No Moss 3 Landfill Online Library Russell County Board of Supervisors Meetings Agenda Packets 2022-09-12 18 00-Russell BOS-Regular Meeting-Packet

2022-09-12 18 00-Russell BOS-Regular Meeting-Packet

Document Date: September 12, 2022 Document: 2022-09-12_18_00-Russell_BOS-Regular_Meeting-Packet.pdf

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Agenda Board of Supervisors September 12, 2022

Russell County Page 1

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING

AGENDA – SEPTEMBER 12, 2022

Conference Room Regular Meeting 6:00 PM

Russell County Governmental Center

Lebanon, Virginia 24266

CALL TO ORDER & ROLL CALL – Clerk of the Board

INVOCATION & PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

PRESENTATION

  1. RC BOS Resolution - Linda Skeens – “Viral County Fair Queen” – Virginia-
    Kentucky District Fair

  2. RC BOS Resolution – Annual Designation - April 9th (4/9) as “49 Winchester Day”

  3. Dora Martin – 2022 Vet-Fest

  4. Cuba Porter – RC PSA Report

NEW BUSINESS

  1. Approval of Minutes. Consider approval of the minutes of the
    following meeting of the Russell County Board of Supervisors….……………A-1

a. Unapproved minutes of August 1, 2022

  1. Approval of Expenditures. Consider approval of expenditures presented
    for payment………………………………………………………………………………A-2

Agenda Board of Supervisors September 12, 2022

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING AGENDA - SEPTEMBER 12, 2022

Conference Room Regular Meeting 6:00 PM

Russell County Governmental Center Lebanon, Virginia 24266

CALL TO ORDER & ROLL CALL - Clerk of the Board INVOCATION & PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA

PRESENTATION

  1. RC BOS Resolution - Linda Skeens — “Viral County Fair Queen” — Virginia- Kentucky District Fair

  2. RC BOS Resolution — Annual Designation - April 9’" (4/9) as “49 Winchester Day”

  3. Dora Martin — 2022 Vet-Fest

  4. Cuba Porter — RC PSA Report

NEW BUSINESS

  1. Approval of Minutes. Consider approval of the minutes of the following meeting of the Russell County Board of Supervisors…

a. Unapproved minutes of August 1, 2022

  1. Approval of Expenditures. Consider approval of expenditures presented for payment…

Russell County Page 1

Agenda Board of Supervisors September 12, 2022

Russell County Page 2

  1. Committee Appointments for Board Consideration………………………………A-3

Tourism Advisory Committee

District 4 (Vacant) 2 Year-Term August 1, 2022

Russell County Public Service Authority (PSA)

Vacant 4 Year-Term August 1, 2022

Russell County Public Library

Karen Davis 4 Year-Term September 20, 2022 Sharon Sargent 4 Year-Term September 20, 2022 Sharon VanDyke 4 Year-Term September 20, 2022

Upper Tennessee River Roundtable

Nathaniel Rasnake (Moved) 2 Year-Term December 31, 2022

CITIZEN’S COMMENT PERIOD (Limited to 3 Minutes)

CONSTITUTIONAL OFFICER REPORTS AND REQUESTS

COUNTY ATTORNEY REPORTS AND REQUESTS

  1. Russell County Board of Supervisor’s “Pro-Life Resolution”……………………B-1

  2. RC Personnel Policy – Insurance Retirement Program……………………………B-2

  3. RC Landfill Consultant Contract………………………………………….……………B-3

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

REPORTS

  1. Fire & EMS Departments – ARPA Funds - $1,000 Per Month Allocation………C-1

  2. VACo 2022 Annual Conference, Richmond Convention Center, November
    13-15, 2022…………………………………………………………………………………C-2

  3. VACo Region 12 & 13 Legislative Meeting - Russell County Gov’t Center

August 23, 2022 – 1 P.M. to 3 P.M…………………………………………………….C-3

  1. Finney Disposal Site Proposed Location .………………………………………….C-4

Agenda Board of Supervisors September 12, 2022

A-3

  1. Committee Appointments for Board Consideration… Tourism Advisory Committee District 4 (Vacant) 2 Year-Term August 1, 2022

Russell County Public Service Authority (PSA)

Vacant 4 Year-Term August 1, 2022

Russell County Public Library

Karen Davis 4 Year-Term September 20, 2022 Sharon Sargent 4Year-Term September 20, 2022 Sharon VanDyke 4 Year-Term September 20, 2022

Upper Tennessee River Roundtable

Nathaniel Rasnake (Moved) 2 Year-Term December 31, 2022 CITIZEN’S COMMENT PERIOD (Limited to 3 Minutes) CONSTITUTIONAL OFFICER REPORTS AND REQUESTS COUNTY ATTORNEY REPORTS AND REQUESTS

  1. Russell County Board of Supervisor’s “Pro-Life Resolution”

  2. RC Personnel Policy — Insurance Retirement Program…

  3. RC Landfill Consultant Contract…

COUNTY ADMINISTRATOR REPORTS AND REQUESTS REPORTS

  1. Fire & EMS Departments — ARPA Funds - $1,000 Per Month Allocation.

  2. VACo 2022 Annual Conference, Richmond Convention Center, November 13-15, 2022.

  3. VACo Region 12 & 13 Legislative Meeting - Russell County Gov’t Center August 23, 2022 - 1 P.M. to 3 P.M…

  4. Finney Disposal Site Proposed Location

Russell County Page 2

Agenda Board of Supervisors September 12, 2022

Russell County Page 3

  1. APA Court System Audit – RC Clerk of Circuit Court…………………………….C-5

REQUESTS

  1. VDOT Dante Depot Renovation Contract……………………………………………C-6

  2. DHCD Dante Regional Sewer Line Extension Agreement…………………………C-7

  3. DCJS Victim Witness Program Grant - $70,000…………………………………….C-8

  4. Voter Registration – ICE Tabulator - $8,625…………………………………………C-9

  5. VDOT Resolution – Highway System – Project 7058-097-105, G302, G303……C-10

  6. CSA Supplement Allocation Request - $11,141.09…………………………………C-11

  7. School Board Reversion Funds Correction - $356,522.13…………………………C-12

  8. National Opioids Settlement Payment - $43,265.96……………………………….C-13

  9. RC Deputy Emergency Management Coordinator………………………………….C-14

  10. RC Tourism Coordinator……………………………………………………………….C-15

  11. RC Planning Commission Plat…………………………………………………………C-16

  12. RC Library Travel Requests – Kelly McBride – Belinda Levy Association

for Rural & Small Libraries Conference 9/14 - 9/17 & Library of Virginia
Meeting, Richmond 9/22 – 9/23…………………………………………………………C-17

BOARD DISCUSSIONS & REMINDERS

ADJOURNMENT

COUNTY AGENCY / BOARD REPORTS:

• Treasurer’s Report ………………………………………………………………………D • RC IDA …………………………………………………………………………………….E • RC PSA …………………………………………………………………………………… F • RC Tourism……………………………………………………………………………….G • RC Planning Commission ………………………………………………………………H • Conference Center……………………………………………………………………….I • RC Transportation & Safety……………………………………………………………J • RC Cannery Reports…………………………………………………………………….K • RC Building Inspector……………………………………………………………………L • RC Litter Report………………………………………………………………………….M

Agenda Board of Supervisors September 12, 2022

  1. APA Court System Audit — RC Clerk of Circuit Court…

REQUESTS

  1. VDOT Dante Depot Renovation Contract…

  2. DHCD Dante Regional Sewer Line Extension Agreement…

  3. DCJS Victim Witness Program Grant - $70,000…

  4. Voter Registration — ICE Tabulator - $8,625…

10.VDOT Resolution — Highway System — Project 7058-097-105, G302, G303…

11.CSA Supplement Allocation Request - $11,141.09.

  1. School Board Reversion Funds Correction - $356,522.13.

13.National Opioids Settlement Payment - $43,265.96…

14.RC Deputy Emergency Management Coordinato

15.RC Tourism Coordinator.

16.RC Planning Commission Plat.

17.RC Library Travel Requests — Kelly McBride — Belinda Levy Association for Rural & Small Libraries Conference 9/14 - 9/17 & Library of Virs Meeting, Richmond 9/22 — 9/23…

C-17

BOARD DISCUSSIONS & REMINDERS. ADJOURNMENT COUNTY AGENCY / BOARD REPORTS:

Treasurer’s Report. RC IDA… RC PSA… RC Tourism. RC Planning Commission . Conference Center. RC Transportation & Safety. RC Cannery Reports. RC Building Inspecto RC Litter Report…

Russell County Page 3

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Board of Supervisors Information Item

137 Highland Drive Presenters - Various Lebanon, VA 24266

   Meeting: 9/12/22      6:00 PM 

Presentations

  1. RC BOS Resolution - Linda Skeens – “Viral County Fair Queen” – Virginia-

Kentucky District Fair

  1. RC BOS Resolution – Annual Designation - April 9th (4/9) as “49 Winchester Day”

  2. Dora Martin – 2022 Vet-Fest

  3. Cuba Porter – RC PSA Report

Staff Recommendation:

Presentation – Informational Only.

Suggested Motion:

Board Discretion.

ATTACHMENTS: • Various

Board of Supervisors Information Item 137 Highland Drive Presenters - Various Lebanon, VA 24266

Meeting: 9/12/22 __ 6:00 PM

Presentations

  1. RC BOS Resolution - Linda Skeens - “Viral County Fair Queen” - Vir: Kentucky District Fair

  2. RC BOS Resolution - Annual Designation - April 9" (4/9) as “49 Winchester Day”

  3. Dora Martin — 2022 Vet-Fest

  4. Cuba Porter —- RC PSA Report

Staff Recommendation: Presentation — Informational Only. Suggested Motion:

Board Discretion.

ATTACHMENTS:

  • Various

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

PEOPLE

Viral county fair legend Linda Skeens makes her TV debut on TODAY “I’ve been cooking and doing this for, what, SO-some years and so I don’t understand why there’s such a big deal,” said Skeens. “But anyway, I appreciate it.”

July 21, 2022, 1:51 PM EDT

By Joseph Lamour

She’s the woman who captured a nation’s hearts without lifting a finger - except, you know, to make a spread of delicious Southern cooking at its most prize-winningest.

Linda Skeens, the 74-year-old viral sensation who won 25 separate ribbons for her home cooking, baking and crafts at the Virginia-Kentucky District Fair this year appeared on TODAY Thursday for her very first television appearance. At last, we put a face to the name on the everyone’s lips.

Tracy Highlight

Tracy Highlight

Tracy Highlight

“Twebeencokinand day thisfo what Dsome years andso do understand why there sca big deals Skens "But aryway. appreciate”

By Joseph Lamour

Shes the woman who capaured a nation’s ears without ting a fger- except, you know o make 2 spread of delicious Souther cooking at ts ‘mos prize winningest.

Linda Sens, the year old vial sesation who won 25 separate ribbons for her home cooking, baking and crafts atthe Vigna Kentucky District Fr this yar appeared on TODAY Thursday fr her very first television appearance Atl, we puta facto the name on the everyone’ is

Baked Goods

e Cakes

  • 1st place: Linda Skeens

e Pies

  • 1st place: Linda Skeens

© Cookies

1st place: Linda Skeens 2nd place: Linda Skeens 3rd place: Linda Skeens

Brownies 1st place: Linda Skeens

Savory bread

1st place: Linda Skeens 2nd place: Linda Skeens 3rd place: Linda Skeens

Sweet Bread 1st place: Linda Skeens

Candy

1st place: Linda Skeens 2nd place: Linda Skeens 3rd place: Linda Skeens

‘Shoes sa that while waking to plck up her many bons, she ran nto another winner of ar category, who ter remarked that he met the imythlc mises of bolls and bases without know "dial him who as she sald

‘on the show, Shen share ingretent love, tat she even baked he reed

bon reipes or ja, brownies, and what se sa ret wiles

0 tr, including fr her peanut ster fudge for which she sa the secret of her husband’s fvorites: er peach hand pies. Skeens mentioned that

2s away appearing on national television, a one does

s Top 3 Bakers

  • InThe World

ij 1. Linda Skeens 2. Linda Skeens 3. Linda Skeens

Sheen alo shared a savory recipe fr her chow chow, vege filed pickled condiment, sweet and savor opin for Skeens ends tate buds she mention goes wel wth hot dogs, When asked ise uses "health substiutons lik agave nectar by Carson Daly she bristled, while mentioning ‘hat her peach had pies are Baked so theyre beter for you than deep ed ones,

cook country an cook et” Sheen sa

‘When asked which recipes er vor, she responded inmeiaely with ‘Meican combrend” which, she sayin her recipe, es seat with taco Soup oe beans."

Sheen, who revealed wo radio hos Mason Mousett tht se was dlgnose wih eer in December, a that dhe ght to New York Cty was the fist one she’s ever ben on, saying was fu, but made erate nervous, (By the way, she also tld Mousette tat the leukemia teament she’s on is working nd that coking fo er iends and Ely eps)

yeu snoc.oned

MOL 944 19D.

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24pm Se Upp an ous Ruoo>epaung uadq uak> says ep peau

pe os uno Sey 0 ey Ans 3 ees suDOS

Tracy Highlight

Tracy Highlight

Tracy Highlight

Tracy Highlight

Tracy Highlight

Tracy Highlight

Tracy Highlight

Tracy Highlight

Tracy Highlight

916122, 12:38 PM 49 Winchester - About

EQ9BO€O-

Photo by Joshua Black Wilkins

hitps:/49winchester.com/about 116

916/22, 12:38 PM 49 Winchester - About

Photo by Paul Handleman

49 Winchester “Damn Dart.

Bld

‘With its latest album, Fortune Favors The Bold,” Russell County, Virginia-based 49 Winchester s ready and roaring o break onto the ational ‘scone with its unique brand of tear-in-your-beer al-county, sticky barroom flor rock-nl, and high-octane Appalachian folk

‘As we’ve aged and matured, our sound has gone rom a softer place to this griter, edger tone that we have now,” says lad singerguitarst Isaac Gibson. “So, we’re trending more towards being a rock band instead of a country band. Bu, atthe same time, | don’t think anybody/s ever known quite what to call it

‘Although its 49 Winchester’s fourth studio album, “Fortune Favors The Bold” marks ls debut for Nashville’s New Wast Records — one ofthe premier labels fr Americana, indie and rock ats onthe cutting edge of sound, scope and spectacle Formed eight years ago on Winchester Street nth

small mountain town of Castlewood, Virginia (population: 2,046), the band started as rag {ag bunch of neighbortiood teenagers who just wanted to get together for the sake of playing together,

‘Aside ftom Gibson, thors also his childhood fiend, bassist Chase Chafin, alongside other Castlowood eronles — quai Bus Shelton, and Noah Pavick on pedal steel

“From day one, its always been a band and it wil always be about boing @ band. This is everything, everthing we love about musio— we’re going for broke with this thing," says Gibson “And tha gives us a unique perspective because its stl the same guys. Is sl all of us from

Castlewood traveling around, playing music and making this band a realy — ths ls a story of growth,” ‘And it’s that sense of growth ��� more so, a sense of self — atthe core of “Fortune Favors The Bold” I’s not only a record that showcases the current state of 49 Winchester, I’s a melodic stake in the ground of how this group is constantly evolving and taking shape, sonically and iyially

Reflecting on his early days as a jack-of-alltrades stone mason in Castlewood, where it was about trying to make ends meetin an effort to keep 49 Winchester roling along, Gibson can’t help but be grateful for a well-earned nation atthe core ofthe band’s ethos — anything worthwhile in te is bul brick-by-brick,

“Everything has tobe built And very few people are going to achleve success overnight says Gibson “There’s going to be people you see ‘succeed in font of you. Maybe you don’t think they deserve it as much as you, haven’t worked as hard as you, haven’t done it s lng as you.

But, none of that matters — they ain’t you. They’re not ving your life, They’re not part of your experiance."

Aits essence, “Fortune Favors The Bold’ is about going against al ods to bring your art into ution and into the worl. I’s about leaving your hometown and heading forthe unknown horizon. And it’s about proving those wrong who srickered and waited forthe day you’d give up somewhere down tha line, only to circle back home with your tal between your legs.

hitps://48winchester.com/about

216

WELCOME

49 WINGHESTER

ee

cn . Vii. chester will make their Grand Ole Opry debut on August 30th in

support of their critically acclaimed Fortune Favors the Bold, The new album has quickly generated over 10 million global streams and is now generating north of 750,000 streams a week. Fortune Favors the

Bold debuted at #7 on the Billboard Top New Artist Chart, #7 on the Billboard Current Country Chart, and #10 on the Billboard Folk Americana Chart as well. Of their Opry debut, frontman Isaac Gibson said, “I remember when this band first started, people half-jokingly said, ‘When are you boys gonna be on the Grand Ole Opry?’ And | would respond, half- jokingly myself, ‘Someday soon.’ After years of constant work, and the utmost faith in each other and what we are doing, here we are. Seeing this play out before our eyes is quite literally a dream come true. It’s a tremendous honor, and a feather in the cap of anyone in this realm of

music.”

Met with critical acclaim, Whiskey Riff said, “49 Winchester strikes gold… The best record released so far in 2022, don’t be surprised if it still remains on top at the year’s end,” while Magnet Magazine called them

and instrumentation. But we kept working at it, always progressing in what we wanted to do and how we wanted to sound — each song better than the previous one, the show this evening better than last night.”

49 Winchester’s Fortune Favors The Bold is available NOW via NEW WEST RECORDS.

 Board of Supervisors                       Action Item A-1 

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

     Meeting: 9/12/22       6:00 PM 

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Approval of Minutes

Request approval of the minutes from the following meeting:

o Unapproved minutes of August 1, 2022

STAFF RECOMMENDATION(s): Board discretion

SUGGESTED MOTION(s): Motion to approve Board Minutes.

ATTACHMENTS:

• Board Minutes

Board of Supervisors Action Item A-1 137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 9/12/22 6:00 PM

Approval of Minutes

Request approval of the minutes from the following meeting: © Unapproved minutes of August 1, 2022

STAFF RECOMMENDATION(S): Board discretion

SUGGESTED MOTION(:

Motion to approve Board Minutes.

ATTACHMENTS:

  • Board Minutes

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

August 01, 2022

A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, August 01, 2022 beginning with Executive (closed) Session at 5:00 pm followed by the regular meeting at 6:00 pm at the Russell County Government Center in Lebanon, Virginia.

The Clerk called the meeting to order.

APPROVAL OF THE AGENDA

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve the agenda as amended.

The vote was: Aye: David Eaton, Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF THE JULY 11, 2022 MINUTES

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve the July 11, 2022 minutes and dispense with the reading thereof.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF GENERAL COUNTY INVOICES

Motion made by Oris Christian, second Carl Rhea and duly approved by the Board of Supervisors to approve general county invoices in the amount of $1,659,380.87, including reoccurring and withholdings.

The vote was: Aye: Oris Christian, Carl Rhea, Tim Lovelace, Lou Wallace, David Eaton, Steve Breeding and Rebecca Dye Nay: None

Committee Appointments

DAVID BLACKSON APPOINTED TO THE TAC

Motion made by Oris Christian, second David Eaton and duly approved by the Board of Supervisors to appoint David Blackson to the Tourism Authority Committee to fill the unexpired term of Maddie Gordon, said term ending June 30, 2023. . The vote was: Aye: Oris Christian, David Eaton, Carl Rhea, Tim Lovelace, Steve Breeding, Lou Wallace and Rebecca Dye Nay: None

JANICE HALSEY APPOINTED TO THE TAC

Tracy Highlight

‘A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, August 01, 2022 beginning with Executive (closed) Session at 5:00 pm followed by the regular meeting at 6:00 pm at the Russell County Government Center in Lebanon, Virginia.

The Clerk called the me

3g to order. APPROVAL OF THE AGENDA

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve the agenda as amended.

The vote was: Aye: David Eaton, Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF THE JULY 11, 2022 MINUTES

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve the July 11, 2022 minutes and dispense with the reading thereof.

The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF GENERAL COUNTY INVOICES,

Motion made by Oris Christian, second Carl Rhea and duly approved by the Board of Supervisors to approve general county invoices in the amount of $1,659,380.87, including reoccurring and withholdings.

The vote was: ‘Aye: Oris Christian, Carl Rhea, Tim Lovelace, Lou Wallace, David Eaton, Steve Breeding and Rebecca Dye Nay: None

Committee Appointments

DAVID BLACKSON APPOINTED TO THE TAC Motion made by Oris Christian, second David Eaton and duly approved by the Board of Supervisors to appoint David Blackson to the Tourism Authority Committee to fill the unexpired term of Maddie Gordon, said term ending June 30, 2023. The vote was: ‘Aye: Oris Christian, David Eaton, Carl Rhea, Tim Lovelace, Steve Breeding, Lou Wallace and Rebecca Dye

Nay: None

JANICE HALSEY APPOINTED TO THE TAC

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to appoint Janice Halsey to the Tourism Advisory Committee to fill the expired term of Jamie Ball, said term ending June 30, 2023.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF THE RESIGNATION OF DANNY ALTIZER FROM TAC

Motion made by Rebecca Dye, second Tim Lovelace and duly approved by the Board of Supervisors to accept the resignation of Danny Altizer from the Tourism Advisory Committee.

The vote was: Aye: Rebecca Dye, Tim Lovelace, Carl Rhea, Steve Breeding, David Eaton, Lou Wallace and Oris Christian Nay: None

DOUG HUBBARD APPOINTED TO TAC

Motion made by Rebecca Dye, second David Eaton and duly approved by the Board of Supervisors to appoint Doug Hubbard to the TAC to fill the unexpired term of Danny Altizer, said term ending June 30, 2023.

The vote was: Aye: Rebecca Dye, David Eaton, Carl Rhea, Tim Lovelace, Steve Breeding, Lou Wallace and Oris Christian Nay: None

DOUG HOWARD RE-APPOINTED TO THE SOUTHWEST VIRGINIA COMMUNITY CORRECTIONS

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to re-appoint Doug Howard to the Southwest Virginia Community Corrections Board for a (2) two-year term, said term ending August 01, 2024.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

PHILLIP CAMPBELL APPOINTED TO THE RUSSELL COUNTY PSA

Motion made by Rebecca Dye, second Tim Lovelace and duly approved by the Board of Supervisors to appoint Phillip Campbell to The Russell County Public Service Authority for a (4) four-year term, said term ending June 24, 2026.

The vote was: Aye: Rebecca Dye, Tim Lovelace, Lou Wallace, Rebecca Dye, David Eaton and Steve Breeding Nay: Oris Christian

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to appoint Janice Halsey to the Tourism Advisory Committee to fill the expired term of Jamie Ball, said term ending June 30, 2023,

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF THE RESIGNATION OF DANNY ALTIZER FROM TAC

Motion made by Rebecca Dye, second Tim Lovelace and duly approved by the Board of Supervisors to accept the resignation of Danny Altizer from the Tourism Advisory Committee.

The vote was: ‘Aye: Rebecca Dye, Tim Lovelace, Carl Rhea, Steve Breeding, David Eaton, Lou Wallace and Oris Christian Nay: None

DOUG HUBBARD APPOINTED TO TAC

Motion made by Rebecca Dye, second David Eaton and duly approved by the Board of Supervisors to appoint Doug Hubbard to the TAC to fill the unexpired term of Danny Altizer, said term ending June 30, 2023.

The vote was: ‘Aye: Rebecca Dye, David Eaton, Carl Rhea, Tim Lovelace, Steve Breeding, Lou Wallace and Oris Christian

Nay: None

DOUG HOWARD RE-APPOINTED TO THE SOUTHWEST VIRGINIA COMMUNITY CORRECTIONS

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to re-appoint Doug Howard to the Southwest Virginia Community Corrections Board for a (2) two-year term, said term ending August 01, 2024.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

PHILLIP CAMPBELL APPOINTED TO THE RUSSELL COUNTY PSA

Motion made by Rebecca Dye, second Tim Lovelace and duly approved by the Board of Supervisors to appoint Phillip Campbell to The Russell County Public Service Authority for a (4) four-year term, said term ending June 24, 2026.

The vote was: ‘Aye: Rebecca Dye, Tim Lovelace, Lou Wallace, Rebecca Dye, David Eaton and Steve Breeding Nay: Oris Christian

RESIGNATION OF ANGIE FARMER FROM CPMT

Motion made by Rebecca Dye, second Steve Breeding and duly approved by the Board of Supervisors to accept the resignation of Angie Farmer from the Community Policy Management Team.

The vote was: Aye: Rebecca Dye, Steve Breeding, Oris Christian, Tim Lovelace, David Eaton, Carl Rhea and Lou Wallace Nay: None

JENNIFER NUNLEY APPOINTED TO THE CPMT

Motion made by Rebecca Dye, second Tim Lovelace and duly approved by the Board of Supervisors to appoint Jennifer Nunley to the Community Policy Management Team to fill the unexpired term of Angie Farmer, said term ending October 12, 2024.

The vote was: Aye: Rebecca Dye, Tim Lovelace, Carl Rhea, Steve Breeding, David Eaton, Lou Wallace and Oris Christian Nay: None

ALICE MEADE AND LARRY BURTON RE-APPOINTED TO THE AASC

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to re-appoint Alice Meade and Larry Burton to the Appalachian Agency for Senior Citizens for (4) four-year terms, said terms ending June 30, 2026.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

Presentation

Marketta Puckett and Tracey Wilson presented some resources for Russell County citizens to get assistance for family members suffering from Alzheimer’s. The Alzheimer’s Northeast Tennessee organization is available for citizens in need throughout the region, including Russell County.

Citizens’ Comment

The Chair opened citizens’ comment period.

The following citizens commented in favor of Russell County becoming a Pro-Life Sanctuary County, they voiced concerns about protecting the unborn, the sanctity of life and opposition to abortion clinics locating in Russell County. They wanted to see Russell County take the lead against abortion in Southwest Virginia. Some of the citizens also voiced opposition to Suboxone Clinics being in the County.

Jony Baker Jody Shelton Stephen Musick James Nunley
Lynn Hess John Salyer Eddie Hall Nate Kiser
Steven Damron Kenny Bolling Tara Null Steve Wallace Sandy Hess Brandon Cassell Wanda Burke Wally Kennedy

RESIGNATION OF ANGIE FARMER FROM CPMT

Motion made by Rebecca Dye, second Steve Breeding and duly approved by the Board of Supervisors to accept the resignation of Angie Farmer from the Community Policy Management Team.

The vote was: ‘Aye: Rebecca Dye, Steve Breeding, Oris Christian, Tim Lovelace, David Eaton, Carl Rhea and Lou Wallace Nay: None

JENNIFER NUNLEY APPOINTED TO THE CPMT. Motion made by Rebecca Dye, second Tim Lovelace and duly approved by the Board of Supervisors to appoint Jennifer Nunley to the Community Policy Management Team to fill the unexpired term of Angie

Farmer, said term ending October 12, 2024.

The vote was: ‘Aye: Rebecca Dye, Tim Lovelace, Carl Rhea, Steve Breeding, David Eaton, Lou Wallace and Oris Christian Nay: None

ALICE MEADE AND LARRY BURTON RE-APPOINTED TO THE AASC

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to re-appoint Alice Meade and Larry Burton to the Appalachian Agency for Senior Citizens for (4) four-year terms, said terms ending June 30, 2026.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

Presentation Marketta Puckett and Tracey Wilson presented some resources for Russell County citizens to get assistance for family members suffering from Alzheimer’s. The Alzheimer’s Northeast Tennessee

organization is available for citizens in need throughout the region, including Russell County.

Citizens’ Comment

The Chair opened citizens’ comment period.

The following citizens commented in favor of Russell County becoming a Pro-Life Sanctuary County, they voiced concerns about protecting the unborn, the sanctity of life and opposition to abortion clinics locating in Russell County. They wanted to see Russell County take the lead against abortion in Southwest Virginia. Some of the citizens also voiced opposition to Suboxone Clinics being in the County.

Jony Baker Jody Shelton Stephen Musick James Nunley Lynn Hess John Salyer Eddie Hall Nate Kiser Steven Damron Kenny Bolling Tara Null Steve Wallace

Sandy Hess Brandon Cassell Wanda Burke Wally Kennedy

Cody Jackson Paul Herndon Phillip McGlothlin Kristy Perkins Mike Dye Tara Dye Don Zamboni Wayne Hubbard Sue Hubbard Paul Day Tim Whited Kirby Meadows Gordon Ethan Gross

Roy Castle, Castlewood asked that the Board look at the road in Kingland Heights.

Dora Martin invited the Board to attend Southwest Virginia Vet Fest at the Russell County Fairgrounds on September 24, 2022.

Angela Carpenter, Lebanon commented about an issue from the last Board meeting concerning a right of way and her property.

Raine Wells, Honaker spoke concerning Star Ministries and the work they do in the community. She asked for a donation for a back to school event they are sponsoring.

The Chair closed citizens’ comment.

The Chair directed the County Attorney to pursue the possibility of an ordinance prohibiting the location of abortion clinics in the county and to make Russell County a Pro-Life Sanctuary.

The Chair called for a short recess.

The meeting was called back to order by Chair Lou Wallace.

County Attorney Reports and Requests

GIVENS SCHOOL LEASE RENEWED WITH STAR MINISTRIES, INC.

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to renew the Givens School Lease with Star Ministries, Inc.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF THE PURE SALMON PROJECT RESOLUTION

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a resolution concerning the Pure Salmon Project tax incentive contingent upon Tazewell and Buchanan County approval.

The vote was: Aye: David Eaton, Steve Breeding, Lou Wallace, Carl Rhea, Tim Lovelace, Rebecca Dye and Oris Christian Nay: None

Cody Jackson Paul Herndon Phillip McGlothlin _Kristy Perkins

Mike Dye Tara Dye Don Zamboni Wayne Hubbard ‘Sue Hubbard Paul Day Tim Whited Kirby Meadows Gordon Ethan Gross

Roy Castle, Castlewood asked that the Board look at the road in Kingland Heights.

Dora Martin invited the Board to attend Southwest Virginia Vet Fest at the Russell County Fairgrounds on September 24, 2022.

Angela Carpenter, Lebanon commented about an issue from the last Board meeting concerning a right of way and her property.

Raine Wells, Honaker spoke concerning Star Ministries and the work they do in the community. She asked for a donation for a back to school event they are sponsoring.

The Chair closed citizens’ comment,

The Chair directed the County Attorney to pursue the possibility of an ordinance prohibiting the location of abortion clinics in the county and to make Russell County a Pro-Life Sanctuary.

The Chair called for a short recess.

The meeting was called back to order by Chair Lou Wallace.

County Attorney Reports and Requests

GIVENS SCHOOL LEASE RENEWED WITH STAR MINISTRIES, INC.

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to renew the Givens School Lease with Star Ministries, Inc.

The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian

Nay: None

APPROVAL OF THE PURE SALMON PROJECT RESOLUTION

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a resolution concerning the Pure Salmon Project tax incentive contingent upon Tazewell and Buchanan County approval.

The vote was: Aye: David Eaton, Steve Breeding, Lou Wallace, Carl Rhea, Tim Lovelace, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF A LEASE AGREEMENT WITH B. WILLIAMS, LLC FOR DANTE STEAM BUILDING

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a lease agreement with B. Williams Resources, LLC for the Dante Steam Building subject to final approval by counsel for both parties.

The vote was: Aye: David Eaton, Steve Breeding, Carl Rhea, Tim Lovelace, Lou Wallace, Rebecca Dye and Oris Christian Nay: None

APPROVAL TO ACCEPT RC SCHOOL REVERSION FUNDS IN THE AMOUNT OF $574,758.18

Motion made by Rebecca Dye, second Steve Breeding and duly approved by the Board of Supervisors to accept Russell County School reversion funds in the amount of $574,758.18.

The vote was: Aye: Rebecca Dye, Steve Breeding, David Eaton, Lou Wallace, Tim Lovelace and Oris Christian
Nay: None

AUTHORIZATION TO HIRE A BUILDING INSPECTOR

Motion made by Rebecca Dye second Tim Lovelace and duly approved by the Board of Supervisors to authorize the County Administrator to hire for the Building Inspector position.

The vote was: Aye: Rebecca Dye, Tim Lovelace, Carl Rhea, Lou Wallace, David Eaton, Steve Breeding and Oris Christian Nay: None

APPROVAL OF EMPLOYEE ALIGNMENT FOR THE RUSSELL COUNTY LIBRARY

Motion made by Rebecca Dye, second Carl Rhea and duly approved by the Board of Supervisors to approve a request from the Library Board of Trustees to proceed with an employment internal alignment.

The vote was: Aye: Rebecca Dye, Carl Rhea, Tim Lovelace, David Eaton, Lou Wallace and Oris Christian Nay: None Abstain: Steve Breeding

APPROVAL OF A RESTORATION PROJECT FOR THE SWORDS CREEK OLD SCHOOL FACILITY

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a restoration project for the Swords Creek Old School Facility.

APPROVAL OF A LEASE AGREEMENT WITH B. WILLIAMS, LLC FOR DANTE STEAM BUILDING

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a lease agreement with B. Williams Resources, LLC for the Dante Steam Building subject to final approval by counsel for both parties.

The vote was: Aye: David Eaton, Steve Breeding, Carl Rhea, Tim Lovelace, Lou Wallace, Rebecca Dye and Oris Christian Nay: None

APPROVAL TO ACCEPT RC SCHOOL REVERSION FUNDS IN THE AMOUNT OF $574,758.18

Motion made by Rebecca Dye, second Steve Breeding and duly approved by the Board of Supervisors to accept Russell County School reversion funds in the amount of $574,758.18.

The vote was: ‘Aye: Rebecca Dye, Steve Breeding, David Eaton, Lou Wallace, Tim Lovelace and Oris Christian Nay: None

AUTHORIZATION TO HIRE A BUILDING INSPECTOR

Motion made by Rebecca Dye second Tim Lovelace and duly approved by the Board of Supervisors to authorize the County Administrator to hire for the Building Inspector position.

The vote was: ‘Aye: Rebecca Dye, Tim Lovelace, Carl Rhea, Lou Wallace, David Eaton, Steve Breeding and Oris Christian Nay: None

APPROVAL OF EMPLOYEE ALIGNMENT FOR THE RUSSELL COUNTY LIBRARY

Motion made by Rebecca Dye, second Carl Rhea and duly approved by the Board of Supervisors to approve a request from the Library Board of Trustees to proceed with an employment internal alignment.

The vote was: ‘Aye: Rebecca Dye, Carl Rhea, Tim Lovelace, David Eaton, Lou Wallace and Oris Christian Nay: None

Abstain: Steve Breeding

APPROVAL OF A RESTORATION PROJECT FOR THE SWORDS CREEK OLD SCHOOL FACILITY

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a restoration project for the Swords Creek Old School Facility.

The vote was: Aye: David Eaton, Steve Breeding, Carl Rhea, Tim Lovelace, Lou Wallace, Rebecca Dye and Oris Christian Nay: None

The meeting was adjourned by the Chairperson.


Clerk of the Board Chairperson

The vote was: ‘Aye: David Eaton, Steve Breeding, Carl Rhea, Tim Lovelace, Lou Wallace, Rebecca Dye and Oris Christian Nay: None

The meeting was adjourned by the Chairperson.

Clerk of the Board Chairperson

                                                  Board of Supervisors                         Action Item A-2 

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

    Meeting: 9/12/22      6:00 PM 

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Approval of Expenditures

Request approval of the County’s August 2022 Monthly Expenditures:

STAFF RECOMMENDATION(s):
County’s August 2022 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s August 2022 Monthly Expenditures.

ATTACHMENTS:

• August 2022 Monthly Expenditures

Board of Supervisors Action Item A-2 137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 9/12/22 6:00 PM

Approval of Expenditures

Request approval of the County’s August 2022 Monthly Expenditures:

STAFF RECOMMENDATION(s): ‘County’s August 2022 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s August 2022 Monthly Expenditures.

ATTACHMENTS:

  • August 2022 Monthly Expenditures

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

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Board of Supervisors Action Item: A-3

137 Highland Drive Presenter: Chairperson
Lebanon, VA 24266

    Meeting: 9/12/22        6:00 PM 

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

  Board Appointments 
  1. Committee Appointments for Board Consideration

Tourism Advisory Committee

District 4 (Vacant) 2 Year-Term August 1, 2022

Russell County Public Service Authority (PSA)

Vacant 4 Year-Term August 1, 2022

Russell County Public Library

Karen Davis 4 Year-Term September 20, 2022 Sharon Sargent 4 Year-Term September 20, 2022 Sharon VanDyke 4 Year-Term September 20, 2022

Upper Tennessee River Roundtable

Nathaniel Rasnake (Moved) 2 Year-Term December 31, 2022

Board of Supervisors Action Item: A-3 137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 9/12/22 6:00 PM

Board Appointments

  1. Committee Appointments for Board Consideration

Tourism Advisory Committee District 4 (Vacant) 2 Year-Term August 1, 2022

Russell County Public Service Authority (PSA)

Vacant 4 Year-Term August 1, 2022

Russell County Public Library

Karen Davis 4 Year-Term September 20, 2022 Sharon Sargent 4 Year-Term September 20, 2022 Sharon VanDyke 4 Year-Term September 20, 2022

Upper Tennessee River Roundtable Nathaniel Rasnake (Moved) 2 Year-Term December 31, 2022

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

Board Appointments

[Russell County Library Board

karen Davis 5 Three Years September 20, 2022 Sharon Sargent 2 Three Years September 20, 2022 [Sharon VanDyke 4 Three Years September 20, 2022 |Upper Tennessee River Rountable

Nathaniel Rasnake (moved) Two Years December 31, 2022 Industrial Development Authori

Ernie McFaddin 5 Four Years October 1, 2022 [Cumberland Plateau Economic Development Commission

Frank Horton 5 (One Year October 12, 2022 Tony Lambert 6 (One Year October 12, 2022 Ron Blankenship 3 (One Year October 12, 2022 ames Eaton 6 (One Year October 12, 2022 Russell County Library Board

Sherry Lyttle 1 Three Years October 7, 2022 People Inc. Board of Directors

Vicki Porter z Five Years November 6, 2022

[Community Policy Management Team

lleffrey Brintle

Three Years

November 7, 2022

Cumberland Mt. Community Service Board

Eric Brown 4 Three Years December 31, 2022 Drill Community Center

[Charlene Blankenship 4 Two Years December 31, 2022 Rachel Helton’ 4 Two Years December 31, 2022 Doug Lester 4 Two Years December 31, 2022 Harold Dean Thomas a Two Years December 31, 2022 Betty Sue Hess 4 Two Years December 31, 2022 Upper Roundtree River Roundtable

Nathaniel Rasnake 1 Two Years December 31, 2022 [Heart of Appalachia

Maddie Gordon 2 Two Years December 31, 2022

Loretta Vance

From: Sent: To: Subject:

[email protected]

Monday, July 12, 2021 9:57 AM

[email protected]; [email protected] Online Form Submittal: Board and Committee Application

Board and Committee Application

Name Donnie E Christian Email Address [email protected] Address PO Box 1917

City Lebanon

State VA

Zip Code 24266

Phone Number 276-254-0128

Fax Number Field not completed.

Board/Committee on Which Planning Commission

You Wish to Serve Cumberland Plateau Economic Development Tourism Other Interests Serving the citizens of our region especially Russell Co with

Good infrastructure, Great jobs & Wonderful Recreational opportunities.

Education BS - Mining Engineering Completed majority of course work for dual BS in Civil Engineering.

Job Experience 35+ years of Engineered Planning & Design for Land

Development & Infrastructure. Approx. 20 years with local Consulting Engineering firms and approx. 15 years with State Regulatory Agencies. Designed Subdivisions for Commercial & Residential Development - Prepared Plats,

Civic or Service ~4 years - VDOT Technical Advisor to RC Planning Organization Experience Commission

20+ years - Board of Director - RCPSA

‘1+ years - Industrial Development Authority

‘Are you currently a member of a Russell County Board or Committee?

IFYES, please name:

Have you previously served as a member of a Russell County Board or Committee?

IFYES, please name:

Yes

RCIDA & RCPSA

Yes

RCPSA & RCIDA

Email not displaying correctly? View it in your browser,

79122, 9:54 AM Fw: Online Form Submittal: Board and Committee Application -loretta.vance russelleountyva.us ~ Outlook

Reply all Y [il] Delete © Junk Block +++

Fw: Online Form Submittal: Board and Committee Application

Ve Vickiporter russellcountyva.us 66 & A»

To: loretta.vance russellcountyva.us Tue 7/19/2022 9:04 AM

From: [email protected] <noreply @civicplus.com> Sent: Monday, July 18, 2022 5:46 PM

To: vicki.porter russellcountyva.us <vicki,porter @russellcountyva.us>; loretta.vance russellcountyva.us [email protected]

Subject: Online Form Submittal: Board and Committee Application

Board and Committee Application

Name Sharon Sargent Email Address [email protected]

Mailing Address: Box 1018 Saint Paul VA 24283

E-911 Address: 16938 West Hills Drive Castlewood VA 24224 Phone Number 2767625272

Fax Number Field not completed.

Board/Committee on Which Library Board

You Wish to Serve

Other Interests Field not completed. Education Field not completed. Job Experience Fiold not completed. ‘Are you currently a Yes

registered voter?

What voting district do you North Castlewood reside in?

Civic or Service Field not completed. Organization Experience

Are you currently member Yes of a Russell County Board or Committee?

‘aboutiblank

COUNTY OF RUSSELL, VIRGINIA [_PeintForm ‘OFFICE USE ONLY:

COMMITTEE APPLICATION Due Reese

Letter Sent:

Currently Serving On : tibrary Board

NAME: Ashbrook Judy N Miss 5

(Last) (First) (Middle Initial) (Mr., Mrs., Miss, Rank)

HOME ADDRESS: 389 Scenic Drive Lebanon, Virginia

[email protected]

(Email Address)

‘TELEPHONE NUMBERS: (276) 889-1159 (Home) (Business) (FAX)

PROFESSION/VOCATION: School Teacher - Retired (37 Years)

BOARDS/COMMISSIONS ON WHICH YOU WISH TO SERVE: Russell County Library Board

(List no more than 3 -+ in order of preference:)

OTHER INTERESTS: Reading, Spending Time With Grandchildren, Traveling

EDUCATION: _ Master’s Degree in Education (MEd) from University of Virginia, Bachelor of Science (Biology) King College

Castlewood High School Graduate (1967)

JOB EXPERIENCE: Teacher - Russell County Public Schools - 37 years. Elementary and Middle School

CIVIC OR SERVICE ORGANIZATION EXPERIENCE: Daughter’s of the American Revolution (DAR) Member with additional service

toveterans.

ARE YOU CURRENTLY A MEMBER OF A RUSSELL COUNTY BOARD OR COMMISSION? Y€S

IF YES, PLEASE NAME; Library Board

HAVE YOU PREVIOUSLY SERVED AS A MEMBER OF A RUSSELL COUNTY BOARD OR COMMISSION?

IP YES, PLEASE NAME:

ARE YOU A REGISTERED VOTER? Ys DISTRICT NUMBER: 9

COUNTY OF RUSSELL, VIRGINIA OFFICE. USE ONLY:

COMMITTEE APPLICATION Date Received: June, 30, 209.2.

LetterSent:

Currently Serving On

wow Davis Karen B|

(Last) (First) (Middle tnif

HOME ADDRESS: L9db Ea + Moen st hohanm, VA AdAbb Rds Mobile| con

(Email Address) ‘reLepHone NuMBERS: A7(p ~ 624-7132

(Home) (Business) (FAX)

PROFESSION/VOCATION: ‘Keclined Loucabe

BOARDS/COMMISSIONS ON WHICH YOU WISH TO SERVE: hi lvar ES “Boa cd

(List no more than 3 – in order of preference:)

OTHER INTERESTS:

EDUCATION: B.A. UNVA@\Nise. WEA. VPT Sy)

son exraunce: “Kugsell Cp. Schoo! Mogul teacher - [V11- 3-0 1B.

Tazewe|\ Cy Shoo! Board “1974 “142

CIVIC OR SERVICE ORGANIZATION EXPERIENCE: Ruseell Co. hihrove beard Bape Fam currently vice CDaiernen 2p the da

ARE YOU CURRENTLY A MEMBER OF A RUSSELL COUNTY BOARD OR cBmssion ie IF YES, PLEASE NAME: ho be ey board U

HAVE YOU PREVIOUSLY SERVED AS A MEMBER OF A RUSSELL COUNTY BOARD OR COMMISSION?

IF YES, PLEASE NAME:

AREYOU AREGISTERED VoTER? __(f@5 pisnucrnuper:

Board and Committee Application

Name

Email Address

Mailing Address:

E-911 Address: Phone Number Fax Number

Board/Committee on Which You Wish to Serve

Other Interests Education Job Experience

Are you currently a registered voter?

‘What voting district do you reside in?

Civic or Service Organization Experience

‘Are you currently a member of a Russell County Board or Committee?

IFYES, please name:

Have you previously served as a member of a Russell County Board or Committee?

Sharon VanDyke [email protected] 535 Coxtown Rd

Honaker VA. 24260 2765960270

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iver Roundtable

P.O. Box 2359 Abingdon, VA 24212

Phone: (276) 628-1600 Fax: (276) 623-1185

August 1, 2022

Russell County Board of Supervisors 137 Highland Drive Lebanon, VA 24266

To the Russell County Board of Supervisors:

The Upper Tennessee River Roundtable is a non-profit organization with an overall interest in improving water quality in Southwest Virginia, representing a total of seven counties and two cities, Our major rivers include the Clinch, Holston, and Powell. The Mission of the Upper Tennessee River Roundtable is to achieve clean water throughout the watershed with the involvement of the community in planning, education, coordination, attracting resources, and serving as an advocate for our healthy watersheds.

The Roundtable formed in 2004 and has grown into a tremendous network of partnerships among state and federal agencies, local governments, stakeholder groups, businesses & industries, non-profit organizations, volunteers, and many others. Over the years, millions of dollars of grant funding and private contributions, along with countless volunteer service hours, have been leveraged to complete hundreds of restoration, conservation, education, and clean-up projects in Southwest Virginia’s rivers and streams; several of these projects took place in Russell County. The Roundtable’s Board of Directors serve to forward the priorities and direction provided by the Roundtable and manage the projects and operations of the organization.

‘The Roundtable’s Bylaws dictate which stakeholder groups will have representation on the Board. For local governments, each County Board of Supervisors may appoint one representative to the Board of Directors. Directors serve a two-year term without compensation. The Board of ‘Supervisors appointed Mr. Nathaniel Rasnake to the Russell County seat last spring, but he has relocated out of Russell County to Tennessee for work. So, we are writing to you today to request that you fill this seat at your earliest convenience. We would like to recommend that you appoint Ms. Jeannie O°Dell of 51 Sutherland Drive, Cleveland, VA, for the Russell County seat.

Ms. O’Dell is a Russell County resident with strong family ties to the county and who is passionate about water quality and volunteer service. Jeannie is a retired official from the US Department of the Interior and had a career as a federal mine inspector. Her experience and knowledge of water quality standards and environmental conservation would be a great asset to the Roundtable and Russell County. She is already very familiar with the Roundtable and its work and is ready to represent Russell County. She resides at 51 Sutherland Drive, Cleveland, VA.

Please contact us if you have any questions about the Roundtable or our recommendation of Ms. O’Dell. Thank you for your time.

Sincerely, Oat CA Carew, Rory Dustin R. Keith Carol W. Doss, EdD, MA Chair Executive Director Upper Tennessee River Roundtable Upper Tennessee River Roundtable [email protected] [email protected] (276) 202-9277 (276) 628-1600

P.S. We would be remiss if we did not also mention how vital the local funding we receive from County Boards of Supervisors is to our organization and work in Southwest Virginia. We would relish an opportunity to discuss our completed, ongoing, and planned projects in Russell County with you, the costs savings that these projects have passed on to the County and taxpayers, and how a contribution from the Board this year would be used to continue the Roundtable’s important work.

cc: Lou Wallace, Chair, District 2 Supervisor Oris Christian, Vice Chair, At-Large Supervisor Tim Lovelace, Vice Chairman, District 1 Supervisor Carl Rhea, District 3 Supervisor David Eaton, District 4 Supervisor Steve Breeding, District 5 Supervisor Rebecca Dye, District 6 Supervisor Lonzo Lester, Clerk

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Board of Supervisors   Action Item 

137 Highland Drive Presenters - Attorney Lebanon, VA 24266

    Meeting: 9/12/22         6:00 PM 

County Attorney Reports

  1. Russell County Board of Supervisor’s “Pro-Life Resolution”……………………B-1

  2. RC Personnel Policy – Insurance Retirement Program……………………………B-2

  3. RC Landfill Consultant Contract………………………………………….……………B-3

Staff Recommendation:

Board Discretion.

Suggested Motion:

Motion Required.

ATTACHMENTS: • Various

Board of Supervisors Action Item 137 Highland Drive Presenters - Attorney Lebanon, VA 24266

Meeting: 9/12/22 6:00 PM

County Attorney Reports

  1. Russell County Board of Supervisor’s “Pro-Life Resolution”.

  2. RC Personnel Policy - Insurance Retirement Program…

  3. RC Landfill Consultant Contract…

Staff Recommendation: Board Discretion. Suggested Motion: Motion Required.

ATTACHMENTS:

  • Various

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

RESOLUTION OF THE BOARD OF SUPERVISORS, RUSSELL COUNTY OF

VIRGINIA DECLARING RUSSELL COUNTY TO BE A PRO-LIFE COUNTY

WHEREAS, the United States Supreme Court recently overturned their decisions in Roe v. Wade

and Planned Parenthood v. Casey which had previously held that the United States’ Constitution

conferred a right to an abortion; and

WHEREAS, the United States Supreme Court held in Dobbs v. Jackson Women’s Health Org.

the right to an abortion was not a constitutional right and that the authority to regulate abortions

was a matter for “the people and their elected representatives;” and

WHEREAS, the Fifth and Fourteenth Amendments to the United States Constitution provide for

the protection of human life; and

WHEREAS, the Board of Supervisors of Russell County, Virginia expresses their desire for

Russell County to be a pro-life county.

NOW THEREFORE BE IT RESOLVED, the Board of Supervisors of Russell County, Virginia

declares that Russell County is a pro-life county and pledges to support this resolution by all means

within its power.

BE IT FURTHER RESOLVED, that the Board of Supervisors of Russell County, Virginia

hereby declares that it has no interest in the recruitment, facilitation, or support of any companies

or providers whose business activities serve to initiate, support or expand abortion services and

the Board shall oppose the establishment of any such facilities to the extent of their power as

allowed by state and federal law.

CERTIFICATION OF ADOPTION OF RESOLUTION

The undersigned Clerk of the Board of Supervisors of Russell County, Virginia hereby certifies

that the Resolution set forth above was adopted during an open meeting on September 12, 2022,

by the Board of Supervisors with the following votes:

Voting District: Supervisor: Aye Nay: Abstain:

1 Tim Lovelace _____ _____ _____

2 Lou Ann Wallace _____ _____ _____

3 Carl Rhea _____ _____ _____

4 David Eaton _____ _____ _____

5 Steven Breeding _____ _____ _____

6 Rebecca Dye _____ _____ _____

At Large Oris Christian _____ _____ _____

Signed this _____day of September, 2022

Tracy Highlight

WHEREAS, the United States Supreme Court recently overturned their decisions in Roe v. Wade and Planned Parenthood v. Casey which had previously held that the United States’ Constitution conferred a right to an abortion; and

WHEREAS, the United States Supreme Court held in Dobbs v. Jackson Women’s Health Org. the right to an abortion was not a constitutional right and that the authority to regulate abortions was a matter for “the people and their elected representatives,” and

WHEREAS, the Fifth and Fourteenth Amendments to the United States Constitution provide for the protection of human life; and

WHEREAS, the Board of Supervisors of Russell County, Virginia expresses their desire for Russell County to be a pro-life county.

NOW THEREFORE BE IT RESOLVED, the Board of Supervisors of Russell County, Virginia declares that Russell County is a pro-life county and pledges to support this resolution by all means within its power.

BE IT FURTHER RESOLVED, that the Board of Supervisors of Russell County, Virginia hereby declares that it has no interest in the recruitment, facilitation, or support of any companies or providers whose business activities serve to initiate, support or expand abortion services and the Board shall oppose the establishment of any such facilities to the extent of their power as allowed by state and federal law.

CERTIFICATION OF ADOPTION OF RESOLUTION

The undersigned Clerk of the Board of Supervisors of Russell County, Virginia hereby certifies that the Resolution set forth above was adopted during an open meeting on September 12, 2022, by the Board of Supervisors with the following votes:

Voting District: Supervisor: Aye Nay: Abstain: 1 Tim Lovelace — — — 2 Lou Ann Wallace _ —_ — 3 Carl Rhea _ — — 4 David Eaton —— — — 5 Steven Breeding _ — — 6 Rebecca Dye

At Large Oris Christian

Signed this day of September, 2022

By:________________________

 Clerk, Board of Supervisors of  

  Russell County, Virginia 

By Clerk, Board of Supervisors of Russell County, Virginia

Va. Code Ann. § 18.2-71 Current through Chapter 2 of the 2022 Special Session I

Code of Virginia 1950 > Title 18.2. Crimes and Offenses Generally. (Chs. 1 — 13) > Chapter 4. Crimes Against the Person. (Arts. 1 — 9) > Article 9. Abortion. (§§ 18.2-71 — 18.2-76.2)

§ 18.2-71. Producing abortion or miscarriage, etc.; penalty.

Except as provided in other sections of this article, if any person administer to, or cause to be taken by a woman, any drug or other thing, or use means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and thereby destroy such child, or produce such abortion or miscarriage, he shall be guilty of a Class 4 felony.

History

Code 1950, § 18.1-62; 1960, c. 358; 1970, c. 508; 1975, cc. 14, 15.

Code of Virginia 1950 Copyright © 2022 Code of Virginia (Annotated) Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved.

End of Document

about:blank Tracy Highlight

Tracy Highlight

Code of Virginia 1950 > Title 18.2. Crimes and Offenses Generally. (Chs. 1 — 13) > Chapter 4. Crimes Against the Person. (Arts. 1— 9) > Article 9. Abortion. (§§ 18.2-71 — 18.2-76.2)

Except as provided in other sections of this article, if any person administer to, or cause to be taken by a woman, any drug or other thing, or use means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and thereby destroy such child, or produce such abortion or miscarriage, he shall be guilty of a Class 4 felony.

History

Code 1950, § 18.1-62; 1960, c. 358; 1970, c. 508; 1975, cc. 14, 15.

Code of Virginia 1950 Copyright © 2022 Code of Virginia (Annotated) Matthew Bender & Company, Inc.

‘a member ofthe LexisNexis Group. All rights reserved.

End of Document

Va. Code Ann. § 18.2-71.1 Current through Chapter 2 of the 2022 Special Session I

Code of Virginia 1950 > Title 18.2. Crimes and Offenses Generally. (Chs. 1 — 13) > Chapter 4. Crimes Against the Person. (Arts. 1 — 9) > Article 9. Abortion. (§§ 18.2-71 — 18.2-76.2)

§ 18.2-71.1. Partial birth infanticide; penalty.

A. Any person who knowingly performs partial birth infanticide and thereby kills a human infant is guilty of a Class 4 felony.

B. For the purposes of this section, “partial birth infanticide” means any deliberate act that (i) is intended to kill a human infant who has been born alive, but who has not been completely extracted or expelled from its mother, and that (ii) does kill such infant, regardless of whether death occurs before or after extraction or expulsion from its mother has been completed. The term “partial birth infanticide” shall not under any circumstances be construed to include any of the following procedures: (i) the suction curettage abortion procedure, (ii) the suction aspiration abortion procedure, (iii) the dilation and evacuation abortion procedure involving dismemberment of the fetus prior to removal from the body of the mother, or (iv) completing delivery of a living human infant and severing the umbilical cord of any infant who has been completely delivered.

C. For the purposes of this section, “human infant who has been born alive” means a product of human conception that has been completely or substantially expelled or extracted from its mother, regardless of the duration of pregnancy, which after such expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.

