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HomeMy WebLinkAboutCouncil Actions 07-26-93MCCADDEN 31592 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL July 26, 1993 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order Roll Call. Mayor Bowers, Council Members Harvey and White were absent. Jr. The Invocation was delivered by Vice-Mayor Beverly T. Fitzpalrick, The Pledge of Allegiance to the Flag of the United Slates of America was led by Vice-Mayor Fitzpatrick. BID OPENINGS Bids to remove, transport and dispose of digested, lagooned sludge from the Water Pollution Control Plant, 1402 Bennington Street, S. E. Two bids were referred to a committee composed of William White, Sr., Chairperson, Kit B. Kiser and Steven L. Walker for labula~ion, report and recommendation to Council. Bids for handicapped compliance at Villa Heights Recreation Center. Three bids were referred to a comnlitteg composed of W'dliam White, Sr., Chairperson, William F. Clark and Lynni.~ B. Vernon for tabulation, ~:pott and recommendation to Council. CONSENT AGENDA C-1 C-2 (APPROVED 4-0) ALL MATrERS LISTF. D UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MAYOR AND btF. MBERS OF CITY COUNCIL AND WII.I. BE ENACTED BY ONE MOTION IN THE FORM, OR FORMS, LIS'rED BEI.OW. TI-IERE WH.L BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WiLl. BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meetings of Council held on Monday, April 5, 1993; Monday, April 12, 1993; Monday, April 19, 1993; and Monday, April 26, 1993; and the special meetings held on Monday, April 26, 1993; and Thursday, April 29, 1993. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from Vice-Mayor Beverly T. Fitzpatrick, Jr., requesting an Executive Session to discuss 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. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss 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. 2 C-3 C-4 C-5 C-6 C-7 A communication from Mayor David A. Bowers with regard to "unfunded mandates" which are imposed upon municipalities throughout the nation in the form of congressional laws or administration regulations. RECOMMENDED ACTION: Receive and file. A communication from Mayor David A. Bowers with regard to the issue of local government reorganization. RECOMMENDED ACTION: Refer to the City Attorney for study, report and recommendation to Council by September 1, 1993. A report of the City Manager with regard to the status of cleanup efforts following sto,m damage which occurred on June 4, 1993. RECOMMENDED ACTION: Receive and file. A report of the City Manager with regard to traffic flow improvement options for Elm Avenue, S. E., from Jefferson Street to Interstate 581. RECOMMENDED ACTION: Receive and file. A report of the City Attorney requesting that Council convene in Executive Session to discuss a matter of probable litigation, being a claim of the City against a corporation for taxes owed to the City, pursuant to Section 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 a matter of probable litigation, being a claim of the City against a corporation for taxes owed to the City, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. 3 C-8 A report of the City Manager requesting that Council convene in Executive Session to discuss the location of a prospective business when no previous announcement has been made of the business' interest in locating in the community, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss the location of a prospective business when no previous announcement has been made of the business' interest in locating in the community, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. C-9 Qualification of John H. Parrott as a member of the Roanoke Valley Resource Authority Board to fill the unexpired term of Joel M. Schlanger, resigned, ending December 31, 1995. RECOMMENDED ACTION: Receive and file. C-10 Qualification of Marc J. Small as a member of the Roanoke Public Library Board for a term of three years ending June 30, 1996. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 3. HEARING OF CIT17 F NS UPON PUBLIC MATrERS: ao Request to present the Enterprise Foundation's Report on Affordable Housing in the Roanoke Valley. Debbie Kendall, Chairperson, Governmental Affairs Subcommittee to the Roanoke Regional Housing Network. Referred to the City Manager for study, report and recommendation to Council. 4 4. PETITIONS AND COMMUNICATIONS: None. 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending acceptance of a Library Services and Construction Act Title I, Subregional Library for the Blind Grant, in the amount of $6,885.00; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31592 on first reading and Resolution No. 31593-072693. (4-0) o A report recommending acceptance of a Local Government Challenge Grant from the Virginia Commission for the Arts, in the amount of $2,230.00; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31594 on first reading and Resolution No. 31595-072693. (4-0) o A report recommending authorization for the Roanoke Interagency Council to designate its Chairperson and two other members to approve all contracts and agreements required for the delivery of services to eligible children. Adopted Resolution No. 31596-072693. (4-0) 5 A report recommending Council's concurrence in recommendations submitted by the City Manager's Committee on the Homeless for allocation of Emergency Shelter Resource Funds, and authorization to execute sub-grant agreements with Roanoke Area Ministries, Roanoke Valley Trouble Center, Inc., and Total Action Against Poverty. Adopted Resolution No. 31597-072693. (4-0) A report recommending execution of an agreement with Total Action Against Poverty in Roanoke Valley, Inc., for cooperative administration of the Emergency Home Repair Program. Adopted Resolution No. 31598-072693. (4-0) A report recommending execution of an agreement with Total Action Against Poverty in Roanoke Valley, Inc., for the Summer Food Service Program. Adopted Resolution No. 31599-072693. (4-0) o A report recommending acceptance of a Virginia Delinquency Prevention and Youth Development Act grant, in the amount of $37,919.00, from the Virginia Department of Youth and Family Services; and appropriation and transfer of funds in connection therewith. A report recommending acceptance of a grant, in the amount of $93,592.17, from the State Department of Fire Programs, to be used for procurement of materials and equipment for training and development, as well as fire suppression equipment; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31600 on fa'st reading and Re, solution No. 31601-072693. (4-0) 6 A report recommending the purchase of certain hockey equipment from Strut Specialties, Inc., for professional hockey games to be hosted at the Civic Center Coliseum; and appropriation of $35,000.00 in connection therewith. Adopted Budget Ordinance No. 31602 on first re. ding and Resolution No. 31603-072693. (4-0) 10. A report recommending the purchase of leased communications equipment in order to reduce the City's communications costs. Adopted Resolution No. 31604-072693. (4-0) 11. A report recommending adoption of a City land acquisition policy which requires some form of environmental site assessment evaluation for all property interest purchases. Adopted Resolution No. 31605-072693. (4-0) 12. A report recommending an amendment to the City Code which would exempt public utility companies and their agents from street opening permit fees for work conducted in the public street right-of-way in connection with any City or Virginia Department of Transportation project. Adopted Ordinance No. 31606 on first reading. (4-0) 13. A report recommending execution of a City-State Agreement between the City and the Virginia Department of Transportation relating to a project for replacement of the Fifth Street Bridge over Norfolk Southern Railroad; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 31607 on first reading and Resolution No. 31608-072693. (4-0) 7 be 14. A report recommending execution of a lease for public safety storage space from Appalachian Power Company, at a cost of $6,000.00 per year to the City. Adopted Ordinance No. 31609 on first reading. (4-0) 15. A report recommending an amendment to the existing agreement with Mattern & Craig, Inc., in the amount of $25,677.00, to provide additional engineering services in connection with improving water facilities for Roanoke Centre for Industry and Technology; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 31610 on first reading and Resolution No. 31611-072693. (4--0) 16. A report recommending approval of Change Order No. 3 to the City's contract for construction of Carvins Cove Filter Plant Improvements - Phase I with Crowder Construction Company, in the amount of $319,679.78, in order to permit the introduction of chemical treatment of raw water at the intake chamber on the face of the dam. Adopted Ordinance No. 31612 on first reading. (4-0) 17. A report recommending acquisition of certain properties required for construction of Carvins Cove Phase I and Phase II Waterline Improvements. Adopted Ordinance No. 31613 on first reading. (4-0) ACTING DIRECTOR OF FINANCE: 1. A financial report for the month of June, 1993. Received and filed. 8 6. REPORTS OF COMMITrEF~: ao A report of the committee appointed to tabulate bids received for construction of the new Falling Creek Finished Water Reservoir located in Bedford County, recommending award of a contract to Hammond-Mitchell, Inc., in the amount of $230,000.00; and transfer of funds in connection therewith. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 31614 and Ordinance No. 31615 on first reading. (4-0) 7. UNFINISHED BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF Ordinance No. 31563, on second reading, permanently vacating, discontinuing and closing a 265.15 foot section of Burks Street, S. W., formerly known as Reed Street. Adopted Ordinance No. 31563-072693. (4-0) 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTI-1FR HEARINGS OF CITIZF~NS: None. CERTWICATION OF EXECUTIVE SESSION. (44)) 9 Reappointed Elizabeth T. Bowles as the City's representative to the Board of Directors of Total Action Against Poverty. Appointed Peter R. Lampman, Estelle H. McCadden and Catherine Fox as members of the Special Events Commiaee. Waived the City residency requirement for Mr. Lampman. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABllJTIES ACT. Reasonable efforts will be made to provide adaptations or accommodations, based on individ-al needs, for qnalified individuals with disabilities, in any program or service offered by thc City Clerk's Office, provided that reasonable advanced notification has been received. 10 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAK1N Deputy City Clerk July 30, 1993 File #27-468 The Honorable William White, Sr., Chairperson ) Kit B. Kiser ) Committee Steven L. Walker ) Gentlemen: The following bids to remove, transport and dispose of digested, lagooned sludge from the Water Pollution Control Plant, 1402 Bennington Street, S. E., were opened and read before the Council of the City of RoanoKe at a regular meeting held on Monday, July 26, 1993: BIDDER Bio-Gro Systems, Inc. Robinson Pipe Cleaning Co. cOST PER DRY TON $ 80.75 82.07 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Wilburn C. Dibling, Jr., City Attorney MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #67-353 The Honorable William White, Sr., Chairperson ) William F. Clark ) Committee Lynnis G. Vernon ) Gentlemen: The following bids for handicapped compliance at Villa Heights Recreation Center, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, July 26, 1993: BIDDER BASE BID TOTAL Williams Painting and Remodeling, Inc. Construction Services of Roanoke, Inc. R. B.S. Building Management $ 17,562.00 17,640.00 22,130.00 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, Mary F.~arker, CMC/AAE City Clerk MFP: sm pc: Wilburn C. Dibling, Jr., City Attorney MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE David A. Bowers Mayor Beverly T. Fitzpatrick, Jr. Vice-Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 July26, 1993 Council Members: Elizabeth T. Bowles James G. Harvey, II Delvis O. "Mac" McCadden Howard E. Musser William White, Sr. The Honorable Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss 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. Beverly T. Fitzpatrick, Jr. Vice-Mayor BTFjr:se MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #60-137-175 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Mayor David A. Bowers with regard to "unfunded mandates" which are imposed upon municipalities throughout the nation in the form of congressional laws or administration regulations, which communication was before the Councli of the City of Roanoke at a regular meeting held on Monday, July 26, 1993. The Mayor also advised that it was the suggestion of the U. S. Conference of Mayors that bills sent to citizens by localities (for example: water blils, etc. ) show the calculated percentage which is charged as a result of Federal unfunded regulations in order that citizens will begin to understand how much they are paying for such unfunded mandates. Therefore, the suggestion was referred to you for consideration. On motion, duly seconded and adopted, the communication was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room ,~56 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #60-137-175 The Honorable J. Brandon Bell, Member, Virginia Senate The Honorable A. Victor Thomas, Member, House of Delegates The Honorable Clifton A. Woodrum, III, Member, House of Delegates L. D. Oakes, President, Virginia Municipal League R. Michael Amyx, Executive Director, Virginia Municipal League Gentlemen: I am enclosing copy of a communication from Mayor David A. Bowers with regard to "unfunded mandates" which are imposed upon municipalities throughout the nation in the form of congressional laws or administration regulations, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, July 26, 1993. On motion, duly seconded and adopted, the communication was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 July 13, 1993 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virglnin Dear Mrs. Bowles and Gentlemen: At the meeting held in June of The United States Conference of Mayors (USCM), the Mayors of America resolved to fight the increasing number of "unfunded mandates" which are imposed upon municipalities throughout the nation in the form of congressional laws or administration ragulations. Sounds fami~ar! We have been attempting to bring that issue to the attention of our citizens for quite some time regarding the increasing number of "unfunded mandates" from the General Assembly of Virginia and the Commonwealth. Apparently, it is a nationwide problem. I would respectfully request that this letter and the attached resolution from the USCM be placed on the next Consent Agenda of Council, and, thereafter, be received and filed. Additionally, I respectfully request that a copy of this correspondence and the resolution be sent to our local state Senators and Delegates and to the Executive Director and President of the Virginia Municipal Lea~te. Also, it was suggested that on any bills sent out to our citizens by the City of Roanoke (for instance, water bills, etc. ) that the calculated percentage which is charged as a result of Federal unfunded regulation be listed so that our citizens can begin to understand what they are paying for these unfund.e.d mandates. I would respectfully request that this suggestion be passed on to the City Manager for his consideration. Finally, The United States Conference of Mayors has requested that all the Mayors of America participate in a "NUMB" Day in September 1993. "NUMB stands for National Unfunded Mandate Boycott" and is an attempt by the USCM to bring this increasing problem to the attention of the Congress and the national media. I would respectfully suggest that the City of Roanoke participate in this effort in September. The Honorable Vice-Mayor and Members of Roanoke City Council Page 2 June 13, 1993 Again, thank you for your consideration of this request. Sincerely, Mayor DAB :jas Enclosure pc: The Honorable J. Brandon Bell, Member, Virginia Senate The Honorable A. Victor Thomas, Member, House of Delegates The Honorable Clifton A. Woodrum, III, Member, House of Delegates The Honorable Wjlliam R. Hartz, President, Virginia Municipal League Mr. R. Michael Amyx, Executive Director, Virginia Municipal League SENT BY: 7-18-98 ;11:29A~ ; U.S. CONF. MAYORS~ 708 981 2040;# f~solution Adopted at the 61st Annual Conference of Mayors New York City, NY, June 1993 Resolution NO. 56 Submitted The Honorable Edward Randall Mayor of Philadelphia The Honorable Victor Ashe Mayor of Knowville The Honorable Jerry Abramson Mayor of Louisville The Honorable Elizabeth D. Rhea Mayor of Rock Hill The Honorable Paul Soglin Mayor of Madison The Honorable WilliamJ. Althaus Mayor of York HAND. TI RBLZEP - N'ATZON~Z. UNFUNDmD M~D~T~ DAY (NUMD) 2) a) 4) 6) 7) WIiBREAB, the increase in unfunded federal mandates to cities is having a profound adverse financial impsot on American cities; and WH~RE~8, the underlying foundation of federalism is a working partnership between the federal, state, and local levels of government; and · IlER~8, such partnership implioltly and explicitly conforms to a notion of shared responsibility and accountability; and NHBRB~g~, the current practice of unfunded federal mandates results in neither shared responsibility nor accountability; and NRRRRA~, unfunded state ~andates on local governments constitutes a similar breach of the underlying principles of federalism and partnership; and Nlt~qt~AS, the cities of Columbus, Ohio and Chicago have statistically quantified the costs of federal mandates to their respective cities; and W~aRBA~, the United States Conference of Mayors hms documented the increasing importance of unfunded mandates on city budgets in previous surveys; and 9 SENT BY: 7-13-93 ;ll:30Abt ; U.S.CONF, btAYOR$- 703 981 2040;# 3/ 3 lO) 11.) 1.2) 13) 1.4) 15) NH~]~E/%B, citizen awareness of the devastating affsc~ of unfunded mandates on local governments end therefore their OWn lives is ex~remely low; and w~, increased citizen awareness is absolutely necessary tO effect positive change on this issue: and WHEREA~, effective mandate relief legislation must incorporate not only a statement of costs un state and local governments, known as fiscal notes, but must also contain stipulations that unless the federal government includes funding for mandated programs they should not he valid; and I~HE~E~, risk assessment is a crucial and fundamental component to any cost-benefit analysis of mandates and should be included in all pending legislation which will mandate programs on state and local governments, NOW, THE~O~ BE IT P~SOLF~D that The United States Conference of Mayors calls on Congress and the President to oppose any regulation, policy proposal, or legislative bill which' mandates programs and responsibilities on state and local governments without full federal funding; and BE ZT FURT~ER~OLF~D, The United States Conference of Mayors calls on Congress and the President tO perform risk assessment and cost-benefit analyses on all legislation which recall=es mandates on state and local goverl%ments: and BE IT F~TNER ~BOLF~D, that The United States Conference of Mayors supports a "National Unfunded Mandate Day" in September, 1993 during which Mayors of all ~lties condu~c simultaneous press conferences in,heir City Halls on that 4ay to draw attention and heighten awareness to ~he tremendous cost such mandates impose upon :ity residents; and B~ IT F~B~HE~ ~Ob~D, ~hat the President of The U.S. Conference of Mayors shall appoint a co~ittee to plan for "National Unfunde~ Mandate Day" and to coordinate with other associations representing local government. Projected Cost: 10 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 456 Roanoke, Virginia 2,~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #91-132-175 Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: I am attaching copy of a communication from Mayor David A. Bowers with regard to the issue of local government reorganization, wh/ch communication was before the Council of the City of Roanoke at a regular meeting held on Monday, July 26, 1993. On motion, duly seconded and adopted, the matter was referred to you for report to Council by September 1, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm rnc. pc: W. Robert Herbert, City Manager David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 July 26, 1993 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles, Vice-Mayor Fitzpatrick and Gentlemen: There really hasn't been any doubt in my mind that the citizens of Roanoke City and County are coming to grips with the reality that neither they, nor any one else in our region, can afford to have an inner-city with a decreasing population. Roanoke, which was once the fifth largest city in Virginia with a population of over 100,000 people may, in the decade after the year 2000, slip below the 90,000 mark. We don't want people to confuse us with the smaller city of Roanoke Rapids, North Carolina, as we have had a proud history of being "the Magic City" distinguished by our progress, growth and economic stability for so many years. We need to be rapid Roanoke, not Roanoke Rapids ! There was little doubt in my mind, also, that the citizens of Roanoke City and County are in fact willing to take another look at the issue of local government reorganization. Although County citizens defeated the most recent merger vote in 1990 by a 70 - 30 margin, I'm of the belief that nowadays the vote would be much closer, and I'm confident that the merger proposal would pass in Roanoke County if the referendum were held today. Notwithstanding the outspoken critics of the proposal, I'm still convinced that the citizens know that the time is right. In the last couple of weeks, since my State of the City speech, I've been extremely pleased with the comments from Roanoke County citizens expressing support for local government reorganization. When I return from my trip in Russia, I hope to discuss with local citizens and the Members of Council suggestions as to how we can renew deliberations between City and County citizens as to how to go forward with this effort. In the meantime, several legal questions remain which need to be addressed. Just before leaving for Russia, I spoke with Councilman Jimmy Harvey about his inquiry as to the many legal questions which the earlier proposals have raised. I'd therefore like to request that Council ask the City Attorney, Mr. Dibling, to respond by September 1, 1993, as to the following three issues: The Honorable Vice-Mayor and Members of the Roanoke City Council July 26, 1993 Page 2 (1) (2) (3) What legal steps must be taken for the City of Roanoke to surrender its Charter, admittedly a drastic move, in order that we might revert back to Town status or as a part of Roanoke County and then, as a majority of citizens of the County, insist upon reorganization of our local government with the County. What steps need to be taken in order to allow the City of Roanoke to once again annex. As has been indicated in news articles written in the Richmond Times Dispatch and the Roanoke Times & World-News, cities such as Raleigh and Charlotte have continued to thrive because they have been allowed to annex into progressive growing areas in their surrounding counties. In Roanoke, it's important for us to have this authorization reinstated to annex surrounding areas outside of our current City boundaries in order that we will thrive, also. I know that Mr. Harvey has been an outspoken critic of rules, regulations, and projects for localities which are mandated without providing the necessary funds to carry out those proposals. As I've mentioned to some of you following my visit to the United States Conference of Mayors Convention in New York City in June, the Mayors of America are getting together to organize a "NUMB Day" which is in September of this year. NUMB stands for National Unfunded Mandate Boycott and all the Mayors of America are trying to emphasize to Congress that the time is over for the Federal Government to mandate to localities what must be done, without providing the necessary funds. The same is true here in Virginia, and we need to have some legal guidance as to how to deal with the General Assembly and Virginia's State Government when unfunded mandates are handed down from them to us. The Honorable Vice-Mayor and Members of the Roanoke City Council July 26, 1993 Page 3 I respectfully request that this letter be placed on the Consent Agenda for the regular meeting of Council on Monday, July 26, 1993, and thereafter be referred to the City Attorney for his report back to Council by September 1, 1993. Best personal regards to each of you. Sincerely, David A. Bowers Mayor DAB: sm '93 JLlt. 21 P2 Office of the City Manager July 26, ]993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: Subject: Cleanup from June Storm Damage Shortly after the storm hit on June 4, 1993, Parks and Grounds Maintenance crews began clearing and opening streets, alleys, and sidewalks. Early the following week a comprehensive City approach to the cleanup effort was initiated by Public Works. Street Maintenance was assigned the storm related brush collection from the streets in the northern half of the City. Parks and Grounds Maintenance was assigned the southern half of the City, and Solid Waste Management was to remove storm damage materials from alleys. Public Works crews were not the only City department to be involved in the cleanup operation. Jesse Perdue, Manager of Utility Line Facilities, volunteered to assist and sent a crew to the Riverdale and Garden City sections of the City for 1 week. Several individuals volunteered to assist as well. Jim Ritchie, Assistant City Manager, volunteered his labor and assisted the Street Department. Robert Agnor, Communications Manager, assisted Parks and Grounds. Bill Clark, Director of Public Works, volunteered 10 hours on a Saturday and helped load limbs by hand into dump trucks. Employees from Custodial Services and Building Maintenance also participated. It was decided early on that we did not want to flood the landfill with limbs and brush. Ail storm debris was stockpiled at the Public Works Service Center, under Memorial Bridge, or the back side of Fallon Park. Employees of Solid Waste Management have begun chipping the debris into mulch which is offered to the public free of charge. Upon completion of the chipping operation at the Service Center, the tub grinder will be moved to Memorial Bridge and later to Falion Park. This rental equipment is invaluable in reducing the volume of wood debris. As of July ]1, 1993, 8,629 regular hours and 1,931 overtime hours have been directed to the special pickup. A total of 1,383 dump truck loads of limbs and brush have been collected. The cost of this special collection is in excess of $250,000. This cost has been absorbed by each participating department with no special or outside funds. It wili undoubtedly have an impact on departmental operations later in the year. Room 364 Municipal Building 215 Church Avenue, 5.W. Roanoke, Virginia 24011 (703) 981 ~2333 Mayor Bowers and Council Members Page 2 This special collection is scheduled to end on July 23, 1993. A final sweep of the City is now taking place. Upon completion of this sweep, attention will be given to downed trees and limbs in the parks. Special attention will be given to the mowing of median strips and rights-of-way. Barring no unforeseen storms or extremely wet weather, service should return to normal in the next few weeks. The public has generally been very patient with our delay in responding to individual requests for service. We also acknowledge that our level of attention to roadside maintenance has been negatively impacted by this effort. Hopefully, we will have no similar emergency conditions for a sufficient period of time to allow operations to return to normal. Respectfully, W. Robert Herbert City Manager WRH:WFC:pr CC; Mr. William F. Clark, Director of Public Works Mr. James A. McClung, Manager, Fleet & Solid Waste Management Mr. William L. Stuart, Manager, Streets & Traffic Mr. Henry E. Culp, Superintendent, Parks & Grounds Maintenance '93Roltgo , July 26, 1993 Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Traffic Flow Improvement Options for Elm Avenue, S.E. (Jefferson Street to Interstate 581) I. Background: Briefing on the repair work for Elm Avenue, S.E. over Interstate 581 (I-581) to be done by the Virginia Department of Transportation (VDOT) was presented to City Council on June 14, 1993. Councilman James G. Harvey made a request to further study and evaluate the cost to improve traffic flow, especially with regard to upgrading the traffic signals along Elm Avenue. Be City Council previously expressed concern at its meeting on September 28, 1992 that the Elm Avenue congestion needs to be alleviated through better synchronization of the traffic signals or by placement of police officers to direct motorists during peak traffic times. II. Current Situation: Response to City Council's concerns of September 28, 1992 was made to City Council in a report dated November 23, 1992. Information presented at that time remains current. It was reported that Elm Avenue, S.E. from Jefferson Street to 1-581 is a four-lane roadway measuring 1/4 mile in length (divided by a concrete median that includes turn lanes) with four (4) signalized intersections (Jefferson Street, Williamson Road, 1-581 Southbound Ramp, and 1-58! Northbound Ramp). This roadway handles traffic ranging from approximately 20,000 to 30,000 vehicles per day. Morning and evening traffic creates congestion (which periodically occurs at other times of the day as well) for Elm Avenue traffic and for traffic attempting to enter or exit Elm Avenue at these four signalized intersections. Members of City Council Page 2 The existing traffic signal control equipment is timed to favor traffic exiting 1-581/U.S. 220 (where traffic already backs onto I-§81/U.S. 220 during peak traffic times). The timing for this equipment could be adjusted to provide better traffic movement (progression) along Elm Avenue. However, the resulting additional back-up of traffic on 1-581/U.S. 220, which handles approximately 60,000 vehicles per day, would clearly create an unsafe condition. Therefore, it is not in the best interest of the traveling public to change this signal timing to favor Elm Avenue. The Roanoke City Police Department has reviewed the concept of placing police officers at all four of these intersections during peak traffic times (manual traffic control). To effectively perform manual traffic control at these locations, it would require a minimum of nine (9) police officers four (4) hours per day, 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. Smooth traffic flow through this area would require considerable communication between the officers in each intersection. A radio frequency would have to be totally dedicated to this purpose. Even so, coordination between officers for this distance would be extremely difficult, at best. Manual traffic control for this area would be hazardous for the officers involved, would not solve the problem and would certainly create a burden in the Police Department in respect to manpower and the commitment of time that would be necessary. The ultimate solution for the relief of this traffic congested arterial is a major construction project involving a multi-million dollar investment. Various alternatives that will need to be considered, either individually or An combination with one another, include: 1. Widen Elm Avenue to create more vehicular storage capacity. Construct loop-ramps interchange) on the east thereby eliminating the Northbound Ramp. (partial cloverleaf side of 1-581/U.S. 220 traffic signal at the Members of City Council Page 3 III. Construct an elevated bypass that would carry through traffic over the congestion occurring at the traffic signals, thereby reducing overall delay for vehicles turning onto and off of Elm Avenue. Reconfigure entire interchange to create an "urban interchange" with one traffic signal at the center rather than the two traffic signals at each ramp. It should also be noted that the Fifth Planning District Commission, with input from an advisory committee that includes representatives from the City and the Virginia Department of Transportation (VDOT), is in the process of drafting the City's new Thoroughfare Plan, as recommended in Roanoke Vision (the City's adopted comprehensive plan)· The City Thoroughfare Plan is intended to serve as a guide for future highway improvements as well as input into VDOT's update of the Roanoke Valley Area Lonq Range Transportation Plan. A high priority recommendation of the draft City Thoroughfare Plan is the improvement of the Elm Avenue/I-581 interchange· Subject to City and State approvals, this project could ultimately be included in the VDOT's Six-Year Highway Improvement Plan. However, at this time, the City's projected allocation of funds in this Plan are committed to other ongoing projects (such as Peters Creek Road Extension, etc.) through FY 97-98. Therefore, such a project could not begin to be funded until FY 98-99. Be City is taking advantage of VDOT's current repair project as an opportunity to repair traffic signals' vehicle detection equipment on Elm Avenue bridge. This should result in some marginal improvement to traffic flow on Elm Avenue over 1-581. Issues: A. Traffic flow B. Cost C. Timing IV. Alternatives: Members of City Council Page 4 Upgrade traffic signalization equipment on Elm Avenue at 1-581. Traffic flow would not improve by any measurable degree. City and VDOT traffic signal experts agree that upgrading the signalization equipment would be a poor investment as there would be no perceived benefit realized. The existing traffic flow problem results from the configuration and size of the interchange, a problem which cannot be overcome by signalization modifications without creating intolerable delay on sidestreets such as Jefferson Street and Williamson Road, as well as lengthy traffic back-ups on 1-581. Cost of replacing signalization control equipment along Elm Avenue is estimated to be between $75,000 to $100,000. Timing is dependent upon availability of funding. A minimum of six (6) months would be required to implement signal equipment from the time that funding is made available. B. Reconstruct Elm Avenue/I-581 interchange. Traffic flow would improve in accordance with the amount of additional roadway capacity that would be able to be created· An extensive engineering study would need to be performed to determine the new configuration that could be built. Cost to construct a new interchange would be a multi-million dollar project. Funds would likely come from VDOT's urban construction program, for which Roanoke currently receives an annual allocation of approximately $5.3 million. Timing for the use of VDOT funds to start this project is FY 1998-99, at the earliest, due to other project commitments with VDOT funds. C. Continue to maintain existing signalization on Elm Avenue· Members of City Council Page 5 1. Traffic flow will continue to operate at its current level. 2. Cost to maintain is included in operating budget for Traffic Engineering Division. 3. Timinq is not an issue, as maintenance is handled on a regular basis. Recommendation is that the Traffic Engineering Division continue to maintain existing signalization on Elm Avenue. At an appropriate future date, City Council will likely be requested to provide a resolution to VDOT to program a reconstruction project for Elm Avenue/I-581 interchange. That future date will, to some extent, be determined by the recommendation of the City Thoroughfare Plan which is expected to be presented to City Council within the next six months. WRH:RKB:jrm copy: City Attorney Acting Director of Finance Director of Public Works City Engineer Traffic Engineer Chief, Community Planning Respectfully submitted, W. Robert Herbert City Manager CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 703.981-2431 July 26, 1993 WILSURN C. DISLING, JR. WILLIAM X PARSONS STEVEN J. TALEVI KATHLEEN MARIE KRONAU GLADYS L. YATES ASSISTANT CITY ATTORNEYS The HOnorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session pursuant to S2.1-344 A amended, to disus ...... ()(7), Code of Viro~n~ ,~n=,, ~.~= ulcy against a Corporation~f^~ ~= alclgation being a claim of ua =axes owed to the City. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCD:f cc: W. Robert Herbert, City Manager James D. Grisso, Acting Director of Finance '93 JUL22 P2:34 July 26, 1993 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss the location of a prospective business when no previous announcement has been made of the business' interest in locating in the community, pursuant to S2.1-344(A)(5), Code of Virginia (1950), as amended. Very truly yours, W. Robert Herbert City Manager cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Phillip F. Sparks, Acting Chief, Economic Development & Grants Mary F. Parker, City Clerk MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #15-110-144-253 Gardner W. Smith, Chairperson Roanoke Valley Resource Authority P. O. Box 29800 Roanoke, Virginia 24018-0798 Dear Mr. Smith: This is to advise you that John H. Parrott has qualified as a member of the Roanoke Valley Resource Authority Board, to fill the unexpired term of Joel M. Schlanger, resigned, ending December 31, 1995. Sincerely, ~t.~.~..~._ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: John H. Hubbard, Chief Executive Officer, Roanoke Valley Resource Authority, 3433 Brambleton Avenue, S. W., Roanoke, Virginia 24018 Carolyn B. Wagner, Secretary, Roanoke Valley Resource Authority, 3433 Brambleton Avenue, S. W., Roanoke, Virginia 24018 Kit B. Kiser, Director, Utilities and Operations 0-2 Oath or Affirmati r 4o Office 8tat~ of Virginia, Cit~] of Roanoke, ~o .wit: I, John H. Parrott , do solemnly swear (or affirm) that will support the Constitution of the United States, and the Constitution of the State of Virginia, and that will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Valley Resource Authority Board, to fill the unexpired term of Joel M. Schlanger, resigned, ending December 31, 1995. according to the best of my ability. Subscribed and sworn to before me, this So help me /~/ /~/~/ day oL, , ~f ! Deputy Clerk MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #15-110-323 Frank J. Eastburn, Chairperson Roanoke Public Library Board 1810 Denniston Avenue, S. W. Roanoke, Virginia 24015 Dear Dr. Eastburn: This is to advise you that Marc J. Small has qualified as a member of the Roanoke Public Library Board, for a term of three years ending June 30, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: M. Emily Keyser, Acting City Librarian 0-2 Oath or Afflrma iow t tf ¢e '93 JUL 15 ~1:23 5~ate o~ Vi~'~inia, ~i$y o~ Roanoke, to .wiS: I, ~arc ~. SmalX , do solemnly swear (or affirm) that will support the Constitution of the United States, and the Constitution of the State of Virginia, and tlmt will faithfully and impartially discharge and perform all the duties incumbent upon me ss member of the Roanoke Public Library Board, for a term of three years ending June 30, 1996. according to the best of my ability. Subscribed and sworn to before me, this ~o help me God. /~ /;~/~ da~ MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #178 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of the Executive Summary of the Enterprise Foundation on Affordable Housing in the Roanoke Valley, which report was before the Council of the City of Roanoke at a regular meeting held on Monday, July 26, 1993. On motion, duly seconded and adopted, the recommendations contained in the Executive Summary were referred to you for study, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc; Debbie Kendall, Chairperson, Governmental Affairs Subcommittee to the Roanoke Regional Housing Network, P. O. Box 598, Roanoke, Virginia 24002 Sarah C. Wallace, President, Roanoke Regional Housing Network, P. O. Box 598, Roanoke, Virginia 24002 Wilburn C. Dibilng, Jr., City Attorney James D. Grisso, Acting Director of Finance William F. Clark, Director, Public Works Ronald H. Miller, Building Commissioner H. Daniel Pollock, Jr., Housing Development Coordinator RO R July 15, 1993 MS. Mary Parker, Roanoke City Clerk Municipal Building 215 Church Avenue Roanoke, Virginia 24011 Dear Ms. Parker: On behalf of the Roanoke Regional Housing Network, I would like to appear before Roanoke City Council on July 26, 1993 to present the Enterprise Foundation's Report on Affordable Housing in the Roanoke Valley. This presentation takes approximately 15-20 minutes. If possible, I would like to use an overhead projector and screen for part of the presentation. Please let me know if these are not available. Also, I think it would be helpful, if the Roanoke City Council members received a copy of the Executive Summary to the Enterprise Foundation's report in their agenda package prior to the meeting. Dan Pollock, the City's Housing Director, can supply you with copies of this summary. I understand that the City Council meeting is at 2 p.m. on July 26, 1993 in City Council Chambers. If possible, I would like to receive a copy of the meeting agenda prior to July 26. Thank~you very much. Please advise should you have questions. Sincerely, Debbie Kendall Chairman, Governmental Affairs Subcommittee to the Roanoke Regional Housing Network /DK cc: Sarah Carlson Wallace, President, Roanoke Regional Housing Network Dan Pollock, Roanoke City Director of Housing Affiliated with the Co,ncil of Commueitv Services P.O. Box 598, Roanoke, Virgi,ie 24002 (703) 985-0131 '93 JUL 20 ~9:00 ROANOKE, VA An Assessment Report On The Housing Needs, Programs And Opportunities In The Roanoke Valley Region May 1993 The Enterprise Foundation 500 American city Bldg. Columbia, Md. 21044 410/964-1230 About The Enterprise Foundation The mission of The Enterprise Foundation is to see that all low-income people in the United States have the opportunity for fit and affordable housing within a generation and to move up and out of poveny into the mainstream of American life. Enterprise uses a comprehensive approach to change the way low-income housing is produced in this country. Enterprise brings together all available partners to prod~e housotg affordable to the poor. Recognizing that people's needs go beyond housing, F. nterprise helps develop ways to link human services with the housing. And to a~ure that support for low-~ people continues and grow~, Enterprise workt at ~ polttrle~ arid progranu. ~ 'rm~m l~.nt~erprise: Jay lViatcus Bill Duncan Based on a de~Lre to begin a regional effort addressing the housing problems in the area, the Roanoke Regional Housing Network contracted with The Enterprise Foundation for an Assessment of the al~a's housing situation and recommendations for incr~i.g local Housing Need The Roanok~ region (defined in ~is report as Roanol~ City and Count~, Vinmn and Salem) con.ins ov~ 200,000 half the POl~d~tioIl ill gle ~ llv~ outside of the city of Roanolr~ in ~he more suburban locations in Rmnol~ county and in the city of Salon. Whil~ sgn prosperous, the city wear gu-'ou~h its major growth in ~e po~ World war n period county and Salem expe~ U~nendous growth in the 1960s and 1970s. T~ housing stock is thus be~'nnlng to show signs of ~ ami del~ior~n. Some of such as low appraisals and th~ perceplion 1 Executive Summary of neighborhood deterioration causing a lack of available equity in housing to finance needed improvements, high energy costs, expensive historic restoration standards and substantial and increasing development fees. In addition, the region is faced with growth in population of households that often have financial and other difficulties in ho~Lq~. ~ number of elderly and female ~ households have each increased by over 20 percent between 1980 and mo~ housing needs than the rest of the pol~d~tlml. Social service ~roups have indicaled a ~,io,,t~h in the number of homeles~a hi~ perc~tag~ of whom have some ai-~lity-subs~nce abuse, HIV/AID$ or m~tal illn~s. The major engine of job ~ in the region has secl~rs (which increased by 60 percent and 25 peix~nt, r~ively between 1983 and 1991), as the hisher paying manufacturing 1 Wltile it is hard to quantify the housing' problems, there are several indices that reflect need. Census data indicates that over 6,800 households earning under $20,O00/year pay more than 35 percent of their income to rent, and over 2,900 homeowners with such incomes pay over 35 percent toward hom~p co~. It i$ con~rvatively e~dmated that a minimum of 2,250 lower-income households need assi.smnce in complet/~ necessary reaovafiom on th~ homes and over 2,600 ~enml units are in need of some sufferin~ from a slightly decl~sln$ homeownership rate and an insuffidmt infrastructure and housin$ sWck to ~ the ove~ 17,000 dis~led people. Capadty Lucidly, the~ a~e working to ~ the~ lm/~ems. To~l Action Agnin~t Poverty (TA~ a~d il~ spin-off TAP Ho-sinS Co~. both nonprofit corpomioos-p/ovid~ range of rehabililal/nn s~rvicen for homeowners, OlXn~ ~ housi~ in t~ dry. 1~ Corp. ~l~ two commtl~t~-b~d o ~r~ni~-ions ~u have b~a first-time homebuying opportunities as pan of their effom to improve their neighborhoods for over 14 yeah. Northwest Euvironmeatal has experience in rehabiUtafion and nmmging rental housing. The Roanok~ City Rescue Mission, the Salvation Army, TAP (u mentioned above) and TRUST provide crudal emergency and t~n.~ti,~al homele~ ho-~ing. In addit/on ~o ~mred nonprofit players, Roanoi~ dry ~ fommat~ to ~ve an active Red~t and Authodty that provides a vaxiet~ of homeowner, rental ~ and homebuyer ass/stance ~,~rams and OlXWa~ a Sect/on 8 ~nt subsidy In~l'am, u weft ~ 1,500 The City Houshig Deferment has been creafivety and a~gress/vely paclm~ing a vadety of fundins sources to make these program, pros/hie and ope~*_~ a code eu~ delnttmeut that compl~es an iu,mp~otion w~ a ho,,,~,,g unit chnngqa occul;mnts. 2 enforcement and Roanolm county even less, both have sophisticated and interested planning depa~hnents poised for providing their localities with guidanc~ on ~dr~ssing housing n_ _,~_s. The banking community has also begun to find ways, through the Roanol~ Community Development Corp. and the Upper Stozy Hou~ng Development Low Interest Loan Pool (operated by DownWwn Roano~, Inc.), as well as individual bank products, to n~qist affordable honing development. However, these private and public efforts provide only a relatively small number of units ~nd are conceatratad in the city of Roanoke. Recommendations Additional cal~city is ~ to address the need for honing through both existing and new en~ifies. The EU~l~'ise Foundation recommends the followin~ steps: would use tbe full range of locally undm'-used Low-lncom~ 3 Housing Tax Credit, HOPE programs, Virginia State Housing Partnership and Housing Development Authority funding, local and nalional Foundation support, as well as HOME and Community Development Block Grant funding. Staff support should initially be raised locally through fund raising efforts coordinated by the Roanoke Regional Housing Network and the United Way. The Roanoke Regional Hon*ing Network would n~-qlqt the Development Corp. in defining and articulating housing production goals and identifying and overcoming obmcl~ to affordable housing. It would also build public support for affordable housing, advoc~ for increased housing resources and advise local governments on allocation of l~,~ing f-ll~m~. TAP Homing Corp. should reox~mi~ and refocus itself to com~trate on housing development for special needs populations and the homeless. It should work in partnership with exisliag social service or~ni~ons -TAPHC would act as the The Roanoke Redevelopment and Housing Authority should become a regional authozity, as pa~itted under ~ 36 of Virginia stat~ law, wi_~ governing body apptova~ (Salem City Coum:il, Rc~mo~ County Bo~u'ci of Sul:mrviso~ and Vinton Town Council). It should undemk~ homeowner and rm~l acquire sites through eminent domaia powers, and inc~ea~ use of affordabl~ homing goals. B~omin~ regiol~ should also inc~a~ the numb~ of Se~ou 8 ce~'tific~ and vouche~ it h~s and in~n~ tl~ oo~m~vemss of for funding. It ~ld al~o its ~mff trainin_~ tO boo~ productivity. 