply payments in
our sole discretion. Time is of the essmw of your payment obligations; and your failure make full and timely payment shall be domed a material breach.
10. InformaRon From You and Public Sources. You shall famish us all plans, drawings, surveys, deeds and other documrnU in your possession, m that
come into your possession, which maybe related to the Services, and shall inform ua in writing about all special criteria or requiremenU related to the Services (together,
"Information"). We may obuin dceds, plaU, maps and any other information filed with or published by any governmental or quazi-govemmrntal rntiry (together, "Public
Information"). Unless we are engaged in writing az an additional service to indeprndently verify such, we may rely upon Information and Public Information m rendering
Services. We shall not be responsible for erors or omissions or additiorel cosU arising out of our reliance on Information or Public Intdmration. You egce to give
prompt notice to us of any development mr occurtence that allects the scope or timing of Services, or any detect in the final work submitted by us, or ertors or omissions
of others az they are discovered. We shall not be responsible for any adverse consequence arising in whole or in part from your failure to provide accurate or timely
information, approvals and decisions, az required for the orderly progress afihe Services.
11 Plan Processing. We may submit plans and related, or other, documents to public agencies for approval: However, it maybe necessary, in order to serve
your interests and needs, for us to perform special processing, such az attending meetings and conferences with different agencies, hand carrying plans or other documents
4/II
P53
Cram agency to agency, and other special services. These special services are not included in the basic fee and shall be performed as additional services on an hourly fee
basis in accordance with our applicable hourly rate schedule.
12. Meetings and Conferences. 7o the extent the Agreement provides, we will attend meetings and conferences that you, or your representatives, reasonably
require. Furthermore, we will meet on an az-needed bazis with public agencies that might be involved in the Project Because we cannot forecast the scope and nature of
These meetings and conferences, we will perform meeting and conference services on an hourly fee basis in accordance with our applicable hourly rate schedule.
13. Your Claims..Y~nsobese-uc-(rum.ard-weirq-elltleimcaFenY-newre-far-mtY-endall~errors.or-0misciens-bvvs-relatCtlT000 -r' - -- •iic
I r a. You shall give us written notice within 10 days of the date that you discover, or should, in the exercise ofordinary care, have discovered that you have,
or may have, a claim against us. If you fail Io give us written notice within such 10 days, then such claim shall forever be baited and extinguished.
b. If we accept the claim, we shall have a reasonable time to cure any ertor or omission and any damage. This shall be your sole remedy, and you must
not have caused the ertor or omission, or any damage resulting from the ertor or omission, Io be cured, if we are ready, willing and able to do so.
c. If we reject the claim, we shall give you written notice o(such rejection within 30 days o(our receipt of the notice of claim from you. You shall then
have 60 days within which to famish us with an opinion from a recognized expert in the appropoate discipline, cortoboraling your claim that we committed an ertor or
omission, and establishing that the ertor mr omission arose from our failure to use [he degree of care ordinarily used by professionals in That discipline in the jurisdiction
local to the Projut. If you Cail to Cumish us such an opinion from a recognized expert within 60 days Rom [he date we send you notice of our rejection of [he claim, [hrn
such claim shall forever be baited and extinguished.
d. We Shall have 60 days from receipt of the woven opinion of your expert within which to reevaluate any claim asserted by you. If we again reject such
claim, or if the 60 day period from receipt oC the written opinion of your expert elapses without action by us, then you may have recourse to such other remedies az may
be provided under this Agreement.
14. Hazardous or Toxic Wastes or Substances, Pallufion or Contamination. You acknowledge that Services rrndered under this Agreement may, or will,
involve or be affected by hazardous or toxic wastes or substances, or pollution or contamination due to the presence oC hazardous or toxic wastes or substances. To induce
us to enter into this Agreement, you agree Io indemnify and hold us harmless Rom liability, loss and damages of any nature, including actual attomry's fees and related
costs and expenses, arising out of claims made against us That relate, in any way, to both (a) hazardous or toxic wastes or substances, or pollution or contamination due to
the presence of hazardous or Toxic wastes or substances, and (b) the per(ornance by us of our obligations under the Agreement, whether or not such performance by us is
claimed to have been, or was, or may have been, negligent. Unless otherwise expressly set forth in this Agreement, we shall have no responsibility (or searching for, or
identifying, any hazardous or toxic wastes or substances, or pollution or contamination due to the presence oC hazardous or toxic wastes or substances{ but if we discover
or suspect the pr<srnce of any such wastes, substances, pollution or contamination due to the presence of hazardous or toxic wastes or substances, then we, in our sole
discretion, and at any time, may stop work under, or terminate, this Agreement, in which event we will have no further liability to you (or performance under this
Agreement, and you shall make the payments to us required by Paragraph 15 of the STCs.
15. Termine6on. Either party may terminate the Agreement if the other party materially breaches the Agreement You shall immediately pay us for our
services rendered and expenses incurted through the termination date, including fees and expenses [hat we incur as a result of the termination.
16. Payment o(Other Professionals. If this Agreement includes continuation of servces begun by other architects, engineers, plannefs, surveyors, or other
professionals, we may Suspend our services until you make artangements satisfactory to such other professionals for payment. If satisfactory arangements have not been
made within a time detemtined by us to be reasonable, then we may in our sole discretion terminate this Agreement.
17 Assignment and Third-Party Beneficiaries. Neither party shall azsign or transfer any rights, interests or claims arising under this Agreement without
the written consent of the other. This Agreement shall not confer any benefit or right upon any person or entity other than you, us and our partners, members, managers,
directors, officers, employees, agents and subcontractors. Our partners, members, managers, directors, officers, employees, agents and subcontractors shall have and shall
be entitled to the protection afforded us under Paragraphs 10, 13, 14, 17, 21 and 23 of this Agreement Despite anything in this Paragraph 17 tm the contrary, we may
employ independent consultants, associates, and subcontractors as we may deem necessary to render the Services and we may assign our right to receive compensation
under this Agreement.
16. Applicable Lnw and Forum Selection. The Commonwealth of Virginia's laws shall gove this Agreement in all respects including matters of
conswction, validity, and per(ortnance. Except as provided in Paragraph 19, the parties agree that the courts o~~nd the~iMern#-Bistief6enrtr
shall have exclusive jurisdiction over any controversy, including matters of constmetion, validity,
and performance, arising out o(this Agreement. The parties copse o the jurisdiction oC the Courts and waive any objection either party might otherwise be entitled to
azsert regarding juosdiction. The parties irtevocably waive all right to trial by jury in any action, proceeding, or counterclaim arising out of or related to this Agreement.
19. Arbitration of Our Claims for Compersa 'on. Instead of proceeding in court, we, in our sole and absolute discretion, may submit any claim (or
compensation due us under this Agreement to arbitration i ~airea+~em3y~. .fin accordance with [he Constmction Industry Arbitration Rules of the American
Arbitration Association, and judgment upon the arbitration award may be entered in any court having jurisdiction. You agree not to assert any counterclaim or any
defense by way of set-off in such arbitration, and that the arbitrator or panel shall have no authority to consider, or to render, an award hazed upon any such counterclaim
or defense by way of set-off. We shall have the right to withdraw our demand for arbitration at any time before the arbitration hearing slant by giving written notice to
the arbitrator or panel and you; and upon the giving of such notice by us, the arbitration shall terminate, no award shall be rendered, and we may then pursue our remedies
in accordance with Paragraph IS above.
20. Severabiliry. If any part, term, or provision of this Agreement is held to be illegal or unenforceable, the validity and enforceability of the remaining parts,
terms, and~provisions of this Agreement shall not be affected, and each party's rights shall be constmed and enforced az if the Agreemem did not contain the illegal or
unenforceable part, term, or provision.
21. Limitations on Liability. Our liability for any loss, property damage or bodily injury of or m you caused in whole or in pan by us in the performance of
this Agreement, or in [he pRfomtance of any supplementary services in any way related Io this Agreement, shall be limited in the aggregate to the amount of fees that you
have paid to us for the Services. The panics intend that the Coregoing limitation on liability shall apply to all claims, whether sounding in tort, in contract, in wartanry, or
otherwise. You release, waive, and shall not seek contribution from, or indemnification by, us for any claims o(any nature made against you by any other person who
may suffer any loss, property damage or bodily injury in any manner associated with our Services, or our partners, members, managers, directors, officers, employees,
agents and subcontractors under this Agreement„ or any supplementary services in any way related to this Agreement We shall not be liable to you, in any event or for
any amount, for delays; or for consequential, special or incidental damages; or (or punitive or exemplary damages. $heuldyrua~i~pls-li-
22. Paymeor of Attorney's Fees. The losing party shall pay the winning party's reasonable atlomey's fees and expenses Car the prosecution or defense of any
tion, claim or demand arising under this Agreemrnt in any court or in arbitration.
23. Indemnification. d'dCRI'Altls'fvrlasar
24. Integration Clause. The Agreement represents the entire agreement oCthe partiu. No prior representations, statements, or inducemrnls made by either
us, you, or the respective agents of either, that is not contained in the Agreement shall enlarge, modify, altn, or otherwise vary the written terns of the Agreement unless
thry are made in tooting and made a part of [he Agreement by attachment, incorporated by reference in the Agreement or signed or initialed on behalf of both ponies.
4/11
P54
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE: ITEM NUMBER:
12/20/11 I 1
Authorization to Negotiate Contract -
Fire & Rescue Insurance ACTION: INFORMATION:
Yes
SUBJECT/PROPOSAL/REOUE ST:
CONSENT AGENDA:
Award of Contract ACTION: INFORMATION:
STAFF CONTACT(S): ATTACHMENTS:
Mr. Sleeper, Ms. Meeks Yes
REVIEWED BY:
BACKGROUND:
The County issued a Request for Proposal for auto, property, liability and accident and sickness insurance
coverage for the volunteer fire and rescue agencies in the County. It was mailed to seven (7) vendors on
October 28, 2011. It was posted on the County's website, advertised in the paper and posted on the public
notice board.
DISCUSSION:
Proposals were received in the Purchasing Department until 2:00 p.m., Wednesday, December 7, 2011. We
received two (2) proposals. The Selection Committee reviewed the proposals and conducted oral
presentations with both vendors: Elbridge Coles Insurance Agency, Chatham, Virginia and BB & T
Insurance Services, Roanoke, Virginia. A breakdown of the premiums are attached.
RECOMMENDATION:
Staff recommends that the Board authorize the County Administrator to negotiate the contract for the fire and
rescue insurance with Elbridge G. Coles Insurance Agency. The contract would be for three yeazs, annually
renewable, with an optional renewal for a fourth and fiRh year, pending appropriation of funds. The first
year's contract period is January 1, 2012 through December 31, 2012.
P55
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P56
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
ITEM NUMBER:
E911 Radio System Upgrade
SU BJECT/PROPOSAL/REQUEST:
Contract Approval
STAFF CONTACT(S):
William D. Sleeper
12-20-2011
ACTION:
CONSENT AGENDA:
ACTION:
Yes
ATTACHMENTS:
Ycs
REVIEWED BY:
12 (a)
INFORMATION:
INFORMATION:
BACKGROUND:
The Board of Supervisors Computer/Radio/Telecommunications Committee has been working for approximately
for 18 months on a contract for upgrading the E911 Radio Communications System for Pittsylvania County. The
Board of Supervisors has met with the Committee and the Board of Supervisors has had a Work Session, in Closed
Session, to go over the contract with Harris Corporation RF Communications Division.
