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Home My WebLink AboutCouncil Actions 04-08-91 Bowles (30466) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL April 8, 1991 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. All Present. The invocation will be delivered by The Right Reverend Arthur H. Light, Bishop of the Diocese of Southwestern Virginia of the Episcopal Church. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. BID OPENINGS Bids for construction of Fire Station No. 14 on Mecca Street, N. E. Eight bids were referred to a cor~nittee Messrs. White, Chairman, Snead and Kiser tion, report and recommendation to Council. composed of for tabula- AD PUBLIC HEARINGS Public hearing on the request of First Baptist Church that a certain ten foot alley located approximately 556.71 feet west of Third Street, S. W., and extending approximately 160 feet in a southerly direction from the southerly side of Luck Avenue, be permanently vacated, discontinued and closed. Mr. T. L. Plunkett, Jr., Attorney. Adopted Ordinance No. 30466 on first reading. (7-0) Public hearing on the request of Allman Landscaping, Inc., that a tract of land located at 4210 Southern Hills Drive, described as Lots I and 2, Block 4, Section 1, Southern Hills (formerly referred to as Lots I and 2, Section 4), and Lots 1, 2 and 3, Block 8, Section 2, Southern Hills, Official Tax Nos. 5480401, 5480402, 5470501 - 5470503, inclusive, be rezoned from (1) RS-3, Residential Single Family District, to RA, Residential Agricultural District, subject to certain conditions proffered by the petitioner. Mr. Bruce E. Mayer, Attorney. Adopted Ordinance No. 30467 on first reading. (7-0) 8.a. Adopted Ordinance No. 30452-40891 on second reading, granting a license agreement for automobile racing at Victory Stadium, upon certain terms and con- ditions. (4-3, Council Members Bowles, Fitzpatrick, and Mayor Taylor voting no.) e C-1 C-2 C-3 CONSENT AGENDA (Approved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss a personnel matter, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. RECO~4ENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a personnel matter, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com~ mittees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. A communication from Council Member James G. Harvey, II, requesting an Executive Session to discuss a personnel matter, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a personnel matter, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. WITHDRAWN. (2) C-4 C-5 C-6 A communication from Council Member David Ao Bowers requesting an Executive Session to discuss the disposition of publicly held property, specifically the leasing of public land for erecting a structure, and to discuss specific legal matters requiring the provision of legal advice by counsel, specifically the terms and conditions of a lease agreement, pursuant to Sections 2.1-344 (A) (3), and 2.1-344 (A) (7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss the disposi- tion of publicly held property, specifi- cally the leasing of public land for erecting a structure, and to discuss speci- fic legal matters requiring the provision of legal advice by counsel, specifically the terms and conditions of a lease agreement, pursuant to Sections 2.1-344 (A) (3) and 2.1-344 (A) (7), Code of Virginia (1950), as amended. A report of the City Manager requesting an Executive Session to discuss the disposition of publicly held property, specifically the leasing of public land for erecting a struc- ture, and to discuss specific legal matters requiring the provi- sion of legal advice by counsel, specifically the terms and conditions of a lease agreement, pursuant to Sections 2.1-344 (A) (3), and 2.1-344 (A) (7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss the disposi- tion of publicly held property, specifi- cally the leasing of public land for erecting a structure, and to discuss speci- fic legal matters requiring the provision of legal advice by counsel, specifically the terms and conditions of a lease agreement, pursuant to Sections 2.1-344 (A) (3) and 2.1-344 (A) (7), Code of Virginia (1950), as amended. WITHDRAWN. A communication from Council ~ember David A. Bowers requesting the removal of an item from Council's List of Pending Items pertaining to proposed changes in the City Code and the City Charter relating to duties and responsibilities of the Municipal Auditor. RECO~ENDED ACTION: Concur in request and receive and file the communication. (3) REGULAR AGENDA 3. Bearing of Citizens Upon Public Matters: Request of the Roanoke Valley Chess Club to address Council with regard to a rental fee proposed to be charged by the Department of Parks and Recreation for use of City recreation facilities. Mr. Russell Potter, President, and Mr. Jack Richards, Chairman, Site and Hospitality Committees. The matter was referred to the City Manager for study, report and recommendation to Council. Council authorized waiver of the rental fee for use of City recreation facili- ties pending receipt of the City Manager's report. Petitions and Communications: None· Reports of Officers: a. City Manager: Briefings: A report with regard to activities which are planned to be held at the Roanoke City Public Library in conjunc- tion with National Library Week; and a status report in connection with the library automation project. No action. Items Recommended for Action: o A report with regard to a request of the Arts Council of the Blue Ridge to be designated as the appropriate agency for arts planning and information dissemination. Action on the report was deferred until the next regu- lar meeting of Council on Monday, April 15, 1991, in order for the City Manager to confer with the Roanoke City Arts Commission with regard to the matter. o A report recommending authorization to execute a contract with the Commonwealth of Virginia Department of Social Services in order to allow the Roanoke County Department of Social Services to continue to be reim~ bursed for Youth Haven I placements from Title XX funds. Adopted Resolution No. 30468-40891. (?-0) o A report recommending transfer of $20,000.00 from the Capital Maintenance and Equipment Replacement Program to provide funds for certain Municipal Fire Alarm (4) 10. System conduit repairs and installation and purchase of cable and other related items. Adopted Ordinance No. 30469-40891. (7-0) A report recommending purchase of a new rotor assembly from Dresser Industries, in the amount of $45,143.00, in order to repair the No. 7 blower unit at the Regional Sewage Treatment Plant; and transfer of funds therefor. Adopted Ordinance No. 30470-40891 and Resolution No. 30471-40891. (7-0) b. Director of Finance: 1. A report transmitting a Revenue Compendium for the City of Roanoke. Received and filed. Reports of Con~nittees: None. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 30452, on second reading, granting a license agreement for automobile racing at Victory Stadium, upon certain terms and conditions. See Page I for action. Ordinance No. 30461, on second reading, amending and reor- daining subsection (a) of §2-179, Investment of surplus funds, Code of the City of Roanoke (1979), as amended, enu- merating securities in which City funds in excess of those required for immediate payment may be lawfully invested. Adopted Ordinance No. 30461-40891. (7-0) Ordinance No. 30464, on second reading, declaring a certain structure located in the Roanoke Centre for Industry and Technology surplus and authorizing its removal. Adopted Ordinance No. 30464-40891. (7-0) Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: Certification of Executive Session. (7-0) 5) Office of the Mayor April 8~ 1991 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bow~es and Gentlemen: I wish to request an Executive Session matter, pursuant to Section 2.1-344 (A) (1950)~ as amended. to discuss a personnel (1), Code of Virginia Sincerely, C. Tay ! Noe! Mayor NCT: se Room 452 MunicipalBuilding 215Church Avenue, S.W., Roanoke, Virginia 24011 (703)981-2444 E Office of the Mayor April 8~ 1991 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke~ Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss personnel matters relating to vacancies on various authorities~ boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A) (1)~ Code of Virginia (1950), as amended. Sincerely, Noel C. Taylor Mayor NCT: se Room 452 Municipal Building 215 Church Avenue. S. W., Roanoke, Virginia 24011 (703) 981-2444 Office of the Council April 8~ 1991 The ~onorable Mayor and Members Roanoke City Council Roanoke~ Virginia of Dear Mrs. Bowles and Gentlemen: I wish to request an E~ecutive Session matter~ pursuant to Section 2.1-344 (A) (1950)~ as amended. to discuss a personnel (1), Code of Virginia JGHII:se James G. Earvey, Council Member Room 456 Municipal Building 215 C~urch Ave~ue~ S.W. Roanoke. Virginia 24011 (703) 981-2541 Office of the Council April 8, 1991 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss disposition of publicly held property, specifically the leasing of public land for erecting a structure~ and to discuss specific legal matters requiring the provision of legal advice by counsel, specifically the terms and conditions of a lease agreement, pursuant to Sections 2.1-344 (A)(3) and 2.1-344 (A)(7), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Council Member DAB:gd Room 4.56 Municipal Building 215 Church Avenue, SW. Roanoke, Virginia 2401 t (703) 981-2541 Roanoke, Virginia April 8, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: I request that City Council convene in Executive Session to discuss disposition of publicly held property, specifically lease of public land for erecting a structure, and to discuss specific legal matters requiring the provision of legal advice by counsel, specifically the terms and conditions of a lease agreement, pursuant to Sections 2.1-344.A.3 and 2.1-344.A.7, Code of Virginia (1950), as amended. Respectfully submitted, WRH/GCS/hw cc: City Attorney Director of Finance W. Robert Herbert City Manager Director of Administration and Public Safety Office of the Council April 1, 1991 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: ©~ your Council list of pending items you will note that an item dated January 7, 1991, and referred to the City Manager involves the matter with regard to the proposed changes in the City Code aha the City Ci~arter relating to duties and responsibilities of the Municipal Auditor. By this letter, I would respectfully request that this item be removed from the Pending List, and that the matter not be placed ~ac~ on the list until such time as the Municipal Auditor, him- self, or the Audit Committee makes a recommendation regarding this proposal. I would respectfully request that this letter be placed on the Consent Agenda for Monday, April 8, 1991, and thereafter be received and filed. Best personal regards to each of you. Sincerely, David A. Bowers Council Member DAB: ra DAB 5 Room456 Mun,~ipalBuildlng 215 Church Ave~ue, SWRoano~e. Virg~nia240,f.f (703) g81-254t MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215ChurchAvenue,$ W,Room456 Roanoke, Virginia 24011 Telephone: (703)981-2541 April i0, 1991 SANDRA H. EAKIN Deputy City Clerk File #67-33-166 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a statement from the Roanoke Valley Chess Club with regard to a rental fee proposed to be charged by the Department of Parks and Recreation for use of City recreation facilities, which statement was before the Council of the City of Roanoke at a regular meeting held on Monday, April 8, 1991. On motion, duly seconded and unanimously adopted, the matter was referred to you for study, report and recommendation to Council. Council also authorized waiver of the rental fee proposed to be charged to the Roanoke Valley Chess Club for use of recreation facilities pending receipt of your report. Sincerely, Mary F. Parker, City Clerk CMC/AAE MFP : ra Enc o pc: Mr. Russell Potter, President, Roanoke Valley Chess Club, 3316-A Rosewood Avenue, S. W., Roanoke, Virginia 24015 Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance March 26, 1991 City of Roanoke c/o City Clerk s Office 215 Church Ave SW Roanoke, VA 24~11 Russell Potter 3316-A~ose~oodAveSW Roanoke, VA 24~15 TEL 989-8989 Dear City Clerk: Please put the Roanoke Valley Chess Club on the City Council agenda for its Monday evening meeting on April 8th. Enclosed is a copy of the letter which we have mailed to the Mayor and the other m-mhers of the City Council regarding this subject. We will ~ost likely have 4 or 5 speakers addressing the Council on the subject including: myself, as President of the RVCC; and Mr. Jack Richards Sr , Chairman of our Site and Hospitality Committees; among other speakers. Please do not hesitate to contact me if you have any questions of clarification about any aspect of this matter. Please confirm in writing our appearance on the City Council agenda for that evening. Thank you. Sincerely, Russell Potter President, Roanoke Valley Chess Club March 26, 1991 To Mayor Taylor and the M~mhers of the Roanoke City Council: We are writing you this letter concerning the very existence of the Roanoke Valley Chess Club, which is currently facing a severe crisis due to a demand by Parks and Recreation Director Gary Fenton to charge us, for the first time ever in our history- a rental fee, In brief, the history of the Roanoke Valley Chess Club stretches back over 45 years. During this time, the chess club has been located in the City of Roanoke for all but 2 of those years. During this time, we have provided both a once-a-week meeting site for the general public to come and play chess, as well as tournaments and special chess events on occasion. The benefits we provide to the general public are considerable. In the equilxnent area, these include, chess sets, boards, clocks, books, trophies, pa~er supplies, and miscellaneous other chess equipment. In the services area, these benefits include the pre~aration~ direction, promotion, publicizing, and general coordination of chess tournaments and s~ecial chess events throughout the year. Concerning the subject of services these are administered by an all volunteer Board of Officers composed of one President! two Vice Presidents/ a Secretary! a Treasurer~ and a S~ecial Committees Chairm~,. A~ore detailed breakdown of our budget is enclosed. We are a non profit organization. In the more than 45 year history of our organization no m~mher of our chess club has ever received so much as a nickel in compensation for their services rendered to this co~waunity in promoting chess. Nor has the chess club received or requested tax dollars from the Department of Parks and Recreation to buy any of this equipment or to provide any of these services, We have not even requested help with publicity or postage for mailings although that would have been welcomed. The basic agreement that has been in effect these many years between the Roanoke Valley Chess Club and the Department of Parks & Recreation has been one of co sponsorship; that is the chess club would provide equipment and services to promote chess in the city for the department, in return for a rent free meeting place at a city recreation facility for once-a-week meetings. Since public funds in many con--unities recreation department budgets are allocated for chess throughout the country, this has been considered by the Department as a good deal for Roanoke City taxpayers. For a recreation department to provide the quality of services from a personnel standpoint alone would have meant hiring instructors and certified tournament directors for evening and occasional weekend work. Concerning previous Directors of the Roanoke City Dept of Parks & Recreation, the following Directors have felt that this arrangement was benef£cial for the Department~ Rex Mitchell! John Newsomet Fanny Boone and Ji,~,~ Layman. Concerning City Managers who have reviewed this policy, the f~llow~na have felt it was a beneficial arrangement for the City of v ---~=Arthur Owens, Julian Hirst, Byron Haner and Bern Ewert, Roanoke No sitting City Council has ever disapprove~ of this arrangement. Mister Fenton now seek~to overturn this sound~o}ic~.of ov~[ four decades duration by charging us $2~ per night beg~nnlng_~pr%~ 2~ weeks, as our chess club treasury nas barely over we would cease to function long before 2~ weeks were it. O~ course up, since we would have no money for operating expenses to buy equil~ent, run tournaments, dO mailinqs, etc. {n_addi~ion, we ~h~v~ maile~ out our Schedule of Events t~ hundr _e~.or_~n~K~ ~s rs the V1 lnlaChess Federation, _a~.o~e unl=eu ~-at e~--e risk due to loss of the ~r~d~.?ourt Rtgrea=%o? Center facility; we simply would, not have the =lme or rlnanc~az there through August 1991~ that these tou since we informe~ the Department of it in oc=oDe~, 'me rain~ no objection to our sch~ule at that middle of our Events Calendar year~ we nav~ a fee which we cannot possibly afford. Thus~ als~ngulsne~ of Council~ the plight of our club is absolutely desperate. Our dues are extre~, ely mo~est at $2~ a year fo~ adults~ $1~ a =--=--~-- --~-~-ear- ~1~ adults, $5 teenagers, cnlluren tree. exceedingly minimal so as not to deter senior citizens~ youth~ or the economically di.ad~an~g~ fr-- enjoying the bene?S of ch~ play. Further~ we have always sought to accommOoa=e speczu hardship cases who were unable to even .I~.Y our ml~.~mal ~ues. _The question of fairness and proportionality regaruing uues ror of instruction that are offerea Dy une KoanoKe Parks & Recreation in various recreational activities typically cost citizens $25 to $3~ for classes that last rarely more than weeks~ and frequently a month or less. How do such fees compare with a full range of recreational activities and instruction in a given subject being made available to a teenager for only $1~ for an entire ~ear? Aside from the issue of being a hargain recreational agreement for the Department and for the City~ there is the basic issue of fairness. 6 percent of an average American community knows how to play chess. This translates into more than 55~ residents of the City of Roanoke who have at ~east a basic acquaintance with the rules of the game. Is it civically proper or economically fair that out of the entirety of the Department of Parks & Recreation's budget not one dollar should go for the promotion of chess? The many chess players that we have discussed such issues with over the years do not object to our tax dollars going for basebal! diamonds fOOtb&ll fields, tennis courts, basketball courts~ gymnasiums~ recreation centersI ceramicsl programs for senior citizens, staff leaders at centers~ or central administration staff of the Dept. of Parks & Recreation, What we would object to, and which would be clearly unconscionable! would be the total neglect of our recreational activity out of tax funds to which we too have contributed! We feel that a rent waiver for a once-a-week meeting in a small recreational facility is a mo~est expectation seen in this light. In conclusion! m-mhers of Councilt the Roanoke Valley Chess Club is a non-discrim/natory organization that has provided a valuable civic enrichment activity for a bargain basement price to the citizens of the City of Roanoke for over four decades, due to the mutually beneficial chess program-for a rental-fee-waiver arrangement previously mentioned. If this institution is to be destroyed by such a short sighted penny--wise and pound-foolish policyt what would take its place? Should the chess ~unity meet in bars?- This is a hardly suitable arrangement for youngsters and other non-drinkers. Noisy restaurants, with their expectations of regular meals purchased, is also unsatisfactory for those who cannot easily afford to eat out. City chess players would have every right to expect expenditures from the Department of Parks & Recreation on the promotion of chess, as it is done in m~ny other cities in this country. Would this money be as wisely spent and would it go further with a group of paidt but only marginally interested, Recreation Dept lay workers~ or would the money go further with a group of highly interested and dedicated volunteer specialists? Who would provide the chess instruction, and at what cost? Who would certify the tournament directors, and who would organize~ promote and direct chess activities year-round? Would the n~mher and quality of these events be more likely to increase or decrease? Distinguished m~m~ers of Council, we strongly believe the right thing to do is to continue the current policy of over 4~ years duration. We feel that it is the ethically fair thing to do= that it is the economically sensible thing to do: and that it is the programmatically sound thing to do. Otherwise, without your help~we sfunply c~,not continue. Respectfully Submitted Russell Potter ~ For the officers of the Roanoke Valley Chess Club cc: Mr. David Bowers Mrs. Elizabeth Bowles Mr. Beverly Fitzpatrick Jr. Mr. James Harvey Jr. Mr. Howard Musser Mr. William White CONTRIBUTIONS OF EQUIPMENT & LABOR OF THE ROANOKE VAF.r. Ey CHESS CLUB TO THE CBESS PROGRAM OF THE DEPT OF PARKS & R~CREATION OF THE CITY OF ROANOKE I. EQUIPMENT ITEM DESCRIPTION 38 Books @ $15 ~ average cost each Misc Tournament Forms & Paper Supplies TOTAL EQUIPMENT VALUE V/~LUE 1. Equipment Cabinet $25S ~ 2 Club Equipment Container 14 ~ 3 Custom-Built Hinged Club Equipment Box 125 ~ 4 1 Club Porta--File 16 ~ 5 8 Sliding Top Chess Boxes @ $1~ ~ each 8~ ~ 6 9 Draw String Bags @ $6.~S each 7 5~ Paper Boards @ $ 6~ each 3~ ~ 8 25 Chess Sets @ $1~ ~ each 9r~ ~ 9 1~ Specialty Dual Chess Clocks @ $5~ ~ each 5~ ~ 10 23 Permanent Trophies w/Engraving @ $2~ ~ each 46~ ~ 11 6 Quad Trophies @ $5 ~ each ~,~ 12 Bookcase 13 14 $25e4 ~ II LABOR VALUE FOR ONE YEAR 48~ Volunteer Man-Hours @ $5,~ per hour (Tournament Direction, Promotion~ Publicity. Mailings, as well as preparation and coordination of special chess events available to the general public) $24~e ~ Roanoke, Virginia April 8, 1991 Honorable Mayor and City Council Roanoke, Virginia Members of Council: I respectfully request that space be reserved on Council's agenda Monday, April 8, 1991, for a briefing on the activities at the Roanoke City Public Library in conjunction with National Library Week and the status of the library automation project. Respectfully submitted, W. Robert Herbert City Manager WRH:gr MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W,Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 April 10, 1991 SANDRA H. EAKIN Deputy CiTy Clerk File #72-305 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30488-40891 authorizing a contract to be entered with the Commonwealth of Virginia Department of Social Services for procurement of certain services at Youth Haven I by the County of Roanoke,s Department of Social Services for fiscal year 1991-92. Resolution No. 30468-40891 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 8, 1991. Sincerely, Mary F. Parker, City Clerk CMC/~AE MFP : ra Eric. pc: Ms. Mary H. Allen, Clerk, Roanoke County Board of Supervisors, p. O. Box 29800, Roanoke, Virginia 24018-0798 Mr. James D. Ritchie, Director of HUman Resources Mr. Jack E. Trent, Group Home Program Manager IN THE COUNCIL OF THE CITY OF The 8th Day of April, 1991. No. 30468-40891. ROANOKE, VIRGINIA, A RESOLUTION authorizing a contract to be entered with the Commonwealth of Virginia Department of Social Services for the pro- curement of certain services at Youth Haven I by the County of Roanoke's Department of Social Services for fiscal year 1991-92. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager be, and is hereby authorized and directed, for and on behalf of the City, to enter into a written contract with the Commonwealth of Virginia Department of Social Services for the procurement of certain services for eligible youth at Youth Haven I by the County of Roanoke's Department of Social Services, for the fiscal year 1991-92, with payment for such services to be made by the County of Roanoke's Department of Social Services to the City from Title XX funds; 2. The form of the contract shall be approved by the City Attorney. ATTEST: City Clerk. April 8, 1991 Roanoke, Virginia Honorable Mayor and City Council Roanoke, Virginia Members of Council: SUBJECT: AUTHORIZATION TO EXECUTE A CONTRACT WITH THE COMMONWEALTH OF VIRGINIA'S DEPARTMENT OF SOCIAL SERVICES I: BACKGROUND The City of Roanoke, County of Roanoke, and City of Salem entered into a contract in January 1987, whereby these localities would jointly use Youth Haven I and Youth Haven II to provide non-secure residential care for youth of the Roanoke Valley. Under the terms of this contract, the per diem rate was set at $25.00 for the first eighteen months of operation. The three jurisdictions have negotiated a new contract which bases the per diem rate on the actual local operating expenses for the prior fiscal year or based on a per diem established by any federal or state age-~cy for the facility or program. C. Title XX are those federal funds received by the Department ~l Services to provide care for our citizens. Title XX vendor designation will permit youth who are wards of the local Department of Social Services to be placed at the facility and to be reimbursed under Title XX monies allocated to the local departments. Eo The City of Roanoke, on behalf of Youth Haven I, and the County of Roanoke, on behalf of Youth Haven II, received Title XX vendor status in 1989 as established by the Commonwealth of Virginia's Department of Social Services' Interdepartmental Committee on Rate Setting. These rates are calculated after considering the operating expenses, less any grants and monies received from state and federal agencies. 1. The rate established by the committee for the 1991 - 1992 fiscal year for Youth Haven I is $30.41. 2. The rate established by the committee for the 1991 - 1992 fisca~ year ~or Youth Haven II is $34.55. II. CURRENT SITUATION Ao Youth Haven II, operated by the County of Roanoke, has executed a contract with the Commonwealth of Virignia's Department of Social Services and is currently eligible to receive children fnDm Roanoke City's Department of Social Services using Title XX funding for reimbursement. Youth Haven I has received a contract from the Commonwealth of Virginia's Department of Social Services. This contract has been reviewed by the City Attorney's office and needs to be duly executed and returned to the State Department of Social Services, III. ISSUES A. Jurisdictional Equity. B. Time. C. Local Cost. IV. ALTERNATIVES A. Authorize the City Manager to execute the contract with the ~ommonwealth of Virginia's Department of Social Services. Jurisdictional Equity. This executed contract would continue to allow the Roanoke County Department of Social Services to be reimbursed for Youth Haven I placements from Title XX funds, just as the Roanoke City Department of Social Services is currently eligible for reimbursement from Title XX funds for girls placed at Youth Haven II. Time. The established per diem rate of the contract is i~6-f-~ne upcoming fiscal year (FY 1991 - 1992). The established per diem rate was increased by $.97 over the approved rate for FY 1990 - 1991. The contract needs to be executed prior to July 1, 1991. Local cost for City youths that are wards at Youth FF~-~-l~-~nd are Title XX eligible will continue to be reduced from 100 percent of the per diem rate to 20 percent of the per diem rate. Do not authorize the City Manager to execute the contract ~ith the Commonwealth of Virginia's Department of Social-- Services. Jurisdictional Equity. Some Roanoke County boys may be denied treatment/serVices at Youth Haven I, due to funding limitations since Title XX funds cannot be used. Time. Future use of Title XX funding will require reapplication to the Interdepartmental Committee on Rate Setting. 3. Local cost would not be affected. V. RECOMMENDATION A. Authorize the City Manager to execute the contract with the Commonwealth of Virginia's Department of Social Services. Respectfully submitted, City Manager WRH/JDR/JET/at cc: Joel M. Schlanger, Director of Finance Wilburn C. Dibling, Jr., City Attorney James D. Ritchie, Director, Human Resources Jack E. Trent, Group Home Program Manager AGREEMENT FOR PURCHASE OF SERVICES THIS AGREEMENT is entered into by and between the Commonwealth of Virginia Department of Social Services with local Departments of Welfare/Social Services acting as its agents, referred to as the "Buyer," and Roanoke City, hereinafter referred to as the "Vendor." Subject to its other provisions, the terms of this Agreement shall commence on the 1st day of July, 1991, and terminate on the 30th day of June, 1992. WHEREAS the Buyer is responsible for providing social services by authority of Title 63.1 of the Code of Virginia, and has been appointed by the Governor as administering agency for social services delivered pursuant to Title XX of the Social Security Act as amended by Section 2352 of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35); WHEREAS the Vendor of social services standards relative has established itself as a qualified provider and meets all applicable State and federal to the services to be provided herein; NOW, THEREFORE, the parties hereto do mutually agree as follows: This Agreement is subject to the provisions the Code of Federal Regulations, amendments thereof, and relevant State laws and regulations. This Agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the laws of the Commonwealth of Virginia. The failure of the Buyer to enforce at any time any of the provisions of this Agreement, or to exercise any option which is herein provided, or to require at any time performance by the Vendor of any of the provisions hereof, shall in no way affect the validity of this Agreement or any part thereof, or the right of the Buyer to thereafter enforce each and every provision. Ail remedies afforded in the Agreement shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. If any part, term, or provision of this Agreement is held by a court to be in conflict with any State or federal law, the validity of the remaining portions or provisions shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. Any documents referred to in this Agreement but not attached hereto, are incorporated by reference as part of this Agreement. No other understandings, oral or written, are deemed to exist or to bind any of the parties hereto. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by the Contracting Officer of the Buyer and the Authorized Representative of the Vendor, and attached to this Agreement. Where there exists any inconsistency between this Agreement and other Page 1 of 8 provisions of collateral contractual agreements which are made a part of this Agreement by reference or otherwise, the provisions of this Agreement shall control. This is a term agreement for requirements and does not involve a definite financial obligation on the part of the Buyer, although the Buyer shall use this Agreement in the procurement of services as specified and for which payment shall be made by the Buyer. The Vendor shall only charge the Buyer for those services listed and described in the Vendor Information form of the Profile of Services and Prices, relevant portions of which are attached, and only when and as authorized by a Purchase of Services Order signed by the Buyer's Fiscal Officer and Service Worker. Such Purchase of Services Orders are incorporated into this Agreement by reference. The Vendor has the right to refuse to accept the Buyer's Purchase of Services Orders. The authorized services shall be provided at or above the quality level in effect at the time of the description and/or evaluation written on the Vendor Information form of the Profile of Services and Prices. The Vendor shall permit representatives authorized by the Buyer to conduct program and facility reviews in order to assess service quality. Such reviews may include, but are not limited to, meetings with consumers, review of service records, review of service policy and procedural issuances, review of staffing ratios and job descriptions, and meetings with any staff directly or indirectly involved in the provision of services· Such reviews may occur as often as deemed necessary by the Buyer and may be unannounced. Substantial changes in the proposed delivery of services from that stated in the application submitted by the Vendor or that stated in the Vendor Information form of the Profile of Services and Prices, whether actual or anticipated, such as, but not limited to, changes in service quality, key personnel, ability to vend specified volumes of services, submitted budgetary data, or compliance with applicable State and/or federal standards shall be reported in writing to the Buyer within five (5) calendar days of occurrence. The Vendor agrees that any information and data to be used in negotiations to modify or extend the Vendor's prices under this Agreement shall be submitted to the Buyer at least one hundred and twenty four (124) calendar days prior to the proposed "Effective Date" of the changes. The Vendor shall immediately submit written reports to the Buyer indicating significant deviations from anticipated client progress as agreed by the Vendor and the Buyer. The Vendor shall provide the Buyer with a copy of any required reports of annual physical examinations and psychological or psychiatric examinations of the client while under the care of the Vendor. Page 2 of 8 10. 11. 12. The Vendor shall submit to the Buyer a written treatment plan and progress report regarding the client at least quarterly and upon termination of service to the client. Said plan and report shall include at least the following information: short and long term goals, anticipated time of completion, prognosis, medications administered, progress or lack of progress of client and reasons, significant incidents or accidents and any past or planned special events. If the Vendor fails to provide any written treatment plan and progress report in a timely manner, the Buyer may withhold payment of Vendor Invoices until they are received. The Vendor shall not charge the Buyer more for a service than the price specified on the Vendor Information form of the Profile of Services and Prices. The Vendor shall not charge or accept from the Buyer more than the Vendor charges or accepts from other buyers of the same service. The Vendor shall not charge any and all buyers more than the maximum number of units of service as stated on the Vendor Information form of the Profile of Services and Prices. Additionally, the Vendor shall not invoice the Buyer for a greater number of units of any service than that specified in the Purchase of Services Order unless the Buyer specifically authorizes such increased units in writing. The Vendor shall invoice the Buyer only for services actually delivered. The Vendor shall not submit any billings for services provided prior to the "Effective Date" or subsequent to the "Renewal Date" shown on the Vendor Information form of the Profile of Services and Prices. The Vendor shall invoice the Buyer for each calendar month on Vendor Invoice forms supplied by the Buyer, and shall submit a Vendor Invoice showing no services delivered pursuant to a Purchase of Services Order if that is the case in any month. The Buyer shall be unobligated to pay for services pursuant to an authorized Purchase of Services Order when the Vendor fails to submit a Vendor Invoice for such services within forty-five (45) calendar days after the close of the calendar month in which services were delivered. Vendor Invoices which are correct and are received by the Buyer within ten (10) calendar days after the close of the month shall be processed and paid no later than thirty (30) calendar days after the close of the month. Those Vendor Invoices received later shall be processed and paid with the next month's Vendor Invoices. Vendor Invoices received which are not correct shall be returned to the Vendor for correction. If the Vendor feels that the payment received for services invoiced was an underpayment, then it is the Vendor's responsibility to notify the Buyer in writing of the questionable payment within forty-five (45) calendar days after receipt of the payment. Supporting evidence must accompany such notification. The Buyer must correct any error found or respond in writing to the Vendor why no error Page 3 of 8 13. 14. 15. 16. 17. exists within forty-five (45) calendar days after receipt of the Vendor's notification. If the Vendor's notification and supporting evidence are not received by the Buyer within the forty-five (45) calendar day limit, then the Buyer is not obligated to make any adjustments in the questionable payment. If the Vendor feels that the payment received for services invoiced was an overpayment, then the Vendor must notify the Buyer immediately. The Buyer shall have thirty (30) calendar days from the date of the Service Worker's or Fiscal Officer's signature on a Purchase of Services Order, whichever is later, to terminate or ad3ust said Purchase of Services Order without penalty to the Buyer; however, the Buyer shall make payment for any services rendered during said thirty (30) day period, subject to the other terms of this Agreement. The Buyer's Purchase of Services Orders may be adjusted or terminated at any time for client-related causes to include, but not limited to, changes in eligibility and changes in client progress. The Buyer may not terminate or adjust Purchase of Services Orders arbitrarily and without cause. The Vendor may only terminate service provision for client-related causes and only when a fifteen (15) calendar day advance notice is given to the Buyer. In the event that the Buyer becomes unable to honor approved Purchase of Services Orders for causes beyond the Buyer's reasonable control, including but not limited to, failure to receive promised revenue from federal, State or local government sources or donor default in providing matching funds, the Buyer may terminate or modify any or all Purchase of Services Orders pursuant to this Agreement as necessary to avoid delivery of service for which the Buyer cannot make payment. The Buyer shall, upon cognizance of any such cause, notify the Vendor immediately. The Vendor guarantees that any costs incurred pursuant to this Agreement shall not be included or allocated as a cost of any other federal, State or locally financed program in either the current or a prior period. The Vendor shall not enter into subcontracts for any of the services approved under this Agreement without obtaining prior written approval from the Buyer. Said approval shall be indicated by the attachment to this Agreement of a Vendor Information form for the subcontractor. Such subcontractors shall be sub3ect to the requirements, conditions, and provisions the Buyer may deem necessary. The Vendor is responsible for the performance of its subcontractors. However, prior written approval shall not be required for the purchase by the Vendor of articles, supplies and equipment which are incidental but necessary for the performance of the work required under this Agreement. The Vendor shall not assign this Agreement without prior written approval of the Buyer, which approval shall be attached to Page 4 of 8 18. 19. 20. 21. this Agreement and subject to such conditions and provisions as the Buyer may deem necessary. Nothing in this Agreement shall be construed as authority for either party to make commitments which will bind the other party beyond the scope of service contained herein. The Vendor and any subcontractor shall maintain an accounting system and supporting records adequate to assure that claims for funds are in accordance with applicable State and federal requirements. Such supporting records shall reflect all direct and indirect costs of any nature expended in the performance of this Agreement and all income from any source. The Vendor shall also collect and maintain fiscal and statistical data on forms designated by the Buyer. The Vendor shall maintain program records required by the Buyer. The Vendor agrees to retain all books, records and other documents relative to this Agreement for five (5) years after final payment, unless necessary for purposes of an unresolved federal or State audit. The Buyer, its authorized agents, and/or federal auditors shall have full access to and the right to examine any of said materials during said period. If the Vendor is to provide Emergency Shelter as a component of Protective Services for Children and the Buyer wishes to reserve space, then the Buyer will authorize a "Reservation" type of Purchase of Services Order at the price specified in the Vendor Information form of the Profile of Services and Prices. If the Vendor accepts the Purchase of Services Order and holds space, the Vendor shall invoice the Buyer, for the time period in which space was not occupied, at the percentage of the full price specified on the Vendor Information form of the Profile of Services and Prices. This percentage shall not exceed seventy-five percent (75%). If a client is placed by the Buyer and occupies a reserved space, the Vendor shall invoice at the full price for the period of time in which said client received service. If some space is reserved, and is occupied for part of the month but vacant for the other part, then the Vendor shall invoice individually for each client served and separately for all of the unoccupied reserved space. The Vendor shall submit each month's Vendor Invoices at the same time and together. No fee shall be imposed by the Vendor upon individuals served pursuant to this Agreement. Any information obtained by the Vendor concerning applicants and clients pursuant to this Agreement shall be treated as confidential. Use and/or disclosure of such information by the Vendor shall be limited to purposes directly connected with the Vendor's responsibilities for services under this Agreement. It is further agreed by both parties that this information shall be safeguarded in accordance with the provisions of Title 45 CFR 205.50 and Title 63.1, Sections 53 and 126 of the Code of Virginia (1950), as Page 5 of 8 22. 23. 24. 25. 26. 27. 28. 29. amendad, and any other relevant provisions of State and federal law. In the event that a service applicant or client registers a grievance, requests a fair hearing, or submits an appeal, the Vendor, its agents and employees agree to appear on request of the Buyer in any proceedings arising from such claim and provide all verbal or written information or documentary evidence within their control relevant to such claim. Neither the Vendor nor any subcontractor shall discriminate against employees or applicants for employment or deny any individual any service or other benefit provided under this Agreement pursuant to all requirements of the National Civil Rights Act of 1964 as amended, 45 CFR, Parts 80, 81, 84, and 90, and Section 504 of the Rehabilitation Act of 1973. The Vendor does hereby agree to indemnify and hold harmless the Buyer from any and all claims for damages, either in law or in equity, directly or indirectly arising out of or by virtue of the actions or inactions of the Vendor or its agents, servants, or employees in connection with this Agreement. Neither party hereto may be held responsible for delay or failure to perform hereunder when such delay or failure is due to acts of God, flood, severe weather, fire, epidemic, strikes, the public enemy, legal acts of the public authorities or delays or defaults of public carriers, which cannot be reasonably forecast or provided against. Neither the Vendor nor employees, assignees or sub- contractors shall be deemed employees of the Buyer while performing under this Agreement. If the Vendor fails to comply with any part of this Agreement the Buyer may, by written notice of default to the Vendor, terminate or revise the whole or any part of this Agreement and collect from the Vendor any funds paid by the Buyer which are related to the Vendor's failure to comply. The Vendor may terminate the whole of this Agreement upon thirty (30) calendar days advance written notice to the Buyer and only upon just cause. Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by negotiations and agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and furnish a copy thereof to the Vendor. This provision shall not preclude the Vendor from exercising any rights under law for failure of the Buyer to comply with the terms of this Agreement. Page 6 of 8 30. 31. 32. No children being served under this Agreement shall be taken out of the United States of America until the Vendor has: 1. secured written approval from the Director of the local department of social services for each child going out of the country; 2. secured written approval from the child's parents if their whereabouts are known and their parental rights have not been terminated; 3. provided the local department of social services and the Interstate Compact Office of the Virginia Department of Social Services notification of intent to travel which includes day to day itinerary and telephone numbers where the group may be reached; 4. provided the Interstate Compact Office of the Virginia Department of Social Services with the names of all children going out of the country, the local department of social services holding custody of each child, copies of the approval letters from the local department of social services and/or parent(s) of each child, written assurances that the proper passports, visas, or other requirements for entering the foreign country has been met, and written assurances that the facility will provide for the health, safety, and legal needs of each child. The Vendor agrees that medical costs not covered by Medicaid and all legal costs incurred during or as a result of travel outside the United States of America shall be the responsibility of the Vendor. The Vendor agrees that if the vendor or his employees are named in the CPS Central Registry, then this information shall be made available to the appropriate child placement and regulatory personnel of the Departments of Youth and Family Services, Education, Mental Health and Mental Retardation, and the local departments of social services by the Buyer. The terms and conditions of this Agreement are renewable for successive three month periods unless and until a rate change is mutually agreed on by the Buyer and the Vendor thirty (30) days prior to the termination date of this Agreement as evidenced by a new Agreement signed by both parties. The rate(s) specified on the Vendor Information form of the Profile of Services and Prices for the period of this Agreement shall remain in effect during the subsequent three month periods of renewal. The Vendor Information form shall be prepared for each three month period. Any future rate changes must be agreed to and acknowledged by the signing of a new Agreement for Purchase of Services for the appropriate period. Page 7 of 8 IN WITNESS THEREOF the parties have caused this Agreement to be executed by officials thereunto duly authorized. Authorized Representative of Vendor Contracting Officer of Buyer, an Authorized Representative of the Commonwealth of Virginia Department of Social Services Title Service Programs Director Title Date Date Page 8 of 8 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $ W, Room 456 Roanoke, Virgm~a 24011 Telephone: (703) 981-2541 April 10, 1991 SANDRA H. EAKIN Deputy City Clerk File #60-70 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30469-40891 amending and reordaining certain sections of the 1990-91 General and Capital Funds Appropriations, providing for the transfer of $20,000.00 from the Capital Maintenance and Equipment Replacement Program to provide funds for certain Municipal Fire Alarm System conduit repairs and installation and purchase of cable and other related items. Grdinance No. 30469-40891 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 8, 1991. Sincerely, ~.