MINUTES. The meeting was called to order with Prayer and Pledge of Allegiance. IN RE: CONSIDER APPROVING MINUTES FOR AUGUST 1 st AND 8 th, 2016

Transcription

1 MINUTES A regular meeting of the Buchanan County Board of Supervisors was held on Monday the 12 th day of September 2016 starting at 10: 00 o clock a.m. in the boardroom of the Buchanan County Courthouse located in Grundy, Virginia. PRESENT: J. Carroll Branham, Chairman Trey Adkins William P. Harris Harold H. Fuller Craig Stiltner G. Roger Rife Earl Scott L. Lee Moise, County Attorney Robert Craig Horn County Administrator The meeting was called to order with Prayer and Pledge of Allegiance. CONSIDER APPROVING MINUTES FOR AUGUST 1 st AND 8 th, 2016 After a general discussion by the board upon motion by Harold H. Fuller seconded by Earl Scott and with a roll call vote of seven (7) yeas, Trey Adkins, William P. Harris, G. Roger Rife, Craig Stiltner, Harold H. Fuller, Earl Scott, J. Carroll Branham and zero (0) nays, this board did hereby approve the minutes for August 1 st and 8 th, JON RIFE, GRUNDY KIWANIS CLUB REQUEST CONTRIBUTION FOR THE ANNUAL KIWANIS/BREAKS 5 K RACE Jon Rife with the Grundy Kiwanis Club requested a contribution for the Annual Kiwanis/Breaks 5K Race. Harold H. Fuller, Garden District Supervisor asked if Kiwanis Club ever receives any funding from the Millard Richardson estate. Mr. Rife stated we have spent about $60,000 on the playground in the Town of Grundy. We made a request for funding from the estate account for this, but we don t usually request any funding for the Annual 5K Race. After a general discussion by the board upon motion of Craig Stiltner seconded by Trey Adkins and with a roll call vote of seven (7) yeas, Harold H. Fuller, Craig Stiltner, Earl Scott, William P. Harris, G. Roger Rife, Trey Adkins, J. Carroll Branham and zero (0) nays, this board did hereby approve a contribution in the amount of $1, to Grundy Kiwanis Club for the Annual Kiwanis/Breaks 5 K Race from the following Park and Recreations accounts: 12017

2 South Grundy District, account number, $ North Grundy District, account number, $ Rocklick District, account number, $ Prater District, account number, $ Hurricane District, account number, $ Garden District, account number, $ Knox District, account number, $ CHRIS SPARKS, DEPUTY CONSIDER APPROVING A GRANT APPLICATION TO THE OFFICE OF JUSTICE PROGRAMS FOR THE PURCHASE OF BULLET PROOF VESTS Chris Sparks, Deputy for the Buchanan County Sheriff s Office requested approval to submit a grant application to the Office of Justice Programs for the purchase of bullet proof vests. He stated the grant has been approved in the amount of $22, with a match of $11, Currently, the bullet proof vests that they are using now are five (5) years old, he stated. This is the life of the vests. The new vests will be much lighter and all deputies will be required to wear them, stated Deputy Sparks. The sheriff s office can apply for a hardship grant, which would pay for the bullet proof vest in full, stated Deputy Sparks. Robert C. Horn, County Administrator stated the sheriff s office has funding in their budget for the matching funds if needed. After a general discussion by the board upon motion by Harold H. Fuller seconded by Earl Scott and with the following roll call vote of seven (7) yeas, Harold H. Fuller, Craig Stiltner, Earl Scott, William P. Harris, G. Roger Rife, Trey Adkins, J. Carroll Branham and zero (0) nays, this board did hereby approve a grant application to the Office of Justice Programs for the purchase of bullet proof vests providing any matching funds is in the sheriff s office budget. CHRIS SPARKS, DEPUTY CONSIDER APPROVING THE HIGHWAY SAFETY GRANT AGREEMENT FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES Chris Sparks, Deputy for the Buchanan County Sheriff s Office requested approval to apply for a Highway Safety Grant for the sheriff s office. He stated the amount of the grant was $16,500 with $10,000 of the grant going toward over-time for selective alcohol enforcement. Also, to purchase radar equipment in the amount of $5,000 for the sheriff s 12018