D. For purposes of this section, “substantially expelled or extracted from its mother” means, in the case of a headfirst presentation, the infant’s entire head is outside the body of the mother, or, in the case of breech presentation, any part of the infant’s trunk past the navel is outside the body of the mother.

E. This section shall not prohibit the use by a physician of any procedure that, in reasonable medical judgment, is necessary to prevent the death of the mother, so long as the physician takes every medically reasonable step, consistent with such procedure, to preserve the life and health of the infant. A procedure shall not be deemed necessary to prevent the death of the mother if completing the delivery of the living infant would prevent the death of the mother.

F. The mother may not be prosecuted for any criminal offense based on the performance of any act or procedure by a physician in violation of this section.

History

2003, cc. 961, 963.

Code of Virginia 1950 Copyright © 2022 Code of Virginia (Annotated) Matthew Bender & Company, Inc.

about:blank about:blank about:blank Ve 1

Current through Chapter 2 of the 2022 Special Session |

Code Ann. § 18.2-7’

Code of Virginia 1950 > Title 18.2. Crimes and Offenses Generally. (Chs. 1— 13) > Chapter 4. Crimes Against the Person. (Arts. 1— 9) > Article 9. Abortion. (§§ 18.2-71 — 18.2-76.2)

§ 18.2-71.1. Partial birth infanticide; penalty.

‘A. Any person who knowingly performs partial birth infanticide and thereby kills a human infant is guilty of a Class 4 felony.

B. For the purposes of this section, “partial birth infanticide” means any deliberate act that (i) is intended to kill a human infant who has been bor alive, but who has not been completely extracted or expelled from its mother, and that (i) does kill such infant, regardless of whether death occurs before or after extraction or expulsion from its mother has been completed.

The term “partial birth infanticide” shall not under any circumstances be construed to include any of the following procedures: (i) the suction curettage abortion procedure, (ji) the suction aspiration abortion procedure, (ii) the dilation and evacuation abortion procedure involving dismemberment of the fetus prior to removal from the body of the mother, or (iv) completing delivery of a living human infant and severing the

umbilical cord of any infant who has been completely delivered,

C. For the purposes of this section, “human infant who has been born alive” means a product of human conception that has been completely or substantially expelled or extracted from its mother, regardless of the duration of pregnancy, which after such expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached

D. For purposes of this section, “substantially expelled or extracted from its mother” means, in the case of a headfirst presentation, the infant’s entire head is outside the body of the mother, or, in the case of breech presentation, any part of the infant’s trunk past the navel is outside the body of the mother.

E. This section shall not prohibit the use by a physician of any procedure that, in reasonable medical judgment, is necessary to prevent the death of the mother, so long as the physician takes every medically reasonable step, consistent with such procedure, to preserve the life and health of the infant. A procedure shall not be deemed necessary to prevent the death of the mother if completing the delivery of the living infant would prevent the death of the mother.

F, The mother may not be prosecuted for any criminal offense based on the performance of any act or procedure by a physician in violation of this section.

History

2003, co. 961, 963.

Code of Virginia 1950 Copyright © 2022 Code of Virginia (Annotated) Matthew Bender & Company, Inc.

Va. Code Ann. § 18.2-72 Current through Chapter 2 of the 2022 Special Session I

Code of Virginia 1950 > Title 18.2. Crimes and Offenses Generally. (Chs. 1 — 13) > Chapter 4. Crimes Against the Person. (Arts. 1 — 9) > Article 9. Abortion. (§§ 18.2-71 — 18.2-76.2)

§ 18.2-72. When abortion lawful during first trimester of pregnancy.

Notwithstanding any of the provisions of § 18.2-71, it shall be lawful for (i) any physician licensed by the Board of Medicine to practice medicine and surgery or (ii) any person jointly licensed by the Boards of Medicine and Nursing as a nurse practitioner and acting within such person’s scope of practice to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman during the first trimester of pregnancy.

History

1975, cc. 14, 15; 2020, cc. 898, 899.

Code of Virginia 1950 Copyright © 2022 Code of Virginia (Annotated) Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved.

End of Document

about:blank about:blank about:blank about:blank Va. Code Ann. § 18.2-72

Current through Chapter 2 of the 2022 Special Session |

Code of Virginia 1950 > Title 18.2. Crimes and Offenses Generally. (Chs. 1 — 13) > Chapter 4. Crimes Against the Person. (Arts. 1— 9) > Article 9. Abortion. (§§ 18.2-71 — 18.2-76.2)

§ 18.2-72. When abortion lawful during first trimester of pregnancy.

Notwithstanding any of the provisions of § 18.2-71, it shall be lawful for (i) any physician licensed by the Board of Medicine to practice medicine and surgery or (ii) any person jointly licensed by the Boards of Medicine and Nursing as a nurse practitioner and acting within such person’s scope of practice to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman during the first trimester of pregnancy.

History

1975, oc. 14, 15; 2020, co. 898, 899.

Code of Virginia 1950 Copyright © 2022 Code of Virginia (Annotated) Matthew Bender & Company, Inc

‘a member ofthe LexisNexis Group. All rights reserved.

End of Document

Va. Code Ann. § 18.2-73 Current through Chapter 2 of the 2022 Special Session I

Code of Virginia 1950 > Title 18.2. Crimes and Offenses Generally. (Chs. 1 — 13) > Chapter 4. Crimes Against the Person. (Arts. 1 — 9) > Article 9. Abortion. (§§ 18.2-71 — 18.2-76.2)

§ 18.2-73. When abortion lawful during second trimester of pregnancy.

Notwithstanding any of the provisions of § 18.2-71 and in addition to the provisions of § 18.2-72, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and surgery, to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman during the second trimester of pregnancy and prior to the third trimester of pregnancy provided such procedure is performed in a hospital licensed by the State Department of Health or operated by the Department of Behavioral Health and Developmental Services.

History

1975, cc. 14, 15; 2009, cc. 813, 840.

Code of Virginia 1950 Copyright © 2022 Code of Virginia (Annotated) Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved.

End of Document

about:blank about:blank about:blank about:blank Va. Code Ann. § 18.2-73

Current through Chapter 2 of the 2022 Special Session |

Code of Virginia 1950 > Title 18.2. Crimes and Offenses Generally. (Chs. 1 — 13) > Chapter 4. Crimes Against the Person. (Arts. 1— 9) > Article 9. Abortion. (§§ 18.2-71 — 18.2-76.2)

§ 18.2-73. When abortion lawful during second trimester of pregnancy.

Notwithstanding any of the provisions of § 18.2-71 and in addition to the provisions of § 18.2-72, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and surgery, to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman during the second trimester of pregnancy and prior to the third trimester of pregnancy provided such procedure is performed in a hospital licensed by the State Department of Health or operated by the Department of Behavioral Health and Developmental Services.

History

1975, cc. 14, 15; 2009, cc. 813, 840.

Code of Virginia 1950 Copyright © 2022 Code of Virginia (Annotated) Matthew Bender & Company, Inc

‘a member ofthe LexisNexis Group. All rights reserved.

End of Document

Va. Code Ann. § 18.2-74.1 Current through Chapter 2 of the 2022 Special Session I

Code of Virginia 1950 > Title 18.2. Crimes and Offenses Generally. (Chs. 1 — 13) > Chapter 4. Crimes Against the Person. (Arts. 1 — 9) > Article 9. Abortion. (§§ 18.2-71 — 18.2-76.2)

§ 18.2-74.1. Abortion, etc., when necessary to save life of woman.

In the event it is necessary for a licensed physician to terminate a human pregnancy or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman in order to save her life, in the opinion of the physician so performing the abortion or causing the miscarriage, §§ 18.2-71, 18.2-73 and 18.2-74 shall not be applicable.

History

Code 1950, § 18.1-62.3; 1970, c. 508; 1975, cc. 14, 15.

Code of Virginia 1950 Copyright © 2022 Code of Virginia (Annotated) Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved.

End of Document

about:blank about:blank about:blank about:blank Va. Code Ann. § 18.2-74.1

Current through Chapter 2 of the 2022 Special Session |

Code of Virginia 1950 > Title 18.2. Crimes and Offenses Generally. (Chs. 1 — 13) > Chapter 4. Crimes Against the Person. (Arts. 1— 9) > Article 9. Abortion. (§§ 18.2-71 — 18.2-76.2)

§ 18.2-74.1. Abortion, etc., when necessary to save life of woman.

In the event it is necessary for a licensed physician to terminate a human pregnancy or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman in order to save her life, in the opinion of the physician so performing the abortion or causing the miscarriage, §§ 18.2-71, 18,2-73 and 18.2-74 shall not be applicable.

History

Code 1950, § 18.1-62.3; 1970, ¢. 508; 1975, cc. 14, 15.

Code of Virginia 1950 Copyright © 2022 Code of Virginia (Annotated) Matthew Bender & Company, Inc.

‘a member ofthe LexisNexis Group. All rights reserved.

End of Document

Va. Code Ann. § 18.2-74 Current through Chapter 2 of the 2022 Special Session I

Code of Virginia 1950 > Title 18.2. Crimes and Offenses Generally. (Chs. 1 — 13) > Chapter 4. Crimes Against the Person. (Arts. 1 — 9) > Article 9. Abortion. (§§ 18.2-71 — 18.2-76.2)

§ 18.2-74. When abortion or termination of pregnancy lawful after second trimester of pregnancy.

Notwithstanding any of the provisions of § 18.2-71 and in addition to the provisions of §§ 18.2-72 and 18.2- 73, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and surgery to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman in a stage of pregnancy subsequent to the second trimester provided the following conditions are met:

(a) Said operation is performed in a hospital licensed by the Virginia State Department of Health or operated by the Department of Behavioral Health and Developmental Services.

(b) The physician and two consulting physicians certify and so enter in the hospital record of the woman, that in their medical opinion, based upon their best clinical judgment, the continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman.

© Measures for life support for the product of such abortion or miscarriage must be available and utilized if there is any clearly visible evidence of viability.

History

1975, cc. 14, 15; 2009, cc. 813, 840.

Code of Virginia 1950 Copyright © 2022 Code of Virginia (Annotated) Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved.

End of Document

about:blank about:blank about:blank about:blank about:blank about:blank Va. Code Ann. § 18.2-74

Current through Chapter 2 of the 2022 Special Session |

Code of Virginia 1950 > Title 18.2. Crimes and Offenses Generally. (Chs. 1— 13) > Chapter 4. Crimes Against the Person. (Arts. 1— 9) > Article 9. Abortion. (§§ 18.2-71 — 18.2-76.2)

§ 18.2-74. When abortion or termination of pregnancy lawful after second trimester of pregnancy.

Notwithstanding any of the provisions of § 18.2-71 and in addition to the provisions of §§ 18.2-72 and 18.2- 73, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and surgery to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human’ pregnancy by performing an abortion or causing a miscarriage on any woman in a stage of pregnancy subsequent to the second trimester provided the following conditions are met:

(a) Said operation is performed in a hospital licensed by the Virginia State Department of Health or operated by the Department of Behavioral Health and Developmental Services.

(b) The physician and two consulting physicians certify and so enter in the hospital record of the woman, that in their medical opinion, based upon their best clinical judgment, the continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman.

© Measures for life support for the product of such abortion or miscarriage must be available and utilized if there is any clearly visible evidence of viability.

History

1975, cc. 14, 15; 2009, cc. 813, 840.

Code of Virginia 1950 Copyright © 2022 Code of Virginia (Annotated) Matthew Bender & Company, Inc.

‘a member ofthe LexisNexis Group. Al rights reserved.

End of Document

Va. Code Ann. § 18.2-75 Current through Chapter 2 of the 2022 Special Session I

Code of Virginia 1950 > Title 18.2. Crimes and Offenses Generally. (Chs. 1 — 13) > Chapter 4. Crimes Against the Person. (Arts. 1 — 9) > Article 9. Abortion. (§§ 18.2-71 — 18.2-76.2)

§ 18.2-75. Conscience clause.

Nothing in §§ 18.2-72, 18.2-73 or § 18.2-74 shall require a hospital or other medical facility or physician to admit any patient under the provisions hereof for the purpose of performing an abortion. In addition, any person who shall state in writing an objection to any abortion or all abortions on personal, ethical, moral or religious grounds shall not be required to participate in procedures which will result in such abortion, and the refusal of such person, hospital or other medical facility to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against such person, nor shall any such person be denied employment because of such objection or refusal. The written objection shall remain in effect until such person shall revoke it in writing or terminate his association with the facility with which it is filed.

History

Code 1950, § 18.1-63.1; 1974, c. 679; 1975, cc. 14, 15.

Code of Virginia 1950 Copyright © 2022 Code of Virginia (Annotated) Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved.

End of Document

about:blank about:blank about:blank Va. Code Ann. § 18.2-75

Current through Chapter 2 of the 2022 Special Session |

Code of Virginia 1950 > Title 18.2. Crimes and Offenses Generally. (Chs. 1 — 13) > Chapter 4. Crimes Against the Person. (Arts. 1— 9) > Article 9. Abortion. (§§ 18.2-71 — 18.2-76.2)

§ 18.2-75. Conscience clause.

Nothing in §§ 18.2-72, 18.2-73 or § 18.2-74 shall require a hospital or other medical facility or physician to admit any patient under the provisions hereof for the purpose of performing an abortion. In addition, any person who shall state in writing an objection to any abortion or all abortions on personal, ethical, moral or religious grounds shall not be required to participate in procedures which will result in such abortion, and the refusal of such person, hospital or other medical facility to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against such person, nor shall any such person be denied employment because of such objection or refusal. The written objection shall remain in effect until such person shall revoke it in writing or terminate his association with the facility with which itis fled

History

Code 1950, § 18.1-63.1; 1974, c. 679; 1975, ec. 14, 15.

Code of Virginia 1950 Copyright © 2022 Code of Virginia (Annotated) Matthew Bender & Company, Inc.

‘a member ofthe LexisNexis Group. All rights reserved.

End of Document

Va. Code Ann. § 18.2-76 Current through Chapter 2 of the 2022 Special Session I

Code of Virginia 1950 > Title 18.2. Crimes and Offenses Generally. (Chs. 1 — 13) > Chapter 4. Crimes Against the Person. (Arts. 1 — 9) > Article 9. Abortion. (§§ 18.2-71 — 18.2-76.2)

§ 18.2-76. Informed written consent required.

Before performing any abortion or inducing any miscarriage or terminating a pregnancy as provided in § 18.2-72, 18.2-73, or 18.2-74, the physician or, if such abortion, induction, or termination is to be performed pursuant to § 18.2-72, either the physician or the nurse practitioner authorized pursuant to clause (ii) of § 18.2-72 to perform such abortion, induction, or termination shall obtain the informed written consent of the pregnant woman. However, if the woman has been adjudicated incapacitated by any court of competent jurisdiction or if the physician or, if the abortion, induction, or termination is to be performed pursuant to § 18.2-72, either the physician or the nurse practitioner authorized pursuant to clause (ii) of § 18.2-72 to perform such abortion, induction, or termination knows or has good reason to believe that such woman is incapacitated as adjudicated by a court of competent jurisdiction, then only after permission is given in writing by a parent, guardian, committee, or other person standing in loco parentis to the woman, may the physician or, if the abortion, induction, or termination is to be performed pursuant to § 18.2-72, either the physician or the nurse practitioner authorized pursuant to clause (ii) of § 18.2-72 to perform such abortion, induction, or termination perform the abortion or otherwise terminate the pregnancy.

History

Code 1950, § 18.1-62.1; 1970, c. 508; 1972, c. 823; 1975, cc. 14, 15; 1979, c. 250; 1997, c. 801; 2001, cc. 473, 477; 2003, c. 784; 2012, c. 131; 2020, cc. 898, 899.

Code of Virginia 1950 Copyright © 2022 Code of Virginia (Annotated) Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved.

End of Document

about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank Va. Code Ann. § 18.2-76

Current through Chapter 2 of the 2022 Special Session |

Code of Virginia 1950 > Title 18.2. Crimes and Offenses Generally. (Chs. 1 — 13) > Chapter 4. Crimes Against the Person. (Arts. 1— 9) > Article 9. Abortion. (§§ 18.2-71 — 18.2-76.2)

§ 18.2-76. Informed written consent required.

Before performing any abortion or inducing any miscarriage or terminating a pregnancy as provided in

§ 18.2-72, 18.2-73, ot 18.2-74, the physician or, if such abortion, induction, or termination is to be performed pursuant to § 18.2-72, either the physician or the nurse practitioner authorized pursuant to clause (ii) of § 18.2-72 to perform such abortion, induction, or termination shall obtain the informed written consent of the pregnant woman. However, if the woman has been adjudicated incapacitated by any court of competent jurisdiction or if the physician or, if the abortion, induction, or termination is to be performed pursuant to § 18.2-72, either the physician or the nurse practitioner authorized pursuant to clause (ii) of

§ 18.2-72 to perform such abortion, induction, or termination knows or has good reason to believe that such woman is incapacitated as adjudicated by a court of competent jurisdiction, then only after permission is given in writing by a parent, guardian, committee, or other person standing in loco parentis to the woman, may the physician or, if the abortion, induction, or termination is to be performed pursuant to § 18.2-72, either the physician or the nurse practitioner authorized pursuant to clause (ii) of § 18.2-72 to perform such abortion, induction, or termination perform the abortion or otherwise terminate the pregnancy.

History

Code 1950, § 18.1-62.1; 1970, ¢. 508; 1972, c. 823; 1975, cc. 14, 15; 1979, c. 250; 1997, c. 801; 2001, cc. 473, 477; 2003, c. 784; 2012, c. 131; 2020, cc. 898, 899.

Code of Virginia 1950 Copyright © 2022 Code of Virginia (Annotated) Matthew Bender & Company, Inc.

‘a member ofthe LexisNexis Group. Al rights reserved.

End of Document

Va. Code Ann. § 18.2-76.1 Current through Chapter 2 of the 2022 Special Session I

Code of Virginia 1950 > Title 18.2. Crimes and Offenses Generally. (Chs. 1 — 13) > Chapter 4. Crimes Against the Person. (Arts. 1 — 9) > Article 9. Abortion. (§§ 18.2-71 — 18.2-76.2)

§ 18.2-76.1. Encouraging or promoting abortion.

If any person, by publication, lecture, advertisement, or by the sale or circulation of any publication, or through the use of a referral agency for profit, or in any other manner, encourage or promote the performing of an abortion or the inducing of a miscarriage in this Commonwealth which is prohibited under this article, he shall be guilty of a Class 3 misdemeanor.

History

Code 1950, § 18.1-63; 1960, c. 358; 1972, c. 725; 1975, cc. 14, 15.

Code of Virginia 1950 Copyright © 2022 Code of Virginia (Annotated) Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved.

End of Document

about:blank Va. Code Ann. § 18.2-76.1

Current through Chapter 2 of the 2022 Special Session |

Code of Virginia 1950 > Title 18.2. Crimes and Offenses Generally. (Chs. 1 — 13) > Chapter 4. Crimes Against the Person. (Arts. 1— 9) > Article 9. Abortion. (§§ 18.2-71 — 18.2-76.2)

§ 18.2-76.1. Encouraging or promoting abortion.

if any person, by publication, lecture, advertisement, or by the sale or circulation of any publication, or through the use of a referral agency for profit, or in any other manner, encourage or promote the performing of an abortion or the inducing of a miscarriage in this Commonwealth which is prohibited under this article, he shall be guilty of a Class 3 misdemeanor.

History

Code 1950, § 18.1-63; 1960, c. 358; 1972, c. 725; 1975, cc. 14, 15.

Code of Virginia 1950 Copyright © 2022 Code of Virginia (Annotated) Matthew Bender & Company, Inc.

‘a member ofthe LexisNexis Group. All rights reserved.

End of Document

Russell County Board of Supervisors

INSURANCE RETIREMENT PROGRAM

The Russell County Board of Supervisors agrees to participate in the following

hospitalization benefits for retirees:

Eligibility:

  1. Employees who are members of the Virginia Retirement System and are

eligible to retire.

  1. The employee must be at least age 50,but must not have reached the age of

Medicare Insurance eligibility.

  1. The employee must have fifteen (15) years of service with the Russell County

Board of Supervisors including the ten (10) years immediately preceding

retirement.

  1. An Insurance Retirement Program application must be received by the

County Administrator within 90 days of an effective retirement date.

Employees approved by the Virginia Retirement System to receive disability

benefits at any time during the calendar year will be eligible for application to

this program with an effective date to coincide with their retirement thru the

Virginia Retirement System.

  1. Elected Constitutional Officers and any employees whose salary is solely paid

by grant funding are not eligible to participate in this program.

  1. Elected Constitutional Officers are required to adopt, implement, and maintain

the most current version of the sick leave and/or personal leave section(s) of

the Personnel Policy duly adopted by the Russell County Board of

Supervisors. Constitutional Officers are not required to adopt the entire

personnel policy. Constitutional Officers must also require monthly time

sheets to be submitted to them for employees to be eligible for participation in

this program. Failure to abide by either of these requirements at any point will

render any employee ineligible for participation in this program.

Benefits:

The retiree agrees to trade, without pay, a minimum of 25 days of unused

accumulated sick/personal leave balances per calendar year at retirement date or a

total of 175 days over a seven-year period, in exchange to pay a percentage of the

health insurance premium up to seven years or until the retiree reaches the age of

Medicare insurance eligibility, whichever comes first. The retiree will be allowed to

trade unused accumulated sick/personal leave days for the days required as

specified above. The percentage is based on total years of service as listed below:

Tracy Highlight

Tracy Highlight

Tracy Highlight

The Russell County Board of Supervisors agrees to participate in the following hospitalization benefits for retirees

Eligibility:

  1. Employees who are members of the Virginia Retirement System and are eligible to retire.

  2. The employee must be at least age 50,but must not have reached the age of Medicare Insurance eligibility.

  3. The employee must have fifteen (15) years of service with the Russell County Board of Supervisors including the ten (10) years immediately preceding retirement.

  4. An Insurance Retirement Program application must be received by the County Administrator within 90 days of an effective retirement date. Employees approved by the Virginia Retirement System to receive disability benefits at any time during the calendar year will be eligible for application to this program with an effective date to coincide with their retirement thru the Virginia Retirement System.

Benefits:

The retiree agrees to trade, without pay, a minimum of 25 days of unused

accumulated sick/personal leave balances per calendar year at retirement date or a total of 175 days over a seven-year period, in exchange to pay a percentage of the health insurance premium up to seven years or until the retiree reaches the age of Medicare insurance eligibility, whichever comes first. The retiree will be allowed to trade unused accumulated sick/personal leave days for the days required as specified above. The percentage is based on total years of service as listed below:

15 years service… … …60% of insurance paid by the board

16-20 years service… … .65% of insurance paid by the board

21-24 years service… …70% of insurance paid by the board

25-29 years service… …80% of insurance paid by the board

30+ years service… … 85% of insurance paid by the board

The Board will pay the percentage for a single healthcare plan policy for the

retiree. Employee Plus One and Family coverage (retiree, spouse, and siblings or

retiree and siblings) would require the retiree to pay the difference between the cost of a

single plan and the cost of an employee plus one or a family healthcare plan. The

hospitalization insurance must be through the group insurance plan purchased by the

Russell County School Board for the regular employees and will be subject to all the

rules and regulations governing this policy.

In the event the retiree becomes deceased during the contract period before all

days are purchased, the spouse/dependent/estate administrator of the deceased retiree

would receive the unused accumulated balances of sick/personal leave remaining. The

reimbursement will be equal to the rate paid for unused sick/personal leave at the time

of retirement.

Application Procedures

Employees who wish to participate in the Retirement Insurance Program (the

“Program”) should submit an application to the Russell County Administrator within 90

days prior to the anticipated date of retirement.

Revocability

Applicants for the program may withdraw their applications upon request.

Failure to meet the yearly minimum purchase requirement could result in the

revocation of insurance benefits.

Rescinding of Program

This policy is subject to appropriations by the Russell County Board of

Supervisors. Intent to rescind the policy will be published at the regular monthly Board

meetings preceding the Board Meeting at which a vote is to be taken. In the event, the

plan is rescinded, participants already in the plan will continue to receive benefits.

15 years service…60% of insurance paid by the board

16-20 years service…65% of insurance paid by the board

21-24 years service…70% of insurance paid by the board

25-29 years service…80% of insurance paid by the board

30+ years service… .85% of insurance paid by the board

The Board will pay the percentage for a single healthcare plan policy for the retiree. Employee Plus One and Family coverage (retiree, spouse, and siblings or retiree and siblings) would require the retiree to pay the difference between the cost of a single plan and the cost of an employee plus one or a family healthcare plan. The hospitalization insurance must be through the group insurance plan purchased by the Russell County School Board for the regular employees and will be subject to all the rules and regulations governing this policy.

In the event the retiree becomes deceased during the contract period before all days are purchased, the spouse/dependentlestate administrator of the deceased retiree would receive the unused accumulated balances of sick/personal leave remaining. The reimbursement will be equal to the rate paid for unused sick/personal leave at the time of retirement.

Application Procedures

Employees who wish to participate in the Retirement Insurance Program (the “Program”) should submit an application to the Russell County Administrator within 90 days prior to the anticipated date of retirement.

Revocability

Applicants for the program may withdraw their applications upon request. Failure to meet the yearly minimum purchase requirement could result in the revocation of insurance benefits.

Rescinding of Program

This policy is subject to appropriations by the Russell County Board of Supervisors. Intent to rescind the policy will be published at the regular monthly Board meetings preceding the Board Meeting at which a vote is to be taken. In the event, the plan is rescinded, participants already in the plan will continue to receive benefits.

PUBLIC NOTICE

REQUEST FOR QUALIFICATIONS (RFQ)

Landfill Development Feasibility

Technical and Environmental Consulting Services The County of Russell is currently seeking Landfill Feasibility Technical and Environmental Consulting Services with capabilities and experience in landfill development from a qualified and experienced firms/consultants to provide support for the Russell County’s Landfill Feasibility Project. The Board of Supervisors of Russell County, Virginia, hereinafter referred to as “The Board,” hereby issues to qualified firms and individuals, a Request for Qualifications (hereinafter referred to as “RFQ”). The Board proposes to award a contract for landfill technical and environmental consulting services to assist the Board in determining the feasibility of a substantial landfill project.

Statements of Qualification will be evaluated based on the following information:

  1. Experience and qualifications of firms or individuals.
  2. Offeror’s past work experience with feasibility of substantial landfill projects.
  3. Relevant experience in providing similar consulting services.
  4. Capability to meet landfill technical and environmental consulting services

requirements. 5. Experience in landfill technical and environmental consulting services in the following

environmental areas but not limited to:. • Groundwater Monitoring
• Wetlands
• Water Quality • Gas Monitoring • Storm Water
• Environmental Assessments
• Ecological Studies
• Hazardous Waste
• Landfill Federal, State, and County Regulatory Compliance

Firms/consultants meeting the requirements of this RFQ are invited to submit their proposal. Request for Qualifications (RFQ) are available on the County’s Website Bid Postings • Russell County, VA • CivicEngage (russellcountyva.us) or email [email protected] to request the RFQ.

Proposals are due no later than 3:00 p.m., Monday, June 6, 2022. Any proposals received after this deadline will be returned to the offeror unopened. The County reserves the right to reject any and all proposals.

Disadvantaged Business Enterprises (small or minority and/or women owned firms) are encouraged to submit proposals. MBE/WBE firms are encouraged to submit proposals.

The County is an equal opportunity/affirmative action employer and will not discriminate based on race, creed, color, national origin, age, or handicap.

                                                                  BY ORDER OF THE  

RUSSELL COUNTY BOARD OF SUPERVISORS

https://www.russellcountyva.us/Bids.aspx https://www.russellcountyva.us/Bids.aspx mailto:[email protected] Tracy Highlight

PUBLIC NOTICE The County of Russell is currently seeking Landfill Feasibility Technical and Environmental Consulting Services with capabilities and experience in landfill development from a qualified and experienced firms/consultants to provide support for the Russell County’s Landfill Feasibility Project. The Board of Supervisors of Russell County, Virginia, hereinafter referred to as “The Board,” hereby issues to qualified firms and individuals, a Request for Qualifications (hereinafter referred to as “RFQ"). The

Board proposes to award a contract for landfill technical and environmental consulting services to assist the Board in determining the feasibility of a substantial landfill project.

Statements of Qualification will be evaluated based on the following information:

Experience and qualifications of firms or individuals.

Offeror’s past work experience with feasibilty of substantial landfill projects. Relevant experience in providing similar consulting services.

Capability to meet landill technical and environmental consulting services requirements.

Experience in landfill technical and environmental consulting services in the following environmental areas but not limited to:

  • Groundwater Monitoring
  • Wetlands
  • Water Quality

‘* Gas Monitoring

  • Storm Water
  • Environmental Assessments

  • Ecological Studies

  • Hazardous Waste

  • Landfill Federal, State, and County Regulatory Compliance

RONA

a

Firms/consultants meeting the requirements of this RFQ are invited to submit their proposal. Request for Qualifications (RFQ) are available on the County’s Website Bid Postings + Russell County, VA + CivicEngage (russellcountyva.us) or email [email protected] to request the RFQ.

Proposals are due no later than 3:00 p.m., Monday, June 6, 2022. Any proposals received after this deadline will be returned to the offeror unopened. The County reserves the right to reject any and all proposals.

Disadvantaged Business Enterprises (small or minority and/or women owned firms) are ‘encouraged to submit proposals. MBE/WBE firms are encouraged to submit proposals.

The County is an equal opportunity/affirmative action employer and will not discriminate based on race, creed, color, national origin, age, or handicap.

BY ORDER OF THE RUSSELL COUNTY BOARD OF SUPERVISORS

Date

Mr. Lonzo Lester, County Administrator Russell County Board of Supervisors 137 Highland Drive, Suite A P.O. Box 1208 Lebanon, VA 24266

Re: Landfill Feasibility Study

Dear Mr. Lester:

The Contractor will provide a proposal for consulting services for the above referenced project for a fee based on time and expenses, not-to-exceed $_________. The County and a developer and its engineer are considering developing a private landfill i n the Carbo area of Russell County. Russell County will be reviewing and considering documentation provided by the developer and engineer.

Scope of Services

The Contractor will provide the following services associated with the Landfill Feasibility Study:

• Conduct a site visit/tour and meet with Owner/Developer/Engineer. • Perform a technical review of a Part A permit application for a new landfill. • Review/evaluate the following (to be provided by developer)

• Initial Total Project Costs including Phase I landfill liner and fixed infrastructure including road, scales, leachate treatment system, gas handling system, landfill operational equipment, buildings for administration and maintenance, stormwater management system, water and sewer service, electrical service, establishment of longterm borrow area for cover, and related costs such as administration, legal, engineering, interest, contingency.

• Projected future project costs for additional landfill liner expansions and other capital cost projects.

• Operations budget including labor, maintenance/repairs, fuel, leachate disposal, gas management, groundwater/surface water/gas monitoring and testing, annual groundwater report, borrow area operation.

• Funded depreciation schedule (sinking fund for equipment replacement, future capital construction, closure of landfill segments reaching final contour during operation, closure of landfill at end of landfill life, 30-year post closure period)

Mr. Lonzo Lester, County Administrator Russell County Board of Supervisors 137 Highland Drive, Suite A

P.O, Box 1208

Lebanon, VA 24266

Re: Landfill Feasibility Study

Dear Mr. Lester:

The Contractor will provide a proposal for consulting services for the above referenced project for a fee based ontime and expenses, not-to-exceed $ . The County and a developer and its engineer are considering developing a private landfill in the Carbo area of Russell County. Russell County will be reviewing and considering documentation provided by the developer and engineer.

Scope of Services

The Contractor will provide the following services associated with the Landfill Feasibility Study:

  • Conduct a site visit/tour and meet with Owner/Developer/Engineer.
  • Perform a technical review of a Part A permit application for a new landfill.
  • Review/evaluate the following (to be provided bydeveloper)

Initial Total Project Costs including Phase | landfill liner and fixed infrastructure including road, scales, leachate treatment system, gas handling system, landfill operational

equipment, buildings for administration and maintenance, stormwater management system, water and sewer service, electrical service, establishment of longterm borrow area for cover, and related costs such as administration, legal, engineering, interest,

contingency.

Projected future project costs for additional landfill iner expansions and other capital cost projects

Operations budget including labor, maintenance/repairs, fuel, leachate disposal, gas management, groundwater/surface water/gas monitoring and testing, annual

groundwater report, borrow area operation.

Funded depreciation schedule (sinking fund for equipment replacement, future capital construction, closure of landfill segments reaching final contour during operation,

closure of landfill at end of landfill life, 30-year post closure period)

• Project proforma or financial forecast/outlook o f the project once development construction is completed; required revenue; guaranteed waste streams, fee structure, terms, etc.

• Assess hostfee, compared to comparable localities with private landfills. • Assess initial and projected solid waste disposal rates and any costs for out of state

waste.

Project schedule

The Contractor will complete the proposed Landfill Feasibility Study for submittal to the Owner within ninety (90) days of the County and Contractor entering into a written agreement and issuing a notice- to-proceed.

Enclosure: Schedule of Hourly Rates

  • Project proforma or financial forecast/outlook of the project once development construction is completed; required revenue; guaranteed waste streams, fee structure,

terms, etc.

  • Assess hostfee, compared to comparable localities with private landfils. ‘+ Assess initial and projected solid waste disposal rates and any costs or out of state

waste. Project schedule

The Contractor will complete the proposed Landfill Feasibility Study for submittal to the Owner within ninety (90) days of the County and Contractor entering into a written agreement and issuing a notice to-proceed.

Enclosure: Schedule of Hourly Rates

SCHEDULE OF HOURLY RATES

TYPICAL HOURLY RATES INDIVIDUAL CLASSIFICATIONS (Current Rates)
Officer-in-Charge $ _____ Associate $ _____ Senior Project Manager $ _____ Project Manager $ _____ Senior Engineer $ _____ Project Engineer $ _____ Design Engineer $ _____ Senior Technician $ _____ Technician $ _____ Senior Architect $ _____ Project Architect $ _____ Intern Architect $ _____

Senior Surveyor $ _____ Surveyor $ _____ Senior Survey Technician $ _____

Survey Technician $ _____

3-Person Survey Party $ _____ 2-Person Survey Party $ _____ Senior Construction Contract Administrator $ _____ Construction Contract Administrator $ _____ Senior Construction Representative $ _____ Construction Representative $ _____

Specifications and Technical Composer $ ____ Administrative Assistant $ _____ Clerical $ _____

‘SCHEDULE OF HOURLY RATES

TYPICAL HOURLY RATES INDIVIDUAL CLASSIFICATIONS: (Current Rates) Officer-in-Charge

Associate

Senior Project Manager Project Manager

Senior Engineer

Project Engineer

Design Engineer

Senior Technician

Technician

Senior Architect

Project Architect

Intern Architect

Senior Surveyor

Surveyor

Senior Survey Technician

Survey Technician

3-Person Survey Party

2-Person Survey Party

Senior Construction Contract Administrator Construction Contract Administrator Senior Construction Representative Construction Representative Specifications and Technical Composer Administrative Assistant

Clerical

THOMPSON & LITTON See

ENGINEERS ARCHITECTS SURVEYORS

August 2, 2022

Mr. Lonzo Lester, County Administrator Russell County Board of Supervisors 137 Highland Drive

PO Box 1208

Lebanon, VA 24266

Re: Landfill Feasibility Study ‘T&L Project No. 716831

Dear Mr. Lester:

Thompson & Litton, Inc. (Thompson & Litton) is pleased to provide this proposal for consulting services for the above referenced project for a fee based on time and expenses, not-to-exceed $35,000.00. Thompson & Litton understands thata developer andits engineer are developing private landfil in the Carbo area of Russell County. Russell County will be reviewing and considering documentation provided by the developer and engineer.

Scope of Services

‘Thompson & Litton will provide the following services associated with the Landfill Feasibility Study:

Conducta site visit/tour and meet with Owner/Developer/Engineer. Performa technical review of a Part A permit application for a new landfill. Review/evaluate the following (to be provided by developer)

Initial Total Project Costs including Phase landfill iner and fixed infrastructure including road, scales, leachate treatment system, gas handling system, landfill operational equipment, buildings for administration and maintenance, stormwater management system, water and sewer service, electrical service, establishment of longterm borrow area for cover, and related costs such as administration, legal, engineering, interest, contingency. Projected future project costs for additional landfill liner expansions and other capital cost projects.

Operations budget including labor, maintenance/repairs, fuel, leachate disposal, gas ‘management, groundwater/surface water/gas monitoring and testing, annual groundwater report, borrow area operation.

Funded depreciation schedule (sinking fund for equipmentreplacement, future capital construction, closure of landfill segments reaching final contour during operation, closure of landfill at end of landfil ife, 30-year postclosure period)

TEL 103 East MainStreet. P.O, Box1307 Wise, Virginia 24293 tel: 276.328.2161 fax:276.328.1738 wonw.T-Lcom

Mr. LonzoLester Lanafil Feasibility Study ‘August 2, 2022

Page2

  • Project proforma or financial forecast/outlook of the project once development construction is completed; required revenue; guaranteed waste streams, fee structure, terms, etc.

  • Assesshost fee, compared to comparable localities with private landfills.

  • Assess initial and projected solid waste disposal rates and any costs for out of state waste.

Project schedule Thompson & Litton will complete the proposed Landfill Feasibility Study for submittal to the Owner within ninety (90) days of the Owner entering into a written agreement and issuing a notice-to-proceed. Once this proposalis accepted, Thompson & Litton can prepare an agreement for Russell County’s consideration

and approval.

Thank you for allowing us to propose on this project. We look forward to working with you on this and future projects.

Should you have any questions, please feel free to give us a call. Sincerely, Res {beater

Rita H. Baker, Project Manager

Enclosure: Schedule of Hourly Rates

TAL worw.T.com

EFFECTIVE: Through June 30, 2023

THOMPSON & LITTON SCHEDULE OF HOURLY RATES

      TYPICAL HOURLY RATES 

INDIVIDUAL CLASSIFICATIONS (Current Rates)
Officer-in-Charge $ 275.00 Associate $ 210.00 Senior Project Manager $ 190.00 Project Manager $ 150.00 Senior Engineer $ 180.00 Project Engineer $ 143.00 Design Engineer $ 108.00 Senior Technician $ 100.00 Technician $ 70.00 Senior Architect $ 176.00 Project Architect $ 125.00 Intern Architect $ 88.00 Senior Surveyor $ 165.00 Surveyor $ 100.00 Senior Survey Technician $ 74.00 Survey Technician $ 65.00 3-Person Survey Party $ 215.00 2-Person Survey Party $ 150.00 Senior Construction Contract Administrator $ 155.00 Construction Contract Administrator $ 105.00 Senior Construction Representative $ 103.00 Construction Representative $ 75.00 Specifications and Technical Composer $ 75.00 Administrative Assistant $ 85.00 Clerical $ 58.00
REIMBURSABLE EXPENSES Consultants and subcontractors will be billed at Direct Cost times 1.20. Transportation and out-of-town subsistence will be billed at Direct Cost times 1.15.

Mileage for use of personal or company vehicles – Effective IRS mileage rate.

Long distance telephone calls, facsimiles, printing or items not customarily provided by the Consultant shall be charged at Direct Cost times 1.15.

REPRODUCTION: A) 8 1/2 x 11 page, per copy (black/white) … $0.20

B) 8 1/2 x 11 page, per copy (color) … $0.60 C) 11 x 17 page, per copy (black/white) … $0.50 D) 11 x 17 page, per copy (color) … $0.85

                     E) Large Drawings, per square foot ................................................... $0.65 

F) Large Drawings, per square foot (color) … $1.25

FINANCIAL: Invoices are payable within thirty days. Interest is, therefore, charged in the event of non-payment within sixty days. An interest rate 1% per month will be charged and applied to the unpaid balance monthly.

EFFECTIVE: Through June 30, 2023

THOMPSON & LITTON SCHEDULE OF HOURLY RATES TYPICAL HOURLY RATES

INDIVIDUAL CLASSIFICATIONS (Current Rates) Officer-in-Charge $ 275.00 Associate $ 210.00 Senior Project Manager $ 190.00 Project Manager $ 150.00 Senior Engineer $ 180.00 Project Engineer $ 143.00 Design Engineer $ 108.00 Senior Technician $ 100.00 Technician $ 70.00 Senior Architect $ 176.00 Project Architect $ 125.00 Intern Architect, $ 88,00 Senior Surveyor $ 165.00 Surveyor $ 100.00 Senior Survey Technician $ 74.00 Survey Technician $ 65.00 3-Person Survey Party $ 215.00 2-Person Survey Party $ 150.00 Senior Construction Contract Administrator $ 155.00 Construction Contract Administrator $ 105.00 Senior Construction Representative $ 103.00 Construction Representative $ 75.00 Specifications and Technical Composer $ 75.00 Administrative Assistant $ 85.00 Clerical $58.00

REIMBURSABLE EXPENSES Consultants and subcontractors will be billed at Direct Cost times 1.20. Transportation and out-of-town subsistence will be billed at Direct Cost times 1.15.

Mileage for use of personal or company vehicles — Effective IRS mileage rate.

Long distance telephone calls, facsimiles, printing or items not customarily provided by the Consultant shall be charged at Direct Cost times 1.15.

REPRODUCTION: ‘A) 8 1/2 x 11 page, per copy (black/white) B) 8 1/2 x 11 page, per copy (color). C) 11x 17 page, per copy (black/white) . D) 11x 17 page, per copy (color). E) Large Drawings, per square foot F) Large Drawings, per square foot (color)

FINANCIAL: Invoices are payable within thirty days. Interest is, therefore, charged in the event of non-payment within sixty days. An interest rate 1% per month will be charged and applied to the unpaid balance monthly.

POTESTA & ASSOCIATES, INC. Charleston, West Virginia • Morgantown, West Virginia • Winchester, Virginia

Engineers and Environmental Consultants 15 South Braddock Street, Winchester, VA 22601 • (540) 450-0180 • www.potesta.com

VIA EMAIL ONLY

August 19, 2022

Mr. Lonzo Lester County Administrator Russell County Board of Supervisors 137 Highland Drive, Suite A PO Box 1208 Lebanon, Virginia 24266

RE: Proposal for Consulting Services Landfill Feasibility Information Review Carbo Area of Russell County, Virginia Potesta Project No. 0103-22-0164

Dear Mr. Lester:

Potesta & Associates, Inc. (POTESTA) appreciates the opportunity to submit this proposal to review information provided by the developer/engineer of a solid waste disposal facility on a parcel of property in the Carbo area of Russell County. We understand that a private developer has informed the Russell County Board of Supervisors (County) that they are considering developing a private landfill in the Carbo area. The County is considering engaging POTESTA to evaluate the information, data and documentation provided by the developer and their engineer to help the County in determining the feasibility and advisability of a landfill on the property.

SCOPE OF SERVICES

POTESTA will perform the following services in our review.

Task 1 – Reconnaissance of the Site

We will meet with the owner/developer/engineer and perform a reconnaissance of the site. Our goal for the site visit is to understand the various facilities to be constructed, their approximate locations, the various phases of the development of the site, etc.

Task 2 – Technical Review of Solid Waste Disposal Facility

POTESTA will perform a technical review of the Solid Waste Disposal Facility Part A Application Form, DEQ Form SW PTA, prepared by the developer/engineer. We will issue a letter report summarizing our evaluation of the Part A application.

Engineers and Environmental Consultants 15 South Braddock Street, Winchester, VA 22601 + (540) 450-0180 + www.potesta.com

VIA EMAIL ONLY

August 19, 2022

Mr. Lonzo Lester

County Administrator

Russell County Board of Supervisors 137 Highland Drive, Suite A

PO Box 1208

Lebanon, Virginia 24266

RE: Proposal for Consulting Services Landfill Feasibility Information Review Carbo Area of Russell County, Virginia Potesta Project No. 0103-22-0164

Dear Mr. Lester:

Potesta & Associates, Inc. (POTESTA) appreciates the opportunity to submit this proposal to review information provided by the developer/engineer of a solid waste disposal facility on a parcel of property in the Carbo area of Russell County. We understand that a private developer has informed the Russell County Board of Supervisors (County) that they are considering developing a private landfill in the Carbo area. The County is considering engaging POTESTA to evaluate the information, data and documentation provided by the developer and their engineer to help the County in determining the feasibility and advisability of a landfill on the property.

SCOPE OF SERVICES

POTESTA will perform the following services in our review.

Task 1 — Reconnaissance of the Site

We will meet with the owner/developer/engineer and perform a reconnaissance of the site. Our goal for the site visit is to understand the various facilities to be constructed, their approximate locations, the various phases of the development of the site, etc.

Task 2 — Technical Review of Solid Waste Disposal Facility

POTESTA will perform a technical review of the Solid Waste Disposal Facility Part A Application

Form, DEQ Form SW PTA, prepared by the developer/engineer. We will issue a letter report summarizing our evaluation of the Part A application,

POTESTA & ASSOCIATES, INC. Charleston, West Virginia + Morgantown, West Virginia + Winchester, Virginia

Mr. Lonzo Lester

August 19, 2022

Page 2

Task 3 – Evaluation of Detailed Design Documents

Assuming that no critical flows are identified during Tasks 1 and 2, we will evaluate more detailed information prepared by the developer and their engineer as it becomes available.
Documents/information anticipated to be reviewed include:

▪ Initial total project costs including Phase I landfill liner and fixed infrastructure including road, scales, leachate treatment system, gas handling system, landfill operation equipment, buildings for administration and maintenance, stormwater management system, water and sewer service, electrical service, establishment of long-term borrow area for cover, and related costs such as administration, legal, engineering, interest, and contingency.

▪ Projected future project costs for additional landfill liner expansions and other capital cost projects.

▪ Operations budget including labor, maintenance/repairs, fuel, leachate disposal, gas management, groundwater/surface water/gas monitoring and testing, annual groundwater report, and borrow area operation.

▪ Funded depreciation schedule (sinking fund for equipment replacement, future capital construction, closure of landfill segments reaching final contour during operation, closure of landfill at end of landfill life, 30-year post-closure period).

▪ Project proforma or financial forecast/outlook of the project once development construction is completed; required revenue; guaranteed waste streams, fee structure, terms, etc.

▪ Assess host fee, compared to comparable localities with private landfills. ▪ Assess initial and projected solid waste disposal rates and any costs for out of state

waste. ▪ Advise essential elements of Host Agreement should the County decide to proceed

with development.

It is noted that the developer and their engineer are preparing and submitting these documents for POTESTA’s review on behalf of the County. POTESTA will provide a letter report(s) summarizing the results of our evaluation(s). POTESTA will also inform the County if there are other documents that we believe should be provided by the developer/engineer for review on the County’s behalf (the time and cost for review of these such other documents is not included in our schedule and cost below).

SCHEDULE AND COST

POTESTA will complete Tasks 1 and 2 within 45 days of receipt of the completed Part A application. We will complete our evaluation of the items to be provided in Task 3 within 30-45 days of the submittal date of each individual item by the developer/engineer.

POTESTA will perform the services described in Tasks 1 through 3 above (excluding such other documents described above in Task 3 that we may recommend be submitted to the County) on an hourly rate basis for an estimated not-to-exceed cost of $45,000. Our services are rendered in

Mr. Lonzo Lester August 19, 2022 Page 2

Task 3 — Evaluation of Detailed Design Documents

Assuming that no critical flows are identified during Tasks 1 and 2, we will evaluate more detailed information prepared by the developer and their engineer as it becomes available. Documents/information anticipated to be reviewed include:

= Initial total project costs including Phase I landfill liner and fixed infrastructure including road, scales, leachate treatment system, gas handling system, landfill operation equipment, buildings for administration and maintenance, stormwater management system, water and sewer service, electrical service, establishment of long-term borrow area for cover, and related costs such as administration, legal, engineering, interest, and contingency.

= Projected future project costs for additional landfill liner expansions and other capital cost projects. = Operations budget including labor, maintenance/repairs, fuel, leachate disposal, gas,

management, groundwater/surface water/gas monitoring and testing, annual groundwater report, and borrow area operation.

. Funded depreciation schedule (sinking fund for equipment replacement, future capital construction, closure of landfill segments reaching final contour during operation, closure of landfill at end of landfill life, 30-year post-closure period).

. Project proforma or financial forecast/outlook of the project once development construction is completed; required revenue; guaranteed waste streams, fee structure, terms, etc

= Assess host fee, compared to comparable localities with private landfills.

= Assess initial and projected solid waste disposal rates and any costs for out of state waste

= Advise essential elements of Host Agreement should the County decide to proceed

with development.

It is noted that the developer and their engineer are preparing and submitting these documents for POTESTA’s review on behalf of the County. POTESTA will provide a letter report(s) summarizing the results of our evaluation(s). POTESTA will also inform the County if there are other documents that we believe should be provided by the developer/engineer for review on the County’s behalf (the time and cost for review of these such other documents is not included in our schedule and cost

below). SCHEDULE AND COST

POTESTA will complete Tasks 1 and 2 within 45 days of receipt of the completed Part A application. We will complete our evaluation of the items to be provided in Task 3 within 30-45 days of the submittal date of each individual item by the developer/engineer.

POTESTA will perform the services described in Tasks | through 3 above (excluding such other

documents described above in Task 3 that we may recommend be submitted to the County) on an hourly rate basis for an estimated not-to-exceed cost of $45,000. Our services are rendered in

APOTESTA

Mr. Lonzo Lester

August 19, 2022

Page 3

accordance with our standard terms and conditions which are considered a part of this proposal. Our standard hourly rate sheet is attached as well.

The estimated costs presented in this proposal for the associated scope of services are based upon the use of POTESTA’s standard billing invoice format (example attached). There is no cost for this invoice format. Staff efforts to generate other invoice formats will be charged to the project budget at the billing rate of the individuals preparing such specialized invoices. The cost of such specialized invoices is in addition to the estimated project costs provided in this proposal and, therefore, constitutes a change in the scope of services presented herein. Please complete the invoice routing information below to include the name and address to whom the invoice should be sent and any individuals that should receive copies.

If there are other services that the County sees as important that we have not addressed here, just let me know and we well make any necessary adjustments to the proposal.

If this proposal is acceptable, please signed in the space provided below to serve as our approval to proceed with the project.

CLOSING

We look forward to the opportunity to serve you on this exciting project.

Sincerely,

POTESTA & ASSOCIATES, INC.

David Paylor Vice President

DP/clr Enclosures

AUTHORIZATION (Signature Required to Proceed)

Signature Date

POTESTA Invoice Routing Information (Client to Complete)

Name: Title:

Mailing Address:

Telephone: Email:

Copies to:

 Check here if invoice addressee/address is same as proposal. Project No. 0103-22-0164

Mr. Lonzo Lester August 19, 2022 Page 3

accordance with our standard terms and conditions which are considered a part of this proposal. Our standard hourly rate sheet is attached as well

The estimated costs presented in this proposal for the associated scope of services are based upon the use of POTESTA’s standard billing invoice format (example attached). There is no cost for this invoice format. Staff efforts to generate other invoice formats will be charged to the project budget at the billing rate of the individuals preparing such specialized invoices. The cost of such specialized invoices is in addition to the estimated project costs provided in this proposal and, therefore, constitutes a change in the scope of services presented herein. Please complete the invoice routing information below to include the name and address to whom the invoice should be sent and any individuals that should receive copies.

If there are other services that the County sees as important that we have not addressed here, just let me know and we well make any necessary adjustments to the proposal.

If this proposal is acceptable, please signed in the space provided below to serve as our approval to proceed with the project.

CLOSING

We look forward to the opportunity to serve you on this exciting project. Sincerely,

POTESTA & ASSOCIATES S, INC,

1.) cud Vr e

David Paylor Vice President

DPielr Enclosures AUTHORIZATION (Signature Required to Proceed) Signature Date POTESTA Invoice Routing Information (Client to Complete)

Name: Title:

Mailing Address:

Telephone Email:

Copies to:

(Check here if invoice addressee/address is same as proposal.

Project No, O103-22-0164

APOTESTA

INVOICE

POTE STA POTESTA & ASSOCIATES, INC. - Engineers and Environmental Consultants A 7012 MacCorkle Avenuo, 8. E, Charlesion, West Virginia 25304 - (304) 342-1400, FEIN 31-1509066

XYZ Invoice number 39278 123 MAIN STREET Date 5/15/2012

ANY TOWN, USA 22222-1114 R

Project: 0102-11-0523 Client ID: AAAA~1

XYZ - SITE TANK

AFE# 2012-0118F & PROJECT DESCRIPTION: Preparation of landslide stabilization desig bid documents, conducting Pre-Bid meeting, etc.

Invoice for services rendered April 8, 2012 thru May 5, 2012

Labor Employee Type q Hours Rate Amount Principal 3.75 195.00 731.25 Three-Man Survey Crew 32.00 160.00 4,800.00 Senior Engineer 4.00 138.00 195.00

3200 130.00 4,180.00 Staff Scientist ©) 275 90.00 247.50 Professional Surveyor Q 18.00 85.00 1,530.00 Senior Cadd Designer 3.00 85.00 255.00 Engineer 164.00 75.00 12,300.00 Clerical Support 2.50 70.00 175.00 Scientist 150 45.00 67.50 Labor subtotal 260.50 24,401.25

Reimbu Units Unit of Measure Rate Amount Lodgi 14,00 night 20.00 1,260.00 Per Diem Per Night 14.00 Night 35.00 490.00 Reimbursable subtotal 1,750.00 Page 1 of 2

Charleston, West Virginia + Morgantown, West Virginia + Winchester, Virginia Please pay from this invoice. Interest charged at 1.5% per month on past due invoices.

INVOICE

: POTE STA POTESTA & ASSOCIATES, INC. - Engineers and Environmental Consultants 7012 MacGorkle Avenue, S. E, Charleston, West Virginia 25904 - (304) 342-1400; FEIN 31-1500066

XYZ Invoice number 39278 123 MAIN STREET Date 5/16/2012

ANY TOWN, USA 22222-1111 Ry

Project: 0102-11-0523 Client ID: AAAA-1 XYZ - SITE TANK Subconsultant & Activity / Vendor \ Date Amount Other Services ‘ABC Subcontracting 12-232 4/16/2012 5,848.46 augering, rock coring ——____ Other Services subtotal 5,545.46 Subconsultant owt, 5,645.46 Other Activity ) Units Unit of Measure Rate Amount Vehicles -Truck/Van/SUV w war 20.75 Day 175.00 3,631.25 008436 Other subtotal 3,631.25 Equipment Activity. Units UnitofMeasure Rate Amount Nucl lay 6.00 Day 50.00 300.00 Equipment subtotal Invoice total (35,627.96 Page 2 of 2

Charleston, West Virginia + Morgantown, West Virginia + Winchester, Virginia Please pay from this invoice. Interest charged at 1.5% per month on past due invoices.

POTESTA & ASSOCIATES, INC. Charleston, West Virginia • Morgantown, West Virginia • Winchester, Virginia

Engineers and Environmental Consultants 7012 MacCorkle Avenue, SE, Charleston, WV 25304 • (304) 342-1400 • www.potesta.com

STANDARD TERMS AND CONDITIONS

  1. Potesta & Associates, Inc., hereinafter referred to as POTESTA, is an Equal Opportunity

Employer and is in compliance with the Drug-Free Workplace Act of 1988 and

governmental requirements relating to Right-To-Know regulations. The engineering and

consulting services of POTESTA will be performed on an hourly basis for all time rendered

to the project, unless the project is quoted for a lump sum, including project scoping by

professional, technical, and clerical personnel in accordance with the attached hourly rate

schedule. All invoice charges are based on and are payable in U.S. dollars.

  1. Services performed by POTESTA under this Agreement will be conducted in a manner

consistent with that level of care and skill ordinarily exercised by members of the

profession currently practicing in the same locality under similar conditions. No other

representation, express or implied, and no warranty or guarantee is included or intended in

this Agreement, or in any report, opinion, document or otherwise.

  1. Unless stated otherwise, any cost estimate presented in the attached proposal is for

budgetary purposes only and is not a fixed lump-sum price. The actual cost of POTESTA’s

engineering and consulting services and all expenses may be less than that estimated;

accordingly, only the cost incurred will be invoiced. If at any time during the progress of

the work it appears that the estimated cost will be exceeded, Client will be informed

immediately. However, unless written notification is received to stop work, POTESTA

will continue working on the project to completion and will invoice Client for all

engineering and consulting services and expenses incurred.