DISCUSSION:
Attached hereto is an agreement between Pittsylvania County and Hams Corporation RF Communications Division
dated December 20, 2011 for a radio system for Pittsylvania County.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the contract between Pittsylvania County and Harris
Corporation RF Communications Division dated December 20, 2011, and authorize the County Administrator to
sign on the behalf of Pittsylvania County, pending any necessary final changes by Legal Counsel.
P57
SYSTEM PURCHASE
AGREEMENT
BETWEEN
COUNTY OF PITTSYLVANIA COUNTY, VIRGINIA
and
HARRIS CORPORATION
RF COMMUNICATIONS DMSION
DATE: DECEMBER 20, 2011
ECR 4588 Rev P
6/23/11
P58
SYSTEM PURCHASE AGREEMENT
TABLE OF CONTENTS
SECTION TITLE
1. DEFINITIONS
2. SCOPE OF WORK
3. PROJECT MANAGEMENT AND PLANNING
4. OBLIGATIONS FOR SYSTEM IMPLEMENTATION
5. DELIVERY, TITLE AND RISK OF LOSS
6. PRICE
7. TAXES
8. CHANGES AND ADDITIONS
9. PAYMENTS
10. SUBCONTRACTING
11. EXCUSABLE DELAYS
12. SELLER'S INSURANCE AND PERFORMANCE BOND
13. TESTING AND ACCEPTANCE
14. SOFTWARE LICENSE, SOFTWARE MAINTENANCE SERVICES
15. COVERAGE
16. WARRANTIES
17. INTERFERENCE
18. INDEMNIFICATION
19. PATENTS
20. LIMITATION OF LIABILITY
21. REMEDIES
22. CONFIDENTIALITY
23. COMPLIANCE
24. NOTICES
25. COVERAGE GUARANTEE
26. TERM
27. ENTIRE AGREEMENT
28. AMENDMENT
29. SEVERABILITY
30. WAIVER
31. HEADINGS
32. GOVERNING LAW
33. ASSIGNMENT; SUCCESSORS AND ASSIGNS
(I)
P59
EXHIBITS
A. STATEMENT OF WORK
B. SOFTWARE LICENSE AGREEMENT
C. SOFTWARE F/X AGREEMENT
D. SYSTEM MAINTENANCE AGREEMENT
E. FORM OF SURETY BOND FOR PERFORMANCE (E1) AND PAYMENT (E2)
F. OPTIONS PRICING
G. CONTRACT PRICE AND DELIVERABLES LIST
P60
SYSTEM PURCHASE AGREEMENT
THIS SYSTEM PURCHASE AGREEMENT ("Agreement") is made and entered into this 20~' day of
December, 2011 ("Effective Date"), by and between County of Pittsylvania County, Virginia, (hereinafter
referred to as "Buyer") and Hams Corporation, a Delaware corporation, acting through its RF
Communications Division (hereinafter referred to as "Seller").
WITNESSETH:
WHEREAS, Buyer whose address is 21 North Main Street, PO Box 426, Chatham, Virginia 24531,
issued a Request for Proposal entitled RFP #11-02-01 700 MHz Project 25 Radio Communications System
(collectively, the "RFP") requesting proposals to provide Buyer with a radio communications system and
services as set forth in the RFP.
WHEREAS Seller, whose address is 221 Jefferson Ridge Parkway, Lynchburg, Virginia 24501,
delivered Proposal entitled 700 MHz Project 25 Radio Communications System, dated May 27, 2011, and
subsequent Proposal entitled 700 MHz Project 25 Radio Communications System, dated July O6, 2011,
(collectively, the "Sellers Proposal") to provide the radio communication system and services requested by
Buyer in the RFP.
WHEREAS Buyer has selected Seller's Proposal and now desires to contract with Seller to provide
Buyer with the radio communications system and services set forth in Exhibit A, Statement of Work.
WHEREAS Buyer and Seller desire to enter into this Agreement to set forth in writing their respective
rights, duties and obligations hereunder.
NOW, THEREFORE, for and in consideration of the mutual promises contained herein and other
good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually
agreed between the Buyer and Seller as follows:
The following Exhibits are expressly incorporated herein by reference and, together with this Agreement,
constitute the Agreement Documents. In the event of a conflict among or between the Agreement
Documents, the documents shall control in the order of precedence set forth below:
1 Amendments to this Agreement
2 This Agreement (not including the F~chibits and documents listed below)
3 Detailed Design Documents
4 Exhibit G -Contract Price and Deliverables List
5 Exhibit F-0pflons Pricing
6 Exhibit A-Statement of Work, with Attachments
7 Exhibit B -Software License Agreement
8 Exhibit C -Software FX Agreement
9 Exhibit D -System Maintenance Agreement
10 Exhibit E -Surety Bond for Performance (E1) and Payment (E2)
11 Seller's Proposal
12 Buyers Request for Proposal
SECTION 1. DEFINRIONS:
As used herein, the terms set forth below shall have meanings set forth below.
A. "Acceptance" shall mean acceptance of the System as set forth in Section 13 hereof.
B. "Acceptance Certificate" shall mean a certificate to be executed by Buyer and Seller upon
satisfactory completion of an Acceptance Test.
Page ~ 1
P61
C. "Acceptance Date" shall mean the date the System is accepted or deemed accepted as set forth in
Section 13 hereof.
D. "Acceptance Tests" shall mean the testing procedures attached to the Exhibit A -Statement of
Work and mutually agreed upon by Buyer and Seller to be performed to determine whether the
System has met the acceptance criteria either set forth in Exhibit A -Statement of Work or as
mutually agreed upon in writing by Buyer and Seller.
E. "Buyer" shall mean County of Pittsylvania County, Urginia
F. "Certificate of Insurance" shall mean the certificate to be provided by Seller evidencing the
insurance coverage of Seller.
G. "Change Order" shall mean a written modification to the Total Agreement Price, Installation
Schedule or other Agreement terms which is signed by both Parties.
H. "Detailed Design Documents" shall mean those documents deliverable by Seller to Buyer at
the conclusion of the Detailed Design Review described in Section 3.
I. "Detailed Design Review" or "DDR" shall have the meaning given in Section 3.
J. "Documentation Deliverables" shall mean the standarcl commercial quality manuals to be
furnished by the Seller to the Buyer pursuant to the terms set forth in Exhibit A -Statement of Work
and this Agreement.
K. "Effective Date of the Agreement" shall be the date on which the Agreement is signed by the last
~-
of the parties to sign the Agreement.
~- L. "Expiration Date" shall mean the date on which the Term of this Agreement shall end which shall
be the end of the Warranty Period (as defined in Section 16 -Warranties) except that some other
sections of this Agreement may have a later end date for that section of the Agreement as
spec'fiically provided in those sections of this Agreement.
M. "FX Agreement" shall have the meaning given in Section 14.
N. "Hardware" shall mean, collectively, the Terminal Hardware and Infrastructure Hardware, as
defined below.
O. "Infrastructure Hardware" shall mean the equipment, goods, and materials to be supplied by
Seller for the System infrastructure, as further described in Exhibit A -Statement of Work.
"Installation Schedule" shall mean the schedule attached to Exhibit A -Statement of Worts or
otherwise mutually agreed upon by Seller and Buyer in writing for the delivery of the Hardware and
Software and the pertormance of the Services described in Exhibit A -Statement of Work.
P. "Performance Bond" shall mean the surety bond for performance to be provided by Seller pursuant
to the terms of this Agreement and substantially in the form of set forth in Exhibit E attached hereto.
O. "Project Kick-Off Meeting" shall have the meaning given in Section 3.
R. "Project Manager" shall mean each respective Party's duly authorized representative
designated to manage each Party's Project obligations.
S. "Project Sites" shall mean those sites where any construction work is performed or any
Infrastructure Hardware is installed under the terms of this Agreement. The term "Project Sites"
will include all of the Tower Sites (as defined below).
Page~2
P62
T. "Seller" shall mean Harris Corporation with offices at 221 Jefferson Ridge Parkway, Lynchburg,
Virginia 24501.
U. "Exhibit A -Statement of Work" shall mean the proposal provided by Seller to Buyer as described
in the recitals of this Agreement.
V. "Responsibility Matriz" shall mean the table set forth in Exhibit A -Statement of Work.
attached hereto which depicts the roles and responsibilities of Contractor and County set forth in
this Agreement.
W. "REP" shall mean Buyer's request for proposal as described in the recitals of this Agreement.
X. "Services" or "Work" shall mean the services and work to be provided by Seller to Buyer as set
forth in this Agreement and Exhibit A -Statement of Work.
Y. "Software" shall mean the proprietary computer software of Seller as owned exclusively by Seller or
Seller's suppliers, as appropriate, and as further defined in and licensed to Buyer pursuant to the
terms of the Software License Agreement.
Z "Software License Agreement" shall mean the System Software License Agreement set forth in
Exhibit B attached hereto.
AA. "Statement of Work" shall mean the description of the work to be performed by Seller to deliver the
Hardware, install the System and provide the Services, all as described in Exhibit A -Statement of
Work, including all Attachments thereto, to this Agreement.
BB. "System" shall mean the radio communications system comprised of the Hardware and Software to
~- be fumished by Seller to Buyer pursuant to the terms set forth in Exhibit A -Statement of Work and
this Agreement.
CC. 'Terminal Hardware" shall mean mobile units, portable units, control stations and related
accessories to be provided by Seller as listed in Exhibit A -Statement of Work.
DD. "total Agreement Price" shall mean the price of the Hardware, the Software license and the
Services to be fumished by Seller to Buyer pursuant to the terms set forth in Exhibit A -Statement of
Work and this Agreement.
EE. "Tower Sites" shall mean those sites where equipment will be installed on existing or new
towers as included in the Contractor's Proposal and to be finalized in the Detailed Design
Documents or subsequent Change Orders.
SECTION 2. SCOPE OF WORK:
A. Seller shall furnish, deliver and install the Hardware and Software for the System and provide the
Documentation Deliverables and Services in accordance with the terms of the Statement of Work,
Exhibit A -Statement of Work, the Installation Schedule and this Agreement.
B. The Detailed Design Documents, as described in Section 3 and as amended from time to time in
writing by the Parties, shall be incorporated into this Agreement after the Detailed Design
Documents are approved by the Buyer and thereafter shall supersede any contrary provisions in
the Exhibit A -Statement of Work.
C. Seller shall commence, carry on and complete its obligations under this Agreement in accordance
with the dates set forth in the Installation Schedule and in a sound, economical and efficient manner,
in accordance with this Agreement and all applicable laws. In providing services under this
Page ~ 3
P63
Agreement, Seller agrees to cooperate with the various departments, agencies, employees and
officers of Buyer.
D. Seller agrees to secure at Seller's own expense all personnel necessary to carry out Seller's
obligations under this Agreement. Such personnel shall not be deemed to be employees of Buyer
nor shall they or any of them have or be deemed to have any direct contractual relationship with
Buyer. Seller expressly understands and agrees that the Seller is and shall in all respects be
considered an independent contractor.
SECTION 3. PROJECT MANAGEMENT AND PLANNING:
A. Proiect Managers. Seller shall designate a Project Manager who will lead the Seller's team for
the System installation project and other Services and Work described in this Agreement (the
"Project") and will serve as the Buyer's primary point-of-contact for Seller's project team and the
official liaison between Seller's project team and Buyer. Buyer shall designate a Project Manager
to function as the single point-of-contact and official liaison between Seller's Project Manager and
the Buyer.