3 office to use while standing outside the police vehicle. There is no cost to the county for this grant. The grant match is an in-kind match with no money involved, he stated. After a general discussion by the board upon motion by William P. Harris seconded by Craig Stiltner and with the following roll call vote of five (5) yeas, Craig Stiltner, Earl Scott, William P. Harris, G. Roger Rife, Trey Adkins, J. Carroll Branham one (1) nay, Harold H. Fuller and one (1) abstention, Trey Adkins, this board did hereby approve the Highway Safety Grant Agreement from the Virginia Department of Motor Vehicles providing any matching funds is in the sheriff s office budget. BILLIE CAMPBELL, CHAIRMAN OF THE BUCHANAN COUNTY CHAMBER OF COMMERCE - DISCUSS THE MADE IN APPALACHIA INITIATIVE Billie Campbell, Chairman of the Buchanan County Chamber of Commerce stated with the declining coal numbers in the county and in the region, it might be the time to seek approval from the Virginia Legislators to be able to offer a new tax credit as an incentive to companies looking for new business locations. The Made in Appalachia investment initiative is an effort to promote the creation of living wage jobs in the counties of Buchanan, Dickenson, Lee, Russell, Scott, Wise, Tazewell and the City of Norton, he stated. It would be qualifying job sectors for the initiative include manufacturing, processing, assembling, agriculture, refining, mining, extracting, farming, commercial fishing, horticulture, viticulture, qualified film production facilities, waste treatment and pollution control property or research and development. This initiative provides three (3) opportunities for tax credits on taxes due in the Commonwealth of Virginia, stated Mr. Campbell. Credits will be given for qualifying capital investment, new living wage jobs created and sales taxes paid for goods and products purchased in the Commonwealth of Virginia, he commented. We have a rough draft of the proposal, but would like meet with the County Administrator, County Attorney and Chairman to discuss this further with the committee appointed by the chamber, stated Mr. Campbell. Hopefully, we ll have the Resolution for the board of supervisors to consider at the October meeting. After a general discussion by the board, upon motion by Harold H. Fuller seconded by Craig Stiltner and with a unanimous voice vote by the board, this board did hereby appoint the County Administrator and Chairman to attend the meeting on Monday, September 19 th at the Buchanan County Chamber Office regarding the Made in Appalachia Initiative

4 MARY SALYER - CHILDREN S READING FOUNDATION APPALACHIA, VA CONSIDER ADOPTING A PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 18 TH, 2016 AS READ WITH A CHILD WEEK Mary Salyer with the Children s Reading Foundation Appalachia, Virginia stated the foundation is a local organization in Buchanan and Tazewell Counties. She stated the organization is in 25 states in the country now and is growing. Every child should be able to read by the end of the third grade, then after third grade the child reads to learn, she stated. Ms. Salyers requested the board to adopt a Proclamation declaring the week of September 18 th, 2016 as Read with a Child Week. After a general discussion by the board, upon motion by Harold H. Fuller seconded by Craig Stiltner and with a roll call vote of seven (7) yeas, Harold H. Fuller, Craig Stiltner, William P. Harris, G. Roger Rife, Earl Scott, Trey Adkins, J. Carroll Branham, this board did hereby adopt the following Proclamation declaring the week of September 18 th, 2016 as Read with a Child Week: PROCLAMATION THE CHILDREN S READING FOUNDATION READ WITH A CHILD WEEK SEPTEMBER 18 TH, 2016 WHEREAS, the citizens of Buchanan County, Virginia stand resolutely committed to promoting literacy and early learning as the essential component for our youngest residents success in school and life; and WHEREAS, Buchanan County, Virginia has placed significant focus and provided leadership in the area of family, school and community engagement in a child s learning from birth through third grade; and WHEREAS, The Children s Reading Foundation s Read with a Child Week, a national celebration promoting daily reading with a child and early learning activities to nurture a child s development; and THEREFORE BE IT RESOLVED that the Buchanan County Board of Supervisors calls on the citizens of Buchanan County, Virginia to read with a child for 20 minutes every day; but with renewed focus during the week of September 18 th, AND BE IT FURTHER RESOLVED that this body wholeheartedly endorses The Children s Reading Foundation s Read with a Child Week, and supports our community focus on early learning programs and activities to help raise readers and prepare every child for academic success. This Proclamation was adopted on the 12 th day of September, Chairman, Buchanan County Buchanan County, Administrator Board of Supervisors Executive Director Children s Reading Foundation, Appalachia, Virginia 12020

5 MARCUS STILTNER, COAL HAUL ROAD ENGINEER - CONSIDER APPROVING BID FOR 1250 TON OF GABION STONE FOR USE DURING COAL HAUL ROAD PLAN 2016/2017 AND AUTHORIZE THE CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH CONTRACT ON BEHALF OF BUCHANAN COUNTY TO ACKNOWLEDGE ITS ACCEPTANCE OF SUCH PROPERTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY Marcus Stiltner, Coal Haul Road Engineer stated Pounding Mill Quarry Corp. was the low bid in the amount of $11.92 per ton for the 1250 Tons of gabion stone to be used during the Coal Haul Road Plan for 2016/2017. After a general discussion by the board upon motion by Harold H. Fuller seconded by William P. Harris and with the following roll call vote of seven (7) yeas, Harold H. Fuller, Trey Adkins, William P. Harris, G. Roger Rife, J. Carroll Branham, Earl Scott, Craig Stiltner and zero (0) nays, this board did hereby approve the bid from Pounding Mill Quarry Corp in the amount of $11.92 per ton for 1250 tons of gabion stone for use during Coal Haul Road Plan 2016/2017 and authorized the Chairman of the Buchanan County Board of Supervisors and County Administrator for Buchanan County, Virginia to execute such Contract on behalf of Buchanan County with the approval as to form by the County Attorney. CONTRACT THIS AGREEMENT, made and entered into this the day of, 2016, by and between Buchanan County, a Political Subdivision of the Commonwealth of Virginia, party of the first part; hereinafter sometimes referred to as County, and Pounding Mill Quarry Corp., party of the second part, hereinafter referred to as Vendor. WITNESSETH: THAT for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby agree as follows: I. The Vendor agrees to sell and the County agrees to purchase and for delivery of material for use during the upcoming Coal Road Plan as described in the Invitation to Bid made a part of this contract by incorporation by reference as Exhibit A to the Coal Road Stockpile located at, Poplar Gap Park, 1394 Park Road, Grundy, VA II. The Vendor warrants to County and to the County s successors, assigns that: 1250 Tons Gabion III. County shall pay the Vendor for providing the same or comparable to the Scope of Services as described in Exhibit A at the purchase price of: Purchase bid price is $11.92 per Ton for 1250 Tons Gabion