  1. These terms are subject to and incorporate the provisions of POTESTA’s attached

proposal. In the event of any conflict, the terms of the accompanying proposal shall govern.

  1. Invoices will be submitted periodically as required (but not more frequently than every two

(2) weeks) unless charges for such periods are minimal, in which event an invoice will be

submitted when total charges exceed $500.00, or when the work is completed, whichever

occurs first. Invoices are due and payable within 30 days from the date of invoice. All

delinquent charges are subject to a service charge of 12 percent per month or a fraction

thereof. Should Client fail to pay any invoice within 45 days of its date, POTESTA may,

upon 3 days’ written notice to Client, stop work and recover from Client payment for all

work executed. Clients requiring specific invoice formats or accounting backup (copies

of timesheets, copies of receipts or invoice support data, etc.) will be invoiced for those

associated costs; these costs are not included in our proposal and will be invoiced in

addition to the approved proposal costs.

  1. Client agrees to limit POTESTA’s liability to Client and to all construction contractors and

subcontractors on the project due to POTESTA’s professional negligent acts, errors, or

Engineers and Environmental Consultants 7012 MacCorkle Avenue, SE, Charleston, WV 25304 + (304) 342-1400 + www.potesta.com STANDARD TERMS AND CONDITIONS

  1. Potesta & Associates, Inc., hereinafter referred to as POTESTA, is an Equal Opportunity Employer and is in compliance with the Drug-Free Workplace Act of 1988 and governmental requirements relating to Right-To-Know regulations. The engineering and consulting services of POTESTA will be performed on an hourly basis for all time rendered to the project, unless the project is quoted for a lump sum, including project scoping by professional, technical, and clerical personnel in accordance with the attached hourly rate schedule. All invoice charges are based on and are payable in U.S. dollars.

  2. Services performed by POTESTA under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise.

  3. Unless stated otherwise, any cost estimate presented in the attached proposal is for budgetary purposes only and is not a fixed lump-sum price. The actual cost of POTESTA’s engineering and consulting services and all expenses may be less than that estimated; accordingly, only the cost incurred will be invoiced. If at any time during the progress of the work it appears that the estimated cost will be exceeded, Client will be informed immediately. However, unless written notification is received to stop work, POTESTA will continue working on the project to completion and will invoice Client for all engineering and consulting services and expenses incurred.

  4. These terms are subject to and incorporate the provisions of POTESTA’s attached proposal. In the event of any conflict, the terms of the accompanying proposal shall govern.

  5. Invoices will be submitted periodically as required (but not more frequently than every two (2) weeks) unless charges for such periods are minimal, in which event an invoice will be submitted when total charges exceed $500.00, or when the work is completed, whichever occurs first. Invoices are due and payable within 30 days from the date of invoice. All delinquent charges are subject to a service charge of 1% percent per month or a fraction thereof. Should Client fail to pay any invoice within 45 days of its date, POTESTA may, upon 3 days’ written notice to Client, stop work and recover from Client payment for all work executed. Clients requiring specific invoice formats or accounting backup (copies of timesheets, copies of receipts or invoice support data, etc.) will be invoiced for those associated costs; these costs are not included in our proposal and will be invoiced in addition to the approved proposal costs.

ient agrees to limit POTESTA’s liability to Client and to all construction contractors and subcontractors on the project due to POTESTA’s professional negligent acts, errors, or

POTESTA & ASSOCIATES, INC. Charleston, West Virginia + Morgantown, West Virginia + Winchester, Virginia

Potesta & Associates, Inc. Standard Terms and Conditions

Page 2

Revised 12/23/2021

omissions, such that the total aggregate liability of POTESTA to all those named shall

not exceed $50,000 or POTESTA’s total fee for all expenses and services rendered on this

project, whichever is greater.

  1. POTESTA shall indemnify and hold harmless the Client, its officers, directors,

shareholders and employees (collectively, “Client Indemnities”), from and against those

liabilities, losses, damages, and costs (including reasonable attorney’s fees where

recoverable by law) that Client is legally obligated to pay as a result of third party claims,

to the extent caused by the intentional or negligent act, error, or omission of POTESTA or

anyone for whom POTESTA is legally responsible, subject to any limitations of liability

contained in this Agreement.

Client shall indemnify and hold harmless POTESTA, its officers, directors, shareholders

and employees (collectively, “Client Indemnities”), from and against those liabilities,

losses, damages, and costs (including reasonable attorney’s fees where recoverable by law)

that POTESTA is legally obligated to pay as a result of third party claims, to the extent

caused by the intentional or negligent act, error, or omission of the Client or anyone for

whom the Client is legally responsible, subject to any limitations of liability contained in

this Agreement.

  1. Time required for POTESTA personnel to travel between POTESTA’s office and the site

(or other destination applicable to the project) is charged in accordance with the attached

hourly rate schedule.

  1. POTESTA expenses shall be charged according to the attached Field Supply and

Equipment Rate Sheet. External expenses, such as airfare, subcontracted services, etc.,

shall be charged at direct cost (including taxes) plus a twelve percent (12%) surcharge to

the project. A per diem (daily food allowance) of $35.00 per day will be charged for all

personnel required by the work to remain away from their normal residence. For those

working out of the office area, but not spending the night, an allowance for lunch ($6.50

maximum) and, if arriving back after 7:30 p.m., for dinner ($17.50 maximum) may be

charged. Lodging will be charged at $90.00/night, except in limited availability areas

where it will be charged at direct cost plus a twelve percent (12%) surcharge.

  1. Specialized equipment purchased with Client’s approval specifically for the project will

become Client’s property upon completion of the work. The purchase price and

maintenance cost of such equipment shall be charged to Client at cost plus twelve percent

(12%).

  1. Client acknowledges that POTESTA’s reports, boring logs, field data, field notes,

laboratory test data, calculations, estimates, permit applications and other similar

documents are instruments of professional service, not products. Although ownership of

such documents normally is retained by POTESTA, they nonetheless shall, in this instance,

Potesta & Associates, Inc. Standard Terms and Conditions

Page 2

omissions, such that the total aggregate liability of POTESTA to all those named shall

not exceed $50,000 or POTESTA’sS total fee for all expenses and services rendered on this

project, whichever is greater.

POTESTA shall indemnify and hold harmless the Client, its officers, directors, shareholders and employees (collectively, “Client Indemnities”), from and against those liabilities, losses, damages, and costs (including reasonable attorney’s fees where recoverable by law) that Client is legally obligated to pay as a result of third party claims, to the extent caused by the intentional or negligent act, error, or omission of POTESTA or anyone for whom POTESTA is legally responsible, subject to any limitations of liability contained in this Agreement.

Client shall indemnify and hold harmless POTESTA, its officers, directors, shareholders and employees (collectively, “Client Indemnities”), from and against those liabilities, losses, damages, and costs (including reasonable attorney’s fees where recoverable by law) that POTESTA is legally obligated to pay as a result of third party claims, to the extent caused by the intentional or negligent act, error, or omission of the Client or anyone for whom the Client is legally responsible, subject to any limitations of liability contained in this Agreement.

Time required for POTESTA personnel to travel between POTESTA’s office and the site (or other destination applicable to the project) is charged in accordance with the attached hourly rate schedule,

POTESTA expenses shall be charged according to the attached Field Supply and Equipment Rate Sheet. External expenses, such as airfare, subcontracted services, etc., shall be charged at direct cost (including taxes) plus a twelve percent (12%) surcharge to the project. A per diem (daily food allowance) of $35.00 per day will be charged for all personnel required by the work to remain away from their normal residence. For those working out of the office area, but not spending the night, an allowance for lunch ($6.50 maximum) and, if arriving back after 7:30 p.m., for dinner ($17.50 maximum) may be charged. Lodging will be charged at $90.00/night, except in limited availability areas where it will be charged at direct cost plus a twelve percent (12%) surcharge.

Specialized equipment purchased with Client’s approval specifically for the project will become Client’s property upon completion of the work. The purchase price and maintenance cost of such equipment shall be charged to Client at cost plus twelve percent (12%).

Client acknowledges that POTESTA’s reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, permit applications and other similar documents are instruments of professional service, not products. Although ownership of such documents normally is retained by POTESTA, they nonetheless shall, in this instance,

hei 0 APOTESTA

Potesta & Associates, Inc. Standard Terms and Conditions

Page 3

Revised 12/23/2021

become the property of Client upon Client’s payment in full of all POTESTA invoices.

Client recognizes that no such documents should be subject to unauthorized reuse; that is,

reuse without written authorization of POTESTA to do so. Such authorization is essential

because it requires POTESTA to evaluate the documents’ applicability given new

circumstances, not the least of which is passage of time. Accordingly, in return for

POTESTA’s relinquishment of ownership, Client agrees to waive any claim against

POTESTA and defend, indemnify and hold POTESTA harmless from any claim or liability

for injury or loss allegedly arising from unauthorized reuse of POTESTA’s instruments of

service. Client further agrees to compensate POTESTA for any time spent or expenses

incurred by POTESTA in defense of any such claim, in accordance with POTESTA’s

prevailing fee schedule and expense reimbursement policy. Client agrees that POTESTA

may retain one set of documents for their files and use.

  1. Client recognizes that conclusions regarding the assessed condition(s) of the site do not

necessarily represent a warranty that all portions of the site are of the same quality. Specific

conditions may not be observable or readily interpreted from available documents, but may

become evident at a later date. POTESTA will be responsible for data it collects, its

interpretations and recommendations, but shall not be responsible for the interpretation by

others of the information developed. The Client recognizes that subsurface conditions

beneath the Project site may vary from those encountered in borings, surveys or

explorations and the information and recommendations developed by POTESTA are based

solely on the information available from such borings, surveys and explorations.

  1. Client recognizes that unanticipated or changed conditions may be encountered during

construction. Client agrees to retain POTESTA to observe construction, and POTESTA

agrees to assign qualified persons to observe and report on the quality of work performed

by contractors, et al. Client recognizes that construction observation is a technique

employed to minimize the risk of problems arising during construction. Provision of

construction observation by POTESTA is not insurance, nor does it constitute a warranty

or guarantee of any type. In all cases, contractors, et al. shall retain responsibility for the

quality of their work and for adhering to plans and specifications. Should Client for any

reason not retain POTESTA to observe construction, or should Client unduly restrict

POTESTA’s assignment of personnel to observe construction, or should POTESTA for

any reason not perform construction observation during the full period of construction, it

shall be deemed that POTESTA shall not have had the ability to perform a complete

service. Should POTESTA for any reason not have the ability to perform a complete

service, Client waives any claim against POTESTA, and agrees to indemnify, defend and

hold POTESTA harmless from any claim or liability for injury or loss arising from

problems during construction that allegedly result from findings, conclusions,

recommendations, plans or specifications developed by POTESTA. Client also agrees to

compensate POTESTA for any time spent and expenses incurred by POTESTA in defense

of any such claim, with such compensation to be based upon POTESTA’s prevailing fee

schedule and expense reimbursement policy.

Potesta & Associates, Inc. Standard Terms and Conditions

Page 3

become the property of Client upon Client’s payment in full of all POTESTA invoices Client recognizes that no such documents should be subject to unauthorized reuse; that is, reuse without written authorization of POTESTA to do so. Such authorization is essential because it requires POTESTA to evaluate the documents’ applicability given new circumstances, not the least of which is passage of time. Accordingly, in return for POTESTA’s relinquishment of ownership, Client agrees to waive any claim against POTESTA and defend, indemnify and hold POTESTA harmless from any claim or liability for injury or loss allegedly arising from unauthorized reuse of POTESTA’s instruments of service. Client further agrees to compensate POTESTA for any time spent or expenses incurred by POTESTA in defense of any such claim, in accordance with POTESTA’s. prevailing fee schedule and expense reimbursement policy. Client agrees that POTESTA may retain one set of documents for their files and use.

Client recognizes that conclusions regarding the assessed condition(s) of the site do not necessarily represent a warranty that all portions of the site are of the same quality. Specific conditions may not be observable or readily interpreted from available documents, but may become evident at a later date. POTESTA will be responsible for data it collects, its interpretations and recommendations, but shall not be responsible for the interpretation by others of the information developed. The Client recognizes that subsurface conditions beneath the Project site may vary from those encountered in borings, surveys or explorations and the information and recommendations developed by POTESTA are based solely on the information available from such borings, surveys and explorations.

Client recognizes that unanticipated or changed conditions may be encountered during construction. Client agrees to retain POTESTA to observe construction, and POTESTA agrees to assign qualified persons to observe and report on the quality of work performed by contractors, et al. Client recognizes that construction observation is a technique employed to minimize the risk of problems arising during construction. Provision of construction observation by POTESTA is not insurance, nor does it constitute a warranty or guarantee of any type. In all cases, contractors, et al. shall retain responsibility for the quality of their work and for adhering to plans and specifications. Should Client for any reason not retain POTESTA to observe construction, or should Client unduly restrict POTESTA’s assignment of personnel to observe construction, or should POTESTA for any reason not perform construction observation during the full period of construction, it shall be deemed that POTESTA shall not have had the ability to perform a complete service. Should POTESTA for any reason not have the ability to perform a complete service, Client waives any claim against POTESTA, and agrees to indemnify, defend and hold POTESTA harmless from any claim or liability for injury or loss arising from problems during construction that allegedly result from findings, conclusions, recommendations, plans or specifications developed by POTESTA. Client also agrees to compensate POTESTA for any time spent and expenses incurred by POTESTA in defense of any such claim, with such compensation to be based upon POTESTA’s prevailing fee schedule and expense reimbursement policy.

hei 0 APOTESTA

Potesta & Associates, Inc. Standard Terms and Conditions

Page 4

Revised 12/23/2021

  1. The responsibility of POTESTA’s field representative(s) is to make observations and

conduct field tests. This work does not include supervision or direction of the work of the

contractor, his employees, or agents. The contractor should be so advised. The contractor

should also be advised that neither the presence of POTESTA’s field representative nor the

observation and testing by POTESTA shall excuse him in any way for defects discovered

in his work. Any review and/or observation of the contractor’s performance by POTESTA

does not include the contractor’s safety measures on or near the construction site. The

contractor will be solely and completely responsible for working conditions on the job site,

including safety of all persons and property during performance of the work. This

requirement will apply continuously and not be limited to normal working hours. Unless

specifically stated in POTESTA’s proposal, construction review and/or observation is not

included in the scope of services. As indicated in Item 13 above, POTESTA should be

allowed to perform construction observation services; a separate proposal will be prepared

after construction documents are available.

  1. Soil, rock, water and/or other samples obtained from the project site are the property of

Client. POTESTA will preserve such samples for no longer than ninety (90) calendar days

after the issuance of any document that includes the data obtained from them, unless other

arrangements are mutually agreed upon in writing. Further storage or transfer of samples

will be made at Client’s expense. Should any of these samples be contaminated by

hazardous substances or suspected hazardous substances, it is Client’s responsibility to

select and arrange for lawful disposal procedures, that is, procedures which encompass

removing the contaminated samples from POTESTA’s custody and transporting them to a

disposal site. Client is advised that, in all cases, prudence and good judgment should be

applied in selecting and arranging for lawful disposal procedures. Due to the risks to which

POTESTA is exposed, Client agrees to waive any claim against POTESTA, and to defend,

indemnify and hold POTESTA harmless from any claim or liability for injury or loss

arising from POTESTA’s containing, labeling, transporting, testing, storing or other

handling of contaminated samples. Client also agrees to compensate POTESTA for any

time spent and expenses incurred by POTESTA in defense of any such claim, with such

compensation to be based upon POTESTA’s prevailing fee schedule and expense

reimbursement policy.

  1. Unless otherwise agreed, Client or Owner will furnish right-of-entry on the land and/or

facilities for POTESTA to make the planned borings and other explorations and perform

necessary sampling. POTESTA will take reasonable precautions to minimize damage to

said land or facilities from use of POTESTA’s equipment and operations. If Client or

Owner desires POTESTA to restore the land or facilities to their former condition, this will

be accomplished at the expense of the Client or Owner.

  1. In the execution of Client’s work, POTESTA will take reasonable precautions to avoid

damage or injury to subterranean structures or utilities. The Client and Owner agree to

Potesta & Associates, Inc. Standard Terms and Conditions

Page 4

The responsibility of POTESTA’s field representative(s) is to make observations and conduct field tests. This work does not include supervision or direction of the work of the contractor, his employees, or agents. The contractor should be so advised. The contractor should also be advised that neither the presence of POTESTA’s field representative nor the observation and testing by POTESTA shall excuse him in any way for defects discovered in his work. Any review and/or observation of the contractor’s performance by POTESTA does not include the contractor’s safety measures on or near the construction site. The contractor will be solely and completely responsible for working conditions on the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Unless specifically stated in POTESTA’s proposal, construction review and/or observation is not included in the scope of services. As indicated in Item 13 above, POTESTA should be allowed to perform construction observation services; a separate proposal will be prepared after construction documents are available.

Soil, rock, water and/or other samples obtained from the project site are the property of Client. POTESTA will preserve such samples for no longer than ninety (90) calendar days after the issuance of any document that includes the data obtained from them, unless other arrangements are mutually agreed upon in writing. Further storage or transfer of samples will be made at Client’s expense. Should any of these samples be contaminated by hazardous substances or suspected hazardous substances, it is Client’s responsibility to select and arrange for lawful disposal procedures, that is, procedures which encompass removing the contaminated samples from POTESTA’s custody and transporting them to a disposal site, Client is advised that, in all cases, prudence and good judgment should be applied in selecting and arranging for lawful disposal procedures. Due to the risks to which POTESTA is exposed, Client agrees to waive any claim against POTESTA, and to defend, indemnify and hold POTESTA harmless from any claim or liability for injury or loss arising from POTESTA’s containing, labeling, transporting, testing, storing or other handling of contaminated samples. Client also agrees to compensate POTESTA for any time spent and expenses incurred by POTESTA in defense of any such claim, with such compensation to be based upon POTESTA’s prevailing fee schedule and expense reimbursement policy.

Unless otherwise agreed, Client or Owner will furnish right-of-entry on the land and/or facilities for POTESTA to make the planned borings and other explorations and perform necessary sampling. POTESTA will take reasonable precautions to minimize damage to said land or facilities from use of POTESTA’s equipment and operations. If Client or ‘Owner desires POTESTA to restore the land or facilities to their former condition, this will be accomplished at the expense of the Client or Owner.

In the execution of Client’s work, POTESTA will take reasonable precautions to avoid damage or injury to subterranean structures or utilities. The Client and Owner agree to

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Potesta & Associates, Inc. Standard Terms and Conditions

Page 5

Revised 12/23/2021

hold POTESTA harmless for any damages to subterranean structures or utilities which are

not called to POTESTA’s attention, or are not correctly shown on the plans furnished.

  1. Client agrees to advise POTESTA about the presence of any known hazardous substances

or any known condition(s) existing in, on, or near the site presenting a potential danger to

human health or the environment. If during performance of services, any unforeseen

hazardous substances or other unforeseen conditions or occurrences, in, on, or near the site

presenting a potential danger to human health or the environment are encountered which,

in the judgment of POTESTA, significantly affect or may affect the services or the

recommended scope of services, POTESTA will promptly notify Client thereof.

Subsequent to that notification, Client and POTESTA agree to pursue one of the following

options:

a. If practicable, in the judgment of POTESTA, the original scope of services will be

completed in accordance with the procedures originally intended in POTESTA’s

proposal for services.

b. The scope of services will be modified and the estimate of charges revised to

include study of the previously unforeseen conditions or occurrences, such revision

to be in writing and signed by the parties and incorporated therein.

c. The services for the work in POTESTA’s proposal will be terminated, effective on

the date specified in writing by POTESTA, and POTESTA shall recover any extra

charges associated with the previously unforeseen conditions or occurrences, as

well as any charges up to such date for the originally proposed services.

  1. Neither the Client nor POTESTA may delegate, assign, sublet or transfer their duties or

interest, as described in the Standard Terms and Conditions and accompanying proposal,

without the written consent of the other party. Unless stated otherwise, POTESTA’s

proposal is firm for 90 days.

  1. In the event that a dispute should arise relating to the performance of the services to be

provided under the Standard Terms and Conditions and the proposal, it is agreed that the

dispute shall be mediated. Should mediation fail and litigation result, it is agreed that the

prevailing party shall be entitled to recover all reasonable costs incurred in the defense of

the claim, including staff time, court costs, attorney’s fees, and other claim-related

expenses.

  1. The law of the State of West Virginia will govern the validity of this Agreement, its

interpretation and performance, and remedies for contract breach or any other claims

related to this Agreement. All legal proceedings shall be filed in Kanawha County, West

Virginia.

Potesta & Associates, Inc. Standard Terms and Conditions

Page 5

18,

hold POTESTA harmless for any damages to subterranean structures or utilities which are not called to POTESTA’s attention, or are not correctly shown on the plans furnished.

Client agrees to advise POTESTA about the presence of any known hazardous substances or any known condition(s) existing in, on, or near the site presenting a potential danger to human health or the environment. If during performance of services, any unforeseen hazardous substances or other unforeseen conditions or occurrences, in, on, or near the site presenting a potential danger to human health or the environment are encountered which, in the judgment of POTESTA, significantly affect or may affect the services or the recommended scope of services, POTESTA will promptly notify Client thereof. Subsequent to that notification, Client and POTESTA agree to pursue one of the following options:

a. Ifpracticable, in the judgment of POTESTA, the original scope of services will be completed in accordance with the procedures originally intended in POTESTA’s proposal for services.

b. The scope of services will be modified and the estimate of charges revised to include study of the previously unforeseen conditions or occurrences, such revision to be in writing and signed by the parties and incorporated therein.

c The services for the work in POTESTA’s proposal will be terminated, effective on the date specified in writing by POTESTA, and POTESTA shall recover any extra charges associated with the previously unforeseen conditions or occurrences, as well as any charges up to such date for the originally proposed services.

Neither the Client nor POTESTA may delegate, assign, sublet or transfer their duties or interest, as described in the Standard Terms and Conditions and accompanying proposal, without the written consent of the other party. Unless stated otherwise, POTESTA’s proposal is firm for 90 days.

In the event that a dispute should arise relating to the performance of the services to be provided under the Standard Terms and Conditions and the proposal, it is agreed that the dispute shall be mediated. Should mediation fail and litigation result, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attomney’s fees, and other claim-related expenses.

The law of the State of West Virginia will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. All legal proceedings shall be filed in Kanawha County, West Virginia.

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Potesta & Associates, Inc. Standard Terms and Conditions

Page 6

Revised 12/23/2021

  1. POTESTA may submit to Client an opinion of the probable cost required to construct work.

POTESTA is not a construction cost estimator or construction contractor, nor should

POTESTA’s rendering an opinion of probable construction costs be considered equivalent

to the nature and extent of service a construction cost estimator or construction contractor

would provide. POTESTA’s opinion will be based solely upon their own experience with

construction. This requires POTESTA to make a number of assumptions as to actual

conditions that will be encountered on site; the specific decisions of other design

professionals; the means and methods of construction the contractor will employ; the cost

and extent of labor, equipment and materials the contractor will employ; contractor’s

techniques in determining prices and market conditions at the time, and other factors over

which POTESTA has no control. Given the assumptions which must be made, POTESTA

cannot guarantee the accuracy of their opinions of cost, andCin recognition of that

factCClient waives any claim against POTESTA relative to the accuracy of POTESTA’s

opinion of probable cost.

  1. Client or POTESTA may terminate this Agreement upon fourteen (14) days’ written notice

to the other for reasons included in the notice. In the event such termination becomes

necessary, the party effecting termination shall so notify the other party in writing, and

termination will become effective fourteen (14) calendar days after receipt of the

termination notice. Irrespective of which party shall effect termination or the cause

therefore, Client shall within thirty (30) calendar days of termination remunerate

POTESTA for services rendered and costs incurred, in accordance with POTESTA’s

prevailing fee schedule and expense reimbursement policy. Services shall include those

rendered up to the time of termination, as well as those associated with termination itself,

such as demobilizing, modifying schedules, reassigning personnel, and so on. Costs shall

include those incurred up to the time of termination, as well as those associated with

termination and post-termination activities, such as demobilization, decontaminating

and/or disposing of equipment, disposal and replacement of contaminated consumables,

and so on.

  1. Client shall not be liable to POTESTA and POTESTA shall not be liable to Client for any

consequential damages incurred by either due to the fault of the other, regardless of the

nature of this fault, or whether it was committed by the Client or POTESTA, their

employees, agents or subcontractors. Consequential damages include, but are not limited

to, loss of use and loss of profit.

  1. All obligations arising prior to the termination of this Agreement and all provisions of this

Agreement allocating responsibility or liability between Client and POTESTA shall

survive the completion of the services hereunder and the termination of this Agreement.

  1. POTESTA shall indicate to Client the information needed for rendering of services

hereunder, and Client shall provide to POTESTA such information as is available to Client.

Client recognizes that it is not possible for POTESTA to assure the sufficiency of such

Potesta & Associates, Inc. Standard Terms and Conditions Page 6

  1. POTESTA may submit to Client an opinion of the probable cost required to construct work. POTESTA is not a construction cost estimator or construction contractor, nor should POTESTA’s rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. POTESTA’s opinion will be based solely upon their own experience with construction, This requires POTESTA to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor’s techniques in determining prices and market conditions at the time, and other factors over which POTESTA has no control. Given the assumptions which must be made, POTESTA cannot guarantee the accuracy of their opinions of cost, and—in recognition of that fact—Client waives any claim against POTESTA relative to the accuracy of POTESTA’s opinion of probable cost.

  2. Client or POTESTA may terminate this Agreement upon fourteen (14) days’ written notice to the other for reasons included in the notice. In the event such termination becomes necessary, the party effecting termination shall so notify the other party in writing, and termination will become effective fourteen (14) calendar days after receipt of the termination notice. Irrespective of which party shall effect termination or the cause therefore, Client shall within thirty (30) calendar days of termination remunerate POTESTA for services rendered and costs incurred, in accordance with POTESTA’s prevailing fee schedule and expense reimbursement policy. Services shall include those rendered up to the time of termination, as well as those associated with termination itself, such as demobilizing, modifying schedules, reassigning personnel, and so on. Costs shall include those incurred up to the time of termination, as well as those associated with termination and post-termination activities, such as demobilization, decontaminating and/or disposing of equipment, disposal and replacement of contaminated consumables, and so on.

  3. Client shall not be liable to POTESTA and POTESTA shall not be liable to Client for any consequential damages incurred by either due to the fault of the other, regardless of the nature of this fault, or whether it was committed by the Client or POTESTA, their employees, agents or subcontractors. Consequential damages include, but are not limited to, loss of use and loss of profit.

  4. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between Client and POTESTA shall survive the completion of the services hereunder and the termination of this Agreement.

  5. POTESTA shall indicate to Client the information needed for rendering of services hereunder, and Client shall provide to POTESTA such information as is available to Client. Client recognizes that it is not possible for POTESTA to assure the sufficiency of such

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Potesta & Associates, Inc. Standard Terms and Conditions

Page 7

Revised 12/23/2021

information, either because it is not possible to do so, or because of errors or omissions

which may have occurred in assembling the information. Accordingly, Client waives any

claim against POTESTA, and agrees to defend, indemnify and hold POTESTA harmless

from any claim or liability for injury or loss allegedly arising from errors, omissions, or

inaccuracies in documents or other information provided to POTESTA by Client. Further,

Client agrees to compensate POTESTA for any time spent or expenses incurred by

POTESTA in defense of any such claim, with such compensation to be based upon

POTESTA’s prevailing fee schedule and expense reimbursement policy.

  1. This Agreement shall not create any rights or benefits to parties other than Client or

POTESTA. No third-party shall have the right to rely on POTESTA’s opinions rendered

in connection with POTESTA’s services without POTESTA’s written consent and the

third-party’s agreement to be bound to the same terms and conditions as Client.

  1. If, for any reason, any one or more of the provisions contained in this Agreement are held

to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or

unenforceability shall not affect any other provision herein, and this Agreement shall be

construed as if such invalid, illegal or unenforceable provision had not been contained

herein.

  1. For engagements that we accept for other than regular clients, our normal practice is to

require a retainer or security deposit in advance of our performing any significant services.

On occasion, such a deposit is required at a later time due to payment irregularities. The

engagement letter will state whether an advance has been required before undertaking a

particular representation.

  1. POTESTA will not have any obligation to issue a report or other document, or

communicate our research, analyses, or conclusions, and will not have any obligation to

appear for or provide written or oral testimony or evidence at trial, deposition or elsewhere,

until Client’s account is paid in full. POTESTA will have no liability to the Client, or any

other person, by reason of not issuing a report, appearing for, and/or providing testimony

or other evidence because of the Client’s failure to pay all amounts due POTESTA, and

the Client agrees to indemnify POTESTA against any such liability.

  1. CERTIFICATIONS

31.1 For purposes of this Agreement, “certification” means to state or declare a

professional opinion based on the standard of performance set forth in Item 2 above.

31.2 POTESTA shall not be required to execute certificates that would (i) result in

POTESTA having to certify, guarantee or warrant the existence of conditions

whose existence POTESTA cannot reasonably ascertain under the existing

Services; (ii) require knowledge, services or responsibilities beyond the Services;

Potesta & Associates, Inc. Standard Terms and Conditions

Page 7

information, either because it is not possible to do so, or because of errors or omissions which may have occurred in assembling the information. Accordingly, Client waives any claim against POTESTA, and agrees to defend, indemnify and hold POTESTA harmless from any claim or liability for injury or loss allegedly arising from errors, omissions, or inaccuracies in documents or other information provided to POTESTA by Client. Further, Client agrees to compensate POTESTA for any time spent or expenses incurred by POTESTA in defense of any such claim, with such compensation to be based upon POTESTA’s prevailing fee schedule and expense reimbursement policy.

This Agreement shall not create any rights or benefits to parties other than Client or POTESTA. No third-party shall have the right to rely on POTESTA’s opinions rendered in connection with POTESTA’s services without POTESTA’s written consent and the third-party’s agreement to be bound to the same terms and conditions as Client.

If, for any reason, any one or more of the provisions contained in this Agreement are held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision herein, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein,

For engagements that we accept for other than regular clients, our normal practice is to require a retainer or security deposit in advance of our performing any significant services. On occasion, such a deposit is required at a later time due to payment irregularities, The engagement letter will state whether an advance has been required before undertaking a particular representation,

POTESTA will not have any obligation to issue a report or other document, or communicate our research, analyses, or conclusions, and will not have any obligation to appear for or provide written or oral testimony or evidence at trial, deposition or elsewhere, until Client’s account is paid in full. POTESTA will have no liability to the Client, or any other person, by reason of not issuing a report, appearing for, and/or providing testimony or other evidence because of the Client’s failure to pay all amounts due POTESTA, and the Client agrees to indemnify POTESTA against any such liability.

CERTIFICATIONS

31.1 For purposes of this Agreement, “certification” means to state or declare a professional opinion based on the standard of performance set forth in Item 2 above.

31.2 POTESTA shall not be required to execute certificates that would (i) result in POTESTA having to certify, guarantee or warrant the existence of conditions whose existence POTESTA cannot reasonably ascertain under the existing Services; (ii) require knowledge, services or responsibilities beyond the Services;

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Potesta & Associates, Inc. Standard Terms and Conditions

Page 8

Revised 12/23/2021

or (iii) require POTESTA to make a certification that would exceed what may

reasonably be expected from firms of similar experience and expertise providing

services of a similar nature. In addition, Client agrees not to make resolution of

any dispute with POTESTA or payment of any amount due to POTESTA in any

way contingent upon POTESTA executing such certificate.

31.3 A professional’s certification in no way relieves other parties from meeting their

respective requirements imposed by contract or other means, including commonly

accepted industry standards and practices. If required as a part of its Services,

POTESTA will provide a written report stating whether, in POTESTA’s

professional opinion and based on periodic site visits, the construction work

complies generally with the Contract Documents.

Potesta & Associates, Inc. Standard Terms and Conditions Page 8

or (iii) require POTESTA to make a certification that would exceed what may reasonably be expected from firms of similar experience and expertise providing services of a similar nature. In addition, Client agrees not to make resolution of any dispute with POTESTA or payment of any amount due to POTESTA in any way contingent upon POTESTA executing such certificate,

31.3 A professional’s certification in no way relieves other parties from meeting their respective requirements imposed by contract or other means, including commonly accepted industry standards and practices. If required as a part of its Services, POTESTA will provide a written report stating whether, in POTESTA’s professional opinion and based on periodic site visits, the construction work complies generally with the Contract Documents.

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Rev. 12/23/21

POTESTA & ASSOCIATES, INC.

2022 RATE SCHEDULE

Principal … $280/hour

Chief Engineer/Scientist … $120 - $235/hour

Senior Engineer/Scientist … $75 - $200/hour

Staff Engineer/Scientist … $50 - $130/hour

Engineer/Scientist … $45 - $95/hour

Professional Surveyor … $70 - $135/hour

Senior Technician … $45 - $95/hour

Technician … $30 - $65/hour

Two-Man Survey Crew… $120/hour

Three-Man Survey Crew… $165/hour

Senior CADD Designer … $60 - $115/hour

CADD Designer … $40 - $90/hour

Clerical Support … $40 - $110/hour

(Any changes in hourly rates will be made on January 1 of each year.)

NOTE: Engineer/Scientist includes engineer, scientist, technical designers, engineering associates, planners, health

and safety specialists, and information technologists.

POTESTA & ASSOCIATES, INC.

2022 RATE SCHEDULE

Principal … . $280/hour

Chief Engineer/Scientist … .$120 - $235/hour

Senior Engineer/Scientist… … $75 - $200/hour

Staff Engineer/Scientist …

Engineer/Scientist

Professional Surveyor…

Senior Technician $45 - $95/hour Technician. 330 - $65/hour Two-Man Survey Crew… . $120/hour

Three-Man Survey Crew… . $165/hour

Senior CADD Designer… $60 - $115/hour

CADD Designer, $40 - $90/hour

Clerical Support …$40 - $110/hour

(Any changes in hourly rates will be made on January 1 of each year.)

NOTE: Engineer/Scientist includes engineer, scientist, technical designers, engineering associates, planners, health and safety specialists, and information technologists.

Rev, 122321

Per Unit Day Week1

1-Point Proctor Kit N/A $20.00 $75.00

12’ Motorized Boat (includes fuel) N/A $300.00 $700.00 16’ Motorized Boat (includes fuel) N/A $500.00 $2,000.00 2" Soak Ease Absorbent Tubes $11.00 N/A N/A 22"x34" Internal Plots $0.75 N/A N/A 24"x36" Ammonia Mylar $2.50 N/A N/A

24"x36" Internal Plots $0.75 N/A N/A 30"x42" Internal Plots $1.15 N/A N/A 36"x48" Internal Plots $2.10 N/A N/A 4" Soak Ease Absorbent Tubes $12.50 N/A N/A 4-Gas Meter N/A $75.00 $250.00

Air Meter (Concrete) N/A $25.00 N/A

Air Purifying Respirator with Cartridges N/A $25.00 N/A Air Velocity Meter N/A $50.00 $150.00

Asbestos Sampling Equipment N/A $20.00 $60.00 Automated Composite Sampler N/A $95.00 $350.00 Bladder Pump with Controller and Compressor N/A $200.00 $700.00

Bomb Water Sampler N/A $25.00 $75.00 Camcorder N/A $50.00 $200.00

Chlorine Meter N/A $25.00 $75.00 Company Vehicles - Car (includes fuel) N/A $155.00 $620.00 Company Vehicles - Truck/Van/SUV (includes fuel) N/A $175.00 $765.00

Company Vehicles - Truck/Van/SUV (includes fuel) with Trailer

N/A $205.00 $1,025.00

Concrete Testing Equipment (slump, cone, temperature, wheelbarrow-excludes air meter)

N/A $25.00 N/A

Cone Penetrometer N/A $75.00 N/A

CORMIX/CorHyd Software Utilization (per run) $300.00 N/A N/A Data Loggers (DO Study) $150.00 N/A N/A Depth and Velocity Flow Meter N/A $80.00 N/A

DO Meter N/A $25.00 $75.00 DO Meter with Stirrer N/A $50.00 $100.00 Electro Fishing Equipment N/A $100.00 $350.00 Field Data Interface Unit (for Data Loggers) N/A $50.00 N/A Fish Rearing (per Tank) N/A $5.00 N/A

Flow Cell for Water Quality Meter N/A $20.00 $50.00 Generator N/A $30.00 $120.00 Hach Hydrometer N/A $85.00 N/A Hand Auger N/A $10.00 $30.00 Handheld GPS N/A $30.00 N/A

Inclinometer N/A $500.00 N/A Interface Probe N/A $55.00 $120.00 Internal Color Copies $1.00 N/A N/A Kemmerer Water Sampler N/A $25.00 $75.00

POTESTA & ASSOCIATES, INC.

Description Rate

FIELD EQUIPMENT RENTAL RATE SHEET

Rev. 12/28/21 Page 1 of 3

POTESTA & ASSOCIATES, INC.

FIELD EQUIPMENT RENTAL RATE SHEET

De 7 Rate escription Per Unit Day. Week! 1-Point Proctor Kit NA $20.00 $75.00. 12’ Motorized Boat (includes fuel) NA $300.00 $700.00 16! Motorized Boat (includes fuel) NA $500.00 [$2,000.00 2" Soak Ease Absorbent Tubes 311.00 NA NA 23"x34" Internal Plots $0.75 NA N/A 24°x36" Ammonia Mylar $2.50 NA NA |24"x36" Internal Plots $0.75 N/A N/A 30"x42" Internal Plots SLIS NA N/A 36"x48" Internal Plots $2.10 NA NA 4” Soak Ease Absorbent Tubes 312.50 NA NA 4-Gas Meter NA 375.00 | $250.00 [Air Meter (Conerete) NA $25.00 NA /Air Purifying Respirator with Cartridges NA. $25.00 NA. |Air Velocity Meter NA $50.00 $150.00 [Asbestos Sampling Equipment NA $20.00 $360.00 [Automated Composite Sampler NA $95.00 | $350.00 [Bladder Pump with Controller and Compressor NA $200.00_| $700.00 [Bomb Water Sampler NA $25.00 $75.00 |Camcorder NA $50.00 $200.00 Chlorine Meter NA $25.00 $75.00. (Company Vehicles - Car (includes fuel) NA 3155.00_[ $620.00 (Company Vehicles ~ Truck/ Van/SUV (ineludes fuel) NA $175.00_| $765.00 (Company Vehicles - Truck/Van/SUV (ineludes fuel) NIA 20300 | s1,025.00 with Trailer [Concrete Testing Equipment (slump, cone, temperature, NA $25.00 NIA |wheelbarrow-excludes air meter) [Cone Penetrometer NA 375.00 NA |CORMIX/Corllyd Software Utilization (per run) 3300.00 NA NA [Data Loggers (DO Study) $150.00 NA NA Flow Meter NA 380.00 N/A NA $25.00 $75.00. [DO Meter with Stirrer NA $50.00 $100.00 Electro Fishing Equipment NA $100.00_[ $350.00 Field Data Interface Unit (for Data Loggers) NA $50.00 NA Fish Rearing (per Tank) NA $5.00 NA Flow Cell for Water Quality Meter NA $20.00 $50.00 Generator NA $30.00 $120.00 |Hach Hydrometer NA $85.00 N/A Hand Auger NA $10.00 330.00 [Handheld GPS NA $30.00 NA Iinclinometer NA $500.00 N/A Interface Probe NA $55.00 |_ $120.00 Internal Color Copies $1.00 NA N/A [Kemmerer Water Sampler NA $25.00 $75.00.

Rev, 1228/21

Page | of 3

Per Unit Day Week 1Description

Rate

Laser Range Finder N/A $20.00 N/A Level Loggers N/A $50.00 $200.00 Level Loggers (Reader) N/A $50.00 N/A Lodging N/A $90.00 N/A Low-Flow DC Purge Pump with Controller N/A $75.00 $300.00

Manhole Penetration Camera N/A $3.00 $15.00 Manual Direct-Push Sampler N/A $50.00 $200.00 Microscopic Evaluation Laboratory Supplies $5.00 N/A N/A Nets/Aquatic Samplers/Miscellaneous Equipment N/A $50.00 $150.00 Nuclear Gauge N/A $60.00 $200.00

Opacity Kit N/A $10.00 N/A Other Cost + 12% Cost + 12% N/A Other Boat Rental Cost + 12% Cost + 12% Cost + 12% Oversize Bluelines $2.40 N/A N/A Ponar Sampler N/A $25.00 $75.00

Petroleum Soil Field Test Kit $35.00 N/A N/A PH/Temperature/Conductivity Meter N/A $75.00 $250.00

pH/Temperature/Conductivity Meter/DO/ORP Meter N/A $125.00 $500.00 PID/FID N/A $100.00 $400.00

Pressure Gauges N/A N/A $50.00 PVC Bailer (2") N/A $5.00 N/A PVC Bailer (3") N/A $10.00 N/A

Sample Storage (Monthly) $30.00 N/A N/A Sludge Sampler N/A $20.00 $75.00

Small Row Boat N/A $125.00 $300.00 Soil Resistivity Meter N/A $50.00 $150.00 Speedy Moisture Gauge N/A $25.00 N/A State Change Logger N/A N/A $100.00

State Change Reader N/A $50.00 N/A Sub-Centimeter GPS Equipment N/A $400.00 N/A Sub-Meter GPS Unit N/A $150.00 $500.00

Surface Velocity Meter (SVR) N/A $90.00 N/A

Survey Equipment (excludes GPS) N/A $65.00 N/A Temperature Loggers N/A $10.00 $35.00 Temperature Loggers (Reader) N/A $50.00 N/A Treatability Study Equipment N/A $200.00 $800.00 Turbidity Meter N/A $25.00 $75.00

Vehicle Mileage (if daily rates are not used) IRS Rate + 12% N/A N/A Water Level Indicator N/A $35.00 $75.00 Whale Pump System N/A $35.00 $100.00

1 Weekly rental rate implies calendar week.

(Any changes in rates will be made January 1 of each year.)

Rev. 12/28/21 Page 2 of 3

Deseript Rate

scription Per Unit Day Week! [Laser Range Finder NA $20.00 NA Level Loggers NA $50.00 $200.00 Level Loggers (Reader) NA $50.00. NIA Lodging WA $90.00 NA Low-Flow DC Purge Pump with Controller NA $75.00 | __ $300.00 [Manhole Penetration Camera NA $3.00 $15.00 (Manual Direct-Push Sampler NA $50.00 | $200.00 /Microscopic Evaluation Laboratory Supplies $5.00 NA. NA. INets/Aquatic Samplers/Miscellaneous Equipment NIA $50.00 $150.00 [Nuclear Gauge WA $60.00 | 200.00 (Opacity Kit NA $10.00 NA (Other Cost + 13% | Cost + 12% | N/A (Other Boat Rental Cost +12% | Cost + 12% | Cost + 12% Oversize Bluelines $2.40 N/A N/A |Ponar Sampler NA $25.00 $75.00. Petroleum Soil Field Test Kit $35.00 AN NA [PH/Temperature/Conduetivity Meter NA 375.00 | $250.00 [pH/Temperature/Conductivity Meter/DO/ORP Meter NA 3125.00 | _ $500.00 PIDFID NA $100.00| $400.00 Pressure Gauges N/A N/A $50.00. PVC Bailer (2") NA $5.00 N/A PVC Bailer (3") NA $10.00 NA [Sample Storage (Monthly) $30.00 NA NA [Sludge Sampler NA $20.00 375.00 [Small Row Boat NA $125.00 _| _ $300.00 |Soil Resistivity Meter N/A $50.00 $150.00 [Speedy Moisture Gauge NA $25.00 NIA State Change Logger WA WA $100.00 State Change Reader NA 350.00 NA [Sub-Centimeter GPS Equipment NA $400.00 NIA [Sub-Meter GPS Unit NA $150.00 _| _ $500.00 Surface Velocity Meter (SVR) N/A $90.00 N/A Survey Equipment (excludes GPS) NA $65.00 NIA Temperature Loggers WA $10.00 335.00 Temperature Loggers (Reader) NA $50.00 NA Treatability Study Equipment NA $200.00 _| $800.00 Turbidity Meter NA $25.00 $75.00 Vehicle Mileage (if daily rates are not used) IRS Rate + 12%| N/A NA Water Level Indicator NA $35.00 $75.00. [Whale Pump System WA $35.00 | $100.00

‘(Any changes in rates will be made January I of each year.)

"Weekly rental rate implies calendar week.

Rev, 1228/21

Page 2 0f 3

Per Unit Day

55-Gallon Steel Drum $75.00 N/A

Asbestos Sampling Supplies N/A $20.00

Forms, Field Notebooks, Nitrile Gloves, Plastic Bags, Etc.

Benthic Survey Supplies (Per Site Per Day) $35.00 N/A

Forms, Containers, Ethyl Alcohol, Nitrile Gloves, Flagging,

Distilled Water, Decon Supplies, Marking Utensils, Plastic

Bags Bentonite (50 lb. Bag) $15.00 N/A

Bladder Pump Sampling Supplies (Bladders, Grab Plates,

Tubing) - Per Well

$50.00 N/A

Discharge Sampling Supplies N/A $35.00

Forms, Field Notebooks, Nitrile Gloves, Ice, Distilled

Water, Decon Supplies, Plastic Bags, Etc.

Disposable Bailers 3’ (1.5" diameter) $8.00 N/A

Disposable Bailers 3’ (0.75" diameter) $5.00 N/A

Disposable Bailers 7’ (1.5" diameter) $12.50 N/A

Fish Survey Supplies (Per Site Per Day) $35.00 N/A

Buckets, Waders, Bottles, Formalin, Ethyl Alcohol, Forms,

Marking Utensils, Plastic Bags

Groundwater Sampling Supplies N/A $35.00

Forms, Field Notebooks, Nitrile Gloves, Ice, Distilled

Water, Decon Supplies, Plastic Bags, Etc.

GW Filters $17.50 N/A

HGM Stream Assessment Supplies N/A $25.00

Tape, Clinometer, Densiometer, Diameter Tape, Flagging,

Quadrat, Etc.

Soil Sampling Supplies N/A $35.00

Forms, Field Notebooks, Nitrile Gloves, Ice, Distilled

Water, Decon Supplies, Plastic Bags, Etc.

Stream Sampling Supplies N/A $35.00

Forms, Field Notebooks, Nitrile Gloves, Ice, Distilled

Water, Decon Supplies, Plastic Bags, Etc.

Stream Delineation Supplies N/A $20.00

Hip Chain, Clinometer, Flagging, Forms, Etc.

Survey Supplies N/A $25.00

Hubs, Stakes, Flagging, Iron Pins, Monuments, Marking

Paint, Traffic Control

Wetland Delineation Supplies N/A $20.00

Flagging, Forms, Reference Materials, Plastic Bags, Etc.

Other Cost + 12% N/A (Any changes in rates will be made January 1 of each year.)

Rate

FIELD SUPPLY RATE SHEET POTESTA & ASSOCIATES, INC.

Description

Rev. 12/28/21 Page 3 of 3

POTESTA & ASSOCIATES, INC.

FIELD SUPPLY RATE SHEET Rate Description Per Unit Day

35-Gallon Steel Drum 375.00 NA [Asbestos Sampling Supplies NA $20.00

Forms, Field Notebooks, Nitrile Gloves, Plastic Bags, Ete. [Benthic Survey Supplies (Per Site Per Day) 335.00 NA

Forms, Containers, Ethyl Aleohol, Nitrile Gloves, Flagging,

Distilled Water, Decon Supplies, Marking Utensils, Plastic

Bags Bentonite (50 Ib. Bag) 315.00 NA [Bladder Pump Sampling Supplies (Bladders, Grab Plates, 350.00 NA Tubing) - Per Well Discharge Sampling Supplies NA 335.00

Forms, Field Notebooks, Nitrile Gloves, lee, Distilled

Water, Decon Supplies, Plastic Bags, Ete. Disposable Bailers 3’(1.5" diameter) 38.00 NA Disposable Ba 35.00 NA Disposable Bailers 7 (1.5" diameter) 312.50 NA Fish Survey Supplies (Per Site Per Day) $35.00 NA

Buckets, Waders, Bottles, Formalin, Ethyl Aleohol, Forms, Marking Utensils, Plastic Bags

[Groundwater Sampling Supplies NA $35.00 Forms, Field Notebooks, Nitrile Gloves, Iee, Distilled Water, Decon Supplies, Plastic Bags, Etc.

GW Filters $17.50 N/A HGM Stream Assessment Supplies NIA $25.00 Tape, Clinometer, Densiometer, Diameter Tape, Flagging, Quadrat, Etc. [Soil Sampling Supplies NA $35.00

Forms, Field Notebooks, Nitrile Gloves, Ice, Distilled Water, Decon Supplies, Plastic Bags, Etc.

[Stream Sampling Supplies NIA $35.00 Forms, Field Notebooks, Nitrile Gloves, Ice, Distilled Water, Decon Supplies, Plastic Bags, Etc.

[Stream Delineation Supplies NA $20.00 Hip Chain, Clinometer, Flagging, Forms, Ete. [Survey Supplies NA $25.00

Hubs, Stakes, Flagging, Iron Pins, Monuments, Marking Paint, Traffic Control

|Wetland Delineation Supplies NA $20.00 Flagging, Forms, Reference Materials, Plastic Bags, Etc. Other Cost + 12% NA

‘(Any changes in rates will be made January I of each year.)

Rev, 1228721 Page 3 of 3

Board of Supervisors Action Item C-1 – C-17 137 Highland Drive Presenter: Administrator Lebanon, VA 24266

                 Meeting: 9/12/22         6:00 PM 

County Administrator Reports & Requests

REPORTS

  1. Fire & EMS Departments – ARPA Funds - $1,000 Per Month Allocation………C-1

  2. VACo 2022 Annual Conference, Richmond Convention Center, November
    13-15, 2022…………………………………………………………………………………C-2

  3. VACo Region 12 & 13 Legislative Meeting - Russell County Gov’t Center August 23, 2022 – 1 P.M. to 3 P.M…………………………………………………….C-3

  4. Finney Disposal Site Proposed Location .………………………………………….C-4

  5. APA Court System Audit – RC Clerk of Circuit Court…………………………….C-5

REQUESTS

  1. VDOT Dante Depot Renovation Contract……………………………………………C-6

  2. DHCD Dante Regional Sewer Line Extension Agreement…………………………C-7

  3. DCJS Victim Witness Program Grant - $70,000…………………………………….C-8

  4. Voter Registration – ICE Tabulator - $8,625…………………………………………C-9

  5. VDOT Resolution – Highway System – Project 7058-097-105, G302, G303……C-10

  6. CSA Supplement Allocation Request - $11,141.09…………………………………C-11

  7. School Board Reversion Funds Correction - $356,522.13…………………………C-12

  8. National Opioids Settlement Payment - $43,265.96……………………………….C-13

  9. RC Deputy Emergency Management Coordinator………………………………….C-14

  10. RC Tourism Coordinator……………………………………………………………….C-15

  11. RC Planning Commission Plat…………………………………………………………C-16

  12. RC Library Travel Requests – Kelly McBride – Belinda Levy Association
    for Rural & Small Libraries Conference 9/14 - 9/17 & Library of Virginia
    Meeting, Richmond 9/22 – 9/23…………………………………………………………C-17

Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011

www.russellcountyva.us

http://www.russellcountyva.us/ http://www.russellcountyva.us/ Board of Supervisors Action Item C-1 - C-17 137 Highland Drive Presenter: Administrator Lebanon, VA 24266

Meeting: 9/12/22 6:00 PM

County Administrator Reports & Requests REPORTS

  1. Fire & EMS Departments — ARPA Funds - $1,000 Per Month Allocation.

  2. VACo 2022 Annual Conference, Richmond Convention Center, November 13-15, 2022.

  3. VACo Region 12 & 13 Legislative Meeting - Russell County Gov’t Center August 23, 2022 - 1 P.M. to 3 P.M

4, Finney Disposal Site Proposed Location …

  1. APA Court System Audit — RC Clerk of Circuit Court. REQUESTS

  2. VDOT Dante Depot Renovation Contract.

  3. DHCD Dante Regional Sewer Line Extension Agreement.

  4. DCJS Victim Witness Program Grant - $70,000…

  5. Voter Registration — ICE Tabulator - $8,625.

  6. VDOT Resolution —

ighway System — Project 7058-097-105, G302, G303…C-10 11. CSA Supplement Allocation Request - $11,141.09.

  1. School Board Reversion Funds Correction - $356,522.13…

  2. National Opioids Settlement Payment - $43,265.96…

14, RC Deputy Emergency Management Coordinator. 0-14

  1. RC Tourism Coordinator.

  2. RC Planning Commission Plat.

  3. RC Library Travel Requests — Kelly McBride — Belinda Levy Association for Rural & Small Libraries Conference 9/14 - 9/17 & Library of Virginia

Meeting, Richmond 9/22 - 9/23. CAT

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www. russellcountyva.us

From: lonzo.lester russellcountyva.us To: lou.wallace russellcountyva.us; Lou Wallace; Tim Lovelace; carl.rhea russellcountyva.us; [email protected]; david.eaton

russellcountyva.us; steve.breeding russellcountyva.us; [email protected]; oris.christian russellcountyva.us; rebecca.dye russellcountyva.us

Cc: vicki.porter russellcountyva.us; loretta.vance russellcountyva.us Subject: Reminder: 2022 VACo Annual Conference Registration Form Date: Tuesday, July 5, 2022 12:47:00 PM

BOS Members – FYI.

From: Virginia Association of Counties [email protected] Sent: Tuesday, July 5, 2022 11:08 AM To: lonzo.lester russellcountyva.us [email protected] Subject: Reminder: 2022 VACo Annual Conference Registration Form

Register for VACo’s Premier Event Today!

The 2022 VACo Annual Conference

mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] Tracy Highlight

From: longo lester eusseleountwa.us

To! louwallace ruselcountwaus; Lou Wallace; Tim Lovelace; cashes suse deatondcableistv; david eaton cussalcountiva.us; stove breeding russelcountwa us; sbeednaGbvu.net; ors chest russalleauntwva.us; rebecca. d fusseleountva-us

ce: ‘iekLporterrussellcountwa.us ort vance russecountwa.us

Subject: Reminder: 2022 VACo Annual Conference Registration Frm

Date: Tuesday, July 5, 2022 12:47:00 PM.

BOS Members ~ FYI

VACo’s Premier Event | November 13-15

Greater Richmond Convention Center

Dear VACo Members:

As VACo’s biggest event of the year, the Annual Conference is a must for every Virginia County Supervisor and county staff member. Drawing in hundreds of officials, dozens of speakers, and a host of vendors and exhibitors, VACo’s Annual Conference provides opportunities to learn from others, grow in knowledge, and improve skills.

VACo’s Premier Event | November 13-15

Greater Richmond Convention Center

Dear VACo Members:

As VACo’s biggest event of the year, the Annual Conference is a must for every Virginia County Supervisor and county staff member. Drawing in hundreds of officials, dozens of speakers, and a host of vendors and exhibitors, VACo’s Annual Conference provides opportunities to learn from others, grow in knowledge, and improve skills.