4 Other nei~borhood group~ ~ould provide a much nmlzd commtl~.ty planning pet-q~ctive, without which government and sub~lized housing effor~ u.maUy fail. Gx-oup~ ~uld for affordablz hon~/ng and help to x~d~ 'Not Xa My Tl~ thx~ govexmnent entit~ should join together to czea~ a HOME Comortium, which would enable them to inc~a~ the mount of federal fund~ in the t'egi~ for affot'dalM~ hou.~ing e~orta. appmv~ f~r affO~d~h~ housing rapidly and eff~ently and ovenee tl~ implementation of zonin~ alxd bnlil,dln~ CXXJe~ ~ ti:) a,ssJst affot'dablz hoa~in_o, n~i~ governing bodi~ in evalua~ug ~t'~ ptvlXmX to t~ionatXy ,empowc~ the Roanok~ Redevelopment and Housing Authority (RRHA) and create a HOME consortium, and devise specific locally supported housing programs. Roanoke county should aho adopt the BOCA code for existing properti~ (Volume I1) which would increaze the abil/ty to inspect and enforce housing cod~. The Roanoke Comnmni~ Development Corp. should create other products for providing equity for affora=ble housing, including using the Low-Income Housing Tax Credit. Area lendin~ institutions should expand on cxistin~ efforts to c~ea~ financial prcduc~s for affordable housing by ma~hin~ financing and more aggre~ve marketing. The lq'~terprise Foundaflou could offer technical as,~ance and training m nonprofi~ m increue bank, CDC aud govemm~r effo~ to add~u~ affordable housing and their involvement. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #236-323 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31593-072693 accepting a Library Services and Construction Act (LSCA) Title I Grant, in the amount of $6,885.00, to be used for enhanced library services for the visually impaired and physicaily disabled. Resolution No. 31593-072693 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 26, 1993. Sincerely, f~t.~./~,--- Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc-' Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Glenn D. Radcliffe, Director, Human Development M. Emily Keyser, Acting City Librarian Marie T. Pontius, Grants Monitoring Administrator Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of July, 1993. No. 31593-072693. VIRGINIA, A RESOLUTION accepting a Library Services and Construction Act (LSCA) Title I Grant for the Roanoke City Public Library. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant to the City of a Library Services and Construction Act (LSCA) Title I Grant in the amount of $6,885.00, to be used for enhanced library service for the visually impaired and physically disabled, as more particularly set forth in the July report of the City Manager to this Council, is hereby 26, 1993, ACCEPTED. 2. That the City Manager, or the Assistant City Manager, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of this grant and to furnish such additional information as may be required in connection with the City's acceptance of the foregoing grant. ATTEST: City Clerk. July 26, 1993 Honorable Mayor David Bowers and Members of City Council Roanoke, Virginia Mayor and Members of Council: SUBJECT: LIBRARY SERVICES AND CONSTRUCTION ACT (LSCA) TITLE 1, SUBREGIONAL LIBRARY FOR THE BLIND GRANT I. BACKGROUND Ao Federal aid through an LSCA Title I Grant for }6,885.00 has been approved for the Roan-~ke City PublTc Librar-Tby the Virginia State Library and Archives for FY 1993-94. Bo Roanoke City Public Library i_~s~ Subregional Library for the visually and physically disabled residents of the 5th Planning District. 1. Virginia currently has nine (9) subregional libraries. II. CURRENT SITUATION Library is committed to increasing the accessibility of library resources and the quality of service to the disabled and other special populations of the Valley through its Outreach Services Unit. Bo Direct user participation is needed to ensure quality service and user satisfaction. Public awareness of services and resources of the Library's Outreach Services Unit needs to be increased. De Duplication of Services with other local agencies is counter-productive. E. Library Administration recommends that the Subregional Grant of ~6,885.06'~u-~t-'~' 1. Establish a Subregional Library User Group. 2. Develop a Subregional survey of needs and services. o Continue the hours of existing part-time Library Assistant to maintain collection and files. 4. Continue staff training. 5. Maintain existing equipment. 6. Increase public relations activities. 1 III. IV. ISSUES A. Enhanced service to the visually and physically disabled: 1. Increased accessibility to Library resources for the print-disabled. 2. Increased public awareness of subregional and other Library resources. Budget Concerns Compliance with Regulations C. ALTERNATIVES A. Accept the LSCA Title I Subregional Library for the Blind Grant and appropriate 6,~5~00 to accounts to be established i'n the Grant Fund. 1. Enhanced service to the visually and physically disabled Staff will be able to increase public relations activities and conduct a needs survey and establish a User Group. 2. Budget Concerns Library expenditures will be increased without additional cost to the City. 3. Compliance with Regulations Grant must be expended by May 1, 1994. B. Do not accept the LSCA Title I Subregional Library for the Blind Grant and do not appropriate ~6~885.00 in the Grant Fund. 1. Enhanced service to the visually and physically disabled Service would remain at present level. 2.Budget Concerns Not an issue. 3. Compliance with Regulations Not an issue. V. RECOMMENDATION Ao City Council concur with Alternative A and accept the LSCA Title I Subregional Library for the BTind Grant in the amount of $6,885.00 and appropriate the funds to the following accounts to be established in the Grant Fund: 1. $ 3,902.00 2. $ 296.00 3. $ 500.00 4. $ 350.00 5. $ 137.00 6. $ 1,400.00 7. $ 300.00 to Temporary Employee Wages to FICA to Training & Development to Maintenance/Equipment to Administrative Supplies to Maintenance Contracts to Telephone #035-054-5040-1004 #035-054-5040-1120 #035-054-5040-2044 #035-054-5040-2048 #035-054-5040-2030 #035-054-5040-2005 #035-054-5040-2020 Establish a revenue estimate of ~6,885.00 for the Subregional Title I Grant in the Grant Fund. Co Authorize the City Manager or his designee to execute the necessary documents accepting the Grant for the Roanoke City Public Library. Respectfully submitted, W. Robert Herbert City Manager WRH/CG/MEK/js CC: Wilburn C. Dibling, City Attorney James Grisso, Acting Director of Finance Glenn Radcliffe, Director of Human Development M. Emily Keyser, Acting City Librarian bL~RY F. PARLOR City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #236-261-348-349 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31595-072693 authorizing acceptance of a Local Government Challenge Grant, in the amount of $2,230.00, from the Virginia Commission for the Arts, in order to make quality arts activities available to citizens of the City of Roanoke through services rendered by The Arts Council of Roanoke Valley, Roanoke Symphony Orchestra, and Mill Mountain Theatre. Resolution No. 31595-072693 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 26, 1993. Sincerely, ~O-~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Dr. Terry L. Cornwell, Executive Director, The Arts Council of Roanoke Valley, One Market Square, S. W., Roanoke, Virginia 24011 Margarite Fourcroy, Executive Director, Roanoke Symphony Society, 111 Campbell Avenue, S. W., Roanoke, Virginia 24011 Jere L. Hodgin, Executive Director, Mill Mountain Theatre, One Market Square, S. W., Roanoke, Virginia 24011 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Glenn D. Radcliffe, Director, Human Development Marie T. Pontius, Grants Monitoring Administrator Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1993. No. 31595-072693. A RESOLUTION authorizing the acceptance of a grant from the Virginia Commission for the Arts. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, or his designee, is authorized to accept a grant from the Virginia Commission for the Arts in the amount of $2,230.00 to be used for those purposes identified in the report of the City Manager to Council dated July 26, 1993; and authorizing the City Manager or his designee to execute the requisite grant documents in order to accept said grant on behalf of the City. All documents shall be approved by the City Attorney. ATTEST: City Clerk. July 26, 1993 Roanoke, Virginia Honorable Mayor and City Council Roanoke, Virginia Members of Council: SUBJECT: VIRGINIA COMMISSION CHALLENGE G~ANT FOR THE ARTS LOCAL GOVERNMENT I. BACKGROUND A. The City of Roanoke was notified of a Local Government Challenge Grant available through the Virginia Commission for the Arts. B. Local Government Challenge Grant Funds are available on a 50 50 matching basis, 50 percent state and 50 percent local. Application for the grant was made at the request of the The Arts Council of Roanoke Valley, Roanoke Symphony Orchestra, and Mill Mountain Theatre. II. CURRENT SITUATION A. Notification from the Commission for the Arts has been received that a grant of $2r230.00 is available. The grant will supplement funds already appropriated from the City to the organization through the Citizens Services Committee. The local funds will meet the 50 - 50 match. The Grant funds of $2~230.00 will be distributed to The Arts Council of Roanoke Valley ($744), Roanoke Symphony Orchestra ($743), and Mill Mountain Theatre ($743). III. A. B. C. ISSUES Need for Funding. Timing. Cost to the City. IV. ALTERNATIVES A. City Council accept the $2~230.00 Local Government Challenqe Grant from the Virqinia Commission for the Arts. Need for Funding. The Arts Council of Roanoke Valley, Roanoke Symphony Orchestra, and Mill Mountain Theatre will use funding to make quality arts activities available to citizens of Roanoke. Timing. The grant must be accepted and properly executed papers returned to the Virginia Commission of the Arts prior to release of funds. Cost to the City. Matching funds have been appropriated in the City's FY 1993-94 General Fund Budget through the Citizens Services Committee. No additional funding is required. B. City Council not accept the $2t230.00 grant from the Virginia Commission for the Arts. Need for Funding. The Arts Council of Roanoke Valley, Roanoke Symphony Orchestra, and Mill Mountain Theatre will lose $2,230.00 in funding which would be used to make quality arts activities available to the citizens of Roanoke. 2. Timing. Not an issue. Cost to the City. No impact. Local funds have been appropriated in the City's General Fund Budget through the Citizens Services Committee. V. RECOMMENDATION A. City Council concur with Alternative A and accept the $2t230.00 grant from the Virginia Commission for the Arts. 1. Appropriate funds of $2t230.00 to accounts to be established by the Acting Director of Finance in the Grant Fund. 2. his designee to execute Grant on behalf of the Authorize the City Manaqer or the Local Government Challenge City of Roanoke. Respectfully submitted, W. Robert Herbert City Manager WRH/JDR/gor cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Barry L. Key, Management and Budget James D. Ritchie, Director of Human Resources MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #22-60-72-304-314-335-467 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31596-072693 authorizing the Roanoke Interagency Council to enter into certain contracts for placement and treatment of children in need of certain services without further Council approvai. Resolution No. 31596-072693 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 26, 1993. Sincerely, D Mary F. Parker, CMC/AAE City Clerk MFP: sm ~nc o pc-' Dr. Fred P. Roessel, Jr., Executive Director, Blue Ridge Community Services, 301 Elm Avenue, S. W., Roanoke, Virginia 24016 Charles W. Day, Chairperson, Roanoke City School Board, 1830 Grayson Avenue, N. W., Roanoke, Virginia 24016 E. Wayne Harris, Superintendent of Roanoke City Public Schools Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Glenn D. Radcliffe,-Director, Human Development Corinne B. Gott, Manager, Human Development Marie T. Pontius, Grants Monitoring Administrator Dr. Donald R. Stern, Director, Health Department IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of 3u1¥, 1993. No. 31596-072693. VIRGINIA, A RESOLUTION authorizing the enter into certain contracts children in need of certain approval. Roanoke Interagency Council to for the placement and treatment of services without further Council WHEREAS, S2.1-752(a) of the Code of Virginia (1950), as amended, grants the Roanoke Interagency Council (RIC) authority to enter into contracts for the provision of services through the Comprehensive Services Act, upon the approval of this Council; and WHEREAS, given the volume, limited time frame for execution and emergency nature of such contract, this Council is desirous of giving its approval to the Roanoke Interagency Council for entering into such contracts without requiring this Council to approve each such contract. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council authorizes the Roanoke Interagency Council (RIC), subject to appropriations of funds made by this Council, to enter into all contracts and agreements required for the delivery of services to eligible children without further Council approval. ATTEST: City Clerk° 93 J!JT_ ~ Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: ROANOKE INTERAGENCY COUNCIL - AUTHORITY TO CONTRACTS EXECUTE BACKGROUND Prior to the Comprehensive Services Act~ effective July 1~ 1993~ the Department of Social Services and the Roanoke City School Board were responsible for arranging for the placement and treatment of children in need of services as well as for the payment for those services. On July 1~ 1993~ the funds for foster care and special education were combined into a common fund under the management of the Fiscal Agent who is the City Finance Director. Co On July 1~ 1993~ The State funds for placement of youth from the Juvenile & Domestic Relations Court were placed in the state funds pool for the Comprehensive Services Act and distributed based on approved formula to all state localities that meet the guidelines approved by the General Assembly. De Pursuant to Section 2.1-752(a) of the Code of Virqinia (1950) as amended~ the Roanoke Interaqency Council (RIC) has the authority to enter into contracts for the provision of services, upon the approval of Roanoke City Council. II. CURRENT SITUATION A. The Department of Social Services and the City Schools' Special Education Department~ effective July 1, 1993, require approval from City Council to sign agreements with providers in order to acquire services for children in need of treatment and supervision. Up to one thousand transactions for Boarding Home agreements or Treatment Center contracts will be required in a twelve month time frame. (July 1, 1993 - June 30, 1994). Most of these transactions must be executed in an emergency, usually before the work day ends. Delegation of the authority to sign these contracts should be given to those persons in direct contact with the need. III. ISSUES A. Timeliness. B. Legal. C. Budget. IV. ALTERNATIVES A. City Council authorize the Chairperson of the Roanoke Bo Interagency Council (RIC) to have the authority to approve all contracts and agreements required for the delivery of services to eligible children. In the absence of the Chairperson, the RIC representative from the Department of Social Services or in their absence, the RIC representative from the Roanoke City Schools should have authority to enter into contracts for the provision of services, upon approval of the Roanoke City Council. (The Director of Human Development is the RIC Chairperson.) Timeliness. Children and families will be able to be served at the time of need. 2. Legal. The RIC will identify the most appropriate persons to have the authority to sign contracts. Children and families will have been evaluated by the proper agencies and by the Community Assessment Teams. The RIC will be in compliance with the mandates of the Comprehensive Services Act. Budget. Authorization for treatment and services is limited to the amount of the appropriation by the City Council. Do not authorize the Chairperson of the Roanoke Interagency Council (RIC) or the RIC representative from the Department of Social Services or in their absence~ the RIC representative from the Roanoke City Schools to have the authority to approve all contracts or agreements required for the delivery of services to eligible children. 1. Timeliness. Not an issue. 2. Legal. a. Children and families will not receive services. b. RIC will not be in compliance with the Comprehensive Services Act of 1993. 3. Budget. State funds will not be accessed for families in need of services. RECOMMENDATION: It is recommended that City Council adopt Alternative A thereby authorizing RIC to designate the RIC Chairperson or the RIC representative from the department of Social Services or the RIC representative from the Roanoke City Schools to have the authority to approve all contracts and agreements required for the delivery of services to eligible children. Respectfully submitted, W. Robert Herbert City Manager WRH/CBG:gr cc: Wilburn C. Dibling, City Attorney James D. Grisso, Acting Director of Finance Glenn D. Radcliffe, Director of Human Development Corinne B. Gott, Superintendent of Social Services Dr. Fred Roessel, Executive Director Mental Health Services of the Roanoke Valley Donald R. Stern, M.D., M.P.H., Director, Roanoke City Health Department E. Wayne Harris, Superintendent, Roanoke City Schools Marie Pontius, Grants Monitoring Administrator MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #60-72-226-236-350-351 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31597-072693 concurring in the recommendation of the City Manager's Follow-Up Task Force on Homeless with regard to allocation of Emergency Shelter Resource Funds, and authorizing execution of subgrant agreements with Roanoke Area Ministries, in the amount of $8,204.00, Roanoke Valley Trouble Center, Inc. (TRUST), in the amount of $7,504.00, and Total Action Against Poverty, in the amount of $12,292.00, to administer said funds. Resolution No. 31597-072693 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 26, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: JuHe Hollingsworth, Executive Director, Roanoke Area Ministries, 825 Campbell Avenue, S. W., Roanoke, Virginia 24016 Stuart Israel, Executive Director, Roanoke Valley Trouble Center, Inc. (TRUST), P. O. Box 2826, Roanoke, Virginia 24001 Theodore J. Edlich, III, Executive Director, Totai Action Against Poverty, P. O. Box 2868, Roanoke, Virginia 24001-2868 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Glenn D. Radcliffe, Director, Human Development Donna S. Norvelle, Human Resources Coordinator Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of July, 1993. No. 31597-072693. VIRGINIA, A RESOLUTION concurring in the recommendation of the City Manager's Follow-up Task Force on Homeless as to the allocation of Emergency Shelter Resource Funds, and authorizing the execution of the subgrant agreements with Roanoke Area Ministries, Roanoke Valley Trouble Center, Inc. (TRUST), and Total Action Against Poverty to administer the funds. WHEREAS, the Council of the City of Roanoke accepted an Emergency Shelter Grant Program entitlement of $28,000.00 on March 25, 1993, by Resolution No. 31381-032293, allocated under the Stuart B. McKinney Homeless Assistance Act from the United States Department of Housing and Urban Development to provide services to the homeless; and WHEREAS, the Council of the City of Roanoke appropriated the funds to an Emergency Shelter Resource Fu~d enabling local nonprofit organizations to apply for financial support to improve the quality of shelter facilities; and WHEREAS, the City Manager's Committee on the Homeless has recommended allocation of the funds as set forth in the City Manager's report dated July 26, 1993. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council concurs in the recommendation of the City Manager's Committee on the Homeless for the allocation of Emergency Shelter Resource Funds as follows: (a) $8,204 to Roanoke Area Ministries for payment of maintenance, operations, insurance, utilities and furnishings, all in connection with the R.A.M. House. (b) $7,504 to Roanoke Valley Trouble Center, Inc. (TRUST) for the payment of maintenance, operations, insurance, utilities, furnishings, and food, all in connection with the TRUST crisis intervention center and emergency shelter. (c) $12,292 to Total Action Against Poverty for the payment of maintenance, operations, insurance, utilities, and furnishings; and, essential services including food, transportation, and drug screening supplies, all in connection with the Transitional Living Center Program. 2. The City Manager, W. Robert Herbert, or the Assistant City Manager, is hereby authorized to execute the proper subgrant agreements with Roanoke Area Ministries, Roanoke Valley Trouble Center, Inc. (TRUST), and Total Action Against Poverty for the administration of the funds. Ail subgrant agreements to be in form approved by the City Attorney. ATTEST: City Clerk. '93 JUt. 21 / 11:01 July 26, 1993 Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia SUBJECT: Emergency Shelter Resource Fund Allocation I. Background ao The City Manaqer's Task Force on Homelessness studied the homeless and low-income housing situation in Roanoke and presented their findings and recommendations in a comprehensive report titled "No Place To Call Home" in April, 1987. The City Manager appointed a Follow-up Task Force to evaluate how well the report's recommendations are implemented and to recommend new activities based on future findings. The Task Force continues to meet on a regular basis. Roanoke City Council accepted Emergency Shelter Grants Program entitlement funds totallinq $175F000 in 1987, 1988, 1989, 1990, 1991, and 1992, allocated under the Stuart B. McKinney Homeless Assistance Act, from the United States Department of Housing and Urban Development to provide services to the homeless. 1. $26,000.00 - Resolution #28872, November 16, 1987. a. $20F000.00 to Total Action Against Poverty b. $6,000.00 to Roanoke Area Ministries 2. $4F000.00 - Resolution #29087, May 9, 1988. a. $2F300.00 to Roanoke Area Ministries b. $1,700.00 to Total Action Against Poverty 3. $24,000.00 Resolution #29507, April 3, 1989. a. $10~000.00 to Total Action Against Poverty b. $8,500.00 to Roanoke Area Ministries c. $5,500.00 to Trust 4. $39,000 Resolution Number 30100-61890, June 18, 1990 a. $17~080.00 to Total Action Against Poverty b. $11r790.00 to Roanoke Area Ministries c. $10~120.00 to TRUST 5. $41,000 Resolution Number 30530-52091 May 20, 1991 a. $18~000 to Total Action Against Poverty b. $12~000 to Roanoke Area Ministries c. $11~000 to TRUST 6. $41~000 Resolution Number 31052-06159 June 15, 1992 a. $18~000 to Total Action Against Poverty b. $12~000 to Roanoke Area Ministries c. $11,000 to TRUST Roanoke City Council accepted the 1993 Emerqency Shelter Grants Proqram entitlement funds of $28~000 through the Stuart B. McKinney Homeless Assistance Act on March 25, 1993, Resolution #31381-032293. Emerqency Shelter Grant allocations from HUD have varied from low of $4,000 in 1988 to high of $41,000 in 1991 and 1992. Roanoke's allocation is based on a formula and how much or little is appropriated by the U.S. Congress. Funds from the Stuart B. McKinney Homeless Assistance Act may be used for the payment of maintenance, operations, insurance, utilities, furnishings; and, limited funds for essential services including employment, health, substance abuse education and food. In the past, funds have also been used for renovation and major rehabilitation. The City invited applications or proposals from local agencies to assure that all interested organizations had an opportunity to submit funding requests. The deadline to submit applications was April 19, 1993. The City Manager asked the City Manager's Committee on the Homeless to carefully review proposals submitted within the designated time frame and recommend the allocation of funds to benefit the citizens of Roanoke. II. CURRENT SITUATION A. Roanoke Area Ministries~ the Roanoke Valley Trouble Center, Inc. (TRUST), and Total Action Against Poverty submitted proposals for funding through the 1993 Emergency Shelter Resource Fund. Requests totaled $46,347 from these three agencies. 1. Roanoke Area Ministries: $12~000 2. TRUST: $14~347 3. Total Action Against Poverty: $20~000 The Committee carefully studied each proposal using the application requirements, federal guidelines, and pre- determined criteria to recommend the allocation of these funds and found that all agencies were eligible for funding after meeting application requirements and federal guidelines. The City Manager's Committee on the Homeless submitted the following recommendations to the City Manager based on the guidelines and criteria. Allocate $8~204 to Roanoke Area Ministries for the payment of maintenance, operations, insurance, utilities, and furnishings. 2. Allocate $7~504 to TRUST for the payment of maintenance, operations, insurance, utilities, furnishings, and food. Allocate $12~292 to Total Action Against Poverty (Transitional Living Center Program) for the payment of maintenance, operations, insurance, utilities, and furnishings; and, essential services including food, transportation, and drug screening supplies. Total Action Against Poverty submitted an appeal which was heard by the City Manager's Committee on the Homeless on June 4, 1993. It was the decision of the Committee to deny the appeal as there were no more funds to allocate. III. ISSUES A. Services to citizens. B. Timinq. C. Fundinq. IV. ALTERNATIVES Concur with the recommendations submitted by the City Manager's Committee on the Homeless for the allocation of Emergency Shelter Resource Funds and authorize the City Manager to execute the attached sub-grant agreements with Roanoke Area Ministries, Roanoke Valley Trouble Center, inc. (TRUST), and Total Action Against Poverty. Services to citizens. The quality of existing shelter space would be improved and day facility services would be enhanced for homeless citizens. 2. Timinq. Funds must be obligated by August 24, 1993. Fundinq. Federal grant funding of $28,000 was previously appropriated and is available to account number 035-054-5123-2210. The necessary local match will be provided by the agencies, and no City funds are required. Do not concur with the recommendations and do not authorize the City Manger to allocate funds at this time. Services to Citizens. Existing programs and services would not be increased or enhanced. 2. Timinq. No effect. Funding. The City would have to obligate the funds for emergency shelter by August 24, 1993 or risk losing the grant allocation. RECOMMENDATION City Council concur in the implementation of Alternative A and allocate the $28~000 Emergency Shelter Resource ~und as recommended by the City Manager's Committee on the Homeless and authorize the City Manager to execute the sub-grant agreements (copies attached). Allocate $8~204 to Roanoke Area Ministries Allocate $7~504 to the Roanoke Valley Trouble Center, Inc. (TRUST). Allocate $12~292 to Total Action Aqainst Poverty. Respectfully submitted, W. Robert Herbert City Manager WRH/DSN:gr cc: Wilburn C. Dibling, Jr., City Attorney James Grisso, Acting Director of Finance Glenn D. Radcliffe, Director of Human Development Donna S. Norvelle, Human Development Coordinator Marie Pontius, Grants Monitoring Administrator CO~'£~ACT BET%~N T~ CITY OF ROANOKE AND ROANOKE AREA MINISTRIES FOR EMERGENCY DAY THIS AGREEMENT is made and entered into this 1993 by and between the following parties: day of July, City of Roanoke (herein called the "Grantee") 215 Church Avenue, S.W. Roanoke, Virginia 24011 and - Roanoke Area Ministries (herein called the "Subgrantee") 824 Campbell Ave., S.W. Roanoke, Virginia 24016 The grantee has been authorized by its City Council pursuant to Resolution Number adopted to provide $8,204.00 of the $28,000 Emergency Shelter Grant (ESG) entitlement awarded to the City of Roanoke by the United States Department of Housing and Urban Development in Program funds to Roanoke Area Ministries (R.A.M. House) for the support of its emergency day shelter. The parties hereto agree as follows: 1. SCOPE OF SERVICES R.A.M. House will provide a day shelter for the homeless 7 days each week. At the shelter facility, R.A.M. House will provide a daily meal, mental health counseling (on-site) through the Blue Ridge Community Services and assistance with finding permanent housing. Also, R.A.M. House will provide picture "IDs", the use of a washer and dryer, and mail service for their guests. Guest are called upon to participate and help with the daily shelter related tasks when they are able. 2. TIME OF PErFOrmANCE This agreement shall be for the period of September 1, 1993 through May 31, 1994. This agreement may be extended upon the written agreement of both parties. 3. BUDGKr The total ESG budget for R.A.M. House will be $8,204. Maintenance Fee $8,204. Total: $8,204 R.A.M. House will provide a minimum of $8,204 in matching funds. Page 2 4. PROPOSED PAYMENT SuH~'~LE AND PROCEDURES: Requests for advances will be submitted by the Subgrantee in August 1993, November 1993, and February 1994 for the maintenance fee which will be paid on a quarterly basis by R.A.M. House. This request will be submitted to the assigned Project Manager for initial review. Approval for payment will be made by the Office of Grants Compliance. Payment will be made to the Subgrantee within ten (10) days from date of receipt, if all compliance issues are met. Approval of requests will be subject to timely receipt of the quarterly reports as detailed in Paragraph 9. The maintenance fee will be paid by the Subgrantee within 30 days of receipt of the advance from the Grantee. The Subgrantee will submit a copy of the quarterly maintenance bill and the cancelled check to the Grantee as soon as the cancelled check becomes available. The Grantee reserves the right to refuse payment to the Subgrantee in the event that the Subgrantee submits any request for funds after 90 days from the expiration date of this contract. 5. INDEI~qIFICATION: The Subgrantee agrees to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Subgrantee's intentional acts and negligent acts or omissions with respect to the rights and privileges granted by the City to the Subgrantee in this Agreement. 6. GEI~ ~AL COMPLIANCE: The Subgrantee agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this contract. 7. CO~PLIANCE W/TH ~uERAL REGULATIONS: The Subgrantee agrees to abide by the HUD conditions for the ESG program as set forth in Attachment I and all other applicable federal regulations relating to specific programs performed hereunder. The Grantee reserves the right to withhold payment if the Subgrantee fails to comply with the procedures outlined in this agreement, or federal and state regulations associated with ESG program funds. The Subgrantee agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. Page 3 8. PRO(~RA~ INCOME: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of ESG funds. No program income is expected from this activity. 9. RECORDS AND REPORTS: The Subgrantee shall maintain full and accurate records with respect to all matters covered under this Agreement. Ail records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of this Agreement or its amendments. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. The Subgrantee shall submit quarterly reports to the Project Manager. Specifically; a report covering activities during the time period of September 1, 1993 through November 30, 1993 is due December 15, 1993, a report for the time period of December 1, 1993 through February 28, 1994 is due on March 15, 1993, and the report for the time period of March 1, 1994 through May 31, 1994 is due June 15, 1993. 10. CLIENT DATA The Subgrantee shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to project manager, grantee monitors or their designees for review upon request. 11. CLIENT INVOLVEMENT The Subgrantee shall involve, to the maximum extent practicable, homeless individuals and families in the construction, renovation, maintenance and operating of the shelter facility. 12. NON-DISCRIMINATIO~ During the performance of this agreement, the Subgrantee agrees to not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, or national origin. The Subgrantee agrees to post in conspicuous places, notice setting forth the provisions of this non- Page 4 discrimination clause. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the subgrantee, will state that the Subgrantee is an equal opportunity employer. 13. FORMAL PROCESS FOR 'r~cMINATION OF SERVICES If it is necessary for the Subgrantee to terminate services to any individual or family, the Subgrantee shall follow a formal termination process. 14. SUSPENSION AND T~/~INATION: Suspension or termination of this Agreement may occur if the Subgrantee materially fails to comply with any term of this award, and the award may be terminated for convenience by the Grantee or Subgrantee upon written notification to the awarding agency (HUD), setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. No payment will be made for expenses incurred after Subgrantee's receipt of notice of termination, except those expenses incurred prior to the date of notice that are necessary to curtailment of operations under this Agreement. 15. ~E~SION OF ASSETS: Upon expiration of this agreement, or amendments thereto, the Subgrantee shall transfer to the city any ESG funds or program income on hand at the time of expiration and any accounts receivable attributable to the use of ESG funds. 16. THIRD-PARTY CONTRACTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 17. AMENDMENTS: The Grantee, from time to time, may require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the R.A.M. House Emergency Day Shelter. In such event or events, such changes which are mutually agreed upon by and between the Subgrantee and Grantee shall be incorporated in written amendment to this Agreement. Page 5 18. GOV~NINGLAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: CITY OF ROANOKE By By Mary F. Parker, City Clerk W. Robert Herbert, City Manager SUBGRANTEE By Witness By Julie Hollingsworth Executive Director Roanoke Area Ministries 825 Campbell Ave., S.W. Roanoke, Virginia 24016 LX:RAM.94 Page 1 Purpose: The Program is designed to help improve the quality of existing emergency shelters for the homeless, to help make available additional emergency shelters, and to help meet the costs of operating emergency shel- ters and of providing certain essential social services to homeless indi- viduals, so that these persons have access not only to safe and sanitary shelter, but also to the supportive services and other kinds of assistance they need to improve their situations. 24 CFR Part 573. 3 Definitions a) Conversion means a change in the use of a building to an emergency shelter for the homeless under this part, where the cost of conversion and any rehabilitation costs exceed 75 percent of the value of the building before conversion. Emergency shelter grant amounts and grant amounts mean grant amp~nt made available under this part. Grantee means the entity that executes a grant agreement with HUD under this part. For purposes of this part, "grantee" is a) any State, met- ropolitan city, or urban county that receives a grant allocation under 24 CFR 575.31; b) any unit of general local government that receives a grant based on a reallocation under 24 CFR 575.41(b)(1); c) any pri- vate nonprofit organization that receives a grant based on a realloca- tion under 24 CFR 575.42(b)(2); d) any entity that receives a grant based on a reallocation under 24 CFR 575.41(b)(3). Homeless means families and individuals who are poor and have no access to either traditional or permanent housing. HUD means the Department of Housing and Urban Development. Major rehabilitation means rehabilitation that involves costs in excess of 75 percent of the value of the building before rehabilitation. ~ci_~means a city that was classified as a metropolitan city under Section 102(a)(4) of the Housing and Community Development Act of 1974 for the fiscal year immediately before the fiscal year for which emergency shelter grant amounts are made available. Nonprofit recipient means any private nonprofit organization providing assistance to the homeless, to which a unit of local government dis- tributes emergency shelter grant amounts. Obligated means that the grantee or State recipient, as appropriate, has placed orders, awarded contracts, received services or entered similar transactions that require payment from the grant amount. Grant amounts that are warded by a unit of local government to a private non- profit organization providing assistance to the homeless are obligated. Page 2 Private nonprofit recipient means a secular or religious organization described in Section 501(c) of the Internal Revenue Code of 1954 which: a) is exempt from taxation under subtitle A of the Code, b) has an ac- counting system and a. voluntary board, and c) practices nondiscrimina- tion in the provision of assistance. Rehabilitation means labor, materials, tools, and other costs of im- proving buildings, including repair directed toward an accumulation of deferred maintenance; replacement of principal fixtures and components of existing buildings; installation of security devices; and improve- ment through alterations or additions to, or enhancement of, existing buildings, including improvements to increase the efficient use of energy in buildings. Renovation means rehabilitation that involves costs of 75 percent or less of the value of the building before rehabilitation. State means any of the several States, the District of Columbia, or the Commonwealth of Puerto Rico. State recipient means any unit of general local government to w~ch a State makes available emergency shelter grant amounts. Unit of general local government means any city, county, town, town- ship, parish, village or other general purpose political subdivision. Urban county means a county that was classified as an urban county un- der Section 102(a)(6) of the Housing and Community Development Act of 1974 for the fiscal year immediately before the fiscal year for which emergency shelter grant amounts are made available. Value of the building means the monetary value assigned to a building by an independent real estate appraiser, or as otherwise reasonably established by the grantee or the State recipient. 24 CFR 575.5 Waivers The Secretary of HUD may waive any requirement of this part that is not required by law, whenever it is determined that undue hardship will re- sult from applying the requirement, or where application of the requirement would adversely affect the purposes of the Emergency Shelter Grants Program. S~BPART B - El£gible Activities 24 CFR 575.21 Eligible and ineligible activities. a) Eligible activities. Emergency shelter grant amounts may be used for one or more of the following activities relating to emergency shelter for the homeless: 1) Renovation, major rehabilitation, or conversion of buildings for use as emergency shelters for the homeless. Page 3 2) 3) Provision of essential services, including (but not limited to) services concerned with employment, health, substance abuse, educa- tion, or food. Grant amounts provided to a unit of general local government may be. used to provide an essential service only if-- i) The service is a new service or a quantifiable increase in the level of a service above that which the unit of local government provided during the 12 calendar months immediate- ly before it received the grant amount; and ii) Not more than 20 percent of the grant amount is used for these services. Payment of maintenance, operation (including rent). insurance, utilities, and furnishings. b) Ineligible activities. 1) Emergency shelter grant amounts may not be used for activities other than those authorized under paragraph (a) of this section. For example, grant amounts may not be used for: i) Acquisition of an emergency shelter for the homeless; ii) Renting commercial, transient accommodations for the home- less (such as hotel or motel rooms); iii) Any administrative or staffing costs other than those per- mitted in paragraph (a) of this section (e.g., essential services, maintenance); or iv) Rehabilitation services, such as preparation of work speci- fications, loan processing, or inspections. 2) Grant amounts may not be used to renovate, rehabilitate, or convert buildings owned by primarily religious organizations or entities. 24 CFR 575.23 Who may carry out eligible activities. a) Grantees an~ State recipients. Ail grantees (except States) and State recipients may carryout activities with emergency shelter grant amounts. All o~ a State's formula allocation must be made available to units of local government in the State, which may incluae metropolitan cities or urban counties. b) Nonprofit recipients. Units of local government -- both grantees and State recipients -- may distribute all or part of their grant amounts to nonprofit recipients to be used for emergency shelter grant activities. Page 4 Program Re~uirements 24 CFR 575.51 Matching f.unds. a) General. Each grantee must supplement its emergency shelter grant a- mounts with an equal amount of funds from sources other than under this part. These funds must be provided after the date of the grant award to the grantee. A grantee must comply with this requirement by provid- ing supplemental funds itself, or through supplemental funds provided by any State recipient or nonprofit recipient (as appropriate). b) Calculating the matching amount. In calculating the amount of supple- mental funds, there may be included the value of any donated material or building; the value of any lease on a building; any salary paid to staff of the grantee or to any State or nonprofit recipient (as appro- priate) in carrying out the emergency shelter program; and the time and services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $5 per hour. For purposes of this paragraph (b), the grantee will determine the'value of any donated ma- terial of building, or any lease, using any method reasonably c~culat- ed to establish a fair market value. 24 CFR 575.53 Use as an e~ergency shelter. a) General. Any building for which emergency shelter grant amounts are used that must be maintained as a shelter for the homeless for not less than a three-year period, or for not less than a 10-year period if the grant amounts are used for major rehabilitation or conversion of the building. b) Calculating th__e applicable period. The three- and 10-year periods referred to in paragraph (a) of this section begin to run: 1) In the case of a building that was not operated as an emergency shelter for the homeless before receipt of grant amounts under this part, on the date of initial occupancy as an emergency shelter for the homeless. 2) In the case of a building that was operated as an emergency shelter before the receipt of grant amounts under this part, on the date that gra~t amounts are first obligated on the shelter. 24 CFR 575.55 Building standards. Any building for which emergency shelter grant amounts are used for renovation, conversion, or major rehabilitation must meet the local govern- ment standard of being safe and sanitary. 24 CFR 575.57 Assistance to the ho~eless. Homeless individuals must be given assistance in obtaining: Page 5 a) b) Appropriate supportive services, including permanent housing, medical and mental health treatment, counseling, supervision, and other ser- vices essential for achieving independent life; and Other Federal, State,' local, and private assistance available for such individuals. 