6 above. Payment of the purchase price shall be made within thirty (30) days of delivery of the IV. Vendor warrants and guarantees County no later than the time of payment free and clear of all liens. V. In the event that the Vendor fails to complete the performance required of it under this Agreement or in other way is in default of performance hereunder, County shall have the right to the remedies set forth at Virginia Code section , , , , , and , along with any other remedies provided by either statutory or common law that may be applicable. VI. During the performance of this Agreement, the Vendor agrees as follows: A. i. The Vendor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the vendor. The Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. The vendor, in all solicitations or advertisements for employees placed by or on behalf of the vendor, will state that such vendor is an equal opportunity employer. iii. Notices, advertisements and solicitations placed in accordance with federal law, rules or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. B. The vendor will include the provisions of the foregoing paragraphs A(i), A(ii), and A(iii) in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each subcontractor or vendor. C. During the performance of this contract, the vendor will: i. Provide a drug-free workplace for the vendor s employees; ii. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensations, possession, or use of a controlled substance or marijuana is prohibited in the Vendor s workplace and specifying the actions that will be taken against employees for violations of such prohibition; iii. State in all solicitations or advertisements for employees placed by or on behalf of the Vendor that the vendor 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. 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 vendor 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

7 D. The Contractor does not and shall not during the performance of this contract knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of E. In the event of the Vendor s noncompliance with this section of this Contract, (Section XII), this Agreement may be canceled, terminated, or suspended, in whole or in part, and the Vendor may be declared ineligible for further Agreements and such other sanctions may be imposed and remedies invoked as other wise provided by law. VII. Time is of the essence in the completion of this contract. The Vendor shall delivery the materials provided within the Scope of Services as described in Exhibit A thereto pursuant to this agreement within thirty (30) days of execution of this agreement. However, the County may extend this deadline upon a good cause showing of the Vendor. VIII. Not modification of any of the terms of this Agreement, nor any extension of the length of time allowed for the completion of performance governed by this Agreement, shall be valid without the advance written approval of the Buchanan County. IX. The Vendor shall not assign his rights or obligations under this Agreement. The Vendor represents that he does not intend to use any subcontractors to complete performance of this contract. XI. County may cancel this Agreement at any time prior to complete performance by the Vendor based upon a decision by County that such cancellation is in the best interest of County. Any such decision shall be a discretionary decision of County. XII. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. The parties agree that the Circuit Court for Buchanan County shall be the proper venue for litigation hereunder whether or not such alleged breach involves Federal law or jurisdiction and that disputes between the parties which are not settled by the parties shall be settled by the Circuit Court of Buchanan County. XIII. If any provisions of this Agreement shall be deemed by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall nevertheless remain in full force and effect. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. EXECUTED IN DUPLICATE ORIGINALS. WITNESS the following signatures and seals: BUCHANAN COUNTY By: J. Carroll Branham, Chairman of the Buchanan County Board of Supervisors 12023