B. Proiect Completion Dates. The Project completion dates are described in the Installation
Schedule included in Exhibit A -Statement of Work. The Installation Schedule may only be
modified by mutual written approval of the Parties or as otherwise provided in this Agreement.
C. Proiect Kick-off Meeting. Promptly after the Effective Date of the Agreement, the Seller's
Project Manager shall schedule a Project Kick-Off Meeting, the timing and location of which will
be mutually agreed upon by Seller and Buyer. The objectives of this meeting include introduction
of all project participants, review of the roles of the project participants, review of the overall
project scope and objectives, review of the resource and scheduling requirements and review of
current site status.
D. Slte Visits. All existing towers, shelters and associated equipment provided by or mandated by
Buyer shall be satisfactory in all manners to accommodate the System proposed by the Seller.
Following the Effective Date of the Agreement, the Buyer shall provide Seller with access to all
Project Sites upon reasonable notice to allow Seller to thoroughly examine each Site and to
perform the Detailed Design Review, to prepare a schedule of preparatory work required for each
site and a timeline for completion of the preparatory work at each site.
E. Construction Management Services. Site Preparatory Work. Buyer shall perform the civil
construction services set forth in Exhibit A -Statement of Work, including, but not limited to, the
site improvement civil construction to be performed at the identified sites.
F. Detailed Design Review. The Detailed Design Review ("DDR") phase will commence after the
Effective Date of the Agreement, and conclude in accordance with the Installation Schedule.
During the DDR, Seller's Project Manager will meet with Buyer's project team on one or multiple
occasions to review the system design, technical data, and site specific information to confirm
and to refine the System and Tower Sites. At the conclusion of the DDR, Seller will provide
Buyer with the following documents (the "Detailed Design Documents") for review and approval
by Buyer:
• Installation Schedule
• Shelter Floor Plan Drawings
• Rack Elevation Drawings
• System Block and Level Diagrams
• Power and HVAC Loads
Page ~ 4
P64
Antenna Network Diagrams
Network Backhaul Plans
Site Frequency Plans (including spectrum analysis and intermodulation studies of
existing and proposed frequencies at each site).
Buyer shall have fourteen (14) days to conduct its review of the above documents. Approval of
Detailed Design Documents by the Buyer shall not be unreasonably withheld, conditioned or
delayed.
G. Installation Schedule. The Installation Schedule for the Work is included in Exhibit A -
Statement of Work. Updates to the start dates and durations will be made as the information
evolves and will be mutually agreed upon by both parties or updated as otherwise provided
herein.'
Svstem Implementation Communlcations. Seller and Buyer shall jointly establish a plan that
defines regular meetings, reporting structure, and other communications activities, including
working sessions that may be needed throughout the term of this Agreement to plan sub-tasks,
including at a minimum: (a) one (1) or more DDR meetings to communicate the final engineering
design; (b) periodic status meetings at which the parties' Project Managers and other project
participants will provide updates; (c) conference calls with Seller's and Buyer's project teams to
discuss tasks, assign responsibility, and establish schedules; and (d) workshops or working
sessions that may be needed throughout the Project to plan subtasks.
I. Buyer Approvals. Buyer will review and respond with reasonable promptness to all submittals or
other items requiring its approval under this Agreement. For all such submittals or other items Buyer
will provide the Seller with either; (i) written notification of Buyer's approval, or (ii) a written notification
~~ of conditional approval subject to Seller providing prompt correction of any noted deficiency, or (iii) in
~- the case of a submittal that does not meet the requirements of the Agreement, a written notification
of Buyers disapproval. Buyer's disapproval notification will be provided with reasonable detail to
sufficiently advise Seller of the basis on which the submittal was determined to be unacceptable.
Buyer agrees that, except as otherwise provided, failure to provide approval, conditional approval or
non-approval of a submittal for which its approval is required within fifteen (15) days of receipt of the
submittal from the Seller shall constitute approval of the submittal. The parties agree that this
Section 3 does not relate to the Testing and Acceptance procedures in Section 13.
SECTION 4. OBLIGATIONS FOR SYSTEM IMPLEMENTATION:
The following subsections apply to the Work to be performed under the Agreement
A. Project Management and Implementation Plan. Buyer and Seller each agree to perform their
respective tasks and obligations pertaining to permits and licenses, Project Site surveys, general
Project Site-related responsibilities, general Hardware-related responsibilities, and Project Site-
specific responsibilities as set forth in Exhibit A -Statement of Work. The Buyer's obligations set
forth in the Exhibit A -Statement of Work shall be performed by Buyer in a timely and proper fashion
in accordance with the Installation Schedule, or as otherwise agreed upon by Buyer and Seller, to
allow Seller to timely perform its obligations under the Agreement.
B. Access. Buyer shall provide access, at no cost to Seller, to all owned, leased, or licensed
Project Sites at reasonable times, and with an escort (if required) at no charge, upon reasonable
prior notification from Seller. Buyer shall ensure sufficient room, within reason, for construction
vehicles used by Seller. Buyer shall issue temporary identification cards to Seller's personnel and
its authorized subcontractors, 'rf required, for access to any of the Project Sites.
C. Changes In Sltes. Any sites where Seller will operate and perform System installation under the
terms of this Contrail must be approved by Buyer, which approval shall not be unreasonably
Page ~ 5
P65
withheld, delayed or conditioned. Should Buyer direct an addition to, removal from, or modification
of the list of sites as detailed in this Agreement that affects Seller's cost or schedule or System
performance, the parties agree that such change shall entitle Seller to a Change Order and each
Party shall attempt, in good faith to fully negotiate and execute such change order prior to
commencement of the Work at the changed site.
D. Preparatory Work on Sites. Notwithstanding anything to the contrary contained rn this
Agreement, the parties agree that some Project Sites may require tower replacement or
modifications, as well as related permitting and licensing for Work and/or obtaining physical real
estate space. As stated in the Responsibility Matrix, Buyer shall be responsible for securing all
necessary site zoning, site access, or other permits (including but not limited to easements,
impact studies, planning commission approval, variances, etc.) necessary for the Work, whether
required by federal, state, or local authorities, with Seller assisting by providing information, as
necessary. Buyer shall also have the responsibility to secure by lease, purchase, easement or
otherwise all rights and access to selected sites or additional real estate as may be required.
Buyer also shall be responsible for paying all utility charges to the appropriate utility for providing
utility services to the System installation areas. The Parties agree to mitigate the need for tower
replacement or modification to the extent practical. County shall be responsible for ail tower
replacements.
E. Freguency FCC Licensing. The Buyer (as the ApplicanULicensee) will be responsible for
obtaining all Federal Communications Commission frequency licenses for the System. Seller
shall provide technical assistance and information as set forth in Exhibit A -Statement of Work.
Seller shall provide up to thirty (30) man days for this effort.
F. Federal Aviation Administration (FAA) Aoarovals. Buyer will be responsible for obtaining all
FAA approvals for newly-constructed or modified towers.
G. Contractor Licenses. Buyer will be responsible for obtaining all contractor licenses required for
the performance of its duties and obligations.
H. Site Conditions. All towers, shelters and associated equipment provided by or mandated by
Buyer shall be satisfactory in all manners to accommodate installation of the System provided by
the Seller.
SECTIOtJ_5. DELIVERY. TRLE AND RISK OF LOSS:
A. Seller shall ship the Hardware on or before the dates set forth in the Installation Schedule. Partial
deliveries shall be permitted. Upon receipt and inventory by the Buyer, title to each portion of the
Hardware and ail risk of loss or damage shall pass to Buyer; provided, however, that Seller shall
remain responsible until Acceptance of the System for loss or damage resulting from the willful
misconduct or negligent acts or omissions of Seiler, its employees, agents, and subcontractors.
Buyer shall keep the Hardware fully insured for the total amount of all monies then due, or yet to
become due, to Seller with respect to this Agreement. Buyer shall conduct the inventory within
frfteen (15) days after receipt.
B. If Buyer fails to take delivery of any of the Hardware, Seller may place such Hardware in storage at
the place of manufacture or elsewhere. In such event: (1) Seller shall notify Buyer of the placement
of any Hardware in storage; (2) Sellers delivery obligations shall be deemed fulled and title and all
risk of loss or damage shall thereupon pass to Buyer, (3) any amounts otherwise payable to Seller
upon delivery shall be payable upon presentation of Seller's invoices therefore; and (4) promptly
upon submission of Seller's invoices therefore Buyer shall reimburse Seller for all expenses incuned
by Seller such as preparation for and placement into storage, handling, storage, demurrage,
inspection, preservation and insurance.
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' SECTION 6. PRICE:
The Total Agreement Price to be pad by Buyer to Seller TEi N§MILIION~'SE'VEN?H-aUNDRED~NINEIt(=F.IVE
THO-~-~ l1SANDiUS':D~-~ O)~ LI R ($1D;7,95,000~ as detailed in Exhibit G -Contract Price and Deliverables List.
SECTION 7. TAXES:
In addition to any price specified herein, Buyer shah pay the gross amount of any present or future sales,
use, excise, value-added, or other similar tax applicable to the price, sale or any Products or services
furnished hereunder or to their use by Seller or Buyer, or Buyer shall otherwise furnish Seller with tax
exemption certificates acceptable to all applicable taxing authorities.
SECTION 8. CHANGES AND ADDITIONS:
A. Hardware Changes. In the event of any change in the Hardware as a result of the imposition after
the Effective Date of this Agreement of any requirements by any federal, state, or local government,
Seller shall be entitled to seek an equitable adjustment in the price to reflect any added cost and
expense of such change.
B. Buyer Requested Chanaes. Buyer may request changes in or additions to the Work or in the
time or place of performance of the Work under this Agreement. If any such change causes an
increase or decrease in the cost of, or the time required for, performance of any part of the Work
under this Agreement, Seller shall be entitled to an equitable adjustment, by change order, in the
Total Agreement Price, the Installation Schedule, or both. Any such adjustment in the Total
Agreement Price or Installation Schedule shall be mutually satisfactory to Buyer and Seller. Price
_ increases and/or extensions of time shall not be binding upon either Party unless and until
evidenced by a change order signed by the parties hereto.
1 C. Reserved.
D. Reserved
E. Freauencv Support and Freauencv Chanaes. Seller shall reasonably support Buyer in
submitting the Buyer's frequency licensing applications to the Regional authorities and the
Federal Communications Commission for this project. In the event that, after all commercially
reasonable efforts and due diligence have been expended, the Buyer cannot obtain all of the
necessary United States and Canada government approvals for the frequency plan as described
in this Statement of Work and this Agreement, it shall be treated as an excusable delay event
pursuant to Section 11 for which an extension to the Installation Schedule shall be granted, and
Seller will diligently and expeditiously prepare and provide to Buyer a System redesign for its
review and approval including all price and schedule changes. Notwithstanding anything to the
contrary contained in the Agreement, the Parties agree that Seller may be entitled to an equitable
adjustment to the Total Agreement Price and/or the Installation Schedule for Seller's services on
any such System re-design. In the event that Buyer and Seller cannot mutually agree on the
System re-design, either party may then terminate the Agreement on thirty (30) days written
notice to the other Party.
SECTION 9. PAYMENTS:
A. The Total Agreement Price for the Hardware, the Software license and the Services shall be paid by
the Buyer to Seller as follows:
A.1. Hardware:
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1. Twenty percent (20%) of the Total Agreement Price (excluding the aggregate price of the
Unity Hardware included in the Total Agreement Price) shall be due at the time of the
signing of the Agreement by the Buyer and Seller.