24 CFR 575.59 Other Federal requirements. Use of emergency shelter grant amounts must comply with the following additional requirements: a) Nondiscrimination and Equal Opportunity. b) c) d) 1) The requirements of Title VIII of the Civil Rights Act of 1968, 42 USC 3601-19 and implementing regulations at 24 CFR 107; and Title VI of the civil Rights Act of 1964 (42 USC 2000d-1 and implementing regulations issued at 24 CFR Part 1; 2) The prohibitions against discrimination on the basis of age'Snder the Age Discrimination Act of 1975 (42 USC 6101-07) and the prohi- bitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 USC 794); 3) The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60; and 4) The requirements of Section 3 of the housing and Urban Development Act of 1968, 12 USC 1701u (see 24 CFR 570.607 (b) of this Chapter); and 5) The requirements of Executive Orders 11625, 12432 and 12138. Con- sistent with HUD's responsibilities u/~der these Orders, the grantee must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this part. Applicability o__f OMB Circulars. The policies, guidelines, and require- ments of OMB Circular Nos. A-87 and A-102, as they relate to the ac- ceptance and use of emergency shelter grant amounts by States and units of local government, and Nos. A-110 and A-122 as they relate to the acceptance and use of emergency shelter grant amounts by private non- profit organizations. Uniform Federal Accessibility Standards. For major rehabilitation or conversion, the Uniform Federal Accessibility Standards at 24 CFR Part 40, Appendix A. Lead-based paint. The requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42 USC 4821-4846) and implementing regulations at 24 CFR Part 35. Page 6 e) f) g) Conflict o__f interest. In addition to conflict of interest requirements in OMB Circular A-102 and A-110, no person who is an employee, agent, consultant, officer, or elected or appointed official of the grantee, State recipient, or nonprofit recipient (or of any designated public agency) that receives emergency shelter grant amounts and who exercises or has exercised any functions or responsibilities with respect to as- sisted activities or who is in a position to participate in a decision- making process or gain inside information with regard to such activi- ties, may obtain a personal or financial interest or benefit from the activity, or have any interest in any contract, subcontract or agree- ment with respect thereto, or the proceeds thereunder, either for his or herself or those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. HUD may grant an exception to this exclusion as provided in 570.611(d) and (el of this chapter. Use of debarred, suspended, or ineligible contractors. The provisions of 24 CFR Part 24 relating to the employment, engagement of services, awarding of contracts, or funding of any contractors or subcontractors during any period of debarrment, suspension, or placement in ineligi- bility status. '- Flood insurance. No site proposed on which renovation, major rehabili- tation, or conversion of a building is to be assisted.under this part, other than by grant amounts allocated to State, may be located in an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless the comunity in which the area is situated is participating in the National Flood Insurance Program. "Section 109": This Agreement is subject to the requirements of Section log of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Access to Records and Site of Employment: This Agreement is subject to the requirements of Executive Order 11245, Executive Order 1375, Civil Rights Act of 1964, as amended. The Subgrantee shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the. matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Grantee. Information obtained in this manner shall be used only in connection with the adminis- tration of the Order, the administration of the Civil Rights Act of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. Page 7 ~R~ENCY SHELT~ ~t.l~rTS ASSURANCES The Applicant hereby assures and certifies that it will comply with regula- tions, policies, guidelines and requirements as the relate to the applica- tion, acceptance and use of Federal funds for this federally assisted pro- ject. As used below "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate subsidy, disaster assis- tance loan or grant, or any other form of direct or indirect Federal as- sistance. The applicant assures and certifies that: It possesses legal authority to apply for and accept the grant; that a resolution motion or similar action has been duly adopt- ed or as an official act of the governing body, authorizing the filing of the application, including all understandings and as- surances contained therein, and directing and authorizing the person identified as the official representative of the appli- cant in connection with the application and acceptance of the grant, and to provide such additional data as may be required. It will comply with Title VI of the Civil Rights Act of lg~4 (P.L. 88-352, 42 USC 2000-d), which prohibits discrimination on the basis of race, color, or natural origin, in programs and activities receiving Federal financial assistance. Other addi- tional requirements include: The Age Discrimination Act of 1975, enacted as an amend- ment to the Older American Act (P.L. 94-135), which pro- hibits unreasonable discrimination based on age in the delivery of services and benefits supported by Federal funds; Title IX of the Education Amendments of 1972 (20 USC 1681), et seq.) which prohibits discrimination on the ba- sis of sex in education programs and activities receiving Federal financial assistance (whether or not the programs or activities are offered or sponsored by an educational institution). 3. Should the recipient's actions result in the relocation of per- sons pursuant to the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646, 42 USC 4601 et seN.) which provides for fair and equitable treatment of per- sons displaced as a result of Federal and federally assisted programs as required by the act. 4. It will comply with the provisions of the Hatch Act which lim- its the political activity of State and local government employees. 5. It will comply with the minimum wage and maximum hours provi- sions of the Federal Fair Labor Standards Act as they apply to employees. Page 8 10. 11. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, busi- ness, or other ties. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agen- cy (EPA) list of violating facilities and that it will notify HUD of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. It will comply, to the extent applicable, with all the require- ments of Section 114 of the Clean Air Act, as amended (42 USC 1857, et seq.), as amended by Public Law 91-604) and Section 308 of ~he Federal Water Pollution Control Act (33 USC 1251, et seq., as amended by Public Law 92-500), respectively, rela~ng to inspection, monitoring, entry, report, and information, as well as other requirements specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 13, 1976. Section 102 requires on and after March 2, 1975, the purchase of flood insurance in com~nunities where such insurance, is avail- able as a condition for the receipt of any Federal financial as- sistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. It will assist HUD in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 USC 469a-1, et seq.) by: a) con- sulting with the State Historic Preservation Officer on the con- duct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, notifying the Federal grantor agen- cy of the existence of such properties, and by b) complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. The Applicant agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794, P.L. 93-112), and all requirements imposed by or pursuant to the regulations of the Department Of Health and Human Services (45 CFR Parts 80, 81, A~acnment £ Page 9 12. 13. 14. 15. 16. 17. 18. 19. and 84); promulgated under the foregoing statute. The applicant/ grantee agrees that, in accordance with the foregoing require- ments, no otherwise handicapped person, by reason of handicap, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or ac- tivity receiving Federal financial assistance, and assures that it will take any measures necessary to effectuate this agreement. It will comply with P.L. 93-348 as implemented by Part 46 of Title (45 CFR 46) regarding the protection of human subjects involved in research, development, and related activities supported by Federal financial assistance. It will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended; 7 USC 231, et seq.) and regulations promulgated thereunder by the Secretary of Agriculture (9 DFR Subchapter M) pertaining to the care, handling, and treatment of warm blooded animals held or used for research, teaching or other activities supported by Federal awgrds~ It will comply with the provisions of Executive Order 1199Q~ relating to the protection of wetlands. It will comply with provisions of Executive Order 11988, relat- ing to flood-plain management. It will comply with the standards for environmental quality con- trol that may be prescribed pursuant to responsibilities of the federal government under the National Environmental Act of 1969 (P.L. 91-190) and Executive Order 11514, Protection and Enhance- ment of Environmental Quality as amended by Executive Order 11991. It will give the Federal grantor or the Comptroller General, through any authorized representative, the access to and the right to examine all records, books, papers, or documents relat- ed to the grant, including records of contractors or subcontrac- tors performing under the grant. It will comply with the equal opportunity clause prescribed by Executive Order 11246, as amended, and will require that its subrecipients include the clause in all construction contracts which have or are expected to have aggregate value within a twelve month period exceeding $10,000, in accordance with the Department of Labor regulations at 41 CFR Part 60. It will include, and will require that its subrecipients include, the provision set forth in 29 CFR 5.5(c) pertaining to overtime and unpaid wages in any non-exempt, non-construction contract which involves the employment of mechanics and laborers if the contract exceeds $2,500. Page 10 20. 21. 22. It will comply with the Drug Free Workplace Act of 1988. It will comply with the National Affordable Housing Act (Pub. L. 101-625, Nov. 28, 1990) Section 832 (e) (2) (c) concerning confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the Emergency Shelter Grants (ESG) Program and that the address or location of any family violence shelter project assisted, under the ESG, will, except with written authorization of the person or persons responsible for the operation of such shelter, not be made public. If the funded program is a Homeless Prevention Program, the program will comply with the requirements of 24 CFR 576.21 (a) (4) (£i). Prevention activities will meet these requirements: a. Inability of family to make required payments must be the result of sudden reduction in income, b. Assistance must be necessary to avoid eviction or termination of services to family. c. Must be reasonable prospect that the family will be able to resume payments within a reasonable period of time. Attachment Page 1 1 SHELTER GP.I.qTS PROGl~td4 (ESGP) Cofltractu·l Provisions for Inclusion in ESGP Between Grantees or State Recipients and priearily Religious Organizations for the Provision of Services and Pi~en~ ~or O~ra~iona~ (~SSTS.2X(a) (2) .~ In addition to, ·nd no~ in substitution for, other prov~sions of this ·greement regarding the provision s·rv~ces ·nd/or the ps,Bent of operational costs for eBergenc7 Provid·rt religious or denominational inatitution or organiz·tion Is supervised or controlled by or in connection with · religious or denominational institution or organization; and · gross that, in connection with such essential servicea and oper&tion&~ costs~ it will not discriminate against any employee or applicant {or employment on the basis of religion and will not limit emplo~ent or give preference in employment to persons on the bisis of religion; it will not discriminate against uny persona seeking energunc~ shel~e~ and related services on services or give preference to persons off the ~usts of religion~ it will provide no religious instruction or counselling, conduct no religious worship or services, engage in no religio~s proselytizing, ·nd exert no other religious influence in ~ba provision o! services or the use of facilities or furnishings assisted in any way under this &greement~ and the portion of the facility used as an emergency shelter assisted in whole or in part under this agreement or in which services are provided which are assisted under thio agreement shall contain no sectarian or religious symbols or decorations. CO~'.r'~C~ B~/'Wm~T 'J.'U.~s C't*TY OF RO~'~*O~ TRU.C:T FOR THIS AGREEMENT is made and entered into this 1993 by and between the following parties: day of city of Roanoke (herein called the "Grantee") 215 Church Avenue, S.W. Roanoke, Virginia 24011 and - TRUST (herein called the P.O. Box 2826 Roanoke, Virginia 24001 "Subgrantee") The grantee has been authorized by its City Council pursuant to Resolution Number adopted to provide $7,504.00 of the $28,000 Emergency Shelter Grant (ESG) entitlement awarded to the City of Roanoke by the United States Department of Housing and Urban Development in Program funds to TRUST for the support of its emergency shelter. The parties hereto agree as follows: 1. SCOPE OF S~VICES TRUST shall provide a 24 hour crisis intervention center and emergency shelter, staffed by volunteers. The Emergency Shelter Grant (ESG) funds will help cover the cost of services and operational expenses of the facility. 2. TIME OF p~RFO~_ANCE This agreement shall be for the period of September 1, 1993 through February 28, 1994. This agreement may be extended upon the written agreement of both parties. The total ESG budget for TRUST will be $7,504. Food $ 898. Minor Repairs 898. Utilities 690. Insurance 2,612. Janitorial and Maintenance 1,770 Fuel Oil 570 Pest Control 66 Total: $7,504 TRUST will provide a minimum of $7,504 in matching funds. Page 2 4. PROPOSED PAYMENT .~u~m072~ AND PROCED~I~ES: This is a monthly cost reimbursement contract. Requests for payment, accompanied by an invoice from TRUST will be submitted to the assigned Project Manager for initial review. Approval for payment will be made by the Office of Grants Compliance. Payment will be made to the Subgrantee within ten (10) days from date of receipt, if all compliance issues are met. Approval of reimbursement requests will be subject to timely receipt of the monthly reports as detailed in Paragraph 9. The Grantee reserves the right to refuse payment to the Subgrantee in the event that the Subgrantee submits a reimbursement request after 90 days from the contract expiration date. 5. IND~I FI CATION: The Subgrantee agrees to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Subgrantee's intentional acts and negligent acts or omissions with respect to the rights and privileges granted by the City to the Subgrantee in this Agreement. GEhe~ALCOMPLIANCE: The Subgrantee agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this contract. 7. COMPLIANCE WITH ~uERAL REGULATIONS: The Subgrantee agrees to abide by the HUD conditions for the ESG program as set forth in Attachment I and all other applicable federal regulations relating to specific programs performed hereunder. The Grantee reserves the right to withhold payment if the Subgrantee fails to comply with the procedures outlined in this agreement, or federal and state regulations associated with ESG program funds. The Subgrantee agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. 8. PROGRA~ INCOME: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of ESG funds. No program income is expected from this activity. Page 3 9. RECO~DSANDP. EPORTS: The Subgrantee shall maintain full and accurate records with respect to all matters covered under this Agreement. Ail records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of this Agreement or its amendments. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. The Subgrantee shall submit monthly reports to the Project Manager. These reports are due on the fifteenth day of the month. Specifically, September's report is due October 15, October's report is due November 15, November's report is due December 15, December's report is due January 15, January's report is due February 15, and February's report is due March 15, 1993. 10. CLIENT DATA The Subgrantee shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to project manager, grantee monitors or their designees for review upon request. 11. CLIENT INVOLVemEnT The Subgrantee shall involve, to the maximum extent practicable, homeless individuals and families in the construction, renovation, maintenance and operating of the TRUST facility. 12. NON-DISC~IMINATI0~ During the performance of this agreement, the Subgrantee agrees to not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, or national origin. The Subgrantee agrees to post in conspicuous places, notice setting forth the provisions of this non- discrimination clause. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the subgrantee, will state that the Subgrantee is an equal opportunity employer. Page 4 13. F('~I~MAL pROCT~R FOR '--~/~INATI(~ OF SERVICES If it is necessary for the Subgrantee to terminate services to any individual or family, the Subgrantee shall follow a formal termination process. 14. SUSPENSION AND T~4INATION: Suspension or termination of this Agreement may occur if the Subgrantee materially fails to comply with any term of this award, and the award may be terminated for convenience by the Grantee or Subgrantee upon written notification to the awarding agency (HUD), setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. No payment will be made for expenses incurred after Subgrantee's receipt of notice of termination, except those expenses incurred prior to the date of notice that are necessary to curtailment of operations under this Agreement. 15. RE~SION OF ASSETS: Upon expiration of this agreement, or amendments thereto, the Subgrantee shall transfer to the city any ESG funds or program income on hand at the time of expiration and any accounts receivable attributable to the use of ESG funds. 16. T~IRD-PARTYCO~'£KACTS: The Grantee shall not be obligated or party other than the Subgrantee. liable hereunder to any 17. ~: The Grantee, from time to time, may require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the TRUST Emergency Shelter. In such event or events, such changes which are mutually agreed upon by and between the Subgrantee and Grantee shall be incorporated in written amendment to this Agreement. 18. GO~I~qINGLAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: CITY OF ROANOKE By By Mary F. Parker, City Clerk W. Robert Herbert, City Manager SUBGRANTEE By By Witness Stuart Isreal Executive Director TRUST The Roanoke Valley Trouble Center, Inc. P.O. Box 2826 Roanoke, Virginia 24001 LX:TRUST.94 Attachment Page 1 Purpose: The Program is ~esigned to help improve the quality of existing emergency shelters for the homeless, to help make available additional emergency shelters, and to help meet the costs of operating emergency shel- ters and of providing certain essential social services to homeless indi- viduals, so that these persons have access not only to safe and sanitary shelter, but also to the supportive services and other kinds of assistance they need to improve their situations. 24 CFR Part 573. 3 Definitions a) Conversion means a change in the use of a building to an emergency shelter for the homeless under this part, where the cost of conversion and any rehabilitation costs exceed 75 percent of the value of the building before conversion. Emergency shelter grant amounts and grant amounts mean grant amp~nt made available under this part. Grantee means the entity that executes a grant agreement with HUD under this part. For purposes of this part, "grantee" is a) any State, met- ropolitan city, or urban co%lnty that receives a grant allocation under 24 CFR 575.31; b) any unit of general local government that receives a grant based on a reallocation under 24 CFR 575.41(b)(1); c) any pri- vate nonprofit organization that receives a grant based on a realloca- tion under 24 CFR 575.42(b)(2); d) any entity that receives a grant based on a reallocation under 24 CFR 575.41(b)(3). Homeless means families and individuals who are poor and have no access to either traditional or permanent housing. HUD means the Department of Housing and Urban Development. Major rehabilitation means rehabilitation that involves costs in excess of 75 percent of the value of the building before rehabilitation. MetroPolitan City means a city that was classified as a metropolitan c-~-~under Section 102(a)(4) of the Housing and Community Development Act of 1974 for the fiscal year immediately before the fiscal year for which emergency shelter grant amounts are made available. Nonprofit recipient means any private nonprofit organization providing assistance to the homeless, to which a unit of local government dis- tributes emergency shelter grant amounts. Obligated means that the grantee or State recipient, as appropriate, has placed orders, awarded contracts, received services or entered similar transactions that require payment from the grant amount. Grant amounts that are warded by a unit of local government to a private non- profit organization providing assistance to the homeless are obligated. Page 2 Private nonprofit recipient means a secular or religious organization described in Section 501(c) of the Internal Revenue Code of 1954 which: a) is exempt from taxation under subtitle A of the Code, b) has an ac- counting system and a. voluntary board, and c) practices nondiscrimina- tion in the provision of assistance. Rehabilitation means labor, materials, tools, and other costs of im- proving buildings, including repair directed toward an accumulation of deferred maintenance; replacement of principal fixtures and components of existing buildings; installation of security devices; and improve- ment through alterations or additions to, or enhancement of, existing buildings, including improvements to increase the efficient use of energy in buildings. Renovation means rehabilitation that involves costs of 75 percent or less of the value of the building before rehabilitation. State means any of the several States, the District of Columbia, or the Commonwealth of Puerto Rico. State recipient means any unit of general local government to w~ch a State makes available emergency shelter grant amounts. Unit of general local government means any city, county, town, town- ship, parish, village or other general purpose political subdivision. Urban county means a county that was classified as an urban county un- der Section 102(a)(6) of the Housing and Community Development Act of 1974 for the fiscal year immediately before the fiscal year for which emergency shelter grant amounts are made available. Value of the building means the monetary value assigned to a building by an ~dependent real estate appraiser, or as otherwise reasonably established by the grantee or the State recipient. 24 CFR 575.5 Waivers The Secretary of HUD may waive any requirement of this part that is not required by law, whenever it is determined that undue hardship will re- sult from applying the requirement, or where application of the requirement would adversely affect the purposes of the Emergency Shelter Grants Program. SUBPART B - Eligible Activities 24 CFR 575.21 Eligible and ineligible activities. a) Eligible activities. Emergency shelter grant amounts may be used for one or more of the following activities relating to emergency shelter for the homeless: 1) Renovation, major rehabilitation, or conversion of buildings for use as emergency shelters for the homeless. , .~acnment I Page 3 2) 3) Provision of essential services, including (but not limited to) services concerned with employment, health, substance abuse, educa- tion, or food. Grant amounts provided to a unit of general local government may be. used to provide an essential service only if-- i) The service is a new service or a quantifiable increase in the level of a service above that which the unit of local government provided during the 12 calendar months immediate- ly before it received the grant amount; and ii) Not more than 20 percent of the grant amount is used for these services. Payment of maintenance, operation (including rent), insurance, utilities, and furnishings. b) Ineligible activities. 1) Emergency shelter grant amounts may not be used for activities other than those authorized under paragraph (a) of this secg~on. For example, grant amounts may not be used for: i) Acquisition of an emergency shelter for the homeless; ii) Renting commercial, transient accommodations for the home- less (such as hotel or motel rooms); iii) iv) Any administrative or staffing costs other than those per- mitted in paragraph (a) of this section (e.g., essential services, maintenance); or Rehabilitation services, such as preparation of work speci- fications, loan processing, or inspections. 2) Grant amounts may not be used to renovate, rehabilitate, or convert buildings owned by primarily religious organizations or entities. 24 CFR 575.23 Who-my carry out eligible activities. a) Grantees and State recipients. All grantees (except States) and State recipients may carry out activities with emergency shelter grant amounts. All of a State's formula allocation must be made available to units of local government in the State, which may inclu_e metropolitan cities or urban counties. b) Nonprofit recipients. Units of local government -- both grantees and State recipients -- may distribute all or part of their grant amounts to nonprofit recipients to be used for emergency shelter grant activities. Attachmen~ Page Program ~equirements 24 CFR 575.51 Matching f,unds. a) b) General. Each grantee must supplement its emergency shelter grant a- mounts with an equal amount of funds from sources other than under this part. These funds must be provided after the date of the grant award to the grantee. A grantee must comply with this requirement by provid- ing supplemental funds itself, or through supplemental funds provided by any State recipient or nonprofit recipient (as appropriate). Calculating the matching amount. In calculating the amount of supple- mental funds, there may be included the value of any donated material or building; the value of any lease on a building; any salary paid to staff of the grantee or to any State or nonprofit recipient (as appro- priate) in carrying out the emergency shelter program; and the time and Services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $5 per hour. For purposes of this paragraph (b), the grantee will determine the value of any donated ma- terial of building, or any lease, using any method reasonably c~culat- ed to establish a fair market value. 24 CFR 575.53 Use as an e~ergency shelter. a) b) General. Any building, for which emergency shelter grant amounts are used that must be maintained as a shelter for the homeless for not less than a three-year period, or for not less than a 10-year period if the grant amounts are used for major rehabilitation or conversion of the building. Calculating the applicable period. The three- and 10-year periods referred to in paragraph (a) of this section begin to run: 1) In the case of a building that was not operated as an emergency shelter for the homeless before receipt of grant amounts under this part, on the date of initial occupancy as an emergency shelter for the homeless. 2) In the case of a building that was operated as an emergency shelter before the receipt of grant amounts under this part, on the date that grant amounts are first obligated on the shelter. 24 CFR 575.55 Bu:Lld:Lng s'canda~ds. Any building for which emergency shelter grant amounts are used for renovation, conversion, or major rehabilitation must meet the local govern- ment standard of being safe and sanitary. 24 CF~ 575.57 Assistance to the ho~elese. Homeless individuals must be given assistance in obtaining: Attachment Page 5 a) b) Appropriate supportive services, including permanent housing, medical and mental health treatment, counseling, supervision, and other ser- vices essential for achieving independent life; and Other Federal, State,' local, and private assistance available for such individuals. 24 CFR 575.59 Other Federal requirements. Use of emergency shelter grant amounts must comply with the following additional requirements: a) Nondiscrimination and Equal Opportunity. b) c) d) 1) 2) The requirements of Title VIII of the Civil Rights Act of 1968, 42 USC 3601-19 and implementing regulations at 24 CFR 107; and Title VI of the Civil Rights Act of 1964 (42 USC 2000d-1 and implementing regulations issued at 24 CFR Part 1; The prohibitions against discrimination on the basis of age'Snder the Age Discrimination Act of 1975 (42 USC 6101-07) and the prohi- bitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 USC 794); 3) The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60; and 4) The requirements of Section 3 of the housing and Urban Development Act of 1968, 12 USC 1701u (see 24 CFR 570.607 (b) of this Chapter); and 5) The requirements of Executive Orders 11625, 12432 and 12138. Con- sistent with HUD's responsibilities under these Orders, the grantee must make efforts to encourage the use of minority and women's business enterprises in cormection with activities funded under this part. APplicabilitY o__f OMB Circulars. The policies, guidelines, and require- ments of OMB Circular Nos. A-87 and A-102, as they relate to the ac- ceptance and use of emergency shelter grant amounts by States and units of local government, and Nos. A-110 and A-122 as they relate to the acceptance and use of emergency shelter grant amounts by private non- profit organizations. Uniform Federal Accessibility Standards. For major rehabilitation or conversion, the Uniform Federal Accessibility Standards at 24 CFR Part 40, Appendix A. Lead-based paint. The requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42 USC 4821-4846) and implementing regulations at 24 CFR Part 35. Page 6 e) f) g) Conflict of interest. In addition to conflict of interest requirements in OMB Circular A-102 and A-110, no person who is an employee, agent, consultant, officer, or elected or appointed official of the grantee, State recipient, or nonprofit recipient (or of any designated public agency) that receives emergency shelter grant amounts and who exercises or has exercised any functions or responsibilities with respect to as- sisted activities or who is in a position to participate in a decision- making process or gain inside information with regard to such activi- ties, may obtain a personal or financial interest or benefit from the activity, or have any interest in any contract, subcontract or agree- ment with respect thereto, or the proceeds thereunder, either for his or herself or those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. HUD may grant an exception to this exclusion as provided in 570.611(d) and (e) of this chapter. Use of debarred, suspended, or ineligible contractors. The provisions of 24 CFR Part 24 relating to the employment, engagement of services, awarding of contracts, or funding of any contractors or subcontractors during any period of debarrment, suspension, or placement in ineligi- bility status. '- Flood insurance. No site proposed on which renovation, major rehabili- tation, or conversion of a building is to be assisted under this part, other than by grant amounts, allocated to State, may be located in an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless the community in which the area is situated is participating in the National Flood Insurance Program. "Section 109": This Agreement is subject to the requirements of Section 109 of the Housing and Co~unity Development Act of 1974, 42 U.$.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Access to Records and Site of Employment: This Agreement is subject to the requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of lg64, as amended. The Subgrantee shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the- matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Grantee. Information obtained in this manner shall be used only in connection with the adminis- tration of the Order, the administration of the Civil Rights Act of 1964 {as amended) and in furtherance of the purpose of the Order and that Act. Page 7 E)~g~G~IC~ SWRT.'r~r G.qJ~I~S P~C)G~aa~ ASSURANCES The Applicant hereby assures and certifies that it will comply with regula- tions, policies, guidelines and requirements as the relate to the applica- tion, acceptance and use of Federal funds for this federally assisted pro- ject. As used below "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate subsidy, disaster assis- tance loan or grant, or any other form of direct or indirect Federal as- sistance. The applicant assures and certifies that: e It possesses legal authority to apply for and accept the grant; that a resolution motion or similar action has been duly adopt- ed or as an official act of the governing body, authorizing the filing of the application, including all understandings and as- surances contained therein, and directing and authorizing the person identified as the official representative of the appli- cant in connection with the application and acceptance of the grant, .and to provide such additional data as may be required. It will comply with Title VI of the Civil Rights Act of lg~4 (P.L. 88-352, 42 USC 2000-d), which prohibits discrimination on the basis of race, color, or natural origin, in programs and activities receiving Federal financial assistance. Other addi- tional requirements include: c The Age Discrimination Act of 1975, enacted as an amend- ment to the Older American Act (P.L. 94-135), which pro- hibits unreasonable discrimination based on age in the delivery of services and benefits supported by Federal funds; Title IX of the Education Amendments of 1972 (20 USC 1681), et seq.) which prohibits discrimination on the ba- sis of sex in education programs and activities receiving Federal financial assistance (whether or not the programs or activities are offered or sponsored by an educational institution). 3. Should the recipient's actions result in the relocation of per- sons pursuant to the Uniform Relocation Assistance and Real Prc~oerty Acquisition Act of 1970 (P.L. 91-646, 42 USC 4601 et seq.) which provides for fair and equitable treatment of per- sons displaced as a result of Federal and federally assisted progrems as required by the act. 4. It will comply with the provisions of the Hatch Act which lim- its the political activity of State and local government employees. 5. It will comply with the minimum wage and maximum hours provi- sions of the Federal Fair Labor Standards Act as they apply to employees. Attachment I Page 8 10. 11. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, busi- ness, or other ties. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agen- cy (EPA) list of violating facilities and that it will notify HUD of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. It will comply, to the extent applicable, with all the require- ments of Section 114 of the Clean Air Act, as amended (42 USC 1857, et seq.), as amended by Public Law 91-604) and Section 308 of the Federal Water Pollution Control Act (33 USC 1251, et seq., as amended by Public Law 92-500), respectively, rela~ng to inspection, monitoring, entry, report, and information, as well as other reql/irements specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 13, 1976. Section 102 requires on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is avail- able as a condition for the receipt of any Federal financial as- sistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. It will assist HUD in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 USC 469a-1, et seq.) by: a) con- sulting with the State Historic Preservation Officer on the con- duct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, notifying the Federal grantor agen- cy of the existence of such properties, and by b) complying with all requirements established by HUD to avoid or mitigate adverse effec~ts upon such properties. The Applicant agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794, P.L. 93-112), and all requirements imposed by or pursuant to the regulations of the Department of Health and Human Services (45 CFR Parts 80, 81, Page 9 12. 13. 14. 15. 16. 17. 18. 19. and 84); promulgated under the foregoing statute. The applicant/ grantee agrees that, in accordance with the foregoing require- ments, no otherwise handicapped person, by reason of handicap, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or ac- tivity receiving Federal financial assistance, and assures that it will take any measures necessary to effectuate this agreement. It Will comply with P.L. 93-348 as implemented by Part 46 of Title (45 CFR 46) regarding the protection of human subjects involved in research, development, and related activities supported by Federal financial assistance. It will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended; 7 USC 231, et seq.) and regulations promulgated thereunder by the Secretary of Agriculture (9 DFR Subchapter H) pertaining to the care, handling, and treatment of warm blooded animals held or used for research, teaching or other activities supported by Federal awards. It will comply with the provisions of Executive Order 1199Q, relating to the protection of wetlands. It will comply with provisions of Executive Order 11988, relat- ing to flood-plain management. It will comply with the standards for environmental quality con- trol that may be prescribed pursuant to responsibilities of the federal government under the National Environmental Act of 1969 (P.L. 91-190) and Executive Order 11514, Protection and Enhance- ment of Environmental Quality as amended by Executive Order 11991. It will give the Federal grantor or the Comptroller General, through any authorized representative, the access to and the right to examine all records, books, papers, or documents relat- ed to the grant, including records of contractors or subcontrac- tors perfor~ing under the grant. It will comply with the equal opportunity clause prescribed by Executive Order 11246, as amended, and will require that its subrecipients include the clause in all construction contracts which have or are expected to have aggregate value within a twelve month period exceeding $10,000, in accordance with the Department of Labor regulations at 41 CFR Part 60. It will include, and will require that its subrecipients include, the provision set forth in 29 CFR 5.5(c) pertaining to overtime and unpaid wages in any non-exempt, non-construction contract which involves the employment of mechanics and laborers if the contract exceeds $2,500. Page 20. 21. 22. It will comply with the Drug Free Workplace Act of 1988. It will comply with the National Affordable Housing Act (Pub. L. 101-625, Nov. 28, 1990) Section 832 (e) (2) (c) concerning confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the Emergency Shelter Grants (ESG) Program and that the address or location of any family violence shelter project assisted, under the ESG, will, except with written authorization of the person or persons responsible for the operation of such shelter, not be made public. If the funded program is a Homeless Prevention Program, the program will comply with the requirements of 24 CFR 576.21 (a) (4) (ii). Prevention activities will meet these requirements: a. Inability of family to make required payments must be the result of sudden reduction in income. b. Assistance must be necessary to avoid eviction or termination of services to family. c. Must be reasonable prospect that the family will be able to resume payments within a reasonable period of time. Attachment Page I1 E~EROE~CY SHFJ. TER ORJ.qTS PltOGRAN (ESOP) Services and p&~meflt for Operational Costs (Jts?s.21(&)(2) ·ed (3)). In addition to, ·nd no~ in substitution for, other services and/or the pe2uent of operational COItl for eaergency shelters pursuant to the g~ergency Shelter Orants Progrll. the provider= st an organization operated for religious purposes which is supervised or controlled by or in connection with · religious or denominational institution or organizat£on~ applicant for eaployuent on the basis of religion and wilX not limit euployuent or give preference in employment to persons on the basis of religion; seeking eaergency ahe~ter and related services on the baals of religion and will not limit such services or give preference to persons on the basis of religionr it will provide no religious instruction or counselling, conduct no religious worship or services, engage in no religious proselytizing, end exert no other religious influence in the provision of services or the use of facilities or furnishin~a · sainted in any way under thio ·graement~ &nd do the portion of the facility used aa in ~msrgenc¥ shelter assisted in whole or in Pert enter this ~ agreeS·et or in which services are provided which ere aoliated under thio agreement shall contain no IlOtl=ilrl Or rllig~OUl I~ll Or dloOrltlOnl. CO~ACT B~T~KK~ '~'~ CITY OF ROANOKE AND TOTAL ACTION AC4tINST P(YV~KTY FOR TRANSITIONAL LIVING CE~'r~K THIS AGREEMENT is made and entered into this 1993 by and between the following parties: day of City of Roanoke (herein called the 215 Church Avenue, S.W. Roanoke, Virginia 24011 "Grantee") and - Total Action Against Poverty (herein called the "Subgrantee") P.O. Box 2868 Roanoke, Virginia 24001-2868 The Grantee has been authorized by its City Council pursuant to Resolution Number adopted to provide $12,292.00 of the $28,000 Emergency Shelter Grant (ESG) entitlement awarded to the City of Roanoke by the United States Department of Housing and Urban Development in Program funds to Total Action Against Poverty for the support of its Transitional Living Center. The parties hereto agree as follows: 1. SCOPE OF SERVICES The Total Action Against Poverty's Transitional Living Center (TLC) shall provide long-term (up to eighteen months) shelter services to individuals, couples and families with children. In addition to shelter, the TLC shall provide advocacy and case management services to assist residents in obtaining permanent housing. The Emergency Shelter Grant (ESG) program funds will help to cover the costs of services and operational expenses of the facility. 2. TIME OF PERFOI~R%NCE This agreement shall be for the period of September 1, 1993 through February 28, 1994. This agreement may be extended upon the written agreement of both parties. The total ESG budget for TLC will be $12,292. Food $ 2,178 Transportation 615 Drug Screening 307 Minor Repairs 3,208 Utilities 1,802 General Maintenance 1,645 Equipment 2,537 Total: $12,292 Page 2 TLC will provide a minimum of $12,292 in matching funds. 4. PROPOSED PAYMENT S~:-K,JOLE AND PRO~KDURES: This is a monthly cost reimbursement contract. Requests for payment, accompanied by an invoice from TLC will be submitted to the assigned Project Manager for initial review. Approval for payment will be made by the Office of Grants Compliance. Payment will be made to the Subgrantee within ten (10) days from date of receipt, if all compliance issues are met. Approval of reimbursement requests will be subject to timely receipt of the monthly reports as detailed in Paragraph 9. The Grantee reserves the right to refuse payment to the Subgrantee in the event that the Subgrantee submits a reimbursement request after 90 days from the contract expiration date. 5. INDE~IIFICATION: The Subgrantee agrees to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Subgrantee's intentional acts and negligent acts or omissions with respect to the rights and privileges granted by the City to the Subgrantee in this Agreement. 6. GE~d%L COMPLIANCE: The Subgrantee agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this contract. 7. COMPLIANCE WITH F~,~EI~AL I~EGULATIONS: The Subgrantee agrees to abide by the HUD conditions for the ESG program as set forth in Attachment I and all other applicable federal regulations relating to specific programs performed hereunder. The Grantee reserves the right to withhold payment if the Subgrantee fails to comply with the procedures outlined in this agreement, or federal and state regulations associated with ESG program funds. The Subgrantee agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. 8. PRO(~RA~INCO~E: "Program income" means gross income received by the Grantee or subgrantee directly generated from the use of ESG funds. No program income is expected from this activity. Page 3 9. ~E(X)P3)S AND ~:~:)R~S: The Subgrantee shall maintain full and accurate records with respect to all matters covered under this Agreement. All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of this Agreement or its amendments. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. The Subgrantee shall submit monthly reports to the Project Manager. These reports are due on the fifteenth day of the month. Specifically, a report covering the activities during the month of September is due on October 15, October's report is due on November 15, November's report is due on December 15, December's report is due on January 15, January's report is due on February 15, and the report for February is due March 15, 1994. 10. CLI~TDATA The Subgrantee shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to project manager, grantee monitors or their designees for review upon request. 11. C~I~ INVOLV]~TT The Subgrantee shall involve, to the maximum extent practicable, homeless individuals and families in the construction, renovation, maintenance and operating of the shelter facility. 12. NON-DISCRIMINATION During the performance of this agreement, the Subgrantee agrees to not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, or national origin. The Subgrantee agrees to post in conspicuous places, notice setting forth the provisions of this non- discrimination clause. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the subgrantee, will state that the Subgrantee is an equal opportunity employer. Page 4 13. FO_~_~_~L P~OCESS FOR T~RMINATION OF SERVICES If it is necessary for the Subgrantee to terminate services to any individual or family, the Subgrantee shall follow a formal termination process. 14. SUSPENSION AND 'r~u~INATION: Suspension or termination of this Agreement may occur if the Subgrantee materially fails to comply with any term of this award, and the award may be terminated for convenience by the Grantee or Subgrantee upon written notification to the awarding agency (HUD), setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. No payment will be made for expenses incurred after Subgrantee's receipt of notice of termination, except those expenses incurred prior to the date of notice that are necessary to curtailment of operations under this Agreement. 15. ~SION OF ASSETS: Upon expiration of this agreement, or amendments thereto, the Subgrantee shall transfer to the city any ESG funds or program income on hand at the time of expiration and any accounts receivable attributable to the use of ESG funds. 16. THIRD-PARTYC(~'rKACTS: The Grantee shall not be obligated or liable hereunder to any party other than the F~bgra~ee. 17. AMENDMENTS: The Grantee, from time to time, may require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the Total Action AGainst Poverty Transitional Living Center. In such event or events, such changes which are mutually agreed upon by and between the Subgrantee and grantee shall be incorporated in written amendment to this Agreement. 18. GO~u~INGLAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: CITY OF ROANOKE By By Mary F. Parker, City Clerk W. Robert Herbert, City Manager SUBGRANTEE By Witness By Theodore J. Edlich, III Executive Director Total Action Against Poverty P.O. Box 2868 Roanoke, Virginia 24001-2868 LX:TLC.94 Attachment Page 1 ~G~NCY SHELTEI~ Glad, iTS PROG.V,J~ Purpose: The Program is ~esigned to help improve the quality of existing emergency shelters for the homeless, to help make available additional emergency shelters, and to help meet the costs of operating emergency shel- ters and of providing certain essential social services to homeless indi- viduals, so that these persons have access not only to safe and sanitary shelter, but also to the supportive services and other kinds of assistance they need to improve their situations. 24 CFR Part 573. 