8 ATTEST: Robert Craig Horn, County Administrator for Buchanan County, Virginia 000 CONSIDER APPROVING BID FOR 1500 TON OF #26 GRAVEL FOR USE DURING COAL HAUL ROAD PLAN 2016/2017 AND AUTHORIZE THE CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH CONTRACT ON BEHALF OF BUCHANAN COUNTY TO ACKNOWLEDGE ITS ACCEPTANCE OF SUCH PROPERTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY Marcus Stiltner, Coal Haul Road Engineer stated Pounding Mill Quarry Corp. was the low bid in the amount of $9.75 per ton for the 1500 Tons of #26 gravel to be used during the Coal Haul Road Plan for 2016/2017. After a general discussion by the board upon motion by Harold H. Fuller seconded by William P. Harris and with the following roll call vote of seven (7) yeas, Harold H. Fuller, G. Roger Rife, William P. Harris, Craig Stiltner, Earl Scott, Craig Stiltner, Trey Adkins and zero (0) nays, this board did hereby approve the bid from Pounding Mill Quarry Corp in the amount of $9.75 per ton for 1500 tons of number 26 gravel for use during Coal Haul Road Plan 2016/2017 and authorized the Chairman of the Buchanan County Board of Supervisors and County Administrator for Buchanan County, Virginia to execute such Contract on behalf of Buchanan County with the approval as to form by the County Attorney. CONTRACT THIS AGREEMENT, made and entered into this the day of, 2016, by and between Buchanan County, a Political Subdivision of the Commonwealth of Virginia, party of the first part; hereinafter sometimes referred to as County, and Pounding Mill Quarry Inc., party of the second part, hereinafter referred to as Vendor. WITNESSETH: THAT for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby agree as follows: The Vendor agrees to sell and the County agrees to purchase and for delivery of material for use during the upcoming Coal Road Plan as described in the Invitation to Bid made a part of this contract by incorporation by reference as Exhibit A to the Coal Road Stockpile located at, Poplar Gap Park, 1394 Park Road, Grundy, VA I. II. The Vendor warrants to County and to the County s successors, assigns that: 1500 Tons # 26 Gravel 12024

9 III. County shall pay the Vendor for providing the same or comparable to the Scope of Services as described in Exhibit A at the purchase price of: Purchase bid price is $9.75 Per Ton for 1500 Tons # 26 Gravel. above. Payment of the purchase price shall be made within thirty (30) days of delivery of the IV. Vendor warrants and guarantees County no later than the time of payment free and clear of all liens. V. In the event that the Vendor fails to complete the performance required of it under this Agreement or in other way is in default of performance hereunder, County shall have the right to the remedies set forth at Virginia Code section , , , , , and , along with any other remedies provided by either statutory or common law that may be applicable. During the performance of this Agreement, the Vendor agrees as follows: VI. A. i. The Vendor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the vendor. The Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. The vendor, in all solicitations or advertisements for employees placed by or on behalf of the vendor, will state that such vendor is an equal opportunity employer. iii. Notices, advertisements and solicitations placed in accordance with federal law, rules or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. B. The vendor will include the provisions of the foregoing paragraphs A(i), A(ii), and A(iii) in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each subcontractor or vendor. C. During the performance of this contract, the vendor will: i. Provide a drug-free workplace for the vendor s employees; ii. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensations, possession, or use of a controlled substance or marijuana is prohibited in the Vendor s workplace and specifying the actions that will be taken against employees for violations of such prohibition; iii. State in all solicitations or advertisements for employees placed by or on behalf of the Vendor that the vendor 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

10 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 vendor 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. D. The Contractor does not and shall not during the performance of this contract knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of E. In the event of the Vendor s noncompliance with this section of this Contract, (Section XII), this Agreement may be canceled, terminated, or suspended, in whole or in part, and the Vendor may be declared ineligible for further Agreements and such other sanctions may be imposed and remedies invoked as other wise provided by law. VII. Time is of the essence in the completion of this contract. The Vendor shall delivery the materials provided within the Scope of Services as described in Exhibit A thereto pursuant to this agreement within thirty (30) days of execution of this agreement. However, the County may extend this deadline upon a good cause showing of the Vendor. VIII. Not modification of any of the terms of this Agreement, nor any extension of the length of time allowed for the completion of performance governed by this Agreement, shall be valid without the advance written approval of the Buchanan County. IX. The Vendor shall not assign his rights or obligations under this Agreement. The Vendor represents that he does not intend to use any subcontractors to complete performance of this contract. XI. County may cancel this Agreement at any time prior to complete performance by the Vendor based upon a decision by County that such cancellation is in the best interest of County. Any such decision shall be a discretionary decision of County. XII. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. The parties agree that the Circuit Court for Buchanan County shall be the proper venue for litigation hereunder whether or not such alleged breach involves Federal law or jurisdiction and that disputes between the parties which are not settled by the parties shall be settled by the Circuit Court of Buchanan County. XIII. If any provisions of this Agreement shall be deemed by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall nevertheless remain in full force and effect. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. EXECUTED IN DUPLICATE ORIGINALS. WITNESS the following signatures and seals: 12026