2. Five percent (5%) of the Total Agreement Price (excluding the aggregate price of the Unity
Hardware included in the Total Agreement Price) shall be due at the completion of the
DDR.
3. Forty percent (40%) of the Total Agreement Price (excluding the aggregate price of the
Unity Hardware included in the Total Agreement Price) shall be due at the time of all
Hardware delivery and inventory to Pittsylvania County. Buyer shall conduct the inventory
within fifteen (15) days after receipt.
4. Twenty-five percent (25%) of the Total Agreement Price (excluding the aggregate price of
the Unity Hardware included in the Total Agreement Price) shall be due upon completion
of the Hardware installation (exclusive of the mutually agreed upon value of any punchlist
items).
5. Ten percent (10%) of the Total Agreement Price (excluding the aggregate price of the
Unity Hardware included in the Total Agreement Price) plus any remaining unpaid portion
of the Total Agreement Price for all Hardware, Software and Services to be provided under
the terms of this Agreement shall be due upon final Acceptance of the System.
A.2. Unity Hardware:
Seller may, upon Buyers request, ship Unity terminals and accessories ("Unity Harrware") at a
mutually agreed upon date. For such Unity Hardware, Buyer shall pay to the Seller®
' upon receipt
- and inventory of such Unity Hardware.
B. Payment Dates
The Payment(s) associated with the event(s) above shall be due thirty (30) days following the date of
Seller's invoice.
C. Other Amounts
Any other amounts due Seller-hereunder shall be due thirty (30) days following Buyer's receipt of
Seller's invoice.
D. Late Payments
All amounts not paid within forty-five (45) days after their due date hereunder shall accrue interest
from their due date at the rate of one and one-hafF percent (1-1l2%) per month (or such lesser rate
as may be the maximum permissible rate under applicable law).
D. Maximum Amount
Notwithstanding any language to the contrary in this Agreement or its attachments and except as
provided in Section 18.8 of this Agreement (Indemnification by County), Buyer shall never be
required to pay more than the Total Agreement Price (as amended in accordance with the terms
of this Agreement) for all Work rendered by Seller under this Agreement.
SECTION 10. SUBCONTRACTING:
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Seller may subcontract any portion of Work to be performed by Seller hereunder provided that Seller shall be
~ responsible for the performance and Work of any such subcontractors.
SECTION 11. EXCUSABLE DELAYS:
A. Seller shall not be liable for delays in delivery or failure to perform due directly or indirectly to: (1)
causes beyond Seller's reasonable control, (2) Acts of God, acts (including failure to act) of any
governmental authority (de jure or de facto), wars (declared or undeclared), riots, revolutions, strikes
or other labor disputes, fires, floods, sabotage, nuclear incidents, earthquakes, storms, epidemics,
(3) Seller's inability to timely obtain necessary materials, items, components or services from
suppliers who are affected by the foregoing circumstances, or (4) the failure of the Buyer to peform
its obligations hereunder in a timely manner. The foregoing shall apply even though any of such
causes exists at the time of signature of the Agreement by Seller or occurs after delays in Seller's
performance of its obligations due to other reasons.
B. In the event of any delay or failure excused by this Section, Seller shall as soon as practical notify
Buyer and shall at the same time, or at the earliest practical date after such notice, specify the
revised delivery and performance dates. In the event of such delay, the Ume of delivery or of
performance shall be extended for a reasonable time period to compensate for the time lost by Seller
by reason of the delay.
SECTION 12. SELLER'S INSURANCE AND PERFORMANCE BOND:
A. In order to protect itself and Buyer, its officers, boards, commissions, agencies, employees and
representatives under the indemnity and other provisions of this Agreement, Seller shall obtain
and at all times during the term of this Agreement keep in full force and effect comprehensive
__ general liability and auto liability insurance policies issued by a company or companies authorized
~ to do business in the State of and licensed by the Insurance Department, with liability coverage
__ provided for therein in the amounts of at least $1,000,000.00 CSL (Combined Single Limits).
Coverage afforded shall apply as primary. Buyer shall be given ten (10) days advance notice of
cancellation or nonrenewal. Within ten (10) days after execution of this Agreement, Seller shall
fumish Buyer with a Certificate of Insurance listing Buyer as an additional insured. If Seller's
insurance is underwritten on a Claims-Made basis, the Retroactive Date shall be prior to or
coincide with the date of this Agreement and the Certificate of Insurance shall state that coverage
is Claims-Made and indicate the Retroactive Date, Seller shall maintain coverage for the duration
of this Agreement and for two years following the completion of this Agreement. Seller shall
fumish Buyer, annually on the policy renewal date, a Certificate of Insurance as evidence of
coverage. It is further agreed that Seller shall fumish the Buyer with a 30-day notice of
cancellation or renewal. Seller shall fumish evidence of adequate Worker's Compensation
Insurance.
B. fn case of any sublet of Work under this Agreement, Seller shall fumish evidence that each and
every subcontractor has in force and effect insurance policies providing coverage substantially equal
to that required of Seller.
C. The parties do hereby expressly agree that Buyer, acting at its sole option and through its Risk
Manager, may waive any and all requirements contained in this Agreement, such waiver to be in
writing only. Such waiver may include or be limited to a reduction in the amount of coverage
required above. The extent of waiver shall be determined solely by Buyer's Risk Manager taking into
account the nature of the Worts and other factors relevant to Buyer's exposure, 'rf any, under this
Agreement.
D. In accordance with Sections 2.2336 and 2.2337 of the Virginia Public Procurement Act, Seller
shall provide Buyer with a surety bond for performance and a surety bond for payment within ten (10)
business days of execution of this Agreement, substantially in the form set forth in Exhibit E
Page ~ 9
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attached hereto, which bonds shall terminate upon final System Acceptance as set forth in Section
13.A hereof.
SECTION 13.
a
s.
c.
D.
E.
SECTION 14. SOFTWARE LICENSE:
Page ~ 10
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Subject to the terms and conditions of the Software License Agreement attached hereto as Exhibit B, Buyer
is granted a license to use the Software only in conjunction with the System purchased under this Agreement.
"Software" means the "Licensed Programs" as defined in the Software License Agreement.
SECTION 15. COVERAGE:
Coverage shall be tested in accordance with Exhibit A -Statement of Work.
SECTION 16. WARRANTIES:
A. Hardware and Services
Seller warrants
that such Hardware and Services shall be free from
defects in material and workmanship and shall conform to the Agreement spec cations (hereinafter
referred to as the "Warranty Period"). Pagers, DC power systems, and Uninterruptable Power
Supplies ("UPS") shall have the standard manufacturer's warranty: Any and all claims for breach of
this warranty are conclusively deemed waived unless made within the Warranty Period.
B. For purposes of this Warranty the batteries supplied by Seller shall be deemed defective if: (1) the
battery capacity is less than 80% of rated capacity, or (2) the battery develops leakage.
Replacement batteries shall be warranted only for the remaining unexpired portion of the Warranty
Period. This warranty becomes void 'rf: (1) the battery has been subjected to any kind of misuse,
detrimental exposure, or has been involved in an accident, or (2) the battery is used in equipment or
service other than the Hardware for which it is specified.
t~ C. During the Warranty Period if any component of the Hardware or portion of the installation Services
fails to meet the foregoing warranties, Seller's sole obligatlon and Buyer's exclusive remedy under
this warranty shall be the correction by Seller of the failure at Seller's option: (1) by repairing any
defective component of the Hardware, or (2) by furnishing any necessary repaired or replacement
parts, or (3) by the redoing of the faulty installation. Any such failure, or the repair or replacement of
the defective component or the redoing of any installation, shall not extend the Warranty Period.
Where such failure cannot be corrected by Sellers reasonable efforts, the parties will negotiate an
equitable adjustment in price. Seller will be responsible for all charges incurred in returning defective
parts to Seller's plant and shipping repaired or replacement parts to Buyer. All warranty labor must
be performed by an authorized service group approved by Seller either at its place of business, for
mobile or portable equipment, or at the Buyer's location for fixed location equipment should Seller
determine that it is not feasible to return the fixed location equipment to Seller's authorized service
group.
D. Any additional purchases of equipment and installation services which may be purchased by Buyer
and delivered or performed by Seller shall have the standard Manufacturer's warranty.
E. Sellers obligations shall not apply to: (1) Hardware or components thereof which are normally
consumed in operation, or, (2) defects which are the result of improper storage, use, or installation
performed by other than Seller, maintenance performed by other than Seller, or repair performed by
other than Seller, or (3) Hardware which has been subjected to any other kind of misuse or
detrimental exposure or has been involved in an accident, or (4) Hardware or installations altered or
repaired by any party other than Seller without Seller's prior written consent.
F. Coverage Warranty. Notwithstanding the other provisions of this Section 16, Seller's only
Warranty as to radio coverage is that the System, prior to Acceptance, shall have successfully
passed the coverage tests in the Acceptance Test Plan.
G. Software
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The warranty for the Software is set forth in the Software License Agreement
H. THE WARRANTIES AND REMEDIES SET FORTH IN THIS SECTION AND IN THE SOFTWARE
LICENSE AGREEMENT CONSTITUTE THE ONLY WARRANTIES WITH RESPECT TO THE
HARDWARE, SOFTWARE AND SERVICES AND THE BUYER'S EXCLUSIVE REMEDIES IN THE
EVENT SUCH WARRANTIES ARE BREACHED. THEY ARE IN LIEU OF ALL OTHER
WARRANTIES WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY
INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY AND THE
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE
LIABLE FOR SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES INCLUDING, BUT NOT
LIMITED TO, LOSS OF PROFITS OR REVENUES.
J.
SECTION 16. INDEMNIFICATION:
A. Seller shall be responsible for and agrees to indemnify, hold harmless and defend the Buyer and its
boards, commissions, agencies, officers and employees from and against all liability, losses,
damages, costs or expenses which the Buyer and its boards, commissions, agencies and
employees may sustain, incur or be required to pay by reason of third party claims, demands and
causes of action for damages resulting from personal injuries, loss of I'rfe or damage to tangible
properly to the extent resulting from the willful misconduct or negligent acts or omissions of Seller,
Seller's officers, agents, employees, or subcontractors. Buyer agrees to notify Seller in writing as
soon as practical of any third party claim, demand or cause of action for which Buyer will request
indemnification from Seller. Buyer will provide Seller with the necessary information and assistance
to defend or settle such claim,- demand or cause of action. The obligations of Seller under this
paragraph shall survive the expiration or termination of this Agreement.
B. Buyer shall be responsible for and agrees to indemnify, hold harmless and defend the Seller and its
board of directors, officers and employees from and against all liability, losses, damages, costs or
expenses which the Seller and its board of directors, officers and employees may sustain, incur or
be required to pay by reason of third party claims, demands and causes of action for damages
resulting from personal injuries, loss of life or damage to tangible property to the extent resulting from
the willful misconduct or negligent acts or omissions of the Buyer and its boards, commissions,
agencies, employees and subcontractors. Seller agrees to notify Buyer in writing as soon as
practical of any third party claim, demand or cause of action for which Seller will request
indemn~cation from Buyer. Seller will provide Buyer with the necessary information and assistance
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P72
SECTION 17. INTERFERENCE:
to defend or settle such claim, demand or cause of action. The obligations of Buyer under this
paragraph shall survive the expiration or termination of this Agreement.