The Annual Conference includes:

· General Sessions featuring elected officials, local leaders and policy/government experts discussing and analyzing issues

· Breakout Sessions designed to educate and enlighten

· Exhibit Hall featuring companies and organizations showcasing products and services unique to the needs of county government

· Hands-on workshops

· VACo’s Annual Business Meeting where the Legislative Program is adopted and the Board of Directors is elected for the upcoming year

· Steering Committee Meetings

· Multiple team-building and networking opportunities

· And Much More

Annual Conference Registration Form | Online Conference Registration

VACo 2022 and Beyond

This year’s theme is “Counties Governing the New Normal.” Counties are returning to the everyday but with some changes.

https://r20.rs6.net/tn.jsp?f=001U5U0TxACr0vB9P2E3-BhzdDuaL0K6Dsy2cq0K6oTpJpkHsvBsGUv7xkWB16EjOB7lXgP4VxuHPE7FLJ8KuYPvIZ1FBFnTuGBM1kSgirPxIRNszuXNznFboq91lXjqABgTm-6zUzrn_xZFwTQ_TYwi4DAcEbkQqbsL1ZkxgcBI6VP_O_GtmVvobq1bKFIzfbqNWTZIZDObttgDO3lvMfw1oVa8PTI82skP4INhnvKlDM=&c=n7XsIbTDEYCjxbEITsapJhhUbeTHl0BsIiJ3fHpMTYQjw-oBu5_vig==&ch=HSasy_CkwIuTmdNcngCDkft6EgqwXDsTSh5nhq7nMtoCGajaHO0JIA== https://r20.rs6.net/tn.jsp?f=001U5U0TxACr0vB9P2E3-BhzdDuaL0K6Dsy2cq0K6oTpJpkHsvBsGUv772FQApJRe1KjM-QZPDvzy7oGHORxAha2vaiQcGGvmIfeQZHkYEjABPUzwj1rdRL3JRWMImkvyCwactW7TXsZh-wGaqxPer5H8Qc4ZR1VY06TXeEWXxlCjq3dl-VDadi7qDptk-rgYugmKXkhYcYOzJtfKqf3Doiq4VIZvpY-E6_IGV9KrfboWc=&c=n7XsIbTDEYCjxbEITsapJhhUbeTHl0BsIiJ3fHpMTYQjw-oBu5_vig==&ch=HSasy_CkwIuTmdNcngCDkft6EgqwXDsTSh5nhq7nMtoCGajaHO0JIA== The Annual Conference includes:

  • General Sessions featuring elected officials, local leaders and policy/government experts discussing and analyzing issues

  • Breakout Sessions designed to educate and enlighten

  • Exhibit Hall featuring companies and organizations showcasing products and services unique to the needs of county government

  • Hands-on workshops

  • VACo’s Annual Business Meeting where the Legislative Program is adopted and the Board of Directors is elected for the upcoming year

  • Steering Committee Meetings

  • Multiple team-building and networking opportunities

  • And Much More

Annual Conference Registration Form | Online Conference Registration

VACo 2022 and Beyond

This year’s theme is “Counties Governing the New Normal.” Counties are returning to the everyday but with some changes.

With roughly 1,000 local government officials, state representatives, speakers and exhibitors in attendance, VACo’s Annual Conference is the perfect opportunity to learn and engage with peers from across the state.

Conference Logistics

All attendees are required to submit a conference registration form by mail, fax or online in order to be registered. For those new to the process, room reservations for this year’s annual conference are separate from the annual conference registration. The room reservation form will be released at a later date.

· Annual Conference Registration Form · Online Conference Registration

Call 804.343.2507 and ask for Valerie Russell if you need more information.

VACo Contact

If you have questions about the annual conference registration form or room reservations, contact Valerie Russell at [email protected] or 804.343.2507.

REGISTER NOW!

Connect with us

https://r20.rs6.net/tn.jsp?f=001U5U0TxACr0vB9P2E3-BhzdDuaL0K6Dsy2cq0K6oTpJpkHsvBsGUv7xkWB16EjOB7VREZqd6irnbx6K-wqxfq7C9kSIk4u3RQHQLYTbYTWpc7YO3F0C3TJ2ZC_JlEe9mdI4DgWPBSPJnyM0lzvXPcer7uW4nwUhO8IQ7josSlrwY-tSEeJOEMLBi3Uv3cU4K6nl7QYASiICu0Q8lY-Bc0KBFmqKSqmvWS&c=n7XsIbTDEYCjxbEITsapJhhUbeTHl0BsIiJ3fHpMTYQjw-oBu5_vig==&ch=HSasy_CkwIuTmdNcngCDkft6EgqwXDsTSh5nhq7nMtoCGajaHO0JIA== https://r20.rs6.net/tn.jsp?f=001U5U0TxACr0vB9P2E3-BhzdDuaL0K6Dsy2cq0K6oTpJpkHsvBsGUv7xkWB16EjOB7lXgP4VxuHPE7FLJ8KuYPvIZ1FBFnTuGBM1kSgirPxIRNszuXNznFboq91lXjqABgTm-6zUzrn_xZFwTQ_TYwi4DAcEbkQqbsL1ZkxgcBI6VP_O_GtmVvobq1bKFIzfbqNWTZIZDObttgDO3lvMfw1oVa8PTI82skP4INhnvKlDM=&c=n7XsIbTDEYCjxbEITsapJhhUbeTHl0BsIiJ3fHpMTYQjw-oBu5_vig==&ch=HSasy_CkwIuTmdNcngCDkft6EgqwXDsTSh5nhq7nMtoCGajaHO0JIA== https://r20.rs6.net/tn.jsp?f=001U5U0TxACr0vB9P2E3-BhzdDuaL0K6Dsy2cq0K6oTpJpkHsvBsGUv772FQApJRe1KjM-QZPDvzy7oGHORxAha2vaiQcGGvmIfeQZHkYEjABPUzwj1rdRL3JRWMImkvyCwactW7TXsZh-wGaqxPer5H8Qc4ZR1VY06TXeEWXxlCjq3dl-VDadi7qDptk-rgYugmKXkhYcYOzJtfKqf3Doiq4VIZvpY-E6_IGV9KrfboWc=&c=n7XsIbTDEYCjxbEITsapJhhUbeTHl0BsIiJ3fHpMTYQjw-oBu5_vig==&ch=HSasy_CkwIuTmdNcngCDkft6EgqwXDsTSh5nhq7nMtoCGajaHO0JIA== mailto:[email protected] https://r20.rs6.net/tn.jsp?f=001U5U0TxACr0vB9P2E3-BhzdDuaL0K6Dsy2cq0K6oTpJpkHsvBsGUv7xkWB16EjOB7lXgP4VxuHPE7FLJ8KuYPvIZ1FBFnTuGBM1kSgirPxIRNszuXNznFboq91lXjqABgTm-6zUzrn_xZFwTQ_TYwi4DAcEbkQqbsL1ZkxgcBI6VP_O_GtmVvobq1bKFIzfbqNWTZIZDObttgDO3lvMfw1oVa8PTI82skP4INhnvKlDM=&c=n7XsIbTDEYCjxbEITsapJhhUbeTHl0BsIiJ3fHpMTYQjw-oBu5_vig==&ch=HSasy_CkwIuTmdNcngCDkft6EgqwXDsTSh5nhq7nMtoCGajaHO0JIA== With roughly 1,000 local government officials, state representatives, speakers and exhibitors in

attendance, VACo’s Annual Conference is the perfect opportunity to learn and engage with peers from across the state.

Conference Logistics

All attendees are required to submit a conference registration form by mail, fax or online in order to be registered. For those new to the process, room reservations for this year’s annual conference are separate from the annual conference registration. The room reservation form will be released at a later date.

. 1. Confé Registration F

  • Online Conference Registration

Call 804.343.2507 and ask for Valerie Russell if you need more information.

‘VACo Contact

Ifyou have questions about the annual conference registration form or room reservations, contact Valerie Russell at [email protected] or 804.343.2507.

GISTER NOW!

Connect with us

Tracy Highlight

President cc

Meg Bohmke Stafford County

President-Elect Jason D. Bellows Lancaster County

First Vice President ‘Ann H. Malek ‘Albemarle County

Second Vice President Ruth Larson James City County

Secretary-Treasurer Donald L. Hart, Jr ‘Accomack County

Immediate Past President Jeffrey C. Mckay Fairfax County

Executive Director Dean A. Lynch, CAE

General Counsel Phyllis A. Erico, Esq., CAE

4207 E. Main St, Suite 300 Richmond, Va. 23219-3627

Phone: 804.788.6652 Fax: 804.788.0083

Email: [email protected] Website: www.vaco.org

Virginia Association of Counties:

Connecting County Governments since 1934

August 31, 2022

The Honorable Lou Wallace, Chairperson Russell County Board of Supervisors

137 Highland Drive

Suite A

Lebanon, VA, 24266

Dear Chairperson Wallace,

On behalf of the Virginia Association of Counties, thank you for supporting our Regions 12 and 13 meeting last week. We are very grateful for your warm welcome to the County and for the hard work of your team in making all the arrangements for a successful event. We always appreciate your hospitality, and we thank you for making such a wonderful venue available for us to share ideas and priorities and to hear about top issues of concern in the region. We look forward to seeing you again soon!

With appreciation,

hu…

Dean A. Lynch, CAE Executive Director

ce: ‘The Honorable Oris Christian, Vice Chairman, Russell County Board of Supervisors ‘The Honorable Tim Lovelace, Russell County Board of Supervisors ‘The Honorable Carl Rhea, Russell County Board of Supervisors The Honorable David Eaton, Russell County Board of Supervisors The Honorable Steve Breeding, Russell County Board of Supervisors The Honorable Rebecca Dye, Russell County Board of Supervisors

www.apa.virginia.gov | (804) 225-3350 | [email protected]

July 22, 2022

The Honorable Ann S. McReynolds
Clerk of the Circuit Court
County of Russell

Lou Ann Wallace, Board Chairperson County of Russell

Audit Period: April 1, 2021, through March 31, 2022
Court System: County of Russell

We have audited the cash receipts and disbursements of the Clerk of the Circuit Court for this locality for the period noted above. Our primary objectives were to test the accuracy of financial transactions recorded on the Court’s financial management system; evaluate the Court’s internal controls; and test its compliance with significant state laws, regulations, and policies.

Management’s Responsibility

Court management has responsibility for establishing and maintaining internal controls and complying with applicable laws and regulations. Internal control is a process designed to provide reasonable, but not absolute, assurance regarding the reliability of financial reporting, effectiveness and efficiency of operations, and compliance with applicable laws and regulations. Deficiencies in internal controls could lead to noncompliance with laws and regulations, the loss of assets or revenues, or otherwise compromise the Clerk’s fiscal accountability.

We noted no matters involving internal control and its operation necessary to bring to

management’s attention.

Tracy Highlight

Tracy Highlight

Tracy Highlight

Commonwealth of Virginia

Auditor of Public Accounts

Staci A. Henshaw, CPA. PO. Bax 1295 Auditor of Public Accounts Richmond, Virgin 23218,

July 22, 2022

Management’s Responsibility

Court management has responsibility for establishing and maintaining internal controls and complying with applicable laws and regulations. Internal control is a process designed to provide reasonable, but not absolute, assurance regarding the reliability of financial reporting, effectiveness and efficiency of operations, and compliance with applicable laws and regulations. Deficiencies in internal controls could lead to noncompliance with laws and regulations, the loss of assets or revenues, or otherwise compromise the Clerk’s fiscal accountability.

We noted no matters involving internal control and its operation necessary to bring to management’s attention.

www.apa.virginia.gov | (804) 225-3350 | [email protected]

Ann S McReynolds, Clerk of the Circuit Court Lou Ann Wallace, Board Chairperson July 22. 2022 Page Two

We acknowledge the cooperation extended to us by the Clerk and her staff during this engagement.

Staci Henshaw AUDITOR OF PUBLIC ACCOUNTS

LJH:rh

cc: The Honorable Brian K. Patton, Chief Judge Lonzo Lester, County Administrator Paul F. DeLosh, Director of Judicial Services Supreme Court of Virginia Director, Admin and Public Records Department of Accounts

Ann S McReynolds, Clerk of the Circuit Court Lou Ann Wallace, Board Chairperson

July 22. 2022

Page Two

We acknowledge the cooperation extended to us by the Clerk and her staff during this engagement.

Staci Henshaw AUDITOR OF PUBLIC ACCOUNTS

UH:rh

cc: The Honorable Brian K. Patton, Chief Judge Lonzo Lester, County Administrator Paul F. DeLosh, Director of Judicial Services Supreme Court of Virginia Director, Admin and Public Records Department of Accounts

Tracy Highlight

Tracy Highlight

Tracy Highlight

Ani.

BAIA Document A101 - 2017

Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum

AGREEMENT made as of the AGREEMENT made as of the Twenty-ninth day of June in the

year Two Thousand Twenty-two @n words, indicate day, month and year.)

BETWEEN the Owner:

(ame, legal status, address and other information) Ths document has exporant

i is encouraged with respect to

Lebanon, Virginia 24: Its completion or modification ‘The parties should complete and the Contractor: A1010-2017, Exhibit A,

r information) Insurance and Bonds, (Name, legal status, address and other information) ea

Ken Construction Company, Ine. ‘ave: 2017, Caneel Con

‘A201-2017, General Concitions fof the Contract for Construction, is adopted inthis document by reference. Do not use with other

{general conditions unless this ‘documents modified,

3966 Cross Roads Lebanon, Virginia 24266

for the following Project: (Name, location and detaited description)

Renovation of Dante Depot Facility

The Architect: (Name, legal status, address and other information)

‘The Owner and Contractor agree as follows.

‘AIA Document A1O1®— 2017, Copyight © 1918 1918 1925, 1037, 1051, 158, 1951, 1969. 1067, 1976, 1077, 1987, 1993, 1997, 207 and 2017 by The ‘American Instlte of Archlets. All ights reserved. Tho “Amorican situs of Arhiteci “AIA,” the AIA Logo, “A101,” and “AIA Convact Documents” aro ‘registered vademarks and may nol be used wiheut permission This document was produced by IA sofware ot 14 4:21 ET on 07/1/2022 under Ordo? 'No.2114288001 which expres on 03/10/2023 8 not for rs

DDacumonis® Teans of Sovice To report copyright vlan, User Notes: (1962555458)

Ani.

TABLE OF ARTICLES

1 ‘THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4 CONTRACT sutt

5 PAYMENTS

6 DISPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

EXHIBIT A INSURANCE AND BONDS

ARTICLE 1 THE CONTRACT DOCUMENTS

‘The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, ot agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9, ARTICLE 2. THE WORK OF THIS CONTRACT

‘The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others.

ARTICLE 3. DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

§ 3 The date of commencement of the Work shall be:

(Check one of the following boxes.)

[1 The date of this Agreement

[XDA date set forth in a notice to proceed issued by the Owner.

{1 Bstablished as follows Ainsert a date or a means to determine the date of commencement of the Work.)

Ifa date of commencement of the Work is not selected, then the date of commencement shall be the date of this, Agreement.

§ 3.2 The Contract Time shall be measured from the date of commencement of the Work.

{§ 3.3 Substantial Completion

§ 3.3.4 Subject to adjustments of the Contract Time as provided in the Co achieve Substantial Completion of the entire Work:

(Check one of the following boxes and complete the necessary information )

ract Documents, the Contractor shall

[AIA Document A1O1°- 2017. Copyright© 1916, 1970, 126, 1937, 1954, 1058, 196, 1063, 1967. 1974, 1077, 1987, 1091, 1997, 2007 and 2017 by Th ‘American Inliut of Acilecls AN gts reserved Tho “American insite of Arnos, AIA” ‘Ot, and “AIA Contact Docoments fedllered vadomarks nd may note Used wihout peeisuicn Ths document was produced by AIA software at 14.4321 ET on 07/11/2022 under Ordon 'No:2114260001 which expires on 03/10/2023, sna for resale, is leansed fron DDocumenis® Terms of Seria, To report copyright votalions,e-ma copyight@ sor Notas:

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| {XJ Not later than one hundred twenty ( 120 ) calendar days from the date of commencement of the Work. [1 Bythe following date:

§ 8.3.2 Subject 1 adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates:

Portion of Work ‘Substantial Completion Date

§ 3.3.3 Ifthe Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5.

ARTICLE 4 CONTRACT SUM § 44 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the

Contract. The Contract Sum shall be Three Hundred Eighteen Thousand Dollars and Zero Cents (S 318,000.00 ), subject to additions and deductions as provided in the Contract Documents.

§ 4.2 Alternates § 4.2.4 Alternates, if any, included in the Contract Sum: Item Price | NA

§ 4.2.2 Subject to the conditions noted below, the following altemates may be accepted by the Owner following ‘execution of this Agreement. Upon acceptance, the Owner shal issue a Modification to this Agreement. (insert below each alternate and the conditions that must be met for the Owner to accept the alternate.)

Item Price Conditions for Acceptance | NA

§ 43 Allowances, if any, included in the Contract Sum: (densify each allowance.)

Item Price | NA

§ 44 Unit prices, if any: (ldentify the item and state the unit price and quantity imitations, fany, to which the unit price will be applicable.)

Nem ‘Units and Limitations Price per Unit ($0.00) | NA

§ 4.5 Liquidated damages, if any: (insert terms and conditions for liquidated damages, ifany:)

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§ 46 Other: (insert provisions for bonus or other incentives, ifany, that might result in a change to the Contract Sum)

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‘IA Document At01®- 2017. Copyright © 1916, 1918, 1925, 1937, 1951, 1958, 1961, 1963. 1967, 1974, 1977, 1987, 1991. 1997, 2007 and 2017 by The ‘American Inaiute of Archtets. Al ighs reserved. The “American Inslo of Acitects “AIA, the AIA Logo, “ADI,” and “AIA Cenract Documonts” are ‘eglsered vademorks and may nol be used wahout permission This document was produced by AIA software at 1449 21 ET on 07/11/2022 under Order 102114268001 which expires on 03/10/2023, sna for resale, fs Hcansod for ono-me uso only, and may only be used in accordance wih the AIA Contract sms of Service. To rport copyright voaons, email [email protected], (1162555458)

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ARTICLE 5 PAYMENTS

§ 5.1 Progress Payments

§ 5.144 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the ‘Contractor as provided below and elsewhere in the Contract Documents

§ 8.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:

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§ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 25" day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 25% day of the following month, Ifan Application for Payment is received by the Architect after the application date fixed above, payment of the ‘amount certified shall be made by the Owner not later than sixty ( 60 ) days after the Architect receives the Application for Payment.

(Federal, state or local laws may require payment within a certain period of time.)

§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents, The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment.

§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment

§ $.1.6 In accordance with AIA Document A201™ 2017, General Conditions of the Contract for Construction, and

‘subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

§ 5.1.6.1 The amount of each progress payment shall first include:

1 That portion of the Contract Sum properly allocable to completed Work;

2 That portion of the Contract Sum property allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site ata location agreed upon in writing; and

  1. That portion of Construction Change Directives that the Architect determines, in the Architect’s professional judgment, to be reasonably justified.

§ 5.1.6.2 The amount of each progress payment shall then be reduced by:

A The aggregate of any amounts previously paid by the Owner;

2 Theamount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201 2017;

3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends 10 pay;

4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole ori part, as provided in Article 9 of AIA Document A201-2017; and

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§-5:4h7:44 The following-items are-not-subject to-retainage: finsertany items not nibieet-to the withholding of retainage, such av general conditions; insurance ete)

§-5:4-7:2 Reduction or limitation of retainage, ifany, shall be as Follows: fthe-retainage-established in Section 5.1.7.1 és to-be modified prion-4o-Substantial- Completion of the entive- Work, ieliding- modifications for Substantial Completion of portions of the Works provided in Section 33:2, insert

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§ 5.2 Final Payment § 5.2.4 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when A. the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Article 12 of AIA Document A201 2017, and to satisfy other requirements, if any, which extend beyond final payment; and 2 a final Certificate for Payment has been isstied by the Architect.

§ 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the ct’s final Certificate for Payment, or as follows:

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§ 5.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, ifany,)

‘one (1). % monthly.

ARTICLE 6 DISPUTE RESOLUTION

§ 6-4 Initia! Decision Maker

‘The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201. 2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker.

(fthe parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker. if other than the Architect.)

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‘Tin Document A1GI®— 2047, Copyaight © 1916, 1978, 1025, 1037, 1961, 1968, 1961, 1969, 1067, 1074, 1977, 1987, 1901, 1997, 2007 and 2017 by The ‘American Insite of Archilects Al igts reserved The “American Insitute ct Achicts” “AIA” the AIA Logo, “A104, and “AIA Contract Documents. aro focistrad trademarks and may nok be used witout permiss on. This document was produced by AIA software at 14:49:21 ET on 07/11/2022 under Order 'No.2114288001 which expices on 037102023, le not or e¥ale, Is lcensed for ane-timause ely. and may ony be used in accordance with the AVA Contract

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§ 6.2 Binding Dispute Resolution

For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201 2017, the method of binding dispute resolution shall be as follows:

(Check the appropriate box.)

[ ] Arbitration pursuant to Section 15.4 of AIA Document A201 2017 (XQ Litigation in a court of competent jurisdiction

{1 Other (Specify)

Ifthe Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently ageee in writing toa bi ispute resolution method other than litigation, Claims will be resolved by litigation in a court of ‘competent jurisdiction.

ARTICLE 7 TERMINATION OR SUSPENSION

§ 74 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of ALA Document A201-2017.

§ 7.1.1 Ifthe Contract is terminated for the Owner’s convenience in accordance with Article 14 of AIA Document A201-2017, then the Owner shall pay the Contractor a termination fee as follows:

(sert the amount of, or method for determining, the fee. ifany, payable to the Contractor following a termination for the Owner’s convenience.)

§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 2017.

ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.4 Where reference is made in this Agreement to a provision of AIA Document A201 2017 or another Contract,

Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.

§ 8.2 The Owner’s representative: (Name, address, email address, and other information)

Mr, Lonzo Lester

Russell County Board of Supervisors 157 Highland Drive Lebanon, Virvini24266

§ 8.3 The Contractor’s representative: (Name, address, email address, and other information)

‘Lois Morrison

Ken Construct

3266 Cross Roads Lebanon, Virginia 24266

§ 8.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days" prior notice to the other party.

{AIA Document AtO1® - 2017. Copyight © 1915, 918.1825, 1997. 1951. 1958, 1961, 1069, 1067, 1074, 1077, 1987, 1991, 1997, 2007 and 2017 by The ‘Amorican insite of Archiecs. Al ighls reserved. The “Arnicanlasits of Archtets, AVA. tho AA Logo “A101. and “AIA Coneact Dacumenie are registeree vadomarks and may not ba used witout permission. Ths document was produced by AIA software at 14 43:21 ET on 7/11/2022 under Order 'No.2114288094 which exprs on 03/10/2025, isnot for rasa, sIconsod for one-meuse only ané may only be Used m accordance wilh the AIA Colac Documenis® Tams of Sorvce. To report copyright volaions, ma’ copyright@sia org

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§ 8.5 Insurance and Bonds

§ 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A101™-2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents

§ 8.5.2 The Contractor shall provide bonds as set forth in AIA Document ALOI™ 2017 Exhibit A, and elsewhere in the Contract Documents.

§ 8.6 Notice in electronic format, pursuant to Article | of ALA Document A201-2017, may be given in accordance ‘with AIA Document E203™- 2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below:

(other than in accordance with AIA Document E203 2013, insert requirements for delivering notice in electronic format such as name, ttle, and email address of the recipient and whether and how the system will be required to ‘generate a read receipt for the transmission.)

NA § 8,7 Other provisions: NA ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: AIA Document A101™-2017, Standard Form of Agreement Between Owner and Contractor

2 AIA Document A101™-2017, Exhibit A, Insurance and Bonds ‘3 AIA Document A201™-2017, General Conditions of the Contract for Construction

‘A AIA Document E203™ 2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement) 5 Drawings Numb Titlo Date Exhibit B Drawing Index & Specifications Section Title Date Pages Exhibit ‘Table of Contents 2 7 Addenda, itany: Number Date Pages ‘Addendum No, 001 93:30-22 3 ‘Addendum No. 002 03-31-22 6

Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9.

8 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.)

[1 AIA Document E204™-2017, Sustainable Projects Exhibit, dated as indicated below: (insert the date of the E204-2017 incorporated into this Agreement.)

‘NA Document ATO1® 2017. Copyright® 1915. 1918, 1926, 1997, 1951, 1956, 1961, 1963, 1967, 1974, 1077, 1967, 1091, 1997. 2007 and 2017 by The ‘American Insitute of Arclacle. Al aghs reserved. The “Amoican instiueof Architects, “AVA” tho AIA Logo, A101," and “AIA Contract Documents are ‘ealstored trademarks and may oot be used vhost permission Ths document was produced by AA software at 14:49:21 ET on 07/11/2022 under Order 1 No.2114288001 which expires on 03/10/2023, sna for rosala, i censed for one-time use ony, and may only be used m accordance wih the AVA Contract

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[1 The Sustainability Plan.

Title Date Pages

| [XJ Supplementary and other Conditions of the Contract:

Document Title Date 007310 ‘Supplementary General Conditions

9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201™-201 ? provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor’s bid or proposal, portions of Addenda relating to bidding or proposal ‘requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if mtended to be part of the Contract Documents.)

‘This Agreement entered,into as of the day and year first written above.

Bese d Wargo

| Mr, Lonzo Lester, Russell County Administrator Lois Morrison, President a ‘Printed name and ttle) (Printed name and ttle)

tnt, NA Document A101°— 2047. Copyright © 1915, 1018, 625, 1997, 1951, 1980, 1861, 1963, 1967, 1974 1977. 1987, 1991, 1997, 2007 and 2017 by The Init. American Insitute of Archilects. Al igs reserved The "American inlul ofAreieeis "AIA the AIA Log, “AYO,” and AIA Contact Documonts are ‘ag)stred vademarks and may nol be used without permission This document was produced by NA sofware a 443.21 ET on 07/1/2022 under Order 1 No.2114280091 which expires on 03/10/2023, snot or rosalo, is Icensed for one-time usa only and may only bo Used accordance withthe AIA Contact Documents® Terms of Service. To report copyightvlaons, e-mail [email protected],

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Certification of Document’s Authenticity AlA® Document D401™ - 2003

1, Bill Thompson, AIA, hereby certify, to the best of my knowledge, information and belief, that [created the attached

document simultancously with this certification at 14:43:21 ET on 07/11/2022 under Order No. 2114288091 from AlA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A101™ 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Supulated Sum, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text.

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‘ik Document 0401 - 2003. Copyrigh ® 1992 and 2003 by Tho Amencan instivie of Architects. Allright reserved. The ‘Ame! 'AIA" tho AIA LogD and ‘AIA Conrat Documents” ara ropsivad trademarks and may not be used wahoutpermssion This document was produced by AIA sofware at 1443.21 EF on 071172022 under Ordo No 2114200091 which expres on 03107202315 no for rsa is ans fr one-time use ony. and moy only bo used accordance th ho AIA Contract Documants* Terme of Serica Toropor copygh vations e-mail [email protected]

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BAIA Document A101° — 2017 Exhibit A

Insurance and Bonds

‘This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the

Contractor, dated the Twenty-ninth day of June in the year Two Thousand Twenty-two (In words, indicate day, month and year)

for the following PROJECT: (Name and location or address)

This document has important legal consequences, Consultation with an attorney

Js encouraged with respect to

{ts completion oF maditeation,

‘This document is intended to be

Renovation of Dante Depot Facility

‘THE OWNER: (Name, legal status and address)

Russell County Board of Supervisors ‘used in conjunction with AVA 137 Highland Drive Becumen 2010-2017, Gener Lebanon, Virginia 24266 onions of he Catect ‘THE CONTRACTOR: Ano ais ea

(Name, legal status and address)

Ken Construction Company, Inc.

3966 Cross Roads

‘Lebanon, Virginia 24266

TABLE OF ARTICLES

‘Ad GENERAL,

‘A2 —_ OWNER’S INSURANCE

A3 CONTRACTOR’S INSURANCE AND BONDS Ad SPECIAL TERMS AND CONDITIONS ARTICLE A GENERAL

‘The Owner and Contractor shall purchase and maintain insurance, and provide bonds, as set

forth in this Exhibit. As used in this Exhibit, the term General Conditions refers to ALA. Document A201™- 2017, General Conditions of the Contract for Construi

ARTICLE A.2 OWNER’S INSURANCE

§ A24 General

Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required under this Article A.2 and, upon the Contractor’s request, provide a copy of the property insurance policy or policies required by Section A.2.3. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements.

§ A.22 Liability Insurance ‘The Owner shall be responsible for purchasing and maintaining the Owner’s usual general liability insurance,

‘AIA Document A101 - 2017 Exhibit A. Copyright ©2017 by The American nse of Architects. Al ght reserved. The “Arorican insite of Archtcts, “AA the AIA Loge, A101." and “AIA Coniraci Documents are registered rademarks and may nel bo Used witheut permssion This documont was produced by AIA ‘software a 1:41:10 on 0710172022 undor Order No21 14288081 which expres on 03/10/2025, snot fo rosla is beansed or anes Use oly, may only bo usod in accordance wth the AIA Convact Documanis* Terms of Service, To por copyaght volatons o:mall copyight@ala x,

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§ A2.3 Roquired Property Insurance

§ A231 Unless this obligation is placed on the Contractor pursuant to Section A.3.3.2.1, the Owner shall purchase ‘and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the Jurisdiction where the Project is located, property insurance written on a builder’s risk “all-risks" completed value or ‘equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The ‘Owner’s property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section A.2.3.1.3, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the interests of the Owner, Contractor, Subcontractors, and Sub-subcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss payecs.

§ A.2.3…4 Causes of Loss. The insurance required by this Section A.2.3.1 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood, or windstorm. The insurance shall also provide coverage for ensuing loss or resulting damage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or materials. Sub-limits, ifany, are as follows:

(indicate below the cause of loss and any applicable sub-limit,)

Causes of Loss ‘Sub-Limit None Not Applicable

§ A.2.3.1.2 Specific Required Coverages. The insurance required by this Section A.2.3.1 shall provide coverage for loss ‘or damage to falsework and other temporary structures, and to building systems from testing and startup. The insurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and reasonable compensation for the Architect’s and Contractor’s services and expenses required as a result of such insured loss, including claim preparation expenses. Sub-limits, if any, are as follows:

(Indicate below type of coverage and any applicable sub-limit for specific required coverages.)

Coverage Sub-Limit None Not Applicable

§ A2.3.4.3 Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance required by Section A.2.3.1 of, ifnecessary, replace the insurance policy required under Section A.2.3.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 12.2.2 of the General Conditions.

§ A2.3.14 Deductibles and SelfInsured Retentions. If the insurance required by this Section A.2.3 is subject to deductibles or self-insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions.

§ A2.3.2 Occupancy or Use Prior to Substantial Completion. The Owner’s occupancy or use of any completed or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance ‘company or companies providing the insurance under Section A.2.3.1 have consented in writing to the continuance of coverage, The Owner and the Contractor shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless they agree otherwise in writing.

§ A233 Insurance for Existing Structures

Ifthe Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, “all-risks" property insurance, on a replacement cost basis, protecting the existing structure against direct physical loss or damage from the causes of loss identified in Section A.2.3.1, notwithstanding the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties,

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‘AIA Document AYOI®~ 2017 Exhibit A. Copyight © 2017 by The American iatute of Architects. Alrights reserved, The “American nau the AIA Logo, “A101 andAIA Contact Documents are egileed Vademarks and may nol be used witout permission This document was produced by AIA tolware at 16.4110 EY 0n 07/03/2022 under Order No.2 14280001 wich expres on 03/10/2023, fmol or cesala, fs iconsed for one-me use ony, and may only bb used n accordance wih he AIA Contract Decumans® Terms of Service. To repo copyright viltons, [email protected].

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§ A.2.4 Optional Extended Property Insurance,

‘The Owner shall purchase and maintain the insurance selected and described below.

(Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next (0 the description(s) of selected insurance. For each type of tnsurance selected, indicate applicable limits of coverage or ‘other conditions in the fll point below the selected item.)

[1 § A244 Loss of Use, Business Interruption, and Delay in Completion Insurance, to reimburse the ‘Owner for loss of use of the Owner’s property, or the inability to conduct normal operations due to a covered cause of loss.

{] § A242 Ordinance or Law insurance, for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition, construction, repair, replacement or use of the Project.

[| § A243 Expediting Cost insurance, forthe reasonable and necessary costs for the temporary repair of ‘damage to insured property, and to expedite the permanent repair or replacement of the damaged property

[ ] § A244 Extra Expense Insurance, to provide reimbursement of the reasonable and necessary excess ‘costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred during the same period of time had no loss oF damage occurred.

(| § A245 Civil Authority Insurance, for losses or costs arising from an order of a civil authority prohibiting access to the Project, provided such order isthe direct result of physical damage covered under the required property insurance,

[1 § A246 ingress/Egrass Insurance, for loss due to the necessary interruption of the insureds business due to physical prevention of ingress to, or egress from, the Project as a direct result of physical damage.

[ ] §A24,7 Soft Costs insurance, to reimburse the Owner for costs due to the delay of completion of the Work, arising out of physical loss or damage covered by the required property insurance: including construction loan fees; leasing and marketing expenses; additional fees, including those of architects, engineets, consultants, atorneys and accountants, needed for the completion of the construction, repairs, of reconstruction; and carrying costs such as property taxes, building permits, additional interest on loans, realty taxes, and insurance premiums over and above normal expenses.

§ A.2.5 Other Optional insurance. The Owner shall purchase and maintain the insurance selected below.

(Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance.)

[AIA Document A101°- 2017 Exhibit A. Copyeght ©2017 by The American instiute of Architects Allghte eserved. The Amencan iste ol Aches AI {he AIA Log, “A101” and AIA Contract Documents” are registred ademarks end may nat bo used wifau permision Tis document was produced by AIA

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{1 § 2.5: Cybor Security Insurance for toss to the Owner due to data security and privacy breach, including costs of investigating a potential or actual breach of confidential or private information. (ndicate applicable limits of coverage or other conditions in the fill point below.)

[1 §.A25.20ther Insurance (List below any other insurance coverage to be provided by the Owner and any applicable limits.)

Coverage Limits

ARTICLE A.3_ CONTRACTOR’S INSURANCE AND BONDS

§ A3.1 General

§ A3.1.4 Certificates of insurance, The Contractor shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article A.3 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each requited policy of insurance; and (3) upon the Owner’s written request. An additional certificate evidencing continuation of commercial liability coverage, including coverage for ‘completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section A.3.2.1 and Section A.3.3.1. The certificates will show the Owner as an additional insured on the Contractor’s Commercial General Liability and excess ‘or umbrella liability policy or policies.

§ A3.1.2 Deductibles and Solf-nsured Retentions. The Contractor shall disclose to the Owner any deductible or self insured retentions applicable to any insurance required to be provided by the Contractor.

§ A.3.1.3 Additional Insured Obligations. To the fullest extent permitted by law, the Contractor shall cause the commercial general liability coverage to include (1) the Owner, the Architect, and the Architect’s consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions for which loss occurs during completed operations. The additional insured ‘coverage shall be primary and non-contributory to any of the Owner’s general liability insurance policies and shall, apply to both ongoing and completed operations. To the extent commercially available, the additional insured ‘coverage shall be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 20 1007 04, CG 20 37 07 04, and, with respect to the Architect and the Architect’s consultants, CG 20 32 07 04,

§ A3.2 Contractor’s Required Insurance Coverage

§ A3.24 The Contractor shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below:

(the Contractor is required to maintain insurance for a duration other than the expiration of the period for correction of Work, state the duration.)

§ A3.2.2. Commercial General Liability § A3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than one million dollars ($ 1,000,000.00 ) each occurrence, two million dollars ($ 2,000,000,00 ) general aggregate, and one million dollars ($ 1,000,000.00 ) aggregate for products-completed operations hazard, providing coverage for claims including

A damages because of bodily

death of any person; 2 personal injury and advertising injury;

jury,

skness or disease, including occupational sickness or disease, and

‘AIX Document A101°- 2017 ExhIbIt A. Copyigh © 2017 by The American Intulo of Archiecs, Nigh reserved. The “American insiule ol Arcilecls.AIA Ihe AIA Lago, “A101,” and "AIA Contract Documenis” ar reqlstared trademarks and may not be used walout permission. This document was produced by AIA Sofware at f5:41-10 ET on 0701/2022 under Order No21 14288001 which axes on 09/10/2025, sno for resale, Is leensedfr one-time use nly, and moy only be used in acocdance with the AIA Contract Documents? Terms of Sanco. To report copyright velatons, e-mal copyight@aaorg.

Usor Notes: (1700228721)

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3 damages because of physical damage to or destruction of tangible property, including the loss of use of such property;

4 bodily injury or property damage arising out of completed operations; and

5 the Contractor’s indemnity obligations under Section 3.18 of the General Conditions.

§ A3.2.2.2 The Contractor’s Commercial General Liability policy under this Section A.3.2.2 shall not contain an ‘exclusion or restriction of coverage forthe following: 1 Claims by one insured against another insured, if the exclusion or restriction is based solely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim. 2 Claims for property damage to the Contractor’s Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor. 3 Claims for bodily injury other than to employees of the insured. 4 Claims for indemnity under Section 3.18 of the General Conditions arising out of injury to employees of the insured. § Claims or loss excluded under a prior work endorsement or other similar exclusionary language, 6 Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language. Claims related to residential, multi-family, or other habitational projects, ifthe Work is to be performed ‘on such a project. 8 Claims related to roofing, if the Work involves roofing. 9 Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces. 40 Claims related to earth subsidence or movement, where the Work involves such hazards. M1 Claims related to explosion, collapse and underground hazards, where the Work involves such hazards.

§ A323 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Contractor, with policy limits of not less than one million dollars (S 1,000,000.00 ) per accident, for bodily injury, death of any person, and

property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage.

§ A.3.24 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under Section A.3.2.2 and A.3,2.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only ‘through the actual payment by the underlying insurers.

§ 3.2.5 Workers’ Compensation at statutory limits.

§ A3.26 Employers’ Liability with policy limits not less than five hundred thousand dollars ($ 500,000.00 ) each accident, five hundred thousand dollars ($ 500,000.00 ) each employee, and five hundred thousand dollars ($ ‘500,000.00 ) policy limi

§ A327 Jones Act, and the Longshore & Harbor Workers’ Compensation Ac, as required, if the Work involves hazards arising from work on or near navigable waterways, including vessels and docks

§ A328 If the Contractor is required to furnish professional services as part of the Work, the Contractor shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than ‘one million dollars ($ 1,000,000.00 ) per claim and one million dollars ($ 1,000,000.00 ) in the ageregate,

§ A329 If the Work involves the transport, dissemination, use, or release of pollutants, the Contractor shall procure Pollution Liability insurance, with policy limits of not less than one million dollars ($ 1,000,000.00 ) per claim and ‘wo million dollars ($ 2,000,000,00 ) in the aggregate.

{RIA Docurnont A101® 2017 Exhibit A. Copyright © 2017 by Tho American Inala of Architects Alright served The “American insula oF Archicts, “AIA the AIA Logo, “A1D1 "and AIA Contact Doeaments ace regtered ademarks and may nl be used witout permsson. Tis documont was produced by AIA ‘sofware at 18 41:10 €T on 0700172022 under Order No 2114280091 which oxprs on 0311012023, Ina for rsa, eleansad for onesie use ony, and may only bbe used in accordance wth the AIA Contract Documons® Tarms of Service, To repo copyright violalons, -mal eopyght@ele. or

User Notes: (1700229721)

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§AB2AH te " a " - § A.3.3 Contractor’s Othor Insurance Coverage

§ A.3.3.1 Insurance selected and described in this Section A.3.3 shall be purchased from an insurance company or insurance companies lawfully authorized (o issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below:

(the Contractor is required to maintain any of the types of insurance selected below for a duration other than the expiration of the period for correction of Work, state the duration.)

the Worle requires sue! ses

of insurance in accordance with

§ A332 The Contractor shall purchase and maintain the following types and lit Section A.3.3.1.

(Select the types of insurance the Contractor is required to purchase and maintain by placing an X in the box(es) next {0 the description(s) of selected insurance. Where policy limits are provided, include the policy limit in the ‘appropriate fill point.)

(X_ §A33.244 Property insurance of the same type and scope satisfying the requirements identified in Section A.2.3, which, if selected in this section A.3.3.2.1, relieves the Owner of the responsibilty to purchase and maintain such insurance except insurance required by Section A.2.3.1.3 and Section ‘4.2.3.3. The Contractor shall comply with all obligations of the Owner under Section A.2.3 except to the extent provided below. ‘The Contractor shall disclose to the Owner the amount of any deductible, and the Owner shall be responsible for losses within the deductible, Upon request, the Contractor shall provide the Owner with a copy of the property insurance policy or policies required. The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article [1 of the General Conditions unless otherwise set forth below:

(Where the Contractor’s obligation to provide property insurance differs from the Owner’s obligations as described under Section 4.2.3, indicate such differences in the space below. Additionally, if party other than the Owner will be responsible for adjusting and settling a loss withthe insurer and acting as the trustee of the proceeds of property insurance in accordance with Article I1 of the General Conditions, indicate the responsible party below:)

{ ] §A33.2.2 Railroad Protective Liability Insurance, with policy limits of not less than ($_) per claim and (S ) in the aggregate, for Work within fifty (50) feet of railroad property.

[ 1] § A33.2.3 Asbestos Abatement Liability Insurance, with policy limits of not less than (S_ ) per claim and ($ _) in the aggregate, for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos-containing materials

[XJ § A33.24 Insurance for physical damage to property while it is in storage and in transit (o the construction site on an “all-risks" completed value form.

[XJ] § A.3.3.2.5 Property insurance on an “all-risks" completed value form, covering property owned by the Contractor and used on the Project, including seafYolding and other equipment.

‘Rik Document A101®— 2017 Exhibit A. Copyright© 2017 by The Amicaninslute of Archos lights reserved, The “Anaican insiule of Archos” AA IMoATA Logo, “AtOl" and “AIA Conor! Documenis” se registered rademarks and may nol be Used wihout perm son. This document was produced by AIA $otware al 1:41:40 €7 on 071012022 under Order No:2114248001 vbichoxpes on 03/10/2023, nota rogala i iensad for one-time use ony, and may oly ‘beused in accordance wth the AIA Contreat Documents? Tem of Saves To report copyright vslatons,o-mal copyrght@ai org.

Usar Notes: (1700228721)

LX) § A3.3.26 other insurance (List below any other insurance coverage to be provided by the Contractor and any applicable limits.)

Coverac Limits Required Excess/Umbrella Liability $2,000,000 per occurrence $5,000,000 general aggregate

§ A3.4 Performance Bond and Payment Bond ‘The Contractor shall provide surety bonds, from a company or companies lawfully authorized to issue surety bonds in

the jurisdiction where the Project is located, as follows:

(Specify type and penal sum of bonds.) Type Penal Sum ($0.00) Payment Bond 100% Contract Sum Performance Bond 100% Contract Sum

Payment and Performance Bonds shall be AIA Document A312™, Payment Bond and Performance Bond, or contain provisions identical to AIA Document A312™, current as of the date of this Agreement. The Contractor shall require the Attomey-in-Fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the Power of Attomey,

‘The Contractor shall secure and provide all bonds called for in the General Conditions and Instruction to Bidders. All bonds shall be writ ies or insuran vanies licensed to do business in the Commonwealth of Virginia

ARTICLE A4 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as follows:

§.A4A All certificates and/or endorsements of insurance shall comply and conform to §38.2-18 of the Code of Virzinia,

§.AA2 _ All insurance shall be written by insurance companies licensed to do business in the Commonwealth of Virginia, and have an A.M, Best Rating of A- or better.

AA3__ The Contractor shall provide the Architect with th fall required insurance certificates, and endorsements, ‘AAA Each policy shall vision thatthe policy will not be canceled or allowed toe tila least 4

days prior written n

© has been given to the Contractor and the Ownet,

‘RIA Document A101® 2017 Exhibit A. Copyight©2017 by he American Insitute of ArGhons.Alighs reserved. The “Amaican naiule of Achiact, ‘ho AIA Logo, “A1D1and“AIA Conact Oocumanis” aro rostered rademarks and may nol be Used wihout parmssion This document was produced by AIA 77 “otvare a 16:41:10 ET on 0701/2022 under Order No.21 14288091 whch expires on 03/0/2023, se oly and may only

bo Used in accordance wth the AIA Contract Documenis® Terms of Service To report copyright vclaton, e-mal copyrights Org

User Note: (1700229721)

Renovation of Dante Depot Facility Exhibit |

Dante, Virginia For Russell County Board of Supervisors

T&L Project No. 15226

DRAWINGS INDEX

DRAWING TITLE: DRAWING NUMBER: Title Sheet Too1 Architectural

Door and Window Schedules A000 Floor Plan A100 Roof Plan A101 Exterior Elevations A200 Building Sections A201 Sections and Details ‘ASO0 Specifications A700 Specifications A701 Specifications A702 Plumbing:

Plumbing Notes and Specs Poo. Details Po02 Plumbing Plan P100 Electrical:

Electrical Legend, Abbreviation, General Notes, and Details £001 Electrical Floor Plan £201

00 0115/1

Renovation of Dante Depot Facility Exhibit C T&L Project No. 15226

‘TABLE OF CONTENTS:

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

000101 Project Title Page 000107 Seals Page

000110 Table of Contents 000115 Drawings Index 001113 Advertisement for Bids 002113 Instructions to Bidders 002515 Pre-Bid Question Form 00 4100 Bid Form

00 4313, Bid Bond (AIA A310)

00.4546.13 —_ Workers’ Compensation Certificate (DGS 30-076) 004546.16 Certification of Bidder Regarding Debarment

005213 Standard Form of Agreement Between Owner & Contractor (AIA A101) 005213.10 Insurance and Bonds (AIA A101 - Exhibit A)

00 5433 Request for Electronic Files Form

006113 Performance Bond & Payment Bond (AIA A312)* 00 6275 Payment Application Checklist

006276 Application & Certificate for Payment (AIA G702)* 006276.10 Continuation Sheet (AIA G703)*

00.6313 Request for Information (RFI) Form

00 6325 Request for Substitution Form

00 6333 Architect’s Supplemental Instructions (AIA G710)* 00 6346 Construction Change Directive (AIA G714)*

00 6353 Proposal Request (AIA G709)*

00 6363 Change Order (AIA G701)*

006516 Certificate of Substantial Completion (AIA G704)*

006519.13 Contractor’s Affidavit of Payment of Debts & Claims (AIA G706)* 006519.16 Contractor’s Affidavit of Release of Liens (AIA G706A)* 006519.19 Consent of Surety Company to Final Payment (AIA G707)* 007210 General Conditions of the Contract for Construction (AIA A201)

000110/1

‘TABLE OF CONTENTS (CONTINUED) Exhibit C

007299.21 VDOT Contract Inserts (00 7299.21 VDOT Contract Inserts n100-000051-04 VDOT SSs, SPs & SPCNs (Local Assistance) 10-6-16 (SPCN) ‘¢n102-050100-00 Sec. 102.05—Prep. of Bid (Cargo Prefer. Act) R-7-12-16 (SPCN) ¢q107-000130-00 Drug Free Workplace SPOFO-000100-00 Predetermined Min. Wage Rates R-7-12-16 SPOFO-000130-00 FHWA 1273—Req. Provisions, Fed-Aid R-7-12-16 SPOFO-000150-01 Affirmative Action / EEO Notice R-7-12-16 ‘SEC. 105.06—Subcontracting (Federal Funded Projects) 2-9-17_(SP) $P107-001510-02 Sec. 107.15 (DBEs) R-7-12-16 [SPOFO-000140-00 FHWA-1273A Appalachian Contracts R-7-12-16] ‘$P100-000051-00 Changed Conditions for Local Assistance Projects ‘$P102-000510-02 Use Of Domestic Material R-7-12-16 $P107-000120-00 Electronic Submission of Payrolls and DBE Subcontractor Payment for

Federally Funded Projects

Form C111 - Minimum DBE Requirements Form C112 - Certification of Binding Agreement Form C-48 - Subcontractor/Supplier Solicitation and Utilization Form Form C-49 - Documentation of Good Faith Efforts Form C-43 - Contractor’s Proposal to Sublet Form C-105 - Bidder Certification Federally Funded Projects Form C-104 - Bidder Statement Federally Funded Projects

00 7310 Supplementary General Conditions

“Asterisks indicate references made to AIA (American Institute of Architects) documents -lotest edition, which are hereby made a port of the Contract Documents. All provisions and requirements contoined in reference, after being duly executed, shall be considered as part of the Contract Documents, as fbound herein. Copies ofthe referenced documents are available fr review at the offic ofthe Architect. Contractors shall purchase copies from the American Institute of Architects. The original document shall be provided by the Contractor and will be required for the execution ofthe “Contract”

SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS

011000 SUMMARY

012000 PRICE AND PAYMENT PROCEDURES 013000 ADMINISTRATIVE REQUIREMENTS 013553 SECURITY PROCEDURES

01.4000 QUALITY REQUIREMENTS

014100 REGULATORY REQUIREMENTS:

014216 DEFINITIONS

015000 TEMPORARY FACILITIES AND CONTROLS 016000 PRODUCT REQUIREMENTS

017000 EXECUTION AND CLOSEOUT REQUIREMENTS 017123 FIELD ENGINEERING

017800 CLOSEOUT SUBMITTALS

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THOMPSON & LITTON fe

ENGINELAS ARCHITECTS

LIAM A. THOMPSON 1D Lie, No. 005641

ADDENDUM NO. 001 BBb-tu Arowrie TO: All Plan Holders RE: Renovation of Dante Depot Facility for Russell County Board of Supervisors T&L Project No, 15226 DATE: March 30, 2022

BIDS RECEIVED DATE: April 5, 2022

This Addendum forms a part of the Contract Documents and modifies the original Bidding Documents dated March 2, 2022, as noted below. Acknowledge receipt of this Addendum in the space provided on the Bid Form. Failure to do so may subject Bidder to disqualification.

This Addendum consists of 3 pages.

CLARIFICATIONS AND ANSWERS TO PRE-BID QUESTIONS:

1

2

‘The Pre-Bid Conference Attendance Record is enclosed.

Refer to Drawing Sheet A100 - Floor Plan, Drawing Sheet A700 ~ Specifications, and Specification Section 06 2000 - Finish Carpentry:

a. Remove existing wood lintels above windows and doors. Replace with pressure- treated wood of the same size; securely anchor to substrate with hidden fasteners.

Refer to Drawing Sheet A000 ~ Door Schedule, Drawing Sheet A701 - Specifications, and Specification Section 08 1613 — Fiberglass Doors:

a. In Paragraph 2.2.A.4, provide smooth finish on fiberglass face sheet in lieu of wood

grain, Provide custom color factory-applied paint finish. Color to be selected by Owner.

‘TAL LOBEast Main street P.0. 80x 1307 Wise, Viegnia 24293. te! 2763282161 fax: 276.328.1738 wow. 1 L comm

‘Addendum No. 001

Renovation of Dante Depot Facility March 30, 2022

Page 2

4, Refer to Sheet A000 ~ Door Schedule, Drawing Sheet A701 ~ Specifications, Specification Section 08 431 — Aluminum-Framed Storefronts:

a. In Paragraph 2.6.A, provide custom color factory-applied paint finish in lieu of Class II clear anodized finish. Color to be selected by Owner.

5 Refer to Drawing Sheet P100 — Plumbing Plan, Waste & Vent Piping Plan. The dedicated grease line is to be removed from the project. Floor Sink P-2 remains in the project as shown, with piping routed and connected to the proposed waste line.

  1. __ Refer to Drawing Sheet P:100 ~ Plumbing Plan, Waste & Vent Piping Plan. Revise routing of the 4” waste line to exit the west side of the building, extend 10’ beyond the outside

wall, and cap. Any rerouting of the proposed waste lines within the building is to be done according to the plumbing code.

Enclosures: _Pre-Bid Conference Attendance Record

T&L wuw.T Leom

THOMPSON PRE-BID CONFERENCE &LITTON ATTENDANCE RECORD TUESDAY, MARCH 15, 2022 AT 10:00 A.M.

Renovation of Dante Depot Facility For

Russell County Board of Supervisors T&L Project No. 15226

NAME COMPANY WORK NUMBER, MOBILE NUMBER EMAIL ADDRESS.

Lonzo Lester, Russell County Board of Supervisors _|276-889-8000 leountwa.us

[Thompson & Litton Inc,/Peyton Peyton Boyd Boyd Architect [276-628-2713 [email protected]

lken Morrison Ken Construction, Inc. 276-794-7346 l276-202-3801, lkenconst@live,com

Page 1

THOMPSON &LITTON Sh

ENGINEERS ARCHITECTS

ADDENDUM NO. 002

To: All Plan Holders

Renovation of Dante Depot Facility for Russell County Board of Supervisors

T&L Project No. 15226

DATE: March 31, 2022

BIDS RECEIVED DATE: April 5, 2022

This Addendum forms a part of the Contract Documents and modifies the original Bidding Documents dated March 2, 2022, and Addendum No. 001 dated March 30, 2022, as noted below. Acknowledge receipt of this Addendum in the space provided on the Bid Form. Failure to do so may subject Bidder to

disqualification.

This Addendum consists of 6 pages.

CHANGES TO BIDDING REQUIREMENTS:

  1. The Bid Form has been revised as follows:

A. The required Contractor’s Qualification Statement with supporting data requirement has been removed from the Bid Form.

NOTE: Asa result of the above changes, the Bid Form has been reissued in its entirety and must be included in the Contractor’s bid submittal(s).

Enclosures: Bid Form, 5 pages

TAL 103EastMain Street P.0.80x 1307 Wise, Virginia 24293. te: 276.328.2161 fax. 276328.1738 ww T-L com

THOMPSON & LITTON

BID FORM.

PROJECT IDENTIFICATION: Renovation of Dante Depot Facility

CONTRACT IDENTIFICATION NO: T&L Project No. 15226 UPC No. 113499

‘THIS BID IS SUBMITTED TO: Russell County Board of Supervisors 137 Highland Drive Lebanon, Virginia 24266

  1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

  2. Bidder accepts all of the terms and conditions of the Advertisement and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid Opening. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within the timeframe presented in the instructions to Bidders.

In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, thi

(A) Bidder has examined copies of all Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged):

Number Date

(8) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work.

©___ Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, and studies which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as Bidder considers

00 4100/1

(0)

(e)

(F)

(6)

necessary for the performance or furnishing of the Work at the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 3.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, or similar information or data are or will be required by Bidder for such purposes.

Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing utilities at or contiguous to the site and assumes responsibility for the accurate location of said utilities. No additionat examinations, investigations, explorations, tests, reports or similar information or data in respect of said utilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 3.2 of the General Conditions.

Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents.

Bidder has given Architect written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Architect is acceptable to Bidder.

This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm, or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

Bidder will complete the Work for the following price:

LUMP SUM PRICE FOR THE WORK IN ACCORDANCE WITH DRAWINGS AND SPECIFICATIONS.

Dollars ($, )

00 4100/2

ALTERNATE BID ITEMS

Additive Bid Item No. 1

Dollars (6, )

NOTE: The Contract, if awarded, will be based on the Total Base Bid without regard to Alternates.

Bidder agrees that the Work will be substantially completed within one hundred twenty (120) consecutive calendar days after Notice to Proceed, and Final Completion shall be achieved within thirty (30) consecutive calendar days after Substantial Completion,

The followit

documents are attached to and made a condition of this Bid: (A) Required Bid Security in the form of (8) Certification of Bidder Regarding Debarment. ©_ Workers’ Compensation Certificate of Coverage. (0) VDOT Forms {contained in VOOT Contract Inserts section): (1) C-43, Contractor’s Proposal to Sublet (if applicable) (2) C-104, Bidder Statement (Federally Funded Projects) (3) C-105, Bidder Qualification (Federally Funded Projects) (4) C-121, Minimum DBE Requirements

Communications concerning this Bid shall be addressed to the address of Bidder indicated below.

The following address:

The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions.

00 4100/3,

SUBMITTED on 20__.

(Attach Evidence of Authority to Sign.) IF BIDDER IS: An Individual

By

(SEAL)

(individual’s Name)

doing business as

Business address:

Phone No.:

Email Address:

APartnership

by

im Name)

(General Partner)

Business address:

(SEAL)

Phone No.:

Email Address:

ACorporation

by

(Corporation Name)

{State of Incorporation)

By

{Name of Person Authorized to Sign)

(SEAL)

00 4100/4

(Title) (Corporate Seal)

Attest

(Secretary)

Business address:

Phone No.:

Email Address:

Adoint Venture

By

(Name)

(Address)

by

(Name)

Email Address:

{Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above}.