11 BUCHANAN COUNTY ATTEST: By: J. Carroll Branham, Chairman of the Buchanan County Board of Supervisors Robert Craig Horn, County Administrator for Buchanan County, Virginia CONSIDER APPROVING BID FOR 1250 TON OF CLASS 1 RIP RAP FOR USE DURING COAL HAUL ROAD PLAN 2016/2017 AND AUTHORIZE THE CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH CONTRACT ON BEHALF OF BUCHANAN COUNTY TO ACKNOWLEDGE ITS ACCEPTANCE OF SUCH PROPERTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY Marcus Stiltner, Coal Haul Road Engineer stated Pounding Mill Quarry Corp. was the low bid in the amount of $13.55 per ton for the 1250 Tons of class 1, rip rap to be used during the Coal Haul Road Plan for 2016/2017. After a general discussion by the board upon motion by Harold H. Fuller seconded by Craig Stiltner and with the following roll call vote of seven (7) yeas, Harold H. Fuller, Trey Adkins, Craig Stiltner, William P. Harris, Earl Scott, G. Roger Rife, J. Carroll Branham and zero (0) nays, this board did hereby approve the bid from Pounding Mill Quarry Corp in the amount of $13.55 per ton for 1250 tons of Class 1 Rip Rap for use during Coal Haul Road Plan 2016/2017 and authorized the Chairman of the Buchanan County Board of Supervisors and County Administrator for Buchanan County, Virginia to execute such Contract on behalf of Buchanan County with the approval as to form by the County Attorney. CONTRACT THIS AGREEMENT, made and entered into this the day of, 2016, by and between Buchanan County, a Political Subdivision of the Commonwealth of Virginia, party of the first part; hereinafter sometimes referred to as County, and Pounding Mill Quarry Inc., party of the second part, hereinafter referred to as Vendor. WITNESSETH: THAT for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby agree as follows: The Vendor agrees to sell and the County agrees to purchase and for delivery of material for use during the upcoming Coal Road Plan as described in the Invitation to Bid I

12 made a part of this contract by incorporation by reference as Exhibit A to the Coal Road Stockpile located at, Poplar Gap Park, 1394 Park Road, Grundy, VA II. The Vendor warrants to County and to the County s successors, assigns that: 1250 Tons Class 1 Rip Rap III. County shall pay the Vendor for providing the same or comparable to the Scope of Services as described in Exhibit A at the purchase price of: Purchase bid price is $13.55 per ton for 1250 Tons Class 1 Rip Rap. above. Payment of the purchase price shall be made within thirty (30) days of delivery of the IV. Vendor warrants and guarantees County no later than the time of payment free and clear of all liens. V. In the event that the Vendor fails to complete the performance required of it under this Agreement or in other way is in default of performance hereunder, County shall have the right to the remedies set forth at Virginia Code section , , , , , and , along with any other remedies provided by either statutory or common law that may be applicable. VI. During the performance of this Agreement, the Vendor agrees as follows: A. i. The Vendor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the vendor. The Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. The vendor, in all solicitations or advertisements for employees placed by or on behalf of the vendor, will state that such vendor is an equal opportunity employer. iii. Notices, advertisements and solicitations placed in accordance with federal law, rules or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. B. The vendor will include the provisions of the foregoing paragraphs A(i), A(ii), and A(iii) in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each subcontractor or vendor. C. During the performance of this contract, the vendor will: i. Provide a drug-free workplace for the vendor s employees; ii. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensations, possession, or use of a controlled substance or marijuana is prohibited in the Vendor s workplace and specifying the actions that will be taken against employees for violations of such prohibition; 12028

13 iii. State in all solicitations or advertisements for employees placed by or on behalf of the Vendor that the vendor 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. 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 vendor 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. D. The Contractor does not and shall not during the performance of this contract knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of E. In the event of the Vendor s noncompliance with this section of this Contract, (Section XII), this Agreement may be canceled, terminated, or suspended, in whole or in part, and the Vendor may be declared ineligible for further Agreements and such other sanctions may be imposed and remedies invoked as other wise provided by law. VII. Time is of the essence in the completion of this contract. The Vendor shall delivery the materials provided within the Scope of Services as described in Exhibit A thereto pursuant to this agreement within thirty (30) days of execution of this agreement. However, the County may extend this deadline upon a good cause showing of the Vendor. VIII. Not modification of any of the terms of this Agreement, nor any extension of the length of time allowed for the completion of performance governed by this Agreement, shall be valid without the advance written approval of the Buchanan County. IX. The Vendor shall not assign his rights or obligations under this Agreement. The Vendor represents that he does not intend to use any subcontractors to complete performance of this contract. XI. County may cancel this Agreement at any time prior to complete performance by the Vendor based upon a decision by County that such cancellation is in the best interest of County. Any such decision shall be a discretionary decision of County. XII. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. The parties agree that the Circuit Court for Buchanan County shall be the proper venue for litigation hereunder whether or not such alleged breach involves Federal law or jurisdiction and that disputes between the parties which are not settled by the parties shall be settled by the Circuit Court of Buchanan County. XIII. If any provisions of this Agreement shall be deemed by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall nevertheless remain in full 12029