SECTION 19. PATENTS:
A. Seller warrants that the System furnished hereunder shall be delivered free of any rightful claim of
any third party for infringement of any United States patent or copyright. If Buyer notifies Seller
promptly of the receipt of any claim that the System infringes a United States patent or copyright and
gives Seller information, assistance and exclusive authority to settle and defend such claim, Seller at
its own expense shall defend, or may settle, any suit or proceeding against Buyer so far as based on
a claimed infringement which breaches this warranty. If, in any such suit arising from such claim, the
wntinued use of the System for the purpose intended is enjoined by any court of competent
jurisdiction, Seller shall, at its expense and option, either: (1) procure for Buyer the right to continue
using the System, or (2) modify the System so that it becomes non-infringing, or (3) replace the
System or portions thereof so that it becomes non-infringing, or (4) remove the System and refund
the purchase price (less reasonable depreciation for use). The foregoing states the entire liability of
Seller for patent or copyright infringement by the System and is subject to any limitation of total
liability set forth in this Agreement.
B. The preceding subsection (A) shall not apply to: (1) any portion of the System which is
manufactured to Buyer's design, or (2) the use of the System in conjunction with any other apparatus
or material not supplied by Seller to the extent that such conjoined use causes the alleged
infringement. As to any portion of the System or use described in the preceding sentence, Seller
assumes no liability whatsoever for patent infringement.
C. THE PATENT AND COPYRIGHT WARRANTY AND INDEMNITY OBLIGATIONS RECITED
ABOVE ARE IN LIEU OF ALL OTHER PATENT AND COPYRIGHT WARRANTIES AND
' INDEMNITIES WHATSOEVER, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR
L.. STATUTORY.
SECTION 20. LIMITATION OF LIABILITY:
A. Except for Seller's liability to third parties for its willful misconduct or negligent acts or omissions as
more particularly described in the Indemn~cation Section 18 of this Agreement, the total liability of
Seller, including its subcontractors or suppliers, for all claims of any kind for any loss or damage,
whether in contract, warranty, tort (including negligence or infringement), strict liability or otherwise,
arising out of, connected with, or resulting from the pertormance or non-pertormance of this
Agreement or from the manufacture, sale, delivery, installation, technical direction of installaton,
resale, repair, replacement, licensing or use of any Hardware, Software or the furnishing of any
Service, shall not exceed the amount paid by Buyer albcable to the particular item of Hardware,
Software or Service which gives rise to the claim. Except as to title, any such liability shall terminate
upon the expiration of the Warranty Period.
B. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF AGREEMENT, WARRANTY, TORT
(INCLUDING NEGLIGENCE OR INFRINGEMENT), STRICT LIABILITY OR OTHERWISE, SHALL
SELLER, OR ITS SUBCONTRACTORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES INCLUDING, BUT
NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF THE HARDWARE OR
ANY OTHER EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES,
SERVICES OR DOWNTIME COSTS.
C. Any action for any claim of any kind for any Toss or damages arising out of, connected with, or
resulting from the performance, non-performance or breach of the Agreement, or from the
manufacture, sale, delivery, installation, technical direction of installation, resale, repair, replacement,
licensing or use of any Hardware, Software or the furnishing of any Services, shall be commenced
within one (1) year after the cause of action accrued or it shall be deemed waived or barred.
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D. The provisions of this Section, LIMITATION OF LIABILITY, shall apply notwithstanding any other
provisions of this Agreement or any other agreement.
E. The provisions of this Section, LIMITATION OF LIABILITY, shall survive the expiration or termination
of this Agreement.
SECTION 21. REMEDIES;
A. In the event of a material breach of this Agreement by Seller which shall continue for one hundred
twenty (120) or more days after written notice of such breach (including a reasonably detailed
statement of the nature of such breach) shall have been given to Seiler by Buyer, Buyer shall be
entitled to avail itself cumulatively of any and all remedies available at law or in equity (provided such
remedies are not otherwise limited under the terms of this Agreement) and either: (1) suspend
performance of its payment obligations under the Agreement for as long as the breach continues
uncorcected; or (2) terminate this Agreement by written notice to Sellerrf the breach remains
uncorrected. The following shall constitute material breaches of this Agreement:
1. violation by Seller of any state, federal or local law, or failure by Seller to comply with any
applicable states and federal service standards, as expressed by applicable statutes, rules
and regulations.
2. failure by Seller to carry applicable licenses or certfications as required by law
3. failure of Seller to comply with reporting requirements contained herein.
r
B. In the event of: (1) any failure by Buyer for thirty (30) or more days to make any payment when due,
or (2) any other material breach of this Agreement by Buyer which shall continue for one hundred
twenty (120} or more days after written notice of such breach (including a reasonably detailed
statement of the nature of such breach) shall have been given to Buyer by Seller, Seller shall be
entitled to avail itself cumulatively of any and all remedies available at law or in equity (provided such
remedies are not otherwise limited under the terms of this Agreement) and either: (1) suspend
performance of its obligations under this Agreement for as long as the breach remains uncorrected;
or (2) terminate this Agreement by written notice to Buyer if the breach remains uncorrected.
C. Failure of the County Board of Supervisors or the State or Federal Governments to appropriate
sufficient funds to carry out Buyer's obligations hereunder, shall result in termination of this
Agreement as of the date funds are no bnger available and written notice is given to Seller by the
Buyer. Buyer shall pay Seller for all Work performed by Seller prior to the date Seller receives the
notice of termination under this Section 21.C.
D. In the event Buyer terminates this Agreement as provided herein, all finished and unfinished
Hardware and Documentation Deliverables produced or made by Seller for Buyer under this
Agreement shall become the property of Buyer and Seller shall be entitled to receive compensation
in acwrdance with the terms of this Agreement for any such Hardware and Documentation
Deliverables. Notwithstanding the above, Seller shall not be relieved of liability to Buyer for damages
sustained by Buyer by virtue of any breach of this P`greement by Seller described in Section 21.A
above and, after providing Seller with written notice of breach as set forth in Section 21.A, Buyer may
withhold any payments to Seller for the purpose of setoff of any damages, as agreed upon or finally
adjudicated, against such payment.
SECTION 22. CONFIDENTIALITY:
A. During the temp of this Agreement, it is anticipated that one party (hereafter the "Disclosing Party')
may disclose to the other party (hereafter the "Receiving Party") information which the Disclosing
Party considers proprietary and confidential. Accordingly, with respect to any spec'rtcation, drawings,
Page~14
P74
sketches, models, samples, tools, technical information, confidential business information or data, in
written or other tangible form which: (1) has been designated in writing by the Disclosing Party as
"Confidential or Proprietary," or (2) is of the type that the Receiving Party customarily treats as
confidential or proprietary, and which is fumished by the Disclosing Party to the Receiving party in
contemplation of or under this Agreement (hereinafter "Information"), the Receiving Party shall treat
such Information, for a period of five (5) years after the Effective Date of this Agreement, as
confidential information with the same degree of care as the Receiving Party affords to confdential
information of its own of a similar nature and shall not reproduce any such Information, in whole or in
part, except as spec'fiically authorized in writing by the Disclosing Party.
B. The provisions of the preceding subsection shall not apply to any Information which
1. is or shall become publicly available without breach of this Section 22, on the part of the
Receiving Party;
2. is already known by the Receiving Party prior to receipt from the Disclosing Party;
3. is independently developed by the Receiving Party;
4. is rightfully obtained by the Receiving Party from third parties without restriction; or
5. is required to be disclosed by appropriate governmental or judicial order or in accordance
with §2.2-3700 et. seq. of the Code of Virginia ("Virginia Freedom of Information Act")
provided that Receiving Party gives Disclosing Party prior written notice of such order and
assists Disclosing Party in taking reasonable actions to restrict such order.
C. The provisions of this Section, shall survive the expiration or termination of this Agreement.
`~ D. The confidentiality obligations of this Section, ,shall not apply to Software, the confidentiality and
other rights and obligations with respect to which are set forth in the Software License Agreement.
SECTION 23. COMPLIANCE:
Seller agrees to comply with all federal, state and local laws, ordinances, codes, rules and regulations in
effect as of the Effective Date of this Agreement that may in any way affect the Work by Seller hereunder.
Any Hardware or Software fumished by Seller under this Agreement shall comply in all material respects with
federal, state and local laws and regulations applicable to the manufacture, packing, sale and shipment of
such Hardware or Software as of the Effective Date of this Agreement and shall comply with any
amendments thereto which may have come into effect prior to the time such Hardware or Software are
delivered provided that the price and, if necessary, delivery of such Hardware or Software shall be equitably
adjusted to compensate Seller for the effect of compliance vrith any such amendments.
SECTION 24. NOTICES:
Notices and other communications between the parties shall be transmitted in writing by certified mail or
nationally recognized overnight courier service to the parties at the addresses set forth below and shall be
deemed effective upon receipt by the receiving party. Either party may change its address by giving notice in
writing thereof to the other party.
IF TO BUYER:
County of Pittsylvania County, Virginia
21 North Main Street
PO Box 426
Chatham, Virginia 24531
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Attn: [William D. Sleeper, Pittsylvania County Administrator]
W ITH A COPY TO:
County of Pittsylvania County, Virginia
21 North Main Street
PO Box 426
Chatham, Virginia 24531
Attn: [J. Vaden Hunt, Pittsylvania County Attorney]
IF TO SELLER:
Hams Corporation
221 Jefferson Ridge Parkway
Lynchburg, Virginia 24501
Attn
W ITH A COPY TO
Harris Corporalion
221 Jefferson Ridge Parkway
Lynchburg, Virginia 24501
Attn:
SECTION 25. COVERAGE GUARANTEE:
SECTION 28. TERM:
The tens of this Agreement shall commence upon the Effective Date of this Agreement and shall run through
the Expiration Date. The term of the Software license is set forth in the Software License Agreement.
SECTION 27. ENTIRE AGREEMENT:
The entire agreement of the parties is contained herein and this Agreement supersedes any and all oral
agreements and negotiations between the parties relating to the subject matter hereof.
SECTION 28. AMENDMENT:
The parties expressly agree that this Agreement shall not be amended in any fashion except in a writing(s)
executed by authorized representatives of both parties.
SECTION 29. SEVERABILITY:
The invalidity, in whole or in part, of any Section or part of any Section of this Agreement shall not affect the
validity of the remainder of such Section or the Agreement.
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SECTION 30. WAIVER:
No term of this Agreement may be waived except in a writing signed by the party waiving enforcement. No
tens of this Agreement shall be deemed to be waived by reason of any failure to previously enforce such
term. In no event shall the making of any payment required by this Agreement constitute or be construed
as a waiver by Buyer of any breach of the covenants of this Agreement or a waiver of any default of Seller
and the making of any such payment by Buyer while any such default or breach shall exist shall in no way
impair or prejudice the right of Buyer with respect to recovery of damages or other remedy as a result of
such breach or default.
SECTION 31. HEADINGS:
Section headings are inserted for convenience only and shall not be used in any way to construe the
meaning of terms used in this Agreement.
SECTION 32. GOVERNING LAW:
It is expressly understood and agreed to by the parties hereto that in the event of any disagreement or
controversy between the parties, Virginia law shall be controlling. Venue for any legal proceedings in state
court shall be in the Circuit Court of Pittsylvania County, Virginia. Venue for any legal proceedings in federal
court shall be in the United States District Court for the Western District of Virginia in Danville, Virginia.