3 Definitions a) Conversion means a change in the use of a building to an emergency shelter for the homeless under this part, where the cost of conversion and any rehabilitation costs exceed 75 percent of the value of the building before conversion. Emergency shelter grant amounts and grant amounts mean grant amg~nt made available under this part. Grantee means the entity that executes a grant agreement with HUD under this part. For purposes of this part, "grantee" is a) any State, met- ropolitan city, or urban county that receives a grant allocation under 24 CFR 575.31; b) any unit of general local government that receives a grant based on a reallocation under 24 CFR 575.41(b)(1); c) any pri- vate nonprofit organization that receives a grant based on a realloca- tion under 24 CFR 575.42(b)(2); d) any entity that receives a grant based on a reallocation under 24 CFR 575.41(b)(3). Homeless means families and individuals who are poor and have no access to either traditional or permanent housing. HUD means the Department of Housing and Urban Development. Major rehabilitation means rehabilitation that involves costs in excess of 75 percent of the value of the building before rehabilitation. Metropolitan city means a city that was classified as a metropolitan city under Section 102(a)(4) of the Housing and Con~nunity Development Act of 1974 for the fiscal year immediately before the fiscal year for which emergency shelter grant amounts are made available. Nonprofit recipient means any private nonprofit organization providing assistance to the homeless, to which a unit of local government dis- tributes emergency shelter grant amounts. Obligated means that the grantee or State recipient, as appropriate, has placed orders, awarded contracts, received services or entered similar transactions that require payment from the grant amount. Grant amounts that are warded by a unit of local government to a private non- profit organization providing assistance to the homeless are obligated. Page 2 Private nonprofit recipient means a secular or religious organization described in Section 501(c) of the Internal Revenue Code of 1954 which: a) is exempt from taxation under subtitle A of the Code, b) has an ac- counting system and a. voluntary board, and c) practices nondiscrimina- tion in the provision of assistance. Rehabilitation means labor, materials, tools, and other costs of im- proving buildings, including repair directed toward an accumulation of deferred maintenance; replacement of principal fixtures and components of existing buildings; installation of security devices; and improve- ment through alterations or additions to, or enhancement of, existing buildings, including improvements to increase the efficient use of energy in buildings. Renovation means rehabilitation that involves costs of 75 percent or less of the value of the building before rehabilitation. State means any of the several States, the District of Columbia, or the Commonwealth of Puerto Rico. State recipient means any unit of general local government to w~ch a State makes available emergency shelter grant amounts. Unit of general local government means any city, county, town, town- ship, parish, village or other general purpose political subdivision. Urban county means a county that was classified as an urban county un- der Section 102(a)(6) of the Housing and Community Development Act of 1974 for the fiscal year immediately before the fiscal year for which emergency shelter grant amounts are made available. Value of the building means the monetary value assigned to a building by an independent real estate appraiser, or as otherwise reasonably established by the grantee or the State recipient. 24 CFR 575.5 Waivers The Secretary of HUD may waive any requirement of this part that is not required by law, whenever it is determined that undue hardship will re- sult from applying the requirement, or where application of the requirement would adversely affect the purposes of the Emergency Shelter Grants Program. SUBPART B - Eligible Activities 24 CFR 575.21 Eligible and ineligible activities. a) Eligible activities. Emergency shelter grant amounts may be used for one or more of the following activities relating to emergency shelter for the homeless: 1) Renovation, major rehabilitation, or conversion of buildings for use as emergency shelters for the homeless. Page 3 2) 3) Provision of essential services, including (but not limited to) services concerned with employment, health, substance abuse, educa- tion, or food. Grant amounts provided to a unit of general local government may be. used to provide an essential service only if-- i) The service is a new service or a quantifiable increase in the level of a service above that which the unit of local government provided during the 12 calendar months immediate- ly before it received the grant amount; and ii) Not more than 20 percent of the grant amount is used for these services. Payment of maintenance, operation (including rent), insurance, utilities, and furnishings. b) Ineligible activities. 1) Emergency shelter grant amounts may not be used for activities other than those authorized under paragraph (a) of this secp~on. For example, grant amounts may not be used for: i) Acquisition of an emergency shelter for the homeless; ii) Renting commercial, transient accommodations for the home- less (such as hotel or motel rooms); iii) Any administrative or staffing costs other than those per- mitted in paragraph (a) of this section (e.g., essential services, maintenance); or iv) Rehabilitation services, such as preparation of work speci- fications, loan processing, or inspections. 2) Grant amounts may not be used to renovate, rehabilitate, or convert buildings owned by primarily religious organizations or entities. 24 CFR 575.23 Who ma¥~B~rry out eligible activities. a) Grantees an~ State recipients. All grantees (except States) and State recipients mmy carrlrout activities with emergency shelter grant amounts. All of a State's formula allocation must be made available to units of local government in the State, which may inclu-a metropolitan cities or urba/% counties. b) Nonprofit recipients. Units of local government -- both grantees and State recipients -- may distribute all or part of their grant amounts to nonprofit recipients to be used for emergency shelter grant activities. Page 4 Program Requirements 24 CFR 575.51 Matching f~nds. a) General. Each grantee must supplement its emergency shelter grant a- mounts with an equal amount of funds from sources other than under this part. These funds must be provided after the date of the grant award to the grantee. A grantee must comply with this requirement by provid- ing supplemental funds itself, or through supplemental funds provided by any State recipient or nonprofit recipient (as appropriate). b) Calculating the matching amount. In calculating the amount of supple- mental funds, there may be included the value of any donated material or building; the value of any lease on a building; any salary paid to staff of the grantee or to any State or nonprofit recipient (as appro- priate) in carrying out the emergency shelter program; and the time and services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $5 per hour. For purposes of this paragraph (b), the grantee will determine the value of any donated ma- terial of building, or any lease, using any method reasonably c$~culat- ed to establish a fair market value. 24 CFR 575.53 Use as an e~rgency shelter. a) General. Any building for which emergency shelter grant amounts are used that must be maintained as a shelter for the homeless for not less than a three-year period, or for not less than a 10-year period if the grant amounts are used for major rehabilitation or conversion of the building. b) Calculating the applicable period. The three- and 10-year periods referred to in paragraph (a) of this section begin to run: 1) In the case of a building that was not operated as an emergency shelter for the homeless before receipt of grant amounts under this part, on the date of initial occupancy as an emergency shelter for the homeless. 2) In the case of a building that was operated as an emergency shelter before the receipt of grant amounts under this part, on the date that grant amounts are first obligated on the shelter. 24 CFR 575.55 Building s~mndards. Any building for which emergency shelter grant amounts are used for renovation, conversion, or major rehabilitation must meet the local govern- ment standard of being safe and sanitary. 24 CFR 575.57 Assistance to the ho~eleee. Homeless individuals must be given assistance in obtaining: Page 5 a) b) Appropriate supportive services, including permanent housing, medical and mental health treatment, counseling, supervision, and other ser- vices essential for achieving independent life; and Other Federal, State,' local, and private assistance available for such individuals. 24 CFR 575.59 Other Federal requirements. Use of emergency shelter grant amounts must comply with the additional requirements: following a) Nondiscrimination and Equal ODDortunity. b) c) d) 1) The requirements of Title VIII of the Civil Rights Act of 1968, 42 USC 3601-19 and implementing regulations at 24 CFR 107; and Title VI of the Civil Rights Act of 1964 (42 USC 2000d-1 and implementing regulations issued at 24 CFR Part 1; 2) The prohibitions against discrimination on the basis of age'~nder the Age Discrimination Act of 1975 (42 USC 6101-07) and the prohi- bitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 USC 794); 3) The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60; and 4) The requirements of Section 3 of the housing and Urban Development Act of 1968, 12 USC 1701u (see 24 CFR 570.607 (b) of this Chapter); and 5) The requirements of Executive Orders 11625, 12432 and 12138. Con- sistent with HUD's responsibilities under these Orders, the grantee must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this part. Applicability of OMB Circulars. The policies, guidelines, and require- ments of OMB Circular Nos. A-87 and A-102, as they relate to the ac- ceptance and use of emergency shelter grant amounts by States and units of local government, and Nos. A-110 and A-122 as they relate to the acceptance and use of emergency shelter grant amounts by private non- profit organizations. Uniform Federal Accessibility Standards. For major rehabilitation or conversion, the Uniform Federal Accessibility Standards at 24 CFR Part 40, Appendix A. Lead-based ~aint. The requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42 USC 4821-4846) and implementing regulations at 24 CFR Part 35. Page 6 e f) g) Conflict o__f interest. In addition to conflict of interest requirements in OMB Circular A-102 and A-110, no person who is an employee, agent, consultant, officer, or elected or appointed official of the grantee, state recipient, or nonprofit recipient (or of any designated public agency) that receives emergency shelter grant amounts and who exercises or has exercised any functions or responsibilities with respect to as- sisted activities or who is in a position to participate in a decision- making process or gain inside information with regard to such activi- ties, may obtain a personal or financial interest or benefit from the activity, or have any interest in any contract, subcontract or agree- ment with respect thereto, or the proceeds thereunder, either for his or herself or those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. HUD may grant an exception to this exclusion as provided in 570.611(d) and (el of this chapter. Use of debarred, suspended, or ineligible contractors. The provisions of 24 CFR Part 24 relating to the employment, engagement of services, awarding of contracts, or funding of any contractors or subcontractors during any period of debarrment, suspension, or placement in ineligi- bility status. '- Flood insurance. No site proposed on which renovation, major rehabili- tation, or conversion of a building is to be assisted under this part, other than by grant amounts allocated to State, may be located in an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless the con~munity in which the area is situated is participating in the National Flood Insurance Program. "Section 109": This Agreement is subject to the requirements of Section 10g of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Access to Records and Site of Emplo~nent: This Agreement is subject to the requirements of Executive Order 11Z46, Executive Order 1375, Civil Rights Act of 1964, as amended. The Subgrantee shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the' matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Grantee. Information obtained in this manner shall be used only in connection with the adminis- tration of the Order, the administration of the Civil Rights Act of lg64 (as amended) and in furtherance of the purpose of the Order and that Act. Page 7 EMeRGeNCY SH~LTER C~%NTS PROC~RAM ASSURANCES The Applicant hereby assures and certifies that it will comply with regula- tions, policies, guidelines and requirements as the relate to the applica- tion, acceptance and use of Federal funds for this federally assisted pro- ject. As used below "Federal financial assistance" includes any form of loan, grant,~ guaranty, insurance payment, rebate subsidy, disaster assis- tance loan or grant, or any other form of direct or indirect Federal as- sistance. The applicant assures and certifies that: e It possesses legal authority to apply for and accept the grant; that a resolution motion or similar action has been duly adopt- ed or as an official act of the governing body, authorizing the filing of the application, including all understandings and as- surances contained therein, and directing and authorizing the person identified as the official representative of the appli- cant in connection with the application and acceptance of the grant, and to provide such additional data as may be required. It will comply with Title VI of the Civil Rights Act of lg~4 (P.L. 88-352, 42 USC 2000-d), which prohibits discrimination on the basis of race, color, or natural origin, in programs and activities receiving Federal financial assistance. Other addi- tional requiraments include: O The Age Discrimination Act of 1975, enacted as an amend- ment to the Older American Act (P.L. 94-135), which pro- hibits unreasonable discrimination based on age in the delivery of services and benefits supported by Federal funds; Title IX of the Education Amendments of 1972 (20 USC 1681), et seq.) which prohibits discrimination on the ba- sis of sex in education programs and activities receiving Federal financial assistance (whether or not the programs or activities are offered or sponsored by an educational institution). 3. Should the reciplent's actions result in the relocation of per- sons pursuant to the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646, 42 USC 4601 et seq.) which provides for fair and equitable treatment of per- sons displaced as a result of Federal and federally assisted programs as rec/uired by the act. 4. It will comply with the provisions of the Hatch Act which lim- its the political activity of State and local government employees. 5. It will comply with the minimum wage and maximum hours provi- sions of the Federal Fair Labor Standards Act as they apply to employees. Page 8 10. 11. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, busi- ness, or other ties. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agen- cy (EPA) list of violating facilities and that it will notify HUD of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. It will comply, to the extent applicable, with all the require- ments of Section 114 of the Clean Air Act, as amended (42 USC 1857, et seq.), as amended by Public Law 91-604) and Section 308 of the Federal Water Pollution Control Act (33 USC 1251, et seq., as amended by Public Law 92-500), respectively, rela~ng to inspection, monitoring, entry, report, and information, as well as other requirements specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 13, 1976. Section 102 requires on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is avail- able as a condition for the receipt of any Federal financial as- sistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. It will assist HUD in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 USC 469a-1, et seq.) by: a) con- sulting with the State Historic Preservation Officer on the con- duct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, notifying the Federal grantor agen- cy of the existence of such properties, and by b) complying with all requirements established by HUD to avoid or mitigate adverse effects upon such properties. The Applicant agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794, P.L. 93-112), and all requirements imposed by or pursuant to the regulations of the Department of Health and Human Services (45 CFR Parts 80, 81, Page 9 12. 13. 14. 15. 16. 17. 18. 19. and 84); promulgated under the foregoing statute. The applicant/ grantee agrees that, in accordance with the foregoing require- ments, no otherwise handicapped person, by reason of handicap, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or ac- tivity receiving Federal financial assistance, and assures that it will take any measures necessary to effectuate this agreement. It will comply with P.L. 93-348 as implemented by Part 46 of Title (45 CFR 46) regarding the protection of h~man subjects involved in research, development, and related activities supported by Federal financial assistance. It will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended; 7 USC 231, et seq.) and regulations promulgated thereunder by the Secretary of Agriculture (9 DFR Subchapter H) pertaining to the care, handling, and treatment of warm blooded animals held or used for research, teaching or other activities supported by Federal awards. It will comply with the provisions of Executive Order 1199Q~ relating to the protection of wetlands. It will comply with provisions of Executive Order 11988, relat- ing to flood-plain management. It will comply with the standards for environmental quality con- trol that may be prescribed pursuant to responsibilities of the federal government under the National Environmental Act of 1969 (P.L. 91-190) and Executive Order 11514, Protection and Enhance- ment of Environmental Quality as amended by Executive Order 11991. It will give the Federal grantor or the Comptroller General, through any authorized representative, the access to and the right to examine all records, books, papers, or documents relat- ed to the grant, including records of contractors or subcontrac- tors performing under the grant. It will comply with the equal opportunity clause prescribed by Executive Order 11246, as amended, and will require that its subrecipients include the clause in all construction contracts which have or are expected to have aggregate value within a twelve month period exceeding $10,000, in accordance with the Department of Labor requlations at 41 CFR Part 60. It will include, and will require that its subrecipients include, the provision set forth in 29 CFR 5.5(c) pertaining to overtime and unpaid wages in any non-exempt, non-construction contract which involves the employment of mechanics and laborers if the contract exceeds $2,500. Page 10 20. 21. 22. It will comply with the Drug Free Workplace Act of 1988. It will comply with the National Affordable Housing Act (Pub. L. 101-625, Nov. 28, 1990) Section 832 (e) (2) (c) concerning confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the Emergency Shelter Grants (ESG) Program and that the address or location of any family violence shelter project assisted, under the ESG, will, except with written authorization of the person or persons responsible for the operation of such shelter, not be made public. If the funded program is a Homeless Prevention Program, the program will comply with the requirements of 24 CFR 576.21 (a) (4) (ii). Prevention activities will meet these requirements: a. Inability of family to make required payments must be the result of sudden reduction in income. b. Assistance must be necessary to avoid eviction or termination of services to family. c. Must be reasonable prospect that the family will be able to resume payments within a reasonable period of time. Attachment I Page 11 SHELTER GRAI~S PltO(3RAM (ESOP) Between Grantees or State Recipients and Prieartly Religious Organizations ~or the Provision of Essential Services smd Payuent ~or Operational Costs (§JETS.21(&)(2) and (2)). provisions o~ this agrees.mt regarding the provision of.essential services and/or the ~Muent o! operational costs for eR.rS.acM shelters pursuant to the EBergenc¥ Shelter .rants .Pr.start, the Provider, represents that it is, or nay be de.ned to be, s .- religious or den.sleetS.mai institution or organization o~ aa organization operated for religious purposes which is supervised or controlled by or in connection with · religious or denoelflational institution or organintion~ and agrees that, in connection with such essential services and operational costs. it will not discrininata against any employee or applicant for enployuent un the basis o! religion and will not linit .upi.yarnS or give pre~erence in .upi.Mu.at to persona on the basis of religion; it will not diacrtBlnata against any persons seeking eaergen~ shelter and related services on the basis of religio~ and will not licit such services or give preference to per.oas on the basis of religion, it will provide no religious instruction or counselling, conduct no religious worship or services, engage in no religious proselytizing0 and ezert no other religious influence in the provision of services or the uae of facilities or furnishings assisted in any way under this sere.tent: and the portion of the facility sand as an euergenc¥ shelter assisted in wtJole or in pert under this agrees.fit or in which mervicee are provided which are eseisted under thio sere.sent shall contain no sectarian or religious aye&sis or decorations. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #72-178-226-236 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31598-072693 authorizing you to execute an agreement with Totai Action Against Poverty in the Roanoke Valley, Inc., for cooperative administration of the Emergency Home Repair Program, upon certain terms and conditions. Resolution No. 31598-072693 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 26, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Theodore J. Edlich, III, Executive Director, Total Action Against Poverty in the Roanoke Valley, Inc., P. O. Box 2868, Roanoke, Virginia 24001-2868 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance William F. Clark, Director, Public Works Ronald H. Miller, Building Commissioner H. Daniel Pollock, Housing Development Coordinator Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1993. No. 31598-072693. A RESOLUTION authorizing the City Manager or his designee to execute an agreement with Total Action Against Poverty in the Roanoke Valley, Inc., for the cooperative administration of the Emergency Home Repair Program, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or his designee and the City Clerk are hereby authorized to execute and to seal and attest, respectively, an agreement with Total Action Against Poverty in .the Roanoke Valley, Inc., providing for the cooperative administration of the Emergency Home Repair Program, as requested in the City Manager's report of July 26, 1993, to City Council. 3. The form of the aforesaid agreement and contract shall be approved by the City Attorney. ATTEST: City Clerk. }~onorable Mayor and Members of Council Roanoke, Virginia '93 Dear Members of Council: 1993 Subject: Execution of Agreement for Emergency Home Repair Program I. Backqround Emerqency Home Repair Proqram {EHRP), established in 1988, makes funds available for emergency repairs and improvements for handicapped accessibility to rental units occupied by low-income tenants. Each housing unit may receive a maximum of $2,500 in Community Development Block Grant (CDBG) funds from the City, with a dollar for dollar match by property owner. Emerqency Home Repair Proqram has been operated by th~ City in conjunction with Total Action Against Poverty since 1989. $30,000 in CDBG funds have been allocated to th~ Proqram in FY 1993-1994 for continued program operation. $117 in CDBG funds carried over from FY 1992-1993 are also available for program use. II. Current Situation Execution of a contract with Total Action Aqainst Poverty (TAP) for administration of the Program (Exhibit A) is necessary in order to continue the Program. According to the terms of the contract, will: TAP 1. Assess tenant's income eligibility for Program; Perform the repair work necessary to avoid condemnation of the unit; 3. Perform Weatherization Proqram when appropriate; Receive a $300 administrative fee for each repair grant. This fee will come from the existing allocation of funds to the Program. Additional administrative funds are not required. III. Issues ao Consistency with established plans and policie~ of the City. B. Cost to the City. July 26, 1993 Page 2 Efficient and timely administration of the Emergency Home Repair Program. IV. Alternatives no Authorize the City Manaqer to execute an aqreement with TAP for the cooperative administration of the Emergency Home Repair Program (Exhibit A), agreement to be approved as to form by the City Attorney. Consistency with established plans and policies of the City would be met, through improvement and preservation of existing rental housing stock. Serious health and safety hazards in approximately 12 substandard rental units will be corrected, preventing such units from being condemned and displacing low-income tenants. Because property owners must agree not to increase the rents for one year, low-income tenants will not be displaced indirectly by increased rent. 2 o Cost to the City will be $30,117 in CDBG fuDd~ available in CDBG accounts 035-093-9320-5168 and 035-091-9120-5168. Efficient and timely administration of the Emergency Home Repair Program will be facilitated, since TAP is experienced in assessing tenant income eligibility, providing Weatherization improvements, and in cost-effective performance of repairs. Repairs to substandard rental property in danger of condemnation may be achieved within 7 to 10 days of initial inspection. Do not authorize the City Manaqer to execute an aqreement with TAP for the cooperative administration of the Emergency Home Repair Program. Consistency with established plans and policies of the City would not be met. This funding would not be available to correct serious health and safety hazards in approximately 12 substandard rental units occupied by low-income citizens. Lack of limited repairs to serious deficiencies could cause such units to be condemned and displace low- income tenants. Deterioration of houses currently of marginal condition may continue, resulting in property condemnation and further deterioration. July 26, 1993 Page 3 2 o Cost to the City would be recoqnized through continued housing deterioration and abandonment. 3 o Efficient and timely administration of the Emergency Home Repair Program would be difficult to achieve without an agreement with TAP or some other appropriate agency to assess tenant eligibility and perform repairs necessary to avoid condemnation of substandard units. Ability to make repairs quickly also would be dramatically hindered. V. Recommendation Adopt Alternative A, and authorize the City Manager to execute an agreement with TAP for the cooperative administration of the Emergency Home Repair Program (Exhibit A), the agreement to be approved as to form by the City Attorney. Respectfully submitted, W. Robert Herbert City Manager BC:rs(CR072693) cc: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Executive Director, Total Action Against Poverty Exhibit A AGREEMENT made this 26th day of July, 1993, between the Grantee: City of Roanoke 215 Church Avenue SW Roanoke, VA 24011 and the Subgrantee: Total Action Against Poverty in the Roanoke Valley, Inc. 145 Campbell Avenue SW Roanoke, VA 24011 (TAP) Whereas, Roanoke City Council approved by Resolution No.31445-051093 on May 10, 1993, the proposed FY 1993-94 budget for the Community Development Block Grant (CDBG) Program, and the Statement of Community Development Objectives and Projected Use of Funds, wherein $30,117 of CDBG funds allocated to the Emergency Home Repair Program is available for program use; and Whereas, the Roanoke City Council on July 26, 1993, reviewed and approved by Resolution No. , the execution of a contract between the City and Total Action Against Poverty (TAP) concerning operation of the Emergency Home Repair Program; and Whereas, TAP is experienced in providing services to and on behalf of citizens of low and moderate income, including verifying general eligibility of assistance programs, and in performing or arranging for the performance of residential repair and rehabilitation, and is the sole agency authorized to administer the federally-funded Weatherization program in the City of Roanoke; Now, therefore, the City and TAP do mutually agree as follows: A. Budget: The total budget for this project will be $30,117. The City of Roanoke will provide $30,117 in CDBG funds, to the Emergency Home Repair Program as follows: City of Roanoke CDBG funds $30,117 Community Development Block Grant funds will be used only for eligible repairs to rental units occupied by low- moderate income households in accordance with the Emergency Home Repair Program Guidelines (Attachment B), and for payment of allowable administrative fees to Total Action Against Poverty in the Roanoke Valley as in Section D, Paragraph 3, infra. B. Scope of Services: Utilizing funds as appropriated and made available by the City, but not exceeding $30,117, and Weatherization funds as available to TAP in the City from Virginia's Weatherization Program, available through the Virginia Department of Housing and Community Development, TAP shall verify income of residents of certain rental properties identified jointly by TAP and the City, and shall provide repair services to the owners of such property as authorized by the City as provided in the program description (Attachment B). Procedure: In the course of its enforcement of the Building Maintenance Code, the City may discover rental residential units, occupied by low-moderate income household tenants, that have imminent health and safety hazards or barriers to habitability. TAP may also discover such units through its Weatherization Program and citizen inquiries. For the purposes of the Emergency Home Repair Program and this agreement, "low- moderate" is defined as a household having income not exceeding 80% of the area median household income, adjusted for household size, as established by the U. So Department of Housing and Urban Development. 2 o TAP in cooperation with Building and Health Inspectors of the City shall: so Identify the repairs necessary in order to avoid condemnation and an order to vacate the unit; Contact the property-owner and obtain from him/her written certification that: He/she cannot afford to make repairs, at least without rent increases; 2 o Agree not to increase the rent due to the repairs, or sell the property for one year after repairs are made; 3. Match CDBG funds in the Program, and further; Agree to pay the grant back to the City in the event that the rent is increased or the property is sold within one year after repairs are made. 3. TAP shall: so Verify the income eligibility of the tenants for this program and its Weatherization Program; Do b. Verify the approximate cost of identified repairs; C · Determine work eligible to be performed under terms of its Weatherization Program, if tenants meet income and all other qualifications for that program; do Execute with the owner of the unit an Agreement (Attachment C) for the work to be performed under the Emergency Home Repair Program; e o Arrange for repairs to be made expeditiously, and in accordance with all applicable Building Codes. fo Require any contractor for work performed pursuant to this Agreement or any Agreement with a property-owner under the Emergency Home Repair Program to hold TAP and the City of Roanoke, its officers, agents and employees harmless in any and all damages, losses, expenses, and claims that may arise by reason of any negligence on the part of the subcontractor, its agents, or employees, or on the part of any party with whom TAP enters into a contract for work performed pursuant to this Agreement; and Ensure that all contracts between TAP and any person or entity other than the City of Roanoke shall include a provision that the City of Roanoke is not obligated to any such person, entity or party other than TAP, executing said contract. Compensation and Methods of Payments: Total Cost: The total of all payments from the City to TAP under the terms of this contract shall not exceed $30,117, including materials, expenses to TAP's subcontractors, building permits, administrative cost, and any other allowable costs. Subcontractors: TAP may use other private subcontractors to perform work elements TAP is not qualified or able to do, the cost to be paid to the subcontractors under the terms of this contract to count toward the $30,117 limit, with a limit of $2,500 per unit. TAP shall obtain a minimum of two (2) competitive bids for each contracted repair job unless waived by the City in the event of an emergency, and will award the work to the lowest reputable bidder able to perform within reasonable time. Administrative Cost: TAP may charge an administrative fee to the City, in addition to the direct charge of the contracted work performed under this program. Such administrative fees shall not exceed $300 per unit. Eo Fo Go Ho Submission of Invoices: Reimbursement of allowable expenses shall be paid to TAP by the City within fifteen (15) working days from receipt of the final invoice from TAP. Such final invoice may not be submitted by TAP or accepted by the City before approved final inspection by the City Building Department and acceptance of the completed work by the Housing Development Office. Time of Performance: The term of this agreement shall not extend beyond the earliest of June 30, 1994; expenditure of all of the funds allocated to the Program by the City; or cancellation by either party as provided in Section P infra. Compliance with Federal Regulations: The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment A, and all other applicable federal regulations relating to the specific program performed hereunder. Conflict of Interest: No employee, agent, consultant, officer or appointed official of TAP who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activities, may obtain a personal or financial interest in or benefit from any of the activities, or have an interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter. Hold Harmless Aqreement: TAP shall hold the City, its officers, agents, and employees harmless from any and all damages, losses, expenses and claims that may arise by reason of any act or omission on the part of TAP, its agents or employees, or on the part of any party with whom TAP enters into a contract for work performed pursuant to this Agreement. Jo Ko TAP shall require any such subcontractor to hold TAP and the City, its officers, agents, and employees harmless from any negligence on the part of the subcontractor, its agents or employees, or on the part of any party with whom TAP enters into a contract for work performed pursuant to this Agreement. Liability Insurance Coveraqe: TAP is required to provide comprehensive liability insurance coverage to protect TAP, the City, the City's officers, agents and employees and the homeowner for not less than $500,000.00 for bodily injury, including accidental death, to any one person and not less than $1,000,000.00 on account of any one occurrence. TAP will also provide property insurance in an amount not less than $100,000.00 per occurrence and $200,000.00 per aggregate. TAP shall also provide workman's compensation insurance as provided by the Workmen's Compensation Law of Virginia. TAP shall furnish evidence of its insurance coverage to the City. TAP will also require all subcontractors to carry comprehensive liability insurance for the protection of the parties, naming said parties as named insureds, and in the amounts of not less than $250,000.00 in the event of property damage. TAP shall also require all subcontractors to carry workmen's compensation insurance as required by the Workmen's Compensation Law of Virginia. The amount of such insurance shall not be construed as a limit upon the obligation of TAP, a subcontractor of TAP's or on the part of any party with whom TAP contracts for work performed pursuant to this Agreement. Therefore, TAP's coverage should provide for all liability assumed by TAP under this Agreement. Uniform Administrative Requirements; The subgrantee shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non Profit Organizations: and the following Attachments to OMB Circular No. A-il0, if applicable: Attachment A, "Cash Depositories;" Attachment B, "Bonding and Insurance;" Attachment C, "Rentention and Custodial Requirements for Records," Attachment F, "Standards for Financial Systems;" Attachment H, "Monitoring and Reporting Program Performance,; paragraph 2; Attachment N, "Property Management Standards;" and Attachment O, "Procurement." Proqram Income: "Program Income" means gross income received by the Grantee Lo Mo No or Subgrantee directly generated from the use of CDBG funds. Program income from any and all sources shall be submitted to the City within five (5) working days of its receipt by the Subgrantee. Program income does not include funds provided by property owners as a match for the rehabilitation grant. Records and Reports: The Subgrantee shall maintain full and accurate records with respect to all matters covered under this Agreement. All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of this Agreement or its amendments. Appropriate City, State, and/or HUD personnel shall have free access to those records durinq the Agreement duration and the following three-year time period. The Subgrantee shall submit a report each quarter to the Grantee's Office of Grants Compliance, with a copy to the Housing Development Office. Such reports shall consist of an accounting of funds committed and expended from each funding source for the period, and a report on families and persons benefiting from the grants. Format of reports will be mutually agreed upon by Grantee and Subgrantee. Reversion of Assets: Upon expiration of this Agreement, or amendments thereto, the Subgrantee shall transfer to the City any CDBG funds or program income on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Annual Audit and Monitorinq: The Subgrantee shall provide for an annual independent audit of all CDBG expenditures covered by the Agreement. Copies of said audit report shall be furnished to the Grantee's City Manager and Director of Finance within thirty (30) days of completion of the audit. Third Party Contracts: The City shall not be obligated or liable hereunder to any party other than TAP. All contracts between TAP and a third party shall include a provision that the City is not obligated or liable thereon to any party other than TAP. Cancellation Clause: In the event either party should fail to carry out the provisions and intentions of this Agreement and its attachments, the other party may, by a written ten (10) day notice, cause this contract to be cancelled. Likewise, should either party determine that it cannot successfully carry out its portion of the program, the Agreement may be cancelled with a written ten (10) day notice to the other party. Such notices shall be either delivered by hand or mailed to the parties as follows: In the case of the City, be addressed or delivered to the: City Manager 215 Church Avenue SW Roanoke, VA 24011 In the case of TAP, be addressed to or delivered to the: Executive Director P. O. Box 2868 Roanoke, VA 24001 In the event of such cancellation, projects underway or for which TAP has made commitments to subcontractors will be completed by TAP as otherwise provided in this Agreement. Amendments: The City may, from time to time, require changes in the scope of the services of TAP to be performed hereunder. Such changes and any other changes as mutually agreed upon by the City and TAP, shall be incorporated in written amendment to this Agreement. 7 In witness Whereof, the City and TAP have executed this Agreement as of the date first above written. City of Roanoke Attest W. Robert Herbert City Manger Total Action Against Poverty in the Roanoke Valley, Inc. Attest Theodore J. Edlich, III Executive Director Approved as to CDBG Eligibility Director of Finance Date Appropriation and Funds required for this Contract Certified Account # Approved as to Form Assistant City Attorney Approved as to Execution Assistant City Attorney (agreemnt) 8 U.S. DEPARTMENT OF~i,;HOUSING AND URBAN DEVELOPMENT COMMUNIT¥iDE~OPMENT BLOCK GRANT PROGRAM SPECIA~:~ERMS AND CONDITIONS ATTACHMENT A page i "Section 3" Compliance in the Provision of Training, Emplo~nent and Busines~ Opportunities: Xo The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. Co The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such ATTACHMENT A page 2 assistance, its successor and assigns. Failure to fulfill these requirements shall..subj~9~ the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Equal Employment Opportunity: Contracts subject to Executive Order 11246~ as amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Contractor shall cause or require to be inserted in full in any non- exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. Co The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the ATTACHMENT A page 3 Department and the Secretary of Labor for purposes of investigation to ascertain compliance~{th such rules, regulations and orders.i~F In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the contractor may be declared ineligible for further Government contracts or Federally-assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States." The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Contractor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Contractor agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Contractor under the Program with respect to which the failure or ATTACHMENT A page 4 refusal occurred until Sat~S~a.c?~ory assurance of future compliance h~s been received from such contract;6~i? and refer the cause to the DepartmentlOf Justice for appropriate legal proceedings. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contractor shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contractor and the United States are beneficiaries of and entitled to enforce such covenant. The Contractor, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 4. Obligations of Contractor with Respect to Certain Third-party Relationships: The Contractor shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Contractor. Any Contractor which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Contractor is carried out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104{h) of the Housing and Community Development Act of 1974. 5. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. Interest of I~embers~ Officers or Employees of Contractor~ ~embers of Local Governmnt Body, or Other Public Officials: No member, officer or employee of the Contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Contractor shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. Prohibition Against Payments of Bonus or Co~m~ission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, ATTACHMENT A page 5 or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Co~nity Development Act of lg74, or HUD~!- regulations with.~espect~it~; provided, however, that reasonable~fees or bona fide techniEal, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. "Section log': This Agreement is subject to the requirements of Section lOg of the Housing and Community Development Act of lg74, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Access to Records and Site of Employment: This Agreement is subject to the requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Contractor. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights Act of 1964 {as amended} and in furtherance of the purpose of the Order and that Act. 10. Records: All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of the Agreement. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. 