14 force and effect. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. EXECUTED IN DUPLICATE ORIGINALS. WITNESS the following signatures and seals: BUCHANAN COUNTY ATTEST: By: J. Carroll Branham, Chairman of the Buchanan County Board of Supervisors Robert Craig Horn, County Administrator for Buchanan County, Virginia CONSIDER APPROVING BID FOR 250 TON OF VDOT # 1 STONE FOR USE DURING COAL HAUL ROAD PLAN 2016/2017 AND AUTHORIZE THE CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH CONTRACT ON BEHALF OF BUCHANAN COUNTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY Marcus Stiltner, Coal Haul Road Engineer stated Pounding Mill Quarry Corp. was the low bid in the amount of $11.80 per ton for the 250 Tons of VDOT #1 stone to be used during the Coal Haul Road Plan for 2016/2017. After a general discussion by the board upon motion by Harold H. Fuller seconded by Craig Stiltner and with the following roll call vote of seven (7) yeas Harold H. Fuller, Trey Adkins, Craig Stiltner, William P. Harris, Earl Scott, G. Roger Rife, J. Carroll Branham and zero (0) nays, this board did hereby approve the bid from Pounding Mill Quarry Corp in the amount of $11.80 per ton for 250 ton of VDOT # 1 stone for use during Coal Haul Road Plan 2016/2017 and authorized the Chairman of the Buchanan County Board of Supervisors and County Administrator for Buchanan County, Virginia to execute such Contract on behalf of Buchanan County with the approval as to form by the County Attorney. CONTRACT THIS AGREEMENT, made and entered into this the day of, 2016, by and between Buchanan County, a Political Subdivision of the Commonwealth of Virginia, party of the first part; hereinafter sometimes referred to as County, and Pounding Mill Quarry Inc., party of the second part, hereinafter referred to as Vendor. WITNESSETH: THAT for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby agree as follows: 12030

15 The Vendor agrees to sell and the County agrees to purchase and for delivery of material for use during the upcoming Coal Road Plan as described in the Invitation to Bid made a part of this contract by incorporation by reference as Exhibit A to the Coal Road Stockpile located at, Poplar Gap Park, 1394 Park Road, Grundy, VA I. II. The Vendor warrants to County and to the County s successors, assigns that: 250 Tons VDOT #1 Stone III. County shall pay the Vendor for providing the same or comparable to the Scope of Services as described in Exhibit A at the purchase price of: Purchase bid price is $11.80 per ton for 250 Tons VDOT #1 Stone. above. Payment of the purchase price shall be made within thirty (30) days of delivery of the IV. Vendor warrants and guarantees County no later than the time of payment free and clear of all liens. V. In the event that the Vendor fails to complete the performance required of it under this Agreement or in other way is in default of performance hereunder, County shall have the right to the remedies set forth at Virginia Code section , , , , , and , along with any other remedies provided by either statutory or common law that may be applicable. During the performance of this Agreement, the Vendor agrees as follows: VI. A. i. The Vendor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the vendor. The Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. The vendor, in all solicitations or advertisements for employees placed by or on behalf of the vendor, will state that such vendor is an equal opportunity employer. iii. Notices, advertisements and solicitations placed in accordance with federal law, rules or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. B. The vendor will include the provisions of the foregoing paragraphs A(i), A(ii), and A(iii) in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each subcontractor or vendor. C. During the performance of this contract, the vendor will: i. Provide a drug-free workplace for the vendor s employees; 12031

16 ii. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensations, possession, or use of a controlled substance or marijuana is prohibited in the Vendor s workplace and specifying the actions that will be taken against employees for violations of such prohibition; iii. State in all solicitations or advertisements for employees placed by or on behalf of the Vendor that the vendor 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. 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 vendor 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. D. The Contractor does not and shall not during the performance of this contract knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of E. In the event of the Vendor s noncompliance with this section of this Contract, (Section XII), this Agreement may be canceled, terminated, or suspended, in whole or in part, and the Vendor may be declared ineligible for further Agreements and such other sanctions may be imposed and remedies invoked as other wise provided by law. VII. Time is of the essence in the completion of this contract. The Vendor shall delivery the materials provided within the Scope of Services as described in Exhibit A thereto pursuant to this agreement within thirty (30) days of execution of this agreement. However, the County may extend this deadline upon a good cause showing of the Vendor. VIII. Not modification of any of the terms of this Agreement, nor any extension of the length of time allowed for the completion of performance governed by this Agreement, shall be valid without the advance written approval of the Buchanan County. IX. The Vendor shall not assign his rights or obligations under this Agreement. The Vendor represents that he does not intend to use any subcontractors to complete performance of this contract. XI. County may cancel this Agreement at any time prior to complete performance by the Vendor based upon a decision by County that such cancellation is in the best interest of County. Any such decision shall be a discretionary decision of County. XII. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. The parties agree that the Circuit Court for Buchanan County shall be the proper venue for litigation hereunder whether or not such alleged breach involves Federal law or jurisdiction and that disputes between the parties which are not settled by the parties shall be settled by the Circuit Court of Buchanan County