00 4100/5

SCL

SC-2

SC-3

SC-4

SUPPLEMENTARY GENERAL CONDITIONS

GENERAL

These Supplementary Conditions amend or supplement the Standard General Conditions of the Contract for Construction, AIA Document A201 - 2017 Edition and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect.

The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Condi

INTENT

‘Add the following after subparagraph 1.2.1:

If there is any conflict between the provisions of the Contract Documents and any referenced standard specification, manuals or codes of technical societies, organizations

or associations, the language of the Contract Documents will take precedence over that of any standard specification, manual, or codes.

CONCEALED OR UNKNOWN CONDITIONS: Revise subparagraph 3.7.4 as follows: 3.7.4 Concealed or Unknown Conditions.

In the sixth line of subparagraph 3.7.4, change the number of days that notice is to be nto the Owner and Architect from “14 days” to “10 days”.

CONTRACTOR’S CONSTRUCTION SCHEDULES: Replace subparagraph 3.10.1 with the following:

3.10.1.A. _Aconstruction schedule shall be prepared and submitted for the Owner’s and Architect’s review. The schedule shall not exceed the Contract Times established in the Contract Documents and shall provide for prompt and efficient execution of the Work. The schedule shall show the sequence and interdependence of all activities required for complete performance of the Contractor’s Work. The schedule shall provide a graphic representation of all activities and events that will occur in the prosecution of the Work and set forth all critical dates that must be met to ensure timely and orderly completion of the Work within the Contract Times prescribed in the Contract Documents. The

00 7310/1

SCS

Contractor may show early completion of the Work on the schedule, should it so elect, but the Contractor shall have no claim for delay damages or constructive acceleration should any delay, whatever the cause, preclude the Contractor from finishing the Project at any point prior to the completion date set forth in the Contract Documents. Upon receipt, the Owner and Architect shall review the schedule and offer any comments they may have. Such review shall be for information purposes only and shall not constitute endorsement of any errors or omissions that may appear in the schedule or its reasonableness

3.10.1.8 The Contractor shall update the schedule each month to reflect the current status of the Project. The updates shall show percent completion including actual start and finish dates and remaining duration for all current activities. The updated schedule shall be submitted with the Contractor’s Application for Payment. The submittal of the revised schedule shall be a conditional precedent to the Owner’s obligation to pay the Contractor any monies due on the pending Application for Payment,

Add the following subparagraphs to Article 3.10:

3.10.4 _In the event that the Contractor should ever determine during the course of the Project that its prosecution of the Work has fallen behind the current schedule, It shall prepare a recovery schedule to permit completion of the Project within the Contract Times. The Contractor shall devote sufficient labor, materials, and equipment to comply with the recovery schedule, including, if necessary, the employment of additional manpower and the scheduling of additional shifts, overtime, and weekend Work, all at the Contractor’s sole expense.

3.105 In the event that the Project is delayed beyond the Contract Times, the Contractor will be obligated to pay the Owner, in addition to any liquidated damages called for in the Contract Documents or any delay damages permitted pursuant thereto, a sum equal to the Owner’s obligation to pay the Architect for providing additional Construction Contract Administration services beyond the Contract Times set forth in the Contract Documents.

COMMUNICATIONS

Add the following subparagraph to Article 4.2.

4.2.4.1 At the Pre Construction Conference, the Architect will designate his contact person for the duration of the project. The Contractor shall always communicate in writing with the Architect’s designated representative, From time to time, the Architect may designate members of its staff to correspond with the Contractor; in such case, the Contractor shall respond directly with that individual, If the Architect must change its contact person, it will advise the Contractor in writing who the new contact is. The purpose of this requirement is to assist the Contractor in maintaining continuity throughout the life of the project.

00 7310/2

SC6

ARCHITECT’S SUPPLEMENTAL INSTRUCTIONS, WORK CHANGES PROPOSAL REQUESTS, AND CONSTRUCTION CHANGE DIRECTIVES

Add the following subparagraphs to Article 7.1:

7.1.4 “Changes in the Work” of the General Conditions addresses how these changes are to be completed. Any change which has been requested through the Owner or its agents, including the Architect, will be issued through the Architect by a written “Architect’s Supplemental Instructions” or "Work Changes Proposal Request”. Should the contractor request a minor change in the contract, a written “Architect’s Supplemental Instructions” will be authorized by the Architect. If the Contractor believes that additional compensation and/or time is required, it should not sign this form. In this case, It should immediately notify the Architect in writing of his decision, submitting his proposal for the changes in the Work. If the above situation occurs, the Architect may, at this time, send the Contractor a “Work Changes Proposal Request”,

7.1.5. If the Architect is reasonably certain that his instructions to the Contractor will require additional money and/or time for completion, it will initially send his instructions to the Contractor on the “Work Changes Proposal Request” form. The Contractor’s proposal shall state its itemized estimate for any requested additional money and/or time. This written proposal should precede any Work that may be done by the Contractor as a result of the “Architect’s Supplemental Instructions" or “Work Changes Proposal Request”. Should the Contractor unilaterally proceed with the Work as requested by these forms without having advised the Architect and Owner in writing of his request for a change in price or time, it may be denied such increase. When the Architect receives the Contractor’s proposal for a change in contract price and/or extension of time, the Architect will then prepare a written Change Order to cover this increase. The Contractor should not proceed with additional Work until the written change order has been approved by all involved parties or until it has the Owner’s written authorization for a construction change. The Owner will receive a copy of all “Architect’s Supplemental Instructions” and “Work Changes Proposal Request” documents. Should there be any disagreement by the Owner, it will promptly notify all parties concerned.

7.1.6 If a situation occurs which requires additional Work to be performed immediately, the Owner will issue a “Construction Change Directive" in accordance with the General Conditions. The “Construction Change Directive” will be prepared and signed by the Architect and will be effective after it has been signed by the Owner. After it has been executed by the Contractor, a Change Order shall be prepared by the Architect.

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SC-7

SC

sco

APPLICATIONS FOR PAYMENT Add the following subparagraphs to Article 9.3:

9.3.3.1 The Contractor shall submit at the prescribed time once a month a minimum of three copies of the Application for Payment. The application forms indicated herein shall be used. The Contractor shall prepare these applications in strict conformance with the Contract Documents. All applications will be completed in their entirety and in a legible manner, including all appropriate signatures. Applications with changes or corrections in handwriting may not be approved and may be rejected by the Architect and the Owner. The applications shall not include any additional Work unless this Work has been included in the Contract by approved Change Orders (including all approving agencies). Should any corrections be necessary as a result of discrepancies from a previous payment, an adequate explanation in writing shall be attached to each Application for Payment.

9.3.3.2 The Architect will work closely with the Contractor and his agents during the first ‘and second Applications for Payment. The Architect will advise the Contractor of any errors in the application. It shall be the responsibility of the Contractor to make any and all corrections.

9.3.3.3 The Contractor shall submit as part of his monthly application for payment a sworn Contractor’ Affidavit of Payment of Debts & Claims (AIA G706) attesting that it has paid all subcontractors and suppliers of labor and materials all sums due to date relative to this particular project in addition to the Payment Application Checklist and any supporting documentation required.

‘SUBSTANTIAL COMPLETION

‘Add the following subparagraph to Article 9.8:

9.8.6 When Contractor considers the entire Work ready for its intended use, Contractor shall, in writing to Owner and Architect, certify that the entire Work is substantially complete and request that Architect issue a Certificate of Substantial Completion. Within

a reasonable time thereafter, Owner, Contractor, and Architect shall make an inspection of the Work to determine the status of completion.

PROTECTION OF PERSONS AND PROPERTY Revise subparagraph 10.2.8 as follows:

In the third line of subparagraph 10.2.8, change “not exceeding 21 days” to “not exceeding 10 days” after discovery.

00 7310/4

SC-10

SC-11.

SC-A2

SC-13

INSURANCE ‘Add the following subparagraph to Article 11.1.1

11.1…A Insurance requirements are indicated in AIA A101-Exhibit A document, Insurance and Bonds, See Section 00 5213.10.

PERFORMANCE BOND & PAYMENT BOND Add the following subparagraph to Article 11.1.2:

11.1.2.A The Contractor shall furnish bonds covering the faithful performance of the contract and payment of obligations arising thereunder. The cost thereof shall be included in the Contract Sum. The amount of each bond shall be equal to one hundred percent (100%) of the Contract Sum.

DEFECTIVE MATERIAL Add the following subparagraph to Article 12.2:

12.2.6 Any material which has been inspected by the Architect, or the Owner, whether the material has been stored or has been incorporated in the Work of the project, and has been found to be defective and not in compliance with the Contract Documents will be clearly marked. The Contractor will be notified in writing concerning the defective material. The Contractor is expected to remove the defective material from the job site immediately. If the Owner has previously paid for this material, either in materials stored or workin place, such defective material will be credited to the Owner on the Contractor’s next application for payment. The Contractor is responsible for carefully checking all materials which have been delivered to the job site which have the appearance of being only slightly damaged should be noted in the Contractor’s log book.

GOVERNING LAW Add the following subparagraphs to Article 13.1:

In accordance with Code of Virginia, § 2.2-4311, during the performance of the Contractor agrees as follows:

is Contract,

‘A. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

00 7310/5

  1. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.

C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

D. The Contractor will include the provisions of the foregoing paragraphs A., B., and C, in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

Bidders and Contractors performing Work under this Advertisement are bound by the requirements of the Occupational Safety and Health Administration (OSHA) regulations (29 CFR Part 1910).

During the performance of this Contract, the Contractor shall not knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986, pursuant to the Code of Virginia, § 2.2-4311.1.

Drug-Free Workplace

‘A. During the performance of this Contract, the Contractor agrees to (i) provide a drug- free workplace for the Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (ii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

8B. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Contract.

Virginia Department of Transportation (VDOT) A. This project is federally funded with Transportation Alternative Program (TAP)

funds, Contractor shall be bound by requirements in the VDOT Contract Inserts included in the Contract Documents (Section 00 7299.21), including the Federal

00 7310/6

SC-14

SC-15,

Specifications, Special Conditions Supplement for required contract provisions, other special VDOT provisions, and established wage rates.

NOTICE OF CLAIMS

Revise subparagraph 15.1.3.1 as follows:

15.1.3.1 Notice of Claims. In the second sentence, change all reference of “21 days’ to “10 days’,

RETAINAGE Remove the following paragraphs in their entirety: 9.3.1 under the Applications for Payment section.

9.6.2 under the Progress Payments section.

9.8.5 under the Substantial Completion section.

9.9.1 under the Partial Occupancy or Use section. 9.10.2 and 9.10.3 under the Final Completion and Final Payment section.

00 7310/7

Date: 6/2/2022

UPC: CFDA # 20.205 Locality:

From:

To:

Telephone: Email:

Telephone Email: [email protected]

● This Project shall be administered in accordance with VDOT’s Locally Administered Projects Manual

● This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $332,848

This attachment is certified and made an official attachment to this document by the parties to this agreement.

$332,848 $295,348

$287,248

$0

Total CN $384,060

$10,000$332,848 $426,060

$426,060

$332,848

Aggregate

Allocations Local Funds

Estimated Total Reimbursement by VDOT to Locality (Less Local Share and VDOT Expenses)

$0

$0

$299,248

$295,348

$0

Local Match

Total Estimated Cost

Total Maximum Reimbursement by VDOT to Locality (Less Local Share)

$84,812

$93,212

Project Financing

$83,212

Total RW $0

$0

$0

$10,000100%

$0

Local Funds

$0 $0

$0 $0

$0

$0$0

$0

$0 $0

$0

$0

$299,24820% $74,812

$8,100

$0

$0$0

$0

$33,600

$0

$0$0

$0 $0

$0

$8,400

$0

$0

$0

Transportation Alternatives

$0

$33,600

$0

$0

$0

$0 $0

20%

Local % Participation for

Funds Type

$0

$0

$8,400$42,000

Local Share Amount Funds type

(Choose from drop down box)

Preliminary Engineering

20%

$0 $0

$0

$0

Estimated

Reimbursement to

Locality

(Max. Reimbursement -

Est. VDOT Expenses)

$12,000

Estimated Locality Project Expenses

$384,060$0

$25,500

$42,000 $426,060

Maximum Reimbursement

(Estimated Cost - Local

Share)

Phase Estimated Project Costs

ConstructionRight of Way and Utilities Total Estimated Cost

$37,500

Project Estimates

$372,060 $388,560

Project Cost and Reimbursement

Estimated VDOT Project Expenses

$0

$0

$16,500

Preliminary Engineering

Estimated Total Project Costs

Appendix A Revision 1

Department Project Coordinator Contact Info:

36°58’38.36”N and -82°17’55.189”W (Bunch Town Road)

Project Location ZIP+4: 24237-7192

Work

Description:

113499Project Number: EN18-083-977 Russell County   (167)

Locality Address (incl ZIP+4)

137 Highland Dr

Lebanon, VA 24266-7169

The community of Dante will transform their historic railroad depot into the centerpiece of their economic revitalization efforts, providing a

rallying point for both Dante’s residents and visitors.

Lonzo Lester   276-889-8000   [email protected]

Roger Musser   276-696-3260

Project Narrative

Locality Project Manager Contact info:

36°58’38.99”N and -82°17’54.703”W (Bunch Town Road)

Locality UEI# WMRHA68SMK19

Transportation AlternativesRight of Way & Utilities

$42,000Total PE

Transportation Alternatives

$374,060 Transportation Alternatives

$10,000

Construction

● For Transportation Alternatives (TA) Projects, the LOCALITY shall maintain the Project or have it maintained in a manner satisfactory to the DEPARTMENT for its useful life and make ample

provisions each year for such maintenance unless otherwise agreed to by the DEPARTMENT. Failure to do so, or the sale of a TA funded improvement prior to the expectations as identified in ● In accordance with CTB policy, the Project must be under construction by September 30,2022 or the federal Transportation Alternatives (TA) funding may be subject to de-allocation.

● Any ineligible items identified throughout Project development will not be reimbursable.

Typed or printed name of person signing

Program and Project Specific Funding Requirements

● Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program.

● All local funds included on this appendix have been formally committed by the local government’s board or council resolution subject to appropriation.

Typed or printed name of person signing

and Transportation Alternatives Program Guide.

DateAuthorized VDOT Official DateAuthorized Locality Official

● Eligible VDOT Project expenses will be recovered as follows: 80% will be deducted from the federal allocation and 20% will be deducted from reimbursement requests.

● The DEPARTMENT will conduct all environmental studies necessary to complete an environmental document in compliance with the National Environmental Policy Act including, but not

limited to, basic coordination for cultural resources, basic clearances for threatened and endangered species, and any necessary certifications, recertifications, and/or reevaluations. The

LOCALITY is responsible for tracking, implementing, and completing all environmental commitments associated with the project. In addition, the LOCALITY is responsible for obtaining any

water quality permits, submitting a signed EQ-555 for natural resources due diligence, conducting any required hazardous materials efforts, and submitting a signed EQ-121 for hazardous

materials due diligence (all submittals are to be in accordance with the LAP Manual). VDOT’s estimated cost for preparing the environmental document and necessary supporting studies,

including certifications, recertifications and/or reevaluations, will be provided to the LOCALITY and deducted from the Project funds.

Revised: February 1, 2019

Appendix A Revision 1 Date: 6272022

Projet Number EN16.089-877_UPC:113490 CFDA 20205 Locally: Russel County (167) roject Locaton ZIPP 24257-7182 Locally UE WHRNABSSNKTS Local Adaress (nc ZIP) 37 Hghiand Dr Feopetvaratve JRem |The communty of Dante wil vansform thei histor road depot into the cenftpecs oT fey economic eviatzaion efor, raving & rsoren. |ratying pot or both Dante’s esigents and vats. [Fron [36°58 38 36’N and 82°17 55 169 W (Bunch Tou Road] [fs [36°58 38.30 W and 271754 TOW (Bunch Town Road) [siz Pee nonoge onaca —Lonzo Losier Tess 276805000 ——Erat_onaoesto(@rassoloounyra ve Eaprnt Pie Corsi Cot roe Taapers— PTCESESDGO—trst_ Roger Masser ghvOOTVagiia gor Project Estes Project Cost and Ra me Pera Eee 30) [pari aed a 0 = a = Tears] sa Bae Ee 0 = 0 = soot ss es ‘on S000 ‘=. 0 = Tota hax Retmbursemant by VDOT fo Localy (Les Local Share] T Tan] atmated Tota Rembursmert by VOOT to Locally (Less Local Share and VOOT Expenses] L 5235 3 Prec Faneing ‘Aggregate fenspotaton Atmati Local Match oes! Funds ‘locations See S077 $10 000 co ‘rogram and Project Specific Funding Requirements [toa tee ont open hve ner acid y Hel goenmen sts cart Ten eto ean

1 Tm OFPARTHENT ni cont enromerl se amano campe sn etre oars nconglnen wae Nar Cerone oye cag bret { knvitsgteton ated esas rat veer wit aate

1 03-02/REV07-2022

CONTRACT #: 21-21-14

GRANTEE: Russell County
CFDA# 14.228

AGREEMENT

This AGREEMENT, entered into as of this 15th day of August, 2022, by and between the Virginia

Department of Housing and Community Development hereinafter referred to as “DHCD” and Russell

County, Virginia hereinafter referred to as “GRANTEE.”

WITNESSETH

WHEREAS, the Commonwealth of Virginia has been authorized to distribute and administer

Community Development Block Grant (CDBG) funds pursuant to the Housing and Community

Development Act of 1974, as amended, and

WHEREAS, DHCD has been authorized by the Governor of the Commonwealth of Virginia to

distribute and administer CDBG funds in the form of Community Improvement Grants according to

the CDBG Program Design, and

WHEREAS, the PROJECT as described in the Proposal as submitted by the GRANTEE has achieved

a sufficiently high ranking through a competitive proposal selection system to qualify for CDBG

funding on the basis of the CDBG Program Design,

Now THEREFORE, the above-mentioned parties hereto do mutually agree as follows:

  1. DHCD agrees to award the GRANTEE a COMMUNITY IMPROVEMENT GRANT in an

amount of the total allowable, eligible costs in carrying out the ACTIVITIES included in

Products herein described not to exceed two million five hundred dollars ($2,500,000).

  1. DHCD agrees to provide the GRANTEE with technical assistance in setting up and carrying

out the administration of its CDBG Grant.

  1. The GRANTEE will commence, carry out and complete the following Products (more

thoroughly described in the GRANTEE’S CDBG Proposal).

PROJECT TITLE: Dante Regional Sewer Line Extension

OUTCOMES: To improve the living conditions of residents living in the Dante

and Sun communities of Russell County though the provision of

new and improved public sewer infrastructure.

CONTRACT #: 21-21-14 GRANTEE: Russell County CFDA# 14.228

AGREEMENT

This AGREEMENT, entered into as of this 15" day of August, 2022, by and between the Virginia Department of Housing and Community Development hereinafter referred to as “DHCD” and Russell County, Virginia hereinafter referred to as “GRANTEE.”

WITNESSETH,

WHEREAS, the Commonwealth of Virginia has been authorized to distribute and administer Community Development Block Grant (CDBG) funds pursuant to the Housing and Community Development Act of 1974, as amended, and

WHEREAS, DHCD has been authorized by the Governor of the Commonwealth of Virginia to distribute and administer CDBG funds in the form of Community Improvement Grants according to the CDBG Program Design, and

WHEREAS, the PROJECT as described in the Proposal as submitted by the GRANTEE has achieved

a sufficiently high ranking through a competitive proposal selection system to qualify for CDBG

funding on the basis of the CDBG Program Design,

Now THEREFORE, the above-mentioned parties hereto do mutually agree as follows:

1, DHCD agrees to award the GRANTEE a COMMUNITY IMPROVEMENT GRANT in an amount of the total allowable, eligible costs in carrying out the ACTIVITIES included in

Products herein described not to exceed two million five hundred dollars ($2,500,000),

  1. DHCD agrees to provide the GRANTEE with technical assistance in setting up and carrying out the administration of its CDBG Grant.

  2. The GRANTEE will commence, carry out and complete the following Products (more thoroughly described in the GRANTEE’S CDBG Proposal).

PROJECT TITLE: Dante Regional Sewer Line Extension

OUTCOMES: To improve the living conditions of residents ing in the Dante and Sun communities of Russell County though the provision of new and improved public sewer infrastructure.

1 03-02/REV07-2022

2 03-02/REV07-2022

BENEFITS:

Total Project Benefit

617 Total Persons 364 Total LMI Persons

240 Total Households 141 Total LMI Households

Improved Public Sewer Infrastructure Benefit

228 Total Households—

Improved Public Infrastructure 134

Total LMI Households—

Improved Public Infrastructure

592 Total Persons—

Improved Public Infrastructure 354

Total LMI Persons—

Improved Public Infrastructure

New Public Sewer Infrastructure Benefit

12 Total Households—

New Public Infrastructure 7

Total LMI Households—

New Public Infrastructure

25 Total Persons—

New Public Infrastructure 10

Total LMI Persons—

New Public Infrastructure

ACTIVITIES: 1. Administration of this project in a timely and compliant manner

(CDBG).

  1. Design and construction of approximately 1,500 LF of gravity

sewer line; approximately 30,850 LF of force main sewer line; one

(1) pump station; and associated manholes, valves, and

appurtenances (CDBG and non-CDBG).

  1. The aforementioned PROJECT shall be carried out, and grant payments made in strict

conformance with the CONTRACT DOCUMENTS.

  1. The GRANTEE will use the lesser of (1) the amount specified above, or (2) if, at total PROJECT

completion, there are cost underruns or project savings, these costs shall revert to DHCD and

other funding sources committed to the PROJECT in the CIG proposal on a proportional basis,

unless superseded by other federal program requirements. In no case will leveraged funds be

returned beyond that amount which would have changed the PROJECT’S ability to be funded

initially.

  1. The GRANTEE will initiate the ACTIVITIES required by the CONTRACT DOCUMENTS

beginning August 15, 2022, unless grant Special Conditions require additional action on

specified PRODUCT(S) before proceeding with that PRODUCT(S). In such instances the

GRANTEE will initiate action relative to removal of the Special Conditions beginning with the

execution of this AGREEMENT.

BENEFITS:

Total Project Benefit 617 | Total Persons 364 | Total LMI Persons 240_| Total Households 141_| Total LMI Households Improved Public Sewer Infrastructure Benefit

22g | Total Households— 134 | Total LMI Houscholds— Improved Public Infrastructure Improved Public Infrastructure

592 | Total Persons— 354 | Total LMI Persons— Improved Public Infrastructure Improved Public Infrastructure

New Public Sewer Infrastructure Benefit

12_ | Total Households— 7 | Total LMI Households— New Public Infrastructure New Public Infrastructure

35 | Total Persons— 19 | Total LMI Persons— New Public Infrastructure New Public Infrastructure

ACTIVITIES: 1, Administration of this project in a timely and compliant manner

(CDBG).

  1. Design and construction of approximately 1,500 LF of gravity sewer line; approximately 30,850 LF of force main sewer line; one (1) pump station; and associated manholes, valves, and appurtenances (CDBG and non-CDBG).

The aforementioned PROJECT shall be carried out, and grant payments made in strict conformance with the CONTRACT DOCUMENTS.

‘The GRANTEE will use the lesser of (1) the amount specified above, or (2) if, at total PROJECT completion, there are cost underruns or project savings, these costs shall revert to DHCD and other funding sources committed to the PROJECT in the CIG proposal on a proportional basis, unless superseded by other federal program requirements. In no case will leveraged funds be returned beyond that amount which would have changed the PROJECT’S ability to be funded initially.

The GRANTEE will initiate the ACTIVITIES required by the CONTRACT DOCUMENTS beginning August 15, 2022, unless grant Special Conditions require additional action on specified PRODUCT(S) before proceeding with that PRODUCT(S). In such instances the GRANTEE will initiate action relative to removal of the Special Conditions beginning with the execution of this AGREEMENT.

i

03-02/REV07-2022

3 03-02/REV07-2022

  1. The GRANTEE shall complete the work as described in the CONTRACT DOCUMENTS

within 24 months of the execution of this AGREEMENT, or more specifically on or before

August 14, 2024. If the ACTIVITIES are not completed by that date all CIG funding and this

AGREEMENT shall be terminated and the Grantee shall return all unexpended funds, unless

an amendment to the CONTRACT DOCUMENT provides otherwise.

  1. DHCD agrees to make payment to the GRANTEE upon receipt of a properly completed and

signed invoice. Requests for Payment may be made, allowing approximately thirty days to

receive the funds. Funds are to be immediately disbursed by the GRANTEE and shall not be

deposited in an interest-bearing account.

  1. The term CONTRACT DOCUMENTS means the following documents which are a part of this

AGREEMENT and are incorporated by reference herein as if set out in full.

A. GRANTEE’S CDBG Proposal (including any revisions);

B. CDBG AGREEMENT;

C. SPECIAL CONDITIONS;

D. GENERAL CONDITIONS;

E. ASSURANCES;

F. AMENDMENTS (none as of the date this Agreement was signed);

G. GRANT MANAGEMENT MANUAL (Those items specified as being required);

H. CONTRACT NEGOTIATION RECORD;

I. PROJECT MANAGEMENT PLAN (including any revisions);

J. PROGRAM INCOME PLAN (if required);

K. ANY PROJECT SPECIFIC PLAN AND/OR PROGRAM DESIGN; and

L. LAST APPROVED BUDGET.

The GRANTEE shall complete the work as described in the CONTRACT DOCUMENTS, within 24 months of the execution of this AGREEMENT, or more specifically on or before August 14, 2024. If the ACTIVITIES are not completed by that date all CIG funding and this AGREEMENT shall be terminated and the Grantee shall return all unexpended funds, unless an amendment to the CONTRACT DOCUMENT provides otherwise.

DHCD agrees to make payment to the GRANTEE upon receipt of a properly completed and signed invoice. Requests for Payment may be made, allowing approximately thirty days to receive the funds. Funds are to be immediately disbursed by the GRANTEE and shall not be deposited in an interest-bearing account.

The term CONTRACT DOCUMENTS means the following documents which are a part of this AGREEMENT and are incorporated by reference herein as if set out in full.

GRANTEE’S CDBG Proposal (including any revisions);

CDBG AGREEMENT;

SPECIAL CONDITIONS;

GENERAL CONDITIONS;

ASSURANCES;

AMENDMENTS (none as of the date this Agreement was signed); GRANT MANAGEMENT MANUAL (Those items specified as being required); CONTRACT NEGOTIATION RECORD;

PROJECT MANAGEMENT PLAN (including any revisions); PROGRAM INCOME PLAN (if required);

ANY PROJECT SPECIFIC PLAN AND/OR PROGRAM DESIGN; and LAST APPROVED BUDGET.

PASS roOmmoaDD>

3 03-02/REV07-2022

4 03-02/REV07-2022

In witness whereof, the parties hereto have executed or caused to be executed by their duly authorized

official this AGREEMENT in duplicate, each copy of which will be deemed an original.

COMMONWEALTH OF VIRGINIA,

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

BY: DATE:

Sandra Powell, Sr. Deputy Director

Division and Community Development and Housing

City of Richmond,

Commonwealth of Virginia

I do certify that Sandra Powell personally appeared before me and made oath that she is the Senior

Deputy Director of the Department of Housing and Community Development and that she is duly

authorized to execute the foregoing document.

My commission expires: ________________________.

Given under my hand this ______day of ____________, 2022.


Notary Public Registration Number

RUSSELL COUNTY

BY: DATE:

Lou Wallace, Chair

County of Russell,

Commonwealth of Virginia

I do certify that Lou Wallace personally appeared before me and made oath that she is Chair of the

Russell County Board of Supervisors and that she is duly authorized to execute the foregoing

document.

My commission expires: ________________________.

Given under my hand this ______day of ____________, 2022.


Notary Public Registration Number

In witness whereof, the parties hereto have executed or caused to be executed by their duly authorized official this AGREEMENT in duplicate, each copy of which will be deemed an original.

COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

BY: DATE: Sandra Powell, Sr. Deputy Director Division and Community Development and Housing

City of Richmond, Commonwealth of Virginia

I do certify that Sandra Powell personally appeared before me and made oath that she is the Senior Deputy Director of the Department of Housing and Community Development and that she is duly authorized to execute the foregoing document.

My commission expires:

Given under my hand this__day of 2022, Notary Public Registration Number RUSSELL COUNTY

BY: DATE:

Lou Wallace, Chair

County of Russell,

Commonwealth of Virginia 1 do certify that Lou Wallace personally appeared before me and made oath that she is Chair of the Russell County Board of Supervisors and that she is duly authorized to execute the foregoing

document.

My commission expir

3 iS

Given under my hand this day of .

Notary Public Registration Number

4 03-02/REV07-2022

5 03-02/REV07-2022

SPECIAL CONDITIONS

  1. Upon execution of this contract, the Associate Director of the Program Administration and

Assistance Office is authorized to approve budgets, budget revisions, contract extensions, and

contract closeouts.

  1. A total of $300,000 in leverage funds is committed to this project by the GRANTEE. Sources of

funds are as follows:

FY 22 SWVA Water/Wastewater  $150,000 

Russell County (Local)    $150,000 

These funds shall be expended prior to or in proportion to CDBG Funds within the budget, per

activity. If additional leverage funds are committed to the project beyond those outlined above, the

required leverage will remain at the originally approved amount. Documentation of the expenditure

of these funds shall be maintained by the Grantee and reported to DHCD at the time of compliance

reviews and request for final payment.

  1. DHCD expects remittance requests for each CDBG-funded budget activity to be submitted at least

quarterly. All remittance requests must be submitted via CAMS and shall be accompanied at least

by a cover memorandum and copies of relevant invoices and checks. Remittances for administration

expenses will be accepted and processed only on a pay-for-performance basis. The benchmarks to

be used in determining eligibility for payment will be negotiated between the GRANTEE and the

assigned Community Development Specialist. The benchmarks, compensation, and their schedule

shall be considered as an ATTACHMENT to this CONTRACT. The GRANTEE must include a

comparable compensation process for making payments to contractual service providers, and that

process with benchmarks and a compensation schedule must be included in contracts with service

providers.

  1. All grant-related work shall occur using a management team concept and representing all

stakeholders, including but not limited to neighborhood residents (sparkplugs), the engineer and/or

architect, the rehab specialist, the housing program administrator, the grant administrator, the Chief

Executive, the Director of Public Works, and the local Planner, as appropriate.

  1. The Project Management Team shall meet regularly (at least monthly) to properly monitor the

Project’s progress. The Team will review its Project Management Plan to determine if the project is

being implemented according to the projected plan. The plan will be updated promptly in

recognition of a deviation from projections and DHCD will be notified.

  1. DHCD reserves the right to end funding at any point should the project prove nonviable. This

includes, but may not be limited to, lack of progress in conformance with the approved Project

Management Plan.

  1. Monthly progress reports must be submitted to DHCD. These reports must document CDBG and

non-CDBG funds expended and obligated to date and the actions taken on key benchmarks that

support the successful completion of the project.

  1. DHCD reserves the right to receive additional documentation pertaining to construction,

professional service, non-professional service or other contracts obligating CDBG funds prior to

approving drawdown requests.

SPECIAL CONDITIONS

Upon execution of this contract, the Associate Director of the Program Administration and Assistance Office is authorized to approve budgets, budget revisions, contract extensions, and contract closeouts.

A total of $300,000 in leverage funds is committed to this project by the GRANTEE. Sources of funds are as follows:

FY 22 SWVA Water/Wastewater $150,000 Russell County (Local) $150,000

These funds shall be expended prior to or in proportion to CDBG Funds within the budget, per activity. If additional leverage funds are committed to the project beyond those outlined above, the required leverage will remain at the originally approved amount. Documentation of the expenditure of these funds shall be maintained by the Grantee and reported to DHCD at the time of compliance reviews and request for final payment.

DHCD expects remittance requests for each CDBG-funded budget activity to be submitted at least quarterly. All remittance requests must be submitted via CAMS and shall be accompanied at least by a cover memorandum and copies of relevant invoices and checks. Remittances for administration expenses will be accepted and processed only on a pay-for-performance basis. The benchmarks to be used in determining eligibility for payment will be negotiated between the GRANTEE and the assigned Community Development Specialist. The benchmarks, compensation, and their schedule shall be considered as an ATTACHMENT to this CONTRACT. The GRANTEE must include a comparable compensation process for making payments to contractual service providers, and that process with benchmarks and a compensation schedule must be included in contracts with service providers.

All grant-related work shall occur using a management team concept and representing all stakeholders, including but not limited to neighborhood residents (sparkplugs), the engineer and/or architect, the rehab specialist, the housing program administrator, the grant administrator, the Chief Executive, the Director of Public Works, and the local Planner, as appropriate.

The Project Management Team shall meet regularly (at least monthly) to properly monitor the Project’s progress. The Team will review its Project Management Plan to determine if the project is being implemented according to the projected plan. The plan will be updated promptly in recognition of a deviation from projections and DHCD will be notified.

DHCD reserves the right to end funding at any point should the project prove nonviable. This includes, but may not be limited to, lack of progress in conformance with the approved Project Management Plan.

Monthly progress reports must be submitted to DHCD. These reports must document CDBG and non-CDBG funds expended and obligated to date and the actions taken on key benchmarks that support the successful completion of the project.

DHCD reserves the right to receive additional documentation pertaining to construction,

professional service, non-professional service or other contracts obligating CDBG funds prior to approving drawdown requests.

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  1. Throughout the life of the project, the GRANTEE will ensure that the appropriate staff attends all

required DHCD training, including the annual Grant Management Workshop. Depending upon the

training being offered, the individuals who must attend may include the grant manager, the

rehabilitation specialist, the federal labor standards contract compliance officer and/or the financial

manager.

  1. As the Centralized Application and Management System (CAMS) is implemented, at a minimum,

the following must be observed:

a. The only CAMS User Role that a consultant or PDC staff may be assigned on the grantee’s

Manage Staff and/or Project pages is “Consultant.” While documents may be prepared and

uploaded into CAMS by a “Consultant,” only the grantee can submit them.

b. Each file uploaded may be no larger than 20 to 25 megabytes, depending upon the

GRANTNEE’s connection. Multiple files can be compressed (zip) into one file. Executed

documents must be scanned in their entirety and as a single document.

c. The original executed GRANT AGREEMENT must be mailed or scanned in its entirety to

DHCD, along with the original Certification of Signatures and Address. Upon receipt of the

AGREEMENT, it will be signed by DHCD’s Senior Deputy Director. DHCD will upload the

executed AGREEMENT into CAMS. The GRANTEE must download a copy and place it into

the official grant project files.

d. After the AGREEMENT has been executed, the GRANTEE must submit the project budget

into CAMS.

e. After it has been signed by all required signatories except for the Community Development

Specialist, the Project Management Plan, including the timeline, must be mailed to DHCD.

The Plan will be signed by the Community Development Specialist and uploaded into CAMS.

f. All correspondence, including contract amendment and budget revision requests, must be

uploaded into “Reports & Documents” in CAMS as correspondence documents.

g. All ACTIVITIES required by this contract must be uploaded into “Reports & Documents” in

CAMS as contract documents.

h. All remittance requests must be submitted through “Remittance” in CAMS. If products are

submitted in “Reports & Documents” at the same time as a remittance request, the explanation

text box at the bottom of the Remittances screen must note this fact.

i. The following pre-contract activity documents must be scanned in its entirety and as a single

document and uploaded into “Reports & Documents” in CAMS as contract documents:

Published Combined Notice of FONSI & NOI-RROF advertisement; Executed Request for

Release of Funds and Certification; Executed Fair Housing Certification; Executed Program

Income Plan, including the list of appointed Oversight Board members, if appropriate;

Executed Program Design(s), including Oversight Board by-laws, if appropriate; Executed

Industry Agreements; and Executed Certification of Signatures and Address.

j. All annual financial audit reports as required by this AGREEMENT shall be submitted

through CAMS.

ul

Throughout the life of the project, the GRANTEE will ensure that the appropriate staff attends all required DHCD training, including the annual Grant Management Workshop. Depending upon the training being offered, the individuals who must attend may include the grant manager, the rehabilitation specialist, the federal labor standards contract compliance officer and/or the financial manager.

As the Centralized Application and Management System (CAMS) is implemented, at a minimum, the following must be observed:

a

The only CAMS User Role that a consultant or PDC staff may be assigned on the grantee’s Manage Staff and/or Project pages is “Consultant.” While documents may be prepared and uploaded into CAMS by a “Consultant,” only the grantee can submit them,

Each file uploaded may be no larger than 20 to 25 megabytes, depending upon the GRANTNEE’s connection. Multiple files can be compressed (zip) into one file. Executed documents must be scanned in their entirety and as a single document.

‘The original executed GRANT AGREEMENT must be mailed or scanned in its entirety to DHCD, along with the original Certification of Signatures and Address. Upon receipt of the AGREEMENT, it will be signed by DHCD’s Senior Deputy Director. DHCD will upload the executed AGREEMENT into CAMS. The GRANTEE must download a copy and place it into the official grant project files.

‘After the AGREEMENT has been executed, the GRANTEE must submit the project budget into CAMS.

Afier it has been signed by all required signatories except for the Community Development Specialist, the Project Management Plan, including the timeline, must be mailed to DHCD. The Plan will be signed by the Community Development Specialist and uploaded into CAMS.

All correspondence, including contra uploaded into “Reports & Documents’

amendment and budget revision requests, must be in CAMS as correspondence documents.

All ACTIVITIES required by this contract must be uploaded into “Reports & Documents” in CAMS as contract documents.

All remittance requests must be submitted through “Remittance” in CAMS. If products are submitted in “Reports & Documents” at the same time as a remittance request, the explanation text box at the bottom of the Remittances screen must note this fact.

‘The following pre-contract activity documents must be scanned in its entirety and as a single document and uploaded into “Reports & Documents” in CAMS as contract documents: Published Combined Notice of FONSI & NOI-RROF advertisement; Executed Request for Release of Funds and Certification; Executed Fair Housing Certification; Executed Program Income Plan, including the list of appointed Oversight Board members, if appropriate; Executed Program Design(s), including Oversight Board by-laws, if appropriate; Executed Industry Agreements; and Executed Certification of Signatures and Address.

All annual financial audit reports as required by this AGREEMENT shall be submitted through CAMS.

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GENERAL CONDITIONS

  1. DEFINITIONS - Whenever used in the CONTRACT DOCUMENTS the following terms when

written in all capital letters shall have the meanings indicated and shall be applicable to both the

singular and plural thereof:

A. AMENDMENT - A formal addition or modification to the CONTRACT DOCUMENTS

which has been approved in writing by both parties, and which affects the scope, objectives

or completion date of the PROJECT, or which affects the manner in which the PROJECT is

to be carried out.

B. APPLICANT - The entity which made the proposal for COMMUNITY IMPROVEMENT

GRANT funding and accepted responsibility for assuring compliance and performance of all

conditions.

C. ASSURANCES - The ASSURANCES which are attached to this document.

D. COMMUNITY IMPROVEMENT GRANT (CIG) - The funds, the PROJECT and

PRODUCTS to be funded, and all conditions, laws and regulations affecting administration

of funds currently in effect or as subsequently amended, and provided by DHCD to the

GRANTEE from Community Development Block Grant funds allocated by the U.S.

Department of Housing and Urban Development.

E. CONTRACT DOCUMENTS - The legal agreement between DHCD and the GRANTEE

including the AGREEMENT and all documents referenced in paragraph 9 thereof.

F. GRANTEE – The entity which is the recipient of CIG funds and as such must comply with

CONTRACT DOCUMENTS.

G. MANUAL - The Community Improvement Grant Management Manual, which contains

required forms and instructions for the administration of CIG’s and provides required and

non-required procedures for project management.

H. PRODUCT – A PROJECT activity which constitutes a specific portion of the PROJECT, and

as such is covered by its own budget.

I. PROJECT - The physical activities undertaken to meet the overall stated objective for which

CIG funding is utilized.

J. PROJECT MANAGEMENT PLAN - A plan prepared by the Grantee, which identifies roles,

responsibilities, method of contract administration and oversight, key dates for task

implementation and completion, analysis of potential problems and management

organization.

K. WORK - All labor, equipment and materials necessary to produce the construction of the

PROJECT as required by the CONTRACT DOCUMENTS.

L. WRITTEN NOTICE - Any notice from one party to the AGREEMENT to the other signed

by an authorized official which transmits binding statements of fact or condition and is

delivered to the appropriate authorized official either in person or through the United States

mail.

GENERAL CONDITIONS

DEFINITIONS - Whenever used in the CONTRACT DOCUMENTS the following terms when written in all capital letters shall have the meanings indicated and shall be applicable to both the singular and plural thereof:

A

AMENDMENT - A formal addition or modification to the CONTRACT DOCUMENTS which has been approved in writing by both parties, and which affects the scope, objectives or completion date of the PROJECT, or which affects the manner in which the PROJECT is to be carried out.

APPLICANT - The entity which made the proposal for COMMUNITY IMPROVEMENT GRANT funding and accepted responsibility for assuring compliance and performance of all conditions.

ASSURANCES - The ASSURANCES which are attached to this document.

COMMUNITY IMPROVEMENT GRANT (CIG) - The funds, the PROJECT and PRODUCTS to be funded, and all conditions, laws and regulations affecting administration of funds currently in effect or as subsequently amended, and provided by DHCD to the GRANTEE from Community Development Block Grant funds allocated by the U.S. Department of Housing and Urban Development.

CONTRACT DOCUMENTS - The legal agreement between DHCD and the GRANTEE including the AGREEMENT and all documents referenced in paragraph 9 thereof.

GRANTEE — The entity which is the recipient of CIG funds and as such must comply with CONTRACT DOCUMENTS.

MANUAL - The Community Improvement Grant Management Manual, which contains required forms and instructions for the administration of CIG’s and provides required and non-required procedures for project management.

PRODUCT ~ A PROJECT activity which constitutes a specific portion of the PROJECT, and as such is covered by its own budget.

PROJECT - The physical activities undertaken to meet the overall stated objective for which CIG funding is utilized.

PROJECT MANAGEMENT PLAN - A plan prepared by the Grantee, which identifies roles, responsibilities, method of contract administration and oversight, key dates for task implementation and completion, analysis of potential problems and management organization

WORK - All labor, equipment and materials necessary to produce the construction of the PROJECT as required by the CONTRACT DOCUMENTS.

WRITTEN NOTICE - Any notice from one party to the AGREEMENT to the other signed by an authorized official which transmits binding statements of fact or condition and is delivered to the appropriate authorized official either in person or through the United States mail.

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  1. ADMINISTRATIVE PROCEDURES - The GRANTEE shall perform all contracted WORK and

administer all grant funds and activities in conformance with the general terms and special

conditions set forth where required in DHCD’s MANUAL, and any WRITTEN NOTICES from

DHCD.

  1. ACCOUNTING RECORDS - The GRANTEE shall establish and maintain separate accounts within

its existing accounting system or set up accounts independently which are in conformity with the

requirements of the Code of Federal Regulations (24 CFR Part 85), the DHCD MANUAL

requirements and any WRITTEN NOTICES from DHCD. The GRANTEE shall record in its

accounting system all Grant payments received by it pursuant to this Grant and all other funds

provided for, accruing to, or otherwise received on account of the Grant.

All costs, including paid services contributed by the GRANTEE or others, charged to the Grant

shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers

evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices,

contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the

Grant shall be clearly identified, readily accessible, and separate and distinct from all other such

documents. Such documents shall reside at the offices of the GRANTEE locality.

  1. COSTS INCURRED PRIOR TO GRANT AGREEMENT EXECUTION - No costs incurred prior

to the execution of the AGREEMENT shall be eligible for reimbursement with Grant funds, unless

such incurred costs are authorized in writing by DHCD.

  1. PROGRAM BUDGET - The GRANTEE shall carry out activities and incur costs only in

conformance with the latest approved budget for the Grant and subject to the provisions of these

CONTRACT DOCUMENTS. The budget may be revised through Administrative Procedures

detailed in the MANUAL, but no such budget or revision shall be effective unless and until the

Department shall have approved the same in writing or as indicated in item 16 of these General

Conditions.

  1. RECORDS – The GRANTEE shall maintain accurate, complete and orderly documentation of

CDBG-funded activities in conformance with the provisions of these CONTRACT DOCUMENTS

and the MANUAL. Records shall be readily accessible to DHCD, appropriate State and Federal

agencies, or any of their duly authorized representatives, and the general public during the course

of the project. The records shall remain intact and accessible for ten (10) years from the day of

DHCD’s acceptance of the final audit or financial statements. If any litigation claim or audit is

started before the expiration of the ten (10) year period, the records shall be retained until such

action is resolved. Notwithstanding, records of any nonexpendable property must be retained for a

ten (10) year period following final disposition.

  1. REPORTS - The GRANTEE shall furnish, regularly and in such form as DHCD may require,

reports concerning the status of project activities and grant funds. Such reports shall be submitted

in the form and manner as prescribed in the MANUAL and in WRITTEN NOTICES from DHCD.

All reports shall be completed in full and submitted at the time prescribed by DHCD. Reports shall

contain accurate information and shall detail any problems, delays or adverse conditions

experienced.

ADMINISTRATIVE PROCEDURES - The GRANTEE shall perform all contracted WORK and administer all grant funds and activities in conformance with the general terms and special conditions set forth where required in DHCD’s MANUAL, and any WRITTEN NOTICES from DHCD.

ACCOUNTING RECORDS - The GRANTEE shall establish and maintain separate accounts within its existing accounting system or set up accounts independently which are in conformity with the requirements of the Code of Federal Regulations (24 CFR Part 85), the DHCD MANUAL requirements and any WRITTEN NOTICES from DHCD. The GRANTEE shall record in its accounting system all Grant payments received by it pursuant to this Grant and all other funds provided for, accruing to, or otherwise received on account of the Grant.

All costs, including paid services contributed by the GRANTEE or others, charged to the Grant shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Grant shall be clearly identified, readily accessible, and separate and distinct from all other such documents. Such documents shall reside at the offices of the GRANTEE locality.

COSTS INCURRED PRIOR TO GRANT AGREEMENT EXECUTION - No costs incurred prior to the execution of the AGREEMENT shall be eligible for reimbursement with Grant funds, unless such incurred costs are authorized in writing by DHCD.

PROGRAM BUDGET - The GRANTEE shall carry out activities and incur costs only in conformance with the latest approved budget for the Grant and subject to the provisions of these CONTRACT DOCUMENTS. The budget may be revised through Administrative Procedures detailed in the MANUAL, but no such budget or revision shall be effective unless and until the Department shall have approved the same in writing or as indicated in item 16 of these General Conditions

RECORDS ~ The GRANTEE shall maintain accurate, complete and orderly documentation of CDBG-funded activities in conformance with the provisions of these CONTRACT DOCUMENTS, and the MANUAL. Records shall be readily accessible to DHCD, appropriate State and Federal agencies, or any of their duly authorized representatives, and the general public during the course of the project. The records shall remain intact and accessible for ten (10) years from the day of DHCD’s acceptance of the final audit or financial statements. If any litigation claim or audit is started before the expiration of the ten (10) year period, the records shall be retained until such action is resolved. Notwithstanding, records of any nonexpendable property must be retained for a ten (10) year period following final disposition.

REPORTS - The GRANTEE shall furnish, regularly and in such form as DHCD may require, reports concerning the status of project activities and grant funds. Such reports shall be submitted in the form and manner as prescribed in the MANUAL and in WRITTEN NOTICES from DHCD.

All reports shall be completed in full and submitted at the time prescribed by DHCD. Reports shall contain accurate information and shall detail any problems, delays or adverse conditions experienced.

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  1. QUALITY CONTROL - The GRANTEE accepts the responsibility to assure that all grant funded

PRODUCTS shall be implemented with the highest possible degree of competence, workmanship,

quality and cost effectiveness. To this end, the GRANTEE shall provide a system of quality control

to include all aspects of grant administration and project implementation.

The GRANTEE shall obtain a certification of inspection and final completion signed by the project

engineer or by the person responsible for quality control at the completion of each construction

ACTIVITY.

  1. COMMUNICATIONS - WRITTEN NOTICES shall constitute the only means of binding

statements of fact or condition between the parties of this agreement. All required reports and

requests to be issued by the GRANTEE must be made by way of a WRITTEN NOTICE unless

other means are specified in the CONTRACT DOCUMENTS. Please note that project-specific

technical assistance provided via email does NOT have the weight of official WRITTEN NOTICE.

Rather, it is comparable to oral technical assistance discussions. All directives, findings and other

formal issuance by DHCD must be transmitted through a WRITTEN NOTICE unless otherwise

specified in the CONTRACT DOCUMENTS.

WRITTEN NOTICES shall be signed by and addressed to the appropriate authorized official and

shall be considered transmitted when delivered in person, uploaded into CAMS or through the

United States mail.

The GRANTEE shall act upon and respond to WRITTEN NOTICES promptly as directed.

  1. ACCESS TO BENEFITS - No access or connection fees shall be charged to low- and

moderate-income persons for access to improvements or benefits provided by grant funds. All

low- and moderate-income persons identified in the proposal shall be assured access to and use of

grant assisted improvements by regular user charges for the specified service.

  1. BENEFITS - The PROJECT shall be implemented in such a manner so as to provide benefits to all

persons identified in the project proposal. Affirmative steps shall be taken to assure direct benefit

to low- and moderate-income persons in the number and extent identified in the proposal.

  1. PROGRAM INCOME - Any income derived from activities financed with grant funds is program

income and shall be utilized in the following manner:

A. Program income earned during the life of the grant is considered Active Program Income. It

must be tracked by contract year. A contract year begins with the effective date of the contract

and concludes 364 days later. Grantees shall track all Program Income based on the date that it

is earned and report said amounts to DHCD when requested. When Active Program Income

exceeds $35,000 in any given contract year, 100% of that income earned must be spent

immediately for eligible project expenses in lieu of drawing down funds. The Grantee may be

able to access the total amount of CDBG funds in the grant agreement provided the Grantee has

an approved Program Income Plan, the project is completed in a timely manner, and there are

eligible project expenses that can be incurred in delivering products consistent with the CDBG

grant agreement.

M1

QUALITY CONTROL - The GRANTEE accepts the responsibility to assure that all grant funded PRODUCTS shall be implemented with the highest possible degree of competence, workmanship, quality and cost effectiveness. To this end, the GRANTEE shall provide a system of quality control to include all aspects of grant administration and project implementation,

The GRANTEE shall obtain a certification of inspection and final completion signed by the project engineer or by the person responsible for quality control at the completion of each construction ACTIVITY.

COMMUNICATIONS - WRITTEN NOTICES shall constitute the only means of binding statements of fact or condition between the parties of this agreement. All required reports and requests to be issued by the GRANTEE must be made by way of a WRITTEN NOTICE unless other means are specified in the CONTRACT DOCUMENTS. Please note that project-specific technical assistance provided via email does NOT have the weight of official WRITTEN NOTICE. Rather, it is comparable to oral technical assistance discussions. All directives, findings and other formal issuance by DHCD must be transmitted through a WRITTEN NOTICE unless otherwise specified in the CONTRACT DOCUMENTS.

WRITTEN NOTICES shall be signed by and addressed to the appropriate authorized official and shall be considered transmitted when delivered in person, uploaded into CAMS or through the United States mail.

The GRANTEE shall act upon and respond to WRITTEN NOTICES promptly as directed.

ACCESS TO BENEFITS - No access or connection fees shall be charged to low- and moderate-income persons for access to improvements or benefits provided by grant funds. All low- and moderate-income persons identified in the proposal shall be assured access to and use of grant assisted improvements by regular user charges for the specified service

BENEFITS - The PROJECT shall be implemented in such a manner so as to provide benefits to all persons identified in the project proposal, Affirmative steps shall be taken to assure direct benefit to low- and moderate-income persons in the number and extent identified in the proposal.

PROGRAM INCOME - Any income derived from activities financed with grant funds is program income and shall be utilized in the following manner:

A. Program income earned during the life of the grant is considered Active Program Income. It must be tracked by contract year. A contract year begins with the effective date of the contract and concludes 364 days later. Grantees shall track all Program Income based on the date that it is earned and report said amounts to DHCD when requested. When Active Program Income exceeds $35,000 in any given contract year, 100% of that income eared must be spent immediately for eligible project expenses in lieu of drawing down funds. The Grantee may be able to access the total amount of CDBG funds in the grant agreement provided the Grantee has an approved Program Income Plan, the project is completed in a timely manner, and there are eligible project expenses that can be incurred in delivering products consistent with the CDBG grant agreement.

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When Active Program Income is less than $35,000 in a given contract year, it does not have to

be expended immediately. It may be held in an interest bearing account. The Active Program

Income and interest earned from it must be tracked by the Grantee. All Active Program Income

earned in given program years in amounts of under $35,000 per year can accumulate until the

end of the project. The cumulative amount of these funds shall be used on eligible CDBG project

activities at the end of the project. In these cases, the Grantee may use the program income in

addition to the total amount of CDBG funds in the grant agreement provided the Grantee has an

approved Program Income Plan, the project is completed in a timely manner, and there are

eligible project expenses that can be incurred in delivering products consistent with the CDBG

grant agreement. Funds remaining at Administrative Closeout of the grant must be returned to

DHCD.

B. Miscellaneous revenue is proceeds received in a 12-month reporting period (July 1 – June 30)

of less than $35,000 from an administratively closed project funded with CDBG monies. No

amount of miscellaneous revenue received in the reporting period may be expended until after

the period has ended and that fiscal year’s report has been submitted to and approved DHCD.

Grantees must retain the funds until it is authorized by DHCD to expend the proceeds locally.

It must be returned to DHCD, unless DHCD has approved a Program Income Plan. Program

Income Plans must be revised when the Grantee wants to change the activities approved. The

revised plan must be submitted to DHCD for review and approval.

C. Inactive program income is all revenue received in a 12-month reporting period (July 1 – June

  1. of ≥$35,000 from an administratively closed project funded with CDBG monies. All

inactive program income received in the 12-month reporting period will be held in reserve until

after the reporting period has ended and that fiscal year’s report has been submitted to and

approved by DHCD.

At the time the report is submitted, a specific work plan and budget may be submitted, outlining

the proposed use of inactive program income. A timeline to expend all funds within twelve (12)

months must be included. Work plans will only be approved if the proposed activities are the

same activities for which the proceeds were generated.

Inactive program income must be reported to DHCD along with the other required annual

reports; e.g., Activity and Beneficiary, Section 3, and Contract and Subcontract Activity Reports

at the end of the state fiscal year.

It must be reported for five years and then can be expended according to the approved Program

Income Plan.

Projects assisted with tax credits or other equity investment type projects MUST return all of its

inactive program income to DHCD. Contact the Division of Community Development’s Fiscal

Analyst for instructions on how to do so.

D. Any lump sum receipt of inactive program income of $35,000 or more during a state fiscal year

(July 1 – June 30) must be reported to DHCD at the time it is received and transmitted to DHCD

within 60 days. Returned funds should be made payable to Treasurer of Virginia. The check’s

memo line should indicate the grant number and the type of funds being returned; e.g., CDBG

inactive program income. A reference in the required audit is not sufficient.

When Active Program Income is less than $35,000 in a given contract year, it does not have to be expended immediately. It may be held in an interest bearing account. The Active Program Income and interest earned from it must be tracked by the Grantee. All Active Program Income earned in given program years in amounts of under $35,000 per year can accumulate until the end of the project. The cumulative amount of these funds shall be used on eligible CDBG project activities at the end of the project. In these cases, the Grantee may use the program income in addition to the total amount of CDBG funds in the grant agreement provided the Grantee has an approved Program Income Plan, the project is completed in a timely manner, and there are eligible project expenses that can be incurred in delivering products consistent with the CDBG grant agreement, Funds remaining at Administrative Closeout of the grant must be returned to DHCD.

scellaneous revenue is proceeds received in a 12-month reporting period (July 1 — June 30) of less than $35,000 from an administratively closed project funded with CDBG monies. No amount of miscellaneous revenue received in the reporting period may be expended until after the period has ended and that fiscal year’s report has been submitted to and approved DHCD. Grantees must retain the funds until it is authorized by DHCD to expend the proceeds locally. It must be returned to DHCD, unless DHCD has approved a Program Income Plan. Program Income Plans must be revised when the Grantee wants to change the activities approved. The revised plan must be submitted to DHCD for review and approval.

. Inactive program income is all revenue received in a 12-month reporting period (July 1 ~ June 30) of >$35,000 from an administratively closed project funded with CDBG monies. All inactive program income received in the 12-month reporting period will be held in reserve until afier the reporting period has ended and that fiscal year’s report has been submitted to and approved by DHCD.

Atthe time the report is submitted, a specific work plan and budget may be submitted, outlining the proposed use of inactive program income. A timeline to expend all funds within twelve (12) months must be included. Work plans will only be approved if the proposed activities are the same activities for which the proceeds were generated.

Inactive program income must be reported to DHCD along with the other required annual reports; e.g., Activity and Beneficiary, Section 3, and Contract and Subcontract Activity Reports at the end of the state fiscal year.

It must be reported for five years and then can be expended according to the approved Program Income Plan.

Projects assisted with tax credits or other equity investment type projects MUST return all of its inactive program income to DHCD. Contact the Division of Community Development’s Fiscal Analyst for instructions on how to do so.

. Any lump sum receipt of inactive program income of $35,000 or more during a state fiscal year (uly 1 — June 30) must be reported to DHCD at the time it is received and transmitted to DHCD within 60 days. Returned funds should be made payable to Treasurer of Virginia. The check’s ‘memo line should indicate the grant number and the type of funds being returned; e.g., CDBG inactive program income. A reference in the required audit is not sufficient.

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E. Program income funds must be accounted for separately on the balance sheet. It must be tracked

by the amounts due and received monthly by client’s name, separated by active/inactive status

and by contract number, project year and by amount expended annually. Copies of supporting

documents must be placed in the grant project files.

  1. CONTRACT SECURITY - The GRANTEE shall secure all materials and equipment, purchased or

paid for with grant funds through insurance coverage of the full value of the same.

All persons contracted, employed or otherwise utilized in the grant and having responsibility for the

management, disposition, expenditure or use of Grant funds shall be bonded by a surety registered

to do business in the Commonwealth of Virginia in an amount commensurate with their authority

and potential liability.

  1. METHOD AND TIMING OF PAYMENT - The GRANTEE shall utilize Request for Payment

procedures as specified in the MANUAL. The GRANTEE shall request funds only for those

amounts which have been obligated, encumbered or expended through other accounts and which

can be expended upon receipt or soon thereafter. To this end, the GRANTEE shall develop a

financial management system which provides for timely expenditure of requested grant funds.

  1. DRAWDOWN AND PAYMENT OF GRANT FUNDS - Drawdowns and expenditure of CDBG

funds must be made subsequent to or in proportion to other funds within the budget per activity, and

in accord with an agreed-upon pay-for-performance schedule.

  1. BUDGET REVISIONS/AMENDMENTS - The GRANTEE shall not obligate, encumber, spend or

otherwise utilize CIG funds for any activity or purpose not included or not in conformance with the

budget as apportioned and as submitted to DHCD unless the GRANTEE has received explicit

approval by WRITTEN NOTICE from DHCD to undertake such actions.

  1. CHANGE ORDERS - DHCD must approve all change orders on construction contracts. Any

change order, regardless of cost, which results in a change of project scope, will be a disallowed

cost.

  1. TERMINATION, SUSPENSION, CONDITIONS -

A. FOR CAUSE - If through any cause, the GRANTEE or DHCD fails to comply with the terms,

conditions or requirements of the CONTRACT DOCUMENTS the other party may terminate

or suspend this AGREEMENT by giving WRITTEN NOTICE of the same and specifying the

effective date of termination or suspension at least five (5) days prior to such action.

If, after the effective date of any suspension of this AGREEMENT, it is mutually agreeable to

DHCD and the GRANTEE upon remedy of any contract violation by the GRANTEE or DHCD,

the suspension may be lifted and the AGREEMENT shall be in full force and effect at a specified

date after the parties have exchanged WRITTEN NOTICES stating a mutual understanding that

the cause for suspension has been identified, agreed to and remedied.

In the case of contract violations by the GRANTEE, DHCD may impose conditions other than

termination or suspension which are appropriate to ensure proper grant and project

administration and adherence to the terms of the CONTRACT DOCUMENTS. Such conditions

must be imposed through WRITTEN NOTICE.

14,

E, Program income funds must be accounted for separately on the balance sheet. It must be tracked by the amounts due and received monthly by client’s name, separated by active/inactive status and by contract number, project year and by amount expended annually. Copies of supporting documents must be placed in the grant project files.

CONTRACT SECURITY - The GRANTEE shall secure all materials and equipment, purchased or paid for with grant funds through insurance coverage of the full value of the same.

All persons contracted, employed or otherwise utilized in the grant and having responsibility for the ‘management, disposition, expenditure or use of Grant funds shall be bonded by a surety registered to do business in the Commonwealth of Virginia in an amount commensurate with their authority and potential liability.

METHOD AND TIMING OF PAYMENT - The GRANTEE shall utilize Request for Payment procedures as specified in the MANUAL. The GRANTEE shall request funds only for those amounts which have been obligated, encumbered or expended through other accounts and which can be expended upon receipt or soon thereafter. To this end, the GRANTEE shall develop a financial management system which provides for timely expenditure of requested grant funds.

DRAWDOWN AND PAYMENT OF GRANT FUNDS - Drawdowns and expenditure of CDBG funds must be made subsequent to or in proportion to other funds within the budget per activity, and in accord with an agreed-upon pay-for-performance schedule,

BUDGET REVISIONS/AMENDMENTS - The GRANTEE shall not obligate, encumber, spend or otherwise utilize CIG funds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to DHCD unless the GRANTEE has received explicit approval by WRITTEN NOTICE from DHCD to undertake such actions.

CHANGE ORDERS - DHCD must approve all change orders on construction contracts. Any change order, regardless of cost, which results in a change of project scope, will be a disallowed cost.

TERMINATION, SUSPENSION, CONDITIONS -

A. FOR CAUSE - If through any cause, the GRANTEE or DHCD fails to comply with the terms, conditions or requirements of the CONTRACT DOCUMENTS the other party may terminate or suspend this AGREEMENT by giving WRITTEN NOTICE of the same and specifying the effective date of termination or suspension at least five (5) days prior to such action.

If, after the effective date of any suspension of this AGREEMENT, it is mutually agreeable to DHCD and the GRANTEE upon remedy of any contract violation by the GRANTEE or DHCD, the suspension may be lifted and the AGREEMENT shall be in full force and effect at a specified date afier the parties have exchanged WRITTEN NOTICES stating a mutual understanding that the cause for suspension has been identified, agreed to and remedied.

In the case of contract violations by the GRANTEE, DHCD may impose conditions other than termination or suspension which are appropriate to ensure proper grant and project administration and adherence to the terms of the CONTRACT DOCUMENTS. Such conditions must be imposed through WRITTEN NOTICE.

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B. FOR CONVENIENCE - DHCD may terminate this AGREEMENT for convenience in the event

that DHCD is no longer authorized as an agency to administer the CDBG program or if the

federal funds allocated are no longer available.

The GRANTEE may terminate this AGREEMENT for convenience at any time provided that

all of the following conditions are met:

i. The GRANTEE gives DHCD ten (10) days WRITTEN NOTICE; and

ii. The PRODUCTS which have been initiated either have been completed and may be

utilized in their stage of completion in a manner consistent with the objectives in the

GRANTEE’S CIG Proposal, or will be completed by the GRANTEE through its own or

other resources; and

iii. The GRANTEE had honored or will honor all contractual obligations to third parties

affected by the PROJECT; and

iv. DHCD agrees to the termination.

A GRANTEE’S valid termination for convenience in accordance with these CONTRACT

DOCUMENTS shall not affect nor prejudice the GRANTEE’S future relationship with DHCD

nor its future consideration as a CIG recipient.

  1. SUBSEQUENT CONTRACTS - The GRANTEE shall remain fully obligated under the provisions

of the CONTRACT DOCUMENTS notwithstanding its designation of any subsequent or third

parties for the undertaking of all or part of the PRODUCTS for which the Grant assistance is being

provided to the GRANTEE.

Any GRANTEE or CONTRACTOR or SUBCONTRACTOR which is not the APPLICANT shall

comply with all the lawful requirements of the APPLICANT necessary to ensure that the PROJECT

for which this assistance is being provided under this AGREEMENT is carried out in accordance

with the APPLICANT’S Assurances and Certifications.

Grantees shall obtain a financial disclosure report from all contractors, subcontractors, developers,

and consultants which certifies the financial interest of all officers, directors, principal stockholders,

or other persons who will have a $50,000 or 10 percent or greater interest in the contract whichever

is lower.

  1. POLITICAL ACTIVITY PROHIBITED - None of the funds, materials, property or services

contributed by the DHCD or the GRANTEE, under this AGREEMENT, shall be used in the

performance of this AGREEMENT for any partisan political activity, or to further the election or

defeat of any candidate for public office.

  1. INTEREST OF MEMBER OF AGENCY AND OTHERS - No officer, member, or employee of

the GRANTEE and no member of its governing body, and no other public official of the governing

body of the locality or localities in which the PROJECT is situated or being carried out, who

exercises any functions or responsibilities in the review or approval of the undertaking or carrying

out of this PROJECT shall participate in any decision relating to this AGREEMENT which affects

his personal interest or have any personal or pecuniary interest, direct or indirect, in this

AGREEMENT or the proceeds thereof.

B, FOR CONVENIENCE - DHCD may terminate this AGREEMENT for convenience in the event that DHCD is no longer authorized as an agency to administer the CDBG program or if the federal funds allocated are no longer available.

‘The GRANTEE may terminate this AGREEMENT for convenience at any time provided that all of the following conditions are met

i. The GRANTEE gives DHCD ten (10) days WRITTEN NOTICE; and

ii, The PRODUCTS which have been initiated either have been completed and may be utilized in their stage of completion in a manner consistent with the objectives in the GRANTEE’S CIG Proposal, or will be completed by the GRANTEE through its own or other resources; and

iii. The GRANTEE had honored or will honor all contractual obligations to third parties affected by the PROJECT; and

iv. DHCD agrees to the termination.

‘A GRANTEE’S valid termination for convenience in accordance with these CONTRACT DOCUMENTS shall not affect nor prejudice the GRANTEE’S future relationship with DHCD nor its future consideration as a CIG recipient.

SUBSEQUENT CONTRACTS - The GRANTEE shall remain fully obligated under the provisions of the CONTRACT DOCUMENTS notwithstanding its designation of any subsequent or third parties for the undertaking of all or part of the PRODUCTS for which the Grant assistance is being provided to the GRANTEE.

Any GRANTEE or CONTRACTOR or SUBCONTRACTOR which is not the APPLICANT shall comply with all the lawful requirements of the APPLICANT necessary to ensure that the PROJECT for which this assistance is being provided under this AGREEMENT is carried out in accordance with the APPLICANT’S Assurances and Certifications.

Grantees shall obtain a financial disclosure report from all contractors, subcontractors, developers, and consultants which certifies the financial interest of all officers, directors, principal stockholders, or other persons who will have a $50,000 or 10 percent or greater interest in the contract whichever is lower.

POLITICAL ACTIVITY PROHIBITED - None of the funds, materials, property or services contributed by the DHCD or the GRANTEE, under this AGREEMENT, shall be used in the performance of this AGREEMENT for any partisan political activity, or to further the election or defeat of any candidate for public office

INTEREST OF MEMBER OF AGENCY AND OTHERS - No officer, member, or employee of the GRANTEE and no member of its governing body, and no other public official of the governing body of the locality or localities in which the PROJECT is situated or being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this PROJECT shall participate in any decision relating to this AGREEMENT which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this AGREEMENT or the proceeds thereof.

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  1. OFFICIALS NOT TO BENEFIT - No member of or delegate to the Congress of the United States

of America and no Resident Commissioner shall be admitted to any share or part hereof or to any

benefit to arise therefrom.

  1. CERTIFICATIONS - The GRANTEE certifies that it will comply with the following:

A. Freedom of Information Act;

B. Virginia Conflict of Interest Act; and

C. Virginia Fair Employment Contracting Act.

  1. BENEFICIARIES - There are no third party beneficiaries of this AGREEMENT. The provisions

contained in these CONTRACT DOCUMENTS represent the entire AGREEMENT between

DHCD and the GRANTEE. The provisions are designed to assist in meeting the community needs

of the GRANTEE identified in the GRANTEE’S CIG proposal, but are not designed to accrue to

the specific benefit of any individual person or entity residing or located in the GRANTEE’S

community or elsewhere. Consequently, the terms of these CONTRACT DOCUMENTS may be

enforced by DHCD or the GRANTEE exclusively and not by any individual person or entity

residing or located in the GRANTEE’S community or elsewhere as a third-party beneficiary of this

contract.

  1. AUDITS – All GRANTEES that receive funding during a program year and/or have projects in

progress are required to submit financial statements to DHCD. Required statements are as follows:

Financial Statement**, Reviewed Financial Statement prepared by an independent Certified Public

Accountant (CPA), Financial Statements that have been audited by an independent CPA or an audit

required by the Code of Federal Regulations (CFR), (2 CFR 200 Subpart F), audited by an

independent CPA. Please see the table below to determine which document your organization is

required to submit.

The threshold requirements outlined below are the minimal standards required by DHCD. We

strongly encourage all organizations receiving funds from DHCD to undertake the highest level of

financial management review to ensure practices and procedures are fully examined and evaluated.

Threshold Requirement Document

Total annual expenditures <$100,000

(Regardless of source)

Financial Statement(s) prepared by

organizations**

Total annual expenditure between

$100,001 and $300,000 (Regardless of

source)

Reviewed Financial Statement(s) prepared by an

Independent Certified Public Accountant (CPA)

Total annual expenditures > $300,000

(Regardless of source)

Financial Statement(s) that have been audited by

an Independent CPA

Federal expenditures >$750,000 2 CFR 200 Subpart F Audit – Audited by an

Independent CPA

**Does not require preparation by a CPA

Required financial statements must be submitted yearly, within nine (9) months after the end of

your fiscal year or 30 (thirty) days after it has been accepted (reviewed financial Statement(s),

audited financial statement(s), and 2 CFR 200 Subpart F audit only) -whichever comes first.

OFFICIALS NOT TO BENEFIT - No member of or delegate to the Congress of the United States of America and no Resident Commissioner shall be admitted to any share or part hereof or to any benefit to arise therefrom.

CERTIFICATIONS - The GRANTEE certifies that it will comply with the following

A. Freedom of Information Act; B. Virginia Conflict of Interest Act; and C. Virginia Fair Employment Contracting Act.

BENEFICIARIES - There are no third party beneficiaries of this AGREEMENT. The provisions contained in these CONTRACT DOCUMENTS represent the entire AGREEMENT between DHCD and the GRANTEE. The provisions are designed to assist in meeting the community needs of the GRANTEE identified in the GRANTEE’S CIG proposal, but are not designed to accrue to the specific benefit of any individual person or entity residing or located in the GRANTEE’S community or elsewhere. Consequently, the terms of these CONTRACT DOCUMENTS may be enforced by DHCD or the GRANTEE exclusively and not by any individual person or entity residing or located in the GRANTEE’S community or elsewhere as a third-party beneficiary of this contract.

AUDITS — All GRANTEES that receive funding during a program year and/or have projects in progress are required to submit financial statements to DHCD. Required statements are as follow: Financial Statement**, Reviewed Financial Statement prepared by an independent Certified Public Accountant (CPA), Financial Statements that have been audited by an independent CPA or an audit required by the Code of Federal Regulations (CFR), (2 CFR 200 Subpart F), audited by an independent CPA. Please see the table below to determine which document your organization is required to submit.

The threshold requirements outlined below are the minimal standards required by DHCD. We strongly encourage all organizations receiving funds from DHCD to undertake the highest level of financial management review to ensure practices and procedures are fully examined and evaluated.

Threshold Requirement Document Total annual expenditures <$100,000 Financial Statement(s) prepared by (Regardless of source) organizations** Total annual expenditure between Reviewed Financial Statement(s) prepared by an $100,001 and $300,000 (Regardless of Independent Certified Public Accountant (CPA) source) Total annual expenditures > $300,000 Financial Statement(s) that have been audited by (Regardless of source) an Independent CPA Federal expenditures $750,000 2 CFR 200 Subpart F Audit — Audited by an

Independent CPA.

**Does not require preparation by a CPA Required financial statements must be submitted yearly, within nine (9) months after the end of

your fiscal year or 30 (thirty) days after it has been accepted (reviewed financial Statement(s), audited financial statement(s), and 2 CFR 200 Subpart F audit only) -whichever comes first.

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Entities must electronically submit their financial statement(s), reviewed financial statement(s),

audit financial statement(s), 2 CFR 200 Subpart F audit in DHCD’s Centralized Application and

Management System (CAMS,) which requires the organization to register in CAMS at

https://dmz1.dhcd.virginia.gov/camsportal/Login.aspx. Entities are required to have a DHCD

reviewed and approved current audit or financial statement(s) in order to submit a remittance

request.

Additional reporting requirement (for local governments and non-profit organizations)

In accordance with the Code of Federal Regulations, Title 2 CFR Part 200 Subpart F, non-Federal

entities that expend $750,000 or more in federal awards within the entity’s fiscal year are required

to complete a “Data Collection Form for Reporting on Audits of States, Local Governments, and

Non-Profit Organizations” (see Appendix A for sample form), upload your audit to CAMS and

submit a copy of your Audited Financial Statement to the Federal Audit Clearinghouse at:

https://harvester.census.gov/facweb/files/2013 Form SF-SAC.pdf.

The full DHCD Audit Policy, including an explanation of the specific document requirements, can

be found online at: https://www.dhcd.virginia.gov/sites/default/files/Docx/audit-policy/dhcd-audit-

policy.pdf.

Entities must electronically submit their financial statement(s), reviewed financial statement(s), audit financial statement(s), 2 CFR 200 Subpart F audit in DHCD’s Centralized Application and Management System (CAMS,) which requires the organization to register in CAMS at hitps://dmz1.dhed virginia gov/camsportal/Login.aspx. Entities are required to have a DHCD reviewed and approved current audit or financial statement(s) in order to submit a remittance

request.

Additional reporting requirement (for local governments and non-profit organizations)

In accordance with the Code of Federal Regulations, Title 2 CFR Part 200 Subpart F, non-Federal entities that expend $750,000 or more in federal awards within the entity’s fiscal year are required to complete a “Data Collection Form for Reporting on Audits of States, Local Governments, and Non-Profit Organizations” (see Appendix A for sample form), upload your audit to CAMS and submit a copy of your Audited Financial Statement to the Federal Audit Clearinghouse at: hitps://harvester. census. gov/facweb/files/2013%20Form%20SF-SAC. pdf,

The full DHCD Audit Policy, including an explanation of the specific document requirements, can be found online at: https://www.dhed. virginia.gow/sites/default/files/Docx/audit-policy/dhed-audit- policy.pdf.

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ASSURANCES/CERTIFICATIONS

The GRANTEE hereby assures and certifies that:

  1. It possesses legal authority to execute the PROJECT.

  2. Its governing body has duly adopted or passed as an official act a resolution, motion, or similar

action authorizing the filing of the PROJECT application including all understandings and

assurances contained therein, and directing and authorizing the person identified as the official

representative of the GRANTEE to act in connection with the PROJECT application and to provide

such additional information as may be required.

  1. Its chief executive officer or other officer of GRANTEE approved by the Virginia Department of

Housing and Community Development:

A. Consents to assume the status of a responsible Federal official under the National

Environmental Policy Act of 1969 (NEPA) and other provisions of Federal law, as specified

at 24 CFR 58.5(a) through (h) which further the purposes of NEPA insofar as the provisions

of such Federal law apply to this Grant;

B. Is authorized and consents on behalf of the GRANTEE and himself to accept the jurisdiction

of the Federal and Commonwealth of Virginia courts for the purpose of enforcement of his

responsibilities as such an official.

  1. It will comply with the regulations, policies, guidelines and requirements of the Code of Federal

Regulations 2 CFR 200, as amended or replaced from time to time, as they relate to the PROJECT,

acceptance, and use of Federal funds under this Grant; and, as applicable, all State laws and

administrative requirements which may supersede them (by virtue of being more stringent).

  1. It will comply with:

A. Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or

rental of housing built with Federal assistance.

B. Section 906 of Public Law 100-625 (Cranston-Gonzalez National Affordable Housing Act)

which prohibits discrimination on the basis of religion or religious affiliation. No person shall

be excluded from participation in, denied the benefit of, or be subjected to discrimination under

any program or activity funded in whole or in part with CDBG funds on the basis of his or her

religion or religious affiliation.

C. Executive Order 11246, as amended (Contracts/subcontracts above $10,000)

During the performance of this contract, the GRANTEE agrees as follows:

(1) The GRANTEE will not discriminate against any employee or applicant for employment

because of race, color, religion, sex, or national origin. The GRANTEE will take

affirmative action to ensure that applicants are employed, and that employees are treated

during employment without regard to their race, color, religion, sex, or national origin.

Such action shall include, but not be limited to the following: Employment, upgrading,

demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates

ASSURANCES/CERTIFICATIONS

The GRANTEE hereby assures and certifies that:

1

It poss

ssses legal authority to execute the PROJECT.

Its governing body has duly adopted or passed as an official act a resolution, motion, or similar action authorizing the filing of the PROJECT application including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the GRANTEE to act in connection with the PROJECT application and to provide such additional information as may be required.

Its chief executive officer or other officer of GRANTEE approved by the Virginia Department of Housing and Community Development:

A. Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 (NEPA) and other provisions of Federal law, as specified at 24 CFR 58,5(a) through (h) which further the purposes of NEPA insofar as the provisions of such Federal law apply to this Grant;

B. Is authorized and consents on behalf of the GRANTEE and self to accept the jurisdiction of the Federal and Commonwealth of Virginia courts for the purpose of enforcement of his responsibilities as such an official.

It will comply with the regulations, policies, guidelines and requirements of the Code of Federal Regulations 2 CFR 200, as amended or replaced from time to time, as they relate to the PROJECT, acceptance, and use of Federal funds under this Grant; and, as applicable, all State laws and administrative requirements which may supersede them (by virtue of being more stringent).

It will comply with:

A. Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with Federal assistance.

B. Section 906 of Public Law 100-625 (Cranston-Gonzalez National Affordable Housing Act) which prohibits discrimination on the basis of religion or religious affiliation. No person shall be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds on the basis of his or her religion or religious affiliation.

C. Executive Order 11246, as amended (Contracts/subcontraets above $10,000) During the performance of this contract, the GRANTEE agrees as follows:

(1) The GRANTEE will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, The GRANTEE will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin, Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates

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of pay or other forms of compensation; and selection for training, including

apprenticeship. The GRANTEE agrees to post in conspicuous places, available to

employees and applicants for employment, notices to be provided setting forth the

provisions of this nondiscrimination clause.

(2) The GRANTEE will, in all solicitations or advertisements for employees placed by or on

behalf of the GRANTEE, state that all qualified applicants will receive considerations for

employment without regard to race, color, religion, sex, or national origin.

(3) The GRANTEE will send to each labor union or representative of workers with which he

has a collective bargaining agreement or other contract or understanding, a notice to be

provided advising the said labor union or workers’ representatives of the GRANTEE’s

commitments under this section, and shall post copies of the notice in conspicuous places

available to employees and applicants for employment.

(4) The GRANTEE will comply with all provisions of Executive Order 11246, as amended,

and of the rules, regulations, and relevant orders of the Secretary of Labor.

(5) The GRANTEE will furnish all information and reports required by Executive Order

11246, as amended, and by rules, regulations, and orders of the Secretary of Labor, or

pursuant thereto, and will permit access to his books, records, and accounts by the

administering agency and the Secretary of Labor for purposes of investigation to ascertain

compliance with such rules, regulations, and orders.

(6) In the event of the GRANTEE’s noncompliance with the nondiscrimination clauses of this

contract or with any of the said rules, regulations, or orders, this contract may be canceled,

terminated, or suspended in whole or in part and the GRANTEE may be declared

ineligible for further Government contracts or federally assisted construction contracts in

accordance with procedures authorized in Executive Order 11246, as amended, and such

other sanctions may be imposed and remedies invoked as provided in Executive Order

11246, as amended, or by rule, regulation, or order of the Secretary of Labor, or as

otherwise provided by law.

(7) The GRANTEE will include the portion of the sentence immediately preceding paragraph

(1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order

unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant

to section 204 of Executive Order 11246, as amended, so that such provisions will be

binding upon each subcontractor or vendor. The GRANTEE will take such action with

respect to any subcontract or purchase order as the administering agency may direct as a

means of enforcing such provisions, including sanctions for noncompliance: Provided,

however, That in the event a GRANTEE becomes involved in, or is threatened with,

litigation with a subcontractor or vendor as a result of such direction by the administering

agency the GRANTEE may request the United States to enter into such litigation to

protect the interests of the United States.

D. Subcontracts

Each contractor or subcontractor shall include the equal opportunity clause in each of its

subcontracts.

Q)

GB)

@)

(5)

(6)

(7)

of pay or other forms of compensation; and selection for training, including apprenticeship. The GRANTEE agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

The GRANTEE will, in all solicitations or advertisements for employees placed by or on behalf of the GRANTEE, state that all qualified applicants will receive considerations for ‘employment without regard to race, color, religion, sex, or national origin.

‘The GRANTEE will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the GRANTEE’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The GRANTEE will comply with all provisions of Executive Order 11246, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor.

The GRANTEE will furnish all information and reports required by Executive Order 11246, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

In the event of the GRANTEE’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the GRANTEE may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, as amended, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

The GRANTEE will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246, as amended, so that such provisions will be binding upon each subcontractor or vendor. The GRANTEE will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a GRANTEE becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the GRANTEE may request the United States to enter into such litigation to protect the interests of the United States.

D. Subcontracts.

Each contractor or subcontractor shall include the equal opportuni

clause in each of its

subcontracts.

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  1. All parties to this contract hereby agree to comply with the provisions of Title VI of the Civil Rights

Act of 1964 (Public Law 88-352) which provides: that no person in the United States shall, on the

grounds of race, color, or national origin, be excluded from participation in be denied the benefits

of, or be subjected to discrimination under any program or activity receiving federal financial

assistance of any dollar amount – no minimum threshold.

  1. All parties to this contract hereby agree to comply with the provisions of Section 109 of the Housing

and Community Development Act or 1974, as amended which provides: No person in the United

States shall on the ground of race, color, national origin, or sex be excluded from participation in,

be denied the benefits of or be subjected to discrimination under any program or activity funded in

whole or in part with funds made available under this title. Any prohibition against discrimination

on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise

qualified handicapped individual as provided in section 504 of the Rehabilitation Act of 1973 shall

also apply to any such program or activity of any dollar amount – no minimum threshold.

  1. It will establish safeguards to prohibit employees from using positions for a purpose that is or gives

the appearance of being motivated by a desire for private gain for themselves or others, particularly

those with whom they have family, business, or other ties.

  1. It will comply with the provisions of the Hatch Act which limits the political activity of employees.

  2. It will require buildings or facilities designed with funds provided under this Grant to comply with

the "American Standard Specifications for Making Buildings and Facilities Accessible to, and

Usable by, the Physically Handicapped," Number A-117.1-R 1980, in accordance with the Virginia

Uniform Statewide Building Code. The Grantee will be responsible for conducting inspections to

insure compliance with these specifications by the contractor.

  1. It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended,

requiring that to the greatest extent feasible opportunities for training and employment be given to

lower-income residents of the project area and contracts for work in connection with the project be

awarded to eligible business concerns which are located in, or owned in substantial part by, persons

residing in the area of the project.

  1. It will comply with the provisions of Executive Order 11988, relating to evaluation of flood hazards

and Executive Order 12088 relating to the prevention, control, and abatement of water pollution.

  1. It will comply with Section 104 (l) of the Housing and Community Development Act of 1974, as

amended, in that: it has adopted and is enforcing a policy prohibiting the use of excessive force by

law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil

rights demonstrations and a policy of enforcing applicable State and local laws against physically

barring entrance to or exit from a facility or location which is subject of such nonviolent civil rights

demonstration within its jurisdiction.

Lou Wallace, Russell County Board of Supervisors Date

ite

All parties to this contract hereby agree to comply with the provisions of Title VI of the Civil Rights Act of 1964 (Public Law 88-352) which provides: that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial a ince of any dollar amount — no minimum threshold.

All parties to this contract hereby agree to comply with the provisions of Section 109 of the Housing and Community Development Act or 1974, as amended which provides: No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity of any dollar amount — no minimum threshold.

It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties.

It will comply with the provisions of the Hatch Act which limits the political activity of employees.

It will require buildings or facilities designed with funds provided under this Grant to comply with the “American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped,” Number A-117.1-R 1980, in accordance with the Virginia Uniform Statewide Building Code. The Grantee will be responsible for conducting inspections to insure compliance with these specifications by the contractor.

It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, requiring that to the greatest extent feasible opportunities for training and employment be given to lower-income residents of the project area and contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing in the area of the project.

It will comply with the provisions of Executive Order 11988, relating to evaluation of flood hazards and Executive Order 12088 relating to the prevention, control, and abatement of water pollution.

It will comply with Section 104 (I) of the Housing and Community Development Act of 1974, as amended, in that: it has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations and a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is subject of such nonviolent civil rights demonstration within its jurisdiction.

Lou Wallace, Russell County Board of Supervisors Date

7 03-02/REV07-2022

July 19, 2022

Lonzo Lester

Russell County County Administrator

137 Highland Drive

Lebanon,Virginia 24266

RE: Russell County Victim Witness Program

Dear Lonzo Lester:

Congratulations on being a recipient of the above referenced grant program! Your DCJS grant

award number is 23-O1108VW19 and was approved for a total award of $70,000, funded in part

through Award Numbers 2019-V2-GX-0054, 2020-V2-GX-0048, and 15POVC-21-GG-00602-

ASSI. The project period is 07/01/2022 through 06/30/2023.

Included with this letter is a Statement of Grant Award/Acceptance (SOGA). Please note hard

copies of the General Special Conditions, as well as the Reporting Requirements and Projected Due

Dates, are now referred to as Conditions and Requirements and will be posted online at

https://www.dcjs.virginia.gov/grants/grant-requirements within the next two weeks.

In addition to the general Special Conditions, there may be grant specific Special Conditions

related to your Grant Award called Encumbrances. If there are any, please submit documents related

to your Encumbrances via the On-line Grants Management System (OGMS) at

https://ogms.dcjs.virginia.gov/. If you have not previously done so, you must register in order to use

this web-based system. The instructions on Registering for a New Account and Submitting Action Item

Encumbrances are posted here https://www.dcjs.virginia.gov/grants/ogms-training-resources along

with other resources and training videos. All registrants will be approved within 3 – 5 business days.

We will be happy to assist you in any way we can to assure your project’s success. To indicate

your acceptance of the award and conditions, please sign the included SOGA and return it

electronically within the next 60 days to [email protected]. If you have questions, contact

Tracy Highlight

Tracy Highlight

Tracy Highlight

COMMONWEALTH of VIRGINIA _ Department of Criminal Justice Services

‘The Honorable Jackson H. Miller Washington Building Director 1100 Bank Street

Richmond, Virginia 23219 ‘Tracy Louise Winn Banks, Esq, (804) 786.4000 Chief Deputy Director www. dejs.virginia.gov

July 19, 2022

Lonzo Lester

Russell County County Administrator 137 Highland Drive

Lebanon, Virginia 24266

Dear Lonzo Lester:

Included with this letter is a Statement of Grant Award/Acceptance (SOGA). Please note hard copies of the General Special Conditions, as well as the Reporting Requirements and Projected Duc Dates, are now referred to as Conditions and Requirements and will be posted online at https://www.dejs.virginia.gow/grants/grant-requirements within the next two weeks.

In addition to the general Special Conditions, there may be grant specific Special Conditions related to your Grant Award called Encumbrances. If there are any, please submit documents related to your Encumbrances via the On-line Grants Management System (OGMS) at htips:/ogms.dejs.virginia,gow. If you have not previously done so, you must register in order to use this web-based system. The instructions on Registering for a New Account and Submitting Action Item

Encumbrances are posted here https://www.dejs.virginia.gov/grants/ogms-training-resources along with other resources and training videos. All registrants will be approved within 3 ~ 5 business days.

We will be happy to assist you in any way we can to assure your project’s success. To indicate your acceptance of the award and conditions, please sign the included SOGA and return it electronically within the next 60 days to [email protected]. If you have questions, contact

your DCJS Grant Monitor Sharon Reed at 804-658-8179 or via email at

[email protected].

Sincerely,

  Jackson Miller 

your DCJS Grant Monitor Sharon Reed at 804-658-8179 or via email at [email protected].

Sincerely, (Aide

Jackson Miller

STATEMENT OF GRANT AWARD (SOGA)

Virginia Department of Criminal Justice Services

1100 Bank Street, 12th Floor

Richmond, Virginia 23219

Project Director Project Administrator Finance Officer

Casie Hess

Victim Witness Director

53 E. Main Street

Lebanon, Virginia 24266

276-889-8225

[email protected]

Lonzo Lester

Russell County County Administrator

137 Highland Drive

Lebanon, Virginia 24266

276-889-8000

[email protected]

Alicia McGlothlin

Russell County Treasurer

137 Highland Drive

Lebanon, Virginia 24266

276-889-8028

[email protected]

*Please indicate your ICR in the space provided, if applicable. As the duly authorized

representative, the undersigned, having received the Statement of Grant Awards (SOGA) and

reviewing the Special Conditions, hereby accepts this grant and agree to the conditions and

provisions of all other Federal and State laws and rules and regulations that apply to this award.

Signature: ______________________________
Authorized Official (Project Administrator)

Title: ______________________________

Date: ______________________________

SFY 2022-2023 Victim Witness Grant Program (Year 2)

Subgrantee: Russell

DCJS Grant Number: 23-O1108VW19

UEI Number: WMRHA68SMK19

Grant Start Date: 07/01/2022 Grant End Date: 06/30/2023

Federal Grant Number: 2019-V2-GX-0054, 2020-V2-GX-0048, and 15POVC-21-GG-00602-ASSI

Federal Awardee: OVC Federal Catalog Number: 16.575

Project Description: To provide direct services for crime victims.

Federal Start Date: 10/1/2018, 10/1/2019, and 10/1/2020

Federal Funds: $49,000

State General Funds: $0

State Special Funds: $21,000

Local Match: $0______

Total Budget: $70,000 Indirect Cost Rate: _____% *If applicable

STATEMENT OF GRANT AWARD (SOGA)

Virginia Department of Criminal Justice Services

1100 Bank Street, 12" Floor Richmond, Virginia 23219

SFY 2022-2023 Vi

Witness Grant Program (Year 2)

Subgrantee: Russell DCJS Grant Number: UEI Number:

Grant Start Date: Federal Grant Number: Federal Awardee: Project Description: Federal Start Date:

23-O1108VW19 WMRHA68SMK 19.

07/01/2022 Grant End Date: 06/30/2023 2019-V2-GX-0054, 2020-V2-GX-0048, and 1SPOVC-21-GG-00602-ASSI ove Federal Catalog Number: 16.575

To provide direct services for crime victims. 10/1/2018, 10/1/2019, and 10/1/2020

Federal Funds: $49,000

State General Funds: so

State Special Funds: $21,000

Local Match: so

Total Budget: $70,000 Indirect Cost Rate: % “If applicable Project Director Project Administrator Finance Officer

Casie Hess Lonzo Lester Alicia McGlothlin

Victim Witness Director Russell County County Administrator | Russell County Treasurer

53 E, Main Street 137 Highland Drive 137 Highland Drive

Lebanon, Virginia 24266 Lebanon, Virginia 24266 Lebanon, Virginia 24266

276-889-8225, 276-889-8000 276-889-8028

[email protected] [email protected] [email protected],

*Please indicate your ICR in the space provided, if applicable. As the duly authorized representative, the undersigned, having received the Statement of Grant Awards (SOGA) and reviewing the Special Conditions, hereby accepts this grant and agree to the conditions and provisions of all other Federal and State laws and rules and regulations that apply to this award.

Signature: Authorized Official (Project Administrator)

Title:

Date:

Tracy Highlight

Tracy Highlight

Tracy Highlight

Tracy Highlight

Tracy Highlight

Russell County \MElectoral Board

[Archie T. Combs Herbert W. Scott Harry J. Monk Chairman Vice Chairman _— Secretary 96 Russell Street * PO Box 1003 + Lebanon. Virginia 24266 Phone: (276) 8: 1006 * Fax: (276) 8 022 [email protected] * www.RussellCountyVA.us

‘August 16, 2022

Russell County Board of Supervisors 137 Highland DR, Suite A Lebanon, VA 24266

Ladies and Gentlemen:

“.,the sealed ballot envelope shall be deposited into a secure container provided for such purpose, in which it shall remain until the

general registrar initiates the process of opening the sealed ballot envelopes deposited into the secure container and inserting such

ballots into optical scan counting equipment without initiating any ballot count totals…Such process shall be mandatory beginning on the seventh day immediately preceding the election.”

“The general registrar shall also report to the Department of Elections the number and results of absentee ballots cast early in person ‘pursuant to § 24.2-701. 1 separately from the number and results ofall other absentee ballots, The Department shal establish standards

‘for ascertaining and reporting such information.”

Prior to this, one voting machine was used for both mail and in-person early voters. To comply with this legislation however, a separate voting machine must now tabulate mail ballots. Atlantic Election Services, provider of Russell’s voting machines has submitted the cost of the additional machine. This machine is identical to the ones currently in operation at the precincts.

Please refer to the enclosure and see below for a brief explanation:

(Item Notes The voting machine includes the tabulator and the bin. The tabulator sits on the bin, receives the inserted ballot, and guides the ballot into the bin.

ICE Tabulator with ATI

‘Thank you for your continued support in conducting elections for the voters and candidates of Russell County. If you have any questions, please let us know.

Sincerely, “Archie T. Combs Herbert W. Scott. HgfhyMonk Chair Vice-Chair Secretary

Enclosure

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Tracy Highlight

Invoice

jervice and Sales

500 Watch Hill Road Date Invoice # Midlothian, VA 23114 Voice: (804) 543-4207 Fax: (804) 643-7114 8/12/2022 587 P.O. No, Due Date M: Russell County Electoral Board srtwin022

Diana Shorter Director of Elections & General Registrar

96 Russell St 0 Lebanon, VA 24266-4558 Balance Due S854 aty Description ‘Amount 1 [ICE Tabulator with ATT 8,625.00 | Total $8,625.00

Thank you. We appreciate your business!

Tracy Highlight

Russell County ES Registration & Elections Office Diana R. Shorter Alyssa L. Looney GR/ Director of Elections Deputy Registrar

96 Russell Street - POBox 383 - Lebanon, Virginia 24266 Phone : (276) 889-8006 *-Fax : (276) 889-8022 [email protected] - www.RussellCountyVA.us

DATE: August 25, 2022

TO: Russell County Board of Supervisors

Redistricting the voters of Russell County is in its final stage. All registrations now reflect the enumeration changes to the Senate and the House of Delegates Districts and the expansion of HOD District 43 into the precincts of Cooks Mill, Elk Garden, and Honaker.

The Code requires voters to be notified by mail (§ 24.2-306 (B), 24.2-114(13)). Alyssa Looney estimated the cost of supplies and postage to mail 19,074 voter cards and determined the fiscal impact to be $17,000.

However, due to a budget amendment, the Department of Elections (ELECT) will be mailing the notices. To comply with the requirement to notify voters within 15 days of the affected election, they will be sent in mid- September. Once mailed, the voter redistricting process will be complete.

The election laws enacted in the last years have increased the cost and the intricacy of elections. | appreciate the support that you, as the local governing body, provide to this office. And | am glad to be the purveyor of the good news that Russell will not incur the cost of the voter redistricting notices.

Sincerely, Qeane

Diana R. Shorter GR/DOE

The Board of Supervisors of Russell County, in regular meeting on the 12th day of September 2022, adopted the following:

RESOLUTION FOR HIGHWAY SYSTEM CHANGES RESULTING FROM THE CONSTRUCTION OF VIRGINIA DEPARTMENT OF TRANSPORTATION PROJECT

7058-097-105, G302, G303

WHEREAS, the Virginia Department of Transportation has constructed a HUD Urban Renewal Site and relocated a portion of the Clinch River under Project 7058-097-105, G302, G303 that have necessitated highway system changes on Route 751, and

WHEREAS, the project sketch and VDOT Form AM4.3, attached and incorporated herein as a part of this resolution, define adjustments required in the secondary systems of state highways as a result of that construction, and

WHEREAS, Bush Place, a public street maintained by the Town of Saint Paul, VA was constructed under Project 7058-097-105, G303 and serves the same citizens as served by that portion of Route 751 identified on the project sketch and VDOT Form AM4.3 to be abandoned, which portion of Route 751 was demolished during construction of Project 7058-097-105, G302, G303; and

WHEREAS, the portion of old road identified to be discontinued are deemed by the Virginia Department of Transportation to no longer provide sufficient public benefit to warrant maintenance at public expense as part of the secondary system of state highways, and

NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to abandon Segment B-C from the secondary system of state highways, pursuant to §33.2-912 of the Code of Virginia, and

BE IT FURTHER RESOLVED, this Board supports the action of the Commonwealth Transportation Board to discontinue Segment A-B as a part of the secondary system of state highways, pursuant to §33.2-908 of the Code of Virginia, and

BE IT FINALLY RESOLVED, the Russell County Board of Supervisors orders that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation.

Recorded Vote A Copy Teste: Moved By: ________________________ Seconded By: ______________________ Yeas: ____________________________ ____________
Nays: Lonzo Lester, County Administrator

Tracy Highlight

Tracy Highlight

Tracy Highlight

he Board of Supervisors of Russell County, in regular meeting on the 12" day of

|

WHEREAS, the project sketch and VDOT Form AM4.3, attached and incorporated herein as a part of this resolution, define adjustments required in the secondary systems of state highways as a result of that construction, and

WHEREAS, Bush Place, a public street maintained by the Town of Saint Paul, VA was constructed under Project 7058-097-105, G303 and serves the same citizens as served by that portion of Route 751 identified on the project sketch and VDOT Form AM4.3 to be abandoned, which portion of Route 751 was demolished during construction of Project 7058-097-105, G302, G303; and

WHEREAS, the portion of old road identified to be discontinued are deemed by the Virginia Department of Transportation to no longer provide sufficient public benefit to warrant maintenance at public expense as part of the secondary system of state highways, and

Recorded Vote A Copy Teste: Moved By: ____ Seconded By: Yeas: ___ - —_———

Nays: Lonzo Lester, County Administrator

Street Name To Termini Length N u

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L a n

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Recordation

Reference

0.16 MI W RTE

640 [C] 0.13

Street Name To Termini Length N u

m b

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O f

L a n

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Recordation

Reference

0.03 MI W

ROUTE 640 [B] 0.03

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38278151IN RUSSELL COUNTY

By Resolution of the governing body adopted September 5, 2022

R o

u te

N u

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751

R o

u te

N u

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751

The following VDOT Form AM-4.3 is hereby attached and incorporated as part of

the governing body’s resolution for changes to the secondary system of state

Abandonment - Project by VDOT §33.2-912

Discontinuance - VDOT Project §33.2-908

A Copy Testee Signed (County Official):__________________________________________________________

Project/Subdivision:

Report of Changes in the Secondary System of State Highways

From Termini

0.03 MI W RTE 640

[B]

From Termini

ROUTE 640 [A]

7058-097-105, G302, G303

R ig

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IN RUSSELL COUNTY 382778151

By Resolution of the governing body adopted September 5, 2022

The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body’s resolution for changes to the secondary system of state

ACopyTestee Signed (County Official) Report of Changes in the Secondary System of State Highways

Project/Subdivision: 7058-097-105, G302, G303

Abandonment - Project by VDOT §33.2-912

3 8 z 2 £3 JRecordatin JES 2 FromTermini |ToTermini|tength|2 5 |Reference |= = 0.03 Miw RTE 640 [0.16 MI W RTE

751 (6) 640 © 013 Discontinuance - VDOT Project §33.2-908 — 5 = a 5 3 g £3 |Recordatin JES & |Street Name [From Termini |ToTermini|Length_|2 § |Reference ze

0.03 Miw 751 ROUTE 640 (a) ROUTE 640 tel] 0.03

7058-097-105, G303 HUD URBAN RENEWAL SITE

7058-097-105, G302

TVA CLINCH RIVER CHANNEL CHANGE

NOT TO SCALE

751

761

640

640

640900

58 A

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CLINCH RIVER

LEGEND:

ABANDONMENT DISCONTINUANCE MILEAGE SPLIT EXISTING ROUTE RAILROAD PRIVATE DRIVE

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BUSH PLACE NOTE: BUSH PLACE WAS CONSTRUCTED AS THE REPLACEMENT ROAD FOR ROUTE 751. IT IS A PUBLIC STREET MAINTAINED BY THE TOWN OF ST. PAUL, VA & NOT IN THE VDOT SYSTEM

13

03

0.04

0.61

SEGMENT A-B: ROUTE 751-SECTION 33.2-908 DISCONTINUANCE from Route 640 to 0.03 mi. W Route 640, L = 0.03 mile

SEGMENT B-C: ROUTE 751-SECTION 33.2-912 ABANDONMENT from 0.03 mi W Rte 640 to 0.16 mi W Rte 640, L = 0.13 mile

SEGMENT D-E: ROUTE 640-MILEAGE SPLIT from Rte 761 to Rte 900, L = 0.65 mile

ICR #38278151 Dr

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NOTTO SCALE

ISEGMENT B-C: ROUTE 751-SECTION 33.2-912 ABANDONMENT from 0.03 mi W Rte 640 to 0.16 mi W Rte 640, L = 0.13 mile

ISEGMENT D-E; ROUTE 640-MILEAGE SPLIT from Rte 761 to Rte 900, il

ABANDONMENT IDISCONTINUANCE MILEAGE SPLIT = EXISTING ROUTE ——————

TH

A

ISH LAC IBLIC:

PAUL, VA

\CE WAS CONSTRUCTED (ENT ROAD FOR ROUTE 751, IT 1S. MAINTAINED BY THE TOWN OF NOTIN THE VOGT SYSTEM

oa

\i5s 7058-097-105, 6303 __ HUD URBAN RENEWAL SITE

ICR #38278151 raat

VA DEPT. OF TRANSPORTATION

BRISTOL DISTRICT

¥ B g &S g z a i 5 8 € £

£ 3 Fy i 8 g z 2 =z g 2 uw s & a ‘ a Fa 5 3 5 3 Fy A

£ 3 8 2 5 2 é

PROJECT 7058-097-105, G302, G303

LEBANON RESIDENCY RUSSELL COUNTY (088)

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Date Croated: 8/10/2022 ss Date Printed: 8/10/2022.

‘ocalityFIPS): Russel (167) Base Rate: 0.1894 ‘Cantact Person: Pam Hendrickson: Wimmer (pamela. [email protected])

{#of Supplement Requested: 2

We certify thatthe information provided inthis request fora supplemental allocation ts accurate, and that the costs within the request were unanticipated and ‘are required costs for specific mandated children pursuant to Section 2.2-5211.C ofthe Children’ Services Act. all cases have been assested, where required, by the Family Asessment ond Planning Team and comply with the provsios ofthe Code of Virginie, the CSA Manual, and the Appropriations Act. The Supplement Request calculation Is based on the locality’s local match rate for each expenditure code at the time of the supplement request erection.

THs REQUEST 15 FOR FISCAL YEAR FY22

‘Actual FY22_ i] wea, tac sur FY | seat | reject a" | susubery | Cease | MAE | mater lacuateecne| eg | eset, | daa | acantroeeea| “Emerton” | acuar ieee | uecanaen | osers” | etmune |“ucensset| gente, | Mtns co wre | Sercnee | mou | Sera

  1. CONGREGATE CARE / MANDATED RESIDENTIAL SERVICES

a. | Foster Core - IVE children in Licensed Residential

Exerc cre | raebednetstecosseotoreevyne ne, | 027 $00 [a soon som so.00! eens | ‘tb. | Foster Care - all others in Licensed Residential { Congregate Care 0.2367| $91,628.10) Cg $91,628.10 | $21,688.37 $6939.73

Te [Reena congo Gre Garena OSS Noncustodiat ‘s 0.2367 $0.00 | Cg $0.00 | $0.00 $0.00 ‘te. | Educational Services - Congregate Care 0.1894| — $80,003.10 $89,883.10 ‘$17,023.86 ‘$72,859.24

1 | CONGREGATE CARE / MANDATED RESIDENTIAL

(Sum of thes tartbs te+te)

SERVICES SUBTOTAL $171,631.20] $9,880.00 | $181,511.20] $38,712.23] st4zyr98.97

  1. OTHER MANDATED SERVICES

2a, | Treatment Foster Care - IN-E 0.1894] $548,201.52 C4 $548,201.52 $103,829.37 $444, 2a.1 | Treatment Foster Care 0.1894] $424,967.95 C7) $425,544.95, $80,598.21 $344, Wa | Beaune eater Care - Ga Parental Agreements; Dest =f we 0.1894 $0.00 | Cy $0.00 $0.00 3 | species Fser Care - Wj Community Based ons so0o| [3 so00 $000 so.c0| Boa | Spectazeg Fser Care one soo] [9 3000 yo00 $0.00 2c, | Family Foster Care - IV-E; Community Based Services 0.0947 $0.00 | Cy $0.00 $0.00 ‘2d, | Family Foster Care Maintenance only 0.1894 $0.00 | Cg $0.00 $0,00 $0.00 2 | Fay For Care-chdrenrecevingatnenance ted Bit activites pymencs dependent ing sess] si7izzn.72] [a] | sitamn| —saz,anz7] srsepnass| Sipenrarangenent i ‘et. | State Kinship Guardianship 0.1894 $0.00] [9] $0.00 $0.00 30.00] 2e2, | Federal Kinship Guardianship 0.1894, $0.00 | Cy $0.00 | $0.00 | $0.00 | i Bh._| Community - Based Serdces o.0sa7| $6,989.76] [—70] 97,059.76 ‘seense| _sepo1.20! a | Commanty Wann Sences- Dec amy Services| rete one cwe[ som a sel om ‘2g | Spectal Education Private Day Placement 0.1894] $61,251.70 [mc] $110,949.70 $89, ‘2 | Psychtatric Hospltats/Crists Stabilization Units 0.1894, $0.00 C94 $0.00

| OTHER MANDATED SERVICES SUBTOTAL

(Gum of tines $1,212,624.65] $50,245.00 | $1,262,979.65] $238,539.78) $1,024 Yaslat+2a2e2bebto2ev2de2eret+2e2e2fe2t e262) GRAND TOTAL $1,384,265.85| $60,225.00 | $1,444,490.85| $277,252.01] $1,167,

(Une + Line tp

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[irom another county. Two chiteren were placed in residential and educational services were rendd JAdditional children came Into Fester Care and were paced In TFC but Medicaid cid not approve T [case Management.

Page 2 - CSA Supplemental Allocation Request Form — FY22

Date Created: 8/10/2022 Date Printed: 8/10/2022 Localtty(FIPS): Russel (167) Base Rate: 0.1894

Contact Person: Pam Hendrickson-Wimmer (pamela. winmerads.vrginia.gov)

‘of Supplement Requested: 2

‘We certify thatthe Information provided In this request fora supplemental allocation Is accurate, ond thatthe costs within the request were unanticipated and ‘are required costs for specifi mandated children pursuant to Section 2.2-5211.C ofthe Childrens Services Act. Al cases have been ossessed, where required, by ‘the Family assessment and Planning Team and comply withthe provsions ofthe Code of Virginia, the CSA Manual, and the Appropriations Act. The Supplement Request calculation is based onthe fcalty’s local match rate foreach expenditure code atthe time of the supplement request creation.

‘THIS REQUEST IS FOR FISCAL YEAR FY22_

Total | Local Share | State Share

‘A. | Current Total Poot Allocation:

Tota dllar amount of pool funds allocated for FY22 which includes Initalallocation and any approved supplemental allocations/adjustments, $1,304,890,64| $266,110.92 $1,118,779.72 ‘This includes mandated and nommandated pool funds available,

B. | Current Non-Mandated Protected Amount:

“otal dollar amount of current non-mandated protected funds. 136.00 Non-Mandated Costs: $0.00 Amount of Actual Non-Mandated expenditures. (RESIDENTIAL/CONGREGATE CARE) Ci. | NonMandated Costs: yo.00 Amount of Actual Non-Mandated expenditures, (COMMUNITY BASED)

  1. | Unused Non-Mandated Protected Funds Avallab {Une B-Line C= Line C1) $3345.00 ©. | Mandated Funds Avatabie: This number represents the exiting allocated funds avaible forthe mandated popuatin… sine

(Une A Line 8+ Line 0) F. | Net Projected Mandated Expenditure (without WRAP)(excluding pended reports)

(From Page 1, Line i) $1,167,238.84 L. _| Supplemental Allocation Funds/AdAltional Mandated Funds requested for poot reports

‘oimbursement (without WRAP) - al the three columns should be greater than $50: $59,600.21] $11,141.09/ $48,459.12

(Une F Line €)

M. _| Submitted Mandated Net Expenditure (without WRAP) (Including pended reports): This (s the total mandated dotlar amount that you locality has submitted for FY22. This total | $1,304,265.85 | $265,852.01 | $1,118,419.84 's calculated based on the first PEND or SUBMIT of tis supplement request.

Projected Mandated Funds remaining for future pool reports reimbursement (without WRAP) after this supplement Is fully funded «all the three columns should be greater than

5 $60,225.00 $48,825.00] {ine € + Line L- Line My

UAPORTANT

Actual signatures on the cover page are required on Local documentation. Documentation must be malatained which supports the supplemental allocation being requested fs only for mandated (or “sum suficent) children, That reasonable projections have been made to estimate the amount of Supplemental funds needed.

All three columns of line Land tine N should be greater than $50 fora successful Submit. This supplemental request does not reflect WRAP-Arcund Funds ‘or WRAP-Around Expenditures. A separate funding request form specific to WRAP-Arcund funds must be used to request additional Wrap-Around funding.

(sao) [ea (Please click only once. DO NOT press back button. if your system Is facing latency, please wait.)

8/24/22, 10:46 AM Russell County Mail - Updated School recession money June 2022

https://mail.google.com/mail/u/0/?ik=28e834d897&view=pt&search=all&permthid=thread-f%3A1742050913462978991&simpl=msg-f%3A1742050913… 1/1

Lonzo Lester [email protected]

Updated School recession money June 2022 1 message

[email protected] [email protected] Wed, Aug 24, 2022 at 9:53 AM To: Lonzo Lester [email protected] Cc: Lou Jessee Wallace [email protected]

Mr. Lester,

The amount of recession money from the School Board has changed. We previously thought that the amount would be $574,752.18. But that has changed to $356,522.13.

The reason for the change is Brooke Webb the new Finance Director for the schools failed to send a payroll check register for June 2022. While balancing the School’s bank statement for July 2022 there were checks on the statement that I hadn’t received a check register for in June 2022.

I contacted Brooke and she stated that she failed to send all the check registers.

I have attached all correspondence between myself and Brooke for your records.

If you or the board have questions about this please feel free to contact me.

Alicia K. McGlothlin

Treasurer of Russell County

276-889-8030

[email protected]

Website: www.russellcountyva.us

“CONFIDENTIALITY NOTICE: This email message, including any attachments is for the sole use of the intended recipient(s) and may contain confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and delete all copies of the original message.”

School Board recession fund 2022.pdf 263K

mailto:[email protected] http://www.russellcountyva.us/ https://mail.google.com/mail/u/0/?ui=2&ik=28e834d897&view=att&th=182d0213759b09af&attid=0.1&disp=attd&safe=1&zw Tracy Highlight

8/24/22, 10:46 AM Russell County Mail - Updated School recession money June 2022

M™ Gmail Lone Lester donc estorrustoleountyvaus> —E=— semen Mr Lester,

(Fang sae EY io Bo i pW ee I We ce AF S574 7H Ba as gS

‘The reason forthe change is Brooke Webb the new Finance Director for the schools failed to send a payroll check register for June 2022. While balancing the Schoo’s bank statement for July 2022 there were checks on the statement that | hart received a check register for in June 2022.

| contacted Brooke and she stated that she flied to send all he check registers. | have attached all correspondence between myself and Brooke for your records.

you oF the board have questions about this please fee free to contact me,

Alicia K. MeGlothlin Treasurer of Russell County 276-889-8030 [email protected]

Website: www.russellcountyva.us

“CONFIDENTIALITY NOTICE: This email message, including any attachments is forthe sole use ofthe intended recipient(s) and may contain confidential

information. Any unauthorized review, use, disclosure or cistibution is prohibited. Ifyou are not the intended recipient, please contact the sender by reply ‘email and delete all copies of the orginal message.”

‘By Schoo! Board recession fund 2022.pat 263K

https:/mail google. com/mailu/0/7ik=286834d897& view=pt&search=all&permthid=thread-1%3A174205091346297899 1&simpl=msg-f%3A1742050013… 1/1

\cglothlin@bvu. et

licia.meglothlin@bvunet

From:

Sent: Friday, July 22, 2022 3:11 PM To: “Brooke Webb!

Subject: School Trial Balance June 2022 Attachments: School TB June 2022.pdf Brooke,

| have attached the Trial Balance. Please let me know at your earliest convenience if we balance with each other. If we doa, it looks like 574,752.18 will be coming back to the county in recession funds.

Thanks for your help.

Alicia

Alicia K, McGlothlin Treasurer of Russell County 276-889-8030

[email protected] Website: www.russellcountyva.us

“CONFIDENTIALITY NOTICE: This email message, including any attachments is for the sole use of the intended recipient(s) and may contain confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and delete all copies of the original message.”

[email protected]

From: alicia. meglothiin@bvunet Sent: Monday, July 25, 2022 3:49 PM To: "Brooke Webb!

Subject: RE: Trial Balance

Brooke,

Isit your debt service? 111,125.50

Alicia

From: Brooke Webb [email protected] Sent: Monday, July 25, 2022 3:41 PM.

To: [email protected]

Subject: Trial Balance

1am off on the School Fund Expenditures by almost $100,000. | know itis almost the end of your day and I have someone in my office filling out paperwork that will probably take me until almost Spm. Any help would be greatly appreciated.

Thank you,

Brooke Webb Director of Finance School Board Clerk Russell County Public Schools 276.889.6515 webb(@rus

Disclaimer: Electronic Mall regarding maltors associated with a student enrolled inthe Russell County Public Schools may be considered part of a chl’s ediicatonal record and subjact o disclosure and retention as pat ofthe chie’s educational recor.

alici egloth! [email protected]

From: [email protected] Sent: Monday, July 25, 2022 4:17 PM. To: "Brooke Webb!

Subject: RE: Trial Balance

That is your void for payroll deductions 1157.67

Alicia

From: Brooke Webb [email protected] Sent: Monday, July 25, 2022 4:01 PM

To: alicia. [email protected]

‘Subject: Re: Trial Balance

‘had just seen that. Thank you, Now | am off by $1157.67. | think | am going cross eyed from looking at this all day :) will look again tomorrow.

‘On Mon, Jul 25, 2022 at 3:49 PM [email protected] wrote:

Brooke,

Is it your debt service? 111,125.50

Alicia

From: Brooke Webb [email protected] Sent: Monday, July 25, 2022 3:41 PM

To: alicia. [email protected]

‘Subject: Trial Balance

lam off on the School Fund Expenditures by almost $100,000. | know it is almost the end of your day and | have someone in my office filling out paperwork that will probably take me until almost 5pm. Any help would be greatly appreciated.

Thank you,

Brooke Webb

Director of Finance

School Board Clerk

Russell County Public Schools

276.889.6515

bwebb@russelliLZvaaus

Disclaimer: Electronic Mail rogarcing maters associated witha student enrolied inthe Russell County Public Schools may be considered part ofa chit’s ‘educational record and subject o disclosure and retention 8s part of the chil’s educational record

Brooke Webb

Director of Finance

School Board Clerk

Russell County Public Schools 276.889.6515

Disclaimer: Electronic Mal regarding matters associated witha student enrolled inthe Russell Counly Publc Schools may be considered part of childs ‘educational record and subject o disclosure and retention as part ofthe childs educational record

[email protected],

From: alicia meglothlin@bvunet Sent: Tuesday, July 26, 2022 10:00 AM To: “Brooke Webb’ Subject: RE: Trial Balance

No, we’re good.

Alicia

From: Brooke Webb [email protected] Sent: Tuesday, July 26, 2022 9:20 AM

To: [email protected]

Subject: Re: Trial Balance

They wanted us to quit printing out so much so I was trying to look at it all on the computer. Next month | am just going to print it all so | can see everything!

Looks like we balance. Thank you for your patience. Do I need to send you anything else? On Mon, Jul 25, 2022 at 4:17 PM [email protected] wrote:

That is your void for payroll deductions 1157.67

Alicia

From: Brooke Webb [email protected] Sent: Monday, July 25, 2022 4:01 PM

To: [email protected] Subject: Re: Trial Balance

{ had just seen that. Thank you, Now | am off by $1157.67. | think | am going cross eyed from looking at this all day :) | will look again tomorrow.

On Mon, Jul 25, 2022 at 3:49 PM [email protected] wrote:

Brooke,

alici eglothlin@bvu. et

From: alicia [email protected] Sent: Thursday, August 18, 2022 11:42 AM To: ‘Brooke Webb’

Subject: missing checks

Brooke,

thave a debit on bank statement for July for payroll in the amount of 904.75. I can’t find a check register for that amount.

Also, | have check that have came through on the July bank statement for June (915135-915159) that | didn’t receive a check register for in June.

Can you get me this information please.

Thanks for your help

Alicia

Alicia K, McGlothlin

Treasurer of Russell County 276-889-8030 [email protected] Website: www.russellcountyva.us

“CONFIDENTIALITY NOTICE: This email message, including any attachments is for the sole use of the intended recipient(s) and may contain confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. if you are not the intended recipient, please contact the sender by reply email and delete all copies of the original message.”

ali cglothlin@bvu. et

From: alicia meglothlin@bvunet Sent: Friday, August 19, 2022 8:43 AM To: ‘Brooke Webb!

Subject: RE: missing checks

Brooke,

{ still need all the check registers for July. | have to be balanced with reports to other offices by the 25" of each month. If you can get me those today | would greatly appreciate it.

Thanks,

Alicia

From: Brooke Webb [email protected] Sent: Thursday, August 18, 2022 3:36 PM

To: [email protected]

Subject: Re: missing checks

lam so sorry about that. ! don’t know how { missed those. Tammy and I were actually discussing this last night. They are attached.

have looked and cannot find a debit for $904.75 in July. The only thing | saw for that amount was on the June Payroll Direct Deposit from June 30 #236754-236755. | will keep looking though.

‘On Thu, Aug 18, 2022 at 11:41 AM [email protected] wrote:

Brooke,

| have a debit on bank statement for July for payroll in the amount of 904.75. I can’t find a check register for that amount.

Also, | have check that have came through on the July bank statement for June (915135-915159) that | didn’t receive a check register for in June.

Can you get me this information please.

Thanks for your help

Alicia

Alicia K. McGlothiin

Treasurer of Russell County 276-889-8030 [email protected] Website: www.russellcountyva.us

“CONFIDENTIALITY NOTICE: This email message, including any attachments is for the sole use of the intended recipient(s) and may contain confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and delete all copies of the original message.”

Brooke Webb

Director of Finance

School Board Clerk

Russell County Public Schools 276.889.6515

bwebb@russell k12.va.us

Disclaimer: Electronic Mal regarding matters associated witha student encolle inthe Russel! County Public Schools may be considered part ofa child’s ‘educational record and subject o disclosure and retention as pat ofthe child’s educational record.

From: alicia meglothlin@bvunet

Sent: Friday, August 19, 2022 12:36 PM To: "Brooke Webb’

Subject: June 2022 updated Trial Balance Attachments: June 2022 updated Trial Balance.pdf Brooke,

ve attached the updated trial balance. Please let me know if we balance. Thanks,

Alicia K. MeGlothlin

‘Treasurer of Russell County 276-889-8030 [email protected] Website: www.russellcountyva.us

“CONFIDENTIALITY NOTICE: This email message, including any attachments is for the sole use of the intended recipient(s) and may contain confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. if you are not the intended recipient, please contact the sender by reply email and delete all copies of the original message.”

alicis icgloth! [email protected]

From: Brooke Webb [email protected] Sent: Monday, August 22, 2022 9:44 AM

To: [email protected]

Subject: Re: June 2022 updated Trial Balance

The updated June trial balance matches my records. Thank you for your help. On Fri, Aug 19, 2022 at 12:35 PM [email protected] wrote:

Brooke,

ve attached the updated trial balance. Please let me know if we balance.

Thanks,

Alicia K. McGlothlin Treasurer of Russell County 276-889-8030

[email protected]

Website: www.russellcountyva.us

“CONFIDENTIALITY NOTICE: This email message, including any attachments is for the sole use of the intended recipient{s) and may contain confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and delete all copies of the original message.”

Brooke Webb

Director of Finance

School Board Cletk

Russell County Public Schools 276.889.6515

bwebb@russ RY

Disclaimer: Electronic Mal regarding matters associated with a student enrolled inthe Russell County Publle Schools may be considered part ofa cide educational record and subject to dieciosure and retention as part of tne clile’s educational recor

Tracy Highlight

Tracy Highlight

8/17/22, 11:47 AM 1 Treasurers Office First Bank and Trust Company

q Leia —_ VA XXXX3231 US XXXX0815B2Q892 en

XXXX081SMMQFMPUFXXXX0031 XXXX1625FTO3

8/15/2022

@ Add tags

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(©) Add images +

@ Ask us about this transaction

First Bank and Trust Company - 1 Treasurers Office WIRE TRANSFER CREDIT NATIONAL OPIOIDS SETTLMNT FUND 250 ROCKETS WAY RICHMOND, VA 23231 VA 23231 US 20220815B2Q8921C005316 20220815MMQFMPUFO0003 1 0815 1625FT03

https:my rstbank.com/account/t35abddb-73ab-4031-a195-8ac94a78od77

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RUSSELL COUNTY, VIRGINIA DEPUTY EMERGENCY MANAGEMENT

COORDINATOR

Russell County, VA, is seeking a part-time Deputy Emergency Management Coordinator. This person will work directly for the Emergency Management Coordinator. This position will normally work 29 hours per week but may include additional hours during an emergency response. Hourly rate is based on education and experience.

Job duties include researching, submission, and administration of federal and state grants; planning and implementing disaster response plans and activities; recovery and mitigation; coordinating activities in the Emergency Operations Center (EOP) during emergencies; designing and participating in local and regional exercises; performing damage assessments and reimbursement requests; developing and presenting public education information; assist in managing grants; advising coordinator and administrator in emergency management matters; maintaining and updating emergency operations plan; and performing other duties as required.

Applicant requirements include any combination of education and experience in Emergency Management or a service-related field. Preference given to individuals with professional experience in the field of Emergency Management or Emergency Services.

Program training of FEMA Series ICS 100, 200, 300, 400, 700, and 800 is required within one year of employment.

Qualified candidates should submit a county application to the County Administration Office. The position will remain open until filled. After a review of applications submitted by interested candidates, the county will interview candidates who most closely meet the established criteria.

Hiring for Russell County shall be accomplished without regard to race, color, religion, national origin, gender, pregnancy, childbirth or related medical conditions, age, marital status, or disability unless otherwise permitted by County policy or applicable law. Applicants hired by the County must be citizens of the United States or legally authorized to work in the United States. Reasonable accommodations will be provided for persons with disabilities if requested.

Tracy Highlight

Russell County, VA, is seeking a part-time Deputy EmergencyManagement Coordinator. This person will work directly for the Emergency Management Coordinator. This position will normally work 29 hours per week but may include additional hours during an emergency response. Hourly rate is based on education and experience.

Job duties include researching, submission, and administration of federal and state grants; planning and implementing disaster response plans and activities; recovery and mitigation; coordinating activities in the Emergency Operations Center (EOP) during emergencies; designing and participating in local and regional exercises; performing damage assessments and reimbursement requests; developing and presenting public education information; assist in managing grants; advising coordinator and administrator in emergency management matters; maintaining and updating emergency operations plan; and performing other duties as required.

Applicant requirements include any combination of education and experience in Emergency Management or a service-related field. Preference given to individuals with professional experience in the field of Emergency Management or Emergency Services.

Program training of FEMA Series ICS 100, 200, 300, 400, 700, and 800 is required within one year of employment.

Qualified candidates should submit a county application to the County Administration Office. The position will remain open until filled. After a review of applications submitted by interested candidates, the county will interview candidates who most closely meet the established criteria.

Hiring for Russell County shall be accomplished without regard to race, color, religion, national origin, gender, pregnancy, childbirth or related medical conditions, age, marital status,

or disability unless otherwise permitted by County policy or applicable law. Applicants hired by the County must be citizens of the United States or legally authorized to work in the United States. Reasonable accommodations will be provided for persons with disabilities if requested.

RUSSELL COUNTY TOURISM COORDINATOR

The Russell County Tourism Coordinator performs work in all aspects of a comprehensive tourism program for Russell County attracting tourists to the County for its historical and natural assets. Employee will work with local businesses and other tourism representatives to promote visitation. Employee must exercise tact and courtesy in frequent contact with volunteers, employees, business representatives, agency representatives, and the public. Employee reports to the County Administrator.

  1. Creates and/or directs the creation of marketing media, including brochures, posters, flyers, print and web advertisements, and social media. Maintain and periodically update County’s Tourism website and social media accounts.

  2. Plans and arranges distribution and placement of marketing items; routinely assesses inventory throughout sites for restocking or removal. Selects and recommends placement and evaluates the effectiveness of distribution locations.

  3. Provides input on tourism budget recommendations for the annual operating budget; monitors revenue and expenditure reports; makes recommendations for advertising and merchandise expenditures; research availability of and assists with grant applications.

  4. Routinely meets with business and other tourism representatives to share information in order to better promote Russell County as a tourism destination. Partners with lodging, restaurants, and specialty shop owners/managers to create special package deals; maintains a constant flow of useful and accurate information. Explores opportunities to expand tourism assets and information services.

  5. Serves on the Tourism Advisory Committee. Represents Russell County at tourism related workshops, seminars, and meetings. Reads various professional journals and other literature to enhance and maintain knowledge of trends and developments in the tourism industry.

  6. Makes presentations to local civic, business, historical, and cultural groups regarding Russell’s tourism efforts and to solicit volunteers. Supports local and regional events that impact tourism.

  7. Responds to consumer inquiries via phone, mail, email and/or in person. Prepares tourism informational packets. Provides up-to-date information for local event calendars, Virginia Tourism Corporation website, and other travel-related websites.

  8. Provides training programs and familiarization trips for employees of tourism-related businesses (program development, speaker solicitation, development of training materials).

  9. Prepares a variety of analytical studies, reports, manuals, and related information to include regular financial and visitation reports. Provides information and reports of performance measures and budget.

Tracy Highlight

The Russell County Tourism Coordinator performs work in all aspects of a comprehensive tourism program for Russell County attracting tourists to the County for its historical and natural

assets. Employee will work with local businesses and other tourism representatives to promote visitation. Employee must exercise tact and courtesy in frequent contact with volunteers, employees, business representatives, agency representatives, and the public. Employee reports to the County Administrator.

  1. Creates and/or directs the creation of marketing media, including brochures, posters, flyers, print and web advertisements, and social media. Maintain and periodically update County’s Tourism website and social media accounts.

  2. Plans and arranges distribution and placement of marketing items; routinely assesses inventory throughout sites for restocking or removal. Selects and recommends placement and evaluates the effectiveness of distribution locations.

  3. Provides input on tourism budget recommendations for the annual operating budget; monitors revenue and expenditure reports; makes recommendations for advertising and merchandise expenditures; research availability of and assists with grant applications.

  4. Routinely meets with business and other tourism representatives to share information in order to better promote Russell County as a tourism destination. Partners with lodging, restaurants, and specialty shop owners/managers to create special package deals; maintains a constant flow of useful and accurate information. Explores opportunities to expand tourism assets and information services.

  5. Serves on the Tourism Advisory Committee. Represents Russell County at tourism related workshops, seminars, and meetings. Reads various professional journals and other literature to enhance and maintain knowledge of trends and developments in the tourism industry.

  6. Makes presentations to local civic, business, historical, and cultural groups regarding Russell’s tourism efforts and to solicit volunteers. Supports local and regional events that impact tourism.

  7. Responds to consumer inquiries via phone, mail, email and/or in person. Prepares tourism informational packets. Provides up-to-date information for local event calendars, Virginia Tourism Corporation website, and other travel-related websites.

  8. Provides training programs and familiarization trips for employees of tourism-related businesses (program development, speaker solicitation, development of training materials).

  9. Prepares a variety of analytical studies, reports, manuals, and related information to include regular financial and visitation reports. Provides information and reports of performance measures and budget.

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Tracy Highlight

Tracy Highlight

Russell County Board of Supervisors 276-889-8000

Date = 22 =

lEmployee Na Name(s) “Kelly McBride Delph |Email (optional) Destination Richmond vA |Purpose/ Dates of Travel __eseton orexpense (acta arfae) bong. Tetal Expenses | Amt Approved [Ground Transportation | Cont /Resistration Fees

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Tracy Highlight

Russell County Board of Supervisors 276-889-8000

Pate submitted = 7/2 V02>_ employee Name(s) Ro|snde Lovy _ _ : Department Russell Cucky hblic Li bravy oe ————

Phone 214-LI4-SS Ie

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ICo Admin Signature Date Approved = Employee must submit two signed copies at time of request"***

Taid vie loeal 4 Friends funds, Hella MF DAPI.

Tracy Highlight

Tracy Highlight

You & your guest are cordially invited to the Southwest Virginia Community Collége

6:00 p.m. SWCC King Community Center

Please RSVP by September 16, 2022 (276) 964-7351 or [email protected]

Tracy Highlight

Tracy Highlight

July 31, 2022

Regular Account 8,090,285.19 Employee Insurance 4,611,444.10 Employee Claims Account 1,000.00 Non-Judicial Reals Estate Sales 13,313.00 Russell Co. Housing Fund 4,424.36 School Textbook 24,975.37 Sheriff Domestic Violence 1,183.35 Petty Cash Treasurer 261.70 Sheriff Seized Assets 59,470.83 Sheriff Restitution 4,410.25 Sheriff Forfeited Assets 406.26 Comm Attorney Forfeited Assets 32,148.46 Sheriff Federal Forfeited Assets 7,528.46 Comm Attorney Fed Justice Forfeited Assets 85,894.35 Commonwealth Attorney Abanoned Proper 500.00 Sheriff Federal Justice Forfeited Assets 7,921.10 Sheriff Special Projuects 47,424.36 SI Recipients 0.05 First Sentinel Bank 0.00 Bank of Honaker 7,743.40 New Peoples Bank 105,108.76 Certificates of Deposit General 49,575.00 Treasurer’s Money Market 2,705,847.87 Certificate of Deposit Library Donations 24,788.80 Certificate Of Deposit Employee Insurance 2,000,000.00

Total Cash In Bank

17,885,355.02

Cash In Office

2,986.26

Petty Cash

100.00

TOTAL CASH

DATE July 31, 2022 ACCOUNT DEBIT CREDIT Cash in Office 2,986.26 Cash in Bank 17,685,355.02 Petty Cash 100.00 General Fund 4414, 172.82 ‘Non-Judicial Real Estate Sales 13,313.00 Sheriff In State Trip 32,783.95 Sheriff Dare Fund 7100.00 Sheriff Seized Assets 59,470.83 Sheriff Restitution 4,110.25 Sheriff Forfeited Assets 406.26 ‘Comm Attorney Forfeited Assets 32,148.46 Honaker Library Donations 24,783.87 Russell County Housing Fund 4,424.36 ‘Sheriff Federal Forfeited Assets 7,528.46 ‘Sheriff Domestic Violence 1,183.35 ‘Comm Attorney Abanoned Prop 500.00 ‘Comm Attorney Fed Justice 5,894.35 ‘Sheriff Fed Justice Forfeited 7,921.10 Sheriff’s Special Projects 47,424.36 Social Services (478,178.30) ‘Swva Asap 25,347.76 ‘Coal Road Improvement 759,572.31 CSA (645,837.82) ‘School Fund 425,566.96 ‘School Food 7,759,412.13 ‘School Textbook 24,976.37 Regional Adult Education 254,017.27 Petty Cash Treasurer 261.70 COVID 19 7,068.07 Litter Fund Trash Pickup (26,604.06) ‘American Rescue Act 4,431 612.62 Current Credit (219.22) Current Debit 14.44 tle XX. 17,321.05 ‘SSI Recipients 0.05 Damage Stamp Fund 2,823.98 Valley Heights 87,418.11 Dante Sewer 53,706.00 ‘Employee Health Insurance 4,614,444.10 Employee Insurance COD 2,000,000.00 Employee Insurance Claims 7,000.00 Taw Library 61,406.76 Special Welfare 45,606.59 Housing Fund #2 7,700.00 Russell Co Health & Fitness 732,865.92 ‘Caner (202,077.68) WIB 10,051.75

Total

17,888,441,28

47,888,441.28

July 14, 2022 ‘The Regular monthly meeting of the Industrial Development Authority of Russell County, Virginia was held on July 14, 2022 at 5:30 P.M. at the Russell County Conference Center.

MEMBERS,

PRESENT: Richard Lockridge, Chairman Tony Dodi, Vice Chairman Carlton Elliott, Secretary Harry Ferguson, Member John Stamper, Member Donnie Christian, Member DeAnna Jackson, Member Roger Sword, Member

ABSENT: Jarred Glass, Member

STAFF: Ernie McFaddin, Executive Director Jeff Campbell, Attorney

GUESTS:

The Chairman called the meeting to order at 5:30 P.M.

Secretary called the roll and recorded the roll call

APPROVAL OF MINUTES Upon motion made by Donnie Christian, second by DeAnna Jackson and duly approved by the Industrial Development Authority of Russell County, Virginia to approve the minutes of the June 9, 2022 meeting.

The Vote was:

Aye: C. Elliott, J. Stamper, T. Dodi, D. Christian, H. Ferguson, D. Jackson R. Sword

Absent: J. Glass

Nay: None

FINANCIAL REPORT Upon motion made by Tony Dodi, second by Roger Sword, and duly approved by the Industrial Development Authority of Russell County, Virginia approving the June 2022 financial reports and approve paying invoices presented, and the additional payment to Campbell Chafin Law Firm for $1295.00.

The Vote was:

Aye: C. Elliott, J. Stamper, T. Dodi, D. Christian, H. Ferguson, D. Jackson R. Sword

Absent: J. Glass

Nay: None

GUEST COMMENT Mr. Frank Kilgore presented a project considering the feasibility of constructing a road to Laurel Bed Lake. Mr. Kilgore’s non-profit organization is seeking a $25,000.00 grant from VCEDA for the feasibility study.

ATTORNEY’S REPORT Mr. Campbell informed the board the Project ‘Whale” option agreement has been finalized and signed.

EXECUTIVE DIRECTOR’S REPORT

The Executive Director informed the IDA, Mr. Kilgore’s request for funding of the feasibility study will come from VCEDA local funds. The board directed the Executive Director to speak with VCEDA about using regional funds, and to speak with VDOT and AEP about the project.

The Executive Director informed the board, representatives from VEDP have been in the area the last few weeks viewing our industrial sites. The current program with VEDP allows for infrastructure grants on industrial sites that are 50 plus acres.

The Executive Director was questioned about the lease of the Health Department section of the Government Center. The Executive Director stated the lease has been executed and the lease payments will be made, however the County Administrator and the Health Department are at odds over the proposed budget.

The USDA lease application for the Probation office building is in process. The proposed lease term has been amended from a 3-year lease to 10 years.

Russell Place project funds have been reallocated to demolish the front corner of the building.

The Probation project is 99% complete on the inside and the personnel have moved in. The outside should be completed in the next few weeks, weather permitting.

The Executive Director has rough sketches for the inside improvements for the Aome Building, The next step is to get the plans drawn up and request bids for

the update.

CLOSED SESSION Upon motion made by Tony Dodi, second by Donnie Christian and duly approved by the Industrial Development Authority of Russell County, Virginia to enter Closed Session as permitted by, VA Code #2.2-3711 (3) Property (5) Prospective Business (7) & (8) Legal.

The Vote was:

Aye: C. Elliott, J. Stamper, T. Dodi, D. Christian, H. Ferguson, D. Jackson R. Sword

Absent: J. Glass

Nay: None

RECONVENE TO PUBLIC SESSION Upon motion made by Tony Dodi, second by John Stamper, and duly approved by The Industrial Development Authority of Russell County, Virginia, the Chairman called the meeting back into regular session and requested the “Certification Motion after reconvening in Public Session”.

The Vote was: Aye: C. Elliott, J. Stamper, T, Dodi, D. Christian, H. Ferguson, D. Jackson R. Sword

Absent: J. Glass

Nay: None

CERTIFICATION AFTER RECONVENING IN PUBLIC SESSION The Industrial Development Authority of Russell County, Virginia hereby certifies that, in the closed session just concluded, nothing was discussed except the matter or matters (1) specifically identified in the motion to convene in closed session and (2) lawfully permitted to be so discussed under the provision of the Virginia Freedom of Information Act cited in that motion.

The Roll Call Vote Was: Richard Lockridge Yes DeAnna Jackson Yes Carlton Elliott Yes Donnie Christian Yes Harry Ferguson Yes Jarred Glass Absent Tony Dodi Yes John Stamper Yes

Roger Sword Yes

MOTIONS FROM CLOSED SESSION Upon motion made by Tony Dodi, second by Roger Sword, and duly approved by the Industrial Development Authority of Russell County, Virginia

authorizing the Executive Director to apply to VCEDA for a loan up to $2.5 million to construct a shell building on the Russell Place site.

The Vote was:

Aye: C. Elliott, J. Stamper, T. Dodi, D. Christian, H. Ferguson, D. Jackson R. Sword

Absent: J. Glass

Nay: None

Upon motion made by Harry Ferguson, second by Donnie Christian, and duly approved by the Industrial Development Authority of Russell County, Virginia authorizing the Executive Director and the Attorney to negotiate with Ceccato on reclaiming possession of the Russell Place Building.

The Vote was:

Aye: C. Elliott, J. Stamper, T. Dodi, D. Christian, H. Ferguson, D. Jackson R. Sword

Absent: J. Glass

Nay: None

ADJOURNMENT Upon motion made by DeAnna Jackson, second by Donnie Christian, and duly approved by the Industrial Development Authority of Russell County, Virginia adjourning this meeting at 8:50 PM.

The Vote was:

Aye: C. Elliott, J. Stamper, T. Dodi, D. Christian, H. Ferguson, D. Jackson R. Sword

Absent: J. Glass

Nay: None

MINUTES OF THE MONTHLY BOARD OF DIRECTORS’ MEETING

MINUTES OF THE MONTHLY MEETING OF DIRECTORS of The Russell County Public Service Authority held at 137 Highland Drive Lebanon, VA 24266 on this 9" day of August 2022 at 6:00 PM.

The following members were present, constituting a quorum (4): Cuba Porter, Chairman;

David Edmonds, Jr., Treasurer;

Clifford Hess; Joe Huff; Stephen Perkin: ‘Thomas Tignor;

Phillip Campbell; and Rhonda Lester, Secretary.

  1. Also present: Tracy Puckett, RCPSA Interim Director; Rita Baker, T&L;

Tim Mullins, T&L: Katie Patton, Legal Counsel; and Lonzo Lester, Russell County Administrator

  1. All the above directors of The Russell County Public Service Authority being present, formal notice calling the meeting was dispensed with, and the meeting declared to be regularly called.

4, Cuba Porter acted as Chairperson of the meeting and Rhonda Lester as Secretary of the meeting.

  1. Cuba Porter introduced and welcomed new board member Phillip Campbell.

  2. Cuba Porter opened the meeting with the Pledge of Allegiance followed by a prayer led by Stephen Perkins.

  3. Motion to amend the agenda to read “Reorganization of Officers of the Russell County Board of Directors” as item a) under New Business made by David Edmonds, Jr., seconded by Clifford Hess, and unanimously adopted.

  4. Minutes of the meeting dated June 27, 2022 were reviewed and, motion to approve as read made by Clifford Hess, seconded by Thomas Tignor and unanimously adopted.

  5. Public Comments - None

  6. Rhonda Lester presented to the meeting:

© Bank Activity and Account Balances Reports

© Profit and Loss Reports

Motion to adopt financial reports as presented made by Clifford Hess, seconded by David Edmonds, Jr., and unanimously adopted

11, Rhonda Lester presented to the meeting:

  • Water Loss Reports

12, Rita Baker with Thompson & Litton presented to the meeting project updates from June 27,

2022 to date. (attached)

  1. Tracy Puckett, Interim Director presented to the meeting Directors Report updates from June

27, 2022 to date. (attached)

14, Motion to go into executive session pursuant to VA code 2.2-3711 (A) (7) and (8) consultation

with legal counsel regarding Crossroad Engineering matters made by Clifford Hess seconded by David Edmonds, Jr., and unanimously adopted.

Motion made by Clifford Hess seconded by David Edmonds, Jr., and duly approved by the Board of Directors to return to regular session.

Pursuant to § 2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of Directors upon the Roll Call certifies that to the best of their knowledge (1) only public business matters lawfully exempted from the open meeting requirements under the Virginia Freedom of Information Act and (ii) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed or considered in the meeting by the Board of Directors.

Any member of the Board of Directors who believes that there was a departure from the requirements of clauses (I) and (ii) above shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place.

Are there any who believe a departure has taken place? Seeing none, if you agree that the matters heard, discussed, or considered during the closed meeting were pursuant only to the motion(s) by which the closed meeting was convened, please signify by saying aye or yes.

A roll call vote was taken. Cuba Porter: Yes

David Edmonds, Jr.: Yes Clifford Hess: Yes

Joe Huff: Yes

Stephen Perkins: Yes ‘Thomas Tignor: Yes Phillip Campbell: Yes

Yes: 7

No: 0 By a majority vote, motion to return to regular session was approved. 15, Old Business to Discuss:

a) Cuba Porter inquired if there was a policy in place giving fire departments within the county an allowance of water usage through the meters at their fire department location; Rhonda Lester and Tracy Puckett reported that currently there was not a policy in place; it was the consensus of the Board that since each department could fill their tanks at hydrants within the county after a fire/emergency, no allowances of water usage through the meters at their fire department location would be given.

b) Cuba Porter and Tracy Puckett reported to the Board that they were looking into putting at least one of the Green Valley Wells back into service.

©) Cuba Porter reported to the Board that some customers had inquired about the $3.00 Virginia Assessment Fee on their most recent bill; Tracy Puckett explained to the Board that the Virginia Department of Health charges a waterworks operations fee of $3.00 per customer connection annually

  1. New Business to Discuss:

a) Cuba Porter, Chairman turned the meeting over to Tracy Puckett, Interim Director, for the nomination and election for Chairman of the Board. Tracy Puckett opened the floor for nominations for Chairman of the Board. David Edmonds, Jr. nominated Cuba Porter for Chairman of the Board. There were no other nominations, so Tracy Puckett stated the nominations were closed.

Motion the nominations cease and elect Cuba Porter as Chairman by acclamation made by David Edmonds, Jr., seconded by Joe Huff, and unanimously adopted.

The meeting was turned over to Chairman, Cuba Porter. At this time, Chairman Porter opened the floor for nominations for Vice-Chairman of the Board. Clifford Hess nominated David Edmonds, Jr. for Vice-Chairman of the Board. There were no other nominations, so Chairman Porter stated the nominations were closed.

Motion the nominations cease and elect David Edmonds, Jt. as Vice-Chairman by acclamation made by Clifford Hess, seconded by Thomas Tignor, and unanimously adopted

Chairman Porter opened the floor for nominations for Treasurer of the Board. Clifford Hess nominated Stephen Perkins for Treasurer of the Board. There were no other nominations, so Chairman Porter stated the nominations were closed.

Motion the nominations cease and elect Stephen Perkins as Treasurer by acclamation made by Clifford Hess, seconded by Joe Huff, and unanimously adopted.

retary of the Board for a term of one year made ford Hess, and unanimously adopted.

Motion to appoint Rhonda Lester for by David Edmonds, Jr., seconded by

Motion to appoint Katie Patton for Legal Counsel of the Board for a term of one year made by Thomas Tignor, seconded by Clifford Hess, and unanimously adopted.

  1. Matters presented by the Board: None

  2. There being no further business to come before the meeting, a motion to adjourn at 7:49 PM was made by Joe Huff seconded by Clifford Hess and adopted.

The next meeting is scheduled for September 20, 2022 at 6:00 PM.

Dated in the Commonwealth of Virginia on Hy s, Lobe C

the 9 day of August 2022.

(Signature)

Secretary Name: Rhonda Lester

RCPSA PROJECT UPDATES August 9, 2022

R PROJECT

of replacing approximately 1.5 miles of old 2-inch galvanized line with 8- ines and adding fire protection to approximately 20 homes along with an additional area of Russell County that has approximately 20 homes of new service, VDH’s offer was in the amount of $523,000 grant and $418,700 loan, Coalfield Water Development Fund approved $75,000, and SW VA W/WW awarded $120,000, Previously installed was 7,489 L.F. of S:inch, 7,286 L-F. of 6-inch, 943 LAF. of 4-inch, 95 LAF. of 2-inch, 180 L. F. of I-inch water line, 50 : three fire hydrants, one ARV, 41 34” service meters, 240 LF of Ydeineh service line, two sampling stations, and a G-inch meter & vault set and tied into the Town of Lebanon. Paving was done along River Mountain Road. Project Inspection with VDH was held on May 11, 2022. No problems were noted.

NASH’S FORD/CLINCH MOUNTAIN ROAD

project will be providing water service to approximately 58 customers. Offer letter has been received from VDH with 20% grant and 80% loan. Request letter asking for additional grant funds was submitted to VDH on 9/17/2021. Received Offer Letter from VDH for 70% grant and 30% Loan for this project. RCPSA & RCBOS approved acceptance of this offer from VDH. Design is underway. Met w/VDOT on May 12, 2022. Working on submitting plans to VDH for review. Submitted Coalfield Water Development Fund Application to cover cost for Service Line Connections on July 25, 2022.

BELFAST PHASE I WATER LINE PROJECT

VDH has approved the Change Order and plan sheets. Equipment was moved to the jobsite with construction starting on this project on 2/17/2022. Previously installed was 4,833 L.F. of 6-inch water line, I fire hydrant, and a Master Meter Vault. Paving, seeding, and clean up of project area has been done. This report period, 170 LF of 6-inch water line, Master Meter, and an ARV was installed. All that is lacking on this project is the PRV.

ELE, E TER LINE E

‘This project will consist of approximately 13,000 L.F. of 6-inch, 650 L.F. of 4-inch, 1,000 L.F. of L-inch and 6,000 L.F. %-inch water line for approximately 47 residents in the Belfast Community. This Project has been awarded $100,000 from CWDF and $59,950 from SW VA W/WW Funds. $640,000 has been approved by DHCD. A CWDF application for an additional $100,000 has been approved. Waiting on DHCD to put Project under contract. A total of 280 L.F. of 6-inch water line, 20 L.F. of road crossing at the Arrowhead Intersection, 20 L.F. of 12-inch steel casing, one 6- ch gate valve at Springhill Intersection and two 6-inch gate valves at Arrowhead was previously installed.

CHIGGERSVILLE WATER LINE EMENT. ECT

This project will consist of replacement of approximately 900 L.F. of 4-inch water line and 11 reconnects in the Chiggersville/Elam Road Community. This Project was awarded $45,200.00 from the SW VA W/WW funds. Plans are complete. RCPSA and James Baker met w/VDOT on road crossing on Mew Road and line on Elam. Main line is complete, Alll that is lacking is taps for meters and pressure testing.

RCPSA Project Update ‘August 9, 2022

Page 2 CASTLEWOOD WATER LINE REPLACEMENT PROJECT - STRAIGHT HOLLOW

VDH through their 2021 American Rescue Plan Act (ARPA) awarded this project $1,490,000. Design is underway.

E SEWE) iE

DHCD has approved $2,500,000, $150,000 was awarded from SWVA W/WW and the County has agreed to fund the remaining $150,000 for this project. A Contract Negotiations meeting was held with DHCD on 2/16/2022. A Management Session meeting w/DHCD was held on May 12, 2022 @ 10:00.

Previously installed tee and 6-inch valve, 4-inch master meter, two 6-inch valves, two 2-inch valves, 700 feet of 6-inch water line and did pressure testing, Crew relocated 200 L.F, of water line. Water line is complete. Relocated 200 LF of 6-inch water line and installed approximately 200 LF of sewer line. This reporting period, crew installed 1,400 LF of 3-inch Poly Pipe; 223 LF Directional Road Bore w/ Directionz Underground; Installed 223 LF of 12-inch Poly Casing; Installed (40) casing spacers 6-feet apart for sewer line; did clean up as weather permitted.

ELK GARDEN WATER LINE EXTENSION PROJECT — TILLER TRAILER PARK

A DHCD application will be submitted for this project in December 2021. A funding met w/DHCD was held on May on May 12, 2022, they recommended the RCPSA pursue Construction Ready funds for this Project. Currently, working with DHCD for the Construction Ready Application and Southwest VA Water & Waste Water Fund Application.

BELFAST PHASE IV - HOUSE AND BARN MOUNTAIN

A Preliminary Engineering Conference was held on March 1, 2022 with VDH. A VDH Application was completed and submitted on April 6, 2022. Should receive offer letter from VDH in August 2022.

System Improvements - Phase I (WSL-027-17)

© Consists of 900 feet of water line replacement along Memorial Drive, 1,700 feet raw water pipe for Sargent Springs WTP, will be placed above ground, 3 water pumps, and receptacles and transfer switches for generator connections at WTP.

  • Bids were opened on May 12, 2022 for the remaining approximate 1,000 L.F. for along Memorial Drive.

CASTLEWOOD AREA — POTENTIAL PROJECTS

Straight Hollow, Hummingbird Lane, Hill Top Dr., Wallace Hollow, Rocky Hollow, Timber Scent Rd. - Replacement of 15,300 L.F. of main line (various sizes) for approximately 110 customers with a proposed cost of $2,692,500. A request for $1,490.00 has been sent to VDH for funding for part of this project.

RCPSA Project Update July 19, 2022 Page 3

Rt. 63 Dante Ra./Bunchtown Rd. ~ Replacement of 6,000 L.F. of 8-inch main line for approximately 30 customers with a proposed cost of $1,019,900.

Hospital Hollow, Back Street, and 2-inch service line off Bunchtown Rd. - Replacement of 1,750 L. F. of 4-inch main line for approximately 13 customers with a proposed cost of $326,500.

Gravel Lick Road - PH I - Replacement of 15,200 L. F. of main line (various sizes) for approximately 100 customers with a proposed cost of $2,865,000.

Gravel Lick Road - PH II - Replacement of 13,500 L.F. of 8-inch main line for approximately 28 customers with a proposed cost of $1,949,100.

Banner Dr/Chiggersville (Griffith St., Dingus St., Powers St., 2-inch service lines, Lee Street/Longyiew Dr., Tates St., Radio Rd., Cedar St., N. Counts & E, Counts Dr.) - Replacement of 9,700 L.F. of main line (various sizes) for approximately 128 customers with a proposed cost of $2,498, 100.

Old Castlewood Area (Boyd Dr., Winchester Temple Dr., Porter St., Regan Dr., Valley Circle, Chafin, Farr St., Talbert St., Wohford Circle, Franks Dr., Beauchamp Dr., Quarry Rd/Roger Circle Rd., Quarry Rd/Whites St., Castlewood Quarry Office) - Replacement of 18,300 L.F of main line (various sizes) for approximately 155 customers with a proposed cost of $3,457,500.

Vinton St., Campbell St., Church St., Old

Honey Branch - Replacement of 1,850 L.F. of 4-inch main line for approximately 17 customers with a proposed cost of $342,800.

Morefield Bottom - Replacement of 4,360 L.F. of main line (various sizes) for approximately 42 customers with a proposed cost of $1,013,500.

Neece Street and Blackstone Lane - Replacement of 1,000 L.F. of 4-inch main line for approximately 16 customers with a proposed cost of $310,000.

Rt. 732 - Crooked Branch - Replacement of 3,500 L.F, of 4-inch main line for approximately 17 customers with a proposed cost of $416,800.

RCPSA INTERCONNECTION PROJECTS

Back Valley - To allow pumping from South Clinchfield to Big A Mountain. Will req pump stations.

two

Pump Stations along Route 19/58 - To allow water purchase from Washington County. Cuba Porter, Harvey Hart, and James Baker had meeting with WCSA on 11/9/2021 to discuss this project.

PSA Board Members,

Items listed below provide a brief description of work performed in all departments of the PSA.

  1. Belfast Phase Il & Ill: We are currently still waiting to install the PRV vault since the Pressure Reducing Valves (PRV’s)have not been delivered. We were able to get more pipe on-site for Phase Ill. Crews will return to begin installation on Phase Ill as soon as the college project has been completed. Also, there are a few easements that was not secured on this project from a few property owners. | will be meeting to discuss and address their concerns on August 4, 2022. | will report to the board on the meeting results.

  2. Southwest Community College: All VDOT permits have been secured for the right-of-way and road bore. Road bore has been completed and the construction crew is currently working to complete this project as soon as possible. Clean-up is primarily all that is needed; however, weather has hindered completion.

  3. Castlewood System Improvements Phase I (WSL-027-17): Notice of

Awards have been issued and funding agreement has been signed. A Pre- Construction conference will be held at 10 am August 4, 2022. | will report to the board on the outcome of that meeting as well as the tentative starting dates.

  1. House & Barn Mountain Project: Engineers has submitted a funding request to VDH. VDH has met concerning this project, however, we have received no response as of yet about any funding.

Page 1 of 4

  1. Elam Street Project: Project has been completed with the exception of some minor clean-up.

  2. Fire Hydrants:_It appears that most all hydrants are in working order across the county, with the exception of a couple. Crews will be returning to make these repairs or replacements soon. | am currently working on a routine maintenance schedule with the maintenance crews as well.

  3. Sandy Ridge Project: We will be submitting an application for a planning grant on August 19, 2022.

8, Town of Lebanon Water Rates: | am currently working with Rhonda

Lester and Steve Breeding to gather documentation on prior usage and charges. Once we have the total usage and charges, we will be able to provide the attorney with the overage amount. This will provide direction in how Legal Council will need to proceed in reaching a resolve with the town.

  1. Sargent Spring/Crystal Well Drawdown Analysis: The updated quote resulted in no increase. We are currently working with CARDNO on a tentative date to schedule the drawdown.

10.Dante Sewer: Engineers are working with DHCD to get this project under contract. They are currently addressing DHCD comments.

  1. Chiggersville Sewer: Engineers have submitted a funding application to DEQ. There is a good possibility that this project will be looked at with the present issues at hand as well as the Environmental Health documentation that was submitted along with the application.

12.0ld Castlewood Galvanized Replacement Project: Rita Baker has discussed this project with VDH, and we will be submitting an application {for funding in the spring.

13.Buchanan County Emergency: | reached out to Bob Anderson, BCPSA Director, to offer assistance in helping to restore water and sewer services to the residents of Buchanan County. We were able to send several of our staff as well as equipment for a total of 6 days to help restore services in heavily damages areas. Our crews worked in mainly the areas that had been impacted the most. Mr. Anderson was very appreciative and stated, “RCPSA employees possess a wealth of knowledge, extremely efficient and their work is impeccable”. | commend these gentlemen on a job well done and | am very proud of how well they represented the RCPSA. It appears, that we will be compensated for the services rendered, as there are some emergency monies available. | will work the funding agencies to provide whatever is required to recoup expenses.

Page 2 of 4

Employees:

« As | reported last month, | am continuing to work with department heads to restructure some our employees. Making the transitions to utilize the resources that we have available will take pains and some time. However, | remain hopeful that we will get the staff to the place for the PSA to operate more efficiently. We are currently, recreating meter routes to allow meters to be read in a more timely manner as well shift maintenance employees around to avoid interruptions in construction.

Office/Clerical:

Much time has been spent to begin making the new software transition to Muni-Link.

  • Rhonda has worked with her staff in making this transition and has made every effort to provide minimal disruption to daily and routine clerical and administrative operations to begin the new fiscal year. While this transition has not been without incident, the staff continues to make progress on a daily basis. | have also, sent Scott Short down from Lee County PSA to assist with this transition.

« Rhonda continues to work on drawdowns for the construction projects as well as coordinate with regulatory agencies on monthly reports and Consumer Confidence Reports (CCR).

Water/Wastewater Plant Operations and Maintenance:

  • General Maintenance continues to be performed on grinder pumps, lift stations, water pump stations and Water/Wastewater Plants. We are upgrading the Lynn Springs Pump Station with Point Broadband which will result in automated controls. This will cut down on overtime and the expense of the constant running back and forth to manually pump the tank.

© We are currently doing pump upgrades at Fuller Mtn. Pump Station.

© We continue to address the issue of power outages due to thunderstorms at the water plants. Some of these storms have damaged controls that can be replaced or repaired and most likely be paid for through the PSA’s Risk Management Policy, however, finding parts continues to be one of our greatest challenges.

  • With the outages, we have been forced to purchase water. Crews are doing their best to keep water purchase a minimal as possible.

Replace pump motor at Seven Springs WTP and pinned filters.

  • A Memcor Rep we be on-site mid-August to access some of the Water Treatment Plants software issues and make the pertinent adjustments for more efficient operations.

« Addressed comments from OSHA inspection at Dante WWTP.

© Replaced several grinder pumps in Dante.

Page 3 of 4

Water Maintenance/Operation:

The PSA crews continue to perform general maintenance to all systems: work orders, disconnects, reconnects, new installations, meter reading, hydrant flushing and hydrant repairs, etc…

« Lebanon side maintenance continues to deal with reception in radio read meters. We have resolved some of these issues, but not all. However, we will continue to work on this until all meters are operable.

¢ Asphalt/Stone Repair: In leak areas ° Water Taps (new connections): ° Transducers repaired/replaced:

¢ Sewer Taps/Flushing/Repairs: ° Leak Detection: Crews continue leak detection in all systems as weather permits.

¢ Valve/Valve Box Repairs:

© Line Setter Repairs/Replacement:

° Repaired/Replaced PRV’s:

° Altitude Valve Repair/Adjustments:

Water Line Repair:

6 - 3/4” Service Lines: Swords Creek/Castlewood 0-1” Service Line: 4-2" Water Mai ’" Water Mail 1-6” Water Mail ”” Water Mi

Castlewood

jouth Clinchfield

Total Leaks Repaired…

Tracy Puckett

Grebe

RCPSA Interim Director

Page 4 of 4

joh Lyttle Tourism Coordinator — Intern Office Phone: (276)344-8504

Cell Phone: (276)880-5728 COUNTY Email: shiloh. [email protected] VIRGINIA)

Russell County Tourism Report August 2022

  • Attended and photographed the Appalachian Gateway Horse & Trail Association Sponsored Cleveland PBR Rodeo on August 27, 2022

© Continued to post updates and engage our social media followers with consistent posts throughout the week (averaging around 3-4 posts per week). © A TikTok account for Experience Russell, provides another social media platform

to create content to reach a younger demographic

  • Experience Russell Blog

© Been in contact with the RCPS English 12 and Dull Enrollment teachers, to offer an opportunity to their students to write blog posts to be posted on our blog, This is an initiative to encourage youth engagement in the community and help in furthering educational opportunities. While helping to strengthen this generations bond with their home and community.

© These blog posts will consist of different locations and activities available in the county (hiking, kayaking, trying new restaurants, attending an event, etc.). The students will be provided with a list of different things that they can go out and do (for free or very cheap) and they will then write about their experience in a blog format.

© They will then be sent into me and reviewed before posting. Each student

published will be informed and shared across our social media platforms.

© Worked with event planners at the Russell County Fair Association, and how we can help in their promotion on social media along with the other events being conducted on the

grounds © Such as SWVA Vet Fest (September 24"), Rockin’ Bash (September 3%), etc.

Shiloh Lyttle

Tourism Coordinator — Intern

Office Phone: (276)344-8504

Cell Phone: (276)880-5728 COUNTY Email: shiloh [email protected] VIRGINIA

© The tourism department & TAC will have a set up at the fair this year while raffling off a basket to raise funds for TAC.

  • The basket features different businesses throughout the county including

Western Front Hotel, Weeping Willow Café, El Primo, ete.

© Began working with Amber Amburgey to put together designs for our rack cards which will be purchased through a VTC grant received for a total of 10,000. © The rack cards will consist of featuring five of our greatest assets here in Russell County possibly including Outdoor Recreation, Clinch River State Park, History & Culture, Veterans, Eat, Shop, & Stay.

© Arty Lee Campground: steps were taken to move forward on the continued development of the campground, along with the inclusion of pricing development. © Worked closely with Lonzo Lester and Lou Ann Wallace to get a foundation laid out for the continued renovation and get the campground ready to be reserved. © The reservation will be made through the county website to ensure security and the Facebook page will be run by me through the tourism page. The IT department and I have been working on the best way to create and converge the

social media pages.

© VTC-Microbusiness Marketing Leveraging Grant opened on August 4", 2022, and is open through September 20", 2022 © This is a grant available for small businesses with 20 employees or less and is to

be used for marketing the business, up to 5,000 in reimbursable funding.

© New Experience Russell County Brochure Order was placed to receive 10,000 brochures with the updated information.

© Order was made through Clinch Valley Printing ~ $2,222

Shiloh Lyttle ‘Tourism Coordinator — Intern Office Phone: (276)344-8504

Cell Phone: (276)880-5728 COUNTY Email: shiloh. [email protected] VIRGINIAY

© TAC Meeting was held on August 16, 2022 © Introduction of new committee members; Doug Hubbard & Dustin Blackson © September events coming up in the county including the Russell County Fair (September 5-10)-booth application completed, SWVA Vet Fest (September 24)- booth secured © Russell County Fair Raffle Basket, Booth Scheduling, & Ticket pricing Brochure Order

°

Webpage update Updates on the subcommittee positions VTC Grants Open - MMLP grant (August 4° — September 20")

0 0 0 0

Appointments of Treasurer (Dustin Blackson) & Secretary (Janice Halsey)

© Heart of Appalachia — DMO and Stakeholder meeting (August 15%, 2022)

  • Attended VTC Outdoor DRIVE 2.0 informational webinar ‘© Attended regional Tourism Summit ~ Wytheville

© Clinch River Valley Initiative (CRVI) ~ meeting August 31%, 2022

Webpage Update © The webpage is finished with the current updates and has been published, but there are plans to go back and have continued updates and move the domain to a different editing format. The webpage is currently hosted by SiteLIO, there are plans in the future to move the webpage to a different editing format. This webpage will be a continually live and working document, to be continually

updated as we continue to move forward in growing tourism.

Shiloh Lyttle ‘Tourism Coordinator — Intern Office Phone: (276)344-8504

Cell Phone: (276)880-5728 COUNTY Email: [email protected] VIR GINIIAY

e¢ ARPA Grant © After completion of the training for access to the ARPA portal to get the requirements of the marketing plan for tourism have been made, we will now begin working on the application. The deadline for the submission of the

application is December 31*, 2022.

© My internship with Radford University has been completed, the last day of my internship was August 12%, 2022,

Russell County Planning Commission July 18, 2022

The Russell County Planning Commission met on Monday, July 18, 2022 in the lobby of the Board of Supervisors’ Meeting Room at the Russell County Government Center, 133 Highland Drive, Lebanon VA.

Members Present Members Absent Others Present

Mark Mitchell Jack Compton Kevin Tiller Esq Oris Christian

John Mason

Philip Addington

Charlie Edmonds

Ernie McFaddin

Keith Ray

Chairman Mark Mitchell called the meeting to order at 6:34 p. m. Invocation and Pledge of Allegiance given.

Agenda approved. Motion by, Charlie Edmonds seconded by John Mason, motion passed unanimously.

June 20, 2022 Meeting minutes approved. Motion by Oris Christian, seconded by Charlie Edmonds, motion passed unanimously.

New Business

Mr. Salyers right of way has been approved by the Board of Supervisors and recommend getting the minutes to have it recorded

The Rasnake/Sykes boundary adjustment was approved by the Board of Supervisors

Review of Plats

Plats for the months of June and July were reviewed. Transactions dated June 21, 2022 through July 18, 2022.

Other Business

Solar ordinance draft was discussed, a motion was made to submit the draft to the Board of Supervisors for review. Motion was made by Philip Addington, seconded by Oris Christian, the motion passed unanimously.

The board discussed the proposed campground and the role of the planning commission

Meeting adjourned. Motion by Charlie Edmonds, seconded by Oris Christian, the motion passed unanimously.

Mark Mitchell,

Attest:

LEM”

Ernie McFaddin, Secretary

RUSSELL COUNTY PLANNING COMMISSION JUNE 21, 2022- JULY 18, 2022

. William Paul Skeen 6.38 AC Boundary Survey Church Hill RD

. Leonard Companies 3 AC to be added to Clinch River Forest Products New acreage 6.740 AC US HWY 19

. Janet Puckett .779 AC Boundary Survey Angel ST . Genesis Land Holdings LLC 54.30 AC to Jerome & Sarah

McGlothlin Remaining acreage 62.40 AC Single Division US HWY 19

RUSSELL COUNTY CONFERENCE CENTER

August 1, 2022

‘The following is a list of the Russell County Conference Center events for the month of August.