~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Mr. Mr. Mr. W. Robert Herbert, City Manager William F. Clark, Director of Public Works William M. Mullins, Manager, Signals and Alarms Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF T~ CITY OF ROANOKE, VIRGINIA The 8th Day of April, 1991. No. 30469-40891. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General and Capital Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Non-Departmental $ Contingency - General Fund (1) ................... Transfers to Other Funds (2) ....................... Capital Fund Appropriations Other Infrastructure Fire Alarms (3) ................................... 1) Equipment Replace- ment Contingency 2) Transfers to Capital Fund 3) Appropriation from General Revenue BE IT FURTHER ORDAINED that, Ordinance shall be 13,454,150 1,011,011 11,440,632 16,482,113 20,000 (001-002-9410-2202) $(20,000) (001-004-9310-9508) 20,000 (008-052-9665-9003) 20,000 an emergency existing, in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia April 8, 1991 Honorable Noel C. Taylor, Mayor and Members of City Couneil Roanoke, Virginia Dear Members of Council: Subject: Fund Appropriation - Capital Maintenance And Equipment Replacement Program I. Background: City Council, on December 17, 1990, designated $20,000 in Capital Maintenance and Equipment Replacement Program (CMERP) to provide for certain Municipal Fire Alarm System conduits and cable repair and replacement within the Central Business District. Also, funds were included for relocation of main cables to S.W., S.E., N.W., and N.E. sections due to the Franklin Road & Second Street Highway Project. Fire alarm system repairs/replacements/relocations will be completed as small jobs and coordinated with the Virginia Department of Transportation (VDOT) projects. The repairing of conduit runs and replacing cable will be completed as soon as possible. Competitive bids will be taken for materials and underground contract work. II. Current Situation: ae A main cable is defective and temporary overhead lines have been installed to keep circuits in operation. Conduits and cable need to be repaired and replaced. B. Temporary overhead lines are within designated underground area and are not in strict cc~pliance with policy. III. IV. C. Highway Project relocations should start in the near future. Issues: A. Need B. Funds Availability Alternatives: Council approve this request to transfer $20,000 to Capital Projects Fund marked "Fire Alarms" allowing certain conduits and cable necessary for dispatching fire equipment to be replaced or relocated over several budget years. Members of City Council Page 2 Need - Affected Fire Alarm Boxes are within the Central Business District and a high value area where plans are to maintain this system. Also, the main cables serve all sections of the City and carry dispatch circuits to most of the fire stations. These circuits are essential if we are to maintain the present rating given b~ Insurance Service Organization (ISO). Funds Availability - Designated funds are available in the Capital Maintenance and Equil~nent Replacement Program to provide for these changes or repair~s. B. Council not a~prove the request to appropriate funds to allow for the designated expenditures. Need - Appropriate and necessary fire dispatch circuits will not be maintained and certain street boxes and master boxes within the Central Business District will have to be abandoned and taken out of service. 2. Funds Availability - Designated funds would not be expended. V. Recommendation: Council approve Alternative "A" and transfer $20,000 from General Fund Contingency - Equipment Replacement, Account #001-002-9410-2202 to a capital account titled "Fire Alarms", to be established in the Capital Projects fund by the Director of Finance, to provide for the required purchase of cable, conduit repairs, conduit installation, and related items. Respectfully submitted, W. Robert Herbert city Manager WRH :WBg~j r: j rm copy: City Attorney Director of Finance Director of Public Works Manager of Signals & Alarms City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W. Room a 56 Roanoke, Virg~ma 24011 Telephone: (703)981-2541 April 15, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #27 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear ~r. Herbert: I am attaching copy of Resolution No. 30471-40891 authorizing the purchase of a new rotor assembly from Dresser Industries, Inc., in the amount of $45,143.00, for use at the Regional Sewage Treatment Plant, upon certain terms and conditions. Resolution No. 30471-40891 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 8, 1991. Sincerely,~ ~-4~ ~, ~~ ~ary F. Parker, CMC/AAE City Clerk MFP:ra Enc o pc: Mr. Joel ~. Schlanger, Director of Finance Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Steven L. Walker. ~anager, Sewage Treatment Plant Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. D. Darwin Roupe, Manager, General Services Mr. Barry L. Key, ~anager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th Day of April, 1991. No. 30471-40891. A RESOLUTION authorizing the purchase of a new rotor assembly for the Regional Sewage Treatment Plant upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City's Manager of General Services is hereby authorized and directed to issue a requisite purchase order for the purchase of a new rotor assembly to repair No. 7 blower unit at the Regional Sewage Treatment Plant at a cost of $45,143.00 from Dresser Industries, said vendor being the only source practically available for this needed part as more particularly set forth in the report to this Council dated April 8, 1991, from the City ~anager. ATTEST: City Clerk. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $ W ,Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 April 10, 1991 SANDRA H. EAKIN Deputy Ctty Clerk File #60-27 Mr. Joel H. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30470-40891 amending and reordaining certain sections of the 1990-91 Sewage Fund Appropriations, providing for the transfer of $45,143.00 from Fees for Professional Services to Maintenance-Equipment, in con- nection with the purchase of a new rotor assembly to repair the No. 7 blower unit at the Regional Sewage Treatment Plant. Ordinance No. 30470-40891 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 8, 1991. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP : ra Enc . pc: Mr. Mr. W. Robert Herbert, City Manager Kit B. Kiser, Director of Utilities and Operations Hr. Steven L. Walker, Hanager, Sewage Treatment Plant Mr. William F. Clark, Director of Public Works Hr. Charles M. Huffine, City Engineer Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services Mr. Barry L. Key, Hanager, Office of Management and and Budge t MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avert ue, $ W. Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 April 15, 1991 SANDRA H, EAKIN Deputy C~:y Clerk File #27 Mr. H. W. Collins Supervisor of Parts and Repairs Roots Division Dresser Industries, Inc. 900 West .~ount Street Connersville, Indiana 47331 Dear Mr. Collins: I am enclosing copy of Resolution No. 30471-40891 authorizing the purchase of a new rotor assembly from Dresser Industries, Inc., in the amount of $45,143.00, for use at the Regional Sewage Treatment Plant, upon certain terms and conditions. Resolution No. 30471-40891 was adopted by the Council of' the City of Roanoke at a regular meeting held on Monday, April 8, 1991. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP : ra Eno. CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION DATE: TO: FROM: SUBJECT: April 4, 1991 Mary F. Parker, City Clerk el M. Schlanger, Director of Finance Revenue Compendium Please include the attached Revenue Compendium for the City of Roanoke on Council's agenda for April 8, 1991. JMS/pac MARY F. PARKER Ci:y Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W. Room 456 Roanoke, Virgm~a 24011 Telephone: (703)981-2541 April 10, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #122 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30452-40891 granting a license agreement with Donald F. Taylor to permit automobile racing at Victory Stadium on May 27, 1991, July 5, 1991, and September 2, 1991, upon certain terms and conditions. Ordinance No. 30452-40891 was adopted by the Council of the City of Roanoke on first reading on Monday, April 1, 1991, also adopted by the Council on second reading on Monday, April 8, 1991, and will take effect ten days following the date of its second reading. Sincerely, ~gt_ Mary F. Parker, CMC/AAE City Clerk MFP : ra Enc. pc: Mr. Donald F. Taylor, 2823 Williamson Road, N. W., Suite 8, Roanoke, Virginia 24012 Mr. Edward A. Natt, Attorney, P. O. Box 20068, Roanoke, Virginia 24018 Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Gary N. Fenton, .~anager, Parks and Recreation/Grounas Maintenance Mr. William F. Clark, Director of Public Works Ms. Dolores C. Daniels, Assistant to the City Manager for Con~nunity Relations Ms. Lauren G. Eib, Risk Management Officer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th Day of April, 1991. No, 30452-40891. AN ORDINANCE granting a license agreement for automobile racing at Victory Stadium, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, a license agreement with Donald F. Taylor to per- mit automobile racing at Victory Stadium on May 27, 1991, July 5, 1991, and September 2, 1991, subject to the terms and conditions of the agreement. 2. The license agreement the attachment to the April 1, Council, Attorney. shall be substantially as set forth in 1991, report of the City Manager to and the form of the agreement shall be approved by the City ATTEST: City Clerk. Roanoke, Virginia April 1, 1991 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: AUTO RACING IN VICTORY STADIUM I. BACKGROUND: Mr. Donald "Whitey" Taylor appeared before City Council on February 25, 1991, with an informal proposal to conduct racing events at Victory Stadium on three (3) dates during 1991. City Council asked Mr. Taylor to place his proposal in writing and submit it and information regarding types of cars, event parking, noise levels, and performance bond, to the City Manager. City Manager was requested to develop terms, conditions and requirements necessary to protect spectators and property, including a reasonable yet sufficient performance bond, should Council authorize in Victory Stadium. II. CURRENT SITUATION: ae Mr. Taylor's proposal is for race events on May 27th (Memorial Day), July 5th, and September 2nd (Labor Day). Gates would open at 1 PM, races would start at 5 PM and conclude by 8 PM. There would be no more than six (6) races per date, with a maximum of twenty-four (24) cars in any single race. Vehicle classes would be: Late Model Stock, Modified Stock, Street Stock, Mini Stock, Rookies, and 3/4 TQs. Refer to Attachment "A", Mr. Taylor's information package dated February 28, 1991, and Attachment "B", City Manager's letter dated March 1, 1991, and Mr. Natt's (representing Mr. Taylor) formal request, dated March 4, 1991. City staff requested additional information regarding site conditions, safety procedures, and various race related functions and activities. Refer to Attachment "C", Parks Planner's letter dated March 14, 1991 and Mr. Natt's response, dated March 19, 1991. Mayor and Members of April 1, 1991 Page 2 Council Certain key issues must be addressed, requirements met and current facility conditions noted, should City Council authorize racing events to be conducted. III. EXISTenT FACILITY CONDITIONS: Stadium Complex, constructed in 1942, today includes the National Guard Armory, built in 1954, and the fountain, completed in 1966. The 6 lane, quarter mile running track was last paved in 1976. Pavement coring tests were conducted at four (4) track locations by an independent testing laboratory, and results indicated an average asphalt depth of 3" over 5" of stone base existed. Various utilities have been placed below the track surface over the past 37 years. They include: sanitary sewer, storm drainage, natural gas, and press box communications conduit. The age, unknown condition, and uncertain location of existing utilities may make them susceptible to damage. IV. ISSUES AND REQUIREMENTS: A. Spectator Safety: Eight (8) foot chain link wheel fence must be provided and installed on and later removed from front concrete wall on the east and west stands, at promoter's expense. Spectators will not be allowed to sit in the first five (5) rows of the stands. Security plan, encompassing use of city police officers and personnel from licensed security companies, must be submitted by promoter a minimum of thirty (30) days prior to the event, and approved by the City Police Department. Expenses related to security will be incurred by promoter. Alcohol sales or consumption will not be permitted on the premises. Pit area will be secured by fencing and security personnel, at promoter's expense. Spectators will not be allowed in the pit area until all racing events are concluded. Mayor and Members of Council April 1, 1991 Page 3 Ce Emergency medical crews (a minimum of two) will be required on site along with appropriate emergency equipment/safety devices, any expense of which must be incurred by promoter. Property Damage: 1. Pre-cast concrete median barriers shall be provided, installed and, following each event, promptly removed by the promoter, so as to protect the fountain and National Guard Armory from damages. Approximately thirty (30) barriers, bolted together to provide a continuous barricade, will be required on each end of the stadium. Railroad ties shall be provided, placed, anchored and, following each event, promptly removed by the promoter. 12" X 12" ties shall be located around the inside edge of the pavement, to completely enclose the turf area and protect it from vehicular traffic. Electrical boxes and wall faucets must be removed by the promoter from the grandstand walls, and replaced immediately following each event. Property damages incurred due to this event shall be covered under insurance as provided by the promoter. Refer to Issue "C", paragraph 2, below. Insurance (Refer to Attachment "D"): Commercial General Liability Insuranc~ with minimum limits of $3,000,000 shall be provided by the promoter. Property Insurance will be required, since the City's property insurance carrier will suspend coverage for racing events. Promoter shall provide property insurance endorsement in the amount of $100,000. Life, Health, Accident, and Disability Insuranc~ shall be provided by promoter, with minimum limits of $100,000 per person for all participants, including drivers, pit crews, and track officials. Insurance Certificates must be received in the City Risk Management Office thirty (30) days before each event. Mayor and Members of Council April 1, 1991 Page 4 D. Noise: 1. Mufflers will be required on all racing vehicles. Decibel Meter will be provided by promoter to measure noise levels during each event. Cit~ will establish locations for such meters, and record noise levels. Parking and Traffic Control: Parking and shuttle transportation plan shall be submitted to City by promoter a minimum of thirty (30) days prior to each event. Expenses associated with parking and shuttle service will be paid by promoter. City Police Department will provide, at no cost to the promoter, traffic control within public right-of-ways in the vicinity of Victory Stadium. Performance Deposit: Promoter shall be required to deliver to the City Risk Management Office a $10,000 deposit at least thirty (30) days prior to each event, to ensure payment of expenses incurred by City. Deposit must be in the form of cash or certified check made payable to the City. Balance of performance deposit shall be returnable to promoter after completion of each event. Charges and Settlements: City shall maintain direct control of ~ ticket office, ticket sales, ticket personnel, and ticket receipts. Settlement payments will be made by City for police officers, security, admissions taxes, rental fees, ticket agent fees, ticket personnel, event staff, and other related expenses, prior to making final payment, if any, to promoter. Payments will be deducted from performance deposit, should admission receipts be insufficient to cover City's expenses. Payments to race participants, including drivers, pit crews and track officials, shall be responsibility of promoter. Mayor and Members of Council April'l, 1991 Page 5 Breach of A~reement: City reserves unqualified right to terminate agreement and deny promoter use of Victory Stadium, should promoter fail to comply with the terms of the agreement, including the requirement to furnish the City with performance deposit, security plan, parking and shuttle transportation plan, and evidence of required insurance, at least thirty (30) days prior to each event. Notice of termination of a~reement shall be~given in writing, should terms of License Agreement not be met. We CONCLUSION: Sh6uld the request to permit automobile racing at Victory Stadium be approved, City Council authorize the City Manager to enter into the License Agreement (Attachment "E"), as prepared by the City Attorney, in order to address the above issues. Respectfully submitted, W. Robert Herbert City Manager WRH/gf Attachments CC: Mr. Edward A. Natt, Esquire Mr. Donald F. "Whitey" Taylor City Attorney Director of Finance Director of Administration and Public Safety Director of Public Works Risk Management Officer Manager, Parks, Recreation and Grounds Maintenance Assistant to City Manager for Community Relations F.C.S. ENTERPRISES, INC. Roanoke, Virginia 24012 (703) 366-6416 February 28, 1991 Hr. Herbert, I hope I have answered all of City Council questions and requirments. NORTH AMERICAN acin nsurance, inc. February 28, 1991 Franklin County Enterprises, Inc. Don Taylor 6661 Franklin Road Roanoke, VA 24014 Re: victory Stadium D~ar Do/l: In regard to our recent discussion concerning tho availability of liability insurance for Victory Stadium, this is to advise that insurance would be available subject to full compliance with our underwriting standards, plus the construction and placement of adequate wheel fences approximately 8-10 feet high .in front of all spectator areas. Also, we would prefer no one sit in the front 5 rows of the grandstand area. Having previously worked with you at Franklin County Speedway and Natural Bridge Speedway, I am confident that you will do what you have to do and at this point, essentially know what is required in safety standards. As we discussed, one million limits of liability are available from the carriers and we have discussed the pricing. Certificates of Insurance will be available upon your request. Please give me a call when you want to further discuss auto racing at victory Stadium and we'll try to schedule a trip to you~ area to assist in any way we can. Very truly yours, G~and GE/si P.O. BOX 2240 · INDEPENDENCE. MiSSOURi640,55 · (816) 373-0505 FAX (816) 373-6145 REF: FENCING 8 Foot chain link fence will be erected in front of seating Rail Road ties will circle the foot ball field to prevent the cars from getting on the field. Concrete barriers will be erected in turns. F.C.S. ENTERPRISES, INC. Roanoke, Virginia 24012 (703) 366-6416 REF: VICTORY STADIUM PARKING We will use all utilize City Garages adjoining parking lots, Towers Shopping Mall, and open parking lots throughout the City. Free Shuttle Buses from Valley Metro will be used from down- town Shuttle to Victory Stadium. VALLEY METRO ?O3.H~'.G3GS %A% (?e3)982-2?e3 TO, DATE~ PERSON/DEPARTHENTt~ ~-~-~/ ! OF PAGES INCLUEING TNIS ONE, PLEASE ADVISE IF YOU DO NOT RECEIVE ALL PAGES. THANK YOU. VALLEY METRO SHUTTLE/TOUR SERVICE MAILING INFORMATION Requested By: Mr. Whitey Taylor Shuttle Bus Date: "Mon./May 2?th, Fri./July'Sth and"Mon./Sept. 2nd ("Holidays) Shuttle Bus Time: 4:00 PM - 8:00 PM Travel Time: 30 minutes (3:45 PM-4:00'PM & 8:00PM-8:iSPM) Cost Per 2:hours: $75,00 (Normal working hours) Cost Per 2 hours: $99.00 (Nolidays) Cost For Friday/July 5th: $562.50 Cost For Monday/May 27th: $742.50 Cost For Monday/Sept. 2nd: $?~2.50 F.C.S. ENTERPRISES, INC. Roanoke, Virginia 24012 (703) 366-6416 REF: VICTORY STADIUM DECIMAL METER READINGS Affiliated Electronics and Mr. to monitor noise level's at Victory turned over to City for review. Hugh Preston will be employed Stadium. Results will be INDEPENDENCE MOTOR SPEEDWAY 3/~ mile, h~sh banked clay oval Track phones: (319) 33~-6373 or (319) ~22-3~62 or ~22-~888 or 3kk-a&$5 (track) INTERSTATE 3~ SPEED~AY M~ City~ iowa I/2 rode, sem~-banked clay oval (cam~n~ allowS) PR: 3on Ti~ - (~1~) ~23-7323 (~rack) IO~A STA~ FAIRGR~DS ~D~AY I/2 mile, ~mi-ba~ day oval ~st s~e o~ ~s Moi~ a~ ~th S~. & ~iv~sity Ave. 5~cial e~ts ~y~ N~A ~ints K~XV~LE RACE~AY I/2 m~le, ~mi-bank~ clay oval (~ c~rs~ ~ campin~ ~ the n~th ~8e o~ Knoxville ~ Hwy 1~ (at ~airErounds) ~turday n~shts: ~nsed ~rints LITTLE INDY SPEED~AY I/a mile, semi-bank~ clay oval ~est ~e o~ Indianola on Hwy 92 ([2 s~th o~ Des Momes) President~ Ted E. Swartsland~ - 730 33rd St., ~s Momes, ~t. nfs: IMCA m~l~eds · St~ks, Streets · Thund~ ~r~ks LOUISA COUNTY FAIRGR~ND 1/2 mile, sem~-bank~ clay oval IA )2/38 - (3[9) 728-2~28 Friday mshts: St~k cars 100 Late Model Stock - Most popular race car in the Country. These Custom built Cameros Trans Am cost $25,000.00. Modified - Open wheel unlimited car that races at tracks like Bowman Grey Stadoim in Winston Salem, NC. Street Stock The cars are simular to Late Mode! Stock but use smaller tires and stockframes. Mini Stock - A class similar to Street Stock with small cars like Vegas. Rookie - A beginner Nini Stock Class for rookie drivers. These cars cost less than a $1,000.00. 