17 XIII. If any provisions of this Agreement shall be deemed by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall nevertheless remain in full force and effect. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. EXECUTED IN DUPLICATE ORIGINALS. WITNESS the following signatures and seals: BUCHANAN COUNTY ATTEST: By: J. Carroll Branham, Chairman of the Buchanan County Board of Supervisors Robert Craig Horn, County Administrator for Buchanan County, Virginia CONSIDER APPROVING AN ADDITIONAL APPROPRIATION TO THE FY 16/17 COAL HAUL ROAD PLAN IN THE AMOUNT OF $80, FOR THE SHOULDER WIDENING PROJECT ON ROUTE 680, BILL YOUNG MOUNTAIN LOCATED IN THE GARDEN MAGISTERIAL DISTRICT Marcus Stiltner, Coal Haul Road Engineer stated at last month s meeting the board approved to amend the coal haul road plan to do some additional work on Bill Young Mountain, but didn t approve to appropriate the additional funding for the project. After a general discussion by the board upon motion by Harold H. Fuller seconded by G. Roger Rife and with the following roll call vote of seven (7) yeas, Harold H. Fuller, G. Roger Rife, William P. Harris, Earl Scott, J. Carroll Branham, Trey Adkins, Craig Stiltner and zero (0) nays, this board did hereby approve an additional appropriation to the FY 16/17 Coal Haul Road Plan in the amount of $80, for the shoulder widening project on Route 680, Bill Young Mountain located in the Garden Magisterial District. CONSIDER ADVERTISING AN RFP FOR PROFESSIONAL ENGINEERING SERVICES ON THE ROUTE 83, BEND OF SLATE ROAD PROJECT, LOCATED IN THE NORTH GRUNDY MAGISTERIAL DISTRICT, A LOCALLY ADMINISTERED REVENUE SHARING PROJECT After a general discussion by the board upon motion by Harold H. Fuller seconded by Trey Adkins and with the following roll call vote of seven (7) yeas, Harold H. Fuller, G. Roger Rife, William P. Harris, Earl Scott, J. Carroll Branham, Trey Adkins, Craig Stiltner 12033

18 and zero (0) nays, this board did hereby approve to advertise an RFP for professional engineering services on the Route 83, Bend of Slate Road Project, located in the North Grundy Magisterial District, a locally administered revenue sharing project. Also, appointed J. Carroll Branham, Chairman; Marcus Stiltner, Coal Haul Road Engineer; L. Lee Moise, County Attorney and Robert C. Horn, County Administrator to a committee to review the RFP s once they ve been received. CONSIDER APPROVING THE PROGRAMMATIC PROJECT ADMINISTRATION AGREEMENT (REVENUE SHARING PROJECT) REGARDING THE ROUTE 83, BEND OF SLATE ROAD PROJECT AND AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE THE DOCUMENTS FOR THIS PROJECT After a general discussion by the board upon motion by Harold H. Fuller seconded by G. Roger Rifeand with the following roll call vote of seven (7) yeas, Harold H. Fuller, G. Roger Rife, William P. Harris, Earl Scott, J. Carroll Branham, Trey Adkins, Craig Stiltner and zero (0) nays, this board did hereby approve this board did hereby approve the Programmatic Project Administration Agreement (Revenue Sharing Project) regarding the Route 83, Bend of Slate Road Project and authorized the County Administrator to execute the documents for this project. PROGRAMMATIC PROJECT ADMINISTRATION AGREEMENT Revenue Sharing Projects THIS AGREEMENT made and executed in triplicate this day of, 20, by and between the County of Buchanan, Virginia, hereinafter referred to as the LOCALITY and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT. WHEREAS, the LOCALITY may, in accordance with of the Code of Virginia(1950), as amended (the Code), and Commonwealth Transportation Board (CTB) policy, submit application(s) for Revenue Sharing funding and may also administer projects approved for Revenue Sharing funding by the CTB; and WHEREAS, Appendix A documents the funding allocated to each Project and shall be developed and included as an attachment to this agreement. Such attachment may be amended, revised or removed or an additional Appendix A may be added as additional projects or funding is approved by the CTB and allocated to the LOCALITY to finance the Project(s)within the term of this Agreement without the need to execute an additional project administration agreement; and WHEREAS, current and future projects approved for Revenue Sharing funding by the CTB within the term of this agreement and subject to the terms and conditions specified herein shall be identified on a list which will be included as an attachment to this Agreement as Appendix B. Such attachment may be amended as additional projects are approved by the CTB and shall be signed by an authorized LOCALITY and VDOT official, without the need to execute an additional project administration agreement. If any active project with an existing agreement is incorporated herein, the original project agreement shall automatically terminate upon inclusion in this programmatic agreement of an updated Appendix A and an amended Appendix B to reflect that project; and 12034