SECTION 33. ASSIGNMENT: SUCCESSORS AND ASSIGNS:
This Agreement shall not be assigned nor any interest or obligation in this Agreement transfened by
either Party without the written consent of the other Party, which shall not be unreasonably withheld or
delayed. Notwithstanding the above, Seller may assign this Agreement, without consent, (a) in whole or in
~ part, to an affiliate or subsidiary or (b) in the event of a change of controlling ownership interest (either
`~_ directly or indirectly) in Seller or in the event of merger, recapitalization, consolidation, other business
combination or sale of all or substantially all of the assets of Seller. In addition, Seller may also assign or
transfer, without consent, claims for money due or to become due Seller from Buyer under this
Agreement to a bank, trust company or other financial institution if and only if the instrument of
assignment contains a provision substantially to the effect that it is agreed that the right of the assignee in
and to any moneys due or to become due to Seller shall be subject to prior claims of all persons, firms
and corporations for services rendered or materials supplied for the performance of the Work called for in
this Agreement. Seller shall promptly .provide to Buyer notice of any such permitted assignment or
transfer without consent.
[End of Text This Page]
Page~17
P77
IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement.
BUYER
COUNTY OF PITTSYLVANIA COUNTY,
VIRGINIA
By:
Name: William D. Sleeper
Title Pittsylvania County Administrator
Date: December 20.2011
SELLER
HARRIS CORPORA71ON,
RF COMMUNICATIONS DMSION
Name:
Title-
Date: December 16. 2011
WITNESS:
Witness
Approved as to form:
J. Vaden Hunt, Esq.
Pittsylvania CountyAttomey
WITNESS:
Witness Name:
Page~18
P78
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
ITEM NUMBER:
E911 Radio Tower Upgrade
SUBJECT/PROPOSAL/REOUEST:
Contract Approval
STAFF CONTACT(S):
William D. Sleeper
12-20-2011
ACTION:
12 (b)
INFORMATION:
CONSENT AGENllA:
ACTION: INFORMATION:
Yes
ATTACHMENTS:
Yes
REVIEWED BY:
BACKGROUND:
The Board of Supervisors Computer/Radio/Telecommunications Committee has been working for approximately
for 18 months on a contract for upgrading the E911 Radio Communications System for Pittsylvania County. A
portion of that upgrade requires new towers to be built throughout the County and upgrades to the existing towers
to ensure that the system will work completely.
DISCUSSION:
Part A of the line item in the budget for this E911 Radio System was the radio system with Harris Corporation RF
Communications Division. Part B is the towers that will hold the radio communications equipment and they will
be constructed by a division of Gamewood, Inc., entitled Kimbanet. Kimbanet will establish the tower constmction
and put in the necessary generators, microwave equipment and wiring systems necessary for the various towers
throughout the County. Attached hereto is a contract from Kimbanet Gamewood for the Pittsylvania County Board
of Supervisors.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the contract between Pittsylvania County and Gamewood
Techonology Group-Kimbanet, and authorize the County Administrator to sign on the behalf of Pittsylvania
County, pending any necessary final changes that may be required by Legal Counsel.
P79
[Draft: December 15, 2011]
PITTSYLVANIA COUNTY
AGREEMENT FOR SERVICES
This Agreement (the "Agreement") is entered into this day of December, by and
between the County of Pittsylvania, V irginia, a governmental entity organized and existing under
the laws of the Commonwealth of Virginia ("County"), and Gamewood Technology Group, Inc.,
a corporation organized and existing under the laws of the Commonwealth of Virginia
("Contractor"). County and Contractor may be referred to herein individually as a "Party" and
together as the "Parties."
RECITALS:
WHEREAS, County issued its Pittsylvania County, Virginia, Request for Proposals #11-
02-02, Towers, Shelters and Generators, dated February 23, 2011 (the "RFP");
WHEREAS, Contractor responded to the RFP by submitting its proposal dated May
2011. In response to subsequent negotiations with County, Contractor submitted its final,
updated proposal dated December 15, 2011, a copy of which is attached hereto and made a part
hereof as Schedule A (the "Proposal"); and
WHEREAS, County has selected Contractor to be its service provider in connection with
the RFP, and Contractor desires to provide services to County;
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein
contained and for other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the Parties, intending to be legally bound, agree as follows:
1. Provision of Services. Contractor shall provide the services to the County and at the
prices described in the Proposal. In the event of any discrepancy between the terms of
this Agreement and the Proposal, the terms of this Agreement shall prevail.. Contractor,
as applicable, shall provide engineering for and/or build all nine (9) of the sites identified
and described in Schedule B attached hereto (the "Sites").
2. County Obligations. In return for the services provided by Contractor, County shall pay
Contractor the amounts at the times as set forth in the Payment Schedule attached hereto
as Schedule C.
3. Construction, Acceptance and Further Activities Procedures. Contractor shall not
construct more than two (2) Sites at one time. As each Site is accepted by County,
Contractor will commence construction of the next Site. The Sites will be constructed in
the order indicated on Schedule B. County must accept each Site by delivering to
Contractor the Acceptance Form attached hereto as Schedule D on or before the times
specified for each such Site in the schedules for each Site included in the Proposal, which
Page 1 of 15
P80
[Draft: December I5, 201 l]
acceptance shall not be unreasonably withheld. Contractor shall rely that the signature on
any Acceptance Form is that of an authorized representative of County and such
signature shall be valid and binding on County. Once County has accepted a Site,
County shall upon acceptance immediately thereafter become responsible for insuring,
maintaining and operating such Site including its antenna tower, shelter and any other
items installed by Contractor, and Contractor shall be fully released of the responsibility
for insurance, maintenance and operation of such Site. No installations of any equipment
or antennas may be made by County or any of its agents or subcontractors in or on the
shelter or on the tower at any Site until after such Site has been formally accepted by
County. County and Contractor may by a separate written agreement agree on any
installation, maintenance or other services which Contractor may provide to County with
respect to any of the Sites. Notwithstanding the foregoing, should Contractor determine
that due to events beyond its control it would be beneficial to work on more than two (2)
Sites at one time, then Contractor in its sole discretion may work on one or more
additional Sites.
4. Representations and Warranties of County. County is represented by the Board of
Supervisors of Pittsylvania County, Virginia (the "Board"). The Board has taken all
necessary administrative and legal action to approve this Agreement and the County has
appropriated sufficient funds to make the payments to Contractor required by this
Agreement. The person signing this Agreement on behalf of County is authorized to do
so and his signature shall be valid and binding on County. The Board on behalf of
County holds valid and legal title without any encumbrances, or in the case of the White
Oak Site will hold a valid lease, on each of the Sites and there are no permits or
conditions of any kind required or imposed by any person which could cause a delay in
commencement or completion of construction of any Site other than determinations
required by the Federal Aviation Administration and registrations required by the Federal
Communications Commission. Each such Site has sufficient land to complete the
construction of the facilities described in this Agreement, is reachable by an access road
suitable for Contractor to transport materials and equipment to such Site, and is apt for
the use intended in accordance with this Agreement. The locations and descriptions of
each Site in Schedule B are accurate and correct. The soils at each Site are adequate for
use in the construction and backfill processes. County has secured or will secure all
required permits and zoning at each Site for construction to begin by the scheduled dates
as set forth in the Proposal.
5. Representations and Warranties of Contractor. Contractor is a corporation duly
organized or formed, validly existing and in good standing under the laws of the
Commonwealth of Virginia. The person signing this Agreement on behalf of Contractor
is authorized to do so and his signature shall be valid and binding on Contractor.
6. Termination.
a. General. Subject to the provisions below, the Agreement may be terminated by
either Party upon thirty (30) days advance written notice to the other Party, but if
Page 2 of 15
P81
[Draft: December 15, 201 l]
any work or service hereunder is in progress and has not been completed as of
the date of termination, then this Agreement may be extended upon prior written
approval of County until said work or services are completed and accepted.
b. For Convenience of County. County may terminate this Agreement upon thirty
(30) days prior written notice to Contractor by delivery of a Notice of
Termination (as defined below) whenever the Board shall determine that such
termination is in the best interest of fhe County.
c. Termination by County for Non-Appropriation of Funds. If County does not
appropriate or otherwise make available funds for any succeeding fiscal year
subsequent to the one in which this Agreement is entered into, then County shall
terminate this Agreement upon thirty (30) days prior written notice to Contractor
by delivery of a Notice of Termination. In the event that County terminates as a
result of non-appropriation of funds, County shall not obtain services which are
substantially equal to or similar to those for which this Agreement was entered
into.
d. Termination for Cause. Either Party may terminate this Agreement, without
further obligation, for a material default or gross negligence of the other Party or
its agents or employees with respect to any agreement or provision contained
herein. The thirty (30) days advance notice requirement is waived in the event of
termination under this subsection. County shall deliver a Notice of Termination
to Contractor.
e. Termination Notices from County. Termination by County shall be effected by a
delivery of a Notice of Termination (the "Notice of Termination") signed by the
Chairman of the Board whose signature shall be duly notarized, delivered to
Contractor, and specifically setting forth the effective date of termination and a
description in reasonable detail of the reason for termination.
f. Contractor's Actions on Receipt of Notice of Termination from County. Upon
receipt of a Notice of Termination, the Contractor shall:
i, Cease any further deliveries or work due under this Agreement, on the
date, and to the extent, which may be specified in the Notice of
Termination;
ii. Place no further orders with any subcontractors except as may be
necessary to complete work in progress approved by County's Purchasing
Officer (the "Purchasine Officer");
iii. Terminate all subcontracts except those necessary to complete work in
progress approved by the Purchasing Officer;
iv. Settle all outstanding liabilities and claims which may arise out of such
termination, with the ratification of the Purchasing Officer; and
v. Use its commercial efforts to mitigate any damages which may be
sustained by Contractor as a consequence of termination under this clause.
g. Contractor's Termination Claim. Afrer complying with the provisions of the
immediately preceding paragraph, Contractor shall submit a termination claim,
in no event later than six months after the effective date of termination, unless
Page 3 of 15
P82
[Drafr: December 15, 2011]
one or more extensions of three months each are granted by the Purchasing
Officer.
h. Payment to Contractor. In the event of termination for any reason County shall
promptly pay Contractor for services rendered and any costs and expenses
incurred (including prepaid expenses) prior to the termination date upon
Contractor's presentation of its termination claim.
i. Survival. This Section 6 shall survive the termination of this Agreement until all
amounts due to Contractor hereunder are paid in full by County.
7. Taxes. County is exempt from sales and use taxes in the Commonwealth of Virginia,
and will promptly issue a certificate of exemption to Contractor on Contractor's request.
8. Indemnification. Contractor shall indemnify, defend and hold harmless County, its
officers, agents and employees, from any material and reasonable 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
Contractor. Notwithstanding the foregoing, Contractor shall have no obligation under
this Section 8 in the event that (a) County is partially negligent, and/or (b) the work was
performed to the specifications agreed to. In no event shall Contractor be liable for (x)
incidental and consequential damages, (y) damages, costs or expenses resulting from
County's early termination of the Agreement, or (z) claims and actions brought by third
parties. Contractor shall have no obligation under this Section 8 unless a court of final
appeal shall have determined that Contractor is liable for any such claims, damages
and/or actions. The obligation to indemnify described in this Section shall terminate one
(1) year following the date of this Agreement.
9. Examination of Records. County, or any duly authorized representative, shall, until the
expiration of three (3) years afrer the final payment is made by County to Contractor on
this Agreement, have access to and a right to examine and copy any directly pertinent
books, documents, papers and records of Contractor involving transactions related to this
Agreement. Contractor shall have the reciprocal right, until the expiration of three (3)
years following final payment under this Agreement, to have access to and the right to
examine and copy any directly pertinent books, documents, papers and records of County
involving transactions related to this Agreement. The period of access provided in this
Section for records, books, documents, and papers which may relate to any arbitration,
litigation, or the settlement of claims arising out of the performance of this Agreement or
any subcontract shall continue until any appeals, arbitration, litigation, or claims shall
have been finally disposed of.