11. Termination for Convenience or for Cause: This Agreement may be terminated by either the City or the Contractor in the event of a substantial failure to perform by either party. In the event of such termination, the Contractor shall be entitled to collect all sums for services performed as of the date of termination. This Agreement may be terminated for convenience in whole or in part by the City with the consent of the Contractor, in which case the two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated. 12. Legal R~ies for Contract Violation: If the Contractor materially fails to comply with any term of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, the City may take one or more of the following action, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Contractor, 2) Disallow all or part of the cost of the activity or action not in compliance, 3) Wholly or partly suspend or terminate the current Agreement, or 4) Take other remedies that may be legally available. E:ATTACHMT.PRO 10/1/91 Attachment B EMERGENCY HOME REPAIR PROGRAM DESCRIPTION Emerqency Home Repair Proqram (EHRP) will be administered by Total Action Against Poverty in the Roanoke Valley, Inc. (TAP). The general intent of EHRP is to provide limited assistance for the repair of critical deficiencies in rental units occupied by low-moderate income tenants. Improvements to make the unit handicapped-accessible for existing occupants are also eligible. Basic Eliqibility -- Low-moderate income tenants in rental units with serious health or safety deficiencies for which the unit may be or become condemnable, and low-moderate income handicapped persons occupying housing units in need of handicapped accessibility repairs or improvements. As a condition of funding of repairs under EHRP, the owner must agree to not increase the rent charged to the tenant because of the public subsidy for at least one year, and except in exceptional cases must provide matching funds for the repairs. Form of Subsidy -- EHRP includes CDBG funds allocated to the program by the City. Additionally, matching funds are supplied by the property owners, and possibly from other sources (i.e. Blue Ridge Independent Living Center, Department of Rehabilitative Services, TAP's Weatherization Program, League of Older Americans, etc.). CDBG funds are in the form of a grant. CDBG funds may be used for eligible low-moderate income households <80% of median income). The total CDBG funds may not exceed $2,500 per housing unit. The property owner is expected to match grant funds dollar for dollar. However, upon the discretion of the Housing Development Office, owner-match requirement may be reduced or waived. Application and Selection -- Potential candidate tenants or units typically will be discovered from complaints, code enforcement inspections, and inquiries to TAP. The intent is to address units that are condemnable or in danger of becoming so, and to make those repairs necessary to remedy those items, and to provide handicapped accessibility repairs or improvements to hOhsing units occupied by low-moderate income handicapped persons in need of such repairs or improvements. Candidates will be referred to TAP for investigation of eligibility and expected cost of repairs. TAP will work in conjunction with inspectors of the Building Department and/or the Health Department in identifying necessary repairs. Upon verifying the tenant's eligibility, TAP will contact the property owner to seek and obtain approval for the repairs and the owner's contribution toward them. If the owner refuses to authorize the repairs, the Housing Development Office will be notified. If the owner seeks to reduce or eliminate the requirement for match, TAP may recommend to the Housing Development Office that the requirement be modified. Upon negotiation and agreement by all parties, TAP will enter into a contract with the owner whereby TAP agrees to make the repairs for the specified price, and the owner agrees to the repairs, to the match, to not increase the rent or evict the tenant based on payment of CDBG funds for the repairs or improvements, and to not sell the property for a period of at least one year from completion of the repairs or improvements. Construction -- TAP will be responsible for having the necessary work performed, either using their own personnel or subcontracting to others. TAP will also be responsible for obtaining all necessary building permits. Upon completion of the work -- TAP will have the Building Department inspect the work to insure Building Code requirements are met, and verify adequacy of the work to avoid condemnation. Upon approval of the work by the Building Department, TAP will submit an invoice to the Housing Development Office for payment, in accordance with the contract with TAP for administration of this activity. PROGRAM FUNDING The Emergency Home Repair Program is funded in Fiscal Year 1993- 94 at $30,117 as follows: Emergency Home Repair Program $30,117 CDBG TOTAL FUNDS $30,117 (progdesc) Attachment C AGREEMENT Made this __ day of 19 Between TAP: and the Owner: Total Action Against Poverty in the Roanoke Valley, Incorporated 145 Campbell Avenue SW Roanoke, VA 24011 Concerning a certain residential property (hereinafter the "Property") in the City of Roanoke, identified as Official Tax Map Number , described as located at WHEREAS, the Owner hereby certifies he/she/they own the Property and rent it for residential use; and WHEREAS, the Property has been inspected and is determined to be in noncompliance with the Building Maintenance Code, in need of emergency repairs, or having need of handicap accessibility improvements due to handicapped individuals occupying the property; and WHEREAS, TAP has determined that the current tenants of the property have incomes not exceeding 80% of the median family income for the Roanoke Area; and WHEREAS, the Owner certifies he/she/they cannot afford to make the necessary repairs without increasing rents charged to the current tenants; and WHEREAS, the City of Roanoke is willing to pay up to $2,500.00 under the Emergency Home Repair Program to make necessary repairs to the property, if the Owner agrees to certain conditions; THEREFORE, the parties to the Agreement do mutually agree as follows: I. RESPONSIBILITIES OF TAP: 1. As a licensed contractor, TAP will perform or arrange to have performed the following repairs: at a total cost of ($ ) TAP will insure that all applicable building permits are obtained for the work to be performed. 2. TAP agrees to complete the repairs within__ days of the execution of this Agreement by all parties. Upon completion, TAP will notify the City Building Department and the Owner. II. RESPONSIBILITIES OF THE OWNER: As party to this Agreement, the Owner authorizes TAP and its subcontractors to make repairs and improvements as identified in Section I, and to provide TAP and its subcontractors access to the property at reasonable times for the purposes of performing the repair work, and provide the City of Roanoke access for inspection of work after completion. In addition, owner agrees to pay ($ ) to be paid to TAP by owner upon owner's execution of this agreement, said payment being the Owner's cost of repairs to the Property. In consideration for the work performed by TAP as identified in Section I, the Owner agrees to refrain from any rent increases on the Property due to the repair work for a period of one year from the date of the completion of the work as certified by TAP. The owner agrees to provide TAP with a copy of the Lease Agreement between the Owner and the tenant occupying the Property which shall not expire before Further, the Owner agrees not to evict or otherwise request the tenant to leave the property, or sell the property for a period of one year from the date of completion of the work, providing the tenant complies with all his/her obligations and responsibilities under the Lease Agreement with the Owner. The Owner agrees not to sell the property for a period of one year from the date of completion of the work as certified by TAP. The Owner agrees to execute a promissory note to the City of Roanoke, as provider of funds to TAP for payment of the cost of repairs not paid by the Owner, in the amount of ($ ), for repayment to the City of Roanoke in the event of the Owner's noncompliance with any one of these provisions. III. HOLD HARMLESS AGREEMENT: The Owner and TAP shall hold the City of Roanoke, its officers, agents, and employees harmless from any and all 2 damages, losses, expenses, and claims that may arise by reason of any act or omission on the part of TAP, the City, its agents or employees, arising out of or otherwise related to the rehabilitation of the property subject to this Agreement, or on the part of any party with whom TAP enters into a contract for work performed pursuant to this Agreement. TAP shall require any such contractor to hold TAP and the City of Roanoke, its officers, agents and employees harmless in any and all damages, losses, expenses, and claims that may arise by reason of any negligence on the part of the subcontractor, its agents, or employees, or on the part of any party with whom TAP enters into a contract for work performed pursuant to this Agreement. IV. THIRD PARTY CONTRACTS: Vo The City shall not be obligated or liable executing this Agreement, other than TAP, the Agreement dated July 26, 1993. to any party as set forth in LIABILITY INSURANCE COVERAGE: TAP is required to provide comprehensive liability insurance coverage to protect TAP, the City of Roanoke, its officers, agents and employees, and the Owner for not less than $500,000.00 for bodily injury including accidental death to any one person and not less than $1,000,000.00 on account of any one occurrence. TAP will also provide property damage insurance in an amount of not less than $100,000.00 per occurrence and $200,000.00 per aggregate. TAP will also require all subcontractors to carry comprehensive liability insurance for the protection of parties, naming said parties as named insureds, and in the amount of not less than $250,000.00 in the event of bodily injury including death and $50,000.00 in the event of property damage. VI. CANCELLATION CLAUSE: In the event either party should fail to carry out any provision or intention of this Agreement and its attachments, either of the parties may cancel the Agreement by a written 10-day notice to the other party. However, in the event of such cancellation due to the lack of performance by a party hereto, such party shall reimburse the other party for costs they have incurred in good faith and reasonable expectation of the fulfillment of this Agreement by both parties. Such notices shall be either delivered by hand or mailed to the parties as follows: 1. In the case of TAP, be addressed or delivered to the: Executive Director Total Action Against Poverty in the Roanoke Valley, Inc. 145 Campbell Avenue SW Roanoke, VA 24011 2. In the case of the Owner, be addressed to or delivered to: VII. AMENDMENTS: Any changes as mutually agreed upon by TAP and the Owner shall be incorporated in written amendment to this Agreement. IN WITNESS WHEREOF, TAP and the Owner have executed this Agreement as of the date first written above. Owner: TAP: Executive Director Witness: DATE: (tapownag) 4 PROMISSORY NOTE FOR VALUE RECEIVED, the undersigned promises to pay the CITY OF ROANOKE, VIRGINIA, in order, at its municipal offices in the said City, the principal sum of DOLLARS ($ ) without interest. If the undersigned complies with all of the terms and conditions contained in Section II of the agreement between TOTAL ACTION AGAINST POVERTY and the undersigned, for the performance of repair work on certain property of the undersigned under the Emergency Home Repair Program, executed on , 19__, and incorporated herein, the entire debt will be deemed to have been satisfied and will be forgiven by the City as of , 19 . If there be a breach of the terms and conditions contained in Section II of the agreement between Total Action Against Poverty and the undersigned, for the performance of repair work on certain property of the undersigned under the Emergency Home Repair Program, executed on 19 , and incorporated herein, the entire principal s~all~-at the option of the holder of this Note, immediately become due and payable for all purposes whatsoever, and its collection may be enforced by any remedy at law or in equity. The terms and conditions of said agreement are made a part hereof and shall control in the interpretation and enforcement of this Note. The time of payment of all or any part of the debt hereby evidenced may be extended or renewed from time to time by the holder hereof, and no such extension or renewal shall in any wise release or affect the liability of anyone in any way liable for the payment hereof. Homestead and all other exemptions, presentment, protest and notice of dishonor are hereby waived by the undersigned and by all persons now or hereafter in any way liable for the payment of this debt. If the debt hereby evidenced be not paid as it matures and is collected by suit or attorney, it is further agreed that there shall be paid hereunder as an attorney's fee for such collection 18% of the amount then due which is hereby agreed upon as a reasonable charge. The makers shall have the privilege to repay the entire principal amount hereof without premium. (SEAL) (SEAL) 1 of 2 STATE OF VIRGINIA ~ ~ To-Wit: CITY OF ROANOKE ~ The foregoing Promissory Note was acknowledged __ day of , 19 , by before me this My Commission expires: Notary Public 2 of 2 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2.4011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #72-226-246-467 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31599-072693 authorizing acceptance of the bid of Total Action Against Poverty in the Roanoke Valley, Inc., and award of the requisite contract to prepare and deliver the Summer Food Service Program daily meals to designated sites in the City. Ordinance No. 31599-072693 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 26, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Theodore J. EdHch, III, Executive Director, Total Action Against Poverty in the Roanoke Vailey, Inc., P. O. Box 2868, Roanoke, Virginia 9.4001-2868 Charles W. Day, Chairperson, Roanoke City School Board, 1830 Grayson Avenue, N. W., Roanoke, Virginia 24016 E. Wayne Harris, Superintendent of Roanoke City Public Schools Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Glenn D. Radcliffe, Director, Human Development Vickie L. Price, Administrator, Fifth District Employment and Training Consortium Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1993. No. 31599-072693. A RESOLUTION authorizing the acceptance of the bid of Total Action Against Poverty in the Roanoke Valley, Inc. and award of the requisite contract to prepare and deliver the Summer Food Service Program daily meals to designated sites in the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Total Action Against Poverty in the Roanoke Valley, Inc., made to the City offering to prepare and deliver the Summer Food Service Program daily meals to designated sites in the City of Roanoke, for the price of $1.849 per breakfast served and $1.991 per lunch served, is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as approved by the City Attorney. ATTEST: City Clerk. Roanoke, Vi~n~ July 26, 1997 u,~, 22 ~10:24 Honorable Mayor and Members of City Council Roanoke, Virginia Members of Council: SUBJECT: Contract for services with Poverty in Roanoke Valley, Food Service Program Total Action Against Inc. (TAP) for Summer I. Backqround City Council authorized acceptance of a grant award totaling $150~228 from the U.S. Department of Agriculture for the Summer Food Service Food Program (SFSP) on June 14, 1993 by Resolution No. 31524-061493. Council allocated $12,330 in the 1993-94 budget to the Director of Human Development to support staffing and administration of this program. II. Current Situation Summer Food Service Program (SFSP) beqan operatinq on June 21, 1993, serving approximately 1,675 meals daily at thirteen (13) sites. Total Action Against Povertyt Inc. (TAP) negotiated a responsive bid for the provision of food services for the 1993 Summer Food Service Program. An "Invitation for Bid" process was developed and implemented, and followed the City's procurement guidelines. Of the eighteen (18) certified food vendor organizations that were sent the IFB, TAP was the only one to submit a bid. 1. TAP has proposed a responsive proqram for meal preparation and delivery. The reimbursement rate is $ 1.849 for breakfasts served and $ 1.991 for lunches served; both rates are within the amounts designated by the grant. 2. TAP's neqotiated contract resulted in a contract price within the available funds: contract agreement # 034-054-9385-8403. City Council Report July 26, 1993 Page 2 An agreement between the City and TAP is necessary to ensure TAP prepares and delivers the meals to project sites and to ensure TAP is paid for services rendered. III. Issues Cost to the City Funding Timing IV. Alternatives Accept the responsive bid and authorize the City Manager or his designee to execute the attached vendor contract Agreement between the City and Total Action Against Poverty for the Summer Food Service Program. Cost to the City - Will be $12~330 in General Fund monies. Funding The balance of program costs, $150,228, will be available from the USDA Summer Food Service Program grant award, in Account No· 034-034-1234- 9385. Timing Is important to ensure timely reimbursement and continue service from TAP as food vendor for the Summer Food Service Program. Do not authorize the City Manager or his designee to execute the attached Agreement with TAP for the Summer Food Service Program. Cost to the City - Would be nothing, except that a program which provides needed nutritional meals for low income youth would be discontinued. 2. Funding - Would not be an issue. 3. Timing - Would not be an issue. City Council Report July 26, 1993 Page 3 Vo Recommendation It is recommended that City Council concur in Alternative A and accept the responsive bid and authorize the City Manaqer or his desiqnee to execute the attached vendor contract Aqreement between the City and Total Action Against Poverty for the Summer Food Service Program. Respectively submitted, W. Robert Herbert City Manager WRH/VLP/kdh cc: Acting Director of Finance City Attorney Director of Human Development FDETC Administrator OMB FORM APPROVED i'~O. OK::,.OB-OOOB SUMMER SECTION A FOOD SERVICE PROGRAM INVITATION FOR BID AND CONTRACT Food So.ice Progra'n (SFSP) euthor~ed by Saclion 13 of the U.S. Department of ,~0,4-W, WasMnglon. D.C. 20250: end to the Office of SPONSOR ~1 BiD OPENING NAME Cit~j/ Of P~Dat~o.l~-e IBC ISSUE DATE I BID N~JMBER Depazt~ne~t of ~ ~velo~C I ~y 5, 1993 , 93-5-4 DATE }~y 28, 1993 ADORESS (tnclude C~,y. StaIe. Zip Code) 215 Chuzch Avenue, Roanoke, VA 24011 TELEPHONE N~BER (703) 981-2520 CONTRACT DATES COMMENCEMENT 6 / 21 / 93 EXP~AnO~ 9/3/93 T F00 LOCAT)ON Office of General Services City of Roanoke, P~x~n 167 215 Church Ave., Roanoke, VA TOTAL ESTK~(ATED AMOUNT OF BO (To be inserted by BiO BONO PERCENTAGE P, EOU~ED (Sponsor shall ~nsert BOND PERCENTAGE REOU:REO (Stale agency Sha;I BIDDER S ~G ,",;a.~ (~n Total Action Ag,~ainst Poverty ~. %heodore J. Edlich, III STREET ADDRESS ()nduOe City. State. Zip CoCa) 145 West C~bell Avenue P~anoke, VA 24011 TITLE F-xecut ~ve Director TELEPHONE NUMBER 3ATE (703) 345-6781 ACCEPTANCE CONTRACT NUMBER SPONSO~ Department of Human Development ITITLE JDATE girecto~ of Huma~ Development FORM FN$-SII {4-S~ TABLE OF CONTENTS D. E. F. G. Schedule A: Schedule B: Schedule C: Schedule D: Invitation For Bid and Contract Face Sheet ............. 1 Certification of Independent Price Determination ....... 3 Instructions to Bidders ............................... 5 8 Scope of Services ..................................... Unit Price Schedule and Instructions .................. 9 General Conditions .................................... 13 17 General Provisions .................................... Sites ......................................... 22 23 Menu Cycle ..................................... USDA Required Meal Patterns .................... 24 Unit Price Schedule ............................. 27 ~SECTION B - CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (A)_ By submission of this offer, the offeror certifies and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement: (1) The prices in this offer have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other offeror or with any competitor; (2) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the offeror and will not knowingly be disclosed by the offeror prior to opening in the case of an advertised procurement, or prior to award in the case of a negotiated procurement, directly or indirectly to any other offeror or to any competitor; (3) No attempt has been made or will bemade by the offeror to induce any person or firm to submit or not to submit, an offer for the purpose of restricting competition. (B) Each person signing this offer certifies that: (1) He or she is the person in the offeror's organization responsible within that organization for the decision as to the prices being offered herein and that he or she has not participated, and will not participate, in any action contrary to (A) (1) through (A) (3) above; or (2) He or she is not the person in the offeror's. organization responsible within that organization for the decision as to the prices being offered herein, but that he or she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated and will not participate, in any action contrary to (A) (1) through (A) (3) above, and as their agent does hereby so certify; and he or she has not participated, and will not participate, in any action contrary to (A) (1) through (A) (3) above. Signature of vendor's authorize~ representative Title Date 3 In accepting this offer, the sponsor certifies that the sponsor's officers, employees or agents have not taken any action which may have jeopardized the independence of the offer referred to above. Signature of Authorized Sponsor Representative (Accepting a bidder's offer does not constitute acceptance of the contract) Note: Sponsor and Bidder shall execute this Certificate of Independent Price Determination. SECTION C - INSTRUCTIONS TO BIDDERS As used herein: (a) the term "bid" means the bidder's offer. (b) the term "bidder" means a food service management company submitting a bid in response to this invitation for bid. (c) the term ,,contractor" means a successful bidder who is awarded a contract by a Sponsor under the SFSP. (d) the term "food service management company" in this Invitation for Bid and Contract means any commercial enterprise or public or private nonprofit organization which contracts with a sponsor to manage any aspect of the food service,including vendors which contract with a Sponsor to prepare unitized meals with or without. milk or juice. (e) the term "invitation for bid", hereafter referred to as IFB, means'the document where the procurement is advertised. In the case of this Program, the IFB becomes the contract once both parties agree in writin~ to all terms and cbnditions of the IFB. (f) the term "Sponsor" means the Service Institution which issues this IFB. (g) the term "unitized meal" means an individual preportioned meal consisting of a combination of foods meeting the SFSP pattern requirements, delivered as a unit with or without milk or juice. The State agency may approve exceptions to the unitized meal such as separate hot and cold packs. Other terms shall have the meanings ascribed to them in the SFSP regulations (7 CFR Part 225). 2. Submission of Bids (a) Bidders are expected to examine carefully the specif~mtions, schedules, attachments, terms and conditions of this IFB. Failure to do so will be at the bidder's risk. (b) Bids must be executed and submitted in ~. If accepted, this IFB will become the contract, and one copy of the contract will be forwarded to the successful bidder with the notice of award. The copy marked "original" will be governing should there be a 5 variance between that copy of the bid and the other two copies submitted by the bidder. No changes in the specifications or general conditions are allowed. Erasures on all copies must be initiated by the bidder prior to submission. Failure to do so may result in rejection of the bid. (c) Bids over $100,000 shall include a bid bond in the amount of N/A% of bid price. (Sponsor shall insert appropriate percentage from 5% to 10%. Sponsor should also insert this percentage on the IFB/Contract Face Sheet). Bid bonds will be returned (a) to unsuccessful bidders as soon as practicable after the opening of bids and (b) to the successful bidder upon execution of such further Contractual documents and bonds as may be required by the bid as accepte~. The bid must be securely sealed in a suitable envelope, addressed to the office issuing the IFB and marked on the outside with the name of the bidder, bid number and date and time of opening. (d) A copy of a current State or local health certificate for the food preparation facilities shall be submitted with the bid. Failure to comply with any of the above shall be reason for rejection of the bid. 3. Explanation to Bidders Any explanation desired by a bidder regarding the meaning or interpretation of the IFB specifications, etc., must be requested in writing prior to bid opening and with sufficient time allowed for a reply to reach all bidders before bid opening. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective bidder concerning an IFB will be furnished to all prospective bidders as an amendment of the IFB, if such information is necessary to bidder~ in submitting bids on the IFB, or if the lack of such information would be prejudicial to uniformed bidders. 4. Acknow~dqement of Amendments to IFBs The sponsor must acknowledge receipt of an amendment to an IFB by a bidder by signing,and returning the amendment. Such acknowledgement must be receive prior to the hour and date specified for bid opening. 5. Bidders Having Interest in More Than Ohe Bid If more than one bid is submitted by any one person, by or in the name of a clerk, partner, or other person, all such bids shall be rejected. 6. Time for Receiving Bid~ Sealed bids shall be deposited at the Sponsor's address no later ~han the exact time and date indicated on the face of this IFB. Bids received prior to the time of opening will be securely kept, unopened. 7. Errors in Bids Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and spec~flcatlon before submitting bids; failure to do so will be at the bidder's own risk and relief cannot be secured on the plea of error. 8. Award of Contract (a) The contract will be awarded to that responsive and responsible bidder whose bid conforms to the IFB and will be most advantageous to the Sponsor, price and other factors considered. (b) The Sponsor reserves the right to reject any or all bids and to waive informalities and minor irregularities in bids received. (c) The Sponsor reserves the right to reject the bid of a bidder who previously failed.to perform properly, or complete on time, contracts of a similar nature, or the bid of a bidder who investigation shows is not in a position to perform the contract. (d) Sponsor reserves the right to accept any bid within 30 days from the date of bid opening. 9. Bidder ReGistration Bidders must be registered by the State in which the service is to be performed. Bids from bidders who are not registered as provided for in Section 225.6(gi of the regulations governing the SFSP will not be considered for award. The vendor shall attach a copy of the State's registration determination. 10. I~te Bids, Modification of Bids or Withdrawal of~Bids (a) Any bid reqeived after the exact time specified for receipt of bids will not be considered unless it is received before award is made, and it was sent by registered or certified mail not later than the fifth calendar day prior to the specified date (e.g., a bid submitted in response to an IFB requiring ~eceipt of bids by the 20th of the month must have been mailed by the 15th or earlier). - (b) Any modification or withdrawal of bid is subject to the same conditions as in (a) above, except that withdrawal of bids by telegram is authorized. A bid may also be withdrawn in person by a bidder or an authorized representative, provided identity is made known and he or she signs a receipt for the bid, but only if the withdrawal is made prior to the exact time set for receipt of bids. (c) The only acceptable evidence to establish the date of mailing of a late bid, modifications or withdrawal sent either by registered or certified mail is the U.S. Postal Service postmark on the wrapper or on the original receipt from the U.S. Postal Service. If neither postmark shows a legible date, the bid, modification or withdrawal shall be deemed to have been mailed late. (The term "postmark', means a printed, stamped, or otherwise placed impression that is readily identifiable without further action as having been supplied and affixed on the date of mailing by employees of the U.S. Postal Service). (d) Notwithstanding the above, a late modification of an otherwise successful bid which makes its terms more favorable to the Sponsor will be considered at any time it is received and may be accepted.. SECTION D - SCOPE OF SERVICES USDA regulations 7 CFR Part 225, entitled Summer Food Service Program is hereby incorporated by reference. Contractor agrees to deliver unitized meals * inclusi~f milk or juice to locations set out in Schedule A, attached hereto and made a part hereof, subject to the terms and conditions of this solicitation. Ce Ail meals furnished must meet or exceed USDA requirements set out in Schedule C, attached hereto and made a part hereof. Food Service Management Compan.ies may prepare unitized meals, with or without milk, for use in Summer Food Service Program. Contractor shall furnish meals as ordered by the Sponsor during the period of ** 6/14/93 to ** 9/3/93 . Meals are to be served *** $ days a week, as specified in Schedule A. Insert "inclusive" or "exclusive,, as a~plicable. Sponsor shall insert contract commencement date and expiration date. Sponsor shall insert appropriate number of serving days. 8 SECTION E 1. - UNIT PRICE SCHEDULE AND INSTRUCTIONS ~ are asked to submit prices on the following meal types except milk does not have to be included when meeting the contract specifications set forth in Schedule C in the estimated range of quantities to be delivered to all of the sites stated in schedule A. As an Example: USE SCHEDULE D CHART FOR CALCULATIONS Meal Type (A) (B) (C) (D) Estimated Range Estimated No. Unit Estimated of Servings of Serving Days Price Total (Meals) Per Day Per Range Per Meal Lunch (A) 3001 - over 5 $ .90 $13,500.00 2001 3000 5 .92 11,500.00 1001 - 2000 15 .96 21,600.00 500 - 1000 10 .98 7,350.00 Below 500 5 1.01 2,525.00 Estimated Total Lunch $56,475.00 Sponsor shall insert appropriate range Of meal servings based on historical data, if available. This shall be done for each meal type. The Sponsor may use discretion in choosing the number of ranges. The Sponsor should only choose the number of ranges which are appropriate for its meal servings. (B) Sponsor shall fill in number of operating days during~ the contract period anticipated for each range shown for each meal type. (C) Vendor shall insert appropriate unit prices for those ranges selected by the Sponsor. (D) Sponsor shall calculate estimated total. Evaluation of bids will be performed as follows: (a) Determine the midpoint of each range by adding the two figures and dividing by two. In the case of the highest and lowest ranges, use ~he base figure (i.e., 500 or 3000). (b) Multiply midpoint by estimated serving days of the range and multiply this product by the unit price for this range. The unit prices of each meal type which the bidder agrees to furnish must be written in ink or typed in the blank space provided and must include proper packaging as required in the specifications and delivery cost to the designated sites. Unit prices shall include taxes, but any charges or taxes which are required to be pai~ under future laws must be paid by the bidder at no additional charge to the Sponsor. 7. Meal Orders Sponsors will order meals on * Thursday of the week preceding the week of delivery; orders will placed for the total number of operating days in the succeeding week, and will include breakdown totals for each site and each type of meal. The Sponsor reserves the ri~t to increase or decrease the number of meals ordered on a ** hour notice, or less if mutually agreed upon between the parties to this contract. 8. Meal-Cycle Chanqe Procedure Meals will be delivered on a daily basis in accordance with the menu cycle which appears in Schedule B. Menu changes may be made only when agreed upon by both parties. When an emergency situation exists which might prevent the contractor from delivering a specified meal component, the Sponsor shall be notified immediately so substitutions can be agreed upon. The Sponsor reserves the right to suggest menu changes within the vendor's suggested food cost, periodically throughout the contract period. 9. NoncomDliance The Sponsor reserves the right to inspect and determine the quality of food delivered and reject any meals which do not comply with the requirements and specifications of the contract. The contractor will not be paid for unauthorized menu changes, incomplete meals, meals not delivered within the specified delivery time period, and meals rejected because they do not comply with the specifications. The Sponsor reserves the right to obtain meals from other sources, if meals are rejected due to any of the stated reasons. The contractor will be responsible for any excess cost, but will receive no adjustment in the event the meals are procured at lesser cost. The Sponsor or inspecting agency shall not~fy the contractor in writing as to the number of meals rejected and the reasons for rejection. * Insert mutually agreed day. ** Sponsor shall insert appropriate number. The SFSP regulations provide that statistical sampling methods may be used to disallow payment for meals which are not served in compliance with Program regulations. In the event that disallowances are made on the basis of statistical sampling, the Sponsor and the contractor will be notified in writing by the administering agency as to the number of meals disallowed, the reasons for disallowance, and the methodology of the statistical sampling procedures employed. ae Packaging: 1. Hot Meal Unit--Package suitable for maintaining meals in accordance with local health standards. Container and overlay should have an air-tight closure, be of non-toxic material, and be capable of withstanding temperatures of 400:(204sC) or higher. 2. Cold Meal Unit (or Unnecessary to Heat)--Container and overlay to be plastic or paper and non-toxic. 3. Cartons--Each carton to be labeled. Label to include: a. Processor's name and address (plant) b. Item identity, meal type c. Date of production d. Quantity of individual units per carton Meals shall be delivered with appropriate nonfood items: condiments, straws for milk, napkins, single service ware, etc. Sponsor shall insert the types of nonfood ite~ that ar9 necessary fo~ t~e meals to be eaten: napkins, single service war ~spoon) B. Food Preparation: Meals shall be prepared under properly controlled temperatures and assembled not more than 24 hours prior to delivery. C. Food Specifications: Bids are to be sub~iitted on the menu cycle included in Schedule B; and portions shall, as a minimum, be the quantities specified by USDA for each component of each meal, as included in Schedule C of this contract. All meals must meet the food specifications and quality standards as incorporated in the menu cycle (Schedule B). ~All meat and meat products, except sausage products, shall have been slaughtered, processed and manufactured in plants inspected under USDA approved inspection program and bear the appropriate seal. All meat and meat products must be sound, sanitary and free of objectionable odors or signs of deterioration on delivery. Milk and milk products are defined as "...pasteurized fluid types of flavored or unflavored whole milk,low-fat milk, skim milk or cultured buttermilk which meet State and local standards for such milk All milk should contain vitamins A and D at the levels specified by the Food and Drug Administration and consistent with State and local standards for such milk." Milk delivered hereunder shall confo=--m to these specifications. SECTION F - GENERAL CONDITIONS 1. Delivery Requirements Delivery will be made by the contractor to each site in accordance with the order from the Sponsor. Meals are to be delivered daily, unloaded, and placed in the designated location- by the contractor's personnel at each of the sites and times listed in Schedule A. Ce The contractor shall be responsible for delivery of all meals and/or dairy products at the specified time. Adequate refrigeration or heating shall be provided during delivery of all food to insure the wholesomeness of food at delivery, in accordance with State or local health codes. De The Sponsor reserves the right to add or delete food service sites by amendment of the initial list of approved sites in Schedule A, and make changes in the approved level for the maximum number of meals which may be served under the Program at each site (established under Section 225.6(d)(2) of the SFSP regulations). The Spons6r shall notify the contractor by providing an amendment to Schedule A, of all sites which are approved, cancelled, or terminated subsequent to acceptance of this contract, and~of any changes in the approved level of meal service for a site. Such amendments shall be provided within * 48 hours or less. 2. Supervision and Inspection The contractor shall provide management supervision at all times and maintain constant quality control * Insert mutually agreed upon number. inspections to check for portion size, appearance and packaging, in addition to the quality of products. Reco dkee in Delivery tickets must be prepared by the cpntractor at a minimum in three copies: one for the contractor, one for the site personnel and one for the Sponsor. Delivery tickets must be itemized to show the number of meals of each type delivered to each site. Designees of the Sponsor at each site will check adequacy of delivery and meals before signing the delivery ticket. Invoices shall be accepted by the Sponsor only if signed by Sponsor's designee at the site. The contractor shall maintain records supported by delivery tickets, invoices, receipts, purchase orders, production records for this contract, or other evidence for inspection and reference, to support payments and claims. The books and records of the contractor pertaining to this contract shall be available for a period of three years from the date of submission of the Sponsor's final claim for reimbursement, or until the final resolution of any audits, for inspection and audit by representatives of the State agency, representative of the U.S. Department of Agriculture, the Sponsor and the U.S. General Accounting office at any reasonable time and place. 4. Method of Payment The contractor shall submit its itemized invoices to the Sponsor , monthly in compliance with Section 225.6(h) (2) (iv) of the SFSP regulations. Each invoice shall give a detailed breakdown of the number of meals delivered at each site during the preceding period. The Sponsor shall calculate the average number of meals delivered each day for the applicable period. Payment will be made at the unit price sh6wn for that range. Each payment period will be calculated and paid for independent of other periods. No payment shall be made unless the required delivery receipts have been signed by the site representative of the Sponsor. Sponsor shall insert "weekly", "bi-weekly" or "monthly". The contractor shall be paid by the Sponsor for all meals delivered in accordance with this contract and SFSP regulations. However, neither the Department nor the State agency assumes any l~ability for payment of differences between the number of meals delivered by the contractor and the number of meals served by the Sponsor that are eligible for reimbursement. 5. InsDection of Facility The Sponsor, the State agency and USDA reserve the right to inspect the contractor's facilities for handling,storing without notice at any time during the contract period,including the right to be present during preparation and delivery of meals. The contractor's facilities shall be subject to periodic inspections by State and local health departments or any other agency designated to inspect meal quality for the State. This will be accomplished in accordance with USDA regulations. The contractor shall provide for meals which it prepares to be periodically inspected by the local health department or an independent agency to determin.~ bacterial levels in the meals being served. Such levels shall conform to the standards which are applied by the local health authority with respect to the level of bacteria which may be present in meals served by other establishments in the locality. 6. Per~o~-mance Bond Re~u~emeDt The successful bidder shall provide the Sponsor with a performance bond in the amount of ** N/A % of the contract. price. The bond shall be executed by the contractor and a licensed surety company listed in the current Department of Treasury circular 570. The bond shall be furnished not later that ten days following award of the contract. 7. Insurance (State agencies will furnish Sponsors their State insurance requirements to insert herein). 8. Availability of Fupds The Sponsor reserves the right to cancel this contract if the Federal funding to support the SFSP is withdraw~. It is further understood that, in the event of cancellation of the contract, the Sponsor shall be responsible for meals'that have already been assembled and delivered in accordance with this contract. Insert percentage required by the State, but not less than 10% of the Contract price and not mroe than 25%. 9. Number of Meals and Delivery Times The contractor must provide exactly the number of meals ordered. C6unts of meals will be made by the Sponsor at all sites before meals are accepted. Damaged or incomplete meals will not be Included when the number of delivered meals is determined. In the event of unforeseen emergency circumstances, the contractor shall immediately notify the Sponsor by telephone or telegraph of the following: (1) the impossibility of on-time delivery; (2) the circumstance(s) precluding delivery; and (3) a statement of whether or not succeeding deliveries will be affected. No payments will be made for deliveries made later than * 1/2 hours after specified meal time. ' Emergency circumstances at the site precluding utilization of meals are the concern of the Sponsor. The Sponsor may cancel orders provided it gives the contractor at least ** &8 hours notice or less if mutually agreed upon between the parties to this contract. Adjustments for emergency situations affecting the contractor's ability to deliver meals, or Sponsor's ability to utilize meals, for periods longer than 24 hours will be mutually worked out between the contractor and Sponsor. 11. A. The Sponsor reserves the right to terminate this contract if the contractor fails to comply with any of the requirements of this contract. The Sponsor shall notify the contractor and surety company, if applicable, of specific instances of noncompliance in writing. In instances where the contractor has been notified of noncompliance with the terms of the contract and has not taken immediate corrective action, the Sponsor shall have the right, upon written notice, of the immediate termihation of the contract and the contractor or surety company, if applicable, shall be liable for any damages incurred by the Sponsor. The Sponsor shall process a reprocurement action on a competitive basis to arrive at a fair and reasonable price, if the food service management company was not requi~ed to be bonded in accordance with Section 225.15(g) (6) and 225.15(g) (7) of the requlations. Sponsor shall set time in accordance with State agency instructions. Insert same number as in Seotion F-1.D. on page-13. C, The Sponsor may, by written notice to the contractor, terminate the right of the contractor to proceed under this contract, if it is found by the Sponsor that gratuities in the form of entertainment, gifts or otherwise were offered or given by the contractor to 'any officer or employee of the Sponsor with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending of the contract; provided that the existence of the facts upon which the Sponsor makes such findings shall be in issue and may be reviewed in any competent court. In the event this contract is terminated as provided in paragraph (b) hereof, the Sponsor shall be entitled (i) to pursue the same remedies against the contractor as it could pursue in the event of a breach of the contract by the contractor, and (ii) as a penalty in addition to any other damages in an amount which shall not be less than three nor more than ten times the costs incurred by the contractor in providing any such gratuities to any such officer of employee. The rights and remedies of the Sponsor provided in this clause shall not be exclusiv'e and are in addition to any other rights and remedies provided by law or under this contract. 12. subcontracts and Assi~nment~ The contractor shall not subcontract for the total meal, or for the assembly of the meal; and shall not assign, without the advance written consent of the Sponsor, this contract or any interest therein. In the event Of any assignment, the contractor shall remain liable to the Sponsor as principal for the performance of all obligations under this contract. SECTION G - GENERAL PROVISIONS Ec~al OmDortunitv (The following clause is applicable unless this contract is exempt under the rules, regulations, and relevant orders of the Secretary of Labor (41 CFR ch. 60)). During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee~or applicant for employment because of race, color, religion, sex, handicap, age, or national Origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees (c) (d) are treated during employment without regard to their race, color, religion, sex, handicap, age, or national origin, such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting officer setting forth the provisions of this Equal Opportunity clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, handicap, age, or national origin. The contractor will send to each labor union or representative of workers with which there is a collective bargaining agreement or other contract of understanding, a notice, to be provided by the agency's Contracting officer, advising the labor union or workers' representative of the contractor's commitments under this Equal Opportunity clause, and shall post copies of the notiqe in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, and of the rules, regulations and relevant orders of · the Secretary of Labor. (e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965,as amended by Executive Order 11375 of October 13, 1967,and by the rules, ~egulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations, and orders. (f) In the ~vent of the contractor's noncompliance with the Equal Opportunity clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole o~ in part, and the contractor may be declared ineligible for further Government contracts in 'accordance with Procedures authorized in Executive Order No. 11246 of September 24, 1965,as amended by 18 (g) Executive Order 11375 of October 13, 1967, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965,as amended by Executive Order 11375 of October 13, 1967, or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the provisions of paragraph (a) through (g) in every subcontract or purchase order unless exempted by rules, regulation , or orders of the secretary of Labor issued pursuant to section 204 of · e Executlv Order No. 11246 of September 24, 1965,as amended by Executive Order 11375 of October 13, 1967, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect'the interests of the United States. Clean Air and Water (Applicable only if the cont~a~t ~xceeds $100,000 or the Contracting officer has determine that the orders under an indefinite quantity contract in any one year will exceed $100,000, or facility to be used has been the subject of a conviction under the Clean Air Act (42 USC 1857c-8(c) (1)) or the Federal Water Pollution Control Act (33 USC 1319(c)) and is listed by EPA, or the contract is not otherwise exempt.) (a) The contractor agrees as follows: (1) To comply with all the requirements of section 114 of the Clean Air Aot, as amended (42 USC 1857, et seq., as amended by Public Law 91-604) and section 308 of the Federal Water Pollution Control Act (33 USC 1251, et. seq., as amended by Public Law 92- 500), respectively, relating to inspection, monitoring, entry, reports and information as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued hereunder before the award of this contract. (2) That no portion of the work required by this contract will be performed in a facility listed on the Environmental Protection Agency List of 19 (b) Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such (3) To use best efforts to comply with clean air standards and clean water standards at the facilities in which the contract is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt subcontract, including this paragraph (a) (4). The terms used in this clause have the following meanings: (1) The term "Air Act" means the Clean Air Act of 1970, as amended (42 USC 1857 et seq., as amended by Public Law 91-604). (2) The term "Water Act" means the Federal Water Pollution Control Act, as amended (33 USC 1251 seq., as amended by Public Law 92-500). et (3) The term "Clean Air Standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or other%;ise adopted pursuant to the Air Act of Executive Order 11738, an applicable implementation plan as described in Section llO(d) of the Clean Air Act (42 USC 1857c- 5(d)), an approved implementation procedure or plan under section lll(c) or section lll(d), respectively, of the Air Act (42 USC 1857c- 6(c) (d)), or an approved implementation procedure under Section 112 .