Date Event Event Type Space oBio122 Board of Supervisors Board Meeting Community Full Lonzo Lester Event 30 08/0422 Bingo Benefit ‘Community Full Sydney Dale Event $25

Canceled Event

08/05/22 Russell County Republican Party Community Movie Community Full Night Event $135

Tara Dye 08/0822 Honaker High Girl State Basketball Banquet ‘Community Full Misty Miller Event $286 os/osi22 Dem Tech Civix Training for Electronic Pollbooks Individual Full Diana Shorter Event $0 08/1122 IDA Board Meeting ‘Community Full

Emie McFadden Event $0

Date Event Event Type Space 08/12/22 Birthday Party Individual Full ‘Amy Singmond Event $195 08/19/22 Lebanon High School Band Booster Bingo Fund Raiser ‘Community Full ‘Martha Combs Event $135 ost6/22 Russell County Real Estate Tax Sale Community Full Alicia McGlothlin, Event $0 8/20/22 Farm Bureau Dinner Community Full Bruce Wamer Event $135 08/21/22 ‘Wedding Shower Individual Full Jimmie Perkins Event $25 Canceled Event 08/23/22 VACO Meeting Individual Full Lonzo Lester Event $0 08/25/22 Seminar Individual Full David Mullins, Event $210 8/26/22 30” Birthday Party Individual Half Cindy Witt Event $100

(Total: $1,910.00

  • $675.00 Final Total = $ 1,235.00

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6-RT 67 MAPLE GAP A CURVE NEEDS WARNING AND CHEVRON SIGNS PLUS TRUCK ENTERING SIGNS INSTALLED IN BOTH NORTH AND SOUTH BOUND LANES. TURNED IN TO BRISTOL

7-RT 682 DEAD AND LIVE TREES HANGING OVER THE ROAD FIRST MILE FROM RT 609 AND BRUSH FROM FALLEN TREES LAYING ALONG THE ROADWAY NEAR THE TOP NEEDS TO BE REMOVED. REMOVAL PENDING NEW CONTRACTOR

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11-RT 82 % MILE FROM LEBANON CORP. LIMIT ROUGH ROAD NEAR CLATTERBUCK. WILL SCHEDULE FOR PATCHING

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13-RT 683 NEEDS SPEED LINIT SIGNS FROM CEMETERY TO RT. 58 BUZZARD. ROOST. REPORTED TO SIGN CREW

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16-TR 82 BETWEEN HORSESHOE BEND AND NEW GARDEN ROAD TREES AND ROCK BLOCKING THE DITCH

17-RT 740 COPPER ROAD VERY ROUGH. SCH. TO BE PAVED IN 2023

18-RT 680 SWORDS CREEK NEAR BLANKENSHIP CHURCH PASTOR’S DRIVE NEED A CHILDERN AT PLAY SIGN INATALLED

19-RT 824 TUMBEZ HOLLOW ASK TO FINISH PAVING A SECTION THAT WAS MISSED ORGINALLY. PLAN TO REBUILD IN 2024

WN20-RT 654 PITTSTON ROAD TREE LIMBS HANGING DOWN CLOSE OVER THE ROAD

20- RT. 680 ROAD BROKE OFF % MILE FROM 71S AND SEVERAL POT HOLES

21- RT 680 UPPER COPPER CREEK LARGE TRUCKS BEING PARKED IN DRAINAGE PREVENTING DRAINAGE TO FLOW TO THE PIPE AND CAUSING WATER AND MUD TO POND ON THE ROAD

22-RT. 613 JUST PAST MOCCASIN RIDGE WATER PONDING IN THE ROAD FLOWING FROM A NEW DRIVEWAY ENTERANCE

23-RT 613 /612 BRUSH BLOCKING VISION AT THE INTERSECTION

SCHOOL BUS SAFETY AND OTHER CONCERNS

ITEMS REPORTED CORRECTED

1-RT 63 RUFF CONDITIONS REPAIRE NORTH OF THE CLINIC

2-RT 665 POWER PLANT TREE REMOVE NEAR CARTERTON BRIDGE

3-RT 63 SOUTH LANE ABOVE THE CLINIC POT HOLE IN A CURVE REPAIRED

FUTURE SUGGESTED MAJOR SAFETY PROJECTS

1-RT 627 DANTE SAWMILL HOLLOW CURVE NEEDS WIDENED AT THE UPPER END NEAR THE BALLFIELD and also the one lane road near the R.R tracks TO HANDLE ANTICIPATED HEAVY TRAFFIC TO A CAMP SITE. COUNTY WORKING WITH VDOT A. RIGHT OF WAY PROBLEM. POSSIBLE SMART SCALE PROJECT BD. SUPRV. TO REQUEST

2-RT 19 NORTH AT THE WAL MART INTERSECTION SAFETY CAUTION AND WARNING DEVICES INSTALLED SUCH AS CONTINIOUS FLASHING LIGHT, RADAR SIGN, RUMBLE STRIPS AND EXTENDING A 45 MILE SPEED LIMIT TO TOP OF THE HILL CONTRACTOR TO INSTALL CRASH BARRELS AROUND THE CONCRETE UTILITY POLE

3-Rt. 71S/ 604 Molls Creek INTERSECTION NEEDS BANK KEPT SCALED BACK FOR BETTER VISIBILITY

4-Rt. 80 FROM THE DOUBLES TO RT.19 NEEDS A PASSING LANE INSTALLED. SMART SCALE PROJECT

5-Rt. 645 New Garden Road water undercutting road one mile East of Nash’s Ford Bridge GETTING WORSE /PER TONY. WILL SCHEDULE FOR REPAIR. TEMPORARY FIXED. 6-Rt. 19 SOUTH EXIT ONE COAL TIPPLE HOLLOW RAMP NEEDS TO BE EXTENDED 7-ARTRIP RD. % MILE FROM CLEVELAND BRIDGE BANK NEEDS TO BE TAKEN OFF TO WIDEN ROADWAY. WILL REVIEW WITH RESIDENCY TWO DIFFERENT PROPERTY OWNERS

UNDER LINED AND BOLDED COMMENTS WERE REPORTED FROM HENRY KINCER 8-RT 667 CENTURY FARM RD. FIRST INTERSECTION NEEDS TO BE WIDENED HAVE HAD SEVERAL WRECKS.

9-RT 609 HIGH POINT ROAD EXIT RAMP COMING OFF RT 58 NEEDS TO BE EXTENDED. REFERRED TO RESIDENCY OFFIC FOR CRASH ANALYSIS

10-RT 58/71 SOUTH INTERSECTION THE OFF RAMP FROM RT.58 NEEDS TO BE EXTENDED. REFERRED TO THE RESIDENCY

11-RT 651 HUBBARD TOWN ROAD INTERSECTION ONTO NEW GARDEN ROAD. NEEDS TO BE WIDENED A BLIND SPOT IN THE CURVE

COMMISIOM MEMBER INFROMATION

BARBARA COX 971 1502 JOHNNY JESSEE 889 1563 LINDA CROSS 794 7618 TIM LOVELACE 971 0367 GARY DOTSON 7 62 9803 TONY MAXFIELD = 254 2492 EUGENE FERGUSON 210 8504 MIKE O’QUINN 701.7086 CARL RHEA 254 3810 HENRY STINSON 873 4905 HENRY KINCER 889 7601 BILL WATSON 794 1021

NEXT MEETING WILL BE SEPTEMBER 13TH 2022 WE THANK ALL WHO ARE INVOLVED IN KEEPING OUR ROADWAYS SAFE AND OUR GUEST PARTICAPTION

SAFETY IS A COMMITMENT!!! !!! PREPARED BY GARY DOTSON

Library Board of Trustees Meeting

Members Present Members Absent Susan Breeding Sherry Lyttle ‘Ann Monk Bob Breimann Karen Davis, Sharon Sargent kim Fife Yvonne Dye Sharon Van Dyke

Chair Susan Breeding called the meeting to order 19 July 2022 at 5:00 pm.

Introductions: Minutes: Sherry Lyttle moved and Karen Davis seconded a motion to approve June minutes as distributed; motion passed.

Communications:

Financial: Sharon Sargent made and Ann Monk seconded a motion to approve the bills; motion passed,

Staff Reports: Kelly reviewed the staff reports.

Tabled Business: Director’s Evaluation & Meeting Room Policy

Old Business: Sherry made and Ann seconded a motion to approve the Strategic Plan with edits and updates for 2022-2027.

Karen made and Yvonne Dye seconded a motion to take the Meeting Room Policy off the table; motion passed. Karen made and Sherry seconded a motion to approve the Meeting Room Policy with the change of $25/hr after hours change; motion passed.

New Business: Sharon moved and Karen seconded a motion to approve the FY2023 budget with the adjustments made at the meeting; motion passed.

Review and Summary:

Karen made & Ann seconded a motion to adjourn Respectfully submitted, Kelly McBride Delph

Secretary

CUMBERLAND PLATEAU RWMA:

CUMBERLAND PLATEAU

Mr. Toby F, Edwards, Executive Director BUCHANAN COUNTY:

Mr. Jeff Cooper Mr. Tim Hess

DICKENSON GOUNTY:

Mr. Damon Rasnick Mr. Ronald Peters

RUSSELL COUNTY:

‘Mr, Carl Rhea Mr. Tim Lovelace

Agenda |. August 18, 2022 CPRWMA Board of Directors Roll Call for Quorum.

IL. a) Approval of Minutes of the July 21, 2022 meeting…

Motion: Seconded:

ill. Administrative Business a) Review CPRWMA Waste Stream Report July 2022… b) Approval of the Treasurer’s Report for the month of July 2022… Motion: Seconded:

c) CPRWMA Attorney’s Report for June and July 2022… d) Litter and Recycling Report…

IV. Old Business

A) Straw Poll on Agreement with Waste Management for use of Roll Off Containers for use

in Whitewood Flood Cleanup. V. New Business

Vi. Correspondence/Public Comment Ernie McFadden and John Matney on Landfill Project.

Vil, Guest.

Vili. Adjournment and Next Meeting. Chair or Vice Chair conducting the meeting: Motion: Seconded: Minutes submitted by: Tim Hess and Saundra Honaker

137 Highland Drive / P.O, Box 386 Lebanon, VA 24266 Phone 276-833-5403 Email [email protected] : www.cprwma.com

®

++ Attachment

CUMBERLAND PLATEAU RWMA: DICKENSON COUNTY:

Mr. Toby F. Edwards, Executive Director

CUMBERLAND PLATEAU

Mr. Damon Rasnick Mr. Ronald Peters

BUCHANAN COUNTY: RUSSELL COUNTY:

Mr. Jeff Cooper

‘Mr. Tim Hess Mr. Carl Rhea

Mr. Tim Lovelace

Cumberland Plateau Regional Waste Management Authority Monthly Board Meeting Minutes July 21, 2022

Members Present: Others Present: Carl Rhea, Chairman Toby Edwards, Director & daughter Maddie Tim Hess Michael Shields, wife and daughter Ronald E. Peters Saundra Honaker, Finance & spouse, Wayne Damon Rasnick Bobbie Rasnick, Connie (Damon’s sister) ‘Tim Lovelace John Rasnick, wife and children

Larry Barton, DC County Administrator Jeff Cooper (By Phone) Austin Bradley, Supt for Breaks Park CALL TO ORDER: Chairman, Carl Rhea, called the July 21, 2022, meeting of the Board of Directors to order at 5:46 PM. The Pledge of Allegiance and prayer were

given.

ELECTRONIC PARTICIPATION: Pursuant to Code of Virginia Section 2.2-3708.2 upon notice provided, member Jeff Cooper stated he is participating electronically from Grundy, Virginia, due to the recent flooding issue. Motion made by Ron Peters and seconded by Damon Rasnick to approve his electronic participation due to Board of Supervisor matters. Motion was ratified, voting as follows:

Damon Rasnick ~ Aye Carl Rhea — Aye ‘Tim Hess- Aye Tim Lovelace ~ Aye Ron Peters ~ Aye Jeff Cooper — Aye

QUORUM: A quorum was established by the members that were physically present.

APPROVAL OF MINUTES; The minutes of the June 16, 2022, monthly meeting of the Board of Directors was presented for consideration. A motion was made by Tim Hess and seconded by Damon Rasnick to ‘approve the minutes as presented.

137 Highland Drive / P.O. Box 386 Lebanon, VA 24266 Phone 276-833-5403 Email [email protected] www.cprwma.com

®

Cumberland Plateau Regional Waste Management Authority Monthly Board Meeting Minutes duly 21, 2022 Page 2

ADMINISTRATIVE BUSINESS

WASTE STREAM REPORTS - June 2022: Toby Edwards reviewed the waste stream reports. Overall, there was a slight increase, but this report does not reflect the debris from the Buchanan County flooding. The concrete work was completed at Dickenson County Transfer station,

‘TREASURER’S REPORT ~ June 2022: Tim Hess presented the CPRWMA Treasurer’s Report, reporting the total cash balance was $256,654.01 at the

end of June. The budget was exceed by around $4,000 due to cost of concrete at Dickenson County. A motion to approve the report as presented was made by Ron Peters and seconded by Damon Rasnick. Motion was ratified, voting as follows:

Damon Rasnick - Aye Carl Rhea ~ Aye Tim Hess- Aye Tim Lovelace - Aye Ron Peters ~ Aye Jeff Cooper - Aye CPRWMA ATTORNEY’S REPORT: June and July attorney’s report will be

presented at the August Meeting.

LITTER AND RECYCLING REPORT: Toby attended the Keep Buchanan County Beautiful meeting last week and more details will be forthcoming. He wanted to reiterate that he was available to all three counties to provide help to all the litter officers.

STRAW POLL: The Buchanan County Transfer Station loading scale was flooded due to the excessive amount of rain during the recent flooding. Central Scale quoted the cost to repair of $18,955.80, however the insurance deductible was $25,000, Due to the large amount of debris from flooding, it is necessary to get the scale operable as. soon as possible. Therefore, a straw poll was done to allow repair as soon as poosible. A motion was made by Ron Peters and seconded by Tim Hess to ratify the straw poll authorizing Toby Edwards to work with Central Scale to get the scales back in service. Motion was ratified, voting as follows:

Damon Rasnick - Aye Carl Rhea - Aye

‘Tim Hess- Aye Tim Lovelace - Aye

Ron Peters ~ Aye Jeff Cooper — Aye NEW BUSINESS

‘Toby Edwards stated that Buchanan County needs wall repair at an estimated cost of $2,604 and the gate needs repair at Dickenson County. He contacted three contractors for a bid on the gate, but only 1 replied. C&A Fencing stated that they could do the repairs for $14,500.00. A motion was made by Damon Rasnick and seconded by Tim Lovelace to make both repairs. Motion was ratified, voting as follows: Damon Rasnick - Aye Carl Rhea - Aye Tim Hess- Aye Tim Lovelace — Aye

Cumberland Plateau Regional Waste Management Authority Monthly Board Meeting Minutes July 21, 2022 Page 3

Ron Peters - Aye Jeff Cooper - Aye

CORRESPONDENCE/PUBLIC COMMENT Buchanan, Dickenson, and Russell counties DEQ inspection reports are included in the packets. There were no deficiencies,

GUEST

Austin Bradley, Superintendent for the Breaks Interstate Park welcomed everyone and gave a brief history of the park.

Damon Rasnick was recognized for his service to the Board and was presented a plaque noting his 30% Anniversary on the Cumberland Plateau Regional Waste Management Authority Board. He has been with the board since its inception.

ADJOURNMENT AND NEXT MEETING

A motion was made by Damon Rasnick and seconded by Tim Lovelace to have a cookout at the next meeting on Thursday, August 18, 2022, at 5:30 PM at the Keen Mountain Park. Motion was ratified, voting as follows:

Damon Rasnick - Aye Carl Rhea - Aye Tim Hess- Aye ‘Tim Lovelace ~ Aye Ron Peters - Aye Jeff Cooper - Aye

A motion was made by Ron Peters and seconded by Damon Rasnick to adjourn the meeting at 6:33 PM.

Secretary/Treasurer Date

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Cash Flow Statement

July 2022 Cash Balance - June 30, 2022 256,654.01 Cash Received - Tipping Fees: Buchanan (Jun) 68,586.04 Dickenson (Jun) 56,192.51 Russell (Jun) 72,931.31 197,709.86 Cash Expenditures Cash Expenditures - July 2022 (244,094.98) 210,268.89

Cash Balance - July 31, 2022

13

Fund Balances:

Capital Equip Replacement Fund 165,510.00 DEQC/D 25,022.46 25,022.46

14

[Total in Bank

400,802.35

Cumberland Plateau Regional Check Regleter

For the Poriod From Jul 1, 2022 to Jul 31, 2022 Filter Ctra Includes: Report order Is by Chack Number.

Choke Pe Trourt Steck na patio FsaTReopire, es 826.8¢- Tabs avvenibentat

71822 Caterpillar Financial Services Comp 6,708.18 Note Payment 76722 TAG Resources, LLC 1257.26 Employeo 401k 719122 TAG Resources, LLC 257.26 Employea 40tk ‘7W22 Cox Securty Services 328.01 BCIDCIRC Secutty $107.07 each 7/1122 Virginia Dept of the Treasury ‘550.00 Ineurance/Publc Offical 2022-23, 722 VACORP 13,603,00 Ins (Workers Comp) $1148, Ing (Prop/AuloLlab) $12,547 7121122 Dominion Offica Products, nc. 2.99 Oca Supplies 7124722 Dickenson Co Public Service Authorly 44.26 DC Ubilly 712 Free Service Tre 11,030.00 RE Equip Maint 7a Buchanan County PSA 60,60 BC Uilly 7212 Appalachian Power Company 200.11 BC Elecite awe2 — Sonnys 24,46 BC Fuel ‘71222 Mansfield Ol! Company £65.05 Vehicle Fuol ‘7awa2 Crystal Springs 60.17 RC Supplies ‘21122 WM Corporate Services, Inc. (64,768,08 BC Tipping/ttaut ‘T2122 WM Corporate Services, ne. ‘38,085.51 DC Tipping/Haul ‘7ie\ma2 WM Corporate Services, Inc, 662,383.11 RC Tipping/Haul yein2 —Vold ‘ava Card Services Centor 41,088.32 Board Moeting (Peking) $203.60 BO/DCIRC Sta Maint (Wal-Mart) $204.02 19886 ‘724122 Honaker Solulons, LLC 1840.00 Accounting Juve 19857 ‘721722 Industrial Development Authority 200,00 Office Rent Aug/22 19888 7124/22 First Bank & Trust 41,900,76 Bank Payment 19880 712122 Pest Control Plus, ine. ‘120.00 BCIOGIRC Pest $40 each 19860 7124722 Northem Too! & Equipment 305.98 BC/DC Supplios $131.79 each RC Supplies $131.80 19861 712122 Unifest Corporation 490.72 Uniforms 13802 7/2422 sndustuial Wather & Chemicale 4,908.80 RC Sta Maint 19869 7i2ifa2 BCA Industtes "78.00 BC Sta Maint 19864 7/2422 Randy Partin Construction, Inc. 4,275.00 DC Sta Maint 19865 ese 3f Machinery Company, Inc “242,14 BC Equip Maint 19868 7124722 Boslic Sealing & Stiping 19,605.00 BC Sta Maint $4075 DC Sta Maint $2865 RC Sta Malnt $8875 13867 7rafe2 Justice Lew Office 1886,00 Legal Jurv22 149868, 71242 Innovative Technology Solutions 3208.76 IT Support 13860 72122 Mansfield OR Company 100.82 Vehicle Fuel 13870 7121122 NXTGan Moblie Welding Services, LLC 2,018.88 RC Sta Malnt 1871 712422 Point Broadband 162.63 RC Phone 13872 avez Void 19873, 722 Verizon 63.68 BC Phone 13874 7121122 Appalachian Powar Company 344.94 DC Eldctde 19875 eva 19878 7aMa2 ne. 780.00 RC St4 Maint 1987 rasa ry Company, Inc. 3,748.00 RC Eqhip Malnt 13878 7/2422 Appalachian Power Company 174,95 RC Elect 19870 712422 Verizon 37.80 RG Prione 19880 712422 Point Brosdband 105.48 Office Phone 13681 72422 Polnt Broadband 19882 712722 Damon Resnick 85.58 Mootiy Travel 8.18.22 713122 United States Treasury 1,629.50 Fed withholding 8.25.22 7181722 VA Dept of Taxation ‘908.98 State Withholding Par22 © -7@2_—Ronald E, Polere 404.70 Direlors Compancation PRIV22 7/22 Damon Rasnick 104.70 Dirator’s Compensation PRriz2 = 7H@2 Tim Lovelace 184.70 Divetor’s Compensation pRri22 722 ~—CarlRhea 186.70 Dirtor’s Componation PR7122 —7/8/22_—_Timolhy W. Hess 484.70 Direlors Compensation PR71522 7/15/22. Toby F. Edwards 2,818.00 Toby’s Salary tat hall PRI2022 © 772022 Toby F. Edwards Total 244,094.98”

5 nc

‘CUMBERLAND PLATEAU REGIONAL WASTE MANAGEMENT AUTHORITY

FY 2022-28 - OPERATING BUDGET & EXPENSE REPORT

Copendiures SEED Ti. 7/34/2023 “Buitsh

[Direct Expensest [Transport/Oispasel 165,257.60, 7,500 900:00 fire Recycing 0,000.00 HAW Event : 12,000.00 [other Retmbursed Expenses ~

165,237.60 ~4522,500.00 Overhead Expenses: [Debt Service - Londers 6798.55 migi7a2| on [other Oisposal : 2,000.00] 0% tities: = Buchanan ETS 000.00 | sx] Diekenson 380.19 5,000.00] Russell 17495, 6,000.00 | 3x] [Supplies 5 ‘Buchsnan FETED 7300.00] sx ‘iekenson 3179 2,500.00 | 5x| Aussell $01.97 2500.00 7 evel: : ‘Buchanan, 2s 3000.00] — ox Dickenson : 5,500.00 | —on| Russell : 2,000.00 | ox| Telephon Buchanan, FOE Zao | on Dickenson 208.84 3,980.69 | 116 Russel 327.90 2,840.70 | 124| [station Malntenance/Improvementst ‘Buchanan aaa7 ae 30,006.00 | a5H ‘Dickenson 746482 30,000.00 259 Russell 2317.29) 30,000.00 | 76x] ltoader/equip Maintenance: Buchanan ELTECY 6000.00 | 28 [ifenagerant breakdown, ‘iekenson 5 36,000.00 | om [roby Heat 3534] Russell 3,746.00 36,006.00 | 230] [roby Salary 6432.25] Frranster Station Permits and Monagements 402, cost/Contrtbution 51459) [station Permits oi 24,000.00 |" on| fraxes 4a) 'VACO Insurance. 74,203.00, 20,000.00 | 73x] sa [Management & Fringe 7,363.70) 90,000.00 21 Finance Manager 840.00 9,000.00 | =x 79637) Legal 385.00 72,000.00 | — 7 rectors Compe aves frsupson 3708.75 7,900.00 | —a7x| lay 700) [office Renta/iaternet/Cel/OMce Suppiies 450.46 5,000.00 | — 9x| froxes 765} [Breactars comp & PRTaX 107650 76,306.00 | 10765} [Prafesstonal Fees (aval) a 7,300.00 | 0% ie breakdown lwecting Expense 20586 3,900.00 74] Prone/int T0585 Travel 85.55, 4,000.00 | ox Rent 200.00 Supplies : 000,00 | ox Postage [Bues/censes o "400.00 | on lottice sup 152299] vehicle expense S77 500.00 | — in| Jaank charge [uniform Rentals 490.72 4,000.00 | 12%] asad] jAdvering “2,000.00 | 08] [Projects Tire Shear TOOT: Ed EE) [Reserves/equip? emergency Fund Ton] ‘GVERNEAD SUBTOTAL To [TOTAL ENPENSES, 5 ‘**ovarhead Rate per County: z

EQUIPMENT LOAN AGREEMENT

This EQUIPMENT LOAN AGREEMENT (the “Loan” or the “Agreement”), is made this 22nd day of July, 2022 (the “Effective Date"), by and between Eco-Safe Systems, LLC, with offices at 385 Harr Ln., Blountville, TN 37617 (hereinafter “WM") and Cumberland Plateau Regional Waste Authority, with offices at 135 Highland Drive Suite C, Lebanon, VA 24266 (hereinafter “CPRWMA"). WM and the CPRWMA shall each be referred to as a “Party” and collectively as the “Parties”.

WHEREAS, WM hereby lends to CPRWMA, and CPRWMA hereby borrows from WM certain open top boxes for the collection of storm debris and other non-hazardous waste materials for transport to the Buchanan County Transfer Station (hereinafter the “Project’), subject to the terms and conditions of this Agreement;

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, WM and CPRWMA agree to the following terms and conditions:

  1. EQUIPMENT. 1.1. WMis the owner of certain six (8) 30-yard open top boxes, as specified on Schedule A, attached hereto and incorporated herein by reference (the "Equipment. All title and rights to ownership of the Equipment furnished by WM shall remain with WM; however, CPRWMA shall have care, possession and control of said Equipment during the Term of this Agreement and under the terms

set forth herein,

1.2. The Equipment shall be picked up from WM and transported to the desired location at the sole cost and coordination of CPRWMA. CPRWMA shall communicate reasonably in advance and mutually coordinate a date and time with WM to pickup the Equipment during normal business hours of the facility, currently 8:00 a.m. to 5:00 p.m., Monday through Friday.

  1. LOAN TERM. 2.1, The loan period for this Agreement shall begin upon the date of pickup of the Equipment by the Borrower and end at the conclusion of the Project or for no longer than sixty (60) days after pickup, whichever occurs first (the ‘Term’, unless terminated in accordance with the provisions hereof.

‘The Term of this Agreement, however, may be extended by mutual written consent of the Parties.

  1. USE OF EQUIPMENT.

3.1. CPRWMA agrees to use the Equipment for the Project as set forth above, and if used otherwise, WM has the right to enter the premises where the Equipment is located and remove same.

3.2. WM MAKES NO WARRANTY FOR THE EQUIPMENT LOANED BY WM UNDER THIS AGREEMENT TO CPRWMA NOR CPRWMA’S CUSTOMERS, DIRECT OR INDIRECT. THE EQUIPMENT SHALL BE ON LOAN “AS IS” and “WHERE IS", WM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

3.3. WM does not assume or authorize any other person to assume on behalf of WM, any liability in connection with the loan of the Equipment or use of the Equipment once CPRWMA assumes physical control. CPRWMA has had the opportunity to inspect thé Equipment or to have it inspected and CPRWMA has accepted the Equipment in its existing condition.

3.4, WM shall remove, deface and strike-out all markings on the Equipment which bear any of WM’s tradename, trademark, logo or other identifying mark.

4, LIABILITY OF CPRWMA,

4.1. CPRWMA shall bear the entire risk of any loss, theft, damage to, or destruction of the Equipment from any cause whatsoever during the Term of this Agreement until such time as CPRWMA. delivers physical possession of the Equipment back to WM.

4.2, CPRWMA agrees to maintain sald Equipment in the same condition as when it took possession, ordinary wear and tear excepted, up until such time as CPRWMA returns the Equipment to WM and WM accepts the Equipment,

4.3. CPRWMA agrees to indemnify, protect, save and hold harmless WM from and against all losses, damages, injuries, claims, demands and expenses of whatsoever nature arising out of the condition, use, operation, storage and transport of the Equipment during the time that the Equipment is in the possession of CPRWMA; any affliate, agent or subcontractor of CPRWMA; ‘or any warehouse, transportation company or other third party in possession of the Equipment during the term of this Agreement, CPRWMA further agrees to indemnify and hold WM harmless from and against all costs, expense, damages and liability, including reasonable attorneys’ fees, incurred by or asserted against WM in connection with claims for personal injury and property damage arising out of CPRWMA’S use of the Equipment while in CPRWMA’S possession and control.

  1. RETURN OF EQUIPMENT, 5.1. Upon expiration of the Project or termination of the Term In this Agreement, possession of the Equipment will reinvest in WM, The Equipment shall be returned in the same condition it was in

at the inception of this Agreement, ordinary wear and tear excepted.

5.2. CPRWMA shall be responsible for physical delivery of the Equipment to the WM location that is agreed by WM and CPRWMA shall pay all freight and other removal or transportation charges associated with the return of the Equipment to WM. CPRWMA shall communicate reasonably in advance and mutually coordinate a date and time with WM to return the Equipment during normal business hours of the facility, currently 8:00 a.m. to 5:00 p.m., Monday through Friday.

6, LIMITATION OF LIABILITY.

6.1, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOST REVENUE, PROFITS, LOSS OF USE, OR LOSS OF DATA), PUNITIVE, INCIDENTAL OR OTHER DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY (WHETHER FOR BREACH OR IN TORT, INCLUDING NEGLIGENCE) ARISING FROM, RELATED TO, OR CONNECTED WITH THE PERFORMANCE OR BREACH OF THIS AGREEMENT.

6.2, WM’S TOTAL LIABILITY TO CPRWMA FOR ALL CLAIMS, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND WHATSOEVER ARISING OUT OF, RESULTING FROM OR RELATED TO THE PERFORMANCE OR BREACH OF THIS AGREEMENT SHALL NOT EXCEED THE VALUE OF THE EQUIPMENT AS STATED IN SCHEDULE A.

6.3, NEITHER PARTY SHALL BE RESPONSIBLE FOR PERSONAL INJURY OR PROPERTY DAMAGE, EXCLUDING TO THE EQUIPMENT, INCURRED (“DAMAGES”) BY THE OTHER PARTY OR ITS EMPLOYEES (INJURED PARTY") EXCEPT TO THE EXTENT SUCH DAMAGES TO THE INJURED PARTY RESULT FROM THE OTHER PARTY’S GROSS NEGLIGENCE OR THE GROSS NEGLIGENCE OF ITS EMPLOYEES OR OTHERS FOR WHOM THAT PARTY IS LEGALLY RESPONSIBLE.

  1. CONFIDENTIALITY.

7.1. Except as required by law, neither Party shall grant access to or disclose to third parties the

existence of this Agreement or any of the terms or conditions of this Agreement, without the non- disclosing party’s prior written approval.

  1. MISCELANEOUS, 8.1, Each Party shall comply with all federal, state, and municipal laws, rules and regulations, which are applicable to the performance of this Agreement.

8.2. No delay or omission to exercise any right or remedy of a Party hereunder shall impair any such right or remedy nor shall it be construed to be a waiver of any breach or default of a Party. Any waiver or consent by a Party under this Agreement must be in writing specifically set forth,

8.3. This Agreement completely states the right of the Parties with respect to the Equipment and supersedes all prior agreements with respect thereto. No modification of this Agreement shall be binding unless such modification shall be in writing and signed by both Parties,

8.4, This Agreement may be evidenced by one or more counterparts each of which shall be deemed an original with full binding force and effect. Facsimile or electronic signatures shall constitute original signatures for all purposes,

8.5, All notices given under this Agreement will be in writing and will be effective upon receipt evidenced by: (a) personal delivery; (b) retum receipt of postage prepaid registered or certified mail; or (0) delivery confirmation by commercial overnight carrier, All communications will be sent to the addresses set forth in the preamble of this Agreement or to such other address designated by a Party by written notice to the other Party in accordance with this section,

8.6. Paragraph headings are for convenience only and in no way shall alter or affect the meaning of this Agreement.

8.7. The prevailing party will be entitled to recover reasonable fees and court costs, including attorneys’ fees, in interpreting or enforcing this Agreement.

8.8. Time is of material importance with respect to all the terms and conditions contained herein,

8.9. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable laws ‘or regulations of any jurisdiction, such provisions shall be inapplicable and deemed omitted, but shall not invalidate the remaining provisions hereof,

8.10. All obligations of CPRWMA under this Agreement shall survive the expiration or termination of this, ‘Agreement to the extent required for their full observance and performance,

8,11, The Parties hereto shall be independent contractors, Neither Party shall be an agent of the other Party, shall hold itself out as an agent of the other Party nor shall either Party have the authority to bind the other Party through its actions,

8.12, The validity, interpretation, performance of this Agreement and the relationship of the Parties hereunder will be interpreted under and governed by the laws of the State of Tennessee, U.S.A., without regard to any laws concerning conflicts of laws which would result in the application of the Jaws of any other jurisdiction.

8.13. This Agreement may not be transferred or assigned, either voluntarily or by operation of law, by either Party without the prior written consent of the other Party, except that WM may assign this ‘Agreement to an affiliate or subsidiary of WM without first obtaining such consent, Any other attempted transfer or assignment will be vold and will serve to automatically terminate the ‘Agreement created hereunder,

The persons executing this Equipment Loan Agreement on behalf of their respective entities hereby represent and warrant they have the right, power, legal capacity, and appropriate authority to enter into this Equipment Loan Agreement on behalf of the entity for which they sign.

Eco-Safe Systems, LLC Cumberland Plateau Regional Waste Authority

By: Name:,

Title:

IT LOAN At

Description of Equipment Quantity ‘Agreed Replacement Value

30-yard open top boxes for use in tha 6 $7,500 each = $8,000 total collection and transportation of waste

[email protected]

From: Tim Lovelace [email protected] Sent: Friday, July 22, 2022 8:48 PM

To: Toby Edwards

Subject: Re: 30 yd containers for Whitewood flood

I vote yes.

Thanks,

Tim

Sent from my iPhone

‘On Jul 22, 2022, at 8:43 PM, Toby Edwards [email protected] wrote:

Dear CPRWMA Board of Directors,

At the request of Buchanan Co | reached out to our landfill for assistance with the Whitewood flood. As you might expect they have tons of debris that’s needing cleaned up. | asked Justin Rodda if they could loan us roll off containers for Buchanan Co to place flood debris in. Justin was able to loan 6 containers which Buchanan Co is having brought over.

Per a large company, Waste Management has requested the Authority to sign a use agreement at no cost to us or Buchanan. Basically having the Authority keep oversight of the containers and that they aren’t destroyed while being used. | have asked Danny Davis and Ben Looney to take pictures when the containers arrive at the Buchanan Co transfer station. Our proof of thier condition.

Rebecca has reviewed the agreement and feels comfortable with me signing the agreement. Ineed a straw poll to authorize me to sign the agreement on behalf of the Authority, I’m glad our landfills able to help Buchanan Co in this time of need.

Please reply only to me with a Yea or Nay.

Sincerely,

Toby F. Edwards, MsED

Executive Director

Cumberland Plateau Regional Waste Authority

4135 Highland Drive Suite C

Lebanon, VA 24265,

Office 276-883-5403

Mobile 276-698-941

www.chrwma.com

Sent from my Verizon, Samsung Galaxy smartphone

[email protected]

From: [email protected]

Sent: Friday, July 22, 2022 9:21 PM

To: Toby Edwards

Subject: Re: 30 yd containers for Whitewood flood Yea

Sent from my iPhone

On Jul 22, 2022, at 8:43 PM, Toby Edwards [email protected] wrote:

Dear CPRWMA Board of Directors,

{At the request of Buchanan Co | reached out to our landfill for assistance with the Whitewood flood. As you might expect they have tons of debris that’s needing cleaned up. | asked Justin Rodda if they could

loan us roll off containers for Buchanan Co to place flood debris in. Justin was able to loan 6 containers

which Buchanan Co is having brought over.

Per a large company, Waste Management has requested the Authority to sign a use agreement at no cost to us or Buchanan. Basically having the Authority keep oversight of the containers and that they aren’t destroyed while being used, | have asked Danny Davis and Ben Looney to take pictures when the containers arrive at the Buchanan Co transfer station. Our proof of thier condition.

Rebecca has reviewed the agreement and feels comfortable with me signing the agreement. Ineed a straw poll to authorize me to sign the agreement on behalf of the Authority.

{'m glad our landfill is able to help Buchanan Co in this time of need.

Please reply only to me with a Yea or Nay.

Sincerely,

Toby F. Edwards, MsED Executive Director

Cumberland Plateau Regional Waste Authority 135 Highland Drive Suite C

Lebanon, VA 24266

Office 276-883-5403,

‘Mobile 276-698-941

www.cprma.com

Sent from my Verizon, Samsung Galaxy smartphone

[email protected]

Fro

hess [email protected]

Sent: Friday, July 22, 2022 9:28 PM

To: Toby Edwards

Subject: Re: 30 yd containers for Whitewood flood Yea

From: Toby Edwards [email protected] Sent: Friday, July 22, 2022 8:43 PM

To: Carl Rhea [email protected]; [email protected] [email protected]; Tim Hess [email protected]; Tim Lovelace <tlovelace @russell,k12.va.us>; [email protected] <jscooper @dgoc.com>; Damon Rasnick [email protected]

Ce: R Thornbury [email protected]

Subject: 30 yd containers for Whitewood flood

Dear CPRWMA Board of Directors,

At the request of Buchanan Co | reached out to our landfill for assistance with the Whitewood flood. As you might ‘expect they have tons of debris that’s needing cleaned up. | asked Justin Rodda if they could loan us roll off containers for Buchanan Co to place flood debris in. Justin was able to loan 6 containers which Buchanan Co is having brought over.

Per a large company, Waste Management has requested the Authority to sign a use agreement at no cost to us or Buchanan. Basically having the Authority keep oversight of the containers and that they aren’t destroyed while being used. | have asked Danny Davis and Ben Looney to take pictures when the containers arrive at the Buchanan Co transfer station. Our proof of thier condition.

Rebecca has reviewed the agreement and feels comfortable with me signing the agreement. Ineed a straw poll to authorize me to sign the agreement on behalf of the Authority,

I’m glad our landfills able to help Buchanan Co in this time of need.

Please reply only to me with a Yea or Nay.

Sincerely,

Toby F. Edwards, MsED Executive Director

Cumberland Piateau Regional Waste Authority 135 Highland Drive Suite C

Lebanon, VA 24266

Office 276-883-5403

Mobile 276-698-941

wwniv.eprwma.com

Sent from my Verizon, Samsung Galaxy smartphone

[email protected]

From: Damon Rasnick <drasnick51@hotm: Sent: Friday, July 22, 2022 9:59 PM

To: Toby Edwards

Subject: Re: 30 yd containers for Whitewood flood Yea,

Do all within your authority to help these folks. From: Toby Edwards [email protected] Sent: Friday, July 22, 2022 8:43 PM

To: Carl Rhea [email protected]; [email protected] [email protected]; Tim Hess [email protected]; Tim Lovelace <tlovelace @russell.k12.va.us>; [email protected] [email protected]; Damon Rasnick [email protected]

Cc: R Thornbury [email protected]

Subject: 30 yd containers for Whitewood flood

Dear CPRWMA Board of Directors,

At the request of Buchanan Co | reached out to our landfill for assistance with the Whitewood flood. As you might expect they have tons of debris that’s needing cleaned up. | asked Justin Rodda if they could loan us roll off containers for Buchanan Co to place flood debris in. Justin was able to loan 6 containers which Buchanan Co Is having brought over.

Per a large company, Waste Management has requested the Authority to sign a use agreement at no cost to us or Buchanan. Basically having the Authority keep oversight of the containers and that they aren’t destroyed while being used. | have asked Danny Davis and Ben Looney to take pictures when the containers arrive at the Buchanan Co transfer station, Our proof of thier condition.

Rebecca has reviewed the agreement and feels comfortable with me signing the agreement. I need a straw poll to authorize me to sign the agreement on behalf of the Authority.

{'m glad our landfill is able to help Buchanan Co in this time of need,

Please reply only to me with a Yea or Nay.

Sincerely,

Toby F. Edwards, MsED Executive Director

Cumberland Plateau Regional Waste Authority 4135 Highland Drive Suite C

Lebanon, VA 24266

Office 276-883-5403

Mobile 276-698-941

www.cprwma.com

Sent from my Verizon, Samsung Galaxy smartphone

[email protected]

From: Carl Rhea [email protected] Sent: Friday, July 22, 2022 10:09 PM

To: Toby Edwards

Subject: Re: 30 yd containers for Whitewood flood Yes

On Fri, Jul 22, 2022, 8:43 PM Toby Edwards [email protected] wrote: Dear CPRWMA Board of Directors,

At the request of Buchanan Co | reached out to our landfill for assistance with the Whitewood flood. As you might ‘expect they have tons of debris that’s needing cleaned up. | asked Justin Rodda if they could loan us roll off containers for Buchanan Co to place flood debris in, Justin was able to loan 6 containers which Buchanan Co is having brought over,

Pera large company, Waste Management has requested the Authority to sign a use agreement at no cost to us or Buchanan. Basically having the Authority keep oversight of the containers and that they aren’t destroyed while being used. I have asked Danny Davis and Ben Looney to take pictures when the containers arrive at the Buchanan Co transfer station. Our proof of thier condition.

Rebecca has reviewed the agreement and feels comfortable with me signing the agreement. Ineed a straw poll to authorize me to sign the agreement on behalf of the Authority.

I’m glad our landfillis able to help Buchanan Co in this time of need.

Please reply only to me with a Yea or Nay.

Sincerely,

Toby F. Edwards, MsED Executive Director

Cumberland Plateau Regional Waste Authority 1135 Highland Drive Suite C

Lebanon, VA 24266

Office 276-883-5403

‘Mobile 276-698 941

Sent from my Verizon, Samsung Galaxy smartphone

[email protected]

From: Jeff Cooper [email protected] Sent: Friday, July 22, 2022 10:20 PM

To: Toby Edwards

Subject: Re: 30 yd containers for Whitewood flood Yeah

Sent from my iPhone

On Jul 22, 2022, at 10:02 PM, Toby Edwards [email protected] wrote:

Toby F. Edwards, MsED Executive Director

Cumberland Plateau Regional Waste Authority 435 Highland Drive Suite C

Lebanon, VA 24266

Office 276-883-5403

Mobile 276-698-941

www.cprwma.com

Sent from my Verizon, Samsung Galaxy smartphone

riginal message -—— From: Toby Edwards [email protected]

Date: 7/22/22 8:43 PM (GMT-05:00)

To: Carl Rhea [email protected], [email protected], Tim Hess [email protected], Tim Lovelace [email protected], [email protected], Damon Rasnick [email protected]

Cc: R Thornbury [email protected]

Subject: 30 yd containers for Whitewood flood

Dear CPRWMA Board of Directors,

At the request of Buchanan Co | reached out to our landfill for assistance with the Whitewood flood. As you might expect they have tons of debris that’s needing cleaned up. | asked Justin Rodda if they could loan us roll off containers for Buchanan Co to place flood debris in. Justin was able to loan 6 containers which Buchanan Co is having brought over.

Per a large company, Waste Management has requested the Authority to sign a use agreement at no cost to us or Buchanan. Basically having the Authority keep oversight of the containers and that they aren’t destroyed while being used. | have asked Danny Davis and Ben Looney to take pictures when the containers arrive at the Buchanan Co transfer station. Our proof of thier condition.

1

Russell County Litter

Dept.

137 Highland Dr. Ste A ‘Lebanon, VA 24266 James Brooks, RC Litter Officer

Address Property Owner Date Status Comments

‘Walnut Hills/Memorial Dr Gene Couch 3/31/2022 Observed EPA Warning

166 Dante Rd. 3/31/2022 Observed Unfounded

1246 Buffalo Rd Raymond Harold Shortridge 3/31/2022 Observed Dump on right of way, camera set camera pulled, no further activity

468 Simmons Town Rd Loraine Byrd 3/31/2022 Summons

Raven Issued

107 Love road Lebanon —_Lisa Huffman 3/29/2022 Summons

Issued

75 Grand Haven Drive Christy Honaker 4/2022 Cert.ltr.sent 6/21/2022 Checked area in violation ‘7-30-2022 Certified Letter

84 Hill Top Rd Dante 4/15/2022 Hand ‘spoke with brother, partially cleaned

Delivered Ltr

‘7-18-2022: Hand delivered letter ***8.30-2022: Rechecked, more progress

Russell County Litter Dept.

337 Highland Dr. Ste A Lebanon, VA 24266

James Brooks, RC Litter

Officer

Address Property Owner Date Status

151 Straight Hollow Road Mae Baker 8/15/2022 . sent

Dante

278 Sugar Run road Michael or Ann Mitchell 5/13/2022 Complied

331 Sugar Run Road Timothy or Velma Martin 5/13/2022 Copy of Code Left

Appliance repair Business 5/14/2022 Complied

Dante Road

Cleveland Burrell Ray’s Property 6/3/2022 Complied

2094 Pioneer Drive Sherman Statzer 6/15/2022 Cert. Itr. sent

79 Ratliff Lane Belfast (vacant lot) 6/20/2022 Cert. Itr. sent

Comments

Certified Letter sent to Property owner.

*#*8-26-2022: Complied

No contact made

7-26-2022: complied ***Cert, letter not accepted

***Cert. letter not accepted

Russell County Litter Dept.

197 Highland Dr. Ste A

Status

Lebanon, VA 24266

James Brooks, RC Litter

Officer

Address Property Owner Date

360 Carbo Road Cleveland area~Curtis Salyers 6/21/2022 Big A Mountain. Tires dumped on strip job 6/21/2022 Cedar Creek Lebanon (trash behind camper) 6/21/2022 Brick House Mew Rd Castlewood 6/22/2022 Vacant

292 Upper Bear Wallow Dante 6/22/2022 Rd.

Rt. 65 beside John Puckett’ Castlewood 6/22/2022

s Home

~ Complied

Observed Hand Delivered Ltr Complied

Complied

Observed

Comments

(Complainant of subjects throwing several garbage bags out near residence. Complainant picked up and hauled trash off. Complainant found one items with name and address. Investigating.

***7-20-2022: Suspects residence found. Moved to Ohio. Area Cleaned

Investigating *#*8-30-22: no evidence

Investigating ***7.28-2022: Copy of letter given

Investigating *#*7-28-2022: Complied

*#48-29-2022: Complied

Investigating ##7-26-2022: Not

Russell County Litter Dept.

337 Highland Dr. Ste A Lebanon, VA 24266

James Brooks, RC Litter

Officer

Address Property Owner Date

860 Clifton Farms Road Danny Keith Osborne 6/22/2022

6/7/2022

6/27/2022 1920 Big Cedar Creek Rd. Gleaver B. Carpenter heirs 6/27/2022 (253 Frosty Road Richard Or Margaret Jessee 7/5/2022 Ridge St. (Meinturff) Castlewood 7/5/2022 307 Mew Rd. Castlewood, 7/5/2022

Status

Complied

Summons Issued

Copy of Code Left

Copy of Code Left

Copy of Code Left

Copy of Code Left

Copy of Code Left

Comments

Investigating ***8-29-2022: Complied

7-28-2022: Progress ¥*#*8.30-2022: Rechecked -Worse than when first spoke with Mr. Little

***8.30-2022: Summons issued

7-26-2022: Progress

Bank owned/code left with tenant +#+Qutside of home has been cleaned. Subjects are supposedly moving. Recheck on 9-2-2022.

*** Certified Letter to be mailed

Russell County Litter Dept.

137 Highland Dr. Ste A. ‘Lebanon, VA 24266

James Brooks, RC Litter

Officer

Address Property Owner 4982 Mew Road James D. Ratliff 583 Mew Road Robert Puckett

284 Lower Bearwallow Rd. Dante

1559 Straight Hollow Rd Shane D or Elizabeth Kenyon

342 Straight Hollow Rd Christina Marie Parks

243 Red Oak Ridge Rd. Castlewood

4442 Red Oak Ridge Rd. Castlewood

(Vacant) Jeremy Juddd

4478 Red Oak Ridge Rd. Warren or Keisha Kiser (Vacant)

Date

7/18/2022

71/2022

7/11/2022

7/18/2022

7/18/2022

7/18/2022

8/15/2022

7/19/2022

Status

Complied

Complied

Complied

Complied

Complied

Observed

Cert. Ltr recpt

card recvd

Cert. Itr. sent

Comments

7/7/2022: Copy of code left 8-30-2022: Complied

*#*8-30-2022: Complied 7-13-2022: Complied

copy of letter left 8-30-2022: Complied

copy of letter left 8-30-2022: Complied

copy of letter left ‘Owner Incarcerated

Certified letter sent

Russell County Litter Dept.

137 Highland Dr. Ste A Lebanon, VA 24266 James Brooks, RC Litter Officer

Address Property Owner

20Crooked Branch Rd Jennifer Smith

32 Crooked Branch Rd. Shawn Dwayne Smith

‘Trash complaint

933 J. Frank Taylor Belfast Subdivision Rd.

584 Lower Bear Wallow Dante 607 Lower Bear Wallow Dante

Date

7/19/2022

7/19/2022

7-26-2022

7-26-2022

7-26-2022

Status

Cert. Itr. sent

Delivered Ltr

Complied

Complied

Comments

Certified Letter sent

er sent

Complaint of subjects operating trash collection business

in County. Spoke with Brian. Subjects have made plans to obtain permit. 6/23/22 Permit obtained.

7-26-2022: Letter given to occupant 8-30-2022: Progress

Roofing materials Spoke to owner

7-26-2022: Trash behind house, spoke with resident 8-30-2022; Complied

Russell County Litter Dept.

137 Highland Dr. Ste A Lebanon, VA 24266 James Brooks, RC Litter

Officer

Address Property Owner Date Burtons Ford Castlewood 8-15-2022 1663 Straight Hollow Rd. Dante 7-26-2022 17 Culbertson Lane Dickensonvil 7-26-2022 5777 Mew Rd. Castlewood 7-18-2022

Status

Observed

Complied

Complied

Complied

Comments

8-15-2022: Trash dumped on property. ‘Address and name of suspect located.

Spoke with suspect who advised she

will pick up trash. Would not admit to dumping blamed it on others, who cannot be

located. Trash will be picked up or

suspect will be charged.

7-26-2022: Trash piled beside road, Letter given to occupant

8-30-2022: Comy

ied

7-26-2022: Letter left in door. (Vacant)

8-30-2022: Complied

7-18-2022: Brush, tires, trash, letter left with owner.

8-30-2022: Complied

Russell County Litter Dept. ;

137 Highland Dr. Ste A

Lebanon, VA 24266

James Brooks, RC Litter ~

Officer >

Address Property Owner Date Status

Comments “=

John Simms Rd.

Former Finney Convenience site. (Lease has expired). TPash is being dumped at site, 2 cameras deployed on 8-15-2022. Site cleaned twice. 5 house holds told to go pick up trash from site. Chain and locked gate. Lock

cut off and chain stolen. Surveillance cameras have provided some information about other subjects dumping at the site.

Investigating those now. Gate was also torn from hinges. Gate fixed and tied back in place. Letter being certified mailed

to landowner advising of his responsibility to secure gate. Working site for another week. Gate tied back up and tied with wire.

Signs placed in two(2) places in plain sight.

Authorization - Minutes BOS.pdf
SUGGESTED MOTION(s):

Authorization - Expenditures.pdf
SUGGESTED MOTION(s):

Presentations.pdf
Meeting: 9/12/22      6:00 PM
Staff Recommendation:
Suggested Motion:

Presentations - Attorney.pdf
Meeting: 9/12/22         6:00 PM
Staff Recommendation:
Suggested Motion:

Presentations - Attorney.pdf
Meeting: 9/12/22         6:00 PM
Staff Recommendation:
Suggested Motion:

Landfill Feasibility RFQ.pdf
Landfill Development Feasibility
Technical and Environmental Consulting Services

Potesta - Proposal for Consulting Services for Landfill Feasibility Study (0103-22-0164).pdf
Standard Terms and Conditions for 2022 with Rate Sheets.pdf
1. Potesta & Associates, Inc., hereinafter referred to as POTESTA, is an Equal Opportunity Employer and is in compliance with the Drug-Free Workplace Act of 1988 and governmental requirements relating to Right-To-Know regulations.  The engineering and...
2. Services performed by POTESTA under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions.  No ...
3. Unless stated otherwise, any cost estimate presented in the attached proposal is for budgetary purposes only and is not a fixed lump-sum price.  The actual cost of POTESTA’s engineering and consulting services and all expenses may be less than that...
4. These terms are subject to and incorporate the provisions of POTESTA’s attached proposal.  In the event of any conflict, the terms of the accompanying proposal shall govern.
5. Invoices will be submitted periodically as required (but not more frequently than every two (2) weeks) unless charges for such periods are minimal, in which event an invoice will be submitted when total charges exceed $500.00, or when the work is c...
6. Client agrees to limit POTESTA’s liability to Client and to all construction contractors and subcontractors on the project due to POTESTA’s professional negligent acts, errors, or omissions, such that the total aggregate liability of POTESTA to all...
7. POTESTA shall indemnify and hold harmless the Client, its officers, directors, shareholders and employees (collectively, “Client Indemnities”), from and against those liabilities, losses, damages, and costs (including reasonable attorney’s fees whe...
Client shall indemnify and hold harmless POTESTA, its officers, directors, shareholders and employees (collectively, “Client Indemnities”), from and against those liabilities, losses, damages, and costs (including reasonable attorney’s fees where reco...
8. Time required for POTESTA personnel to travel between POTESTA’s office and the site (or other destination applicable to the project) is charged in accordance with the attached hourly rate schedule.
9. POTESTA expenses shall be charged according to the attached Field Supply and Equipment Rate Sheet.  External expenses, such as airfare, subcontracted services, etc., shall be charged at direct cost (including taxes) plus a twelve percent (12%) surc...
10. Specialized equipment purchased with Client’s approval specifically for the project will become Client’s property upon completion of the work.  The purchase price and maintenance cost of such equipment shall be charged to Client at cost plus twelv...
11. Client acknowledges that POTESTA’s reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, permit applications and other similar documents are instruments of professional service, not products.  Although owner...
12. Client recognizes that conclusions regarding the assessed condition(s) of the site do not necessarily represent a warranty that all portions of the site are of the same quality.  Specific conditions may not be observable or readily interpreted fro...
13. Client recognizes that unanticipated or changed conditions may be encountered during construction.  Client agrees to retain POTESTA to observe construction, and POTESTA agrees to assign qualified persons to observe and report on the quality of wor...
14. The responsibility of POTESTA’s field representative(s) is to make observations and conduct field tests.  This work does not include supervision or direction of the work of the contractor, his employees, or agents.  The contractor should be so adv...
15. Soil, rock, water and/or other samples obtained from the project site are the property of Client.  POTESTA will preserve such samples for no longer than ninety (90) calendar days after the issuance of any document that includes the data obtained f...
16. Unless otherwise agreed, Client or Owner will furnish right-of-entry on the land and/or facilities for POTESTA to make the planned borings and other explorations and perform necessary sampling.  POTESTA will take reasonable precautions to minimize...
17. In the execution of Client’s work, POTESTA will take reasonable precautions to avoid damage or injury to subterranean structures or utilities.  The Client and Owner agree to hold POTESTA harmless for any damages to subterranean structures or utili...
18. Client agrees to advise POTESTA about the presence of any known hazardous substances or any known condition(s) existing in, on, or near the site presenting a potential danger to human health or the environment.  If during performance of services, ...
a. If practicable, in the judgment of POTESTA, the original scope of services will be completed in accordance with the procedures originally intended in POTESTA’s proposal for services.
b. The scope of services will be modified and the estimate of charges revised to include study of the previously unforeseen conditions or occurrences, such revision to be in writing and signed by the parties and incorporated therein.
c. The services for the work in POTESTA’s proposal will be terminated, effective on the date specified in writing by POTESTA, and POTESTA shall recover any extra charges associated with the previously unforeseen conditions or occurrences, as well as a...

19. Neither the Client nor POTESTA may delegate, assign, sublet or transfer their duties or interest, as described in the Standard Terms and Conditions and accompanying proposal, without the written consent of the other party.  Unless stated otherwise...
20. In the event that a dispute should arise relating to the performance of the services to be provided under the Standard Terms and Conditions and the proposal, it is agreed that the dispute shall be mediated.  Should mediation fail and litigation re...
21. The law of the State of West Virginia will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement.  All legal proceedings shall be filed in Kanawha ...
22. POTESTA may submit to Client an opinion of the probable cost required to construct work.  POTESTA is not a construction cost estimator or construction contractor, nor should POTESTA’s rendering an opinion of probable construction costs be consider...
23. Client or POTESTA may terminate this Agreement upon fourteen (14) days’ written notice to the other for reasons included in the notice.  In the event such termination becomes necessary, the party effecting termination shall so notify the other par...
24. Client shall not be liable to POTESTA and POTESTA shall not be liable to Client for any consequential damages incurred by either due to the fault of the other, regardless of the nature of this fault, or whether it was committed by the Client or PO...
25. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between Client and POTESTA shall survive the completion of the services hereunder and the termination of...
26. POTESTA shall indicate to Client the information needed for rendering of services hereunder, and Client shall provide to POTESTA such information as is available to Client.  Client recognizes that it is not possible for POTESTA to assure the suffi...
27. This Agreement shall not create any rights or benefits to parties other than Client or POTESTA.  No third-party shall have the right to rely on POTESTA’s opinions rendered in connection with POTESTA’s services without POTESTA’s written consent and...
28. If, for any reason, any one or more of the provisions contained in this Agreement are held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision herein, and thi...
29. For engagements that we accept for other than regular clients, our normal practice is to require a retainer or security deposit in advance of our performing any significant services.  On occasion, such a deposit is required at a later time due to ...
30. POTESTA will not have any obligation to issue a report or other document, or communicate our research, analyses, or conclusions, and will not have any obligation to appear for or provide written or oral testimony or evidence at trial, deposition o...
31. CERTIFICATIONS
31.1 For purposes of this Agreement, “certification” means to state or declare a professional opinion based on the standard of performance set forth in Item 2 above.
31.2 POTESTA shall not be required to execute certificates that would (i) result in POTESTA having to certify, guarantee or warrant the existence of conditions whose existence POTESTA cannot reasonably ascertain under the existing Services; (ii) requi...
31.3 A professional’s certification in no way relieves other parties from meeting their respective requirements imposed by contract or other means, including commonly accepted industry standards and practices.  If required as a part of its Services, P...
1Field Equipment and Supply Rate Sheets for 2022.xls.pdf
Eqpt. Rental Rates
Field Supply Rates



Abortion Criminal Code Sections.pdf
Va. Code Ann. § 18.2-71
Va. Code Ann. § 18.2-71.1
Va. Code Ann. § 18.2-72
Va. Code Ann. § 18.2-73
Va. Code Ann. § 18.2-74.1
Va. Code Ann. § 18.2-74
Va. Code Ann. § 18.2-75
Va. Code Ann. § 18.2-76
Va. Code Ann. § 18.2-76.1

Reports1.pdf
Meeting: 9/12/22         6:00 PM

Presentations.pdf
Meeting: 9/12/22      6:00 PM
Staff Recommendation:
Suggested Motion:
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