10. Insurance. Contractor shall maintain only the insurance, in the amount and form set
forth in Schedule E, to insure against the risks which are identified therein. Should
Contractor use the services of a subcontractor, each such subcontractor shall provide their
own insurance to cover the work provided by each such subcontractor.
Page 4 of 15
P83
[Draft: December 15, 2011]
11. Assignment and Changes. Neither this Agreement, nor any part hereof, may be assigned
by either Party without the express written permission of the other Party. This
Agreement may not be modified except pursuant to a written document signed by both
Parties.
12. Modifications Affecting Cost or Performance of Project.
a. Change Orders Requested b~County. The Purchasing Officer, with the written
approval of the County's signatory to this Agreement, shall have the authority to
request changes which affect the cost or time of performance. Such changes shall
be requested in writing specifically designated to be a change order and delivered
to Contractor fully describing the nature of and reason for such change. Such
change orders shall be limited to reasonable changes in the services to be
performed by Contractor or the time of Contractor's performance. Subject to the
terms further below in this Section 12, Contractor shall not be excused from
performance by failure to agree to such reasonable changes, and it is the express
purpose of this provision to permit reasonable unilateral changes which affect the
cost or time of performance subject to the conditions and limitations herein.
b. Change Order Requested b~Contractor. Should Contractor determine during the
construction process or otherwise that one or more conditions exist which will
lead to an increase in cost or time of performance (for example, if the soil at any
Site is found to be inadequate or unsuitable for the planned construction, or for
any situation which is different from what is normally encountered in similar
construction sites), Contractor shall have the authority to request changes which
affect the cost or time of performance. Such changes shall be requested in
writing specifically designated to be a change order and delivered to County,
fully describing each condition and the reason for each change. Such changes
shall be limited to reasonable changes in services to be performed by Contractor,
reasonable cost increases or reasonable changes to the time of Contractor's
performance. Such request by Contractor for a change must receive the written
consent of County, which consent shall not be unreasonably withheld or delayed.
c. Certification. Contractor need not perform and work described in any change
order unless it has received a written certification signed by the Chairman of the
Board that there are funds budgeted and appropriated to cover the cost of such
changes, and that Contractor will be paid for any additional sums required to
comply with such changes.
d. Demand for Pavmen[. Contractor shall make a demand for payment for changed
work within thirty (30) days of receipt by the applicable Party of a change order,
unless such time period is extended in writing. Later notification shall not bar the
honoring of such claim or demand unless County is prejudiced by such delay.
e. Claims After Final Payment. No claim for changes ordered hereunder shall be
considered if made after final payment in accordance with the Agreement.
Page 5 of 15
P84
[Draft: December I5, 2011 ]
13. Warranties. All of Contractor's warranties, and those of its subcontractors and vendors,
shall be limited to those set forth in the Section entitled "Warranty Information" of the
Proposal.
14. Project Managers. The project managers in connection with this Agreement will be
John Wolchko on behalf of Contractor, and William D. Sleeper on behalf of County.
Their respective contact information is listed on the signature page hereof.
15. Ordering. Contractor shall proceed according to the project schedule and time line
described in the Proposal upon receipt of orders issued by County. All orders from
County shall be issued by the County's Central Purchasing Department (the
"Department"). A County blanket purchase order number is required for the Agreement
before Contractor can begin work, and such number will be delivered to Contractor by
County no later than January 6, 2012. Changes, when accepted, will be issued a separate
purchase order number. However, partial order quantities and deliveries will be accepted
by the Department upon request of Contractor. No other department or personnel than
those in the Department are qualified to issue purchase orders, except as otherwise
provided herein make changes in orders, or accept delivery on orders under this
Agreement without specific written authorization being received by Contractor from the
Department.
16. Invoices and Billing Process. The payment schedule is described in Schedule C, and
change orders, shall be submitted by Contractor directly to the County Accounting
Department, at the address shown on the purchase order. The purchase order number
must be referenced on all invoices regardless of the state of the project's progress towards
completion. County's invoice processing is automated to a computer and the County has
a cut-off date for monthly bills and invoices around the 22"d day of each month. Once
this deadline is past County will not attempt to update the bills for the payment list.
County will not pay finance charges for bills, which fall due on a different schedule than
County's billing deadline. Contractor shall comply with County's bill processing
procedure and invoicing (complete with the necessary information) within County's
billing schedule. If Contractor so complies, then County will pay Contractor's invoices
by the 10`h day of the following calendar month.
17. Notices. All notices and other communications between the Parties given pursuant to
this Agreement will be deemed to have been sufficiently given when delivered by
personal service or sent by recognized overnight courier service, telecommunication or
registered U.S. Mail to the recipient at the address indicated on the signature page hereof.
All such communications will be deemed effective on the earlier of (a) actual receipt or
(b) if sent by courier service, on the next Business Day following the date delivered to the
courier service (the courier service's receipt being evidence of the date of such delivery),
or (c) if sent by facsimile or email on the next Business Day (subject to written
confirmation of receipt and that the telecommunication has been read by the Party to
whom it was sent), or (d) if sent by registered U.S. Mail, five (5) Business Days afrer
Page 6 of 15
P85
[Draft: December 15, 2011]
delivery to the U.S. Postal Service, postage prepaid. Either Party may give to the other
written notice of change of address, in which event any communication will thereafter be
given to such Party at such changed address. The term "Business Day" will mean any day
except Saturday and Sunday on which major money center banks are open for business in
Richmond, Virginia.
18. Force Majeure. Neither Party shall be liable for any delay or default in performance
under this Agreement (other than for delay in the payment of money due and payable
hereunder) if such delay or default is caused by conditions beyond its control including,
but not limited to, acts of God, weather, labor delays, start delays caused by County,
governmental restrictions, acts or delays of governmental agencies, power failures,
damage or destruction of any facilities, wars, insurrections, failure of suppliers,
subcontractors or carriers, and/or any other cause beyond the reasonable control of the
Party whose performance is affected. The Party experiencing the difficulty shall give the
other Pally prompt written notice with full details following the occurrence of the cause
relied upon for non-liability. Dates by which performance obligations are scheduled to
be met will be extended for a period of time at least equal to the time lost due to any
delay so caused.
19. Governing Law. This Agreement shall be governed by the laws of the Commonwealth
of Virginia as to all matters.
20. Headings. The section headings contained in this Agreement are solely for the purpose of
reference, are not par[ of the agreement of the Parties, and shall not in any way affect the
meaning or interpretation of this Agreement
21. Entire Agreement. This Agreement constitutes the entire agreement and understanding
between the Parties relating to the subject matter hereof and supersedes all prior
agreements, representations, understandings and commitments, oral or in writing, relating
to the subject matter hereof that were made by or on behalf of any of the Parties. This
Agreement may only be amended by an instrument in writing signed by all the Parties.
~,~..*
Page 7 of 15
P66
[Draft: December I5, 201 I]
IN WITNESS WHEREOF, the Parties have executed this Agreement for Services on the
day and year first written above.
COUNTY OF PITTSYLVANIA, VIRGINIA
By:
William D. Sleeper, County Administrator
Address:
21 North Main Street
Chatham, Virginia 24531
Attention: William D. Sleeper
Facsimile: (434) 432-7714
Telephone: (434)432-7710
Email: [insert]
GAMEWOOD TECHNOLOGY GROUP, INC.
By:
Robert Taylor, Chief Executive Officer
Address:
218 Boatwright Avenue
Danville, VA 24541
Attention: John Wolchko, Director of Tower installation and Maintenance Services
Facsimile: (434) 792-3113
Email: jwolchko _,kimbanet.com
Page 8 of 15
P87
[Draft: December I5, 20l 1]
SCHEDULE A
Proposal
[See the attached copy of the Aroposal beginning on the following page]
Page 9 of 15
P88
[Draft: December 15, 2011 ~
SCHEDULE B
Identification of Location and Description of Sites
Site Locations listed in order of construction
Site Location Site Description
Smith Mountain N37° 02' 11.22", W79° 32' Engineering Only
28.61"
Brosville N36° 37' 25.83", W79° 37' Engineering Only
50.61"
ECC N36° 49' 36.39", W79° 23' Engineering Only
47.83"
Callands Compactor N36° 59' 06.61", W79° 21' 300' Tower, Shelter, Generator and
12.19" Compound
Grit Road N37° 04' 10.67", W79° 14' 195' Tower, Shelter, Generator and
56.09" Compound
Renan Fire Dept N36° 58' 25.89", W79° 11' 195' Tower, Shelter, Generator and
27.25" Compound
Rockford School N36° 59' 06.61", W79° 21' 195' Tower, Shelter, Generator and
Road 12.19" Compound
Dan River MS N36° 39' 17.30", W79° 18' 300' Tower, Shelter, Generator and
33.65" Compound
White Oak Mtn N36° 44' 34.63", W79° 23' 300' Tower, Shelter, Generator and
06.23" Compound
Page 10 of 15
Pes
[Draft: December 15, 2011]
SCHEDULE C
lament Schedule
Down Payment To be paid no later than
$731,694.40 January 6, 2012
Smith Mountain
Final Payment
Engineering Only
Amount $3926.40
Due Upon Receipt of
Engineering
Brosville
Final Payment
Engineering Only
Amount $3926.40
Due Upon Receipt of
Engineering
ECC Engineering Final Payment
Only
Amount $3926.40
Due Upon Receipt of
Engineering
Callands Compactor Initial Payment 50%
Tower and Shelter of Remaining Final Payment
Amount for this Site
Amount $104,224.80 $104,224.80
Due When tower Upon acceptance of
foundation is poured site by County
Page 1 I of 15
P90
[Draft: December 15, 2011]
Grit Road Tower Initial Payment 50%
and Shelter of Remaining Final Payment
Amount for this Site
Amount $76,262.10 $76,262.10
Due When tower Upon acceptance of
foundation is poured site by County
Renan Fire Initial Payment 50%
Department Tower of Remaining Final Payment
and Shelter Amount for this Site
Amount $75,702.00 $75,702.00
Due When tower Upon acceptance of
foundation is poured site by County
Rockford School Initial Payment 50%
Road Tower and of Remaining Final Payment
Shelter Amount for this Site
Amount $76,662.90 $76,662.90
When tower Upon acceptance of
Due foundation is poured site by County
Dan River MS Initial Payment 50%
Tower and Shelter of Remaining Final Payment
Amount for this Site
Amount $102,899.10 $102,899.10
When tower Upon acceptance of
Due foundation is poured site by County
White Oak Initial Payment 50°to
Mountain Tower of Remaining Final Payment
and Shelter Amount for this Site
Amount $(07,636.40 $107,636.40
When tower Upon acceptance of
Due foundation is poured site by County
Page 12 of 15
Psi
[Draft: December 15, 201 ] ]
SCHEDULE D
Acceptance Form
Pittsylvania County Accentance Form for Agreement with Gamewood Technology Group [nc.
The following items have been accepted by County:
1. Steel structure
a. Vertical alignment and plumbness
b. All bolts tight and torqued to specification
c. No damaged or missing structural members
d. All surface scratches and damage to the galvanization occurring during shipping
or construction shall be repaired using a hot stick galvanization process. Spray
galvanizing materials are not permitted.
e. No signs of stress or vibration
£ All climbing ladders and other devices installed correctly
g. Labels and tags
2. Found ation
a. Concrete finish /lack of cracks /blemishes
b. Grouting, if used, will have drain holes if the tower uses hollow leg construction
or monopole design
c. Backfill shall be clean material and graded according to industry best practices
and applicable standards
3. Groun ding
a. Verify lugs and CADWELLs
b. Ground resistance test and record
c. Ground lighting rod installed at top of tower
4. Ice bri dge installed per specification
5. Lighti ng and controls
a. Inspect conduit and wiring installation
b. Verify proper lamp operation
c. Verify alarm contact operation
d. Verify labeling
6. Photographs
a. Overall structure from N, E, S, W
b. Footers
c. Grounding
Site name:
Date approved:
Approved by signature:
,..___.
Title:
Page 13 of 15
P92
[Draft: December 15, 2011)
SCHEDULE E
[nsurance Schedule
[See attached document on following page]
Page 14 of l5
P93
[Draft: December 15, 2011]
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Page 15 of 15
P94
REPORTS FROM
BOARD
MEMBERS
P95
REPORTS FROM
LEGAL COUNSEL
P96
REPORTS FROM
COUNTY
ADMINYSTI2ATOR
P97
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENllA DATE:
12-20-2011
Campbell County Landfill Permit
ACTION:
SUBJECT/PROPOSAL/REQUEST:
Region 2000 Regional Sanitary Landfill, Campbell CONSENT AGENDA:
County, Virginia ACTION:
STAFF CONTACT(S): ATTACHMENTS:
Yes
William D. Sleeper; Otis S. Hawker
REVIEWED BY:
ITEM NUMBER:
13
INFORMATION:
INFORMATION:
BACKGROUND:
Campbell County has a Draft Permit, Solid Waste Permit No. 610, for the Region 2000 Regional Sanitary Landfill,
located at 437 Livestock Road, Rustburg, Virginia.
DISCUSSION:
County Staff has reviewed the Draft Permit and has no comments. Attached is a copy of the Public Notice for the
Environmental Permit, Site Location Map and the Draft Solid Waste Facility Permit, No. 610.
RECOMMENDATION:
Staff submits this to the Board of Supervisors for their review, comments and/or concerns.
P98
~r1 NI ~
~~. 1~ (t Its.
Ifi'1
i ~
y ~i .Y
COMMONWEALTH of VIRGINIA
Douglas w. Domenech
Secretap~ ofNatural Resources DEPARTMENT OF ENVIRONMENTAL QUALITY
Blue Ridge Regional Office
www.deq.daginia.gov
Lynchburg Office
7705 T'vuberlake Road
Lynchburg, Virginia 24502
(434) 582.5120
Pax (434) 582-5125
December 12, 2011
Mr. William D. Sleeper
Pittsylvania County Administrator
P.O, BoK 426
Chatham, VA 24531
Re: Draft Permit, Solid Waste Pemtil No. 610
Region 2000 Regional Sanitary Landfill
Campbell County, Virginia
Dear Mr, Sleeper:
Dnvid K. Paylor
Director
Robert J. Weld
Regional Director
Ronnoke Office
3019 Peters Creek Road
Roanoke, Virginia 240]9
(540) 562-6700
Pae (540) SG2.6725
The facility located at 437 Livestock Road, Rustburg, Virghtia, submitted a permit application on March 7,
2011, requesting a new permit for the Region 2000 Regional Landfill, The request entails transferring
ownership of Phases III and N of the Campbell County Sanitary Landfill (SWP 285) to Region 2000, in
addition to hureasing the daily disposal limit to 2580 tons per day.
This email transmits a copy of the advertisement for public notice and maps with the referenced facility's
boundaries delhteated for your review. Should you or the county have any comments or objections regarding
any portion of this facility, or if you would like to request a copy of the draft permit or permit application,
please contact me at (434-582-6243), email at cluistopher.keehan@deq.virghria.gov, or at the following
address:
Deparhnent of Euvhouureutal Quality
Blue Ridge Regional Office-Lynchburg
7705 Tbuberlake Road
Lynchburg, VA 24502
Please be advised that the continent period for the draft permit ends at Spm ou January 10's, 2012. If no
response is received before this date, it will be assumed that your agency has uo objections to dre proposed
facility.
P99
Sincerely,
C~~~.~ ~t.c%~~r..~
Cluistopher Keehan
Solid Waste Permit Writer
Enclosures: Public Notice
Facility Site Map
Permit Introduction
P100
PUBLIC NOTICE -ENVIRONMENTAL PERMIT
PURPOSE OF NOTICE: To seek public comment on a draft permit from the
Department of Environmental Quality regarding a landfill in Campbell County,
Virginia.
PUBLIC COMMENT PERIOD: December 9, 2011 to January 10, 2012
PERMIT NAME AND NUMBER: Region 2000 Regional Landfill, SWP 610
PERMIT APPLICANT: Region 2000 Services Authority
FACILITY NAME AND LOCATION: Region 2000 Regional Landfill is located east
of US Route 29, at the end of State Route 674, approximately 5 miles south of
Lynchburg, Virginia in Campbell County.
PROJECT DESCRIPTION: The Region 2000 Services Authority has applied for
a new permit to split Phases III and IV from Campbell County Sanitary Landfill
(SWP 285). As a result, the daily disposal limit will change from approximately
200 tons per day to 2580 tons per day.
HOW TO COMMENT: DEQ accepts comments and requests for a public
hearing by a-mail, fax or postal mail. All comments and requests must be in
writing and be received by DEQ within the comment period. Submittals must
include the name, mailing address and telephone number of the
commenter/requester and of all persons represented by the
commenter/requester. A request for public hearing should also include: 1) The
reason why a public hearing is requested. 2) A brief, informal statement
regarding the nature and extent of the interest of the requester or of those
represented by the requestor, including how and to what extent such interest
would be directly and adversely affected by the permit. 3) Specific references,
where possible, to terms and conditions of the permit with suggested revisions.
DEQ may hold a public hearing, including another comment period, if public
response is significant and there are substantial, disputed issues relevant to the
permit. A copy of the draft permit is available at the DEQ office named below or
at the Region 2000 Services Authority office at 2704 Concord Turnpike,
Lynchburg, VA 24504. Comments may be sent via regular mail to the address
below.
CONTACT FOR PUBLIC COMMENTS, DOCUMENT REQUESTS AND
ADDITIONAL INFORMATION: Christopher Keehan, Solid Waste Permit Writer,
Blue Ridge Regional Office, 7705 Timberlake Road, Lynchburg, VA 24502;
Phone: (434) 582-6243; Fax: (434) 582-5125.
P101
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a~ Blacksburg, VA 24060 Hampton Roads, VA
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P102
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COMMONYVEALTH of VIRGINIA David K. Paplor
Director
Douglaz W. Domenech
SecreteryofNamrnl Resources DI•;PARTMENT OF )/NVIRONNI~NTAL QUALITY
Blue Ridge Regional Office Robert J. Weld
Regional Director
www.deq.v irginia.gov
Lynchburg Office Roanoke Office
7705 Timberlake Road
Lynchburg, Virginia 24502
(434) 582.5120
Fax (434)582-5125 3019 Peters Creek Rood
Ronnoke, Virginia 24014
(540) SG2-G700
Far (540)562-6725
SOLID WASTE FACILITY PERMIT
PERMIT NUMBER 610
Facility Name: Region 2000 Regional Landfill
Facility Type: Sanitary Landfill
Site Location: Campbell County
Latitude: 37°N16'47"
Longituc]e: 79°W09' 35"
Location Description: The facility is located east of US Route 29, at the end of State Route 674,
approximately five miles south of Lynchburg, Virginia in Campbell County.
Permit Limits: The landfill is limited to a daily disposal limit of 2580 tons/day, based on the Design
Report and the facility's Operations Manual.
Background: The site is comprised of approximately 107 acres, of wlticlr approximately S1 acres Will 6e
used for ach:al disposal area.
The facility consists of Phases ID and N, Which Were previously permitted under Campbell Coauty SLF,
SWP 285. Phase III is constructed and Phase N has yet to be constructed.
Permit Flighlights: This permit covers constntction and operation of a waste disposal nail as described
below:
Phase Acreage Waste Vo-ume (cy) Liner (Top to Bottom)
3 30 2,260,200 18-inches No. 57 stone as
drainage layer, 16 oz./sy non-
woven geotextile, 60-mil
texhued HDPE geomembrane,
4 2l 1,700,000 and 24-inches of clay with a
maximum permeability of 1x10"'
cm/s.
P703
The configuration of the final cover system for Phases 11[ and N is as follows (fi•om top to bottom):
• 18-inch erosio~>/vegetative support layer;
• 12-htch drainage layer coarse aggregate with permeability no less than ix10-Z cm/sec;
• 1 G ozJsy nonwoven geotestile;
• 40-mil VLDPE geomemhrane;
• 18-inch iu6liration layer with a permeability no less than Is10-5 cm/sec;
• b oz./sy nonwoven geotextile;
o l2-inch gas collection layer of fine aggregate with a permeability uo less than ] x 10-2ctn/sec;
• 6 oz./sy nomvoven geotestile; and
• 12-inches of intermediate cover.
Leachate generated withht each cell flows by gravity to the leachate holding tank, which has a capacity of
246,000 gallons. Leachate is then pumped to au onsite sewer line to Ue treated at the Lynchburg Regional
WastevvaterTreatmeut Plant.
The gas compliance monitoring nehvork For Phase III currently consists of BP-Ol tlurough BP-15, and
BP-316 through BP-319.
The permitted groundwater monitoring nehvork consist of upgradient monitoring wells MW-7 and MW-
12, and downgradieot monitoring wells MW-SB, MW-8, MW-9A, MW-10, OB-19, and OB-22. MW-12
is a proposed well to be installed prior to Phase IV accepting waste, and OB-19 and OB-22 are existing
wells to be utilized for Phase 1V.
THIS IS TO CERTIFY THAT:
Region 2000 Services Authority
828 Main Street, 12°i Floor
Lynchburg, VA 24504
is hereby granted a penult to construct, operate, and ntaintaht the facility as described in the attached
Permit Modules I, Il, III, X, XI, and XIUXIIi and the related Permit Attaclunents. These Permit Modules
and Permit Attachments are as referenced hereinafter and are htco~porated into and become a part of this
permit.
The herein described activity is to be established, modified, constructed, installed, operated, used,
lnflmfallled, and closed in accordance with the teens and conditions of this permit and the plans,
specifications, and reports submitted and cited ht the permit. The facility shall comply with all
regulations of the Virginia Waste Management Board. ht accordance with Chapter 14, § 10.1 - I408.1(D)
of the Code of Virginia, prior to issuing this permit, any continents by the local govertmnent and general
public have been investigated and evaluated and it has been determined that the facility poses no
substantial present or potential danger to human health or the envhonmenL The permit contains such
conditions and retluirements as are deemed necessary to comply with the requirements of the Vrginia
Code, the regidations of the Board, and to prevent substantial a• present danger to human health or the
environment.
Failure to comply with the teens and conditions of this permit shall constitute grounds for the revocation
or suspension of this permit and for the initiation of accessary enforcement actions.
Page ii
P104
The permit is issued in accordance with the provisions of § 10.1-1408.1.A, Chapter 14, Title ]0,1, Code
of Virginia (1950) as amended.
APPROVED;
DRAFT
Robert J. Weld
Regional Director
DATE:
L~itial Issuance
Page iii
P105
CLOSED
MEETING
P~os
ADJOURNMENT
P107