(d) of the Air Act (42 USC 1857c-7(d)). (4) (5) The term "Clean Water Standards" means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is promulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection. Agency or by~a State under an approved program, as authorized by Section 402 of the Water Act (33 USC 1342) or by local government to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (33 USC 1317). The term "compliance" means compliance with clean ai~ or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the 2O Environmental Protection Agency or an Air or Water Pollution Control Agency in accordance with the requirements of the Air Act or Water Act and regulations issued pursuant thereto. (6) The term "facility" means any building, plant, installation, structure, mine, vessel, or other floating craft, location or sites of operations, owned, leased or supervised by a contractor or subcontractor to be utilized in the performance of a contract or subcontracts. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are co-located in one geographical area. Clean Air and Water Certification (Applicable if bid or offer exceeds $100,000 or the Contracting Officer has deter~ined that orders under an indefinite quantity contract in any year will exceed $100,000 or a facility to be used has been the subject of a conviction under the Clear Air Act (42 USC 1857c-8(c) (1)) or the Federal Water Pollution Control Act (33 USC 1319(c)) and is listed by EPA, or is not otherwise exempt.) The bidder certifies as follows: ae Any facility to be utilized in the performance of this proposed contract has (), has not () been listed on the Environmental Protection Agency (EPA) List of Violating Facilities. The Contracting Officer will promptly be notified prior to award, of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection Agency, indicating that any facility which is proposed to be used for the performance of the contract is under consideration for listing on the EPA List 6f Violating Facilities. This certification, including this paragraph (C), will be substantially included in every nonexempt subcontract. SPECIAL PROVISIONS It is understood that the City of Roanoke or agent will only provide reimbursement to the contractor for those meals delivered for which the City is eligible for reimbursement from the U.S. Department of Agriculture. (See page 15, 1st paragraph; Section F, ~4). "HOLD HARMLESS" CLAUSE The Contractor shall indemnify, reimburse, hold and save the City of Roanoke harmless from all charges, damages or costs that the City may be required to pay or otherwise sustain by reason of any agreements between the said Contractor and the City, and by reason of any person, firm or corporation being injured or damaged in any way in person or property by reason of any agreements between the said Contractor and the City, and in the event that suit or proceeding shall be brought against the City, either independently or jointly with the said Contractor, then in the event the said Contractor will pay such judgement or comply with the decree with all costs and hold the City harmless therefrom. The Contractor shall insure its liability by providing a public liability insurance contract issued by a company licensed to do business in the State of Virginia and countersigned by a resident agent in Virginia, of not less than $100,000 to cover the injury to or death of one person in any one occurrence and not less than $300,000 to cover the injury or death of more that one person in any occurrence together with property damage coverage of no less that $50,000 under the contract. The City shall be named as an additional insured. Premiums chargeable for the insurance shall be paid by the Contractor and it shall be kept in force during the term of this contract. It shall contain a provision that it shall not be cancelled or terminated or otherwise allowed to expire until after at least sixty (60) days written notice to that effect is given to the City. The insurance contract shall be approved by the City~ It is understood that the award of a contract is contingent upon USDA approval of the SFSP grant application made by the City of Roanoke. 2la SCHEDULE B - SUM/~ER FOOD SERVICE PROGRA}f ELEVEN DAY MENU CYCLE * Sponsor shall attach a menu cycle for each site. .8 SCHEDULE C SUM/~ER FOOD SERVICE PROGRAM USDA REQUIRED MEAL PATTERNS The meal requirements for the Program are designed to provide nutritious and well-balanced meals to each child. Except as otherwise provided in Section 225.16 (b) of the SFSP regulations, the following table presents the minimum requirements for meals served to children in the Program. BREAKFAST Milk 1 cup Fluid Milk (1/2 pint) Vsqstables and Fruits Vegetables and/or fruits or full-strength vegetable or fruit juice, (Or an equivalent quantity of any combination of vegetables, fruits, and juice) 1/2 cup 1/2 cup Bread and Bread Alternates Bread (whole-grain or enriched) or i slice Bread Alternates (whole-grain or enriched): cornbread, biscuits, rolls, muffins, etc. or cooked pasta or noodle products or cooked cereal grains, such as rice, corn grits, or bulgur or (whole-grain,'enriched, or fortified): cooked cereal or cereal grains or cold dry cereal (or an equivalent quantity of a combination of 'bread or bread alternates) 1 serving 1/2 cup 1/2 cup 1/2 cup 3/4 cup or i ounce (whichever is less) (Optional) Serve as oftsn as possible: Meat and Meat al~rnates (See lists under Lunch, or Supper) I ounce 24 SN~CK (Supplemental Food) Choose two items from the following four components: Meat and Meat Alternates Lean meat or poultry or fish or ~ ounoe (edible portion as served) Meat Alternates: cheese or egg or cooked dry beans or peas or peanut butter or other nut or seed butters or nuts and/or seeds or yogurt (plain, sweetened, or flavored) (Or an equivalent quantity of any combination of meat or meat alternates) 1 ounce 1 large 1/4 cup 2 tablespoons 1 ounce 4 ounces VeGetables and Fruits Vegetables and/or fruits or full-strength vegetable or fruit juice (Or an equivalent quantity of any combination of vegetables, fruits, and juice) Juices cannot be served with milk 3/4 cup 3/4 cup Bread and Bread Alternates Bread (whole-grain or enriched) or Bread Alternates (whole-grain or enriched): cornbread,biscuits,rolls,muffins, etc. or cooked pasta or noodle products o~ cooked cereal grains, such as rice, corn grits, or bulgur or ~ (whole-grain, enriched, or fortified): cooked cereal or cereal grains or cold dry cereal (Or an equivalent quantity of a combination of bread or bread alternates) MILK , Fluid Milk slice 1 serving 1/2 cup 1/2 cup 1/2 cup 3/4 cup or i ounce (whichever is less) I cup (1/2 pint) 25 L~NCH or 8UPPER Fluid Milk 1 cup (1/2 pint) Meat and Meat Alternates Lean meat or poultry or fish or 2 ounces (edible portion as served) Meat Alternates: cheese or egg or cooked dry beans or peas peanut butter or other nut or seed butters or nuts and/or seeds (Or an equivalent quantity of any combination of meat or meat alternates) 2 ounces 1 large 1/2 cup 4 tablespoons 1 ounce = 50%* Veqetables and Fruits Vegetables and/or fruits (2 or more selections for a total of 3/4 cup) or full-strength vegetable or fruit juice (Or an equivalent quantity of any combination of Qegetables, fruits, and juice) Juice may not be counted to meet more than 1/2 of this requirement. 3/4 cup 3/4 cup Bread and Bread Alternates Bread (whole-grain or enriched) or Bread Alternates (whole grain or enriched): cornbread, biscuits, rolls, muffins, etc. or cooked pasta or noodle products or cooked cereal grains, such as rice, corn grits, or bulgur (Or an equivalent quantity of a combination of bread or bread alternates) 1 slice 1 serving 1/2 cup 1/2 cup * No more than one-half of the reqOirement shall be met with nuts or seeds. Nuts or seeds shall be combined with another meat/meat alternate to fulfill the requirement. NOTE: The serving sizes of food specified in the meal patterns are minimum amounts. If the administering agency approves the sponsor to serve smaller portion sizes to children under 6 years, the sponsor must m~et the meal patterns specified in the Child Care Food Program (CCFP) regulations. You can obtain copies of these regulations from your State agency. Children over 6 years old may be served Larger portions, but not Less than the minimum requirements specified in the Summer Food Service Program regulations. Remember that you do not receive reimbursement for meals that do not meet the minimum program requirements. 26 JLI ,, ,, ESTIMATED RANGE ESTIMATED NUMBi~ UNIT ESTIMAI~u MEAL TYPE OF SERVINGS OF SERVING DAYS PRICE TOTAL (MEALS) PER DAY PER RANGE PER MEAL 50 ~ Over ~2 1.849 22,151.02 Breakfast ESTIMATED TOTAL $ 22,151.02 100 & Over 51 1.991 10,O82.39 Lunch ESTIMATED TOTAL $ 110,082.39 ESTIMATED TOTAL $ ~STIMATED TOTAL ~ FORM FN$-III 27 The Honorable Mayor and Members of city Council Roanoke, Virginia Roanoke, Virginia July 26, 1993 Dear Members of Council: Subject: Continuation of office on Youth Grant I. ~ A. Grant first officially awarded to city under Virginia Delinquency Prevention and Youth Act on June 17,1980. B. FY 93-94 youth arant aDlication was submitted to the Department of Youth and Family Services in May, 1993. C. Grant will provide for continuation of coordinated planning and program implementation of the office on Youth. D. FY 93-94 arant budget is as follows: Budget State Local cash Cateaorv Funds Match In-Kind TOTAL Personnel 36,073.50 8,825.87 -0- 44,899.37 Training & Development Supplies/ Oper. Exp. TOTiIL 1,243.25 500.00 -0- 1,743.25 602.25 4,010.00 3,7~0.00 37,919.00 13~335.87 3,750.00 8,362.25 $55,004.87 Local cash match ws included in the FY 93-94 Transfer to the Grant Fund(il,800) with any additional funding necessary to be identified at the time of Council approval of the grant. In-kind match of $3.750.00 is available through the use of office space rental and computer usage from Grants Compliance office. G. Local match, cash/in-kind must equal a minimum of 25% of the total budget request. Members of Council Page 2 July 26,1993 II. Current Situation: Council acceptance of the state grant award and appropiation of the local cash match are required before the appropriate City officials can execute the required documents to receive the state funds. III. Issues: IV. A. Cost. C. Staff. Alte nativ : A. Authorize the City Manaaer or his designee to execute the appropriate document to accept the state grant. Cost (local) of Office on Youth in FY 93-94 is 17.085.87 of which $11.800.00 has been appropriated in the FY 93-94 budget. Additional cash match of $1535.87 is available in the Contingency Reserve Account. In-kind match of $3,750.00 is through the use of office space and usage of computer equipment from office of Grants Compliance. 2. CQntinuitv of program would be maintained. Staff, consisting of Youth Services Planner, will continue under the direction of the Director of Human Development. Be DQ not authorize the City Manaaer to accept the state grant. 1. Cost would not be an issue at this time. 2. ~would be questionable. Staff, consisting of Youth Services Planner and the services provided, would be contingent upon the availability of another funding source. Members of Council Page 3 July 26, 1993 V. Recommendation: It is recommended that City Council adopt Altern_____ativeA which will authorize the following: A. Acceptance of the Department of Youth Services Grant the execution of the proper torm by the city Manager or his designee. Appropriate $51.254.87 to account to be established in the Grant Fund by the Acting Director of Finance for the program ($37,919.00 will be funded by the Department of Youth and Family Services). In-kind match does not require an appropriation. Ce Transfer $11.800.00 from account no. 001-004-9310-9535 to the Grant Fund and $1.535.87 from the Contingency Reserve Account no. 001-002-9410-2199 to the Grant Fund as part of the City's cash match to operate the program for FY 93-94. Respectfully submitted, W. Robert Herbert City Manager I MV C l mm co: City Attorney Director of Finance Director of Human Development Youth Planner Manager, Management and Budget MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #70-236-472 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31601-072693 accepting an offer made to the City by the Department of Fire Programs of the Commonwealth of Virginia, in the amount of $93,592.17, as more particularly set forth in a report of the City Manager under date of July 26, 1993, pursuant to all terms, provisions and conditions relating to the receipt of such funds. Resolution No. 31601-072693 was adopted by the Council of the City of Roanoke at a regular meeting held on July 26, 1993. Sincerely, 9~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance George C. Snead, Jr., Director, Public Safety Rawleigh W. Quarles, Fire Chief Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, General Services Marie T. Pontius, Grants Monitoring Administrator Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1993. No. 31601-072693. A RESOLUTION accepting a certain Fire Program Fund Grant offer made to the City by the Department of Fire Programs of the Commonwealth of Virginia and authorizing execution of any required documentation on behalf of the City. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as The City of Roanoke does hereby accept the offer made to the City by the Department of Fire Programs of the Commonwealth of Virginia of a grant in the amount of $93,592.17, such grant being more particularly described in the report of the City Manager, dated July 26, 1993, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager is hereby authorized to execute, on behalf of the City, any documentation required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Commonwealth. ATTEST: City Clerk. Roanoke, Virginia July 26, 1993 Honorable David A. Bowers, Mayor and Members of city Council Roanoke, Virginia Dear Members of Council: Subject: Fire Program Fund I. Backaround ae Be Fire ProGram Fund was establisMed by the General Assembly effective October 4, 1985, pursuant to Section 38.1-44.1 of the Code of Virginia. The sunset clause requiring expiration of this fund July 1, 1990 has now been removed; thus, the city's annual allotment of state funds will continue indefinitely. Revenue to support this program are derived from a 0.8% surcharge on all fire insurance premiums collected throughout the Commonwealth. ProGram Guidelines require that funds received are to be non-su lant'n and must be used in accordance with the provisions established by the State Department of Fire Programs. Funds provided by this program.may be used for the following: ¥i~e service training - the fire department may use money received to purchase equipment for training programs, employment of outside instruction and tuition reimbursement of approved training. ReGional fire service training facilities - funds may be used to construct, improve and expand regional fire service training facilities. e F~FefiGhtinG eGuiDment;ADDaratus - funds may be used to purchase fire apparatus, specialized response vehicles, fire hose, forcible entry tools, ladders, and radio equipment. Members of Council Subject: Fire Program Fund Page 2 4e Personal protective clothina - funds may be used to purchase helmets, eye protection, protective hoods, boots, coats, pants and gloves. Prohibited uses of funds are as follows: Construction. imDrovina and exDandin~ any training facilities other than Regional Fire Service Training Facilities. Firefi~htin~ e~uiDment other than that equipment and appurtenances attached thereto required and used at the scene of a fire to deliver water or other extinguishing agents on the fire, remove smoke and gases, protect property from smoke and water damage and assure the fire is extinguished. Personal protective clothina that does not meet, at a minimum, the National Fire Protection Association Standards in effect at the time the purchase is made. ~unds ~ to the counties, cities and towns pursuant to this subsection shall not be used directly or indirectly to supplant or replace any other funds appropriated by the counties, cities and towns for fire service operations. Such funds shall be used solely for the purposes of fire service training, constructing, improving and expanding regional fire service training facilities, purchasing fire-fighting equipment or purchasing protective clothing and protecting equipment for fire-fighting personnel. (Code Of Virginia Section 38.2-126 Sub-paragraph B.) F. Local cash match is not required. II. Current Situation: City's allotment of funds ($93,592.17) was electronically transferred to the city Treasurer on June 30, 1993. These funds were deposited in account #035-035-1234-7139. Members of Council Subject: Fire Program Fund Page 3 city CouDcil action is needed to formally accept add appropriate these funds. Authorize the Director of Finance to establish revenue estimates and appropriation accounts in the Grants Program Fund to purchase equipment and supplies in accor- dance with provisions of this program as follows: 2e Fire Suppression Protective EauiDment - $73.592.17. To purchase approved fire suppression protective equipment. (Turnout Gear, Self Contained Breathing Apparatus and Rope Rescue Equipment) Trainina and Development $8.300.00. To purchase training films, books and manuals to be used in the department's training program and to provide training, education and development for personnel. Safety features for stations - $3.000.00. To purchase first aid kits for stations and vehicles, safety program sun visors. Recruitment and Development - $8.700.00. To start a Cadet Training Academy for the new recruitment program. III · Issues in order of importance are: A. Need. B. Funds availability. IV. A t' · City Council accept funds from the State Department of Fire Programs and appropriate them to expenditure accounts for the procurement of materials and equipment for training and development and fire suppression equipment. 1. Need exists to purchase training aids, and fire suppression equipment. Members of Council Subject: Fire Program Fund Page 4 2. Fund availability would be met by accepting the Fire Programs Fund allotment. Do not accept the City's allotment from the State Department of Fire Programs. 1. Nee~ exists to purchase training aids, and fire suppression equipment. 2. Additional funds would not be obtainable through the Fire Programs Fund. Ve Recommendation: City Council adopt Alternative "A" which will authorize the following actions: Acceptance of the arant award by the City Manager and Appropriate $93.592.~7, with a corresponding revenue estimate, to accounts to be established by the Acting Director of Finance. WRH/RWQ/gj cc: City Attorney Director of Finance Director of Public Safety Fire Chief Respectfully submitted, W. Robert Herbert city Manager MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #192-346-472-497 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31603-072693 authorizing purchase of hockey equipment for the Roanoke Civic Center from Strut Specialties, Inc., in the amount of $35,000.00, upon certain terms and conditions. Resolution No. 31603-072693was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 26, 1993. Sincerely, ~4~-~- Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: George Lowing, Sales Representative, Strut Specialties, 2982 N. Cleveland Avenue, Roseville, Minnesota 55113 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Kit B. Kiser, Director, Utilities and Operations Bobby E. Chapman, Manager, Civic Center Facilities D. Darwin Roupe, Manager, General Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th day of July, 1993. No. 31603-072693. A RESOLUTION authorizing the purchase of hockey equipment for the Roanoke Civic Center 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 certain hockey equipment at a cost of $35,000.00 from Strut Specialties, Inc., said vendor being the only source practicably available for this equipment as more particularly set forth in the report to this Council dated July 26, 1993, from the City Manager. ATTEST: City Clerk. Roanoke, Virginia July 26, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Purchase of Safety Related Center Hockey Program Equipment for Civic I. Backaround: ae Professional hockey will return to the Roanoke civic Center Coliseum for regular season games during the 1993-94 hockey season. Roanoke civic Center Coliseum has not been a host facility for regular hockey games since the 1975-76 season. Present hockey eauiDment is twenty-two years old and is in need of refurbishment of the dasher boards and replacement of all protective shields, vertical supports, goals and floor covering. Detail of items needed and their cost are shown on Attachment "A". II. Current Situation: Rules Dertainin~ to the heiaht of the protective shields above the dasher boards have changed since we were a host facility. East Coast Hockey Leaque now requires the protective shields to be five feet in height on the sides and eight feet in height on the ends. Current vertical supports will not support the protective shields with heights of 5' and 8.' D. New protective shields and vertical supports must match existing dasher boards. Research has determined these III. IV. items to be available from Strut Specialties, Inc. in Roseville, MN. Ee Sole Source Proqram- The items requested to provide necessary support to the Civic Center hockey program have been determined to be practicably available from only one source. This exception to competitive bidding is allowed under Section 23.1-6(a) of the Code of the City of Roanoke. Issues: A. Competitive Procurement B. Need C. Timing D. Funding Alternatives: A. Authorize the City Manager to purchase protective shields and vertical supports from Strut Specialties, Inc. to match existing hockey dasher boards. Competitive procurement - Strut Specialties, Inc. is the only source practicably available to purchase the needed equipment to match existing dasher boards. Need Requested items are necessary to meet the East Coast Hockey League standards and replace current deteriorated equipment. 3. Timing is critical to ensure the facility's readiness for the start of the hockey season in October, 1993. Funding - Funds totaling $35,000 are available in Civic Center Retained Earnings Account for purchase of the following shown on Attachment "A". Do not authorize the City Manager to purchase protective shields and vertical supports from Strut Specialties, Inc. to match existing hockey dasher boards. 1. Competitive procurement would not be an issue. Need The proper working and necessary equipment needed to provide for hockey events at the Civic Center would not be addressed. 3. Timinq would become a problem. WRH:vn 4. Fundinq - Available funds would not be expended. Recommendation is that City Council take the following action: A. ~the City Manager to purchase protective shields and vertical supports from Strut Specialties, Inc. to match existing dasher boards. ~ $35,000.00 from Civic Center's retained earnings to Account 005-056-8600-9015 to purchase these items. Respectfully submitted, W. Robert Herbert City Manager ATTACHHENT A SAFETY RELATED EQUIPMENT FOR CIVIC CENTER HOCKEY PROGRAH 234 lineal feet of 1/2" X 8"0" high acrylic for ends and radius corners of rink 198 lineal feet of 1/2"x5'0" high acrylic for sides of rink. 21 two-way supports at studs 7'6" high 18 two-way supports, intermediate 7'6" high 26 one-way supports at studs 7'6" high 22 two-way supports at studs 4'10" high 18 two-way supports, intermediate 4'10" high 8 one-way supports at studs 4'10" high 176 lineal feet of straight aluminum "C" channel for radius corners 2 hockey goals with netting and pads, per NHL specifications Cable supports with eye bolts Suction cup lifters Kick-plate with painted screws (pre-drilled) 12,768.00 6,835.00 2,008.00 1,831.00 2,463.00 1,618.00 1,377.00 552.00 554.00 1,600.00 698.00 130.00 2,566.00 Total $35,000.00 MARY F. PARKER City Clerk. CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #262-347-467-472 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31604-072693 providing for purchase of telephone equipment currently leased from Atlantic Telephone and Telegraph (AT&T), by the City ov the Roanoke City School Board, with the exception of Partner, Merlin and Legend systems, in the amount of $199,000.00, upon certain terms and conditions. Resolution No. 31604-072693 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 26, 1993. r-"~ a..c~ dSincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Bob Boehling, Account Executive, AT&T, 1316 Plantation Road, N. E., Roanoke, Virginia 24012 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance George C. Snead, Jr., Director, Public Safety Robert J. Agnor, Manager, Communications IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1993. No. 31604-072693. A RESOLUTION providing for the purchase of telephone equipment for use by the City, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The offer from Atlantic Telephone and Telegraph (AT&T) to sell to the City all telephone equipment, including but not limited to telephones, intercom units, and ancillary equipment, currently leased from AT&T by the City or the Roanoke City School Board, except for Partner, Merlin and Legend systems, for the total cost of $199,000.00, is hereby ACCEPTED. AT&T shall also provide, without charge to the City, maintenance of such equipment for a period of three (3) months. 2. The City's Manager of General Services is authorized to issue the requisite purchase order for such equipment, and the City Manager is authorized to execute, on behalf of the City, any documentation, approved as to form by the City Attorney, which may be necessary or appropriate to accomplish such purchase. ATTEST: City Clerk. Ju~ ~2'6 ," 1993 The Honorable David A. Bowers and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Briefing on Buy Out of AT&T Telephone Equipment We have been looking very closely at our communications operating expenses, and see the opportunity to save costs and improve service. We currently pay AT&T $312,000 per year to lease all of our telephone sets and related equipment. This cost provides for the use and repair of their equipment. We would like to end this expensive arrangement, and pay for maintenance only on an as- needed basis. The telephone equipment we have has been configured City wide to meet the government needs. Each phone is wired to ring at desired locations, and interconnect with other phones. The supporting equipment (such as switches) which "Drives" the phones has also been ordered over the years and engineered to meet the City's needs. To change out all of this equipment would significantly disrupt government functions and would require months of labor. Attached is a Council report which requests your approval to purchase all installed AT&T equipment as a sole source procurement. We will benefit by only ordering maintenance when needed. The purchase price can be accommodated within this year's budget. Respectfully, W. Robert Herbert City Manager WRH/RJA/hw '93 22 · ~Roanoke, Virginia 26, 1993 The Honorable David A. Bowers and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Proposal to reduce the City Communications costs by buying out leased equipment I. BACKGROUND: Currently the City leases all telephone equipment (desk phones, intercom units, etc.) used by the City and Schools from AT&T for $312~000 per year. These costs essentially represent an expensive insurance policy to cover maintenance. Modernization of telephones currently occurs in the Schools and operating departments only as funding is available in the operating budgets. II. CURRENT SITUATION: Ail telephone problems are reported to the Com/nunications Department. This Department arranges repairs with AT&T. The City advised AT&T of desire to terminate leasing arrangement by purchasing equipment. Competitive wholesale prices from third-party vendors were provided to AT&T which were lower than AT&T's prices. AT&T agreed to a buy out price which reflects wholesale prices for telephones and reduced prices for unique AT&T ancillary equipment. The total buy out cost of $199~000 can be accommodated within this year's operating budget due to the elimination of equipment lease costs averaging $26~000 per month. The buy out price includes three months of maintenance provided by AT&T. The Honorable David A. Bowers and Members of City Council Page 2 July 26, 1993 Continued leasing does not permit freeing up of investment dollars to update communications systems. School telephones are in particular need of updating. III. ISSUES: A. System Service B. Sole Source Procurement C. Funding IV. ALTERNATIVES: City Council approve the expenditure of a portion of funds currently budgeted for telephone equipment and services to buy out all in-place City and Schools telephone equipment for $199,000. System Service will be improved with same day service on repairs, resulting in reduced down time. This will be possible through use of multiple repair providers, including private contractors, re-use of equipment, as it is replaced, and employment of existing staff for simple repairs. Repair dollars only will be spent on an as-needed basis. Capital will be available to purchase new, more reliable equipment as the existing system ages. Sole Source Procurement purchase of installed equipment is the only practicable source. The City telephone system has been engineered over the years to meet the specific needs of City government offices. To remove the existing leased equipment to make way for new equipment would cause severe disruption of City government functions. Every individual phone set has been configured to meet required interconnecting, ringing, and lighting requirements. Replacement phones would have to be similarly configured, require extensive labor, and such effort would significantly detract from government operational efficiency. The Honorable David A. Bowers and Members of City Council Page 3 July 26, 1993 C · Ancillary equipment such as switches, interconnects, etc., meet the City telephone system requirements. There does not exist a one-for-one replacement of this unique equipment. Change out of all equipment would require retraining of all City employees as well as changes in the administrative services and operation of the system. Purchase of all currently installed equipment, leased from AT&T, is the only practicable source for telephone equipment at this time. Funding is currently available in the 93/94 budget to cover the purchase of this equipment. City Council direct continuance of leasing agreement. 1. System Service will continue at present level. Sole Source Procurement not at issue with this Alternative. Funding - budgets in following years will be strained due to increasing costs. V. RECOMMENDATION: City Council concur with Alternative "A". Buy existing leased equipment using currently budgeted lease dollars. Respectfully submitted, W. Robert Herbert City Manager WRH/RJA/hw CC: City Attorney Director of Finance Director of Public Safety Manager of Communications MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #2-28-68-166 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31605-072693 approving an Environmental Policy Relating to the Acquisition of Real Property which is a balanced policy, attempting to protect the City from environmental risks and liabilities associated with property acquisition without prejudicing the ability of the City to carry out projects needed to advance the health, welfare and safety of its citizens and the orderly development of the City. Resolution No. 31605-072693 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 26, 1993. Sincerely, ~gl.~.~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of July, 1993. No. 31605-072693. VIRGINIA, A RESOLUTION approving an Environmental Policy Relating to the Acquisition of Real Property recommended by the City Manager's report of July 26, 1993, to this Council. WHEREAS, in the acquisition of any interest in real property, any grantee, including the City of Roanoke, is exposed to enormous liability under federal environmental laws; WHEREAS, under this circumstance, it is prudent for the City to acquire real property pursuant to a policy designed to protect the City from environmental liability; WHEREAS, the Environmental Policy Relating to the Acquisition of Real Property ("Environmental Policy"), recommended by the City Manager's report of July 26, 1993, and attached to such report, is a balanced policy, attempting to protect the City from environmental risks and liabilities associated with property acquisition without prejudicing the ability of the City to carry out projects needed to advance the health, welfare and safety of its citizens and the orderly development of the City; and WHEREAS, this Council is desirous of approving and endorsing the Environmental Policy; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Environmental Policy recommended by the City Manager is hereby approved and endorsed by this Council and shall be adhered to by all officers and employees of the City in the acquisition of real property for or on behalf of the City. ATTEST: City Clerk. Roanoke, Virginia July 26, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Property Acquisition - Environmental Audits I. Backqround: Property acquisition for the purpose of this document includes any property interest, e.g. fee simple, easements, rights-of-way, leasehold interests, etc. Types of real property transactions typically engaged in by the City are: 1. Lessee of Property 2. Lessor of Property Right of Entry for inspection, survey, and/or construction Easement on property on which another easement is already owned Easement on property on which no other interest is already owned Easements needed for which the City has an option as to whether or not to proceed Easements needed for which the City has no practical option as to whether or not to proceed Easements in anticipation of land disturbance or excavation Easements in anticipation of a right-of-way or above surface clearing only with no or minimal land disturbance 10. Fee simple acquisition where no other property right, e.g. easement, exists Page 2 11. Fee simple acquisition where other property right, e.g. easement, exists 12. Property interest adjacent to property suspected of being contaminated 13. Property interest adjacent to property not suspected of being contaminated 14. Property interest donated to the City as part of a subdivision or other development with no land disturbance or excavation immediately prior to donation, e.g. an easement for a future utility pipe or a drainage right-of-way 15. Property interest donated to the City as part of a subdivision or other development immediately following land disturbance or excavation, e.g. a street or utility easement after construction is completed 16. Various combinations of the above examples Environmental site assessments are typically completed in three (3) phases after a preliminary evaluation. Preliminary evaluation - Walk over which indicates if there has been any substantive human activity on site or adjacent sites or a site that has already been stripped to undisturbed earth. 1. Phase I Chain of title search for a period of at least 60 years to determine prior owners and uses of property. Review historic data from transferor, Tax Assessor, Fire Marshall, Building Inspector, state and federal agencies. Conduct walk-through survey of site and buildings on site. Page 3 Check for asbestos in buildings built prior to 1978. 2. Phase II (when recommended based on Phase I data) Additional research and testing (e.g. radon testing, ground water & soil testing). Conduct very detailed and specific investigation. 3. Phase III (if required) · Develop remediation plan. · Usually requires regulatory approval. Environmental laws that potentially place liability on the purchaser in land acquisitions are: Comprehensive Environmental Response~ Compensation and Liability Act of 1980 (CERCLA); 42 U.S.C. Sections 9601-9657 (1982 and Supplement III 1985) a) Imposes liability on organizations and persons which may have caused environmental problems with hazardous substances (excludes petroleum products). Potentially responsible parties include owner, generators, transporters, and lenders (management or foreclosure). b) Liability may be imposed without regard to fault and is usually assigned by EPA to "deep pockets". c) Only protection: Third party defense incorporating claims of "Innocent Landowner" or exercise of eminent domain by federal, state, and local governments. 2. Superfund Amendments and Re-authorization Act, (SARA), a) b) P.L. 99-499 Includes additional authorizations and amendments to CERCLA. Includes "Community Right-to-Know" provisions. Page 4 Establishes reporting requirements for hazardous and toxic materials. Notification requirement for uncontrolled releases. c) Only protection: Third party defense incorporating claims of "Innocent Landowner" or exercise of eminent domain by federal, state and local governments. Resource Conservation and Recovery Act of 1976, (RCRA), 42 U.S.C. Sections 6901-6987 a) Regulates generation, transport, storage, and disposal of hazardous materials (including petroleum products). b) Requires clean-up of sites posing imminent or substantial danger to health and environment. C Includes leaking underground storage tanks under disposal. d) Does not include any exemptions from liability. Innocent landowner can only be used as a defense to liability under CERCLA and SARA by establishing the following: The environmental contamination was caused solely by the act of a third party with whom the innocent landowner does not have a direct or indirect contractual relationship. 2. Due care with hazardous substances was exercised. Precautions against foreseeable acts or omissions of the third party were taken. 4. At the time of the acquisition the innocent landowner did not know and had no reason to know that any hazardous substance had been disposed of on site. The property was acquired after the hazardous waste had been disposed. The use of an environmental site assessment prior to purchase and routine site inspections can be used as Page 5 evidence that the purchase conducted an appropriate inquiry regarding the site and therefore satisfies condition number 4 known as the "innocent landowner" defense. II. Current situation: Phase I environmental site assessments are currently recommended for all land acquisitions by the City in a memorandum dated March 12, 1991 from the City Attorney. Bo Roanoke River Flood Reduction Project is an example of a project currently on hold subject to negotiations on acceptable levels of hazardous materials. With respect to the Roanoke River project, the environmental concerns on "hold" are related not only to acquisition but also to earth moving and disposal issues arising out of construction. These concerns are not addressed by this report. This issue is further complicated due to the lack of guidelines from federal and state agencies as to what are acceptable levels of contamination which in turn is dependent on the types of activity and potential exposure which will occur on the area. Typically, acceptable levels are only defined on a site-by-site case during the mitigation and clean-up phase (Phase III) after very lengthy negotiation procedures with regulatory agencies. Co Future projects such as sanitary sewers, water lines, storm drains, and Jail expansion could be adversely affected like the Roanoke River project. A land acquisition policy will help ensure all reasonable efforts are made to make decisions as expeditiously as possible. DJ Few areas~ if any~ in the City have been exempt from human activity or the effects of human activity. It would be helpful for the City to designate a qualified person to weigh future additional risk to the City for property interest acquisition under a policy adopted by the City Council which balances the need to protect the City from undue risk and liabilities without preventing projects and facilities needed for the health and welfare of our citizens and the orderly development of the City. Page 6 III. Issues: A. Liability B. Legal C. Cost D. Timinq IV. Alternatives: Adopt the attached land acquisition policy that requires some form of environmental site assessment evaluation for all property interest purchases. All properties shall be walked by the Director of Utilities and Operations or his designee to determine to the extent field conditions justify an environmental site assessment. Liability to the City would be recognized on those parcels on which the City has little or no choice as to whether or not to proceed or already had a property interest. Where the City has option on if or how to proceed and there is evidence of land disturbance, a more informed decision can be made based on formal assessment procedure results. Legal obligations to prove innocent landowner and to avoid underground petroleum storage tanks will be met on virtually all parcels to be acquired. Cost to the City for a Level I environmental site assessment is usually $1,500 to $2,000 each. Given that most non-fee simple land acquisitions are of values less than $1,500 to $2,000, this policy attempts to strike a balance between potential liability and cost of avoiding liability. Timinq on most projects would be enhanced by this policy by reducing the number or need for environmental site assessments. Establish a City land acquisition policy that requires a detailed formal environmental site assessment for all parcels. Liability would be limited to City parcels currently owned that were improperly used in the past. Page 7 Legal requirements under CERCLA, SARA, and RCRA would be met. Cost to the City would be astronomical. Currently, the City purchases approximately 250 parcels a year. This would require an expenditure of nearly $500,000 for Level I environmental assessments. This cost assumes that the City would require developers to submit a complete environmental site assessment for all subdivisions that dedicate property to the City. Timing - The City would literally delay most City projects for a minimum of one (1) year. Establish a City land acquisition policy that does not require any environmental site assessments. Liability to the City would be enormous. One industrial parcel in the City could cost over $27 million to clean up. 2 o Legal requirements under CERCLA, SARA, and RCRA would not be met. Cost to the City in potential liability cannot be determined, but would certainly exceed all land values acquired. 4. Timing on project would be a moot issue. V. Recommendation: Council concur with Alternative "A" by adopting the attached City land acquisition policy that requires some form of environmental site evaluation on all property interest purchases. Respectfully submitted, W. Robert Herbert City Manager WRH:KBK:afm Attachment cc: City Attorney Acting Director of Finance Director of Utilities and Operations Director of Public Works City Engineer ENVIRONMENTAL POLICY RELATING TO THE ACQUISITION OF REAL PROPERTY INTENT It is the intent of this policy to protect the City from environmental liability in the acquisition of any interest in real property. This policy attempts to protect the City from environmental risks and liabilities associated with property acquisition without prejudicing the ability of the City to carry out projects needed to advance the health, welfare and safety of our citizens and the orderly development of the City. POLICY Except as hereinafter provided, prior to the acquisition of any interest in real property by the City, an environmental assessment shall be conducted by a qualified staff member with environmental expertise or an environmental consultant retained by the City. Upon written approval of the City Manager, after consultation with the Environmental Compliance Officer, Risk Management Officer and City Attorney, the City may purchase or otherwise acquire property without conducting the complete environmental assessment defined below. The City Manager shall immediately transmit a copy of any such approval, which shall contain a statement of the grounds for not conducting a complete environmental assessment, to City Council and the City Attorney. If the results of the Phase I environmental assessment indicate the need for further analysis of the potential environmental liability associated with the property, the City's Environmental Compliance Officer, in consultation with the Risk Management Officer and the City Attorney, shall assess the potential environmental liability associated with the proposed acquisition and make a recommendation to the City Manager whether to proceed to a Phase II environmental assessment prior to making the decision whether and on what terms and conditions to proceed with the acquisition. The City shall not accept any interest in real property by gift without a satisfactory environmental assessment of the property performed by a qualified staff member with environmental expertise or by an environmental consultant of the city's choice, which at the sole discretion of the City may be at the expense of the grantor or donor. Definitions Environmental Compliance Officer shall mean that individual designated by the City Manager to initiate, monitor and evaluate environmental compliance and risks for the City. Interest in real property shall include but not be limited to fee simple title, easement interests, leasehold interests, and rights of way. Environmental Assessment shall mean a series of studies regarding a property to determine if there are any potential or actual environmental hazards or hazardous substances present on or adjacent to the premises, or in any structure located on the premises. The purpose of an environmental assessment is to permit the City to qualify and quantify the environmental risks associated with property acquisition. 