3/4 TQ Midget - A minature Indy car powered by motorcyle motors. Office of the City Manager March 1, 1991 Donald F. "Whitey" Taylor F.C.S. Enterprises, Inc. 2823 Williamson Road, Suite 8 Roanoke, Virginia 24012 Re: P_roposed License Asreement for Racin$ at Victory Stadium Dear Mr. Taylor: At the City Council meeting of February 25, 1991, you presented an informal proposal to hold racing events at Victory Stadium on three dates during the summer of 1991. Your first proposed date was Memorial Day, May 26, 1991. At the Council meeting, it was agreed that as a first step, you would present a formal written proposal with respect to your use of the Stadium. A major event of this type requires careful planning and attention to detail. In order to develop a satisfactory license agreement for your use of the facility, we would need to have your formal proposal by March 15, 1991. Your proposal should address the following issues: 1. Please advise as to the dates of your proposed races and the actual times the Stadium will be in use for racing. In addition, please advise as to any period of time during which you will require use of the Stadium to prepare for the races. Please state particularly the types, sizes and number of vehicles which will be permitted and the approximate maximum speeds to be expected. Please advise as to what noise control measures you will put in place. At the Council meeting, you agreed to provide a decibel meter at your expense. Please advise as to how you will handle crowd control and enforce the prohibition against alcoholic beverages. Room 364 Municil~al Building 215 Churc~ Avenue. S.WRoanoke~ Virginia 24011 (703) 981-2333 Donald F. "Whitey" Taylor March 1, 1991 Page 2 Please state with particularity how you will protect the spectators from iajuries, the Stadium from damage, and, specifically, how you will protect the turf of the infield· Please advise as to how you will handle park- ing and as to what arrangements you will make for the transportation of spectators who will be unable to park at the Stadium. Please advise what measures you will use to con- trol litter and how you will provide for litter pickup. Please state what national racing organizations, if any, will sanction these events. Please state how many races would be held on a particular date, and also include a general de- scription of the activities. Your proposal should be addressed to Gary N. Fenton, Manager of Parks and Recreation/Grounds Maintenance. Mr. Fenton will be your contact throughout the negotiations relating to the proposal· Please contact him if you have any questfons or comments. After we have received your formal proposal and completed any necessary negotiations as to terms and conditions of your using the Stadium, the City Attorney will proceed to develop the required license agreement· The license agreement will include indemnifica- tion, specification of types and levels of insurance and require- ment of a performance bond. The City Attorney will work with our Risk Manager in specifying appropriate insurance and bond coverage. Of course, the license agreement will need to be approved by ordinance adopted by City Council. You will be expected to pay our standard fee for use of Victory Stadium. In this regard, you will need to put in place an accounting system meeting with our approval to establish your gross receipts. In addition, you will be responsible for the standard admissions tax and any other applicable City taxes. I am sure you will want to begin to advertise your first event well in advance of its date· Therefore, we must complete our negotiations Donald F. "Whitey" Taylor March 1, 1991 Page 3 and aim to have an executed license agreement in place by April 1, 1991. Your license agreement will need to be accompanied by all applicable insurance certificates and bonds. The dates alluded to in this letter can be accelerated if written proposal is submitted earlier than required and if we quickly agree on the terms and conditions of your use of the facility. your can We look forward to working with you in the planning of these events. WRH:mcf Sincerely yours, W. Robert Herbert City Manager CC: The Honorable Mayor and Members of City Council Wilburn C. Dibling, Jr., City Attorney George C. Snead, Jr., Director, Administration and Public Safety ~.~ry N. Fenton, Manager, Parks and Recreation/Grounds Maintenance LAW OFFICES OSTER. HOUDT, FERGUSON, NATT, AHER. ON 8 AGEE ROANOKE, VIRGINIA ~-~-'~'~4.,, ~'~ 24018 r*.x NO. March 4, 1991 Mr. Gary Fenton, Manager Parks and Recreation/Ground Maintenance City of Roanoke 210 Reserve Avenue, SW Roanoke, VA 24016 RE: Proposed License Agreement/Racing at Victory Stadium Donald F. Taylor Dear Gary: As you know, £ represented Mr. Taylor in his request several years ago for permission to conduct stock car racing at Victory Stadium. This request was recently reinitiated by Mr. Taylor, and he appeared at City Council last week in an effort to obtain approval to conduct stock car racing at Victory Stadium this year. The matter was referred to the City Manager, who, by letter of March 1, 1991, requested certain information. In response to Mr. Herbert's letter of March 1, we would offer the following information. Some of this information has already been presented to various council members, but I am responding pursuant to Mr. Herbert's letter: The proposed dates for the racing would be May 27, 1991, July 5, 1991, and September 2, 1991. The rac=s wculd be conducted from 5:00 p.m. until 8:00 p.m. The gates would be open at 1:00 p.m., and we would expect all spectators to leave the premises by 9:00 p.m. On the day of the races, we would need access to the facility at approximately 7:00 a.m. in order to set up for the races, and we would anticipate being out of the premises by 11:00 p.m. In addition to the above, we would need one day (any day which would be convenient to the City) in order to test cars and insure that the proper set up of the facility can be 7 o accomplished. The purpose of this is to insure that the racing would be conducted in a safe manner. There will be six classes of vehicles. They are: Late Model Stock Cars, Modified Stock Cars, Street Stock, Mini Stock, Rookies, 3/4 T Q's. There will be six races, and there will be a maximum of 24 cars in any race. The average speed will be approximately 50 to 60 miles per hour. Ail car~ will be required to have mufflers. This is an additional requirement which is being imposed by Mr. TayYor. Mr. Taylor nas agreed ~o utilize a decibel meter at his expense in order to measure the noise level. Alcohol will not be sold on the premises. In addition, Mr. Taylor will not allow coolers in the premises. Mr. Taylor will employ off duty City Policemen and Security Guards to enforce these prohibitions and to provide security for the races. In order to protect the spectators from injuries, an eight foot chain length fence will be place in front of all seating areas. Additionally, railroad ties will encircl~ the infield to insure that the vehicles will not damage the turf. Both of these operations would be undertaken at my client's sole expense. We would use the existing parking facilities at Victory Stadium. In addition, arrangements have been made to provide shuttle bus service from Downtown Roanoke and from Towers Shopping Cen%er. It is our understanding that as part of the normal rental fee, the City provides clean up of the normal refuse at any function for which a fee is paid to use the stadium. Mr. Taylor will insure that all of the refuse and materials utilized in connection with the racing event itself will be removed at his sole expense. The United Midget Racing Association (UMRA) sanctions these events and will sanction this one. There will be six races on any particular day. They will be conducted as normal stock car race~ are conducted at small tracks. Examples of these are the existing Franklin County Speedway, and other speedways in the immediate area. Additionally, races of this nature have been conducted at Bowman Gray Stadium in Winston Salem, North Carolina for a number of years. ~hey have been very successful and an integral part of that stadium's operation. We understand the additional requirements set forth in Mr. Herbert's letter. These include: indemnification of the City, specification of types and levels of insurance, requirements of a performance bond, an accounting system which meets City approval to establish gross receipts, payment of standard admission tax and other applicable City taxes. We will be glad to meet with appropriate City officials in order to iron out these details. With best personal regards, I am, Very truly yours, OSTERHOUDT, FERGUSON, AHERON & AGEE, P.C. Edward A. Natt NATT, EAN/sai c: Mr. W. Robert Herbert City Manager Municipal Building, Room 364 215 Church Avenue, SW Roanoke, VA 24011 Mr. Whitey Taylor 282~ 4'~1 ~ll~..i~mson Road, Roanoke, VA 24012 Suite 8 R 0 A N 0 K E C I T ¥ ~ A R K S & R E C R E A T I O N 21OReserv~AvenueSW ~oanoke, Virginia 24016 703/981-2236 FAX 703/981-1287 March 14, 1991 Mr. Donald F. '*Whitey. Taylor F.C.S. Enterprises, Inc. 2S23 Williamson Road, Suite 8 Roanoke, VA 24012 RE: Racing at Victory Stadium Dear Mr. Taylor= T .Once again, thank you for taking ti~e to meet.with the City on uee~ay, Ma~ch 12, 19~1, at Victory ~t&dlum to review the existing site conditions and discuss your racing prop?sal. From our discussion we understand that you.expect to have approximately ~0,000 spectators on each race day. During the meeting, you wet? furnished with three (3) s~te plans of Victory Stadium and the parking area in order to indicpt? the locations of various race related suppor~ functions and activities.. Your written response to the following site specific questions w~11 be necessary in order to better evaluate your proposal: 1. How many.l~ps will there be per race? How and when will the qualIfications or positions be established? 2. Where will the pit area be located? 3. Will spectators be allowed in the pit area, at any time? If so, how will traffic flow be controlled? If not, how will the pit area be secured? 4. Where will the pull off areas for disabled vehicles, be located? How will the removal of disabled vehicles from the track be handled? Sm Where will the pre-race staging areas be located? w~' wtll the emergency response crews be stationed? Who make arrangemen=e for such crews to be present? What type and how _ . ~an~ of each will be employed? Whet? wi%l other saze=y devices b? located, such as fire extinguishers, and where will the device operators be stationed? Where will the eight foot spectator chain link fence be installed? How w111 ~)be anchored (a detail would be t~}~fu}~ _Whp? will be ~h. si~e an~ spacing of the po½es? a= w%%%.ne ~e. gage ana.openlng size of the mesh? Will a p, mla~le and mottom rail be installed? If so, what size? How m~ch impact forces will the fence be able to withstand? Who w~l! install and remove the fencing? Mr. Donald F. "Whitey" Taylor March 14, 1991 Page 2 11. 12. 13. 14. 15. 16. 17. How close to the fence will spectators be allowed to sit? What measures will be used to ensure the s~ectators do not get closer to the fence than they are permitted? Where will the infield railroad ties be located? What are the dimensions of the ties? How will they be anchored? What are the minimum recommended standards for race car tracks as to pavement width, passing lane size, degree of curves and especially the subsurface and pavement design? What precautions will be taken to protect the stadium fountain and National Guard Armory? If precast concrete median barriers are utilized, where will they be located? How will they be anchored? How will they be delivered and handled? How long, tall and wide are the sections (a detail would be helpful)? How much would the sections weigh? How much impact forces will the barriers be able to withstand? How will the various catch basins, wall hydrants and wall electrical boxes be protected during the races? Will the uneven and different type of surfaces adjacent to the paved track present problems particularly the recessed area along the concrete walls of the stands? Should an underground drainage pipe collapse during the event, or should other significant.problems with t~e track develop, what steps will be taken in order to continue the races and insure safety of the participants? We understand that security will provided by off duty City Police Officers and Guards from state licensed private security service firms. How many officers and guards will be employed by you? Where will they be stationed and what will be their assignments? What are the dimensions and weights of the various vehicles which will be racing? Describe in detail any requirements you may have for assistance by City forces, or use of City equipment, etc. Mr. Donald F. "Whitey" Taylor March 14, 1991 Page 3 Your response should be forwarded to Gary N. Fenton, Parks and Recreation/Grounds Maintenance. Your time and prompt attention will be appreciated. have any questions please do not hesitate to call. Manager, Should you LBV:cvs Sincerely, Lynnis B. Vernon Parks Planner cc: Edward A. Natt, Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C. W. Robert Herbert, city Manager . . George C. Snead, Director of Administration and Public Safety William X Parsons, Assistant City Attorney Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance Lauren G. Eib, Risk Management Officer H. Edwin Culp, Acting, Grounds Superintendent LAW OFFICES OSTER. HOUDT, FERGUSON, NATT, AHER. ON g AGEE P 0 BOX 20068 ROANOKE, VIRGINIA 24018 r^x NO. March 19, 1991 Mr. Gary N. Fenton, Manager Parks and Recreation/Grounds Maintenance City of Roanoke 210 Reserve Avenue, SW Roanoke, Virginia 24016 Re: Racing at Victory Stadium Dear Gary: I received Lynn Vernon's letter of March 14th together with your letter of March 18, 1991 concerning the above matter. I am going to attempt to respond to the questions raised in your March 14th letter. If you need any additional information, please let me know. Enclosed with this letter are copies of the site plan as prepared by Mr. Taylor. I hope the detail contained on this site plan is sufficient but if it isn't, please let us know and we will provide additional details. In response to the specific questions raised by you, the following information is provided: 1. There will be one 50 lap race and four 25 lap races. Qualifying will be conducted immediately prior to the race on the afternoon thereof. 2. The pit area is designated on the plat. 3. Spectators will be allowed in the pit area after all of the races are concluded. No spectators will be allowed in the pit area during the race. Traffic flow will be controlled by security and the pit area will be secured by fencing and security people. 4. The pull off areas for disabled vehicles will be located in the pit area. The removal of disabled vehicles will be handled by tow trucks. 5. The pre-race staging area will be located in the pit area. 6. The emergency response crews will be located in the pit area. My client will make arrangements for the crews to be present. There will be at least two units present on site. Other safety devices including fire extinguishers will be located at spaced intervals around the track and will be manned by employees of Mr. Taylor at said locations. 7. The eight foot spectator chain link fence will be located on the spectator areas. It will be clipped on over the existing concrete wall. The poles are 3 inch poles and there will be 8 to 10 foot spacing between the poles. The gauge and opening size of the mesh is not known at this time. No top, middle or bottom rail will be installed. The fence will be constructed in a manner so that it will be able to withstand the impact of a car striking the same. My client will be responsible and installation and removal of the fence. 8. Spectators will not be allowed to sit in the first five rows of the stands. Security people will be utilized to insure that this provision is not violated. 9. The railroad ties will be located around the edge of the pavement. They are 12 inch by 12 inch ties and are 12 feet in length. They will be anchored by spikes. 10. There are no minimum recommended standards for race car tracks. As you know, some are dirt and some are paved. The track at Victory Stadium is sufficient for the conduct of a race of this type. 11. Concrete barriers will be located around each end of the track in order to protect the surrounding property including the fountain and National Guard Armory. Their location is shown on the plat submitted herewith. The concrete barriers will be bolted together so as to provide a continuous barricade. They will not be anchored to the ground. They will be delivered and handled by Hr. Taylor's personnel. It is sFecifica!ly ~equeste~ that Mr. Taylor be allowed to use a City of Roanoke forklift in order to locate the same at the stadium. The individual sections are 3 feet tall, 12 feet long and are 2 feet wide at the base. The sections would weigh approximately 4,400 pounds each and would be able to withstand the impact of a 2 car collision. 12. The various catch basins around the stadium will not come into the race area. The wall hydrants and wall electrical boxes will be removed by Mr. Taylor's personnel prior to the race and reinstalled thereafter. This will be done under the supervision and direction of the City of Roanoke employees, if so requested. 13. The uneven and different type of surfaces adjacent to the paved area will not cause any problems with the race. It will, in effect slow the cars down somewhat. 14. In the event any significant problems arise during the race, the problem will either be corrected on the spot or the race operation will be shut down. 15. Depending on ticket sales, it is estimated that at least 15 police officers and security guards will be employed by Mr. Taylor. They will be stationed at various locations around the track, in the pit area and at the lower areas of the seating sections to insure compliance with the matters set out herein. 16. The cars which will race will have a maximum weight of 2,950. pounds. Most cars are 6 feet 6 inches wide but the length varies. 17. It is specifically requested that we be allowed to use the City of Roanoke equipment in the installation of the concrete barriers around the track. We would expect and be receptive to receipt of general assistance and guidance by Roanoke City personnel throughout the entire process. Hopefully this answers all of the questions which you have but should there be additional inquiries, please let me know. Very truly yours, OSTERHOUDT, FERGUSON, AHERON & AGEE, P.C. Edward A. Natt NATT, EAN/dle Enclosure c: Mr. Whitey Taylor Mr. X Parsons, Assistant City Attorney Mr. W. Robert Herbert, City Manager Mr. George Snead, Director of Admlni~tration and Public Safety Department of Personnel Management March 21, 1991 Mr. Donald F. Taylor F.C.S. Enterprises, Inc. 2823 Williamson Road, Suite 8 Roanoke, VA 24012 RE: Insurance Requirements for Racing at Victory Stadium Dear Mr. Taylor: As we discussed at Victory Stadium on Tuesday, March 12, 1991, if City Council grants permission for you to conduct races at Victory Stadium, the City will be requiring general liability and property insurance for the races. Property insurance is required since the City's property insurance carrier has stated that it will suspend property coverage for the race days. I have discussed with the Risk Manager at the Bowman Gray Track the insurance requiremants for their race track and was advised that the City of Winston-Salem would require general liability insurance of $5 million under these circumstances. As you know, last year we required the Joie Chitwood Thunder Show to have $3 million in general liability insurance which included bodily injury and property damage. Regarding the use of Victory Stadium for racing, the City will be requiring the following: (1) Commercial General Liability Insurance with minimum limits of $3 million combined single limits to include $5,000 medical payments. Coverage shall be on an occurrence basis from an insurance company licensed to do business in the State of Virginia with a Best Rating of A or better. (2) Property Insurance Endorsement for $100,000 to cover Victory Stadium for race days with a maximum deductible of $1,000. Coverage shall be on an occurrence basis from an insurance company licensed to do business in the State of Virginia with a Best Rating of A or better. (3) Life, Health, Accidant and Disability Insurance on all participants including drivers, pit crews and track officials with limits of at least $100,000 per person. Coverage shall be from an insurance company licensed to do business in the State of Virginia with a Best Rating of A or better. Room 207 Municipal Building, 215 Church Avenue, 5 W.: Roanoke, Virginia 24011 (703) 981-223t EQUAL OPPOR~JNI~' EMPLOYER (4) An original Certificate of Insurance reflecting the policy limits and coverages for general liability and property insurance. The certificate must "name the City of Roanoke, its officers, officials, agents, employees and volunteers as additional insureds as their interests may appear". This exact wording is required and the certificate must be in the Risk Management Office thirty (30) days before the first event. (5) A $10,000 deposit to insure performance of the terms and conditions of the License Agreement is required and must be received in the Risk Management Office thirty (30) days before the first event. This deposit may be in the form of your personal $10,000 certified check. I have spoken with a qualified insurance agent who advised that the insurance coverage described above is available. If you wish, I will provide the name of this agent to you. To prevent any negative impact to the proposed races, the above conditions will need to be met within the specified time frame. If you have any questions please do not hesitate to call. Sincerely, Lauren G. Eib Risk Management Officer LGE:tlw cc: Edward A. Nart, Esquire George C. S~ead, Director Administration and Public Safety Gary N. Fenton, Manager of Parks and Recreation William X Parsons, Assistant City Attorney LICENSE AGREEMENT THIS AGREEMENT is made this -- day of 1991, between CITY OF ROANOKE, VIRGINIA, hereinafter referred to as "City,,, and Donald F. Taylor, Virginia, Roanoke, 24012 hereinafter 2823 Williamson Road, Suite 8, referred to as 'Licensee · WI TNEs S ETR IN CONSIDERATION of the mutual Covenants Contained in this Agreement, City and Licensee agree as follows: 1. ~: City grants to Licensee permission to Use Victory Stadium and adjoining parking lot, hereinafter referred to as "Preml ses" . 2. Pur_~_~_~: Subject to the terms and conditions contained herein Licensee shall be permitted to use Premises for the sole purpose of conducting automobile racing on three (3) separate dates, each date hereinafter referred to individually as an "Event". Each Event shall consist of not more than six (6) automobile races per day with a maximum of twenty-four (24) cars per race. One of the races shall consist of fifty (50) or fewer laps, and the remaining races shall consist of twenty-five (28) or fewer laps. The maxi- mum Weight of any race vehicle shall not exceed 2,950 pounds. 3. Use Da~: Licensee shall have use of the Premises on the following use days: May 27, 1991, July 5, 1991, and September 2, 1991. Licensee's use of the Premises shall begin at 7:00 a.m. and shall terminate at 11:00 p.m. of each such day. The parking lot and Stadium shall be open to the public not earlier than 1:00 p.m. No race shall begin before §:00 p.m., and all racing shall be con- cluded by 8:00 p.m. 4. ~ee Terms~ Expenses and Char~ee: Licensee shall pay to City the following fees for each day listed above: Eight percent (8%) of gross receipts, less admissions taxes collected, or a minimum of $200.00 per Event, whichever is greater, as rental fee, plus an additional fee of $550.00. 5. ~ayment and Settlement: At least thirty (30) days prior to the first use day, Licensee shall pay to City as an initial deposit $10,000.00 by certified check or cash. Such deposit shall be retained by the City until ten (10) days after the last sche- duled use day. Licensee further agrees that City shall be entitled, in City's sole and exclusive discretion, to deduct payment of any amount owed by Licensee to City or any amount deemed to be owed by Licensee to any person or firm providing security or ticket- handling services from the Gross Receipts of the Event or from the initial deposit prior to any determination of any amount to be disbursed to Licensee. Should the initial deposit be reduced as a result of any deduction in accordance with this paragraph, at least thirty (30) days prior to the next use day, Licensee shall pay to the City an amount sufficient to restore the amount of deposit to $10,000.00. 0. Non-Compliance with Terms or Cancellation h~ Licenser: At least thirty (SO) days prior to each use day, Licensee shall provide to the City the initial deposit or any amount required to restore the full initial deposit, as appropriate; insurance certificates evi- dencing coverages required by paragraph 7 through the use date; security plan acceptable to City; proof of employment of security personnel; parking plan acceptable to City; and proof of arrange- ments for over-flow parking. Time is of the essence of this paragraph. In the event that Licensee shall fail to comply with the terms of this paragraph or the City should determine that a reasonable basis exists for concluding either that there has been a default, non-performance or breach of any of the warranties, terms or conditions of this Agreement by Licensee or that Licensee has abandoned or cancelled the Event, City shall have sole and complete discretion to declare the Event to be cancelled and City shall be authorized to retain Licensee's initial deposit as liquidated damages. Licensee shall also pay on demand to City any expenses incurred by City in con- nection with such a cancelled Event. City's exercise of its rights hereunder shall not prejudice its exercise of other rights and remedies as to Licensee with respect to such a cancelled Event. Insurance: sion of the Licensee shall obtain and maintain, until the conclu- last use day, the following insurance coverage with respect to claims and damages arising out of the subject matter of this Agreement: A. Commercial General Liability Insurance with minimum limits of Three Million Dollars ($3,000,000.00) combined single limit to include Five Thousand Dollars ($5,000.00) medical payments. B. Property Insurance Endorsement with replacement value endor- sement for One Hundred Thousand Dollars ($100,000.00) with a maximum deductible of One Thousand Dollars ($1,000.00) to cover property damages to City facilities. C. Life, health, accident and disability insurance on all par- ticipants including drivers, pit crews and track officials, 3 with limits of at least One Hundred Thousand Dollars ($100,000.00) per person. Each policy shall be an "occurrence" type policy from an insurance company licensed to do business in the State of Virginia with a Best Rating of A or better. Licensee shall name City, its offi- cers, agents, employees and volunteers as additional insureds as their interests may appear on the general liability policy and the property endorsement. Licensee shall furnish the City at least thirty (30) days prior to each use day certificates and policy declaration pages evidencing the required insurance coverage and expressly providing that such coverage shall not be cancelled or materially altered except after thirty (30) days prior written notice of such cancellation or material alteration to City, c/o Risk ~anagement Officer, Room 207 Municipal Building North, Roanoke, Virginia, 24011. In the event that proper evidence of such insurance is not so provided to the City, City reserves the unqualified riEht to deny Licensee use of the Premises and/or to cancel the Event in accordance with paragraph 6 above. Indemnification and Allocation of Risk: Licensee agrees to be responsible for and pay, indemnify and hold harmless City, its officers, agents and employees against any and all loss, cost or expense, including reasonable attorneys' fees, resulting from any claim or legal action of any nature whatsoever, whether or not reduced to a jud§ment, for any liability of any nature whatsoever that may arise against City in connection with the Event or in connection with any of the rights and privileges granted by City to Licensee in this Agreement, including, without limitation, 4 personal injury, wrongful death or property damage claims, any patent, trademark, franchise, copyright, libel or defamation claim or suit and any claim or suit based upon Licensee,s or Licensee,s agents', servants,, employees, or invitees, intentional or negligent acts or omissions. Licensee further warrants that all copyrighted materials to be performed during the Event have been duly licensed or authorized by their copyright owners and Licensee agrees to be responsible for all license and royalty fees incurred by reason of the performance and, in addition to any provisions contained elsewhere in this Agreement, to indemnify and hold City harmless from any and all claims, loses or expenses incurred with regard thereto. Receipt and Storage of equipment or property by City for Licensee shall not be permitted unless authorized in writing by the Manager of the Department of Parks and Recreation, and any such Storage shall be at the Licensee,s sole expense and risk. Licensee agrees to hold City harmless for any damage to or loss of any property of the Licensee, however such damage or loss shall occur, including, without limitation, damage due to City's negligence. 9. Compliance with Laws and Re~ulation,~: Licensee shall comply with all laws, ordinances and regulations adopted or established by federal, state or local governmental agencies or bodies and with all City rules and regulations applicable to the Premises, and Licensee shall require that its agents, employees, contractors or subcontractors do likewise. 10. Licenses amd Permit~: Licensee shall pay promptly all applicable taxes and fees and obtain all licenses or permits for use of the 5 11. has complied with all of of this Agreement. Premises as required by federal, state or local laws and ordinances and Licensee shall provide evidence of compliance with such federal, state and local laws and ordinances upon demand therefor by City. Tickets and Ticket Office: City shall be responsible for all ticket sales, and Licensee shall bear the expense of printing the tickets. If requested by Licensee in writing thirty (30) days prior to each Event, City shall provide for advance ticket sales at the Roanoke Civic Center, and Licensee shall pay the standard fee charged by the City. No tickets shall be sold until Licensee the reqirements set forth in paragraph 6 12. Event Requirements: Without the prior approval of City, Licensee shall not bring onto the Premises any material, substance, equip- ment or object which may endanger the life of, or may cause bodily injury to any person on the Premises or which may constitute a hazard to property thereon as reasonably determined by City. City reserves the right, in City's sole and complete discretion, to refuse to allow any such material, substance, equipment or object to be brought onto the Premises and the further right to require its immediate removal therefrom. Licensee shall provide City at least thirty (30) days before the Event with a full and detailed outline of all Event requirements. 13. Basic Facilities: In addition to use of the Premises, City shall provide to Licensee for the Event at City's expense available lighting for use of the stadium. All other services, including provision of personnel, shall be at the expense of Licensee. City retains the right and power to specify the maximum and minimum 6 number of personnel utilized by Licensee, including, without limitation, stage hands, ushers, ticket sellers, ticket takers, and admission attendants, at the expense of Licensee. 14. Emergency Medical Services: Licensee shall provide, at his expense, two emergency medical squad crews plus appropriate equip- ment and safety devices during each Event. 15. Utllit~ Connection: Subject to prior written approval of the City, installation or alteration of electricity, gas, plumbing, storm drainage or other utilities shall be undertaken by and at the expense of Licensee using contractors approved in writing by City, which approval shall not be unreasonably withheld. At City's request, Licensee shall restore to pre-Event condition any utilities which are installed or altered. All such connections and related work, including restoration, will be at the expense of the Licensee, including any related costs incurred by City. 16. Food and Merchandise Sales: Food and beverages shall be served only through City or City's duly licensed concessionaire. City may, during the term of this Agreement, authorize Licensee to sell brochures, booklets, programs, novelties or other such material at areas of the Premises designated by City at a charge of fifteen percent (15~) of the receipts, less applicable sales taxes, of such sales. 17. Control of Facility and Right to Enter: In permitting the use of the Premises, City does not relinquish the right to enforce all necessary and proper rules and laws for the management and operation of the Premises and the safety of the public. Duly authorized representatives of City may enter the Premises at any time and on 7 any occasion without restriction, for the enforcement of any such rules and laws. City reserves the .right to remove or cause to be ejected from the Premises any person engaging in dangerous, unsafe or illegal conduct and neither City nor its agents, officers or employees shall be liable to Licensee for any damages that may be incurred by Licensee as a result of the exercise by City of such right. City reserves and maintains the absolute right to stop or prevent the Event and evacuate the Premises, where in City's sole and exclusive discretion such action is required for public safety, without any liability on the part of City. No spectators shall be allowed to exit the premises and return without purchase of an additional ticket. 18. Action in Public Interest: Licensee agrees that it is the policy of City to serve the public in the best possible manner and Licensee agrees that it, its employees and agents shall at all times cooperate with City in effecting this policy and maintaining the public faith. 19. Agreement to Quit Premises; Dam. ge to Premis®~: Licensee agrees to quit the Premises at the conclusion of each use day and, sub- ject to the terms of this paragraph, leave the Premises and any other City property in the same condition as at the commencement of the Event. Notwithstanding the condition of the Premises or other City property at the commencement of the Event, Licensee shall pay on demand to City as an expense the full cost of repairing to good condition or restoring to good condition the Premises or any other City property deemed by City in its sole and complete discretion to have been damaged as a result of or arising out of Licensee's use of the Premises. Licensee specifically agrees that he will be responsible for any damage sustained by the track, infield or stadium as determined by the City. 8 Licensee shall remove all of his materials including the facility and spectator protective items from the Premises within 24 hours after the termination time of each Event. After such time, City may remove at the expense of Licensee all materials remaining on the Premises. Licensee shall be responsible for payment of storaEe costs for such material and City shall in no way be responsible for and Licensee agrees to hold City harmless for loss, damage or claims with respect to material removed or stored under the terms of this Agreement. 20. Assi~nment: Licensee shall not assign or transfer any right or interest under this Agreement, including, without limitation, the right to receive any payment, without City's prior written approval of satisfactory evidence of such assignment and Licensee agrees that any such assignment without prior written approval of City shall be null and void. 21. Notice: Notice to City required or permitted by this Agreement shall be sent by certified mail, return receipt requested, to City of Roanoke c/o Manager, Department of Parks and Recreation/Grounds Maintenance, 210 Reserve Avenue, S.W., Roanoke, Virginia, 24016. Notice to Licensee required or permitted by this Agreement may be hand-delivered or sent by regular mail or certified mail, return receipt requested, to Licensee's address as set out in the first paragraph of this Agreement. Notice transmitted in accordance with this paragraph shall be deemed received upon mailing. 22. Relationship to Other P&rtie~: It is not intended by ANY of the provisions of ANY part of this Agreement to confer a benefit upon any other person or entity not a party to this Agreement or to 9 authorize any person or entity not a party to this Agreement to maintain a suit pursuant to the terms or provisions of this Agree- ment, including, without limitation, any claim or suit for personal injuries, property damage or loss of profits or expenses. 23. Default by City: In the event of any default, non-performance or breach of any of the terms or conditions of this Agreement by City, Licensee agrees that City's liability hereunder shall be limited to repayment of any amount of deposit or rent previously paid to City by Licensee under this Agreement, less any applicable expenses incurred by the City. 24. Governing Laws: This Agreement shall be construed and enforced under the laws of the Commonwealth of Virginia. 25. Separate Provisions: If any provision of this Agreement should be held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 26. Complete Agreement: This Agreement constitutes the final, complete and exclusive statement of the terms of the understanding between City and Licensee. All terms and conditions of this Agreement shall be binding upon City and Licensee, their heirs, successors or assigns, and cannot be modified by any oral repre- sentation or promise of any agent or other representative of either City or Licensee. This Agreement may be modified only by written instruments properly executed by City and Licensee. 27. Security: Licensee shall provide at his expense off-duty City police officers and security guards employed by a private security 10 services business licensed by the Department of Commerce of the State of Virginia to provide security and crowd control. At least thirty (30) days prior to each use day, Licensee shall provide the City with a written security plan which shall indicate the number and employment category of all security personnel to be used at the Event. At such time, Licensee shall present proof, satisfac- tory to the City, of the employment of such police officers and security guards. Private security guards shall have no authority to engage in law-enforcement activities or perform security ser- vices off the Premises. If the City, at its sole discretion, should determine that such plan is, for any reason, inadequate, Licensee agrees to provide such additional security personnel as the City may require. Approval of the security plan by the City shall constitute concurrence in the minimum number of personnel to be employed, but such concurrence will not relieve Licensee of his primary responsibility for determining and providing adequate security forces. 28. Acknowledgment bi Licenseel Facility and Spectator Protection: Licensee acknowledges that the Facility was not designed or constructed for automobile racing and that the City makes no representation or warranty of any kind whatsoever regarding the suitability of the Facility for such use. Licensee agrees that he has examined and inspected to his satisfaction the conditions of the stadium and parking lot. Licensee accepts the Premises AS IS. Licensee shall, at his expense, provide and install, in a manner adequate to protect spectators, an eight foot high chain link wheel fence, concrete barricades and railroad ties, subject to prior 11 written approval of the City. No spectator shall be allowed in the first five (5) rows of the stands. No spectator will be allowed in the pit area while racing is being conducted. 29. Parking: The parking lot adjacent to the stadium will be open to the public without charge on each use day. At least thirty (30) days prior to each use day, Licensee shall provide the City with a written plan for handling over-flow parking at Licensee's sole expense and shall present proof, satisfactory to the City, of the arrangements therefor. 30. Access to Premises for Testing and Set-Up: At a date and time acceptable to Licensee and the City, Licensee shall have one-time access to the premises for testing the facilities and equipment to be used during the Event. Should Licensee require access to the Premises prior to any use day for purpose of setting up equipment or otherwise, Licensee shall make written request to the City at least ten (10) days in advance. Licensee shall pay the City $200.00 for access on each such day of testing or set-up. 31. Alcoholic Beverages: Alcoholic beverages will not be permitted in the stadium. Licensee shall take all reasonable measures to ensure that no alcoholic beverages are brought into the stadium. 32. Noise Control: All automobiles used for racing shall be equipped with mufflers. Licensee warrants and agrees that the noise generated by the Event will not unduly disturb neighboring premi- ses. Licensee shall provide a decibel meter or other sound measuring device and a technician to measure sound levels generated by the Event. Measurements shall be made at locations and times designated by the City. An agent of the City shall have the right to observe and record readings. 12 33. Release of Liabilit[: As a condition of and prior to allowing any person to participate as a driver, pit crew member, or track offi- cial, Licensee shall require each such person to execute a release of liability agreement whereby such person agrees to release the City, its officers, agents, employees and volunteers from any liability whatsoever arising out of participation in the Event. The form of the agreement shall be approved by the City Attorney. 34. City's Option to Cancel A~reement: The City reserves the right, in its sole and complete discretion, with or without cause, to cancel this Agreement at any time after completion of the first Event by providing written notice of cancellation to the Licensee at least twenty-one (21) days prior to the second or third Event, as appropriate. Should City exercise its right to cancel, this Agreement shall terminate, City shall refund to Licensee the remaining amount of his initial deposit, less any authorized deductions, and the Licensee shall have no further right, claim or interest under this Agreement. Licensee's right to refund of deposit, less authorized deductions, constitutes Licensee's sole and exclusive right or remedy in the event City shall cancel the Agreement in accordance with the terms of this paragraph. 35. Advertising: Licensee shall not use the name or logo of the City or Department of Parks and Recreation in advertising or promoting the Event. Witness Donald F. Taylor Attest: City of Roanoke, Virginia By City Clerk City Manager/Assistant City Manager 13 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK April 10, 1991 SANDRA H. EAKIN Deputy C;ty Clerk File #24A-1 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear qr. Herbert: I am attaching copy of Ordinance No. 30461-40891 amending and reordaining subsection (a) of §2-179, Investment of surplus funds, Code of the City of Roanoke (1979), as amended, enu- merating securities in which City funds in excess of those required for immediate payment ~ay be lawfully invested. Ordinance No. 30461-40891 was adopted by the Council of the City of Roanoke on first reading on Monday, April i, 1991, also adopted by the Council on second reading on Monday, April 8, 1991, and will take effect ten days following the date of its second reading. Sincere ly ~~ Mary F. Parker, CMC/AAE City Clerk MFP : ra Eric. pc: The Honorable Roy H. Willett, C~ief Judge, Circuit Court The Honorable Clifford R. ~eckstein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Kenneth E. Trabue, Judge, Circuit Court 305 East Main Street, Salem, Virginia 24153 The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 The Honorable Philip Trompeter, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations District Court Mr. ~. Robert Herbert April 10, 1991 Page 2 The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Julian B. Raney, Jr., Judge, General District Court The Honorable Richard C. Pattisal, Judge, General District Court The Honorable Donald S. Caldwell, Co~onwealth's Attorney The Honorable Patsy Testerman, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court The Honorable Gordon E. Peters, City Treasurer Hr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel Mo Schlanger, Director of Finance Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virgi ia Building, Roanoke, Virginia 24011 Hr. Bobby D. Casey, Office of the ~agistrate, P. 0. Box 13867, Roanoke, Virginia 24037 Ms. Clayne ~. Calhoun, Law Librarian Hr. Robert L. Laslie, Vice President Supplements, Municipal Code Corporation~ P. 0. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF The 8th Day of April, 1991. No. 30461-40891. ROANOKE, VIRGINIA, AN ORDINANCE amending and reordaining subsection (a) of §2-179, Investment of surplus funds, Code of the City of Roanoke (1979), as amended, enumerating securities in which City funds in excess of those required for immediate payment may be lawfully invested. BE IT ORDAINED by the Council of the City of Roanoke that subsec- tion (a) of §2-179, Investment of surplus funds, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §2-179. Investment of surplus funds. (a) Whenever the director of finance shall determine and report to the city investment committee that there is on hand in the city treasury funds or cash resources in excess of the city's requirements for immediate payment, such funds and cash resources, other than sinking funds, may be invested in the name of the city in the following securities which are and shall be considered lawful in- vestments: (1) Obligations of the Commonwealth. - Stocks, bonds, notes, and other evidences of in- debtedness of the Commonwealth of Virginia, and those unconditionally guaranteed as to the payment of principal and interest by the Commonwealth of Virginia. (2) Oblisations of the United States~ etc. - Stocks, bonds, treasury notes and other evidences of indebtedness of the United States, including the guaranteed portion of any loan guaranteed by the Small Business Administration, an agency of the United States government, and those unconditionally guaranteed as to the payment of principal and interest and bonds of the District by the United States; of Columbia, and (3) bonds and notes of the Federal National Mort- gage Association and the Federal Home Loan Banks, and bonds, debentures or other simi- lar obligations of federal land banks, federal intermediate credit banks, or banks of cooperatives, issued pursuant to acts of Congress, and obligations issued by the United States Postal Service when the princi- pal and interest thereon is guaranteed by the government of the United States. The evi- dences of indebtedness enumerated by this paragraph may be held directly or in the form of securities of any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, provided that the portfolio of such invest- ment company or investment trust is limited to such evidences of indebtedness. Qbli~ations of vir$inia counties~ cities~ etc.- Stocks, bonds, notes and other evidences of indebtedness of any county, city, town, dis- trict, authority or other public body in the Commonwealth of Virginia upon which there is no default; provided, that if the principal and interest be payable from revenues or tolls and the project has not been completed, or if completed, has not established an operating record of net earnings available for payment of principal and interest equal to estimated requirements for that purpose according to the terms of the issue, the standards of judgment and care required in §28-45.1, Code of Virginia (1950), as amended, without reference to this section, shall apply. In any case in which an authority, having an established record of net earnings avail- able for payment of principal and interest equal to estimated requirements for that pur- pose according to the terms of the issue, issues additional evidences of indebtedness for the purposes of acquiring or constructing additional facilities of the same general character that it is then operating, such additional evidences of indebtedness shall be governed fully by the provisions of this sec- tion without limitation. (6) (7) (4) (5) Oblisations of International Bank, Asian Development Bank and African Development Bank. - Bonds and other obligations issued, guaranteed or assumed by the International Bank for Reconstruction and Development, by the Asian Development Bank or by the African Development Bank. Savinss accounts and certificates. - Savings accounts and certificates of savings institu- tions which are under Commonwealth supervi- sion, and of federal institutions located in this Commonwealth and organized under the laws of the United States and under federal supervision. Such deposits shall not ex- ceed the amount insured by the Federal Deposit Insurance Corporation or other federal insurance agency, unless such de- posits in excess of the amount insured shall be fully collateralized by eligible collateral as defined in S2.1-360(e), Code of Virginia (1950), as amended, by Government National Mortgage Association Pass-through Certifi- cates, by Federal National Mortgage Associa- tion Guaranteed Pass-through Certificates, by Federal Home Loan Mortgage Corporation Par- ticipation Certificates or secured as pro- vided by the Virginia Security for Public Deposits Act (S2.1-359, et. seq., Code of Virginia (1950), as amended). No such deposit shall be made for any one period in excess of five (5) years. Demand and time deposits and certificates of deposit. - Demand and time deposits and certificates of deposits of national banks located within this Commonealth and of state- chartered banks provided that such deposits are secured as provided by law, and further provided that no such deposit shall be made for any one period in excess of five (5) years. Such deposits shall not exceed the amount insured by the Federal Deposit Insur- ance Corporation or other federal insurance agency, unless such deposits in excess of the amount insured shall be fully collate- ralized as required by subsection (5) above for savings accounts and certificates. Bankers' acceptances. - Domestic bankers' acceptances from "prime quality" institu- tions. "Prime quality" shall mean a rating of B/C or better in the Keefe, Bruyette & Woods, Inc. ratings. (8) (9) (10) Commercial paper. - "Prime quality" commer- cial paper, with a maturity of 270 days or less, of issuing corporations organized under the laws of the United States, or of any state thereof including paper issued by banks and bank holding companies. "Prime quality" shall be as rated by the Moody's Investors Service, Inc., within its NCO/Moody's rating of prime 1 and by Standard & Poor's, Inc., within its rating of A-1 or by their corporate suc- cessors, provided that at the time of any such investment: i. The issuing corporation, or its guaran- tor, has a net worth of at least fifty million dollars; and ii. The net income of the issuing corpora- tion, or its guarantor, has averaged three million dollars per year for the previous five years; and iii. All existing senior bonded indebted- ness of the issuer, or its guarantor, is rated "A" or better by Moody's Investors Service, Inc., and Standard & Poor's, Inc. Not more than thirty-five percent of the total funds available for investment may be invested in commercial paper, and not more than five percent of the total funds available for investment may be invested in commercial paper of any one issuing corporation. Overnisht~ term and open repurchase a~reements. - Overnight, term and open repurchase agree- ments which are collateralized by United States Treasury agency securities. Such collateral shall, at all times, be no less than 110% of the value of term and open repurchase agree- ments and 102% of the value of overnight repurchase agreements. Certificates representin$ treasury bond prin- cipal or coupons. - Certificates representing ownership of either treasury bond principal at maturity or its coupons for accrued periods. The underlying United States Treasury bonds or coupons shall be held by a third-party inde- pendent of the seller of such certificates. (11) (12) (13) Securities lendin$. - Securities lending from the portfolio of investments of which the city has custody and control. Such lending shall comply with guidelines promulgated by the State Treasury Board. Money market funds. - One or more open-end investment funds, provided that the funds are registered under the Securities Act (S13.1- 501 e__~t seq.) of the Commonwealth of Virginia or the Federal Investment Co. Act of 1940, and that the investment of such funds is restric- ted to investments otherwise permitted by law as set forth in Chapter 18 (§2.1-327 et seq.) of Title 2.1, Code of Virginia (1950), as amended. Corporate notes. High quality corporate notes with a rating of at least Aa by ~oody's Investors Service, Inc., and a rating of at least AA by Standard and Poors, Inc., and a maturity of no more than five (5) years. ATTEST: City Clerk. April 1, 1991 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger, Director of Finance Gordon E. Peters, Treasurer Cash Management Background The cash resources of all funds in excess of the City's requirements for immediate payments may be invested in securities of the United States, or in securities of agencies of the United States which are fully guaranteed by the United States, in bonds of the City and in interest bearing certificates of deposit in any bank qualified under the Virginia Security for Public Deposits Act (Section 2-179, Code of the City of Roanoke (1979), as amended). This section of the Code has not been amended since July 6, 1976. The investment vehicles provided by financial markets have been substantially expanded. The Code Chapter 18, "Investment of Public 3, "Investments" of Title 26 have of Virginia (1950), as amended, Funds" of Title 2.1 and Chapter authorized expanded investment opportunities for political subdivisions of the Commonwealth. In our opinion, the Code of the City of Roanoke (1979), as amended, needs to be amended to authorize the City of Roanoke to participate in the investment opportunities that have been provided by the Code of Virginia (1950), as amended. "Short-term Cash Management Investment Policy Guidelines" were developed using the Code of Virginia (1950), as amended (Copy attached). Honorable Mayor and Members City Council April 1, 1991 Page 2 Current Situation The City Treasurer, Director of Finance and their respective staffs invest idle cash for periods of overnight, 30 days, 60 days, 90 days and up to one year. For the year ended June 30, 1990 total interest earned from short-term investments was $2,821,000. Total invested balances ranged from a low of $21,000,000 to a high of $44,000,000. Interest rates on short-term investments during the past two years have decreased more than 4 percent and the number of financial institutions qualified to accept investments of public deposits have declined with each merger or closing. The expertise and technology available to capitalize on falling and rising interest rates requires the flexibility of expanded investment vehicles, professional training and knowledge, and sole dedication to the art of investing. We have reviewed in detail the advantages and disadvantages of creating an internal position responsible for investment purchases or contracting with a third party. The initial start-up cost of providing equipment and software would prohibit the establishment of an internal position. The City of Roanoke's Pension Plan in 1982 began using professional money managers and has an excellent historical performance record. The use of professional money managers in our opinion would provide an opportunity to increase interest income from short-term investments. In order to maximize and be in a position to increase interest income, the investment vehicles available to the City should be expanded. Honorable Mayor and Members City Council April 1, 1991 Page 3 Recommendation Amend Section 2-179, Code of the City of Roanoke (1979), as amended, to authorize the following investments for short-term cash: Bonds, Notes and other evidence of indebtedness of the State of Virginia. Bonds, Notes and other direct obligations of the United States and securities unconditionally guaranteed as to the payment of principal and interest by the United States, or any agency thereof. Bonds, Notes and other evidence of indebtedness of any county, city, town, district, authority, or other public body of the State of Virginia. Bonds or other obligations issued, guaranteed, or assumed by the International Bank for Reconstruction and Development, and the Asian Development Bank. Savings accounts, or time deposits, in any bank or savings and loan association within the State of Virginia, provided such bank or savings and loan association is approved for the deposit of other funds of the State of Virginia or other political subdivision thereof. Domestic bankers' institutions rated Woods, Inc. ratings. acceptances from "prime quality" B/C or better in the Keefe, Bruyette & "Prime Quality" commercial paper issued by corporations. "Prime Quality" will be rated no Standard and Poor's A-1 and Moody's P-1. domestic lower than Certificates of Deposit and Time Deposits of Virginia banks and savings and loan institutions federally insured to the maximum extent possible, and/or collateralized up to 100% for the amount of the deposit in excess of federal insurance coverage. Overnight, Term or Open Repurchase Agreements with Virginia banks acting as principal or agent, collateralized by U. S. Treasury Agency Securities. The collateral will, at all times, be no less than 110% of the value of the Open and Term Repurchase Agreements and no less than 102% of the Overnight Repurchase Agreements. Honorable Mayor and Members City Council April 1, 1991 Page 4 Investment in certificates representing ownership of · treasury bond principal at maturity or its coupons for accrued periods. Note: This is the State Code's version of stating that zero coupon government securities are legal. Securities lending (Reverse Repurchase Agreements). Investment of certain public monies in money market funds that corresponds to these investment policies. Investment in Corporate notes and bonds. The City Attorney has reviewed and analyzed each of the investment options proposed for short-term cash, and concludes that each of the investment options are lawfully authorized for municipal corporations in Virginia. We also recommend that you concur in our request to issue a "Request for Proposal" (RFP) for short-term cash manager. (Copy of RFP attached). The proposals received will be reviewed and evaluated under the competitive negotiation procedure with final recommendation submitted to City Council for their approval. INVESTMENT POLICY GUIDELINES CITY OF ROANOKE, VIRGINIA SHORT-TERM CASH MANAGEMENT INVESTMENT POLICY GUIDELINES TABLE OF CON'f~NTS Page Introduction ................................................ Fiduciary Duties ........................................... Investment Policies and Objectives ......................... Investment Performance Measurement ......................... Communications ............................................. Acknowledgement ............................................ Glossary ................................................... State Code of Virginia ..................................... Roanoke City Code .......................................... 1 2 3 6 6 6 8 10 18 INTRODUCTION The purpose of this statement is to outline a general framework within which an investment manager of the City of Roanoke is expected, and directed, to exercise investment judgment to structure a short-term portfolio mix. Specifically, this statement of investment policies and objectives is set forth in order to: Provide a clear understanding, on the part of the City and the investment manager, of the investment policy and objectives for the funds under management. e Provide, for the investment manager, the guidance and limitations expressed by the City for the management of these funds. 3. Establish a basis for evaluation of the investment manager. To facilitate a proper analysis comparing performance of the investment manager with the competing alternatives in the industry, within the universe of investment managers employing similar investment methodologies and seeking similar investment objectives. It is intended that the philosophy and guidelines stated herein will be meaningful enough to guide the investment manager toward the performance desired, yet flexible enough to allow the achievement of the objectives outlined. INVESTMENT MANAGEMENT SOURCE The City is responsible for the investment of the assets of the short-term cash fund. To assist the City in this function, City Council has authorized appointment of an investment manager or managers, registered under the Investment Advisor Act of 1940, to manage (including the power to acquire and dispose of) any of the fund assets. The management of the fund assets and the responsibility for investment decisions are delegated to the investment manager. The investment manager will have complete discretion within the framework established by this statement. Accordingly, the City requires adherence to all federal laws as now apply, or may apply in the future, with particular attention to the fiduciary duties established by the Code of Virginia and the Code of the City of Roanoke. As a result of the appointment of the investment manager, the City is relieved of certain liabilities for the acts or omissions of such investment manger, and of any obligation to 1 INVESTMENT MANAGER SOURCE - continued invest or otherwise manage any asset of the fund which is subject to the management of the investment manager· FIDUCIARY DUTIES The City requires that the investment manager must acknowledge, in writing, acceptance of fiduciary responsibility for the management of fund assets. The investment manager is charged with using the care, skill, prudence and diligence under the circumstances prevailing that a prudent man would use in managing the fund under similar circumstances. An investment manager satisfies this "prudent man rule" when he gives appropriate consideration to those facts and circumstances that, given the scope of his investment duties, he knows or should know are relevant to the particular investment course of action. The investment manager must diversify the investments of the fund so as to minimize the risk of losses, unless under circumstances it is clearly prudent not to do so. Finally, the investment manager must discharge his duties in accordance with documents and instruments governing the fund. In addition to the fiduciary responsibilities listed above, the investment manager shall not: Deal with the assets of the fund in his own interest or for his own account. o Act in any capacity in any transaction involving the fund on behalf of a party (or represent a party) whose interest are adverse to the interests of the fund. Receive any compensation for his own personal account from any party dealing with the fund in connection with a transaction involving the assets of the plan. Invest any assets of the fund outside the jurisdiction of the district courts of the United States. SAFETY OF PRINCIPAL It is believed that the criterion of safety for principal should be imposed on each portfolio commitment. Also, the portfolio taken as a whole must be structured over the long-term with an intent first, to conserve principal, second, to provide liquidity, and third, to enhance capital value. LIQUIDITY Since requirements for cash withdrawals constantly change, no attempt is made herein to outline these conditions. However, the funds should be managed in such a manner to provide reasonable liquidity for unforeseen contingencies, or contingencies as shall be defined periodically by the City and communicated in writing to the Investment Manager. INVESTMENT POLICIES The assets of the portfolio will be allocated between cash equivalents and selected fixed income securities as authorized by the Code of Virginia and the Code of the City of Roanoke (see attached). Authorized investments are summarized as follows: Bonds, Notes and other evidence of indebtedness of the State of Virginia. Bonds, Notes and other direct obligations of the United States and securities unconditionally guaranteed as to the payment of principal and interest by the United States, or any agency thereof. Bonds, Notes and other evidence of indebtedness of any county, city, town, district, authority, or other public body of the State of Virginia. Bonds or other obligations issued, guaranteed, or assumed by the International Bank for Reconstruction and Development, and the Asian Development Bank. Savings accounts, or time deposits, in any bank or savings and loan association within the State of Virginia, provided such bank or savings and loan association is approved for the deposit of other funds of the State of Virginia or other political subdivision thereof. Domestic bankers' acceptances from "prime quality" institutions rated B/C or better in the Keefe, Bruyette & Woods, Inc. ratings. "Prime Quality" commercial paper issued by domestic corporations. "Prime Quality" will be rated no lower than Standard and Poor's A-1 and Moody's P-1. Certificates of Deposit and Time Deposits of Virginia banks and savings and loan institutions federally insured to the maximum extent possible, and/or collateralized up to 100% for the amount of the deposit in excess of federal insurance coverage. Overnight, Term or Open Repurchase Agreements with Virginia banks acting as principal, custodian, or agent collateralized by U. S. Treasury Agency Securities. 3 The collateral will, at all times, be no less than 110% of the value of the Open and Term Repurchase Agreements and no less than 102% of the Overnight Repurchase Agreements. Jo Investment in certificates representing ownership of treasury bond principal at maturity or its coupons for accrued periods. Note: This is the State Code's version of stating that zero coupon government securities are legal. K. Securities lending (Reverse Repurchase Agreements). Investment of certain public monies in money market funds that corresponds to these investment policies. M. Investment in Corporate notes and bonds. The foregoing is a summary of legally authorized investment options only. The investment manager shall carefully review and comply with Section 2-179, Code of the City of Roanoke (1979), as amended, and the Code of Virginia as to investments for municipal corporations. Issues shall be evaluated, and shall be selected on the basis of sound financial conditions, liquidity, marketability, and reasonable prices. Volatility of market value and annual income shall be minimized through diversification of assets and through the selection of soundly valued marketable securities on a timely basis. ASSET ALLOCATION GUIDELINES The investment manager of this short-term cash fund can allocate the funds as he chooses between the various types of investments as authorized by the State Code and the Code of the City of Roanoke to achieve the objectives of the fund. With respect to the asset allocation percentages adopted as guidelines by the City, a balance above the percentages shall not be a violation of the policy unless it is the direct and immediate result of voluntary action in the portfolio. Any excess resulting from involuntary action (such as price appreciation) may be adjusted as market conditions and the outlook for the securities dictate. CASH EQUIVALENTS GUIDELINES The cash equivalent portion of the portfolio may be invested in the cash equivalent investments listed in this document and by the Code of Virginia and the Code of the City of Roanoke (See attachment). Holdings are subject to the following credit limitations: 4 1. Domestic Bankers' Acceptances: Domestic banks will be rated no lower than: Keefe, Bruyette & Woods B/C. 2. Commercial Paper: Commercial paper notes of domestic corporations will be rated no lower than: Standard & Poor's A-1 and Moody's P-1. No more than 35% of the total fund can be in commercial paper. 3. International Bankers' Acceptances: International banks must be rated no lower than: Keefe, Bruyette & Woods Peer Group II/III; Keefe, Bruyette & Woods Dollar Access II/III. 4. No issue shall constitute more than 5 percent of the total value of the portfolio, except United States Treasury and Federal Agency obligations. 5. Certificates of Deposit; no issuers obligations shall exceed the maximum limit of FDIC insurance or other Federal insurance programs. FIXED INCOME GUIDELINES The fixed income portion of the portfolio may be invested in the fixed income investments listed in this document, and by the Code of Virginia and authorized by the Code of the City of Roanoke (See attachment). Holdings are subject to the following credit limitations: 1. Corporate and Municipal bonds (excluding convertible debentures) shall be limited to publicly issued items, rated AA or better by Standard and Poor's and/or Aa by Moody's. The maximum maturity for any single Corporate issue may not exceed five years. 2. No single industry group, as defined by Standard and Poor's, shall constitute more than 20 percent of the bond portfolio; and, no single company shall constitute more than 5 percent of the total portfolio except direct or indirect obligations of the United States Government. 3. Bonds should be actively managed to take advantage of the changes in interest rate fluctuations, rather than simply purchased and allowed to mature. INVESTMENT OBJECTIVES In accepting the management of the short-term cash fund for the City of Roanoke the Primary investment objective of the City is the preservation of principal and the achievement of a minimum rate of return on the principal. This minimum rate of return should be comparable to that of the prevailing one year CD rate 5 and will be negotiated annually by the City and investment manager. Secondary objectives of the fund would be to outperform an index such as the Salomon Brothers and/or the Shearson Lehman 1-3 year treasury and agency index. INVESTMENT PERFOPd~3%NCE MEASUREMENT There is not a requirement for the manager to out perform his peer group given the objectives of the City's short-term cash fund. However, the manager will be compared to other short-term cash managers in the Wilshire Cooperative or other manager universe, and various short-term indexes for comparative analysis, including the Salomon Brothers and/or the Shearson Lehman 1-3 year treasury and agency index. CO~UNICATIONS AS OCCURRING The City shall be recognized as a party of interest and receive confirmation of transactions as occurring in the account. MONTHLY The City Manager. shall receive a monthly report from the Investment The City may have performance evaluation services quarterly from an objective third party to evaluate and the Investment Manager's performance. provided compare ANNUALLY Both the Investment Manager and measurement services staff will meet, at least once a year with the City to review the investment policy, risk levels, investment outlook, and such other matters as may be germane. ACKNOWL~.~EMENT We desire to meet with our Investment Manager when deemed necessary by either the manager or ourselves. In any case, we will meet with our consultant at least quarterly to evaluate the performance of our funds against the stated investment objectives and guidelines indicated in this document. Date: Director of Finance City of Roanoke, Virginia 6 Date: Treasurer City of Roanoke, Virginia I, the undersigned, accept the fiduciary responsibility of serving as the investment manager for these assets and will undertake to utilize my best efforts to achieve the stated investment objectives. Date: Investment Advisor Date: Investment Advisor 7 GLOSSARY 1. Bankers' Acceptances (Prime Quality) are typically created from a letter of credit in a foreign trade transaction. For example, a U. S. corporation planning to import goods from abroad requests that its bank issue a letter of credit on its behalf in favor of the foreign supplier. This letter allows the foreign vendor to draw a draft on the importer's U. S. Bank for payment of the merchandise. Upon receipt of this letter and draft, the supplier ships the goods and presents the draft at its bank for discounting, allowing the supplier to receive immediate payment for the shipment. The foreign bank then forwards the draft to its U. $. correspondent. At this point the draft is stamped "Accepted" with the U. S. bank incurring an obligation to pay the draft (now a bankers' acceptance) at maturity. The accepting domestic bank may buy the acceptance, earning the discount between the purchase price and face amount to be reimbursed by the U. S. importer. On the other hand, the acceptance may be sold to a third party, freeing the bank of all but the contingent liability, for which it collects a fee. In this case the acceptance - secured by the bank, the goods themselves, and the importer - becomes a money market instrument. Maturities range from 30 to 180 days. 2. Certificates of Deposit (C.D.) Certificate issued by bank against funds on deposit with a stated maturity and a stated rate of return. The certificate specifies the amount of the deposit, the date on which it matures, the interest rate, and the method of calculating the interest on the deposit. 3. Commercial Paper "Prime Quality" - A short term unsecured promissory note that is generally sold by large corporations. Present day investors in commercial paper include money center banks, non-financial firms, investment firms, state and local governments, private pension funds, foundations and individuals. Maturity ranges up to a maximum of 270 days. Obligations are sold at a discount. "Prime Quality" ratings shall be no lower than Standard & Poor's A-1 and Moody's P-1. 4. Corporate bond - debt created by a corporation to raise money. Municipal note or bond - debt created by a municipality to raise money. 5. Money Market - the market in which short-term debt 8 instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and treated. 6. Money Market Fund - mutual fund that invests solely in money market instruments. 7. Overnight, Term or Open Repurchase Agreements - an agreement which represents the transfer of cash to a broker, dealer, or financial institution in return for an agreement which promises to repay the funds plus a certain rate of interest. The agreements shall be 110% fully collateralized by U. S. Treasury securities that are approved for direct investment. 8. Securities Lending (Reverse Repurchase Agreements) - a reverse repo is a matched sale-purchase agreement where securities are acquired with a simultaneous commitment to sell. Because each party to the transaction has the opposite perspective, the term Repo and Reverse Repo can be applied to the same transaction. In general, whether an agreement is termed a Repo or Reverse Repo depends largely on which party initiated the transaction. 9. Time Deposit - interest-bearing deposit at a savings institution that has a specific maturity. 10. Zero Coupon Government Securities - significant discount, are book entry only third party if maturity is over 31 days. are purchased at a and must be held by 9 ATTACHMENT OF STATE CODE § 2.1-327 ~ OF ~L~¢ ~ § 2.1-327 CHAPTER 18. Lm~m~rr or PVB,.,C Fu~me. 2.1-327. 2.1-328. 2.1-328.1. 2.1-3~.3, 2.1-3~.5. 2.1-3~.8. I~ inv#mMnt~/'or public rvnds. Legal iave~meuts ~or o~ ~nt of ~ ~ Co~. we~. ~ ~o~, pub~ ~ ~ ~ q~ ~n~ ~ I~ ~u~. ~n~ ~p ~ ~ ~t ~ ~ ~ ov~ § 2.1.3~7. Le~ni invesUnenta rot public einktnf fired& -- Tho Co,~,~on- wealth,: al.l, public, o,.ffi ,core: mu~i_'c.ipai_corpora~ions, other political subdivisions an~ MI omer puouc ~oaies of the Commonwealth may inve~ any funds beloneing to them or within their coMroi in the followin~ ..1, ,O,blig?ions .o.f. the Commonwealth. -- Ben .d~.: notes and othe"--'r evide-----'~'~e~ oz maeoteanees oz me Commonwealth, and escunties unconditionally gu&ran. 2.teed as to the payment of principal ina ~?re~ by ~o Commonwealth. Obligations of the United States, . Bonds, not~ and other , tions of ' s Me: .and unco ditio ly su r t t u me ~a~[men} ,ox pnnc~ .~.ana interest by the United States, or any agency ereoz. 'iae evmenco8 of indebtodnees enumerated by this sulxlivision may be held directly, or in ~ .forn}~ of rep. ur~b~m._.agreemanta collatoraliesd by such debt securities, or m fao zorm ox securities of any open-end or clesed-end . e em.ant in,esU ..nt comply or in,. o= r. rimred der .rives .unent Company Act of 1949, prov~dsd that the portfolio of such mvesunant company or investment trust is llmlt~d to such evidsllCe8 of indebtadnes~. ~. Obliga~ons of Vireinia counties, cities, et~. -- Bonds, nome and other e~d?. ncos,of tndebMdnm of any county, city, town, die. ct, authority or other pumic u(My of tho Commonwealth upon which there is no default; provided, that su.c.h bonds, ~ and other evidences of indebtodnees of any county, city, tOwn, disi~'ict, au~ority or other public body are either dira~ legal obliga- tions of, or these unconditionally fuarant~Md es to the payment oi' principal r or public body and interest by the county, city, town, district, authorit~ other in quo~ion; and revenue bonds isfued by agancies or authorities of the Commonwealth or it~ political subdivisions upon which there is no default. 4.. Obligations of International Bsnk for P,~onstruction and Development, As}.an .Devel.opment Bank and African Development Bank. -- Bonds and other obligatxons msued, guaranteed or amumed by the International Bsnk for .l~,c?nstruction and Development, bonds and other obligations issued, guartn- ~ or assumed by the Asian Development Bank and bonds and other obligations issued, guaranteed or amumed by the African Development Bank. 5..Sa ,ring acc?unts or, ,time depes.ita: -- Sayings accounts or time delx~ito in any, o,~ r, or sav3n, gu ana !.o~u amocmtmn within this Commonwenith provided SUCh oar~r or savlngB and loan es~p:iation is approved for the deposit of other funds of the Commonwealth or other political subdivision thereof. (Code 1950, 10 § 2-297; 1956, c. 184; 1958, ¢. 102; 1966, c. 67'/; 1970, c. 75; 1974, ¢. 288; 1986, c. 270; 1988, cc. 526, 834.) The Iq amemdmem~. -- The first amendment, effbotive AW. 4, 1988, natal subdivisioa~ (1) timm~ (5) u subdivi. sion~ ! ~hrou~h 5, deleted "tad" pr~tln~ "A~i~m D~velopment B~,' inserted "~ad AL rican Development Bank" and in~er~t bonds and other obligations imuod, fuar~nt#d or &Mumed by the A~ican Demiopmont Bank' in subdivision 4. § .2..1~..~ . ,~. al~inveetmen. M fo, r other public funds. -- The Common- ~lr~,~ MI, pu~uc, o..m .eers.,. mu~_ ~pal~cerporations., other political subdivisions m~_~! ~o?,_e_r puo.u_c ~?mas of..t.h.e ~,.',o .mmonweal. th' may invest any and all ~ e.~. ~m,on~ng ~ mem. or w~cnm meu' conc~i other then sinlrln~ funds in s~mnc~as mat are re,aA inve~ments .... for fiduciaries under the l~covi~ions of ~, (2), (3] sub,i, 'vtmoms.(l, i, (44 (5) and (24) of§ 26-40, but this ss~tian shall not .app. t.y_~ .~ '.ti~_m. ent tknds ~ be invested pursuant to §J 51-111.24 throufh OA-1Ii.Z4:~. (Code 19~0, § 2 298; 1956, c. 184; 1966, c. 677; 19~), c. 596; 19~8, c. 834.1 The 1~ omendment in~ "other' pre. cedi._* ~political subdivisions' and pr~omtinw "public bodies,* deleted ~a~perly and lefully* pre.diM "inv~t,' ~ad debt~l *o~ other fling' follOWU~ *~11 moa~' § 2.1-328.1. Investment of funds of Commonwealth, political subdivi. A~o~n~, a~d pubHe bodies in "prime quality" eom,,,ereial paper. -- · rne ~om,,,onwealth, all public officers, municipal corporations, other ~l.i_~cal subdi ,visi, o, ns and al! other, pu~.lic .Ix~lies of .t~e.. Co.mmonwealth may ~.nves~.a~, .y ? ~l .mo,n_e .ys oeton~.nf co taem or within their control other ~r~LuF--~s ,numa ~n. p,~e quality*, commerci .al paper, with a maturity of · . ~. ~.y~_ or tern, ~ msulnf corporatio, ns organized under the laws of the ~Ja~kto~ ~, .~.t~, or o~ ~ st~. thereof'..mcludin~ paper imed by bs.k. end mver~ora ~er~ce, mc., mmm ~ aUU/Mooay's ratin~ of prime 1 end by Standard & Poor's, In~, within its retin~ of A-1 or b~ their corporato succeesors, provided that et the time of any such inv~tmant~ I. The iesuin~ corporation, or its ~tsrsntor, has s net worth of et least million dollars; ~nd 2. The net income of the ~ corporation, or its ~uarantor, has averaged C ~h,4'es.,mi,'lll.on' dollar, per y~r for the previoua five years; and o. ~UA ex~i. 'n6 senior bonded indebtedness of the issuer, or its guarantor, is ~c.Md "A' or bettor by Moody's Investors Service, Inc., and -qt&ndard & Poor's, Not more than third-five percent of the total ~unds available for invest. merit may be invested in co,,,,~ercial paper, and not more thnn five percent of the total funds available for investment may be invested in com,~ercial paper of any one ~ corporation. B. Not,,ithetandin~ subsection A of thi, section, tho Commonwealth, ~oUnicipal co.rl?o, ratio .ns, other political subdivisions and public bodies of tho mv~onweilth may invest any and nil moneys belon~inf to them or within their control, except for sinkinf ~unds, in co-,,~ercial paper other than "prime quality~ commercial paper as defined in chis section provided that: 11 § ~.I-328.3 ~-~r oF P~.~M¢ ~ § 2.1-328.3 or om ~z~ mat aetenmnes ~vestmenc poucy. The Tr~ntury Board shall the govemlng body for t~e ~ommonwenlth; and ~e~. A wTit~en inteFnal credit review justifying the creditwo~hines8 of the iss~ng corj~_ ration is pFepared in advance and rmide part of the purchase file. (1973, c. 232; 1974, c. 295; 1976, c. 66~; 1986, c. 170; 1997, c. 73; 1988, c. 834.) The 19~ amendment sub~tituMd the lan. fy? bes~Mnf "all public offic~rt' and end. i~ or mthm ire conm)l' for "the municipal cotlmrutions, other political m~b~fiv~ion~ ~nd public bo~u of the Commonw~lth may prop- erly and [Mall), invest molMy~ or other f~ds belonJmf ~o i: or within itu conm)l~ in tho flrut sentence of .ubmction A. and sub, ti:uteri invest &ny 8nd ~1 ~ blo~ ~ ~em 1~ ~ ~on B. § 2.1-32~.3. lnveetme_n_~.~b? ioc,~, fo,v.e. Fnm~en~ -- Notwithstanding any p~ov~sions of law to the conum-y, mz puDfic omcers, municipal corporations, other political subdivision,s and all other public bodies of the Commonwealth may invest any and all moneys belonrmf to them or within their centTol other than sinking f~ndn in benJters' 8cceptances. (1981, c. 18; 198~, c. 834.) The 1~ amendment rowroM thio ~_0 2.1*32~.5..Inv.ns.Une.nt.in .e .er~fl. ca.t~. Fepreeent~nf ownership o! rmmpal m .ma. mrL :ts coupons rot seemed per ode. ~,oLwzLrmr, an~Llng an.y pFOVISIOII OllO, W ~ ~1 ...... o the con..~t~-~y., the .C. ommonwealth, othePrUmlC. ?.m?~: mu~m~ ~pM~cerporatio~,.other ~litic~l subdivbions end all ~, I?uuu.c O0.?es o~ mo.~o, mm..on.we&tth may. revest.any and &il mons~ oelon~n.f ~ ~.em or wtm,, me~r cent~ol, in cortiflcatm repruen '~ti~ troem2ry bond principal ownersmp o~ ezmer at maturity or its coupons for shall be held by a Lmm~,~rL?~nnsponnsnc of the Seller of such certificates. (19~3, c. 117; 198~, c. ~oz; irma, c. 834.) The 1~8 amendment substituted "any pro'~Sion of law M the conCrur~ l~ "any other provision of law,' ~nmrtM 'othe~ p~eeding "political subdivisions" and pr~sdi~ 'public m~uat o~ w'~J: th~ Im~ ~xl~ and ~oa. trol" hz tho fbst mumm. qreemen~. -- ~ .oral_ ul~anmng any promion o! law to tho contrary, · uommonwealth, all public officer~, municipal corporations, other political subdivis, io~n~, and all.o .t~er public .bodies of the Co.mmonwealth, may invest any ana MI moneys ~econ~n~ to them or within their control in oven~fht, term and open repttrchs~ agreemente which ere collaterali~ed with securities that are approved for diroct investment. (19~, c. 352; 1~, c. 834.) The 1088 nmendmeut ~.ituMd the fuafo be~_'..i.g "tho Commonw0alth' tad ending '~oalonJmf to thom o~ within their control' for ~ ~lMto Troasur~ md every 12 § 2.1-328.9 ADI~LSTRATIOI~ OF C, OVI~.~ GEN~P. ALLy § 2.1.328.12 f~l~ lL~l*398,.9: .in,v..es.tme,n.t of certain p.ublie .m, oneye h. money market ~ i, dOLw,tnstanmn~ any provision oz law to the contrfuT, tho Commonwealth, all public officers, municipal corporations, other political subdivisions and all other public bodies of the Commonweslth may invest in,; and all moneys belonginf to them or within their control oth-- .hich gove ,d by th, pcovisions of a on;o, enu investment funns, provided that the funds ar~ ~st~4 ~i,e.ra~. my, ,.e~n. e. nt ~).. Act o.l l~s4~, .and that the investment of such funds by ~ ~c~_~u .~m~?o ~ns ~s. ~sotri_ ,c~__m- Lnves ,tme_n_t~ otherwise permitted by law ~4~ wrm m t~napter La t~ z.l-;~z~; e~ seq.) of Title 2.1. (1986, c. 170; 1988, c. Tho IM~ mnondment subRituted the Itu. fume b~i~i~! "the Co'~"~nweaith, ail pub* lic officers' ~d eudinf '~ovemsd by tim prm, ioiono o(J Z1-3~T' F~e "every counrT, city mid town iud ail poUticai subdivisions pubUc bedim of the C~,~m~uw~lth mi), inve~ · § 2.1-328.10. Inve~, .~nent of.funds in corporate notes. -- Notwithstand- ing any provision el taw to the contrary, the Commonwealth. all 1)ublic o~rs,. ,re. uniV..pal ~corporations; .other i~olitical subdivisions and all'other pUD.nc oomes o.~..me ~o .mmonwe~tm may ~nvest any and all moneys belonging to them or ?thi.n..then...contr?l, o. ther th~n~ s',mki.n~ _funds, in high quality corpora?no~es., m.m a raung or et lenst Aa oy ~oo~Irs Investors Service, Inc., an~ a. ,raung. oz at lea~t ,.A,~.~b_.v St~n~ o.,d~, __an_d Peers, Inc., ,.a a maturity of no more tna~ live ye~. {I~Y, c. les'l, l~t, c. 834.) T~o 1~8 amendment sub~ituted tho fuop bSinninf 'the Commonweeith, ail p~b. lic officers' iud .ndinf 'within their con,roi, other *J,-- ~i~ki~_~ fund~ weU u ail poUttcol subdivisions end public bedim od'tbs Co,~,~uw#lth m~y mvem un~z- over which cust~ty ~nd con~ol m~ ezm~im~' O 2.1-328,11. Investment of funds in oblifations of foreign oovereirn ~?v.e .n/mente. -- Notm'~ding any I~rovislon of law to the contrary, t~e acute i~eHure.r..m~7 .mve~ unezlMnaea or ezcem moneys in any fhnd or ~a ,c~o, u~, t ,over .w .m.cn~,n? ~ cnst~ y and control, other ~ s. inkin~ ~.mds, in rally neapa astx oouptions oz soversifn governments and companies that ~e,f3flblY .~¥~n, ,t~t. by .such..sove.roig.n. fovern, m. ants,.with a ratin~ of at least ~. . y laO?l, tie mv.~m ~.rv~ce, mc:, ~ a raun~ of at least AAA by .'q .r~n. aar~ ana,.t-'oom, lfle., uno · maturity o[ no mol~ th~n five years. ~ot more man ten percent of the tot&l ~unds of the Co,~,~onwealth available for investment may be invested in the ~in~er ds~ribed in this section. (1988, c. 4~1.) § ~..1-3~8.1~..In,ve. tments by tran.portatton commbstonL -- Trans- poctation corem'salons which provide rail service may inveR in if reqttired u · condition to obtaimnf insurance, participate in, or purchase insurance provided by, foreifn inmmmce comPames which insure railroad operations. (1988, c. 834.) Tho uumbe~ or this #~iou was amlfned by tho VirrinM Crab Commimion, tho number in the 1988 ogt hAvu2g b~ J 2.1-328.11. 13 § 2.1-329 ~ of PUBLIC FUNI~ § 2.1-329.01 § 2.1.-329. Deposit of nubile funds not an: ...... in~t:tutions which ara under Commo-w - =~m supervimon, and of federal institutions ~o~d ~(~his ,Com.m?nw,enlth an.d Me United uncter re~rai supemmon shall not be considered investment of such funde for the me purpoess of ~ chapter. Delxmit of such funds i.n demand .and time deposits and in certificates of de its branks located witixin ' pOS ofrmtional this Commonwaslth and of hereb auth ' · _ .. e~'. hartsrod --d ~o,y,+a~,. o_r~_. ~_p~r?~d~ed th,t,su.eh de.pco,,x~, .are escuro(t as provided by law, ~x~n~o'~L_p~-m_e~ma, .no !ucfl?e3~.'c snail t~ made for any one period in ~ _ .u, uv_.e y~..e~... L;ep091~ ptsuca fhnds in cavin~s accounts and certiflca o, savings 1..z.~,i.'.'.zu~ions wnica are under Corem . . f~l~ral mst,tut,ons located in tiffs Common~v~'a~l~dth supervimon, and of laws of the Un/tsd Stet~ ~nd under ~-~ ....... or~d. under th~ Such depoeits shall not exceed th- I~-~--r~--s-'u-~--rvt,m?n m~.ne~t~y authorized. collateral as defined in § '~-"3~ t~'~-u~.-,--m~--y cotia?...r..al~ed. ,b!~.eli~ible · · ..--- .-., ,, ,-wvemman= aazaonai Mortfqe . .A~oe.~mtlon Paes-throu~h Certificat,~, by ~ed~ral Nati---* "-~--- - . ~Corporation Partiemation Certiflcat~ or sw~tred mane lot any ona peritMl in avcees of 24; 1964, c. 367; 1966, e. 677' 1974 ~ ~t. ~-~dC'"Te:~'~-'..' "'i?;-, t~,oe, c. 374; 1988, c. 118; 1990, e. ~.) , ........... oo, ~ue~, e. o'i~; 1984, c. ant to Clmpter 2 (J 6.1-3 et Mq.) of Title 6.1- which eollntm'ul shill b hold in e~w by a tiom' for "and lean nmoeiationw' tlu~u~ut czatio~ ~ the station and subti- t.~pomt Insm.-*,,.- CotWration or otbr ~ ~ P~blie Ik~its A~t (! 2. t-,~0 et ~ ~ _ uorpeution. · Comm~w~lt~,the~ml~M'lm~aat~aatto amondment~ther~ in the nozt to tho l~t exc~d eighty perg~nt at tim ~ mmtmt v~dtm cha-ter s~-' ~- --, .... pur?,.na~a,_ p. ,u,rsuant. ~ the provisions of ,.,~.~ m¥~.?..nero oy u?,.p~, a.c omaM, mumcip~l corporation or other ~.uc~. ~vmo? or lmoac.~y or its cu~mti~l ~nt who my , .,,~u~ o3 .m~.cu~omm..sgent ?.y. a cnstx~iial agent shall be held in the nsma · . .'~- . . . . responsmilities ot mo ptmlie .......... ~. . snmi provine for delivery of tho ~uas~oy m.e. cum~ .m a~.,nz tn th? ?vent of dehult by a counter~&r~y tiled In this 8action, counter'psr'ty' Is defined as the ~atmr or seller of a secttrity, an a~ent purehsting a smclArity on bmh~lf of & public official, § 2,1-335.1 ADIdlN~r~ATION OF C, OVF, R2qMF,~r GEIqERALL¥ § 2.1-335.1 municipal corporation, political subdi~sion or other public body or the party wh? ~1 comply with. safekeepinl[ "' 'ism2ed by the ........ shal ~ rmdelines Tre~m2r~r~ or .m_ enaowment fvnas invested tn accedence with the prov~siono of ~he Umf'onn Investment o~ Institutional Fund~ Act, A~icie 1.]. of' Chapter ~ (§ ~$-268.1 et seq.) of' Title ~5. (1988, c. 834.) CHAPTER 3. 26-40. In wh~t ~c~ntie~ flduciari~ may m. 26-40.2. [nv~nt~ in mlm/dl~l boad~ by b~nk~ or ~ comPORts. 26-44.1. Inve~nent in mutual ftmd ai~iat~t 26-45.2. pl~nn~ ceftin trot ~ in damS. n~ted fin~nc~l ia~t~tution~; v~uwr or r~ductiou of bond of fiduci~y officer. of(~).O,b, li~ion~ ~ot"other ,ta~_. -- S~, ~n~, no~ ~d o~,r ,~ . . nqgo~ne~ ot ~y ~ of ~e Um~ S~ u~n wMch ~e~ is no aem~t ~ u~n,~m~e~ ~ ~n no defa~t for mo~ tbs. ~ ~; p~, ~hat ~thi~ me ~enty fl~l ye~ ne~p~ng~ ~;~ SUCh mv~en~, such ~ ~ not ~n in default for mo~ ~ mne~ ~ ' de~ au~o~ by in ~e ~ent of ~y ~ of principal or in~t of ~ th~41e~slat~ of s~ ~ ~ ~ contraS. ( ) Obli~o~ of V~e ~, d~es, e~. -- S~, ~n~, no~ ~d o~er e~n?, ~f ~d~b~e~ of en~ co.W, ciW, m~, ~.eumo~ or omer puonc ~y tn ~ ~ommonwealth of Vir~ma u~n w~ ~e~ ~ no 16 § 26-40 ~w~cv~,~ ~F,N~L¥ § 26.40 d~faul, j;; pro.vid?d, tha. t ~ ,tha principal and in,rest I~ payahl~ from revenues or. ~l,i.s. a~? me proj..e~ nas no.~ .b?n completed, or if compl~tod, hes nct es~aousn, ee .an oparetmg re,.om or' ne~ earnin~ availabl~ for payment oF principal and interest equal to estimated reouirement~ for that o~ acco.rdin, g. to the torm~ of the issue, the stan~:lards of jud~ne~-a~-~ rec~u~red tn § ~6-45;1., ,without .ref~renco t? th/s section, shall apply. in any case tn wmcn an authonty, having an established reco~rd of net earn/n~ ava/lable for payment of principal and interest equal to estimated r ,~u.i.rem,ents for that p, .uz:p~.se accordin~ to the terms of the issue, issues addit/on~, e~nd.e, nces of indebtedness ~'or the purposes of aequ/ring or oCOnS ,t ,~.t. ct]ng a,ddit,io,.,n~l, fa,cilit.i,es of the..s~.e ~eneral character that it is then ~$ ~)~.~. v~.~on~ o[ ;ms ss~]an mmou; nmiration. s (t~?__ ~g?tions, off'citi,es,.?lmt~e.s: etc., oCo~the? stat~. -- L~gally authorised ._~__~:_~_n~,_.no,? ?n,a.om,r .~v~nco? o! mqsbt~...~, of any city, county, ,, any o,,,, of sta upo. here ~s no aefault and upon wh/ch there ha~ been no default for more th.. 90 days; provided, that (a) within the 20 fiscal years uex~ preced/ng the of such investment, such city, county, town or district has not been in default for more than 90 days in the payment of any part of principal or interest of any stock, bond, note or other evidence of indsbtodne~ issued by it; (h) such ~,ity: ~unty, to .wn. or .di~m.',ct shall ha. b~n in conUnue...xist~nce for at ,ea~ ',-,u ~..ear~; ? ,*ucn c~ty, county, .tgwn or al-trict ha, a ~opulation, ~.own. Dy .~.ne ma~e_r~__ce .ns? n.ext precomn~ tho making of such investment' of o~ ~ess man z~,u~ m~ab~tanta; (d)the stocks, bonds, not~ or other evidences of indebtodne~ in wh/ch such investment is made ~ the direct 1 .e.gal oblig?tio, n~ of the,city: county, town or district i~ulng the same; (e) the c]cy, ~u~l,~y, .~w? o~ ammct ha~ power to levy taxes on the taxable real proport~, r~ereln ior me payment of such ohligatioue without limitation of rato ~irn ~a~o.~t;..an~. (~ th? n,,~ .inds~ ~t~h. ~ss of such city, county, town or di~ict tcm ~mn~ .c,ne~ xssu, e .m w,l~,ch su~ mve.s .~,nt is .mad.e)., .after deductin~ th, amoun; o; ~r~ oonas ~ssue~ ;or seff-suet~mm~ pubhc utilities, doe~ not exceed · mc~, m oe_ ascor;ame~ ~y m.e v~,uation o; suct~ preporty therein for the a~f~,m~e.n.t' of..taxes ,n.ext precodin~ the making of such inv~tment, .~ t a) ~Jol,~g~r~on,~ ,s,u. bj~t to repurchase. -- Investments sst forth in the first t~v.e par~a.,~rapn~, o! cms statu.te may also be made subject to the obligation or r~ght o! me esuer to rep~ these on a specific date. 17 A~fACHMENT OF CITY CODE Code of ~Jle C:Lty of Roanoke (1979), al emended See. 2-170, Investment of suFi)ius funds. Cs) Whenever the director OF finance shell det4rmine and report to the city investment committee thet there is on in .t?. city t?,u funds or in .,c-- tfle czty$ reqmrements for immediate Payment, such ~nds..s~..d cash .r.esources may. be invested in the name of n: c,?y~no ~Nc. u~. t~.~. of the Umtsd States, or in Ncuritias of ag nctas sE me un,tsd States which are fully rdarenteod by the United States, in bonds of the c~ty and in interest-beer. ins certificates of depc~ttin any benk qualified under the ¥lrstnia Security for Public Deposits Act (Code of' Vir~in~, S 2.1-3~9 et sect.) to ~ccept or re.in public dep~its of monies of the state and of the cities, count/as, towns and political subdivisions therein, or in /ny one or more of. the aforesaid securities or investments. (bi The city investment committee shall heys the power and anthority m ordlr and direct the investment and reinvestmant of. funds and cub resources in ~ccord with this section and to order and direct the sale of. such securities so purcheasd, the surrender of such certificates of deposit so taken or the withdrewal OF such uvin~ dep~im so mode. st such time or times ss the director of finance mey determine it nece~ary to liquidem such investments to meet the needs of the city. (c) AH a~.-urities purchased, all certificates of deposit taken and all savinlB dspceits made under this section shall be under tho custody of the city treasurer, under the control of tho cit~ investment committee, and the securities Zt~u~r.c.h.~s~:l_ d at_, t.h.s disc. fetish of such e-,~,~ite-_~, mY be · ,~ uy me OInK tArougn WlllCrl they were purchaesd. ~110 treasurer is hereby euthorizod to accept such benk's receipt for any securities purchuod through it, which receipt the city trsuurer is directed to hold in lieu of such Ncuritias~ (Code 1986, Tit. V, Ch. 3, ! 2; Ord. No. 22964, 6-1-76; Ord. No. 23073, 7-6-76) Sec. 2-1v9. ~hoF~-?e~m Cash Inves~.men{s. Proposed Amendments got Ct~2 Council AppFovaA 18 CITY OF ROANOKE REQUEST FOR PROPOSAL (RFP) FOR SHORT-TERM CASH MANAGER General Conditions Intent The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified investment advisors to manage approximately $5 - $9 million dollars of short-term cash for the City of Roanoke ("City"). Currently these funds are managed in-house primarily with short-term certificates of deposits and repurchase agreements. The investment advisor selected to manage the aforementioned assets will have discretionary power of the portfolio subject to the limitation of the enclosed investment guidelines. Please note in the guidelines that the City requires a minimum rate of return with the option to cancel the minimum guaranteed rate of return provision with a thirty day notice. In addition the selection of the investment advisor will be partly based on the investment advisors' ability to provide suitable custodial services. Competitive Negotiation This procurement will be accomplished through the competitive negotiation procurement procedure required by City Code Section 23.1-4.1, a copy of which is attached. submissions Three (3) copies of the submittal should be forwarded to: Joel M. Schlanger, Director Gordon E. Peters, Treasurer 215 Church Avenue, S. W. Room 461 Roanoke, Virginia 24011 of Finance The submission package should be in a sealed envelope properly identified as the proposal for "Short-Term Cash Management". Proposals shall be accepted by the Director of Finance until 5:00 p.m. EST on at the above address. Each offeror is responsible for having their own submission in on time. No proposals shall be accepted after that date and time. Questions Any question concerning this request for proposal should be directed to Joel M. Schlanger, Director of Finance at (703) 981-2821 or Gordon E. Peters, Treasurer at (703) 981-2561 from 9:00 a.m. to 4:30 p.m. EST. Terms and Conditions The terms and conditions of the contract between City and the selected short-term cash manager and the award of this contract shall be subject to final approval by the City Council. The City may issue addenda to this Request for Proposals. Any such addenda officially amends this Request for Proposals and may be used to modify, correct or add to the information contained herein. It is the responsibility of each offeror to assure that the City has the name and address of the persons to whom such addenda should be sent. The prospective offeror must affirm and shall certify by signing the proposal document that the company fully complies with the City Procurement Code (Chapter 23.1) and all provisions therein. During the performance of this contract, the offeror agrees as follows: A. The offeror shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the offeror. The offeror agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The offeror, in all solicitations or advertisements for employees placed by or on behalf of the offeror, will state that such offeror 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. The offerer 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 vendor. Proposals will be evaluated on the basis of the offeror's ability to provide investment and related services for the City. Fee schedules will be considered, but shall not be the sole factor determining the contract award. 2 1. Clarification of Proposal Information. The City reserves the right to request validation or clarification of any contained in proposals submitted. verification, information 2. Reference to Other Data. Only information which is received in response to this RFP will be evaluated; reference to any information previously submitted will not be considered. Method of Award The award of a contract shall be determined in the sole discretion of the City based upon evaluation of all information the City may request. The City reserves the right to waive any informality in proposals submitted in response to this RFP when such waiver is in the best interest of the City. The City will select offerors which are deemed, in the sole opinion of the City, to be fully qualified and best suited among those submitting proposals. Negotiations will be conducted with the offerors so selected, at the conclusion of which the City may select the proposal(s), as negotiated, which in the sole opinion of the City is (are) deemed to be in the best interests of the City. In such negotiations, the City reserves the right to request proposal amendments or modifications which it deems to be in the best interests of the City. If the City determines in writing, after evaluating all proposals submitted for the program, that only one offeror is fully qualified, or that one offeror is clearly more qualified than others, the City may negotiate and award a contract to such offeror. The City reserves the right to reject any or all proposals received and to interview any or all who have submitted proposals. The selected party shall comply with all applicable City, State and Federal Code provisions, regulations, and Investment Policy Guidelines. Any contractual agreement with the selected party shall meet the approval, in form, of the City Attorney. Proposal Requirements I. General Information Please provide the proposal: following information in your 3 A. The date the firm began managing short-term cash portfolios. B. Please indicate if there is or has there been any significant litigation to which the firm is a party in the past five years. If yes, please provide details. Please indicate the number of short-term cash accounts under management and total dollar amount. II. Personnel and Structure The proposal should specify the personnel who would be assigned to this account, the level of their expertise and experience each has with short-term cash management. List number of professional personnel assigned to this account by category. Do not double count. 1. Security Analysts 4. Marketing/Sales 2. Fixed Income Managers 5. Administration 3. Traders 6. Other What is the average number of accounts per manager. Do you manage portfolios on a team basis? If so indicate the team organizational structure? Please indicate annual professional turnover for the last five years. Include both the professionals lost as well as those gained. III. Fees A. Please indicate annual fees excluding custody for the following size accounts - $5 million, $7 million, $10 million and above. Please indicate annual custodial fees for the following size accounts - $5 million, $7 million, $10 million and above. Are there any special set up charges? If there are, please explain. In the event of termination are there any special charges? If yes, please explain. If brokerage can be directed, are you willing to do so at the City's request? 4 IV. Methodology ae Please explain your style and methodology of managing short-term cash. What effects if any do you anticipate in your management style and philosophy from the investment policy imposed by the City? Please indicate a minimum guaranteed rate of return you anticipate offering the City. Please indicate an index you feel comfortable using as a performance bench mark. We Performance Data A. Please include quarterly performance data for the last ten years (time weighted calculations). B. Please explain the source of the quarterly performance data. C. Are these performance numbers audited? D. Are they gross or net of all fees? If not, what fees are included? E. What percent of accounts are in the composite? F. What percent of the assets are in the composite? G. What is the standard deviation between accounts for the last five years? VI. References Please list three references. Municipalities if possible, that the submitting firm services. Please provide address, client contact and phone number. 5 Sec. ~3.1-4.1~ Requlrment or compntltlva negotiation. (a) Except ~ p~id~ by 8~tion 23.1-6 o~ ~ ~ trac~ wi~ a non~vernmen~ ~n~ac~r ~or p~ion~ whi& h u~t~ ~ ~c~ fi~n ~ou~d doll~ (S15,0~,00) sh~l be swirled p~u~t ~ the meth~ or pr~umment ~own ~ competitive negation. (b) "Competitive negotiation" is ~ meth~ of con.acer sel~ tion which includ~ the following element: (1) I~uance of a written request for pro~sal indicating in general ~rm8 that which is ~ught to be pr~ured, sp~ffy. hag the ~ac~r8 which will be ~d ill evuluating the p~ p~al and con~inlng or iflcor~ratinf by re~eren~ other applicable con.actual ~r~ and ~nditio~, includ- ing any unique capabilitiu or qualiflcatio~ which will requbed o~ ~e con.acer. (2) Public notice o~ the request for p~! at le~t ~n (10) days prior ~ ~e ~ nt ~or r~eipt o~p~p~ls by ~ting in a public ~em normally ~ for p~ng of public noti~ or by publi~tion in a newspaper o; general ci~uli~on the area in whi~ the ~ntract is ~ ~ per~orm~, or ~. In ad~on, prop~b may ~ ~li~t~ dlr~tly f~m ~n* rial contrac~. (3) The city manager, o~er appropriate council.mp~in~ ricer or o~er d~ignee o~council shall engage in indivldu~ dlE~io~ wi~ all offe~ d~m~ fully qual~ sible and suitable on the basis o~ initial resw~ mad wi~ emphMb on p~F~ionmJ com~n~ ~ p~vi~ ~m se~i~. ~titivo in~ormal interviews shall ~ ~rm~l* bls. Su~ offe~ shall ~ encoura~ ~ ela~rab on ~eir qualifi~tio~ and ~rformatl~ dm~ or s~ff ex~rti~ ~r- tlnent ~ ~e p~ proj~t, as well mm al~rnmtlve con- cep~ ~m d~Jo~ may en~mpm nonbin~nw ~. ma~ of ~ p~t ~ including, whe~ tpp~pria~, design, coM~ction and life cycle c~ Me~ util~ in ~ivinw at price For ~ic~ may al~ ~ d~ c~. ~prlo~ i~ormmtion ~m ~m~tinw offero~ shll not ~ ~1~ ~ the public or ~ ~m~tl~. (4) At ~o ~nclumion o~ di~u~ion, outlined in the paragraph ~, on ~o b~im of evaluation fac~rs publhh~ in tho r~u~t ~ p~MI and all information develo~ in nl~on ~m ~ ~is ~int, the two (2) or ~ wh~ p~mioflml qualifications and p~ M~i~ deem~ most meritorious sitmll be ranked in order priming. (5) Ne~tiatio~ ~all ~en be conduced, befinning wi~ offeror rmnk~ first, ff a contract 88tisFac~ry and advmn~- g~ ~ ~e city ~fl ~ flegotia~ st · pri~ co~ide~ few and re--amble, the award shall ~ made ~ ~mt offer* or. O~o~be, negotiations with the effect rmnk~ shall ~ formally terminat~ and flegotiatio~ ~nduc~ wi~ ~e offeror rank~ ~ond, and ~ on until con.act can be nefotiat~ at a lair and re~nablo priu. (c) Should the city ~uncil determine in writing and in di~on ~at only one offeror 18 fully qualifi~, or that one effect i8 cle~ly more highly qualified and sui~ble then tho others under co~ideration, a contract may ~ negotia~ and aw~ ~ ~at offerer. (Ord. No. 26578, ~ 1, 6-27-83; O~. ~o. 30085, ~ 2, 6-11-90) MARY E. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W,Room 456 Roanoke, Virginia 24011 Telephone: {703) 981-2541 April 10, 1991 SANDRA H. EAKIN Deputy Ot¥ Clerk File #207 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30464-40891 declaring a cer- tain structure located in the Roanoke Centre for Industry and Technology to be surplus to the City's needs and authorizing its removal. Ordinance No. 30464-40891 was adopted by the Council of the City of Roanoke on first reading on Monday, April I, 1991, also adopted by the Council on second reading on Monday, April 8, 1991, and will take effect ten days following the date of its second reading. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP : ra Enc. pc: Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Brian J. ~ishneff, Chief of Economic Development Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance and IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Ihe 8th Day of April, 1991. No. 30464-40891. AN ORDINANCE declaring a certain structure located in the Roanoke Centre for Industry and Technology surplus and authorizing its removal. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The former Douthat home located on City property acquired for the Roanoke Centre for Industry and Technology is hereby declared to be surplus to the City's needs. 2. The City Manager is authorized to provide for removal of the above described structure from the property by relocation or demoli- tion, as more particularly set forth in the report on this subject from the Water Resources Committee to this Council dated April 1, 1991. ATTEST: City Clerk. Roanoke, Virginia April 1, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Removal of Surplus Structure Roanoke Centre for Industry & Technology (R.C.I.T.) (Douthat Farm) The attached staff report was considered by the Water Resources Cox~ittee at its meeting on March 25, 1991. The Committee recommends that Council declare the "Douthat" house to be surplus to the City's needs and authorize its removal from the area of future expansion for R.C.I.T. in accordance with conditions stated in the attached report. ETB:KBK:afm Attachment CC: Respectfully submitted, /; EliM~abeth T. Bowles, Chairman Water Resources Committee City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Public Works Chief, Economic Development Manager, Building Maintenance INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: March 25, 1991 Members, Water Resources Comm~ittee Kiser thru Mr. Herbert Removal of Surplus Structure Roanoke Centre for Industry & Technology (R.C.I.T.) (Douthat Farm) I. Back~round: 140.427 acre Douthat Farm was purchased by the City on October 2, 1989 (D.B. 1610, Pg. 205). Property was acquired for industrial development. B. Large home and an historic cabin (Johnson Cabin) were on the property when it was acquired. C. Two (2) structures were rented, and the house occupied, by the former owner, Wade Douthat, until recently. D. Top floor of the Douthat house can be moved, according to a local home moving firm. II. Current Situation: III. House and cabin are vacant, no one resides on property and vandalism is probable for both of them. Building Maintenance Department has been asked to board them up as much as possible. Johnson Cabin, potentially is an historic structure and should be carefully protected from damage indefinitely or sold and relocated. Former Douthat home prohibits future development of the industrial park and as such is a liability to the City. As a vacant structure, it cannot be insured and thus, presents additional liability to the City should someone enter it and be hurt. It should be removed from the property. Issues: A. Need B. Timin~ Page 2 IV. C. Industrial Development D. Cost to City E. Income to City Alternatives: A. Committee recommend to City Council that it declare the "Douthat" house surplus to the City's needs, authorize its removal, either by moving it off of the property or demoli- tion, and authorize the use of funds from Account No. 008-052-9629-9050, RCIT Addition-Property, for the demolition and removal of the structure, should that be necessary. 1. Need to remove residential structure from industrial development area is met. 2. Timin~ to remove structure as soon as possible to elimi- nate liability to City and minimize expense of pre- venting vandalism is met. 3. Industrial Development potential of property is enhanced. 4. Cost to City is the potential cost of demolition of the structure, which is estimated to be $5~000.00. 5. Income to City is potential sale of house to someone who could move it. B. Committee not recommend to City Council that it declare the "Douthat" house surplus and authorize its removal. 1. Need to remove residential structure from industrial development area is not met. 2. Timin~ to eliminate liability and minimize preservation expenses is not met. 3. Industrial Development potential of property is degraded by continued presence of residential structure. 4. Cost to City is continuing to protect structure from vandalism and potential liability. 5. Income to City is not an issue. Page 3 Recommendation: Committee recou~nend to City Council that it declare the "Douthat" house to be surplus to the City's needs and authorize its removal from the area of future expansion for R.C.I.T. in accordance with Alternative "A". KBK/RVH/mm Attachments cc: City Attorney Director of Finance Director of Public Works Chief, Economic Development Manager, Building Maintenance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th Day of April, 1991. No. 30470-40891. AN ORDINANCE to amend and reordain certain sections the 1990-91 Sewage Fund Appropriations, and providing for emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. of THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ~iations Administrative Contractual Services (1) Maintenance ........................... Other Charges (2 ................................... 1) Fees for Profes- sional Services (003-056-3150-2010) $(45,143) 2) Maintenance Equipment (003-056-3155-2048) 45,143 $ 2,140,406 1,458,518 847,589 514,842 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia April 8, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: II. Subject: Background: A. B. C. Purchase of a New Rotor Assembly to Repair No. 7 Blower Unit at the Regional Sewage Treatment Plant IV. III. Air to supply the aeration tanks is provided by blowers. No. 7 blower unit is in need of a new rotor assembly. Price quote from the manufacturer is $45,143 (see Attachment "A"). D. Dresser Industries is the only source practically available for this needed part. E. Existing rotor unit can be rebuilt at about the same cost as the new unit. This is not recommended by the manufacturer. F. Labor to rebuild No. 7 Engine is being competitively bid. Current Situation: A. No. 7 blower is not operational. B. Price quote is still in effect. Issues in order of priority are: A. Need B. Timing C. Funding Alternatives: A. Council authorize the purchase of new rotor assembly from Dresser Industries on basis of sole source. Page 2 Need to obtain repair parts for the new blower will be met. Timing is important as to purchase the new rotor assembly in this year's budget. Funding is available in Sewage Treatment Plant Account No. 003-056-3150-2010, Fees for Professional Services, and needs to be transferred to Account No. 003-056-3155-2048, Maintenance-Equipment. Council not authorize the purchasp of the new rotor assembly. Need to repair blower will not be met. This places No. 7 blower out of service and reduces back-up for air supply. 2. Timing is a moot issue. 3. Funding is a moot issue. V. Reco,~nendation: City Council concur with Alternative "A" authorizing the purchase of a new rotor assembly from Dresser Industries, thus enabling the repair of No. 7 blower unit. Transfer $45,143 from Account No. 003-056-3150-2010, Fees for Professional Services, to Account No. 003-056-3155-2048, Maintenance-Equipment. Respectfully submitted, W. Robert Herbert City Manager WRH:SLW:afm Attachment CC: City Attorney Director of Finance Director of Utilities & Operations City Engineer Manager, STP Manager, General Services ROOTS ATTACHMENT "A" ROOT~ DIVISION, DRESSER INDUSTRIES, INC. 900 WEST MOUNT STREET CONNERSVILLE, INDIANA 47331 City of Roanoke 1402 Bennington St., Roanoke, VA 24014 SE Attn: Mr. Barry Montgomery Subject: Rotor Assembly From Roots OIB Compressor H-2924 Dear Sir, November 16, 1990 The subject assembly has been inspected by our manufacturing and engineering personnel. They advise that numerous cracks were found in the area of the impeller blade tips. The shaft has been checked dimensionally and for runout. Nothing was found that would prevent reuse of the shaft as is. We have two (2) options to consider on the impeller. We could replace the entire assembly or repair by removing the existing blades and installing new ones. Engineering prefers replacement and when you consider the extra steps involved in the reblading, there is no great monetary advantage to be gained although the turn around time could be shortened by possibly two to three weeks. With the above in mind, we submit the following for your consideration. (a) New impeller with old shaft .............. $45,143.00 Delivery eight weeks (b) Reblade existing impeller with old shaft..$41,050.00 Delivery six weeks Our General Terms of Sale are per the attached. Please review the above and advise your requirements. Regards, H. W. Collins Supervisor, Parts & Repairs HWC/ah Attachment Telephone: (317) 827-9200 Telex: 671-9338 Fax: (317) 825-7669 GENERAL TERMS OF SALE ROOT 1. GENERAL 2. TAXES 3. CONTRACT PERFORMANCE, INSPECTION AND ACCEPTANCE 4. RISK OF LOSS 5. TITLE 6. WARRANTY 7. PATENTS 8. TERMS OF PAYMENT 9. LIMITATION OF LIABILITY GTS- 5001 (9/90)