19 WHEREAS, both parties have concurred in the LOCALITY's administration of the phase(s) of work for the respective Project(s) listed in the attachments in accordance with applicable federal, state and local laws and regulations and that the locality will certify compliance with those laws and regulations as prescribed by the Department. NOW THEREFORE, in consideration of the mutual premises contained herein, the parties hereto agree as follows: 1. This agreement shall be effective for an initial period of THREE fiscal years(each year beginning July 1 st -June 30 th )and may be extended by an addendum signed by each party for one additional term of THREE fiscal yearsunless a change in policy or thecode necessitates a change in terms and conditions before the term of this agreement shall have passed. This Agreement shall NOT extend beyond SIX fiscal years. In the event that a new agreement becomes necessary during the life of this Agreement, Appendix A and Appendix B may beincorporated within the new approved agreement upon mutual agreement by both parties. 2. The LOCALITY shall: a. Be responsible for all activities necessary to complete the noted phase(s) of each Project shown on the Appendix B andonthe respective Project s Appendix A, except for activities, decisions, and approvals which are the responsibility of the DEPARTMENT, as required by federal or state laws and regulations or as otherwise agreed to, in writing, between the parties. b. Receive individual prior written authorization from the DEPARTMENT to proceed with each project. c. Administer the Project(s) in accordance with guidelines applicable to state funded Locally Administered Projects as published by the DEPARTMENT. d. Provide certification by a LOCALITY official of compliance with applicable laws and regulations on the State Certification Form for State aid projects or in another manner as prescribed by the DEPARTMENT for each project included in Appendix B. e. Maintain accurate and complete records of each Project s development of all expenditures and make such information available for inspection or auditing by the DEPARTMENT. Records and documentation for items for which reimbursement will be requested shall be maintained for not less than three (3) years following acceptance of the final voucher on each Project. f. No more frequently than monthly, submit invoices with supporting documentation to the DEPARTMENT in the form prescribed by the DEPARTMENT. The supporting documentation shall include copies of related vendor invoices paid by the LOCALITY and also include anup-to-date Project summary and schedule tracking payment requests and adjustments. g. Reimburse the DEPARTMENT all Project expenses incurred by the DEPARTMENT if, due to action or inaction solely by the LOCALITY, the project becomes ineligible for state reimbursement,or in the event the reimbursement provisions of Section or Section of the Code, or other applicable provisions of state law or regulations require such reimbursement. h. Pay the DEPARTMENT the LOCALITY s matching funds for eligible Project expenses incurred by the DEPARTMENT in the performance of activities set forth in paragraph 3.a

20 i. Administer the Project in accordance with all applicable federal, state, and local laws and regulations.failure to fulfill these obligations may result in the forfeiture of state-aid reimbursements. DEPARTMENT and LOCALITY staffs will work together to cooperatively resolve any issues that are identified so as to avoid any forfeiture of state-aid funds. j. If legal services other than those provided by staff counsel are required in connection with condemnation proceedings associated with the acquisition of Right-of-Way, the LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of outside counsel approved by the Office of the Attorney General. Costs associated with outside counsel services shall be reimbursable expenses of the project. k. For projects on facilities not maintained by the DEPARTMENT, provide, or have others provide, maintenance of the Project upon completion, unless otherwise agreed to by the DEPARTMENT. 3. The DEPARTMENT shall: a. Perform any actions and provide any decisions and approvals which are the responsibility of the DEPARTMENT, as required by federal or state laws and regulations or as otherwise agreed to, in writing, between the parties. b. Upon receipt of the LOCALITY's invoices pursuant to paragraph 2.f, reimburse the LOCALITY the cost of eligible Project expenses, as describedin Appendix A. Such reimbursements shall be payable by thedepartment within 30 days of an acceptable submission by the LOCALITY. c. If appropriate, submit invoices to the LOCALITY for the LOCALITY s share of eligible Project expenses incurred by the DEPARTMENT in the performance of activities pursuant to paragraph 2.a. d. Audit the LOCALITY s Project records and documentation as may be required to verify LOCALITY compliance with applicable laws and regulations. e. Make available to the LOCALITY guidelines to assist the parties in carrying out responsibilities under this Agreement. 4. Appendix A identifies the specific funding sources for eachproject under this Agreement, phases of work to be administered by the LOCALITY, and additional project-specific requirements agreed to by the parties. There may be additional elements that, once identified, shall be addressed by the parties hereto in writing, which may require an amendment to this Agreement. 5. If designated by the DEPARTMENT, the LOCALITY is authorized to act as the DEPARTMENT s agent for the purpose of conducting survey work pursuant to Section of the Code. 6. Nothing in this Agreement shall obligate the parties hereto to expend or provide any funds in excess of funds agreed upon in this Agreement or as shall have been included in an annual or other lawful appropriation. In the event the cost of a Project under this agreement is anticipated to exceed the allocation shown for such Project on the respective Appendix A, both parties agree to cooperate in providing additional funding for the Project or to terminate the Project before its cost exceeds the allocated amount, however the DEPARTMENT and the LOCALITY shall not be obligated to provide additional funds beyond those appropriated pursuant to an annual or other lawful appropriation. 7. Nothing in this agreement shall be construed as a waiver of the LOCALITY s or the Commonwealth of Virginia s sovereign immunity