4. Phase I Environmental Assessment shall include: ae A chain of title search for a period of at least sixty (60) years to determine the nature of prior owners and uses of the property; Review of data and documents from the transferor, prior site owners and occupants, and neighbors which should include prior uses, environmental compliance data, and data on prior enforcement actions and/or lawsuits; Ce Review of data and documents from governmental agencies, including the EPA and other federal agencies as well as state and local entities such as the local Building Commissioner (e.g. building and demolition permits; Property inspection of the site and the interior of each building on the property, including prior review of descriptions and maps of the property; A search for the location of and determination of the contents of any underground storage tanks. 5. Phase II Environmental Assessment shall include sampling and analysis of site materials to determine the nature and extent of the contamination. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #20-57-77-102-200-223-264-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31608-072693 approving an ageeement between the City and the Virginia Department of Transportation for replacement of the Fifth Street Bridge; providing for allocation of the City's share of the project cost; authorizing execution of said agreement on behalf of the City; and authorizing execution of an agreement with the Norfolk and Western Railway Company whereby the City will assume full maintenance responsibility for said bridge. Resolution No. 31608-072693 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 26, 1993. Sincerely, ~v~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc o pc: M. Scott Hollis, Urban Engineer, Virginia Department of Transportation, 1401 E. Broad Street, Richmond, Virginia 23219 Edwin Bond, Chief Engineer, Bridges and Structures, No~folk Southern Corporation, 99 Spring Street, S. W., Atlanta, Georgia 30303 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance William F. Clark, Director, Public Works William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Technician IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of July, 1993. No. 31608-072693. VIRGINIA, A RESOLUTION approving an agreement between the City and the Virginia Department of Transportation for the replacement of the Fifth Street Bridge; providing for the allocation of the City's share of the project cost; authorizing execution of said agreement on behalf of the City; and authorizing execution of an agreement with the Norfolk and Western Railway Company whereby the City assumes full maintenance responsibility for said bridge. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The agreement between the City and the Virginia Department of Transportation (VDOT) for the replacement of the Fifth Street Bridge, setting forth the City's estimated share of the project to be $198,873.91, and providing certain terms and conditions, as more specifically set forth in the report and attachments to this Council dated July 26, 1993, is hereby accepted and approved. 2. The City Manager or Assistant City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, the aforesaid agreement with the Virginia Department of Transportation. 3. The City Manager or Assistant City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, an agreement with the Norfolk and Western Railway Company assuming full maintenance responsibility for the new bridge. ATTEST: City Clerk. Roanoke, Virginia .~July 26, 1993 Honorable David A. Bowers, and Members of Council Roanoke, Virginia Mayor Dear Members of Council: SUB~E~T: City - State Agreement Fifth Street Bridge Replaceaent I. Background: City Council, at Its meeting on April 28, 1986, unanimously approved Resolution No. 28109 which requested that the Virginia Department of Transportation (VDOT) program a project for the replacement of the Fifth Street Bridge over Norfolk Southern Railroad. VDOT subsequently included this bridge replacement project in Its Six-Year Highway Improvement Program, and included the widening of Fifth Street south to Salem Avenue, S.W. and north to Gilmer Avenue, N.W. such that the roadway could adequately serve traffic approaching the bridge (see Attachment I). Fifth Street Bridge presently ks a two-lane facility that carries approximately 9,500 vehicles per day with 12,600 vehicles per day projected for the year 2010. The present seven ton weight restriction and the anticipated traffic increase have necessitated the proposed improvements in order to provide for a safe and efficient travel facility. Proposed design of this project consists of four, 12- foot lanes which will provide for two lanes of travel in each d~rection. New curb, gutter, and sidewalk will be provided on both sides of the project. Citizen Information Meettnq was held on June 20, 1989, tn City Council Chambers to provide interested persons an opportunity to ~nformally review and discuss the preliminary plans for this project. A "Notice of Willingness to Hold a Combined Location and Design Public Hearing" for this project was advertised by VDOT on March 23, 1990. No requests were received to hold a public hearing by the April 27, 1990 cut-off date. City Council, at its meeting on September 17, 1990, approved the location and major design features of the proposed project (Resolution No. 30232-91790). Members of City Council Page 2 Commonwealth Transportation Board approved the location and major design features of the proposed project subsequent to Council's approval. II. Current Situation: Bids for project construction were received by VDOT on May 26, 1993. The Commonwealth Transportation Board awarded a contract to Lanford Brothers Company, on June 17, 1993, in the amount of $21802~304.60. Agreement associated with this project (as well as the Second Street/Gainsboro Road project) between City, VDOT, and Norfolk Southern Railway will involve the relocation of Norfolk Southern's overhead signal, communication, and motive power facilities from overhead to underground in railroad right-of-way from Fifth Street to First Street. Cost will be split evenly between the two projects, with the City expected to pay its 2% share. Aesthetics of this area will benefit from this action. City Manager authorization is needed for the City to assume full maintenance responsibility for the new bridge (City presently shares maintenance responsibility for the existing bridge with Norfolk and Western Railway Company on a 50:50 basis). Traffic will need to use alternate routes such as First Street Bridge, Second Street, and Tenth Street Bridge during the Fifth Street Bridge Project. City must execute the attached City-State Agreement (Attachment II) before VDOT will allow Lanford Brothers Company to begin construction. City share of the cost for this project (preliminary engineering @ 5%, right-of-way @ 2%, and construction @ 2%) is $198;873.91. The third page of Attachment II shows the cost sharing ratios to be used on this project. As of May 31, 1993, the City has already paid $29;014.17 toward the above total for preliminary engineering and right-of-way costs. This leaves a balance of $164;859.74 needed for the City's share of the remaining estin~ted costs. Included within the project is the placing of a new 12 inch water line across the bridge to replace an existing Members of City Council Page 3 8-inch line on the old bridge and a 6-inch line under the walks. The betterment portion of these improvements will be a City expense· An additional ~15t000 is needed for separate purchase of new traffic signal control equipment which will meet specialized City standards at the Fifth Street/Shenandoah Avenue and the Fifth Street/Salem Avenue intersections. III. Issues: A. Funding B. Construction Plans C. Timing IV. Alternatives: Authorize the City Manager, in a form acceptable to the City Attorney, to execute the City-State Agreement on behalf of the City~ authorize the Acting Director of Finance to transfer }45t325.80 from the Streets and Bridges Category of the 1990 Bond Series into the Fifth Street Bridge Replacement Account No. 008-052-9599- 9003)~ and transfer }92~601.94 from the Water Fund Account (No. 002-056-2178-9026) to an account to be established by the Director of Finance. 1. Funding, in the amount of ~179~859.74, exists in the sources identified on Attachment III (Part B). 2. Construction plans comply with City's needs for improved traffic flow and safety. Timing for project construction to begin is August 2, 1993. Contractor has 240 calendar days to complete the project. Reject City-State Agreement and proceed to reimburse VDOT for 100% of all expenditures to date in accordance with City Resolution No. 28109. Fundinq would be needed in the amount of the total VDOT project expenditures to date, which is }720~105.14 less the City share paid to date, which results in a balance needed of $691~090.97. Members of City Council Page 4 2. Construction plans would not be built. 3. Timing is not an issue. V. Recommendation is that City Council: Authorize the City Manager, in a form acceptable to the City Attorney, to execute the City-State Agreement on behalf of the City. Be Authorize the City Manager to execute, on behalf of the City of Roanoke, all railroad agreements for this project, which includes assuming full maintenance responsibility for the new bridge, ~hereby relieving Norfolk and Western Railway Company of its present maintenance responsibility. Authorize the Acting Director of Finance to transfer ~45~325.80 from the Streets and Bridges Category of the 1992 Bond Series-A into the Fifth Street Bridge Replacement Account (No. 008-052-9599-9003). Transfer ~92~601.94 from the Water Fund Account (No. 002-056-2178-9026) to an account to be established by the Acting Director of Finance. WRH:RKB:Jrm Respectfully submitted, W. Robert Herbert City Manager Attachments: I Map II City-State Agreement II! Funding Summary copy: City Attorney Acting Director of Finance Director of Public Works Director of Utilities & Operations City Traffic Engineer Construction Cost Technician Budget Administrator CITY OF t~O,~NOI~E Pt~ OJEC T HIGHWAY IMPROVEMENT PROJECT FIFTH STREET CITY OF FROM: INT. TO: INT. ROANOKE, VIRGINIA OF SAI.W,M AVENUE OF GILMER' AVENUE PROJECT NO. U000-128-1~18,PE-101 LENGTH: O. 33 SCALE IN- 0 250 500 ATTACHMENT II ~GREEMENT BETWEEN THE CITY OF ROANOKE ~ND THE VIRGINI~ DEPARTMENT OF TRANSPORTATION The City of Roanoke, Commonwealth of Virginia, hereinafter referred to as Roanoke, and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT, hereby agree as follows: 1. The DEPARTMENT will prosecute a project for the improvement of 0.331 mile of 5th Street within Roanoke from Int. Salem Avenue, Station 12+30.04, to Gilmer Avenue, Station 29+80.19, and designated Project U000- 128-V18, PE101, RW201, C501, B611 and Federal Project STP-5128(145). 2. Roanoke approves the plans as designed and requests the DEPARTMENT to submit the project with recommendation that it be approved by the Commonwealth Transportation Board/Federal Highway Administration and agrees that if such project is approved and constructed by the DEPARTMENT, Roanoke, thereafter, at its own expense, will maintain the project, or have it maintained, in a manner satisfactory to the DEPARTMENT or its authorized representatives and will make ample provision each year for such maintenance. 3. Roanoke agrees that after construction of the project, or any part thereof, it will not permit any reduction in the number of or width of traffic lanes without the prior written approval of the DEPARTMENT. 4. Parking will be prohibited at all times on both sides of this project and appropriate NO PARKING signs shall be erected. The signs shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices. 5. Roanoke agrees that the location, form and character of informational, regulatory and warning signs, curb and pavement or other markings and traffic signals, installed or ~laced by any public authority, or other agency, shall conform to the Manual on UBiform Traffic Control Devices or be subject to the approval of the DEPARTMENT.' 6. Roanoke agrees that the location and installation of utility poles, lighting standards, traffic signal poles or any other facilities installed or placed within the right of way by any public authority, or other agency, shall conform to VDOT Land Use Permit Manual or be subject to the approval of the DEPARTMENT. 7. Roanoke agrees to comply with Title VI of the Civil Rights Act of 1964 and the Virginia Fair Employment Contracting Act, Sections 2.1-374 through 2.1-376 of the Code of Virginia (1950), as amended. 8. Roanoke agrees to comply with all applicable federal, state and local rules, regulations and statutes when work is performed on this project with municipal forces or its agent at project expense. -2- · 9. 10. Roanoke agrees that prison labor will not be used fo~ any purpose whatsoever on this project. Roanoke agrees to participate in the actual cost of this project which includes a special provision for price adjustment in accordance with the following tabulation, understanding that the costs shown are estimated and the percentages will be applied to actual costs: ~ROJECT COST ROANOKE tS SH~RE Preliminary Engineering Right of Way C501 (including field office) Lighting Items Utility Items - Sewer Utility Items - Betterment (Water) Safety Items B611 Roanoke Gas C&P Telephons N&W Railway Force Account TOTAL 500,000.00 5 $ 25,000.00 250,000.00 2 5,000.00 1,409,981.91 2 28,199.64 2,854.80 100 2,854.80 98,046.52 2 1,960.92 191,128.86 48.45 ' 92~601.94 18,910.00 2 378.20 1,580,807.82 2 31,616.15 36,600.00 - -0- 24,400.00 - -0- $4,42~,842.61 $193,S73.91 -3- IN WITNESS signatures, for day of ATTEST: WHEREOF, the parties have hereunto OF ROANOKE on the 19 , and the DEPARTMENT , 19 CITY CITY OF ROANOKE affixed their day of on the BY: CITY CLERK BY: CITY. MANAGER NOTE: The official signing for the municipality must attach a certified copy of the authority under which this agreement is executed. This agreement is executed in three originals. APPROVED AS TO FORM CITY ATTORNEY COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION BY: COMMISSIONER -4- ATTA~J~ENT III FUNDING SUNMARY ESTIMATED PROJECT COST LESS VDOT SHARE TOTAL CITY SHARE LESS CITY SHARE INVOICED (AND FUNDED) AS OF 5/31/93 ESTIMATED CITY SHARE REMAINING ESTIMATED CITY COST (100%) TOTAL CTTY CO~T R~AXNING $4,425,842.61 4t231~968.70 $ 193,873.91 29t014.17 164,859.74 15~000.00 $ 179f859.74 B. SOURCES FIFTH STREET BRIDGE REPLACEMENT ACCOUNT, 008-052-9599-9003 STREETS AND BRIDGES CATEGORY OF THE 1992 BOND SERIES A 3. WATER FUND - UNIDENTIFIED REPLACEMENT, 002-056-2178-9026 41,932.00 45,325.80 92~601.94 1791859-74 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #207-405-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31611-072693 approving issuance of an amendment to the City's agreement with Mattern & Craig, Inc., to provide certain engineering services, specifically to anaiyze the current water distribution system and make recommendations for location, size and related appurtenances for a new water storage tank to be located in the vicinity of the Roanoke Centre for Industry and Technology, in the amount of $25,677.00, the total amount of the agreement, including the abovereferenced amendment, to be $184,497.00. Resolution No. 31611- 072693 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 26, 1993. Sincerely, ~g~_~_~ _ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Samuel H. McGhee, III, President, Mattern & Craig, Inc., 701 First Street, S. W., Roanoke, Virginia 24016 Wilburn C. Dibling, Jr., City Attorney James D. Griaso, Acting Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Philip C. Schirmer, Project Manager Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1993. No. 31611-072693. A RESOLUTION approving the City Manager's amendment to the City's agreement with Mattern & Craig, provide certain engineering services, in connection Roanoke Centre for Industry and Technology. issuance of an Inc., to with the BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, an amendment to the City's Agreement for Professional Services with Mattern & Craig, Inc., to provide certain engineering services, specifically to analyze the current water distribution system and make recommendations for the location, size and related appurtenances for a new water storage tank to be located in the vicinity of the Roanoke Centre for Industry and Technology, in the amount of $25,677.00, the total amount of the agreement including this amendment to be $184,497.00. ATTEST: City Clerk. Roanoke, Virginia July 26, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: WATER FACILITIES ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY I. Background: The City of Roanoke provides public water service to the Roanoke Centre for Industry and Technoloqy (RCIT). Customers are connected to a water distribution system that is supported by an existing water tank located in Statesman Industrial Park. This tank is supplied by water from the Carvins Cove and Falling Creek water plants. Due to the location and elevation of this tank, under certain operating conditions water supply to fringe areas in RCIT is marginal. II. Current Situation: In order to provide improved water service to the Roanoke Centre for Industry and Technology, the City has retained the services of Mattern & Craig, Inc. to analyze the current water distribution system and make recommendations for the location, size and related appurtenances for a new water storage tank to be located in the vicinity of the Roanoke Centre for Industry and Technology. The services of Mattern & Craiqt Inc. are being provided to the City of Roanoke under the terms of an Agreement for Professional Services dated December 13, 1991. This agreement provided for engineerinq desiqn services for roadways and utilities located in the Addition to the Roanoke Centre for Industry and Technology. This agreement covers services up to a maximum contract value of $200~000.00. The current contract value is $158~820.00. Honorable Mayor and Members of City Council WATER FACILITIES ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY Page 2 July 26, 1993 Enqineering Services to be Provided: Computer Model the existing water system between the Statesman Industrial Park pump station and the Roanoke Centre for Industry and Technology. Evaluate water tank alternatives to provide enhanced water flow and pressure in RCIT. Provide foundation recommendations for the proposed water tank site. Prepare a written report detailing the alternatives examined and proposed action· The report is to be in sufficient detail to gain regulatory approval from the Virginia Department of Health· Provide operational analysis of the existing water distribution system if needed and authorized. Mattern & Craig~ Inc. has agreed to perform the work listed above for a fee not to exceed ~25t677.00. Approval of this contract amendment will increase the current contract value to ~184~497.00 and not modify the contract limit of $200,000·00· III · Issues in Order of Importance= Engineering concerns in establishing a reliable but cost-effective method of improving water service to the Roanoke Centre for Industry and Technology. Schedules to provide analysis of the existing water distribution system and recommendations for proposed improvements in a timely manner. Fundinq for the existing agreement for professional services was appropriated from proceeds from the sale of a shell building to Quibell, Inc. It is Honorable Mayor and Members of City Council WATER FACILITIES ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY Page 3 July 26, 1993 proposed to reimburse the cost of this contract amendment from Water Fund Retained Earnings. IV. Alternatives: Approve an amendment to the existing engineering services agreement as defined above to Mattern & Craig, Inc. in the amount of $25~677.00. Engineering concerns in establishing a reliable but cost-effective method of improving water service to the Roanoke Centre for Industry and Technology will be addressed. Schedules to provide analysis of the existing water distribution system and recommendations for proposed improvements will be completed within thirty (30) days. Funding for the proposed contract amendment is available in Water Fund Retained Earnings. These funds will replace previously appropri- ated funds for this contract. Do not approve an amendment to the existing engineering services agreement as defined above to Mattern & Craig, Inc. in the amount of $25~677.00. Engineering concerns in establishing a reliable but cost-effective method of improving water service to the Roanoke Centre for Industry and Technology will not be addressed. Schedules to provide analysis of the existing water distribution system and recommendations for proposed improvements will be delayed indefinitely. 3. Funding remains in existing sources. Honorable Mayor and Members of City Council WATER FACILITIES ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY Page 4 July 26, 1993 Recommendation is that the City= Approve an amendment to an existing professional services agreement with Mattern & Craig, Inc. in the amount of ~2§t677.00. Transfer ~25t677.00 from the Water Fund account 002-056-8366-9189, Plant Expansion Bonds 92, to an account to be established in the Water Fund for the design and construction of a new water storage tank. Also transfer $25,677.00 from the RCIT Engineering account 008-052-9680-9004, to the Capital Improvement Reserve account for Economic Development, 008-052-9575-9178. Respectfully submitted, W. Robert Herbert City Manager WRH/PCS/kp CC: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for community Relations City Engineer Construction Cost Technlclan Accountant, Contracts and Fixed Assets ~,EPARTMENT O[~ FINANCII[ ~ ~ ~ ~ L CITY OF ROANOKE, VA. {;ITY ' ' July 26, 1993 '93 JlJt_26 A9:24 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Acting Director of Finance Unaudited Year End Financials- Fiscal Year 1993 Our revenue estimate from all sources within the General Fund for FY 1993 was $160,112,616, while our actual collections were $162,395,986, a positive variance of $2,283,370 or 1.4% over the revenue estimate. This is a 4.76% increase over the actual revenue received in the previous fiscal year (FY 1992). Below is a recent history of our revenue estimates compared to actual revenues: Percent Fiscal Revenue Actual of Estimate Year Estimate Collected Collected 1993 $160,112,616 $162,395,986 (unaudited) 101.40% 1992 153,258,386 155,014,256 101.14% 1991 153,538,527 153,579,251 100.03% 1990 142,769,710 144,287,606 101.06% The UNAUDITED General Fund financial statements for the fiscal year ended June 30, 1993 are reported to you for planning purposes. These figures are subject to change during the course of our external annual audit. Honorable Mayor and Members Roanoke City Council July 26, 1993 Per the requirements established in Ordinance No. 26292, adopted by City Council on December 6, 1982, establishing a reserve for the Capital Maintenance and Equipment Replacement Program (CMERP), the amount designated for FY 1993 is $2,561,827. This equals 1.5% of General Fund Appropriations, totaling $167,310,337 for FY 1993. The following allocation has been calculated based on the revenue allocation model used for the FY 1992-93 adopted Budget. (See page 12.) Designated 1993 CMERP - City Administration $1,530,915 School Administration ~ Total $2.561 ~827 This leaves no undesignated funds at year end. (In order to have fulfilled the objective of Ordinance No. 26292, the amount of $9,578,717 would had to have been available before having any undesignated funds.) General Fund Statement of Revenues On page 26 is a summary of the major categories of revenues and the specific variances between actual (unaudited) and estimated. Following is a brief explanation of variances in major revenue categories: General Prooerty Taxes This category includes real estate, personal property, public service and penalties and 2 Honorable Mayor and Members Roanoke City Council July 26, 1993 interest. The total estimated revenue for this category was $53,308,845 and actual collections were $53,958,182, a difference of $649,337 or a 1.2% variance. Current year real estate tax collections increased 3.4% and delinquent real estate collections increased 15.6% over FY 1992. (See page 14.) We are pleased with our increased collection effort in delinquent taxes and commend the Office of Billings and Collections, the City Attorney's Office, and the Treasurer's Office for their extra effort. This provided a total increase in real estate collections of 3.7% which equaled 0.3% above the estimate. Personal property taxes realized a 2.5% increase over FY 1992 due primarily to proration and we collected 2.1% or $305,176 over our estimate in this category. (See page 15.) Other Local Taxes This category includes sales tax, utility tax, business and occupational licenses, transient room tax, admissions tax, cigarette tax, prepared food and beverage taxes and other miscellaneous local taxes. This category acts as a financial barometer for the state of our local economy. The total estimate for this category was $39,883,333 and our actual collections were $40,232,194 or a positive variance of 0.80% over our estimate. For the second year in a row sales tax generated less than the adopted estimate. This major source of revenue increased 2.9% over last year but we actually fell short of our revenue estimate by 1.65%. This years total collections are approximately the same 3 Honorable Mayor and Members Roanoke City Council July 26, 1993 amount as we received in FY 1991, a disturbing but realistic trend in our current economic environment. (See page 16.) Utility tax continues to out perform the estimate primarily due to various utility rate increases. The FY 1993 collections exceed the estimate by 3.8% or $362,379. (See page 17.) Business licenses increased 8.3% over last fiscal year and out performed our estimate by 4.4% or $332,367. The Tax Compliance Auditor position approved for the Commissioner of Revenue by City Council for FY 1992-93 has enhanced our ability to enforce business license collections. (See page 18.) The prepared food and beverage tax performed better than expected showing a 4.4% growth over last fiscal year and exceeded our estimate by 4.7% or $209,156. (See page 19.) Admissions tax exceeded our estimate by 8.8% (see page 20) and Motor Vehicle Licenses exceeded our revenue estimate by 1.5%. (See page 21.) Transient room tax fell 7.7% under our revenue estimate, the second year in a row that actual collections were less than the estimate. A significant shortfall occurred for cigarette taxes ($161,082 under the revenue estimate) and bank stock taxes ($192,124 under the revenue estimate). Local taxes are a reflection of our local economy and our consumers confidence. Our local tax revenue base is following the slow growth of the national economic trend. As 4 Honorable Mayor and Members Roanoke City Council July 26, 1993 anticipated last year, and proven by our final figures, we expect slow growth in this entire revenue category in the upcoming fiscal year. We will be continually monitoring this category to advise if changes in the trend occur (for the better we hope). Permits. Fees and Licenses This category includes dog licenses, building, electrical, plumbing, heating, and elevator inspection fees. The actual revenue received was 15.9% or $83,577 more than our original estimate. This increase reflects the fee increases adopted during FY 1993. Fines and Forfeitures This revenue category consists of fines collected by the Circuit Court, Juvenile and Domestic Relations Court, General District Court, and parking tickets. We exceeded the revenue estimate by 8.8% or $52,291. The collection of traffic violations issued by the General District Court contributed to this positive variance. Revenue From Use of Money and Prooertv This revenue category consists of interest earnings, City Market rents, Commonwealth Building rents, Municipal North rents, and various other miscellaneous property rentals. The revenue exceeded the estimate by 8.0% or $66,904. Interest 5 Honorable Mayor and Members Roanoke City Council July 26, 1993 earnings on idle cash invested contributed $55,659 to this positive variance. Education This revenue category consists of three major sources of revenue: Educa6on Grants-in-Aid Commonwealth $28,560,751 Grants-in-Aid Federal Government 1,876,620 Charges for Services 2r019~278 Totals $32,456,649 FY 1991-92 Pee~lt of of Revemae F~thnate FY 1992-93 Change Eedrnatee Received $31,106,332 8.91% $30,765,053 101.11% 2,078,319 10.75% 1,785,280 116.41% 2,337,984 15.78% 2.324f 170 100.59% $35¢522~635 9.4~5% $34f874,503 101.86% Educational revenues provided a 1.86% or $648,132 positive revenue variance. This positive variance is due to higher than expected student enrollment which enhanced basic state aid, federal school food aid and special education assistance. Grants-in-Aid Commonwealth This category is comprised of non-categorical aid (ABC, wine, rolling stock and rental car tax), shared expenses (reimbursement for constitutional offices), social services (foster care, day care, welfare payments, food stamps and employment services), other categorical aid (Street Maintenance, City Jail Block Grant, Juvenile Facilities Block Grant, Law Enforcement and Library Grant). This category provided a positive 2.3% or $593,697 variance over the revenue estimate. Reimbursements for social services provided 6 Honorable Mayor and Members Roanoke City Council July 26, 1993 $341,825 and the Jail Block Grant provided $350,152 above the revenue estimate. Both revenue sources increased due to an increased number of clients served during FY 1993. Grants-in-Aid Federal Government This category is for civil defense and flood damage reimbursements. Charues for Current Services This category includes court service charges, refuse collection, weed cutting, emergency medical service, police fees, fire safety fees, and central service charges. The adopted revenue estimate included a "false alarm fee" which was not implemented during FY 1993. This contributed to the 9.7% or ($245,221) negative variance. Miscellaneous Revenue This includes payment in lieu of taxes from Roanoke Redevelopment and Housing Authority, damages to City property, sale of surplus property and insurance recoveries. A positive variance of 7.3% or $29,942 is due to the FY 1993 sale of surplus property. Internal Services This category represents reimbursements from enterprise funds, internal service funds, and agency funds for services provided by the General Fund departments. Fire 7 Honorable Mayor and Members Roanoke City Council July 26, 1993 safety services for the Regional Airport, billing and collection services for water and sewer, engineering services and various other Public Works services. The positive variance of 4.5% or $67,510 resulted from street maintenance and engineering billings to the other operating funds. Exoenditures Total expenditures and encumbrances for FY 1993 were $166,529,123 which was .47% less than City Council had authorized. (See page 27.) General Fund expenditures and encumbrances are up 5.39% overall compared to last fiscal year. The majority of this increase is due to increased salaries and fringe benefits, but there are some variances in certain categories that deserve comment. The General Government category increased 2.64%, primarily due to salary increases. The Judicial Administration category expenditures are slightly higher than average due to increased expenditures for professional services for children within the Juvenile and Domestic Relations Court system. The 3.23% increase in expenditures for Public Safetv includes a significant capital outlay for a new ladder truck for the Fire Department. 8 Honorable Mayor and Members Roanoke City Council July 26, 1993 Expenditures for the Public Work~ category are up due to equipment purchases and payments to the Fleet Maintenance Fund for equipment rental. Fiscal year 1993 is the first year for the fleet rental program. The Health and Welfare category reflects a decrease of 1.56% in expenditures. This is somewhat misleading due to the fact that the Nursing Home was included in this category in fiscal year 1992, but accounted for as a separate fund in fiscal year 1993. The most significant increase in the Health and Welfare category was an approximate $745,000 increase for Foster Care. Educational expenditures were 0.32% or $228,853 less than total appropriations. The significant increase in spending of 14.77% for Parks. Recreation and Cultural is primarily due to equipment purchases and payments for fleet rental. Again, fiscal year 1993 is the first year for the fleet rental program. Community Develoement expenditures are up 10.80% due to a contract for professional services to review the City's architectural guidelines. Debt Service expenditures are down 9.72% due to the net reduction of principal and interest payments related to refunding of 1985 General Obligation bonds. The Nondenartmental category is up 82.10% over the prior year. The larger 9 Honorable Mayor and Members Roanoke City Council July 26, 1993 components that make up this increase are $250,000 for retiree raises, a $407,953 operating subsidy for the Nursing Home Fund, and a transfer of $763,522 of CMERP money to the Fleet Management Fund to purchase equipment. Additionally, an increase of approximately $600,000 was transferred to the Capital Projects Fund to provide for capital projects. These figures as related above are unaudite~l and subject to change during the audit. They are being reported to you today for olannino ouroose~. The audited figures will be available in late September and reported to you to take whatever actions you feel are in the best interest of our City. A detailed analysis of the enterprise funds will be included with the annual financial statements. I would like to thank each of you and all my staff for their dedication and support in concluding fiscal year 1993. If it were not for the professional staff, this information would not be available to you in such a timely and accurate manner. I would be pleased to answer any questions that Council may have. JDG:s Attachments ~ector of Finance 10 Honorable Mayor and Members Roanoke City Council July 26, 1993 CC: W. Robert Herbert, City Manager James D. Ritchie, Assistant City Manager Wilburn C. Dibling, Jr., City Attorney George C. Snead, Director, Administration and Public Safety Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Glenn D. Radcliffe, Director, Human Resources E. Wayne Harris, Superintendent, Roanoke City Schools Richard Kelley, Executive for Business Affairs Barry L. Key, Manager, Management and Budget 11 Crl'Y OF ROANOKE. VIRGINIA CAPITAL MAIN'n~NANCE AND EQUIPMENT REPLACEMENT RESERVE Per Ordinance No. 26292 Total General Fund Budget FY 1992-93 $167,310,337 x 10% 16,731,034 7,152.317 Deduct General Fund Debt Service Requirement Maximum Designated Capital Maintenance and Equipment Replacement Reserve $ 9,578f717 Amount Designated CMERP FY 1993 ~ ALLOCATION OF CMERP JUNE 30, 1993 City Administration Residual Equity Transfer - Nursing Home Fund City Revenues Over Estimate City Unexpended Appropriations Increase in Insurance Reserve Local Tax Revenue Over Estimate Reserve for Retiree Raises City Administration 67,791) 637,04O 552,360 250,000) 819,306 160.000) $1.530.915 School Administration School Revenues Over Estimate School Unexpended Appropriations Increase in Workers Compensation Equity Local Tax Revenue Over Estimate School Administration Total CMERP FY 1992-93 648,132 228,853 ( 24,965) 178.8~2 1,030.912 $ 2,561f827 12 CITY OF ROANOKE GENERAL FUND REVENUES YEAR ENDED JUNE 30, 1993 {Unaudited) Analysis of School's Allocation of Local Tax Collection for FY 92-93 Local Taxes General Property Taxes Other Local Taxes Total Local Taxes Actual Collections FY 92-93 $ 53,958,182 40.232.194 $ 94.190,376 Less: Local Taxes Dedicated: Current Real Estate Downtown District Tax { 142,803) Delinquent Real Estate Downtown District Tax ( 17,142) Downtown District Public Service Tax ( 24,270) Utility Consumer Tax (Flood Reduction) ( 883,131) Telephone Surcharge Tax (E911 ) ( 287,305) Cigarette Tax Increase (Cope Team and Convention and Visitors Bureau) ( 420,413) Transient Room Tax Increase (Convention and Visitors Bureau) ( 180.847) Adjusted Total - Local Taxes Collected FY 1992-93 School Percentage Share of Local Taxes (See Note) School Dollar Share of Local Taxes Less: Original Budgetary Allocation of Local Taxes to Schools 92,234,465 x 36.05% 33,250,525 (33,071.633) Additional Allocation of Collected Local Taxes to Schools Note: Percentage share based on revenue allocation model developed by Office of Management and Budget for FY 92-93 budget. 13 REAL ESTATE TAX REVENUE CiTY OF ROANOKE 9 7 6 5 4 2 o .... r:~,,, ~.. F~ r~ ~ ~ JUL AUG SEP OCT NOV DEC JAN feb MAR APR MAY JUN MONTH ~ FY 93 ~ F'Y 92 ~77-~ FY 91 r~ F'(90 CITY OF ROANOKE, VIRGINIA REAL ESTATE TAX REVENUE HISTORY RECAP FY 1990 - FY 1993 * PROJECTED % TOT HONTH FY 1990 FY 1991 FY 1992 FY 1993 FY 1993 YTD COLLECTIONS % VARIANCE BUDGET JUL 108,283.79 109,858.63 108,78~.6~ 152,937.64 152,937.64 118,949.57 28.57% 0.33~ AUG 752,717.62 1,000,695.26 167,926.06 1,065,212.65 1,218,150.09 818,014.19 SEP 5,295,446.17 7,584,802.39 8,413,175.57 8,279,020.69 9,497,170.78 8,565,464.76 10.88~ 26.76~ OCT 9,46~,592.71 7,434,676.6:3 8,479,409.18 8,441,159.49 17,938,330.27 17,799,304.92 0.78% 50.54~ NOV 186,883.54 404,218.39 197,268.22 236,627.38 18,172,957.65 18,086,167.43 0.48~ 51.20~ DEC 140,459.68 213,626.29 315,292.19 259,822.50 18,432,780.15 18,329,695.61 0.56~ 51.93~ JAN 112,771.32 89,405.20 153;657.28 198,351.13 18,631,131128 18,:59,163.05 0.93~ 52.49~ FEE 726,018.61 373,071.49 326,606.92 27Z,786.23 18,903,915:51 18,977,892.05 -0.39~ 53.26~ NAR 6,110,379.67 7,193,775.29 8,616,254.62 8,911,159.36 27,815,074.85 26,953,467.24 3.20~ 78.36~ APR 7,:28,663.96 7,728,746.28 7,1&2,166.19 7,386,773.74 35,199,848.59 35,066,999.41 0.38~ 99.17~ NAY 168,952.66 113,939.17 122,865.16 206,537.59 35,404,386.18 35,21:,631.02 0.56~ 99.74~ JUN 274,392.79 212,837.16 285,670.52 207,653.36 35,612,039.52 35,695,845.00 0.33~ 100.33~ TOTALS 30,769,560.30 32,659,652.16 36,329,0TS.52 35,612,039.52 35,612,039.52 35,695,8~,5.00 0.33~ 100.33Z (TO DATE) (TO DATE) ~iHCREASE 9.01~ 5.69~ 5,76~ 3:74::::::::::::::::::::::::::::::::::::::::::::::::::: (TO DATE) Projected Cottections are based on proration of previous three years data. 14 PERSONAL PROPERTY TAX REVENUE 15.0 U') OE 0 © 13.5 12.0 10.5 9.0 7.5- 6.0 4.5- 5.0- 1.5 0.0 FY 1989 FY 1990 FY 1991 FY 1992 FY 1993 FISCAL YEAR CITY OF ROANOKE, VIRGINIA PERSONAL PROPERTY TAX REVENUE RECAP FY1989-1993 FY 1989 FY 1990 TOTALS 11,691,1:7.65 12,2:?,750.28 % INCREASE 9.:8~ :.8:% FY 1991 FY 1992 CURRENT TEAR % TOT FY 1993 REVENUE ESTIHATE % VARIANCE GUDGET 13,565,327.90 14,332,0:3.66 14,683,175.87 1:,378,000.00 2.12% 102.12% (TO DATE) (TO DATE) 15 1,7 0.9 0.8 0.7 0.6 0.5 0.4 0.3 0.2 0 SALES TAX REVENUE (1% LOCAL OPTION/ CiTY OF ROANOKE JUL AUG S£P OCT NOV DEC JAN FEB MAR APR MAY JUN MONTH ~ FY 95 ~ FY 92 ~ FY 91 r~ FY 90 CITY OF ROANOKE, V[RG[NIA 1% SALES TAR HISTORY RECAP FY 19~0 - FY 1993 MONTH FY 1990 FY 1991 FY 1992 * PROJECTED % TOT FY 1993 FY 1993 YTD COLLECTIONS % VARZANCE BUDGET JUL 954,067.00 1,065,017.15 920,957.07 AUG 977,370.28 1,010,351.60 984,687.51 SEP 853,674.75 1,178,656.89 929,369.32 OCT 1,031,769.90 1,123,766.07 902,755.76 NOV 1,116,486.93 987,529.44 964,344.99 DEC 879,986.74 896,413.15 1,038,566.11 JAN 1,545,611.72 1,360,636.16 1,381,340.63 FEB 827,964.89 748,761.58 968,724.49 MAR 968,115.90 1,054,595.60 854,503.61 APR 963,062.98 941,571.83 887,590.31 MAY 1,091,307.60 938,242.23 1,016,155.01 JUN 922,400.36 1,028,250.30 1,094,887.68 1,100,611.11 1,100,611.11 1,009,366.26 9.04% 8.80% 1,013,953.32 2,114,566.43 2,029,845.07 4.17~ 16.92% 917,968.66 3,032,533.09 3,046,647.49 -0.46% 24.26% 1,169,367.67 4,201,900.76 4,096,611.17 2.57% 33.62% 911,550.43 5,113,451.19 5,150,031.93 -0.71% 40.91% 1,041,360.43 6,154,811.62 6,116,457.73 0.63% 49.24% 1,328,031.01 ?,482,843.43 7,588,459.95 -1.39% 59.86% 921,737.75 8,404,581.18 8,462,356.65 -0.68% 67.24% 956,841.7'9 9,361,422.97 9,450,153.64 -0.94% ?4.89% 966,782.10 10,320,205.07 10,408,772.12 -0.77% 82.63% 1,009,207.79 11,337,412.86 11,454,414.70 -1.02~ 90.70% 955,744.7~ 12,293,157.58 12,500,000.00 -1.65% 98.35% TOTALS 12,131,819.05 12,333,792.00 11,943,883.29 12,293,157.58 12,293,157.58 12,500,000.00 -1.65% 98.35% (TO DATE) CTO DATE) %1NCREASE 1.44% 1.66% -3.16% 2. ::::::::::::::::::::::::: ..... ======= ...... === ...... = (TO BATE) * Projected CoLLections are based on proration of previous three years data. 16 UTILITY TAX REVENUE CITY OF ROANOKE 0.9 0.8 0.7 0.6 50 ~_-- 0.5 -- o~ 0.3 0.2 0.1 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MONTH MAY JUN CiTY OF ROANOKE, V[RG[HIA UTZL[TY TAX HISTORY RECAP FY l~J~O - FY 1993 * PROJECTED ~ TOT NONTH FY 1990 FY 1991 FY 1992 FY 1993 FY 1995 YTD COLLECT[OHS ~ VARIANCE BUDGET JUL 619,868.18 786,533.89 875,565.69 8~,7,012.52 847,012.52 817,366.71 3.63~ 9.06~ AUG 659,547.28 788,497.52 719,494.66 855,657.76 1,702,670.28 1,593,746.91 6.8~ 18.21~ SEP 631,759.10 800,549.78 812,214.68 819,110.65 2,521,780.93 2,397,701.67 5.17~ 26.97'~ OCT 539,257.7'5 683,025.53 702,7~2.39 7'52,431.96 3,254,212.89 3,087,220.64 5.41~ 34.80~ HOV 548,866.95 715,272.58 721,0Z,5.81 755,571.75 4,009,78~.64 3,798,284.33 5.57'~ 42.89~ DEC 637,524.70 ?'/'1,072.41 780,211.30 852,445.12 4,862,229.76 4,582,282.7~ 6.11~ 52.00~ JAN 681,66&.48 823,623.03 806,501.7~ 890,77'0.41 5,753,000.17 5,410,331.~9 6.33~ 61.53~ FEB 606,272.25 812,119.02 765,68.7,.67 820,093.51 6,57'5,093.68 6,192,634.76 6.14~ 70.30~ NAR 722,129.36 765,517.99 745,031.38 836,667.66 7,409,761.34 6,992,346.88 5.97~ 79.25~ APR 694,712.97 761,927.49 743,246.01 801,179.76 8,210,941.10 7,780,313.30 5.53~ 87.82~ MAY 671,225.32 707,054.02 706,459.64 752,293.28 8,965,2~4.38 8,527,035.61 5.12~ JUH 732,520.27 778,865.04 786,210.36 749,144.:~, 9,712,378.72 9,350,000.00 3.88~ 103.88~ TOTALS 7,745,350.59 9,194,058.30 9,164,417.34 9,712,378.72 9,712,378.72 9,350,000.00 3.88~ 103.8~ (TO OATE) (TO DATE) ~INCREASE 8.55X 18.70~ -0.32~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::: (TO DATE) * Projected CoLLections are based on proration of prevfous three years data. 17 4.5 4 3.5 3 2.5 2 1.5 0.5 0 BUSINESS LICENSE REVENUE CITY Ob- ROANOKE JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN MONTH [~ FY 93 ~--<~ FY 92 ~ FY 91 r~::~IF"r 9o CITY OF ROANOKE, VIRGINIA HISTORY OF BUSINESS AND OCCUPATIONAL LICENSE REVENUE RECAP FY 1990 - FY 199: * PROJECTED I TOT MONTH FY 1990 FY 1991 FY 1992 FY 199: FY 199: YTO COLLECTIONS ~ VARIANCE BUDGET JUL 30,09:.96 76,774.03 39,870.10 4,699.00 :,699.00 50,380.09 -90.67% 0.06I AUG 21,775.70 91,280.09 32,38~.71 31,887.94 36,586.9: 100,313.98 -63.531 0.:9I SEP 15,506.05 16,076.93 6,932.84 29,066.39 65,653.33 113,537.66 -:2.17% 0.87% OCT 44,174.49 20,121.71 12,869.64 31,533.20 97,186.53 140,031.09 -30.60~ 1.29~ NOV 19,960.31 2:,928.08 6,022.69 26,366.30 12J,552.8~ 157,510.4: -21.56~ 1.64I DEC 18,650.90 23,935.28 8,900.21 1:,:05.04 137,957.87 175,187.32 -21.25X 1.83I JAN 2,128,278.:& 2,432,569.37 2,021,024.67 1,906,779.02 2,044,736.89 2,434,948.49 -16.03% 2r.15~ FEB 3,556,64:.:3 3,372,:02.64 3,7S:,897.83 :,056,908.75 6,101,645.64 6,103,078.49 -0.02~ 81.03~ MAR 108,115.1: 167,652.21 148,:13.19 381,658.7'5 6,48~,30:.37 6,248,712.83 3.751 86.10~ APR 65,935.99 85,397.21 118,003.57 10:,395.82 6,587,700.19 6,3:1,184.51 3.891 87.:9~ MAY 703,221.97 8:6,38~.:0 :52,507.87 9:3,951.59 7,531,651.78 7,028,572.15 7.16I 100.02X JUN 450,593.57 354,523.01 655,362.62 330,715.61 7,862,367.39 7,530,000.00 4.41% 104.41% TOTALS 7,162,951.95 7,512,043.96 7,257,188.9: 7,862,367.39 7,862,367.39 7,530,000.00 4.:11 104.:1~ (TO OATE) ITO DATE) 1INCREASE 7.25~ 4.87~ -3.3~ ::::~=:::::::::::::::::::::::::::::::::::::: ...... ====== (TO DATE) Projected CoLLections are based on proration of previous three years data. 18 500 PREPARED FOODS TAX REVENUE CITY OF ROANOKE, VIRGINIA 450 400 -- 550 -- 300 -- 250 -- 200 150 -- 100 -- 50 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MONTH ~ FY 95 ~ FY 92 ~ FY 91 ~ FY 90 MA~ JUN CITY OF ROANOKE, VIRGINIA PREPARED FOODS TAX REVENUE HISTORY FY 1990 - FY 1993 HONTH * PROJECTED % TOT FY 1990 FY 1991 FY 1992 FY 1993 FY 1993 YTD COLLECTIONS % VARIANCE BUDGET JUL 350,816.75 363,979.48 402,660.35 378,59~.28 378,592.28 381,522.95 -0.77~ 8.60% AUG 357,654.65 369,67~.78 368,503.92 383,564.06 762,156.34 755,663.28 0.86% 17.32% SEP 343,931.96 354,016.35 346,352.05 369,037.64 1,131,193.98 1,112,209.17 1.71% 25.71~ OCT 374,863.56 366,856.40 359,981.40 394,674.48 1,525,868.46 1,488,346.13 2.52% 34.68% NOV 338,939.39 345,426.14 362,120.35 354,661.79 1,880,530.25 1,865,638.21 1.89~ 42.74% DEC 369,288.28 388,374.74 398,083.96 442,017.05 2,322,547.30 2,240,234.30 3.67~ 52.7¢/. JAN 317,823.08 322,024.16 328,938.7~ 388,715.22 2,711,262.52 2,570,998.00 5.46X 61.62% FEB 312,507.22 309,746.18 340,010.15 351,981.93 3,063,244.45 2,899,534.82 5.65X 69.62% HAR 370,565.21 368,759.47 366,422.21 386,986.43 3,450,228.88 3,277,059.86 5.28~ 78.41~ APR 352,193.79 349,519.56 360,667.59 408,298.53 3,858,527.41 3,639,778.82 6.01~ 87.69X HAY 370,580.92 369,654.01 413,762.37 414,191.36 4,27~,718.77 4,033,777.53 5.92% 97.11~ JUN 368,690.98 337,867.68 366,103.~7 336,437.40 4,609,156.17 4,400,000.00 4.~5% 104.75~ TOTALS 4,227,835.79 4,245,878.95 4,413,606.86 %INCREASE 4.51% 0.43% 3.95% 4,609,156.17 4,609,156.17 4,400,000.00 4.~% 104.75% (TO DATE) (TO DATE) * Projected Collections ere based on proration of previous three years date. 19 28 26 24 22 20 12 8 -- 6 4 2 -- 0 ADMISSION TAX REVENUE CITY OF ROANOKE JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN MONTH CiTY OF ROANOKE, VIRGINIA ADMISSIO~ TAX REVENUE RECAP FY 1990 - FY 199~ * PROJECTED % TOT MONTH FY 1990 FY 1991 FY 1992 FY 199: FY 1993 YTD COLLECTIONS % VARIANCE BUDGET JUL 18,655.:9 18,098.65 16,990.28 17,504.07 17,50&.07 21,2:1.24 -17.56% 8.75% AUG 24,235.39 20,98:.42 16,618.86 20,079.41 :?,58~.48 45,659.69 -17.69% 18.79% SEP 15,162.60 16,913.30 19,253.39 21,135.86 58,719.34 65,936.89 -10.95% 29.36% OCT 16,197.93 12,099.33 11,828.67 14,699.08 7'~,418.:2 81,788.30 NOV 12,133.70 11,?~6.08 12,896.39 14,173.67 87,592.09 96,320.36 -9.06% :3.80% DEC 14,621.21 16,068.3: 1:,740.36 16,072.8~ 103,664.92 116,267.06 -9.28% 51.83% JAN 11,746.51 17,979.02 14,450.92 21,171.78 124,836.70 131,718.59 -5.22% 62.42% FEE 13,877.79 11,808.28 9,701.92 19,158.60 143,995.30 145,698.31 MAR 9,290.36 12,160.21 10,363.71 21,521.37 165,516.67 158,266.28 :.58% 82.76% APR 11,524.13 13,783.88 12,090.54 10,:62.83 17~,979.50 173,040.26 1.70% 87.99% MAY 14,183.45 11,505.23 10,512.00 15,608.86 191,588.36 187,3:1.03 2.27~ 95.79% JUH 10,849.63 9,523.59 11,671.44 25,991.63 217,579.99 200,000.00 8.79% 108.79% TOTALS 172,478.09 17Z,679.33 161,118.:6 217,579.99 217,579.99 200,000.00 8.79% 108.~9% (TO DATE) (TO DATE) %[NCREASE 4.14% 0.12% -6.69% :::::%=::::::::::::::::::::::::::: ...... ======== ......... (TO DATE) * Project~ CoLLections are ~s~ ~ proration of previ~s three years ~ta. 2O ~00 80O 700 500 300 2OO ~00 0 MOTOR VEHICLE LICENSE REVENUE CITY OF ROANOKE JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN MONTH CITY OF ROANOKE, VIRGINIA HOTOR VEHICLE LICENSE REVENUE HISTORY RECAP FY 1990 - FY 1993 * PROJECTED ~ TOT MONTN FY 1990 FY 1991 FY 1992 FY 1993 FY 1~3 YTO COLLECTIONS ~ VARIANCE BUDGET JUL 17,392.40 19,932.50 18,360.10 22,512.30 22,512.30 18,555.74 21.32~ 1.85X AUG 15,578.80 15,011.&0 15,389.81 16,427.40 38,939.70 33,87'7.52 14.94~ 3.20~ SEP 10,547.60 I0,407.10 13,8~6.00 15,480.80 54,420.50 45,470.72 19.68~ 4.48~ OCT 13,518.50 10,733.80 1~,972.00 15,638.30 70,058.80 58,541.32 19.67X 5.7'~ NOV 8,6~3.40 8,293.60 11,856.50 13,005.50 8~,06~.30 68,136.09 21.91~ 6.8~ DEC 4,783.00 4,437.50 8,147.65 9,857.60 9:,921.90 73,923.63 25.70~ 7.65~ JAN 12,114.95 5,636.7~ 6,414.26 7,185.35 100,107.25 81,976.38 22.12~ 8.24~ FEB 9,299.05 5,950.00 5,894.34 6,518.65 106,625.90 89,021.92 19.77~ 8.78~ MAR 5,722.05 5,306.70 5,901.16 7,003.66 113,629.56 94,663.43 20.04~ 9.35~ APR 251,309.16 219,095.69 199,226.47 221,099.71 334,729.27 317,802.65 5.33~ 27.55~ MAY 774,051.65 821,670.13 760,145.37 7S1,68~.54 1,086,413.81 1,102,8/.1.13 -1.49~ 89.42~ JUH 89,039.60 90,109.30 157,435.10 146,544.10 1,232,957.91 1,215,000.00 1.48~ 101.48~ TOTALS 1,212,000.16 I,:16,58~.~7 1,217,578.76 1,232,957.91 1,232,957.91 1,215,000.00 1.48~ I01.48~ (TO DATE) (TO OATE) XINCREASE 1.~ 0.38~ 0.08~ ::::~=:::::::::::::::::::::::::: ...... ================== (TO DATE) * Projected Collections are based on proration of previous three years data. 21 180 170 160 150 140 130 120 110 100 90 80 70 60 50 40 30 2O 10 0 CIGARETTE TAX REVENUE CITY OF ROANOKE JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN MONTH ~ FY 93 ~--~ F'Y 92 ~ F'(91 r~,~ FY 90 CITY OF ROANOKE, V[RG[NIA CIGARETTE TAX REVENUE N[STORY RECAP FY 1~0 - FY 1~ * PROJECTED % TOT NONTH FY 1~70 FY 1991 FY 1~2 FY 1~73 FY 1993 YTD COLLECTIONS % VARIANCE BUDGET JUL 39,414.P6 65,859.:P ?0,352.04, 113o527.&0 113,5~?.40 98,67:.12 15.05~ :.95~ AUG 53,615.42 92,598.12 1~8,883.06 108,7~?.95 222,Z55.35 275,713.63 -19.39~ 13.61~ SEP 55,028.25 83,235.35 93,501.32 135,67~.25 357,934.60 405,931.10 -11.82~ 21.93~ OCT 45,093.88 10~,083o09 71,11~.66 1Z4,31:.3~ 482,Z50.96 531,38~.71 -9.25~ NOV 55,14~.15 89,922.07 102,111.90 130,488.20 612,739.16 670,26~.12 -8.58~ 37.53~ DEC 32,9?3.08 79,017.02 98,072.21 97,197.53 709,936.69 788,287.94 -9.94~ JAN 63,315.74 71,977.04 97,353.90 107j832.38 817~769.07 919,000.83 -11.02~ 50.0~ FEB 41,752.81 100,055.19 74,722.57 91,553.11 909,322.18 I~040,658.8~ -12.62~ 55.70~ NAR 53,568.65 82,833.86 77,892.00 119,722o9~ 1,029,045.17 1,1:1,060.56 -11.:7~¢ APR 39,529.77 99,353.52 89,618.96 146,304.11 1,175,349.28 1,289,501.08 -8.85~ 72.00~ MAY 95,012.32 117,997.P& 77,3:9.74 136,210o78 1,311,560.06 1,452,145.86 -P.:8~ 80.34~ JUN 72,:74.~ 104,934.65 143,738.38 159,885.03 1,471,445.09 1,632,527.00 -9.87~ TOTALS 646,923.71 1,093,967.54 1,164,728.74 1,471,445.09 1,471,445.09 1,632,527.00 -9.87~ 90.13~ (TO DATE) (TO DATE) ~INCREASE 5.8T~ 69.10~ 6.47~ 2::::,~=:::::::::::::::::::::::::::::::::::::::::::::::::: (TO DATE) Projected CoLlections are based on proration of previous t~o years data. 22 8O FINES AND FORFEITURES REVENUE CITY OF ROANOKE 7O 60 50 -- ~ g 40 -- 30 20 10 -- JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MONTH ~ FY93 ~ FY92 ~ FY91 ~,:,:,:,:,:,:,:,:,:~ ~' 90 MAY JUN CITY OF ROANOKE, VIRGINIA TOTAL FINES AND FORFEITURES REVENUE HISTORY RECAP FY 1~0 - FY 1~3 * PROJECTED X TOT MONTH FY 1990 FY 1991 FY 1992 FY 1993 FY 1993 YTD COLLECTIONS ~ VARIANCE BUDGET JUL :9,732.~ 52,524.10 51,819.21 51,515.7: 51,515.7~ :9,206.87 4.69~ 8.69~ AUG 52,366.80 50,735.5: :2,907.72 49,617.62 101,133.36 95,837.66 5.53~ 17.05X SEP :6,126.16 54,819.50 50,055.72 53,333.29 15&,:66.65 14:,062.52 7.22X 26.05~ OCT 61,187.92 66,672.05 :8,809.85 53,706.36 208,173.01 200,:85.03 3.83~ $5.11~ NOV :0,0:9.03 56,301.76 36,664.75 &9,:93.89 257,666.90 2:2,965.81 6.05X :3.65X OEC :5,251.84 53,075.06 35,104.08 58,:21.20 3160088.10 205,83:.75 10.58~ 53.30~ JAN 51,811.00 59,270.5: :2,0~?.75 51,188.96 367,277.06 33:,739.19 9.72~ 61.94X FEB 51,555.50 55,590.67 :7,655.53 59,869.75 :27,1:6.81 384,17T.75 11.18~ 72.03~ MAR 56,154.57 57,358.03 62,618.41 61,13:.90 :88,281.71 ::0,:28.10 10.87~ 82.36X APR 51,623.:5 67,629.96 50,975.35 47,686.66 535,968.37 69:,795.63 8.32X 90.38~ MAY 50,119.2: 51,939.32 51,213.9: 46,09:.62 582,062.99 5:3,7:3.81 ?.05X 98.16~ JUN 47,2:5.61 68,339.16 58,645.92 63,228.20 645,291.19 593,000.00 8.82~ 108.82~ TOTALS 603,22&.06 675,055.69 570,510.23 645,291.19 645,291.19 593,000.00 8.82X I08.82~ (TO OATE) (TO OATE) ~INCREASE -16.85~ 11.91~ -16.30~ :::::~=::::::::::::::::::::::::::::::: ..... ============== (TO DATE) * Projected ColLections are based on proration of previous three years data. 23 lO0 90 80 70 60 4O 30 20 10 0 -10 -20 -30 -40 -50 INTEREST INCOME ON INVESTMENTS CITY OF ROANOKE JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY' ,JUN MONTH CITY OF ROANOKE HISTORY OF INTEREST INCOME O~ INVESTNENT$ FY 1990 - FY 1993 * PROJECTED ~ TOT HONTN FY 1990 FY 1991 FY 1992 FY 1993 FY 199'5 YTD COLLECTIONS ~ VARIANCE BUDGET JUL 75,780.55 27,568.~ 25,756.88 26,621.74 26,621.74 29,275.01 -9.06~ 26.62~ AUG 33,420.64 (3,265.73) 25,326.84 4,712.27 31,334.01 41,855.56 -25.14~ 31.33~ SEP 25,550.05 6,541.46 16,948.05 6,961.17 38,295.18 52,979.87 -27.72~ 38.30~ OCT 87,89S.45 55,282.39 21,90~.32 14,414.51 52,709.69 90,412.~ -41.70~ 52.71~ NOV 63,042.85 24,435.74 15,469.52 37,037.82 89,747.51 113,756.04 -21.11~ 89.75~ DEC 11,640.12 (20,571.67) (30,063.29) 17,122.84 106,870.35 104,913.92 1.86~ 106.87~ JAN (26,453.82) (39,017.59) (24,976.3~) (2,110.66) 10~,759.69 8~,404.79 24.12~ 104.76X FEB (31,392.25) (20,874.13) (13,695.77) (4,677.12) 100,082.57 69,447.80 44.11~ 100.08~ NAR (38,499.59) (30,327.29) (10,220.30) (5,697.43) 94,385.14 51,523.76 83.19~ 94.394 APR (6,3~2.39) 7,742.~, 8,822.76 11,694.97 106,080.11 53,8~1.79 97.02~ 106.08~ I4Ay 19,578.51 20,914.16 19,400.14 9,718.93 115,799.0~ 67,422.55 71.7~ 115.80~ JUN 60,9~1.67 49,285.52 33,393.30 $9,859.85 155,658.89 100,000.00 55.66~ 155.66~ TOTALS 275,211.79 77,714.24 88,086.11 155,658.89 155,658.89 100,000.00 55.66~ 155.66~ (TO OATE) (TO OATE) ~INCREASE -37.52~ -71.76X 13.35~ (TO DATE) * Projected Coitections are based on proration of previous three years data. 24 CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE AS OF JUNE 30, 1993 General Contlngeflcy: Balance July 1, 1992 Ord. No. Deoartmant 31100 Transfers 31107 Recreation CMT Human Resources CMT Municipal Auditing CMT Human Resources 31256 Director of Utilities and Operations CMT Building Inspection CMT Parks CMT J & D Relations Court Clerk CMT Director of Public Works 31372 Social Services CMT Treasurer Purpose Grant Local Match Youth Summit Uniforms for Conservation Corp. Quality Control Review Juvenile Curfew Gas Franchise Study Housing Needs Assessment Excess Funds Storage Fees Municipal Building Space Study Foster Care Local Match Automated Mailing Services 317,779 1,800) 29,914) 4,500) 1,606) 4,000) 16,500) 2,000) 3,080 908) 5,000) 254,000} 292) 340 Maintenance of Fixed Assets Contingency: Balance July 1, 1992 200,000 Ord. CMT Department Nondepartmental Purpose Fully Fund Fleet Maintenance Fleet Rental Budget 200,000) Supplemental Budgets - Employee Compensation Ord. 31244 Balance July 1, 1992 Department Nondepartmental Purpose Health Insurance 26,000 ( 26.000) Total Contingency Balance $ 34O 25 CITY OF ROANOKE, VIRGINIA GENERALFUND STATEMENT OF REVENUE General Property Taxes Other Local Taxes Permits, Fees, and Licenses Fines and Forfeitures Revenue From Use of Money and Property Education Grants-in-Aid Commonwealth Grants*in-Aid Federal Government Charges for Services Miscelraneous Revenue Internal Services Total Year to Date for the Period Jul 1-Jun 30 Jul 1-Jun 30 Percentage 1991-92 1992-93 of Change 62,533,916 53,958,182 2.71% 38,061,138 40,232,195 5.70% 516,513 606,827 17.71% 578,618 646,291 11 Current Fiscal Year Revised Percent of Revenue Revenue Estimeta Estimetas Received 63,308,845 101.22% 39,883,333 100.87% 623,260 115.97% 693,000 108.82% 791,045 894,556 13.09% 827,652 108.08% 32,456,649 35,522,634 9.45% 34,874,603 101.86% 24,834,771 26,096,088 5.08% 25,602,391 102.33% 30,592 141,722 363.26% 153,332 92.43% 3,110,579 2,296,821 (26.16%) 2,542,042 90.35% 381,804 440,629 15.41% 410,687 107.29% 1~719,732 1,561,041 (9.23%) lr493,581 104.52% ~ 1551014;256 $162;395f986 4.76% $ 160 112 616 26 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation, and Cultural Community Development Education Debt Service Nondepartmental Total Year to Data for the Period Current Fiscal Year Percent of Jul l-Jun 30 Jul 1-Jun 30 Percentage Unen~mbered Revised Budget 1991-92 1992-93 of Chanue Balance Appropriations OblJaated $ 8,750,626 $ 8,981.224 2.64% $ 104,046 $ 9,085,270 98.85% 3,283,745 3,492,371 6.35% 23,783 3,516,154 99.32% 29,603,945 30,559,459 3.23% 157,752 30,717,211 99.49% 20,076,275 20,881,370 4.01% 111,481 20,992,851 99.47% 14,752,915 14,523,020 -1.56% 111,927 14,634,947 99.24% 3,835,877 4,402,353 14.77% 25,629 4,427,982 99.42% 844,152 935,296 10.80% 4,571 939,867 99.51% 66,079,765 70,400,836 6.54% 228,883 70,629,689 99.68% 7,922,159 7,152,317 ( 9.72%) 7,152,317 100.00% 2.856.126 5,200,877 82.10% 13,172 5,214,049 99.75% $158;006r585 $166.529.123 5.39% $ 781,214 $ 167,310,33~7 99.53% 27 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JUNE 30, 1993 Expenditures Unexpended Outstanding Unencumbered BudQet To Date Balance Encumbrances Balance General Government 443,391 $ 12,670,754 Education 11,735,656 8,229,487 3,506,169 621,478 2,884,691 Recreation 393,140 344,722 48,418 17,500 30,918 Streets and Bridges 8,153,846 4,523,574 3,630,272 1,416,723 2,213,549 Sanitation Projects 2,221,561 1,933,241 288,320 80,382 207,938 Traffic Engineering & Communications 1,389,028 1,313,689 75,339 13,214 62,125 Other Infrastructure Projects 8,834,103 5,205,687 3,628,416 1,035,531 2,592,885 Capital Improvement Reserve 5,073,723 5.073.723 8.O73.723 Total 821,210,291 $ 8,O96,146 $ 13,114,145 $ $59,011,34~8 ~ $ 29,364,80.~2 $ 3;628,219 $ 25.736.583 CITY OF ROANOKE WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1993 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Rents Miscellaneous Sale of Land Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Miscellaneous Total Non-Operating Expenses Net Income 1993 2,386,824 2,326,664 197,125 18,349 1,078,015 293.990 6.300.967 1,021,025 2,355,860 347,399 302.552 4,026.83~ 2,274,131 779.816 1,494,315 77,505 11,125 1,116 150 89.896 1,584,211 1,574 1,574 1992 $1,645,496 1,932,867 129,467 16,994 1,133,629 320.987 5.179.440 877,430 1,867,252 392,937 311.514 3.449.133 1,730,307 709,947 1.020.360 124,120 5,250 4,072 133,442 1,153,802 29 WATER FUND JUNE 3O, 1993 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect FC Plans and Specs FY86 Project Design Carvins Cove Improvement Phase I Edgewood Replacement Falling Creek Plant Rehabilitation Phase I Franklin Road Widening Carvins Cove Improvement Phase II Carvins Cove Filter Plant Water Plant Expansion Bonds 92 Carvins Cove Filter Plant Phase I Falling Creek Finished Water Res. Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditures 178,676 12,103 1,240,720 9,007 1,424,202 1,084 692,669 43,982 838,232 739,571 26.046 5,206,292 3,399,568 $ 1,806~724 NOTE: Some of these projects are continued from prior years with inception to date totals. 3O CITY OF ROANOKE SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1993 Operating Revenue: Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating (Loss) 1993 $ 4,420,854 842,175 228,447 729,898 79,658 87,493 27.219 6,415,544 1,488,465 4,174.733 5.663.198 752,346 979,921 226,575) 1992 4,347,435 640,488 196,430 772,959 54,252 94,037 22,046 6,127,647 1,377,426 4,314.524 5,691.950 435,697 960,003 524,306) Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income (Loss) Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses Net (Loss) 56,900 17,987 74,887 151,688) 34,771 34,771 $( 96,559 108.391 2O4,950 319,356) 50.073 50.073 369,429) 31 SEWAGE TREATMENT FUND JUNE 30, 1993 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project FY86 Projects Design Franklin Road Widening Peters Creek Flood Reduction Phase I Oakland Blvd Sanitary Sewer Replacement Sewershed I/I Project Design Phase I Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditur~ 61,897 35,938 56,300 34,778 42,760 231,673 231.673 NOTE: Some of these projects are continued from prior years with inception to date totals. 32 ROANOKE REGIONAL AIRPORT COMMISSION COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1993 Operating Revenue: Airfield Revenue General Aviation Revenue Terminal Building Revenue Other Revenue Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Interest on Airport Revenue Bonds Interest Income Airport Debt Service Accounts Noise Study Grant Runway Maintenance Grant State Promotion Grant Roanoke County Base Service Fee Miscellaneous Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Bond Discount Amortization Interest Expense 1988 Revenue Bond Issue Amortization of Bond Issuance Expense Paying Agent Fees Total Non-Operating Expenses Net Income (Loss} 729,826 108,493 3,067,464 207,227 4,113,010 1,308,244 1,678,555 2,986,799 1,126,211 1,084,997 41,214 178,943 30,361 25,962 23,190 10,613 14,856 264,640 3,760 552,325 593,539 77,258 1,078 521,890 10,428 2,327 612.981 1992 $1,095,730 105,505 2,668,348 121,200 3.990.763 1,150,265 1,569,045 2,719,310 1,271,473 1,057,298 214,175 248,095 42,112 20,705 11,815 264,640 1,115 588,482 802,657 85,930 1,078 527,100 10,428 2,304 626,840 $ 175,~17 33 ROANOKE REGIONAL AIRPORT COMMISSION JUNE 30, 1993 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect General Aviation Development Underground Storage Tank Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Ex;)enditures $ 375,498 27,073 402,571 64,708 $ 337,863 NOTE: Some of these projects are continued from prior years with inception to date totals. 34 CITY OF ROANOKE CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1993 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Total Operating Revenue Less: Operating Expenses Before Depreciation Operating: Personal Services Fringe Benefits Contractual Services Internal Services Utilities and Communications Other Charges Rental and Leases Promotional Expenses: Personal Services Fringe Benefits Contractual Services Other Charges Total Operating Expenses Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Supplement From General Fund Interest on investments Miscellaneous Total Non-Operating Income (Loss) Before Non-Operating Expenses 1993 526,969 107,753 273,52O 1,915 183,666 142,490 1,236,253 605,111 180,210 126,059 66,282 338,587 350,575 3,516 93,954 7,154 9,941 798) 1,780,591 544,338) 332,935 877,273) 1992 495,906 101,416 248,870 95O 154,531 129,905 1,131,57~ 449,044 109,869 86,251 508,538 304,091 104,113 3,454 86,965 6,593 57,026 2,316) 1,713.628 582,050) 357,979 940,029) 678,616 714,821 11,705 9,643 173.469 699,964 888,290 { 177,309) ( 51,739) 35 CIVIC CENTER FUND JUNE 30, 1993 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Asbestos Abatement Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditures 233.835 233,835 233.835 NOTE: Some of these projects are continued from prior years with inception to date totals. 36 CITY OF ROANOKE TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1993 Operating Revenue: Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenue Less: Operating Expenses Before Depreciation Operating Expenses Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Transfer from General Fund Interest on Investments Miscellaneous Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Exl~enses Transfer to GRTC Fund Interest Expense Total Non-Operating Expenses Net Income (Loss) 1993 $ 126,745 237,080 182,190 429,369 194,084 59,977 1,229.445 622,006 622,006 607,439 523,340 84,O99 719,163 5,604 2,027 726,794 810,893 338,516 784,393 1,122,909 1992 $ 217,707 188,269 437,136 147,898 59.245 1,050.255 443,744 443,744 606,511 432,922 173,589 502,598 3,663 1,602 507,863 681,452 338,516 282,427 620,943 $ 60.509 37 CITY OF ROANOKE NURSING HOME FUND INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1993 Operating Revenue: Private Patient Fees Medicaid Patient Fees Medicaid Reimbursement Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Operating Supplement Total Non-Operating Income Net (Loss) 1993 $ 159,519 256,596 760.481 1,176,596 1,146,092 45~,178 1.602.270 (425,674) 36.041 (461.715) 7,972 407,953 415,925 38 CITY OF ROANOKE HOTEL ROANOKE CONFERENCE CENTER FUND INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1993 Operating Revenue: Operating Revenue Total Operating Revenue Less: Operating Expenses Operating Expenses Total Operating Expenses Operating (Loss) Add: Non-Operating Income Contribution from Capital Fund Contribution from Virginia Tech Interest on Investments Total Non-Operating Income Net Income 1993 50,934 50,934 (50,934) 50,000 50,000 734 100,734 49~800 39 CITY OF ROANOKE INTERNAL SERVICE FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1993 1993 Operating Revenue: Charges for Services $ 8.908.609 Total Operating Revenue 8.908.609 Less: Operating Expenses Before Depreciation Personal Services 4,590,653 Operating Expenses 2.666.720 Total Operating Expenses Before Depreciation 7.257.373 Operating Income Before Depreciation 1,651,236 Less: Depreciation 1.484.495 Operating Income 166.741 Add: Non-Operating Income Operating Supplement 763,522 Interest on Investments 111,675 Insurance Recoveries Total Non-Operating Income 875.197 Net Income $ 1.041.938 1992 7,438,64O 7,438,640 4,300,644 2.009,977 6.310,621 1,128,019 557,645 570.374 171,787 40.000 211,787 40 C[I'Y OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL b'~TATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JUNE 30, 1993 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE. VIRGINIA FOR THE FUNDS OF SAID CITY THE MONTH ENDED JUNE 30, 1993. GENERAL $23,136,409.65 $11,709,500.48 $22,263,577.30 WATER 31,651,088.56 404,781.21 1,211,600.20 31,417,693.22 SEWAGE 1,660,165.21 1,308,787.53 1,375,976.60 1,675,271.06 AIRPORT 6,312,544.29 501,143.03 777,873.66 5,258,706.64 CIVIC CENTER 232,634.97 302,051.62 228,172.39 = 241,547.27 INTERNAL SERVICE 3,860,323.60 957,445.74 877,588.94 3,465,578.26 TRANSPORTATION 182,081.62 114,410.68 65,139.37 462,954.82 CAPITAL 15,752,598.16 2,439,428.94 812,152.11 21,251,929.50 NURSING HOME 178,446.10 210,792.48 288,585.73 0.00 HOTEL & CONVENTION (153,677.54) 0.00 3,809.70 0.00 DEaT SERVICE 7,149,424.77 0.00 72,781.17 7,049,308.42 PENSION (263,722.60) 1,613,008.75 1,170,267.67 9,044.07 FDETC 172,562.65 268,018.89 239,228.86 (356,806.10) GRANT PROGRAMS (520,440.47) 1,879,597.60 1,299,888.75 mi 716,326.07 PAYROLL ¢6.382.475.69) 19.135.64{L94 11.704.030.~0 ¢3.154.507.41) CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE. VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED JUNE 30. 1993 THAT SAID FOREGOING: CASH: CA6H IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPO..~M..S: CERTIFICATES OF DEPOSIT CENTRAL FIDELITY BANK FIRST UNION OF VA SIGNET BANK STATE NON-ARBITRAGE PROGRAM (SNAP) TOTAL DATE: JULY 14, 1993 $14,ooo,ooo.oo 26,000,000.00 GORDON E. PETERS~ RbANOK~"~ :ITY TREASURER 41 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 12 MONTHS ENDING JUNE 30, 1993 Revenue City's Contributions Investment Income Gain on Sale of Investments Income from Bond Discount Amortization Total Revenue 1993 $ 6,417,882 6,656,972 2,935,164 369.081 $16.379,079 1992 5,925,816 6,772,067 8,732,137 299.763 21,729.783 Exoenses Pension Payments Fees for Professional Services Active Service Death Benefit Expense From Bond Premium Amortization Administrative Expense Total Expenses Net Income Year to Date $ 6,802,013 787,227 19,939 353,177 130.326 8.092.692 $ 6,518,531 678,404 257,672 124,341 7.578.948 $14 150 835 42 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF JUNE 30, 1993 Assets Cash Investments: (market value - 1993 $155,340,067 1992 $139,889,602) Due From Other Funds Accrued Investment Income Other Assets Total Assets 1993 1992 $ 185,998 $ 20,522 134,170,371 166,837 1,351,445 18,000 $135.892.651 125,691,486 571,629 1,362,748 18.000 Liabilities and Fund Balance Accounts Payable Due to Other Funds Total Liabilities Fund Balance, July 1 Net Income Year to Date Fund Balance Total Liabilities and Fund Balance $ 167,502 758 $ 226,391 168.260 127,437,994 8.286.397 135.724.391 135.892~651 226,391 113,287,159 14,150,835 127.437,994 127.664.385 43 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #514 Raymond R. Robrecht, Attorney 102 N. Market Street Salem, Virginia 24153 Dear Mr. Robrecht: I am enclosing copy of Ordinance No. 31563-072693 permanently vacating, discontinuing and closing a 265.15 foot section of Burks Street, S. W., formerly known as Reed Street, as the same extends between Official Tax Nos. 1510302 and 1510303. Ordinance No. 31563-072693 was adopted by the Council of the City of Roanoke on first reading on Monday, July 12, 1993, also adopted by the Council on second reading on Monday, July 26, 1993, and wili take effect ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: Harweli M. Darby, Jr., Attorney, Glenn, Flippin, Feldmann &Darby, P. O. Box 2887, Roanoke, Virginia 24001 Virginia Scrap Iron and Metal Co., c/o Mr. Sam Golden, P. O. Box 8278, Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilburn C. DibHng, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Doris K. Layne, Account Technician, Real Estate Valuation William F. Clark, Director, Public Works Robert R. Robrecht, Attorney July 30, 1993 Page 2 pc: Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Chief, Community Planning Evelyn D. Dorsey, Acting Zoning Administrator Kit B. Kiser, Director, Utilities and Operations MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 30, 1993 File #514 The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching copy of Ordinance No. 31563-072693, for proper recordation in your office, which provides for permanently vacating, discontinuing and closing a 265.15 foot section of Burks Street, S. W., formerly known as Reed Street, as the same extends between Official Tax Nos. 1510302 and 1510303. Ordinance No. 31563-072693 was adopted by the Council of the City of Roanoke on first reading on Monday, July 12, 1993, also adopted by the Council on second reading on Monday, July 26, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Ene. pc: Raymond R. Robrecht, Attorney, 102 N. Market Street, Salem, Virginia 24153 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of July, 1993. No. 31563-072693. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Akzo Coatings, Inc., filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on July 12, 1993, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain 265.15' section of Burks Street, S.W., formerly known as Reed Street, as the same extends between Official Tax Nos. 1510302 and 1510303, be, and hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. 2 BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording in the Office of the Circuit Court Clerk, a subdivision plat, providing for the proper division of the closed right-of-way and the combination of all lots, as provided by law, and reserving all existing easements for utilities, both public and private, in the right-of-way, and providing for the dedication thereon of an area comparable in size to the subject section of Burks Street, S.W., and thirty (30') feet wide, and reserving within said newly created right-of-way easements, ingress and egress, as aforementioned. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's submitting and receiving approval of plans and profiles the proposed new section of Burks Street, include a clean environmental assessment, for the construction of S.W., said plans shall acceptable to the City Manager, of Burks Street and the land to be dedicated, demonstrating that both parcels contain no chemical contamination. BE IT FURTHER ORDAINED that applicant shall indemnify and hold harmless the City and its officers, agents and employees, from all costs, liabilities, fines or penalties, losses, damages, claims, causes of actions suits of any nature, and expenses, including attorney's fees resulting from the release, disposal or presence of any hazardous materials, substances or waste on or adjacent to the current Burks Street or the property to be dedicated to the City, or any other environmental liability resulting from or arising out of City's current or prior ownership of Burks Street or City's ownership of the property to be dedicated to the City. BE IT FURTHER ORDAINED that applicant, prior to the City's approval of the above-referenced subdivision plat, street plans and profile, shall file with the City a subdivider's agreement and bond with surety, letter of credit, or other performance guarantee, in form approved by the City Attorney, and in an amount sufficient to construct the proposed new street, all of which shall be consistent with the requirements of the City's subdivision and zoning ordinances; that applicant, upon the City's approval of the above- referenced subdivision plat, shall record said plat in the Office of the Circuit Court Clerk; and that the filing of said plat shall constitute applicant's acceptance of the conditions set forth herein. BE IT FURTHER ORDAINED that in the event these conditions have not been met and said plat has not been recorded in the Office of the Clerk of Circuit Court within twelve (12) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. 4 BE IT FINALLY ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Akzo Coatings, Inc., and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. WILBURN C. DIBLING, JR. CITY AT'tORN EY CZTY OF RO 'O OFF C OF 464 MUNICIPAL BUILDING , ROANOKE, V1~1~1~95 P 4,1 7 TELEPHONE: 703-981-2431 TELECOPIER: 703-~1-2940 July 8, 1993 WILLIAM X PARSONS STEVEN J. TALEVI KATHLEEN MARIE KRONAU GLADYS g YATES ASSISTANT CITY ATTORNEYS Harwell M. Darby, Esquire Glenn, Flippen, Feldman & Darby P. O. Box 2887 Roanoke, Virginia 24001 Re: Vacation of Burks Street~ S.W. Dear Sam: Steve Talevl is on vacation, and I have Just seen.your letter of July 6, 1993, to him. In your letter, you sought to put "on the record" certain objections of your client, Virginia Scrap Iron and Metal Company, Inc., to the proposed closing of Burks Street. From your letter, I was uncertain whether you were simply advising this office of objections that you have put on the record or whether you want this office to put the objections on the record on your behalf. It would be my recommendation that, if you desire to place anything in the record of City Council, you address your letter to City Council in care of the City Clerk. I am sure, Mrs. Parker will be pleased to transmit your letter to City Council and place it in the records of Council. This office cannot assume the responsibility of creating a record for persons who object to street closures or rezonings. With kindest personal regards, I am Sincerely yours, ~Wilburn C. Dibling, City Attorney WCDj:dlJ~ cc: ~ry F. Parker, City Clerk Steven J. Talevi, Assistant City Attorney Jr. MARY F. PARKER City Cierk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telep.hone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 19, 1993 File #51~ Harwell M. Darby, Jr., Attorney Glenn, Flippin, Feldmann & Darby P. O. Box 2887 Roanoke, Virginia 24001 Dear Mr. Darby: I wish to acknowledge receipt of your communication under date of July 9, 1993, expressing objections on behalf of your client, Virginia Scrap Iron and Metal Co., with regard to the request of Akzo Coatings, Inc., that a 265.15 foot section of Burks Street, S. W., formerly known as Reed Street, be permanently vacated, discontinued and closed, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, July 12, 1993. Ordinance No. 31563 vacating, discontinuing and closing the abovedescribed property was adopted on its first reading, and your communication was made a part of the official record. ~',~o~.~.Sincerely' ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Raymond R. Robreeht, Attorney, 102 N. Market Street, Salem, Virginia 24153 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney John R. Marlles, Chief, Community Planning Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner GLENN, FLIPPIN, FELDMANN ROA~O~*, v~o~,~ 2~, JilL 12 P~ :23 July 9, 1993 224-8006 A Ms. Mary Parker, Clerk Roanoke City Council City of Roanoke 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Vacation of Burks Street, S.W. Dear Ms. Parker: Per Wil Dibling's recommendation, I am sending you my client's objections to the vacation of Burks Street so they may be presented to City Council. I do not believe that City Council is going to fail to adopt the ordinance but do want to be "on the record" as objecting primarily in order to make the point that we are not sure that Virginia Scrap Iron and Metal Company will, once all is said and done, have the same access to its property that it had prior to the street closing. Specifically, we are concerned with (1) the mm radii for trucks coming down Union Street and having to turn onto the railroad right-of-way and (2) the access limitations that are going to be imposed by the turn into the right-of-way with no correlative changes in the railroad right-of-way. I am f'ding, for the record, these objections as well as a letter fi.om Mr. Golden to me in which he sets out some comments on the matter as well. My client believes the Council members should view Burks Street and Union Street before acting on this matter. He also is dubious about the City's undertaking to maintain the new street to be dedicated. 6LENN, FLIPPIN, FELDI~IANN ~: DARBY Ms. Mary Parker, Clerk July 9, 1993 Page 2 Would you be so kind as to associate these matters with the permanent record? I will be glad to be present at the City Council meeting to give Council further detail but feel at this point that such an effort would be a waste of my client's funds for attorney's fees. Cordially yours, HMDJR:mty:0706010 cc: Wilbum C. Dibling, Jr. WASTE MATERIALS ~ PiPE - RAILS - MACHINERY ~'"~'~' "&~ ~' P.O. BOX 8278 &~ m':c"'cl'~N(]~'-'~J 1600 S. Jefferson St., at Roanoke City Mills s[XCl~: ]93o %~rji ROANOKE, VIRGINIA 24014 ~~~' July 1, 1993 Mr. Harwell M. Darby, Jr. Glenn, Flippin, Feldmann & Darby 200 First Campbell Square P. O. Box 2887 Roanoke, VA 24001 SUBJECT: BURKS STREET, S.W. Dear Sam: Received your letter of June 29, 1993, concerning the closing of Burks Street, S.W. The city is taking away a public street which is the one and only access to our property for the private and exclusive use of someone else (AKZO). That company has plenty of street and road frontage for their access. ASKO wants this public street for their exclusive convenience and other unknown and untold private reasons. They have personal, private reasons for their request. It is not for the public good. This street closing and the alternative will leave us an access and entrance to our property from a newly constructed, no name alley that nobody ever heard about, with corners difficult or impossible for tractor trailer equipment to negotiate. Our thirty-five (35) years of peaceful occupancy would be lost for good. It would make our twenty (20) acres of first-class prime industrial property virtually worthless to us and unsaleable to anyone else. This is just not right and not fair treatment. If you have any questions, please call. Sincerely, SG: jh SAM GOLDEN Phone (703) 343-3667 Roanoke City Planning Commission July 12, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Application of Akzo Coatings, Inc., to permanently vacate, discontinue and close a 265.1 foot portion of Burks Street, S.W., as the same extends between Official Tax Nos. 1510302 and 1510303. I. Background: Burks Street section as requested for closure is 25' in width and extends in a northerly direction from Roanoke Avenue, S.W., for a distance of 265.1' to an existing right-of-way boundary of the Norfolk and Western Railway (see attached Map A). Applicant owns all of the properties situated on both sides of the subject street section. ADDlicant manufactures a variety of chemical coatings, including enamels, lacquers and finishes. Materials and chemicals essential for the process are received and stored in the receiving warehouse located on the east side of the subject Burks Street, S.W. Materials and chemicals are constantly being moved through and across the subject street during an average workday from the gates and ramps of the warehouse to the processing plant which is located on the west side of this section of Burks Street, S.W. II. Current Situation: Application was received by the Office of Community Planning on May 3, 1993. Application states that the request is made in the interest of "improving the safety of the public and applicant's employees." Application further states that the applicant "will provide property for the relocation Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Page 2 Ce III. of that portion of the street which presently runs between two (2) of its buildings, as shown on the attached plat." Section of Burks Street, S.W. as requested for closure is currently being used by the public. Adjacent properties identified on attached Map A as official tax parcels 1510102 and 1510103 (Virginia Scrap Iron and Metal Company) use this section of Burks Street as a principal means of access to Roanoke Avenue, S.W. Plannino Commission reviewed the subject application at its regular meeting on June 2, 1993. Ee Virginia Scrap Iron and Metal Company was represented by legal counsel, Mr. Sam Darby, at the public hearing. Mr. Darby stated that his client was opposed to the proposed closure of Burks Street, S.W., for the following reasons: Relocation of the street will create new turning radius problems for traffic entering and leaving his property. Relocation of the street will make it more difficult for his customers to find and locate his business. Applicant has agreed to work with Virginia Scrap Iron and Metal Company to resolve their concerns. Issues: Inconvenience to the public and other adjacent property owners. ImDrovinq the qeneral safety of the public and th~ applicant's employees. IV. Alternatives: APProve the applicant s request to close the subject section of Burks Street, S.W., subject to conditions outlined in Part V. of this report. 1. Inconvenience to the public and other adjacent property owners. Closure of the street section would inconvenience the public and would deny another adjacent property owner access to his property. Page 3 If applicant provides property for a suitable alternative street connection (see attached Map B) and constructs such alternative street to acceptable City standards, the general public and other adjacent property owners would not be inconvenienced. ImDrovinq the qeneral safety of the public and the applicant's employees. Constant moving of equipment, materials, etc., through and across the subject public street poses a certain degree of risk and danger to both the general public and the applicant's employees. Relocation of this section of Burks Street to the rear of the applicant's property bearing Official Tax No. 1510303 (see attached Map B) and attached "Proposed Plan" would eliminate this cross-street movement and would provide additional safety for the essential movement of both public traffic and the applicant's employees. Street realignment as shown on the attached"proposed plan" provides a proper turning radius for semi-trucks. Traffic will not be restricted by a reduced turning radius. Deny the applicant's request to close the subject section of Burks Street, S.W. 1. Inconvenience to the public and other adjacent Ve property owners would not be an issue. Improvinq the qeneral safety of the public and the applicant's employees: Public traffic will remain at risk of potential collision with transport equipment passing through and across this street section. Applicant's employees will remain at risk of potential collision with traffic passing through this street section. Recommendation: Planning Commission, by a vote of 4-0 (Messrs. Bradshaw and Jones and Mrs. Coles absent) recommends that City Council approve Alternative "A" thereby approving the applicant's Page 4 request to permanently vacate, discontinue and close the subject section of Burks Street, S.W., subject to the following conditions: The applicant shall submit to the City for approval, and receive approval of a subdivision plat, providing for the dedication thereon, of an area 30 feet wide, and reserving within the area vacated, any and all existing utility easements. Be The applicant shall submit to the City for approval, and receive approval of, plans and profiles for the construction of the proposed new section of Burks Street, S.W. The plans shall include a clean environmental assessment of Burks Street and the land to be dedicated, demonstrating that both parcels contain no chemical contamination. Said assessment to be acceptable to the City Manager. Ce The applicant shall agree to indemnify and hold harmless, the City, its agents and employees for any environmental liability, including but not limited to all costs, fines and penalties, arising out of the City's current ownership of Burks Street or the City's future ownership of property to be dedicated to the City. The applicant, prior to the City's approval of the above- cited subdivision plat and street plans and profiles shall file with the City a subdivider's agreement and bond with surety, letter of credit, or other performance guarantee, in an amount sufficient to construct the proposed new street and in a form acceptable to the Office of the City Attorney. The applicant, upon the City's approval, shall thereafter record said subdivision plat in the office of the Clerk of the Circuit Court. Said filing shall constitute the applicant's acceptance of the conditions of closure. Any ordinance providing for the closure of the subject section of Burks Street, S.W., shall provide that if the above-cited conditions have not been met and fulfilled within a period of twelve (12) months from its adoption, then said ordinance shall become null and void with no further action from City Council being necessary. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission Page 5 JRM:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 Roanoke, Vir~ini~ 2~011 Telephone: (703) 981-Z541 April 28, 1993 SANDRA H. EAKIN Deputy City Clerk File #514 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, i am enclosing copy of an application from Raymond R. Robrecht, Attorney, representing Akzo Coatings, Inc., requesting that a portion of Burks Street, S. W., formerly known as Reed Street, be permanently vacated, discontinued, closed and relocated adjacent to Union Street. Sincerely, f~.~__ Mary F. Parker, CMC/AAE City Clerk MFP: sm s/akzo Enc o pc: The Honorable Mayor and Members of the Roanoke City Council MI~. Raymond R. Robrecht, Attorney, 102 N. Market Street, Salem, VirKinia 53 ~[ John R. Marlles, A~ent, City Planning Commission Mr. Ronald H. Millee, Building Commissioner/Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney RAYMOND R. ROSR~CHT LAW OFFICE~ SALEM, VIRGINIA IN THE COUNCIL OF T~ Ci~F ROANOKE, VIRGINIA APPLICATION OF AKZO COATINGS FOR VACATION OF STREET INC. TO THE MEMBERS OF COUNCIL: Akzo Coatings Inc., by counsel, applies to have a portion of Burke Street, formerly Reed Street, in the City of Roanoke, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This street is shown on the attached plat which indicates that portion of it which the petitioner seeks to vacate and relocate adjacent to Union Street. also shown on an attached plat. Akzo Coatings Inc. states that application are as follows: the grounds for this 1. The landowner. Virginla Scrap Iron & Metal Company, whose property adjoins the property to be vacated will not be put to any significant or permanent inconvenience. 2. Improving the safety of the public and applicant's ~mployees. RAYMOND R. ROI~RE(.~HT I. AW OFFICH SALEM. VIRGINIA 3. Applicant will provide property for that portion of the street which presently runs ts bqildings, as shown on the attached plat. the relocation of between two (2) of WHEREFORE, Akzo Coatings, Inc. respectfully requests that the ortion of Burke Street as shown on the attached plat be vacated by :he Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979) as amended, and relocated adjacent to Union Street as shown on the attached plat. Respectfully submitted, AKZO COATINGS INC. By Counsel ~ay~bnd-R. l~obrecht, 102 N. Market Street Salem, Virginia 26153 Counsel for Akzo Coatings Inc. r '~ I till I' I!l! lllJ ! /"-~ I , I ~A? A~ Page 4 Recommendation: Recommend that City Council approve the applicant's reauest to permanently vacate, discontinue and close the subject section of Burks Street, S.W., subject to the following conditions: The applicant shall submit to the City for approval, and receive approval of a subdivision plat, providing for the dedication thereon, of an area comparable in size and width to the subject section of Burks Street, S.W. and reserving within the area vacated, any and all existing utility easements. The applicant shall submit to the City for approval, and receive approval of, plans and profiles for the construction of the proposed new section of Burks Street, S.W. The plans shall include a clean environmental assessment of Burks Street and the land to be dedicated, demonstrating that both parcels contain no chemical contamination. Said assessment to be acceptable to the City Manager. The applicant shall agree to indemnify the City for any environmental liability, including but not limited to all costs, fines and penalties, arising out of the city's current ownership of Burks Street or the city's future ownership of property to be dedicated to the City. De The applicant, prior to the City's approval of the above- cited subdivision plat and street plans and profiles shall file with the city a subdivider's agreement and bond with surety, letter of credit, or other performance guarantee, in an amount sufficient to construct the proposed new street and in a form acceptable to the office of the City Attorney. The applicant, upon the City's approval, shall thereafter record said subdivision plat in the office of the Clerk of the Circuit Court. Said filing shall constitute the applicant's acceptance of the conditions of closure. Any ordinance providing for the closure of the subject section of Burks Street, S.W., shall provide that if the above-cited conditions have not been met and fulfilled within a period of twelve (12) months from its adoption, then said ordinance shall become null and void with no further action from City Council being necessary. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 July 1, 1993 File #514 SANDRA H. EAKIN Deputy City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, July 12, 1993, at 7:30 p.m., on the request of Akzo Coatings, Inc., that a 265.15 foot section of Burks Street, S. W., formerly known as Reed Street, as the same extends between Official Tax Nos. 1510302 and 1510303, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of the City Planning Commission report with regard to the street closure. If you desire additional information prior to the public hearing, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm July Eno. pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Willard N. Claytor, Director of Real Estate Valuation Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. John R. Marlles, Agent, City Planning Commission Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 1, 1993 File #514 Mr. Raymond R. Robrecht, Attorney 102 N. Market Street Salem, Virginia 24153 Dear Mr. Robrecht: Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing will be held on Monday, July 12, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of Akzo Coatings, Inc., that a 265.15 foot section of Burks Street, S. W., formerly known as Reed Street, as the same extends between Official Tax Nos. 1510302 and 1510303, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing and an Ordinance providing for the street closure, which notice and Ordinance were prepared by the City Attorney's Office. Please review the notice and Ordinance and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Chief of Community Planning, at 981-2344. t"~"~'{ Mary F. Parker, CMC/AAE City Clerk MFP:sm July Enc. pc: Mr. Sam Golden, P. O. Box 8278, Roanoke, Virginia 24014 NUMBER - 62303%2~ PUBLISHER'S FEE - RAY~ONO R RQ~RECHT 102 N MARKET ST CIIY" '93 ,JilL 12 All :16 STATE OF VIRGINIa CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTA[IVE OF THE TIMES-WORLD COR- PORATION, WHICH CORPORATION IS PUELISHER OF THE ROANOKE TIMES 8 WORLD-NEWS, A DAILY NEWSPAPER PUmLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 06/25/93 MORNING 07/0Z/93 MI]RNING wITNESS, THI.~.-~ 7TH DAY OF JULY 1993 ..... _ AUTHORIZED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, July 12, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close the following public right- of-way: A 265.1' section of Burks Street, S.W., formerly known as Reed Street, as the same extends between Official Tax Nos. 1510302 and 1510303. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 23rd day of June , 19 93. Mary F. Parker, City Clerk. Please publish twice in the Roanoke Times & World-News, once on Friday, June 25, 1993, and once on Friday, July 2, 1993. Send affidavit to: Send bill to: Mary F. Parker, City Clerk Rm. 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Mr. Raymond R. Robrecht, Attorney 102 N. Market Street Salem, Virginia 24153 NOTICE OF PUBLIC HEARING ~;ttI~FORE THE' ROANOKE CITY PLANNING COMMISSION '93 p4:33 TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, June 2, 1993, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from Akzo Coatings, Inc., represented by Raymond R. Robrecht, attorney, that a portion of Burks Street, S.W., being perpendicular to Roanoke Avenue, S.W., and running in a northerly direction to the right-of-way line of me Norfolk and Western Railway, be permanently vacated, discontinued and closed. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the John R. Marlles, Agent Roanoke City Planning Commission Please run in newspaper on Tuesday, May 18, 1993 and Tuesday, May 25, 1993. Mr. Raymond R. Robrecht, Attorney 102 N. Market Street Salem, VA 24153 Please bill: Please send affidavit of publication to: Office of Community Planning Room 355, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 ITY OF ROANOKE OFFICE OF THE CITY CLERK 21 ~ Church Avenue, S, W., Room 456 Roanoke, Virginia 2~01 ! Telephone: (703) 9tll-2541 MARY ~ ~=~l~t SANDlOt H. EAKIN Cit~ , CMC/AAE Deputy City Clerk April 28, 1993 File #514 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Raymond R. Robrecht, Attorney, representing Akzo Coatings, Inc., requesting that a portion of Burks Street, S. W., formerly known as Reed Street, be permanently vacated, discontinued, closed and relocated adjacent to Union Street. Sincerely, f~L~-- Mary F. Parker, CMC/AAE City Clerk MFP: sm s/akzo Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Raymond R. Robrecht, Attorney, 102 N. Market Street, Salem, Virg/nia 24153 Mr. John R. Marlles, Agent, City Planning Commission Mr. Ronald H. biiller, Bufldtn~ Conunissioner]Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney